EasyAR Open Platform Service Agreement
This EasyAR Open Platform is established, operated and continuously updated and maintained by VisionStar Information Technology (Shanghai) Co., Ltd. (hereinafter referred to as “VisionStar”). Any user shall carefully read, understand and agree to abide by the EasyAR Open Platform Service Agreement and other related agreements and rules (hereinafter referred to as “this Agreement”) before starting to use EasyAR SDK published by EasyAR Open Platform and related cloud services (hereinafter referred to as “Services”). Users shall carefully read and fully understand all terms and conditions, especially the disclaimer or limits of liability and other separate agreements to activate or use a particular service. No user can use the Services provided by EasyAR Open Platform unless having read and accepted all clauses in this Agreement. The user’s registration as a user or use of the Services shall mean the user has carefully read and accepted and is bound by this Agreement. In case of the user’s breach of this Agreement, VisionStar shall be entitled to unilaterally stop or end the provision of the Services at any time and pursue legal responsibility against the user according to how serious the user’s breach is.
- 1.1 "EasyAR Open Platform" means an app development platform owned by VisionStar (hereinafter referred to “EasyAR Open Platform”) that is used on websites such as http://www.easyar.com and/or http://www.easyar.cn to provide third-party developers with data, words, code library, tools, software, development kit, files, apps and other materials and that allows third-party developers to develop AR related app services by using EasyAR Open Platform.
- 1.2 User means registered user of EasyAR Open Platform, also including users of the content based on EasyAR Open Platform, who may be a natural person, company, social group, etc. (hereinafter referred to as “you” or “user”).
- 1.3 This Agreement means EasyAR Open Platform Service Agreement and other laws, rules, regulations, policies, guidelines, practices and VisionStar’s bylaws connected herewith.
- 1.4 EasyAR Open Platform Services mean the process in which VisionStar provides users with online (network) services, offline SDK/API and other related programs, files, etc. through EasyAR Open Platform or other platforms.
- 1.5 User Rights means the user’s right to use EasyAR Open Platform to: make and publish AR content on his/her own or for other person or license other person to use and publish such AR content.
2. Licensing and Reserved Rights
- 2.1 You are authorized to use the SDK/API through computer (PC), PAD, mobile phone, other smart devices or web-based app (hereinafter referred to as “APP”), provided that you completely accept and abide by this Agreement. Besides, your acceptance of and compliance with this Agreement means you can use EasyAR Open Platform under the non-exclusive license granted hereunder.
- 2.2 You can choose which EasyAR Open Platform Service to receive. After your request for the SDK/API is approved, you will obtain a unique account number and password from VisionStar. You should keep your account number and password carefully. If your account number is wrong or stolen, you should promptly request VisionStar to deal with it. All actions done by using your account number shall be seen as your personal or authorized actions, for which you shall take full responsibility.
- 2.3 EasyAR Open Platform may provide you with an application identification key (hereinafter referred to as "EasyAR Open Platform Key") necessary for you to use EasyAR Open Platform. You should ensure that your use of EasyAR Open Platform Key is legal. Such EasyAR Open Platform Key can be used on different platforms or versions. VisionStar may give more than one SDK/API Key to each account for different versions or platforms.
- 2.4 You are entitled to assign in whole AR content developed by you based on EasyAR Open Platform, but cannot engage in any illegal deal for your account or EasyAR Open Platform Key provided by VisionStar by violating EasyAR Open Platform Rules or outside AR content developed by you based on EasyAR Open Platform.
- 2.5 All rights herein shall be expressly granted under this Agreement. VisionStar reserves and you are not entitled to any rights that are not expressly granted hereunder.
- 3.1 Legal Use of the Services: No use of EasyAR Open Platform shall infringe others’ intellectual property or other legal rights, including without limitation VisionStar or a third party copyrights, trademarks, patents, trade secrets, logos, marks, business names, brands, abbreviated business names, product names and other legal rights. You should ensure that any material and content generated in the course of your use of EasyAR Open Platform or acts connected with creation, reproduction, downloading, modification, publishing and distribution of such material or content are in compliance with laws and VisionStar’s published bylaws. In case of a breach of this Section 3.1, VisionStar shall be entitled to take an action as punishment directly or upon a third party’s request, such as closing the account, stopping the service and taking back EasyAR Open Platform marks.
- 3.2 Service Fee: There are currently different types and versions of services on EasyAR Open Platform. VisionStar will launch new services or updates or upgrade existing services from time to time. You can choose one or more services from the available options. If you choose a paid service, you should pay the service fee to VisionStar as per the service charge published on EasyAR Open Platform. For using a new service available on EasyAR Open Platform you should pay to VisionStar as per the new service charge.
- 3.3 Differences between Paid and Free Services: VisionStar clearly separates paid services and free ones and appropriate marks them for your identification. When deciding which service to use, you should get yourself well acquainted with the type and payment terms of the service and choose it after careful consideration.
4. Ownership and Intellectual Property Rights
- 4.1 When using EasyAR Open Platform under this Agreement, you have full rights to AR content developed by you based on EasyAR Open Platform. You may publicize, publish, assign, license and authorize others to use AR content developed by you based on EasyAR Open Platform, provided, however, that you shall not infringe VisionStar or third party rights when exercising your rights to AR content.
4.2 Except for rights set out in Section 4.1 above, all rights including ownership and intellectual property rights in EasyAR Open Platform shall be owned by VisionStar. Without prior written consent of VisionStar, you shall not:
- 4.2.1 reproduce, publish, lease, sell, assign, allocate, sublicense, divide, reverse engineer or decompile, modify or change part or all of EasyAR Open Platform (including without limitation programs and apps such as SDK, cloud identification, published on EasyAR Open Platform);
- 4.2.2 register to use or use EasyAR Open Platform in a false name or a third party’s name;
- 4.2.3 file or allow others to file an intellectual property application based on all or part of EasyAR Open Platform;
- 4.2.4 use EasyAR Open Platform by violating rules published on EasyAR Open Platform;
- 4.2.5 use EasyAR Open Platform Key without VisionStar’s authorization;
- 4.2.6 obtain from an illegal source or engage in an illegal deal for EasyAR Open Platform Key or account;
- 4.2.7 disclose to a third party or make available to the public or otherwise steal or use any information on EasyAR Open Platform that has not been made available to the public;
- 4.2.8 take illegal possession of any content that is available on EasyAR Open Platform and shall be owned by VisionStar or EasyAR Open Platform (including without limitation SDK, cloud identification, AR content, software system, videos and pictures);
- 4.2.9 do anything that may cause confusion to the source of a service published on EasyAR Open Platform, which means doing anything that may cause the relevant public to confuse a service provided by EasyAR Open Platform with a service provided by you or a third party;
- 4.2.10 do anything that may cause damage to VisionStar.
5. Brand and Reputation
- 5.1 You undertake that when using the services hereunder, you shall actively protect VisionStar’s brands without doing anything that may harm VisionStar’s brands or corporate reputation.
- 5.2 You undertake that without prior written consent of VisionStar you shall not remove, conceal, destroy, modify, debase, distort or change any mark, sign, logo, business name, brand, product name and abbreviated business name of VisionStar or word, icon or mark connected with VisionStar (hereinafter referred to “VisionStar Marks”). Without prior written consent of VisionStar, you shall not use VisionStar Marks outside the license granted under this Agreement. If you need to use VisionStar Marks when using a service hereunder, you shall explicitly state that such marks belong to VisionStar. You shall not state explicitly or implicitly or in a way that can confusingly cause other people to believe that you have an agency, collaboration, affiliation or similar relationship with VisionStar.
- 5.3 You fully understand and agree that the services provided by EasyAR Open Platform could visibly contain copyright notice, trademarks, service marks, logos, business names, corporate names, domain names and other marks and you shall not remove, hide, change or replace such information or marks.
6. Support and Upgrading
- 6.1 Despite the fact that VisionStar tries to provide best technical support to its users and has signed this Agreement with you, VisionStar does not warrant or undertake that you can obtain any tested, upgraded or customized EasyAR Open Platform, unless otherwise set out in a separate written agreement between you and VisionStar.
- 6.2 VisionStar may send you a 30-day prior written notice of the termination date of this Agreement and an alternative post-termination plan.
7. Date Security
- 7.1 All or any part of data generated from your use of EasyAR Open Platform, AR content developed by you based on EasyAR Open Platform and products connected with EasyAR Open Platform, including without limitation data submitted by you to EasyAR Open Platform, data produced by your use or manipulation and all kinds of interactive data collectively called “Platform Data”.
- 7.2 Ownership and other rights connected with Platform Data defined in Section 7.1 above shall be owned by VisionStar as VisionStar’s trade secrets, not including rights that you have as explicitly stated by applicable laws.
- 7.3 VisionStar undertakes to treat Platform Data in strict confidence.
- 8.1 Summery
- 8.1.1 VisionStar attaches great importance to protection of user information and will take appropriate measures to protect your privacy. You agree (and should obtain prior consent of your users) and authorize EasyAR Open Platform to obtain information and data necessary for providing the services (for example, SDK use data, cloud identification library use data). VisionStar undertakes that it does and will not have any data not connected with EasyAR Open Platform. VisionStar will use information and data obtained from you to improve its services, give you better user experience and meet your needs.
- 8.1.2 VisionStar will treat such information with great care and diligence and will not make it known to the public or disclose it to a third party.
- 8.1.3 You should be solely responsible for dealing with, take all legal responsibility for and hold VisionStar harmless from disputes with your direct users such as complaints, claims and action arising from apps such as user data, images information. You should indemnify VisionStar against and hold VisionStar harmless from damages that VisionStar is severally or jointly liable for to any person including your users based on a government order, judgment, etc.
- 8.2 Information Disclosure
- VisionStar may disclose your information in the event that (a) VisionStar obtains your authorization in advance; (b) you use the sharing function; (c) a law, rule, legal process or regulatory authority requires such disclosure; (d) it should be disclosed for academic study or public interests; (e) it should be disclosed to protect VisionStar legal rights, for example, looking into, preventing, dealing with a fraud or safety issue; (f) such disclosure accords with relevant service or user agreement; (g) VisionStar shares your information with others in a summarized and/or anonymous form that cannot be reasonably used to recognize your identity.
- 8.3 Information Protection
- VisionStar attaches great importance to information security and will treat information in strict confidence to protect information security and try to protect your information from being visited, used or disclosed by unauthorized persons. VisionStar and you shall be jointly responsible for keeping the services hereunder safe and in normal use. VisionStar will take appropriate safety measures and technical means for the services hereunder. You fully understand and agree (and cause your users fully understand and agree) that VisionStar cannot guarantee the foregoing.
- 9.1 You understand and agree that due to the uncertainty and instability of computer and internet technology, the current version of EasyAR Open Platform may contain unforeseeable technical defects or Bug, for which VisionStar gives no guarantee, assurance or warranty.
- 9.2 VisionStar hereby excludes all explicit, implicit, verbal and written forms of guarantee about EasyAR Open Platform, including without limitation completeness, accuracy, non-infringement, marketability, design, manipulation and usage of EasyAR Open Platform. None of VisionStar and its agents and employees can amend or cancel in writing or verbally guarantee and exclusivity clauses explicitly stated in this Agreement. Unless otherwise explicitly specified, VisionStar does not undertake that EasyAR Open Platform meets all your needs or there is no interruption or fault in the operation of EasyAR Open Platform or VisionStar will correct all defects and Bug of EasyAR Open Platform in a prompt manner.
- 9.3 VisionStar will accept no responsibility for any loss arising from your use of EasyAR Open Platform or VisionStar Marks, including without limitation losses arising from (i) any VisionStar-unauthorized change, misuse or harm of EasyAR Open Platform, (ii) your failure to properly use a fault correction provided by VisionStar, (iii) your failure to use EasyAR Open Platform under technical documents of VisionStar or under this Agreement, (iv) any computer virus, hacker, etc., (v) your or a third party’s computer, device, network or software failure or losses caused due to your or a user’s fault, (vi) any dispute arising from use of EasyAR Open Platform or VisionStar Marks, or (vii) your loss for a reason that is not attributable to VisionStar.
10. Liability Limit
- 10.1 In no event shall VisionStar be held liable for any of your losses, including without limitation data or personal or business information loss or damage, loss of profits or a business opportunity or software or hardware damage, property loss and any other special, incidental, direct or indirect loss arising from use of EasyAR Open Platform, whether or not you are advised beforehand of the possible occurrence of such loss or damage. Even if VisionStar knows or should know the possible occurrence of such loss or damage, this liability limit clause shall still apply.
- 10.2 You understand and completely agree that in any event the total liability of VisionStar for your losses shall be limited to one thousand (1,000) RMB. VisionStar shall not be liable for the part of your losses that exceeds one thousand RMB, notwithstanding laws. Your signing this Agreement and registering to use EasyAR Open Platform or the services means you have known and understood this Section 10 and waived your right to claim damages against VisionStar.
11. Exclusion of High-Risk Activities
- 11.1 Due to limitations of scientific research and the reliability and applicability of VisionStar’s design of EasyAR Open Platform, VisionStar cannot guarantee any EasyAR Open Platform service, paid or free of charge, applies to all technical areas. You should be solely responsible for evaluating risks in your use of EasyAR Open Platform. VisionStar will accept no responsibility for the consequences of your use of EasyAR Open Platform.
- 11.2 In case of a use in a technical area that requires very high safety and stability, including without limitation 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. (collectively called “High Risk Activities”), you should evaluate risks of using EasyAR Open Platform more carefully. VisionStar will accept no responsibility for the consequences of your use of EasyAR Open Platform in such High-Risk Activities.
12. Liquidated Damages
- 12.1 You understand and agree that VisionStar will accept no responsibility for any use of EasyAR Open Platform 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 EasyAR Open Platform or VisionStar Marks, and costs and expenses arising therefrom (including without limitation lawyer, legal, preservation, investigation and evidence collection fees and travel expenses).
- 12.2 VisionStar is entitled to claim against you damages arising from loss caused to or a claim made by other person against VisionStar in connection with your use of EasyAR Open Platform or VisionStar Marks.
13. Compliance with Laws
13.1 In no event can you use EasyAR Open Platform to undermine national security, disclose state secrets, damage state, group or third party rights or public interests or use EasyAR Open Platform to produce, copy or transmit any information 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, encourage people to subvert the government or the socialist system, split the country or disrupt the national unity, arouse feelings of hatred or discrimination or disturb national harmony.
- (2) Outbound transmission of information from mainland China shall be subject to relevant Chinese laws.
- (3) You shall not use EasyAR Open Platform to do anything illegal such as money laundering and stealing trade secrets or personal information.
- (4) You shall not interrupt the normal operation of EasyAR Open Platform or hack into EasyAR Open Platform or the state computer information system.
- (5) You shall not transmit or publish any information containing illegal, harassing, slandering, insulting, threatening, hurting, vulgar, obscene or impolite words or expressions.
- (6) You shall not transmit or publish any information or statement that could harm state, social or public interests or involves national security.
- (7) You shall not abet other people in doing anything that is prohibited by this Section 13.
- (8) You shall not use any registered account of EasyAR Open Platform to do illegal profit activities.
- (9) You shall not publish any content that could infringe others’ intellectual property rights such as copyrights, trademarks and patents or other legal rights.
You shall keep informed of and comply with all rules and systems as published or amended by VisionStar from time to time. VisionStar reserves the right to remove any information that is against a law or policy or untrue without sending you a notice. In case of your breach of the foregoing, VisionStar is entitled to take actions based on its own judgment, such as suspending or closing your account. You shall take legal responsibility for your statements and behavior connected with EasyAR Open Platform.
- 13.2 You shall not obtain a registered account number of EasyAR Open Platform in bad faith, including without limitation holding a number of registered accounts in order to make profits, speculate, cash out, win a prize, etc. You shall not misappropriate other users’ account numbers.
- 13.3 You shall publish information on EasyAR Open Platform in accordance with laws and rules, including website related rules and public policy and customs, without infringing any third party rights. You shall be solely responsible for and VisionStar is entitled to claim against you damages arising from your breach of this Section 13.3.
- 13.4 In case of your breach of the foregoing,EasyAR Open Platform shall be entitled to take all necessary actions against you, including without limitation removing your published information, canceling all your ratings, awards and virtual wealth obtained from the website, suspending or closing your account number, withdrawing your illegal profits and bringing an action against you.
14. Term and Termination
- 14.1 The effective date of this Agreement shall be the earlier one of the dates when VisionStar delivers EasyAR Open Platform to you and when you download EasyAR Open Platform. The events in which this Agreement shall terminate include without limitation VisionStar’s unilateral termination of this Agreement for your breach of this Agreement, your decision to stop using EasyAR Open Platform, VisionStar unilateral termination of the services or VisionStar’s withdrawal of your access to EasyAR Open Platform.
- 14.2 All your licenses and other related rights shall terminate immediately when this Agreement terminates.
15. Modification of this Agreement
- VisionStar can decide at its own discretion to change this Agreement, the services and any part of EasyAR Open Platform at any time and publish such change at http://www.easyar.com or http://www.easyar.cn . If you continue using the Service, you accept and strictly comply with any change made by VisionStar. If you disagree with such change, you shall immediately stop using the services and EasyAR Open Platform.
16. Dispute Resolution
- 16.1 The establishment, validity, performance, interpretation and dispute resolution of this Agreement shall be governed by laws of the People’s Republic of China (not including Hong Kong, Macao and Taiwan).
- 16.2 Any dispute between you and VisionStar arising from the performance of this Agreement shall be resolved through amicable negotiation. If the amicable negotiation is unsuccessful, the Parties agree to refer the dispute to 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 resolving the dispute, including without limitation, legal, appraisal, preservation, notarization, file consultation, lawyer, investigation and evidence collection fees and travel expenses.
17. Complaints and Suggestions
- 17.1 If you have any question or suggestion about using EasyAR Platform, you can email us (to the email address email@example.com) at any time and VisionStar will designate a staff member to deal with it.
- 17.2 If you want to make a complaint about other user’s act of using EasyAR Open Platform, you can send an email to firstname.lastname@example.org and VisionStar will designate a staff member to deal with it.
- 17.3 If you have any suggestion or advice on this Agreement, the services or EasyAR Open Platform, you can send an email to email@example.com and VisionStar will designate a staff member to deal with it.
18. Validity of this Agreement
This Agreement is published in both Chinese and English with the same legal force.
- 19.1 Users of the free version shall comply with
- 19.2 Users of the paid version shall comply with
This Agreement was published and took effect on 26/04/2018. VisionStar has the right of final interpretation of this Agreement.
VisionStar Information Technology (Shanghai) Co. Ltd.