Autel New Energy Co., Ltd. (hereinafter referred to as "Autel", “we”, “our”) hereby reminds you (the user) to carefully read the User Agreement (hereinafter referred to as "the Agreement") before you register as a user to ensure that you fully understand the terms and conditions of the Agreement. Please read carefully and choose to accept or not to accept the Agreement. By taking actions such as registration, login and use, you will be deemed to have accepted the Agreement, and agree to be legally bound by the terms set forth herein. The Agreement stipulates the rights and obligations between Autel and the user in connection to the registration and use of "AUTEL CONFIG" App and the use of the related service (hereinafter referred to as the "Service"). The contents of the Agreement may be updated by Autel from time to time. The updated contents of the Agreement shall supersede the original agreement terms once published. Users can view the latest version of the Agreement on this App. If any user does not accept the updated agreement, he/she shall stop using the Service provided by Autel immediately. By continuing to use the Service provided by Autel, the user will be deemed to have accepted the updated agreement.
I. Account Registration
- The user needs to register an "Autel" account before using the Service. Every "Autel" account shall be registered with the mobile phone number. The user is requested to register "Autel" account with the mobile phone number that has not been bound to any other "Autel" account and that has not been banned by Autel under the Agreement. Autel may change the way of account registration and binding based on user needs or product needs without sending a prior notice to the user.
- In consideration of the way of "Autel" account binding and registration, you agree that Autel will use the email account and other information provided by you for registration during registration.
- When a user registers an Autel account and accepts the Service, Autel has a need to collect personal information that can identify the user so that it can contact the user when necessary or provide a better service experience for the user. The information collected by Autel includes but is not limited to the name, phone number of the user. Autel agrees that the use of the aforesaid information will be subject to the Autel Personal Privacy Information
- You may not use the APP for any purpose that is unlawful or prohibited by this User Agreement, and may not use the APP or any Content to infringe the rights of other entities or individuals.
- You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the APP or any Content, or the structure or presentation of the APP, to obtain or attempt to obtain any materials, documents or information by any means not purposely made available through the APP. Autel reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the APP or any of the services offered on or through the APP by any illegitimate means. You may not launch any form of cyber attacks on the APP.
- You agree that Autel may, at its sole discretion and without prior notice, terminate your access to the APP and/or block your future access to the Site if Autel determines that you have violated this User Agreement or other agreements or guidelines which may be associated with your use of the APP.
III. Account Management
"Autel" accounts are owned by Autel. After the user completes the application for registration, the user obtains the right to use the "Autel" account, which belongs to the initial applicant, and shall not be granted, borrowed, rented, transferred or sold. Due to the business needs, Autel has the right to recover the user's "Autel" account.
The user has the responsibility to properly keep the registered account, account password and other information. If the information is leaked or the account or the password is stolen due to the user's improper keeping, the user shall be liable for it. The user shall take legal responsibilities for the operation of his/her registered accounts and passwords. The user agrees not to use other users' accounts or passwords under any circumstances. When any user suspects that others are using his/her accounts or passwords, he/she shall immediately notify Autel.
Autel reserves the right to withdraw "Autel" accounts and passwords at any time, if the user does not log in one year after the user registers the "Autel" account; Autel can recover the account so as to avoid wasting resources, and the adverse consequences caused thereby shall be borne by the user.
IV. Intellectual Property RightsExcept that the intellectual property rights related to ads in the Service are enjoyed by the corresponding advertisers, the intellectual property rights of the contents involved in the Service (text, graphics, music, videos, animations, trademarks, logos, tables, visual interfaces and computer code, collectively, "Content") are owned by Autel, except where the user has legally acquired intellectual property rights for the content he/she published prior to accepting the Service. Unless otherwise stated, the copyright, patent and other intellectual property rights of the software on which Autel provides the Service belong to Autel.
V. Legal LiabilityThe user understands and agrees that if, resulting from or arising out of the violation of provisions hereof by the user, any third party asserts a claim, demand or loss (including reasonable attorney's fees) against Autel and its cooperative companies or related companies, will cause irreparable harm to Autel, for which monetary damages would be inadequate, and you consent to Autel to obtain any injunctive or equitable relief that Autel deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Autel may have at law. Autel will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Autel. You agree that Autel will not be liable to you or to any third party for termination of your access to the APP as a result of any violation of this User Agreement.
VI. Limitation of Liability and Disclaimer
Autel disclaims all warranties on the availability, continuity and accessibility of the APP and the content and services contained on the APP. The APP and its content are delivered on an "as-is" basis. You assume total responsibility for your use of the APP and any Linked Sites. If you are dissatisfied with all or any portion of the APP, you may stop using all or any portion of the APP.
Autel disclaims all warranties on the accuracy, integrity and reliability of the content contained on the APP. Information on products or services published on the APP, including but not limited to product features, configuration, parameters, technical specifications, and service content, may vary with countries or regions; even for the same product, its product features, configuration, parameters, and technical specifications may vary at different stages of the product life cycle. As it takes time for Autel to update such information, the product or service information you see may be different from the product or service you purchased or you can buy on the market.
Autel shall not be liable for indirect, incidental, special or punitive damages or any indirect losses, including but not limited to loss of profits, income, data or use of data.
The aggregate liability of Autel and its partners to you for any damage or loss incurred as a result of your use of the APP shall not exceed the total subscription fees or similar fees arising from or in connection with your use of any services or features of the APP.
VII. Force Majeure and Fault of Third Parties
Autel will perform obligations by any applicable law, but Autel will not be liable for breach in case of hindered performance, flaws in performance, delay in performance, or changes in obligations to be performed arising from the followings, provided that Autel has exercised due care, typical or emergency equipment and system maintenance, equipment and system failures, network information and data security.
(1)Natural disasters, strikes, riots, wars, act of government, judicial or administrative orders, and other force majeure factors;
(2)Service interruption or disruption due to power supply failure, telecommunication network failure and other public service factors, or hacking, virus intrusion, blocking of illegal content and harassing information, government control and any other network, technology, communication lines, information security management measures, where your requirements cannot be met;
The user shall carefully read and consider the relevant risks with prudence. Minors shall read the Agreement accompanied by their legal guardians.
The validity, construction and dispute settlement of the Agreement shall be governed by the laws of the People's Republic of China. If any dispute occurs between the user and Autel, both parties shall first settle it through friendly negotiation. If the negotiation fails, the user agrees to submit the dispute to the people's court with jurisdiction in the place where Autel is domiciled.
In case where any provision of the Agreement is invalid or is not executable for any reason, the remaining provisions shall remain valid and be binding on both parties.