Ping An Cloud Service Agreement

<p style="text-align:center"><strong>Ping An Cloud Service Agreement</strong></p> <p>&nbsp;</p> <p style="text-align:right">Updated on October 10, 2018</p> <p style="text-align:center"><strong>Reminder</strong></p> <p>&nbsp;</p> <p>Before using Ping An Cloud services, you should carefully read and follow the terms and conditions of this Agreement. This Agreement is a valid contract entered into between Shenzhen Ping An Communication Technology Co., Ltd. (&quot;us&quot;), the operator of Ping An Cloud Website (<a href="https://pinganyun.com">https://pinganyun.com</a>) and registered users (&quot;you&quot;) with regard to the use of Ping An Cloud.</p> <p>&nbsp;</p> <p>The index keywords listed before terms and conditions of this Agreement are used only to help you understand the main purpose of the clauses, rather than influencing or restricting the implication or explanation of the terms and conditions of this Agreement. In order to protect your own interests, we suggest you carefully read all terms and conditions herein.</p> <p>&nbsp;</p> <p><strong>You shall carefully read this Agreement before agreeing to its terms and conditions. </strong>Please be sure to carefully read and fully understand all terms and conditions, especially those on limitation of liability, applicable laws and dispute resolution. These terms and conditions are in bold italics, on which please lay more emphasis.</p> <p>&nbsp;</p> <p><strong>By reading and clicking on the &quot;Agree&quot; button or accepting this Agreement in any other means, you understand and accept all terms and conditions set forth in this Agreement, and reach a consensus with us. This Agreement takes effect on the date when you click &quot;Confirm&quot; on the web page or accept this Agreement in any other means. </strong>In reading this Agreement, if you do not accept this Agreement or all of the terms and conditions herein, please do not click the &quot;I agree&quot; button. You declare to us that you have the legal capacity to enter into a contract (for example, you are not a user under the age of 18). Otherwise, you and your guardian shall bear all legal consequences. If you sign &quot;this Agreement&quot; on behalf of an entity (for example, your employer), you declare to us that you have the legal authority to bind that entity. Otherwise, you shall bear all legal consequences.</p> <p>&nbsp;</p> <p><strong>General provisions</strong></p> <p><strong>1. Use of the products and services</strong></p> <p>1.1 General rules</p> <p>You may access, register for and use the products and services in accordance with &quot;this Agreement&quot;, with the products and services provided on the basis of the &quot;Service Level Agreement&quot;. You shall adhere to the terms and conditions under &quot;this Agreement&quot; as well as all laws, regulations and rules applicable to the products and services you use, including service clauses.</p> <p>1.2 Registration and use of accounts</p> <p>1.2.1 If accessing the products and services, you must have a service account (&quot;Ping An Cloud account&quot; on Ping An Cloud (https://pinganyun.com). You may complete the registration procedure by following the prompts on the registration page of Ping An Cloud&#39;s official website to obtain a Ping An Cloud account.</p> <p>1.2.2 You shall fill in and submit accurate, legal and valid information in accordance with the registration procedure of the Ping An Cloud services, and will be bound by this Service Agreement after you fill in information by following the prompts on the registration page, read and agree to this Service Agreement, and complete all registration procedures, or when you use the services of this website in any other ways permitted by Ping An Cloud. You may use the email box and mobile phone number provided or confirmed by you, or other means permitted by Ping An Cloud to log on to this website. In case of any change in the information, you shall update it in a timely manner by yourself in accordance with the rules of Ping An Cloud system. In order to ensure the continuity of services, please notify us promptly if you revised the information of your mobile phone number, email or address. In case you are unable to use the ordered products or services as a result of erroneous information provided by you in this application, like mobile phone number, email box and address, we will take no responsibility for that.</p> <p>1.2.3 <strong><em>You understand and agree that in order to guarantee the security of accounts and transactions, we have the right to request you to complete real-name authentication of your Ping An Cloud account at any time when necessary; at the same time, we may request you to provide more identity materials and information with regard to activation of some products or services for further identity authentication and qualification verification. You will not gain access to relevant products or services until the authentication and verification are passed.</em></strong></p> <p>1.2.4 <strong><em>You understand and agree that you authorize us to obtain the relevant information regarding your use of the services when checking your identity and qualification through a third party.</em></strong></p> <p>1.2.5 Where you have multiple Ping An Cloud accounts, there is a connected relationship between your master accounts and sub-accounts, between authorizing accounts and authorized accounts, and the accounts shall assume joint liability in accordance with laws and regulations, this Agreement, the terms and conditions on the products and services of Ping An Cloud website or other rules, we retain the title to Ping An Cloud accounts. After completing the registration procedure, you only have the right to use the Ping An Cloud account, but shall not grant, lend, lease, transfer or sell it.</p> <p>1.2.6 You shall be responsible for all actions under your account, and bear all risks arising from the use of your account, including risks incurred due to reliance on the accuracy, integrity and practicality of the account used, regardless of whether the actions are performed by you, your employee(s) or any third party. We cannot and will not be liable for any losses or damages as a result of the aforesaid risks.</p> <p>1.2.7 <em>You have the responsibility for ensuring the security of the information and password of your Ping An Cloud account. All activities (including but not limited to information disclosure, release of information, purchase of products and services) under your Ping An Cloud account shall be regarded as the actions carried out by the user him(her)self. Users agree to disclose the account or password information to others in no event. You shall immediately notify us if you suspect somebody else of using your account number.</em></p> <p>1.2.8 If you have not logged on to your registered Ping An Cloud account for long, we are entitled to reclaim this account and clean up relevant stored data so as not to cause a waste of resources; and users shall bear any loss arising therefrom by themselves.</p> <p>1.2.9 Where you go against any national or local laws and regulations or violate this Agreement, we retain the right to suspend or terminate part or all of the services provided to you, even writing off your Ping An Cloud.</p> <p>1.3 Account security</p> <p>1.3.1 You understand and agree that we have the right to learn about the real backgrounds and purposes of your using the products and services of this website, and have the right to request you to provide truthful, comprehensive and accurate information; if we have good reasons to suspect that you provided false information, carried out fraudulent transactions, or your actions were in breach of the rules of Ping An Cloud website, we have the right to temporarily or permanently restrict part or all of functions of all products and/or services used under your account.</p> <p>1.3.2 You understand and agree that we have the right to suspend or restrict part or all of payment functions under your account for the sake of operations and transaction safety, of which we will notify you via emails, private message, SMS and phone calls. You shall pay close attention and make an appeal in accordance with a given procedure.</p> <p>1.3.3 You understand and agree that we have the right to inquire about, freeze, and deduct your personal information, funds, transactions and accounts on this website, subject to the requirements of judicial, administrative, military, and security organizations of the nation (including but not limited to public security organs, procuratorial organs, courts, customs, tax authorities, and security organs).</p> <p>1.3.4 <strong><em>You understand and agree to authorize Ping An Cloud to collect your information and pass on your account and relevant information to a third party by way of encryption for its providing services for you. For specific purposes, contents and ways of passing on the information, please refer to Privacy Policies.</em></strong></p> <p>&nbsp;</p> <p><strong>2. Revision </strong></p> <p>2.1 Revision to the products and services</p> <p>We may revise or suspend all or any products and services from time to time, or modify and remove functions of all or any products and services. We will notify you of any major revision to or suspension of products and services. The latest products and services are subject to the relevant products and services presented and provided on the Ping An Cloud website to you.</p> <p>2.2 Revision to API</p> <p>We may revision or suspend any &quot;API&quot; of the products and services from time to time. In case of any suspension of or major revision to any &quot;API&quot; of any products and services, we will make commercially reasonable efforts to continue to support the previous version of this &quot;API&quot; within 12 months after the revision to and suspension of this &quot;API&quot; unless such practice leads to the following consequences. In case that the products or services are suspended due to the revision to or suspension of &quot;API&quot; by a third party, you shall directly approach the third party about a solution. The third party shall bear all losses arising therefrom.</p> <p>2.2.1 Giving rise to security or IPR (intellectual property rights) issues;</p> <p>2.2.2 Bringing about heavy economic or technical burdens;</p> <p>2.2.3 Resulting in our violation of laws, and requirements of government.</p> <p>2.3 Revision to terms and conditions of the Ping An Cloud platform</p> <p><strong><em>We may revise, suspend or supplement terms and conditions of the Ping An Cloud platform from time to time, including but not limited to those in &quot;this Agreement&quot;, &quot;Privacy Policies&quot;, and &quot;Service Level Agreement&quot;. We may release the revised version on the Ping An Cloud website. We will give you at least 90 days&#39; notice of any adverse change in any terms and conditions. The revised terms and conditions will come into effect upon the release. If we notify you of such revision via emails and SMS, the effective date will be subject to what is stipulated in emails. By continuing to use the products and services after the effective date of any revision to this Agreement, you agree to accept the revised terms and conditions. You are responsible for checking any revision to this Agreement on the Ping An Cloud website on a regular basis. The latest revision date of this Agreement is the date specified.</em></strong></p> <p>&nbsp;</p> <p><strong>3. Contents of the products and services</strong></p> <p>3.1 &quot;Products and services&quot; herein refer to the products and services presented and provided to you on Ping An Cloud&#39;s website (https://pinganyun.com).</p> <p>3.2 The Ping An Cloud products and services provided by us must be in line with the provisions of this Agreement.</p> <p>3.3 When offering and ordering products or services on Ping An Cloud, you shall abide by this Agreement, as well as the order agreement on the products and services you purchase. This order agreement is an effective part of this Agreement.</p> <p>&nbsp;</p> <p><strong>4. Rules of use</strong></p> <p>4.1 With regard to the information of the internet account name and profile photo you use for registration, and the information you edit or disseminate in using the products and services of Ping An Cloud, you promise no information shall contain the following situations:</p> <p>4.1.1 Violating the Constitution or laws;</p> <p>4.1.2 Endangering national security, divulging state secrets, subverting state power, and undermining national unity;</p> <p>4.1.3 Damaging the honor and interests of the state, and harming the public interest;</p> <p>4.1.4 Inciting hatred or discrimination among ethnic groups, and undermining the solidarity among ethnic groups;</p> <p>4.1.5 Opposing the state&#39;s religious policies, advocating cult and superstition;</p> <p>4.1.6 Spreading rumors, disrupting social order and harming social stability;</p> <p>4.1.7 Spreading obscenity, pornography, gambling, violence, murder, terrorism or abetting the commission of a crime;</p> <p>4.1.8 Insulting or defaming others, infringing upon the legal rights and interests of others;</p> <p>4.1.9 Containing any other contents prohibited by any law or administrative regulation.</p> <p>4.2 You shall use the Ping An Cloud website by complying with laws and this Agreement, and you shall not carry out the following activities during the process of use, including but not limited to:</p> <p>4.2.1 Deleting the information on copyright;</p> <p>4.2.2 Reverse engineering, disassembling, decompiling, and recompiling any resources within the program file, or trying to find the source code of the software otherwise;</p> <p>4.2.3 Using, leasing, lending, copying, revising, linking, reprinting, assembling, issuing, publishing, or creating mirror sites of the IPR owned by Ping An Communication Technology;</p> <p>4.2.4 Copying, revising, adding, deleting and hooking the data released into any terminal memory, the client-server interactive data during the running of software, and all necessary data for the running, or creating any derivative works, including but not limited to gaining access by using plug-ins, add-ons or any third-party tools/services without being authorized by Ping An Communication Technology;</p> <p>4.2.5 Modifying or falsifying the instructions and data in software running, adding, deleting and changing software functions or effects, or using the aforesaid software and means for operations or public communication, regardless of whether the actions are for commercial purposes;</p> <p>4.2.6 Logging on to or using the website via any third-party software, plug-in, add-on or system that is not developed or authorized by Ping An Communication Technology, or creating, publishing or disseminating the aforesaid tools.</p> <p>4.3 In using the products and services, the prompts on trading operations in this Agreement and on the web page or the message we send to your mobile phone (like SMS or phone calls) are relevant rules for you to use the products and services. By using the products and services of Ping An Cloud indicates, you agree to accept our relevant rules. You understand and agree that we have the right to revise relevant rules for the products or services unilaterally, without requiring your approval. The service rules shall be subject to the prompts on the web page when you use the services (or the SMS or phone calls sent to your mobile phone).</p> <p>4.4 We may notify you of the service progress or reminder you of the next-step operations via emails (or SMS or phone calls sent to your mobile phone), but we do not guarantee that you are able to receive or promptly receive this email (or SMS or phone calls sent to your mobile phone), or bear any consequence arising therefrom. Therefore, you shall log on to this website in a timely manner to check and conduct trading operations in the duration of services. We take no responsibility for any dispute or loss arising from your failing to promptly check and revise or confirm the service status, or failing to submit relevant applications.</p> <p>4.5 If you have any other queries when using the Ping An Cloud website, you can dial our official hotline 400-151-8800, or send an email to pub_pinganyun@pingan.com.cn. We will provide feedback in accordance with the real situation.</p> <p>&nbsp;</p> <p><strong>5. Rights and obligations</strong></p> <p>5.1 Your rights and obligations</p> <p>5.1.1 You are entitled to obtain corresponding technical support and advice when accepting the products and services provided by us. For specific services, please refer to the relevant product introduction on the Ping An Cloud website.</p> <p>5.1.2 You agree to abide by this Agreement as well as the relevant administrative rules and processes on the service introduction page, and follow the relevant operational guidelines. You understand and agree that your decision to open and use the Ping An Cloud account is based on your prudent consideration, and you shall be responsible for the consequences arising from all operations of your accounts and sub-accounts. For the sake of data security, you shall take the responsibility for data backups. The products or services of Ping An Cloud might provide you with functions or tools for data backups. You shall be responsible for using them to do backups, subject to specific product functions.</p> <p>5.1. You promise that business or non-business activities based on the Ping An Cloud products and services&nbsp; have been approved or permitted by relevant governmental authorities and are in compliance with relevant laws and regulations.</p> <p>5.1.4 Without our express consent, you shall not rent, lend, sell, transfer, copy, or through sub-license and information networks provide the products or services hereunder to any third party.</p> <p>5.1.5 You shall neither modify, decompile, disassemble, or reverse engineer the products and services hereunder, nor otherwise attempt to derive the source code or development documents without authorization.</p> <p>5.1.6 You shall strictly comply with relevant laws and regulations and maintain the internet order and security when using the products and services on Ping An Cloud. You shall be liable for the sources and contents of your user business data. Ping An Cloud hereby reminds you of carefully judging the sources of data and the legitimacy of contents. You shall bear corresponding consequences and responsibilities arising from the non-compliance of your user business data with laws and regulations, departmental rules or state policies.</p> <p>5.1.7 Any change to or attempt to change the system configuration provided by Ping An Cloud services, or any disruption to the system security is strictly prohibited; any action of disrupting or attempting to disrupt the network security is strictly prohibited, including but not limited to maliciously scanning websites and servers, hacking the system and gaining illegal access to the data by means of viruses, Trojans, malicious codes and fishing.</p> <p>5.1.8 We have the right to halt the program or terminate the services for you if you frequently suffer attacks (including but not limited to DDoS attacks) as a result of your engaging in any business including but not limited to DNS resolution, security services, domain name proxy services and reverse proxy, and fail to remedy the situation in a timely manner, or eliminate ill effects in accordance with our requirements, thus exerting an adverse impact on the Ping An Cloud website or others.</p> <p>5.2 Ping An Cloud&#39;s rights and obligations</p> <p>5.2.1 We undertake to provide internet technology and support to you within our sphere as agreed upon hereunder, and ensure the quality of the products and services.</p> <p>5.2.2 We undertake to strictly abide by the confidentiality agreement of both parties and will not disclose any relevant data of you and your customers.</p> <p>5.2.3 We undertake to provide 7/24 Ping An Cloud after-sale troubleshooting services to paying customers in the duration of services.</p> <p>5.2.4 You understand and agree, though we provide Ping An Cloud services and technical support and after-sale services to you in the duration of services, we will not provide any guarantee for any error or loophole thereof, and will not take any responsibility for the work and consequence that follows from your use of Ping An Cloud services.</p> <p>5.2.5<strong><em> If we find by ourselves or according to the information of competent authorities and the complaints by right holders that you have violated relevant laws and regulations or this Agreement, we have the right to unilaterally adopt one or several of the following measures on the basis of our independent judgment:</em></strong></p> <p>5.2.5.1 <strong><em>Requesting you to delete and revise relevant contents immediately;</em></strong></p> <p>5.2.5.2<strong><em> Directly deleting or masking relevant contents or removing the link;</em></strong></p> <p>5.2.5.3 <strong><em>Restricting and suspending the Ping An Cloud services provided to you (including but limited to directly retiring part of services to you and withdrawing relevant resources, and restricting the operations of your Ping An Cloud accounts);</em></strong></p> <p>5.2.5.4 <strong><em>In case of gross violations, we have the right to terminate the Ping An Cloud services provided to you, and terminate the agreement (including but not limited to directly retiring all services provided to you and withdrawing relevant resources); and we will retain the fees (if any) for your unused service period as damages for breach of contract.</em></strong></p> <p>&nbsp;</p> <p><strong>6. Intellectual property rights</strong></p> <p>6.1 Except for the products or services provided by a third party, we or our affiliates own the right to all contents on the Ping An Cloud website, including but not limited to software, pictures, files, information, data, architecture and page layout containing copyright, trademark right, patent right and trade secrets.</p> <p>6.2 You have the right to use them as specified in this Clause, and shall meet corresponding confidentiality obligations.&nbsp; No one shall take the liability of using, modifying, copying, disseminating, changing, spreading, issuing or publishing the programs and contents on the website without written approval by us or our affiliates.</p> <p>6.3 It&#39;s your obligation to respect intellectual property rights. Our authorizing you to use them as agreed upon in the terms and conditions shall not be regarded as any indication of transferring relevant intellectual property rights or permitting a third party other than Party A to use them. We have the right to cooperate in the inquires and provide your information according to the requirements of the judicial and administrative authorities of the state, so as to resolve complaints and disputes in a timely manner and protect legitimate rights and interests of each party. In case of any breach of contract, you shall be liable for damages.</p> <p>&nbsp;</p> <p><strong>7. Liability for breach of contract</strong></p> <p>7.1 You shall be deemed to be in breach of contract in case of any of the following situations:</p> <p>7.1.1 Violating relevant laws and regulations when using the Ping An Cloud products or services;</p> <p>7.1.2 Going against the provisions of this Agreement.</p> <p>7.2 <strong><em>Regarding your actions performed or not performed but constituting a breach of contract in view of the impact exerted on Ping An Cloud or its users, we m</em></strong><strong><em>a</em></strong><strong><em>y adopt measures towards the accounts concerned according to the seriousness of the circumstances, including but not limited to warning, restricting or prohibiting your use of all or part of services, freezing and even writing off your accounts.</em></strong></p> <p>7.3 <strong><em>In case you violate this Agreement or the relevant service clauses, and lead to or cause any claim, request or loss as claimed by a third party, you shall take the responsibility independently; and you shall be also liable for our loss arising therefrom.</em></strong></p> <p>7.4 <strong><em>For any claim (whether it is based on strict liability and legal provisions under the contract, infringement, negligence, or for other reasons) in any form in connection with this Agreement, our liability is only limited to compensating you for your direct actual loss, with the total compensation no more than the total amount of service fees you paid to us within the 12 calendar months before the date of the damage. </em></strong></p> <p>&nbsp;</p> <p><strong>8. Limitation of liability</strong></p> <p><strong><em>We guarantee that we provide services for you in accordance with this Clause, otherwise we shall seek to remedy the situation, except for the issues arising from the following:</em></strong></p> <p>8.1 <strong><em>Your failing to use the platform as agreed upon in this Clause;</em></strong></p> <p>8.2 <strong><em>The use of your own plug-ins, products, systems or software of a third party, as well as the compatibility with and adaptability to online trading platforms;</em></strong></p> <p>8.3 <strong><em>Hardware or network failure not caused by us; </em></strong></p> <p>8.4 <strong><em>Other reasons not caused by us.</em></strong></p> <p>&nbsp;</p> <p><strong>9. Effect, suspension and termination of services</strong></p> <p>9.1 This Agreement takes effect immediately on the date of activation of the products or services.</p> <p>9.2 You may use the products or services of Ping An Cloud immediately from the date of activation. The services will be suspended under one of the following circumstances.</p> <p>9.2.1 The use and registration of the products or services by you or &quot;end users&quot;:</p> <p>9.2.1. brings about security risks to the products, services or any third party;</p> <p>9.2.1.2 may have a negative impact on the products or services, or the systems of any other Ping An Cloud customers and their products or services;</p> <p>9.2.1.3 may cause Ping An Cloud, Ping An Cloud&#39;s affiliates or any third party to assume liability; and</p> <p>9.2.1.4 may contain a fraud.</p> <p>9.2.2 You or any &quot;end users&quot; go against this Agreement, including your defaulting on your payments.</p> <p>9.2.3 Both parties reach a consensus on the termination.</p> <p>9.3<strong><em> If you or any &quot;end users&quot; are in serious breach of this service Clause, we have the right to terminate the services in advance, and retain the fees (if any) for your unused service period as damages for breach of contract.</em></strong></p> <p>9.4 You can stop using the Ping An Cloud services at any time you like, without a need to give a prior notice to us.</p> <p>9.5 <strong><em>Except as required by laws and otherwise agreed upon with you, we shall continue to store your data within 7 calendar days from the date of early termination of this Agreement for any reason, and will not retain your data upon the expiry of this period. You shall bear any consequence that follows from the data destruction independently. </em></strong></p> <p>&nbsp;</p> <p><strong>10. Supplementary provisions</strong></p> <p>10.1. Force majeure</p> <p>In case that any party is unable to fulfill the contract due to such force majeure events as war, serious fire, flood, typhoon and earthquake, the contractual period shall be extended, with the extension to be the length of time affected by the event. Force majeure refers to an event that could not be anticipated when the parties enter into the contract, and its occurrence and consequences are inevitable and beyond control. The affected party shall inform the other party immediately after the force majeure event, and use Express Mail Service (EMS) to send a force majeure certificate issued by the local authority concerned within 15 days after the event to the other party for review and confirmation. Under the aforesaid circumstance, both parties are still responsible for taking all necessary measures to carry out the contract.</p> <p>10.2 Applicable laws and dispute resolution</p> <p><strong><em>The execution and interpretation of this Agreement, and the resolution of dispute are all governed by laws of the People&#39;s Republic of China, without considering any conflict of laws. Where any dispute</em></strong><strong><em> over this Agreement and the</em></strong><strong><em> fulfillment of this Agreement arises</em></strong><strong><em> between you and us</em></strong><strong><em>, both parties shall resolve it through friendly consultation; in the event no resolution can be achieved through consultation, you may lodge a complaint or give a tip-off to the industry association, regulators or competent authorities concerned, or submit this dispute to Shenzhen Court of International Arbitration (Shenzhen Arbitration Commission)</em></strong><strong><em> </em></strong><strong><em>for arbitration. The arbitration award shall be final and binding upon both parties. The arbitration fee shall be borne by the losing party.</em></strong></p> <p>10.3. Anti-commercial bribery clause</p> <p>10.3.1 Both parties understand and are willing to strictly abide by anti-commercial bribery laws and regulations of the People&rsquo;s Republic of China.</p> <p>10.3.2 Both parties understand that any form of bribery and corruption is against law and will lead to severe punishment under law.</p> <p>10.3.3 Neither Party A nor Party B may request, accept, offer or give any benefit other than agreed in the Agreement, including but not limited to any discounts, rebates, cashes, shopping cards, physical gifts, marketable securities, tours or any other non-material benefits, from/to the other Party. But where such benefits are consistent with industry customs or common practices, they must be expressly set out in the contract.</p> <p>10.3.4 We strictly prohibit any personnel from engaging in any commercial bribery activities. Any of the aforesaid behavior conducted is against company rules, and will lead to punishment under company rules as well as law.</p> <p>10.3.5 We hereby acknowledge that we oppose any activity set out in the third sub-clause of this Clause conducted by users with any third party outside of this Agreement for the purpose of this Agreement. Such behaviors are against law, and will lead to punishment under law.</p> <p>10.3.6 Where any party breaches the above provisions and causes loss to us, the party at fault shall be liable for damages.</p> <p>10.3.7 &quot;Other relevant people&quot; in this Clause refer to the people whose benefits are directly or indirectly related with this Agreement in addition to both parties.</p> <p>10.4 Anti-false communication</p> <p>Both Parties understand and are willing to strictly abide by intellectual property right (IPR), contract and advertising laws and regulations of the People&#39;s Republic of China, including Copyright Law, Trademark Law, Patent Law and Anti-Unfair Competition Law. Both Parties have the right to use or communicate the agreed matters in this Agreement within the agreed scope via agreed means in a truthful and reasonable manner provided that no confidential information as agreed in this Agreement shall be involved. In order to avoid such risks as trademark infringement and improper communication, either party agrees to obtain the prior written approval from the other party before using its trademark, brand and corporate name for communication; otherwise, such use or communication shall be prohibited. Either party hereby undertakes to respond actively to the other party&#39;s application for reasonable use or communication with regard to the cooperation. Either party acknowledges that using the trademark, brand and corporate name of the other party for commercial communication without obtaining its prior written approval, fabricating cooperation programs and exaggerating the scope, contents, effect, scale and degree of cooperation all constitute a breach of this Agreement, and may constitute an act of unfair competition, for which the observant party or the infringed will reserve the right to hold the infringer liable.</p> <p><strong>11. Trade secrets</strong></p> <p>11.1 Trade secrets herein include but are not limited to:</p> <p>11.1.1 Any/All agreements, faxed or emails related to the Ping An Cloud products or services;</p> <p>11.1.2 Customer information, product, business plan, marketing information, investment information, financial standing, drawing, know-how, computer program, research and other materials related to the Ping An products or services;</p> <p>11.1.3 Information that is proprietary to a third party but shall be kept secret by the disclosure party;</p> <p>11.1.4 Other information that shall be kept secret as per the judgment by persons who have fulfilled the duty of care.</p> <p>11.2. In using the products or services, both parties shall strictly keep confidential all known trade secrets about the other party or its affiliates or trade secrets which are owned by a third party but should be kept confidential by the other party or its affiliates. Each party shall only use such trade secrets for the purposes of this Clause and shall not disclose them to any third party directly or indirectly, unless otherwise permitted by the other party in writing.</p> <p>11.3 Where the above trade secrets have to be disclosed to the representatives (including but not limited to both parties&#39; employees, directors, shareholders, consultants, partners and other representatives) for the purposes of this Clause, either party shall urge its representatives to comply with this confidentiality clause, and be held accountable for its representatives&#39; violation of the confidentiality clause.</p> <p>11.4. Both you and we understand and agree that the confidential period starts from the day when the trade secrets are disclosed to the day when they are known by the public.</p> <p>11.5. For the purposes of this Clause, &quot;Affiliate&quot; refers to any entity that controls the specific entity directly or indirectly through one or more intermediaries, is controlled by the specific entity, or is controlled by the same entity jointly with the specific entity. &quot;Control&quot; means the direct or indirect power to conduct or direct the management and policy-making of the entity through voting shares or other voting equities pursuant to this Agreement or by any other means, and in no event such power shall be limited to the aforesaid provisions.</p> <p><strong>Clauses on product providers</strong></p> <p>Product providers refer to the providers of the products or services other than proprietary products and services of Ping An Cloud. You shall abide by this Clause while complying with general provisions.</p> <p>1. You shall be liable by yourself for any loss arising from obstructed, defective or delayed performance due to the products or services provided.</p> <p>2. You promise that the products and services provided contain no defective right. In case of any complaints or infringement disputes arising therefrom, you shall deal with the situation and take corresponding legal responsibility by yourself.</p> <p>&nbsp;</p> <p><strong>Clauses on product users</strong></p> <p>Product users refer to the users registering with Ping An Cloud and subscribing to products or services on it.&nbsp; You shall abide by this Clause while complying with general provisions.</p> <p>1. With regard to any loss arising from obstructed, defective or delayed performance due to your use of non-proprietary products or services on Ping An Cloud, the product or service providers shall be liable for it, except on account of the Ping An Cloud website.</p> <p>2. You agree that you will disclose the information about accounts and passwords to any other entities in no event. If you think there might be other unauthorized entities using your account, or your account information is lost or stolen, please contact us immediately and you may terminate your account at any time as required.</p> <p>3. Prices may vary according to different products and services you subscribe to, subject to what is published on the Ping An Cloud website. The service fees will be clearly listed on your subscription page. You may choose specific products or services on your own and pay prices as indicated.&nbsp; Non-proprietary products and services on Ping An Cloud are subject to this Clause and separate terms and conditions attached (if applicable). Such separate terms and conditions might include separate expenses and fees.</p> <p>3.1 Expense payment means: online top-up + offline remittance You may purchase services by paying directly online after paying money into your Ping An Cloud account. If you are unable to purchase services through online payment, you may also pay service fees to the following designated corporate account:</p> <p>Account name: Shenzhen Ping An Communication Technology Co., Ltd.</p> <p>Account number: 11014988767002</p> <p>Opening bank: Ping An Bank, Shenzhen Branch</p> <p>Remittance remark: Ping An Cloud service fees + Cloud service account number.</p> <p>3.2 We will charge you fees for the products and services actually incurred, and issue an invoice. No payables under this Agreement shall be offset, deducted or withhold. Unless otherwise specified in a notice on the Ping An Cloud website, fees and charges for any new &quot;service&quot; or any new function of a &quot;service&quot; will come into effect after updated fees and charges are released on the Ping An Cloud website. We may raise or add fees or charges for an existing service of Ping An Cloud after giving you a notice at least 30 days in advance. Please be sure to pay enough money into your account in a timely manner, so as to ensure the services will not be terminated, or you shall terminate the services in a timely manner.&nbsp; Where the services are terminated due to overdue bills, you shall still pay your overdraft off. From the second day of your overdue payment, we may charge you a penalty of 0.5&permil; of the receivables per day (if it is higher than the maximum interest rate permitted by law, then the maximum rate permitted by law shall prevail).</p> <p>3.3 We reserve the right to suspend or terminate the offering of products or services to you before you pay off all fees agreed upon, and don&#39;t need to bear any responsibility for any loss arising from the stopped services. At the same time, we reserve the right to hold you legally liable for your overdue payment.</p> <p>3.4 You fully understand that all gifts or activities are one-off special offers outside the standard service price system of the Ping An Cloud system. Special offers exclude the modification, updating and maintenance expenses on gifts, and gifts cannot be converted into money to offset the product and service prices (subject to the specific notice on the activity).</p> <p>4. You understand that we are unable to warrant that all products and services on Ping An Cloud are defect-free (for example, Ping An Cloud&#39;s security products cannot guarantee you absolute security of your hardware and software); however, we undertake to continue to improve Ping An Cloud&#39;s service quality and level. Therefore, you understand and agree, even if there&#39;s a defect in our products or services, it will not be regarded as our breach of contract provided that the aforesaid defect is unavoidable based on the then technological level of the industry.</p> <p>5. <strong><em>If any dispute arises from your opting to use the non-proprietary software or technology on Ping An Cloud, it shall be resolved by the product provider. We provide no customer service support for its software or technology. Please contact the product provider if you need support.</em></strong></p> <p>6. In case of any discrepancy&nbsp;between the Chinese&nbsp;version&nbsp;and the&nbsp;English version of this Agreement, the Chinese version&nbsp;shall&nbsp;prevail.</p> <p>&nbsp;</p>
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