SDK User Service Agreement
The SDK services in this agreement is developed, released 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 SDK User Service Agreement and other related agreements and rules (hereinafter referred to as “this Agreement”) before starting to use the SDK toolkits and related cloud services (hereinafter referred to as “Services” or “the SDK 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 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 The SDK toolkits means the online (network) or offline development kits and other related programs and documents provided to users by VisionStar through the EasyAR Open Platform or other platforms. Users can load the SDK toolkit to use on the EasyAR Open Platform or other platforms, or use it locally (hereinafter referred to as “the SDK toolkits”)
- 1.2 "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.
- 1.3 User means registered user of EasyAR Open Platform, also including users who develop and produce content based on the SDK services, who may be a natural person, company, social group, etc. (hereinafter referred to as “you” or “user”).
- 1.4 This Agreement means the SDK User Service Agreement and other laws, rules, regulations, policies, guidelines, practices and VisionStar’s bylaws connected herewith.
- 1.5 User Rights means the user’s right to use SDK services 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.
- 1.6 The SDK services are divided into personal edition and professional edition/ enterprise edition. The specific function introduction and charging standards are subject to the release on the official platform of VisionStar. Users can choose according to their needs.
- 1.7 VisionStar only provides users with a service platform for uploading space and technology ,which means VisionStar only provides SDK development toolkits and network space storage services. Except for making AR content examples for the purpose of demonstrating the SDK development toolkits, it will not upload or manufacture AR development content by ourselves or assist customers in any way or purpose.
2. Licensing and Reserved Rights
- 2.1 You are authorized to use the SDK services 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 the SDK services under the non-exclusive license granted hereunder.
- 2.2 After your request for the SDK services are 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 VisionStar may provide you with an application identification key (hereinafter referred to as " the SDK services Key") necessary for you to use the SDK services. You should ensure that your use of the SDK services Key is legal. Such SDK services Key can be used on different platforms or versions. VisionStar may give more than one SDK services Key to each account for different versions or platforms.
- 2.4 You are entitled to assign in whole AR content by your development and manufacture based on the SDK services, but cannot engage in any illegal deal for your account or the SDK services Key provided by VisionStar by violating VisionStar Rules or outside AR content developed by your development and manufacture based on the SDK services.
- 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 the SDK services 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, private information 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 removing infringing content, closing the account, stopping the service and taking back the SDK services Key .
- 3.2 Service Fee: Currently, VisionStar provides the SDK services for personal, professional and enterprise editions. VisionStar has the right to launch new services, or to update or upgrade existing services, or to change the way services are provided, as appropriate. You can choose one or more services from the available options. If you choose the SDK professional / enterprise services, you should pay the service fee to VisionStar as per the service charge of the SDK professional / enterprise services. For using a new service available by VisionStar, you should pay to VisionStar as per the new service charge.
- 3.3 Differences among the SDK personal, professional and enterprise services: VisionStar clearly separates the SDK personal, professional and enterprise services and appropriate marks them for your identification. If you subscribe to the SDK (personal edition) service, VisionStar will not charge any service fees, but it will limit your use, including without limitation: automatically adding watermarks, limiting the number of calls to no more than 100 per day; If you have purchased the professional edition service / enterprise edition service, you can enjoy other value-added services for free. The value-added service content is subject to the introduction of the official platform. 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.
- 3.4 The SDK (personal edition) service will automatically add a watermark, and the content of the watermark contains the name, trademark, LOGO, or other identification of VisionStar.
- 3.5 When you use the SDK professional edition / enterprise edition services, you should renew your payment in time. VisionStar will remind you one month before the service expires or from time to time . The SDK professional edition / enterprise edition services that is overdue will be automatically downgraded to SDK (personal edition) service. The content of your manufacture (including completed and unfinished) will be kept and will not be deleted,, but watermark will be added automatically.
4. Ownership and Intellectual Property Rights
- 4.1 When using the SDK services under this Agreement, you have full rights to AR content developed and manufactured by you based on the SDK services. You may publicize, publish, assign, license and authorize others to use AR content developed by you based on the SDK services, 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 the services 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 the SDK services (including without limitation programs and apps published on EasyAR Open Platform);
- 4.2.2 register to use or use EasyAR Open Platform or the SDK services 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 the SDK services;
- 4.2.4 use the SDK services by violating rules published by VisionStar;
- 4.2.5 use the SDK services Key without VisionStar’s authorization;
- 4.2.6 obtain from an illegal source or engage in an illegal deal for the SDK services Key or EasyAR Open Platform account;
- 4.2.7 disclose to a third party or make available to the public or otherwise steal or use any information of the SDK services that has not been made available to the public;
- 4.2.8 shall not take illegal possession of any content that is available and shall be owned by VisionStar (including without limitation cloud identification, AR content, software system, videos and pictures);
- 4.2.9 shall not do anything that may cause confusion to the source of a service provided by VisionStar, which means doing anything that may cause the relevant public to confuse a service provided by VisionStar 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 VisionStar 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 SDK services or other services in 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 the SDK services, AR content developed by you based on the SDK services 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 by strictly abiding the relevant laws and regulations
- 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, Spatial map data ,cloud identification library use data). VisionStar undertakes that it does and will not have any data not connected with the SDK services. 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 by strictly abiding the relevant laws and regulations 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 the SDK services 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 the SDK services, including without limitation completeness, accuracy, non-infringement, marketability, design, manipulation and usage of the SDK services. 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 the SDK services meets all your needs or there is no interruption or fault in the operation of the SDK services or VisionStar will correct all defects and Bug of the SDK services in a prompt manner.
- 9.3 VisionStar will accept no responsibility for any loss arising from your use of the SDKservices 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 the SDK services 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 the SDK services or VisionStar Marks, or (vii) your loss for a reason that is not attributable to VisionStar.
- 9.4 When providing SDK services, VisionStar only provides users with SDK development toolkits and network space storage services. Except for making AR content examples for the demonstration of SDK development toolkits and its release on the EasyAR Open Platform, VisionStar will not manufacture the AR content for any purpose and release it on the EasyAR Open Platform. The AR content published on the EasyAR Open Platform is manufactured and uploaded by users themselves. VisionStar have no right to review, modify, promote and take any interventions on AR content uploaded by users. VisionStar will not be responsible for any losses caused by the AR content uploaded by users to any third party
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 the SDK services, 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 the SDK services, VisionStar cannot guarantee any SDK services, paid or free of charge, applies to all technical areas. You should be solely responsible for evaluating risks in your use of the SDK services. VisionStar will accept no responsibility for the consequences of your use of the SDK services.
- 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 the SDK services more carefully. VisionStar will accept no responsibility for the consequences of your use of the SDK services in such High-Risk Activities.
12. Liquidated Damages
- 12.1 You understand and agree that VisionStar will accept no responsibility for any use of the SDK services 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 services 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 the SDK services or VisionStar Marks.
13. Compliance with Laws
13.1 In no event can you use the SDK services to undermine national security, disclose state secrets, damage state, group or third party rights or public interests or use the SDK services 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 the SDK services to do anything illegal such as money laundering and stealing trade secrets or personal information.
- （4）You shall not interrupt the normal operation of Platform or hack into 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 SDK services Key or 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 ,patents and trade secrets 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 delete suspected illegal / infringing content，suspending or closing your account, taking back the SDK services Key . You shall take legal responsibility for your statements and behavior connected with Platform provided by VisionStar .
- 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 Platform provided by VisionStar 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, VisionStar shall be entitled to take all necessary actions to stop illegal acts, 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 the SDK toolkits to you and when you Download Sense toolkits. 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 SDK services, VisionStar unilateral termination of the services or VisionStar takes back your right to use SDK services.
- 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 SDK toolkits 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 .
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 the SDK services, 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 have any suggestion or advice on this Agreement, the services or the SDK Toolkits, 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 want to make a complaint about other user’s act of using the SDK services, 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 personal edition shall comply with
- 19.2 Users of the professional edition shall comply with
This Agreement was published and took effect on 30/12/2019. VisionStar has the right of final interpretation of this Agreement.
VisionStar Information Technology (Shanghai) Co. Ltd.