EasyAR Open Platform Service Agreement
Before you use the service of EasyAR SDK and related cloud services (hereinafter referred to as "Service"), you shall read, understand and abide by the EasyAR Open Platform Service Agreement and other related documents or rules (hereinafter referred to as this "Agreement"). Please be sure to carefully read and fully understand all terms and conditions, especially the disclaimer or limitation of liability clauses, and other agreements to start or use a particular service and related rules. Before you have read and accepted all terms and conditions of the Agreement , you shall not use this Service provided by VisionStar Information Technology (Shanghai) Co., Ltd. (hereinafter referred to as "VisionStar"). Once you register to use or start using the Service, it means that you have read and agreed to and will be bound by this Agreement. If you violate any clauses of this Agreement, VisionStar may decide at its sole discretion to unilaterally stop or terminate the Service to you at any time and shall have the right to bring you to account.
- 1.1 "EasyAR Open Platform" means an app development platform which belongs to VisionStar and uses http://www.easyar.com, http://www.easyar.cn and other websites to serve third-party developers with data, characters, code, tools, software, development kit, files, apps etc.(hereinafter referred to as "SDK/API") and allow them to use this platform to develop AR related app services.
- 1.2 User means any registered user of EasyAR Open Platform who may be an individual, company, organization, group, etc. (hereinafter referred to as “you” or “user”).
- 1.3 SDK/API means software development kit, and in this Agreement, refers to EasyAR app development kits, including without limitation software package, software framework, hardware platform, operating system, etc.
- 1.4 This Agreement means EasyAR Open Platform Service Agreement and other related laws, rules, regulations, policies, guidelines, practices and VisionStar’s bylaws and documents.
- 1.5 The Service includes without limitation online (internet) services, offline SDK/API and other related programs, files, etc. provided by VisionStar for users via EasyAR Open Platform or other platforms.
2. Grant of License and Reservation of Rights
- 2.1 You are authorized to use the SDK/API on computer (PC), PAD, mobile phone, and other smart device or via web-based application (hereinafter referred to as “APP”) on the condition that you completely accept and abide by this Agreement. Besides, if you accept and abide by this Agreement, you can use the SDK/API in accordance with this Agreement, under which you are granted a non-exclusive and non-transferable license to use the SDK/API, and VisionStar has the right to withdraw such license at any time without your consent.
- 2.2 You can choose any one of the versions and an appropriate service for the SDK/API. After your request for the SDK/API is approved, VisionStar will give you a unique account number and password which you should keep carefully. If there is anything wrong with your account number or if your account number is stolen, you should inform VisionStar in a prompt manner and let VisionStar deal with the problem. All actions done by using your account number shall be seen as actions by yourself or with your authorization, for which you shall take all responsibilities.
- 2.3 EasyAR Open Platform can provide an application identification key (hereinafter referred to as "SDK/API Key") for you to use the SDK/API. Make sure that the SDK/API Key is only used by yourself. The SDK/API Key can be used on different platforms or versions, or VisionStar may allocate more than one SDK/API Key to each account for different versions or platforms. Make sure that you will not transfer, lease or authorize any other person to use your SDK/API Key. Without written consent of VisionStar, you shall not generate the SDK/API Key by yourself in a way that violates this Agreement. Any legal or unauthorized use of the SDK/API Key by yourself will be seen as your own behavior, for which you shall take all responsibilities.
- 2.4 All rights under this Agreement shall be expressly granted. VisionStar reserves all rights that are not expressly granted, and you shall not have any of such rights.
- 3.1 Legality of the Service: You shall not use the SDK/API in a way that may infringe others’ intellectual property or other legal rights, including without limitation VisionStar’s or a third party’s copyright, trademark, patent, trade secret, logo, mark, business name, brand, abbreviated form of the business name, product name and other legal rights. Make sure that any material and text produced in the course of your use of the SDK/API or creation, reproduction, download, change, publication and distribution of such material or text and any activity connected therewith shall comply with laws and rules including VisionStar’s rules. In case of any breach of this Section 3, VisionStar shall be entitled to close the account, stop the service, take back the SDK/API mark and give other punishment as required by a third party or at VisionStar’s own discretion.
- 3.2 Service Charge: VisionStar allows you to use the EasyAR Open Platform free of charge for the moment. You understand and agree that in order to improve the quality of the Service, VisionStar may charge part of the Service on the EasyAR Open Platform or launch a new paid service (called “Paid Service” collectively). Before launching the Paid Service, VisionStar will publish a notice or announcement on the web page of the Paid Service. If you don’t agree to pay, you shall stop using the Paid Service. Once you use the Paid Service, it will be seen that you have accepted the service charge of VisionStar and agreed to pay at the rate set by VisionStar. VisionStar undertakes that after a paid service is launched on the EasyAR Open Platform, there will still be free-of-charge service available to you.
- 3.3 Change in the Service: You understand and agree that VisionStar has the right to add anything to, remove, alter, change or terminate part or all of the SDK/API you are using or have used, including without limitation free-of-charge or paid services.
- 3.4 Publicity: VisionStar can decide at its own discretion whether to use your cases of using the SDK/API in publicity activities.
4. Ownership and Intellectual Property Rights
All rights including intellectual property rights and ownership of the SDK/API hereunder belong to VisionStar. Without prior written consent of VisionStar, you shall not:
- 4.1 reproduce, publish, lease, sell, assign, allocate, sublicense, divide, work on reverse engineering of, alter or change part or all of the SDK/API;
- 4.2 use the SDK/API under a false or third party’s name;
- 4.3 disclose all or part of the SDK/API to any third party;
- 4.4 file or allow any person to file an intellectual property application based on all or part of the SDK/API;
- 4.5 use the SDK/API in an inappropriate or wrong way;
- 4.6 use or develop the SDK/API without assistance of the platform hereunder;
- 4.7 use a key to the SDK/API that is not legally authorized by VisionStar;
- 4.8 disclose any confidential information contained in the SDK/API to any third party or to the general public, or otherwise steal or use such information;
- 4.9 take any action that can harm VisionStar’s interests.
5. Brand and Reputation
- 5.1 You shall undertake that when using the Service you shall actively protect VisionStar’s brand and image without doing any activity that can harm VisionStar’s brand, image or reputation.
- 5.2 You shall undertake that without prior written consent of VisionStar you shall not remove, conceal, destroy, alter, debase, distort or change any mark, sign, logo, business name, brand, product name, abbreviated form of the business name, and other word or graphic marks or logos, relating to VisionStar (hereinafter referred to “VisionStar Marks”). Without prior written consent of VisionStar, you shall not use VisionStar Marks in any way unless otherwise authorized by this Agreement. If you need to use VisionStar Marks when using the Service, you shall prominently show that they belong to VisionStar. You shall not state explicitly or implicitly or act in a way that can cause other people to believe that you act as an agent, cooperate with, are affiliated to or have other relationship with VisionStar.
- 5.3 Free-version users shall prominently display a statement that the app is used with EasyAR, on the SDK/API activation page or the app interface, for example, by showing “Powered by EasyAR” on the interface. Any refusal to make the above statement shall be seen as one of the actions that harm VisionStar’s interests, set out in the above Section 4.9, in which case VisionStar shall be entitled to terminate this Agreement immediately.
6. Support and Upgrading
- 6.1 Despite the fact that VisionStar aims to provide best technical support to users and has signed this Agreement with you, VisionStar does not assure or undertakes that the SDK/API for you has been tested, upgraded or customized, unless otherwise agreed in a separate written document executed by you and VisionStar.
- 6.2 VisionStar can decide at its own discretion whether to unconditionally terminate all or part of the Service, without giving a prior notice and without your consent.
- 7.1 You understand and agree that because of the uncertainty and instability of computer and internet technology the SDK/API may contain unknown technical defects or Bug, and VisionStar does not give any form of warranty, assurance or guarantee about them.
- 7.2 VisionStar hereby disclaims all explicit, implicit, verbal and written forms of guarantee about the SDK/API, including without limitation the completeness, accuracy, non-infringement, marketability, general usage of the design and functions of the SDK/API. VisionStar and its agents and employees all have no right to change or revoke the non-guarantee clause explicitly stated in this Agreement. Unless otherwise explicitly specified, VisionStar does not guarantee that the SDK/API meets all your needs, that the SDK/API always works with no breakdown or fault, or that VisionStar will correct all defects and Bug of the SDK/API in a prompt manner.
- 7.3 VisionStar will accept no responsibility for any loss arising from your use of the SDK/API or VisionStar Marks, including without limitation (i) any change or misuse of or act of harming the SDK/API without authorization of VisionStar, (ii) failure to correct a fault as instructed by VisionStar, (iii) failure to use the SDK/API as agreed in a technical file provided by VisionStar or in this Agreement, (iv) any computer virus, hacker, etc. (v) a fault in your or a third party’s computer, device, network or software or a mistake made by yourself or any other user, (vi) disputes arising from the use of the SDK/API or VisionStar Marks, and (vii) any reason that is not attributable to VisionStar.
8. Limitation of Liability
- 8.1 In no event shall VisionStar be held liable for any of your losses, whether or not you are informed beforehand of the possibility of such loss, including without limitation loss of data or personal or business information, profits, a business opportunity or possessions, and damage to software or hardware, and any other special, incidental, direct or indirect loss arising from the use of the SDK/API. Even if VisionStar knows or should know the possibility of such loss, this limitation of liability remains in effect.
- 8.2 You understand and completely agree that in no event shall VisionStar be asked to pay more than one thousand (1,000) RMB for your loss. VisionStar will accept no responsibility for the difference between your actual loss and one thousand RMB, without regard to laws. Signing this Agreement and becoming a registered user of the EasyAR Open Platform or the Service means you have known and understood all provisions of this Section 8 and waived your right to claim against VisionStar.
9. Exemption from Liability for High-Risk Activities
- 9.1 Because of the limitation of scientific research and the reliability and applicability of the SDK/API designed by VisionStar, there is no guarantee that any version of the SDK/API, whether paid or free of charge, can be used in all technical areas. You should be solely responsible for evaluating risks in your use of the SDK/API. VisionStar will accept no responsibility for the consequences of your use of the SDK/API.
- 9.2 In case of using the SDK/API in a technical area that has very high safety and stability requirements, such as nuclear facility, airplane navigation or communication system, air traffic control, weapon system, road traffic, sea navigation, healthcare, food safety, national defense and security, government security, etc. (called “High Risk Activities” collectively), you should evaluate risks especially carefully. VisionStar will accept no responsibility for the consequences of your use of the SDK/API in any one of the High Risk Activities.
- 10.1 You understand and agree that VisionStar will accept no responsibility arising from the use of the SDK/API or VisionStar Marks. You shall be solely responsible for and keep VisionStar harmless from any and all claims, damages and liability arising from your use of the SDK/API or VisionStar Marks, and costs and expenses arising therefrom (including without limitation lawyer fees, legal fees, preservation fees, travel expenses, investigation and evidence collection fees, etc.).
- 10.2 VisionStar shall be entitled to ask you to pay for any loss caused to VisionStar or damages claimed by a third party, in the course of your use of the SDK/API or VisionStar Marks.
- 11.1 When using the VisionStar’s SDK/API, you may be asked to provide personal identification information, for example, your name, phone number, email address, QQ, identity card number, company address, home address, age, gender, interest, etc. Unless otherwise authorized by you or required by laws, rules or legal process, VisionStar shall not disclose such information to any third party.
- 11.2 You agree to authorize VisionStar to analyze information about your use of the SDK/API, in order to improve the reliability of the platform and the quality of the Service. For this purpose VisionStar may record and use some of your information and personal data.
12. No Violation of Laws and Rules
- 12.1 In no event may your use of the EasyAR Open Platform cause any harm to national security, disclosure of national secrets, damage to the country’s or any group’s or third party’s or public interests, nor should you use the EasyAR Open Platform to produce, copy or transmit any information listed below.
- (1) You shall not transmit or publish any statement that may provoke resistant feelings or disruptive behavior against the Constitution Law or other laws or rules, or encourage people to subvert the government or the socialist system, or split the country or disrupt the national unity, or arouse feelings of hatred or discrimination, or disturb national harmony.
- (2) Any information transmission from the mainland China to a foreign country must be in accordance with Chinese laws and rules.
- (3) You shall not use the EasyAR Open Platform to do money laundering, steal trade secrets or personal information or do any illegal activity.
- (4) You shall not disturb the running of the EasyAR Open Platform or hack into the EasyAR Open Platform or the national information system.
- (5) You shall not transmit or publish any information containing illegal, harassing, slandering, insulting, threatening, hurting, vulgar, obscene or impolite expressions.
- (6) You shall not transmit or publish any information or statement that can harm national or public interests or national security.
- (7) You shall not encourage other people to do any activity that is prohibited by this Section 12.
- (8) You shall not use any account registered with the EasyAR Open Platform to do profit making activities.
- (9) You shall not publish anything that can infringe others’ copyrights, trademark rights or other intellectual property or legal rights.
You shall keep yourself ware of and comply with all rules to be published or amended by VisionStar from time to time. VisionStar reserves the right to remove any information that is contrary to a law or policy or the facts without sending you a notice. In case of your breach of this Section 12.1, VisionStar has the right to suspend or close your account and/or take other actions based on VisionStar’s own judgment. You shall take legal responsibility for your statements and behavior on the EasyAR Open Platform.
- 12.2 You shall not register an account with the EasyAR Open Platform in bad faith, including without limitation registering more than one account in order to make profits, speculate, exchange for cash, win a prize, etc. You shall not misuse other users’ account numbers.
- 12.3 You shall not use the EasyAR Open Platform as a place, platform or medium of illegal activities. Without VisionStar’s authorization or permission, you shall not do any business activity in the name of the EasyAR Open Platform, nor shall you use the EasyAR Open Platform as a place, platform or medium of business activities.
- 12.4 All information you have published and/or will publish on the EasyAR Open Platform in any way shall in accordance with laws and rules including requirements of the website and socially acceptable morals and practices, without infringing any third party’s legal rights. In case of any breach of this Section 12.4, you shall take all responsibilities and pay VisionStar damages arising therefrom.
- 12.5 In case of your breach of any part of this Section 12, the EasyAR Open Platform shall be entitled to directly take all necessary actions against you, including without limitation removing your published information, withdrawing all your ratings, awards and virtual wealth on the website, suspending or closing your account number, withdrawing all illegal interests, filing a lawsuit, etc.
13. Term and Termination
- 13.1 The effective date of this Agreement shall be the earlier one of the dates of VisionStar’s delivery of the SDK/API to you and of your downloading the SDK/API. This Agreement shall terminate in the events, including without limitation, that VisionStar unilaterally terminates it due to your breach of this Agreement, that you stops using the SDK/API, that VisionStar unilaterally terminates the Service, or that VisionStar cancels your access to the SDK/API.
- 13.2 All your licenses and other related rights shall terminate immediately when this Agreement terminates.
14. Amendment of this Agreement
VisionStar can change at its own discretion and at any time this Agreement, the Service and any part of the EasyAR Open Platform and publish such change at http://www.easyar.com or http://www.easyar.cn . If you continue using the Service, it means that you agree to and will strictly comply with the change by VisionStar. If you disagree with such change, you shall stop using the Service and the SDK/API immediately.
15. Dispute Resolution
- 15.1 The establishment, validity, performance and interpretation of and resolution of disputes arising from this Agreement shall be governed by laws of the People’s Republic of China (not including Hong Kong, Macao and Taiwan).
- 15.2 Any dispute arising from the performance of this Agreement shall first be resolved through amicable negotiation. If the amicable negotiation is unsuccessful, the Parties agree to file the dispute with the court at the place of VisionStar (the People’s Court of Pudong New Area, Shanghai). The losing party shall pay all reasonable costs and expenses incurred by the winning party for settlement of the dispute, including without limitation, legal, appraisal, preservation, notary, file consultation, lawyer, travel, investigation and evidence collection fees.
16. Complaints and Advice
- 16.1 If you have any problem about or need any advice on using the SDK/API, email us (at email@example.com) and VisionStar will assign a staff member to deal with it.
- 16.2 If you want to make a complain about another person’s use of the firstname.lastname@example.org, send an email to email@example.com and VisionStar will assign a staff member to deal with it.
- 16.3 If you have any suggestion or advice on this Agreement, the Service or the EasyAR Open Platform, send an email to firstname.lastname@example.org and VisionStar will assign a staff member to deal with it.
17. Effect of this Agreement
This Agreement has two published versions, one in Chinese and the other in English, with the same legal effect and force. If any provision of the Chinese version conflicts with that of the English version, the Chinese version shall prevail.
This Agreement was published and took effect on 29th May 2017. VisionStar has the right of final interpretation of this Agreement.
VisionStar Information Technology (Shanghai) Co. Ltd.