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Service Agreement

Effective Date: September 30, 2021

Welcome to use Visual Dynamics' SaaS integrated services in the photovoltaic power generation field.

Before you complete the registration or use any products and services of Visual Dynamics (Beijing) Technology Co., Ltd. (hereinafter referred to as "Visual Dynamics") in any way, please make sure to carefully read and fully understand this website's service agreement, especially the clauses that exempt or limit liability, legal applicability, and dispute resolution clauses. Your registration, login, and use of services will be regarded as your acknowledgment and acceptance of all the terms in this agreement. Once you complete the "Agree to Terms and Register" or begin using the services in any other way, it indicates that you have read and agree to follow all the provisions of this agreement. This agreement applies to all products and services of Visual Dynamics.

Visual Dynamics has the right to update this "Service Agreement" and the corresponding service rules. Once the updated agreement terms are published, they will replace the original agreement terms, and no further notice will be given. You can log in to the website at any time to review the latest version of the agreement terms. If you continue to use this service after the content of this service agreement changes, it indicates that you have fully read, understood, and accepted the modified content and will comply with the modified terms. If you disagree with the revised service agreement, you should stop accessing the Visual Dynamics website and refuse to use the services, or delete your information and account on the Visual Dynamics website to terminate receiving services.

If you register, log in, and use Visual Dynamics and/or our other services on behalf of an organization rather than personally, you will be considered to have been fully authorized to represent that organization in agreeing to this service agreement and any revisions and supplements to the service agreement.

If you are under 18 years of age, please read this service agreement in the presence of your legal guardian.

I. Contracting Parties and Scope of Agreement

This service agreement is jointly concluded between you and Visual Dynamics (Beijing) Technology Co., Ltd. ("Visual Dynamics" or "we") regarding the use of Visual Dynamics' website services (including but not limited to website page information browsing, account registration, data and images, web app, downloads, API, and other services). This agreement is legally binding on both you and Visual Dynamics.

If you use or purchase a specific product or service on the website, you will still need to confirm the service agreement corresponding to that specific service. Please read and fully understand the terms of this agreement. The terms of the agreement you sign with Visual Dynamics do not fully list and cover all of your rights and obligations with Visual Dynamics. Visual Dynamics' "Privacy Statement" serves as a supplementary agreement to this agreement and is inseparable from it, having the same legal effect. If you use Visual Dynamics' services, it is considered that you agree to our "Privacy Statement."

II. Account Registration, Use, and Security

You confirm that when you begin the registration process or use Visual Dynamics' services in any other permitted way, you should possess the full civil rights and full civil capacity as stipulated by the laws of the People's Republic of China. If you do not possess the aforementioned civil capacity, you and your guardian shall bear all consequences arising therefrom according to the law.

Once you fill in the information as prompted on the registration page, read and agree to this service agreement, and complete the entire registration process, you will receive a Visual Dynamics account and become our user.

The ownership of the Visual Dynamics account belongs to Visual Dynamics. After completing the registration process, you obtain the right to use the Visual Dynamics account.

During registration, you have the right to choose a legal combination of characters as your account name ("Account Name") and set your password, which will become your account (the account name and password together are referred to as the "Account") after successful registration. The account name and password you set are your credentials for logging into and using the "Visual Dynamics" website, software, and related services.

You should provide and promptly update your account information accurately as required by laws and regulations or as prompted on the relevant pages, ensuring it is true, timely, complete, and accurate. If the information you provide is incorrect, false, outdated, or incomplete, Visual Dynamics may issue an inquiry and/or request correction. You should cooperate with Visual Dynamics' request to provide or update the relevant information.

The right to use the Visual Dynamics account belongs only to the initial registrant, and it is prohibited to gift, lend, rent, transfer, or sell the account. If Visual Dynamics discovers that the user is not the initial registrant of the account, Visual Dynamics has the right to recover the account without prior notice and without bearing any legal responsibility to the user. Any losses, including but not limited to interruption of communication, deletion of user data, etc., resulting from this will be borne by the user. Visual Dynamics prohibits users from transferring accounts privately, whether for compensation or not, to avoid disputes arising from account issues. Users must bear any losses resulting from violating this requirement, and Visual Dynamics reserves the right to pursue legal responsibility for such actions.

Your account and password are set and kept by you, and you must keep your Visual Dynamics account and password confidential, not disclosing them to others under any circumstances. You must ensure that you log off the website properly at the end of each online session. Visual Dynamics does not bear any responsibility for losses or consequences resulting from your voluntary disclosure of account information or from attacks, fraud, etc., by others. You should seek redress from the infringing party through judicial, administrative, or other legal remedies. You bear full legal responsibility for any activities conducted under your registered account name, including but not limited to any data modifications, public statements, payments, and other operations on the "Visual Dynamics" website, software, and related services that may lead to legal liabilities.

If you discover that someone else is using your Visual Dynamics account and password without authorization, you should immediately notify Visual Dynamics. Visual Dynamics will assist you in freezing the account, changing the password, or taking other security measures. You understand that Visual Dynamics requires a reasonable amount of time to take action based on your request, and Visual Dynamics does not bear any responsibility for consequences (including but not limited to any losses) that arise before taking action, or those caused by your own actions.

To better use Visual Dynamics' services and ensure the security of your account, Visual Dynamics may require you to complete real-name authentication as per relevant laws and regulations.

III. Account Freezing and Appeal

Your Visual Dynamics account (all or part of its permissions or functions) may be frozen in the following situations (e.g., if you report that your account has been stolen), and Visual Dynamics will notify you via email, internal message, SMS, or phone call:

  • Violating this service agreement, the relevant rules and regulations of the Visual Dynamics website (such as transaction rules, usage specifications, management guidelines), service instructions, or other service agreements/terms;

  • Violating national laws, regulations, policies, or legal documents;

  • If you are complained about by others and they have provided relevant evidence, and you fail to provide contrary evidence as required by us;

  • If the freezing is requested by the competent national authorities;

If your account is frozen, you may apply to Visual Dynamics for the removal of the freeze or account cancellation through the appeal procedure. For the security of your account, you should cooperate by providing your identification and related documents, as well as any other information or documents requested by Visual Dynamics, for verification. Visual Dynamics has the right to decide whether to accept your appeal request.

IV. Website Service Regulations

You have the right to enjoy the internet technology services and information services provided by Visual Dynamics through this website. You are also required to fulfill responsibilities such as timely payment and service management according to this service agreement and the relevant terms and conditions you confirm when purchasing specific services.

You declare and guarantee that you have the corresponding and legal rights to the information you publish. Otherwise, Visual Dynamics may delete or block the information you post in accordance with the law or this agreement. You should ensure that you do not send or spread sensitive information or information that violates national laws and regulations, including but not limited to the following:

  • Opposing the fundamental principles established by the Constitution;

  • Endangering national security, disclosing state secrets, subverting state power, or undermining national unity;

  • Damaging national honor and interests;

  • Inciting ethnic hatred, ethnic discrimination, or disrupting ethnic unity;

  • Disrupting national religious policies, promoting cults, or feudal superstitions;

  • Spreading rumors, disturbing social order, or undermining social stability;

  • Disseminating obscene, pornographic, gambling, violent, murderous, terrorist content, or inciting crime;

  • Insulting or defaming others, infringing on others' legitimate rights and interests;

  • Containing other content prohibited by laws and administrative regulations.

Additionally, you should not engage in any activities that harm or attempt to harm network security, including using technology or other means to disrupt or interfere with this website or the websites of other Visual Dynamics clients. If you violate the above guarantees, Visual Dynamics has the right to take measures such as deleting information, suspending services, or terminating services according to the relevant service agreements. Visual Dynamics also has the right to freeze or cancel some or all of your account functions. Users must bear legal responsibility for their actions online, and Visual Dynamics does not assume any responsibility.

V. Intellectual Property

Unless otherwise specified, the intellectual property rights of the content provided on the "Visual Dynamics" website, software, API, and related services (including but not limited to software, technology, algorithms, design plans, engineering designs, process flows, technical specifications, computer software, source code, databases, test results, blueprints, operation manuals, technical documents, web pages, text, data, images, charts, appearance designs, etc.) belong to Visual Dynamics. Without prior written permission from Visual Dynamics, you may not copy, replicate, or use any part of the code or appearance design in any way. Without written consent from Visual Dynamics, users may not implement, use, transfer, or permit any third party to implement, use, or transfer the above intellectual property for any profit-making or non-profit purposes. Visual Dynamics reserves the right to pursue legal action for any unauthorized actions.

We respect intellectual property. Unless we have obtained your consent, Visual Dynamics will not use, modify, copy, publicly disseminate, alter, distribute, issue, or publicly publish any results of intellectual property that you own.

Any organization or individual who believes that the content on the Visual Dynamics website may infringe on their legitimate rights may submit a written notice to Visual Dynamics. Visual Dynamics will process the matter in accordance with the law after receiving a valid notice from the intellectual property rights holder.

Unless otherwise stated, the Visual Dynamics website logo, "Visual Dynamics," "VisualDynamics," and other logos, marks, and names associated with Visual Dynamics services, as well as the text, graphics, and combinations thereof, icons, embellishments, charts, colors, interface design, layout framework, related data, printed materials, or electronic documents, are all intellectual property owned by Visual Dynamics and its affiliates. These intellectual property rights are protected by the Copyright Law of the People's Republic of China, the Trademark Law, the Patent Law, the Anti-Unfair Competition Law, relevant international treaties, and other intellectual property laws and regulations.

You should respect the intellectual property and other legal rights/interests of Visual Dynamics and third parties, and ensure that in the event of a violation of the aforementioned rights, you protect Visual Dynamics, its employees, shareholders, partners, etc., from being affected or suffering losses due to such incidents. Visual Dynamics reserves the right to terminate providing services to you without refunding any payments if you infringe upon the legal rights/interests of Visual Dynamics and/or other third parties.

VI. Privacy Statement

We take your privacy very seriously and are committed to protecting it. By using the services provided by Visual Dynamics, you agree to our lawful collection and use of technical or diagnostic information related to you and the services you use. For more details, please refer to Visual Dynamics' "Privacy Statement."

VII. Confidentiality

Visual Dynamics commits to taking confidentiality measures regarding the information you submit or become aware of when registering an account or using Visual Dynamics services, and will not disclose your information to third parties, unless:

(1) Visual Dynamics already legally owns such information before you submit it;

(2) Disclosure is allowed under this Service Agreement or other service agreements, contracts, or online terms between you and Visual Dynamics; (3) Disclosure is required by laws, regulations, or administrative or judicial authorities;

(4) The confidential information has been made public or can be obtained from public sources without violating the responsibilities outlined in this Service Agreement.

You acknowledge and agree that any information obtained by you during the use of Visual Dynamics products or services is considered confidential information ("Visual Dynamics Confidential Information"), including but not limited to information you receive from Visual Dynamics services, information about any products and services provided by Visual Dynamics, and your account username and password. You promise to Visual Dynamics that, without prior written consent from Visual Dynamics, you will not disclose, provide, or sell Visual Dynamics Confidential Information to any third party, unless:

(1) You lawfully owned such information before obtaining Visual Dynamics Confidential Information;

(2) Disclosure is allowed under this Service Agreement or other service agreements, contracts, or online terms between you and Visual Dynamics; (3) Disclosure is required by laws, regulations, or administrative or judicial authorities;

(4) The confidential information has been made public or can be obtained from public sources without violating the responsibilities outlined in this Service Agreement.

The confidentiality obligations under this Service Agreement take effect from the date you register your account and remain valid for two years after you deactivate your account. If you have signed a separate written agreement with Visual Dynamics regarding specific products or services, you must still comply with the confidentiality provisions in that written agreement.

VIII. User Breach and Handling

If any of the following situations occur, it will be considered a breach of contract by you:

(1) Violating relevant laws and regulations when using Visual Dynamics platform services;

(2) Violating the terms of this agreement or any supplementary agreements to this agreement.

To meet the user's demand for efficient and high-quality services, you understand and agree that Visual Dynamics may establish procedures and standards for determining breaches in the Visual Dynamics platform rules. For example, Visual Dynamics may determine whether you have breached the agreement based on the relationship between your user data and the vast amount of user data. You are obligated to provide sufficient evidence and reasonable explanations for any data anomalies; otherwise, it will be considered a breach.

Breach Handling Measures:

If the information you publish on the Visual Dynamics platform constitutes a breach, Visual Dynamics may immediately delete or block the corresponding information according to the relevant rules.

If your behavior on the Visual Dynamics platform, or any behavior not directly on the platform but affecting the platform and its users, constitutes a breach, Visual Dynamics may take actions such as freezing your account or suspending part or all of the services provided to you according to the relevant rules. If your behavior constitutes a fundamental breach, Visual Dynamics may seal your account and terminate the services provided to you.

IX. Scope of Responsibility and Liability Limitations

You understand and agree that you are responsible for any third-party claims arising from your use of the service, violation of this service agreement, or any actions taken under your account. If Visual Dynamics and its affiliates, employees, clients, or partners are subject to third-party claims as a result, you are responsible for handling and compensating Visual Dynamics and its affiliates for any losses and liabilities incurred.

To the extent permitted by applicable law, Visual Dynamics will not be liable for any indirect, punitive, special, or consequential losses arising from or related to this service agreement.

Visual Dynamics reminds you that while using its services, you must comply with the laws of the People's Republic of China. You must not jeopardize network security or use Visual Dynamics' services to infringe on others' reputation, privacy, intellectual property, or other legal rights. Visual Dynamics will not be liable for any illegal or breach of contract behavior resulting from your use of its services.

Users of Visual Dynamics are solely responsible for any information they upload, provide, or publish on the Visual Dynamics website, including but not limited to user names, company names, contact information, documents, patents, files, data, images, etc. Users must bear full legal responsibility for their actions, and Visual Dynamics assumes no legal responsibility or joint liability. If any losses are caused to Visual Dynamics or any third party, the user is responsible for full compensation. In no event will Visual Dynamics be liable for any direct or indirect losses arising from the use of its provided software, API, functional modules, or other services (including but not limited to loss of profits, data loss, decreased office efficiency, or loss of business opportunities)

X. Legal Responsibility and Disclaimer

License Utilization

  • License to use your computer: To benefit from the software provided, the user hereby grants Visual Dynamics permission to use the user's computer processor and bandwidth for the limited purpose of enabling communication between other Visual Dynamics software users and the user.

  • Protection of the user's computer (resources): The user acknowledges that Visual Dynamics will make commercially reasonable efforts to protect the privacy and integrity of the user's computer resources and communication, but the user agrees that Visual Dynamics cannot provide any guarantees in this regard. The software is interactive, and Visual Dynamics may, based on the user's software usage status and behavior, develop new services or adjust the software's functionality either independently or in cooperation with partners.

  • Right to modify or interrupt the software: Visual Dynamics reserves the right to modify or suspend the software license at any time without prior notice to the user, in order to safeguard the company's business development and adjustments. Any necessary modifications or interruptions will be announced on important pages of the Visual Dynamics website.

User's Liability for Breach

  • If the user violates this Service Agreement or related service terms, resulting in any third-party claims, demands, or losses (including reasonable attorney fees), the user agrees to compensate Visual Dynamics and its affiliates and partners, and indemnify them from any harm. Visual Dynamics has the right to take measures as outlined in Article 8 of this Service Agreement and other appropriate actions without prior notice to the user.

Risk of Using the Software

  • Use at your own risk: The user assumes all risks associated with using this software. Visual Dynamics and its partners make no representations or warranties regarding the software, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and the absence of viruses, negligence, or technical flaws. Visual Dynamics and its partners will not be liable for any direct, indirect, incidental, special, or consequential damages or risks arising from the use or inability to use the software.

  • Internet service risks: Since the software involves internet services, it may be affected by instability factors at various stages, such as force majeure, computer viruses, hacking attacks, system instability, user location, shutdowns, illegal content filtering, and other network, technical, communication, or information security issues. The user understands and assumes responsibility for these risks, including issues like being unable to send or receive messages or sending/receiving incorrect messages. Visual Dynamics and its partners are not responsible for any resulting damages.

  • Risks from third-party content: The software may expose users to risks from anonymous or impersonated messages containing threats, defamation, offensive, or illegal content. The user understands and assumes responsibility for these risks, and Visual Dynamics and its partners are not liable for the authenticity, applicability, or legality of any such content.

  • Third-party service disruptions: Visual Dynamics and its partners are not responsible for any losses caused by communication line failures, technical issues, network, computer malfunctions, system instability, or other force majeure events related to third parties, such as telecommunications departments.

  • Service disruptions due to technical failures: If technical failures or force majeure events affect the normal operation of services, Visual Dynamics and its partners will cooperate with relevant parties to promptly resolve and repair the issue. However, Visual Dynamics and its partners are not liable for any losses incurred by the user due to such disruptions.

  • User interactions: If users interact with other users via the software and suffer psychological, physical, or economic harm due to misguidance or deception, the responsible party shall bear all liability, and Visual Dynamics and its partners are not involved in any way.

XI. Force Majeure and Unforeseen Events

Visual Dynamics is not liable for any damages caused by the inability to operate the website due to the following force majeure or unforeseen events:

  • Natural disasters, strikes, riots, uprisings, wars, disturbances, shortages of production resources or materials, fires, floods, storms, explosions, government actions, judicial or administrative orders, or other force majeure factors.

  • Failures in public services such as power supply disruptions or communication network failures.

To the extent permitted by law, Visual Dynamics will not be liable for service interruptions or disruptions caused by:

  • Destruction from computer viruses, Trojans, or other malicious programs, or hacker attacks.

  • Failures in the user's or Visual Dynamics' computer software, systems, hardware, or communication lines.

  • User errors or improper operations.

  • Use of the service in ways not authorized by Visual Dynamics.

  • Other circumstances that are beyond the control or reasonable anticipation of Visual Dynamics.

XII. Governing Law and Jurisdiction

This "Service Agreement" is signed in Beijing. The interpretation, validity, and resolution of any disputes related to this "Service Agreement" are governed by the laws of the People's Republic of China. If any dispute or disagreement arises between the user and Visual Dynamics, both parties should first attempt to resolve it through friendly negotiation. If negotiation fails, the user fully agrees to submit the dispute or disagreement to the competent people's court in Beijing, where Visual Dynamics is located. The copyright of this "Service Agreement" belongs to Visual Dynamics, and Visual Dynamics reserves the right to interpret this agreement.

XIII. Notifications

When you register as a user of Visual Dynamics and accept its services, you should provide valid and accurate contact information (including your email address, phone number, and mailing address). If your contact information changes, you are obligated to update it promptly and ensure that you remain contactable.

You understand and agree that Visual Dynamics may send notifications to you through the contact information provided, including but not limited to written notices sent electronically, such as web announcements, emails sent to the provided email address, in-site messages, SMS sent to the provided phone number, phone calls, and system messages. These notifications will be considered delivered once successfully sent. Written notifications sent via paper will be considered delivered on the fifth calendar day after mailing to the provided contact address.

You must ensure that the contact information you provide is accurate and valid, and keep it updated in real time. If the provided contact information is inaccurate or if you fail to notify Visual Dynamics of any changes, resulting in the failure or delay of notifications, you will bear any legal consequences that may arise.

XIV. Termination of Agreement

This service agreement will terminate when your account is canceled or when both parties mutually agree to terminate the website services.

Visual Dynamics has the right to unilaterally interrupt or terminate the provision of services to the user without notifying the user in any of the following situations:

  1. The personal information provided by the user is false;

  2. The user violates the usage rules specified in this service agreement.

After the termination of this agreement, unless otherwise required by law, Visual Dynamics is not obligated to disclose any information in your account to you or any third party you designate. After the termination of this agreement, Visual Dynamics still has the right to retain various types of information about you on the Visual Dynamics platform, and Visual Dynamics can still hold you accountable for any past breaches of this agreement.

XV. Miscellaneous

If any provision of this service agreement is deemed void, invalid, or unenforceable, that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions of this service agreement.

Visual Dynamics has the right to transfer all or part of the rights and obligations of this service to its affiliated companies by publishing announcements on the Visual Dynamics official website, sending internal notifications, or email notifications.

The confidentiality clauses, intellectual property clauses, applicable law and jurisdiction clauses, and other provisions that should logically survive (such as the guarantee of the authenticity of registration information) under this service agreement shall remain in effect even after the termination of this agreement.

XVI. Contact Us

If you have any questions, comments, or concerns, feel free to contact us via email at support@visualdynamics.cn.

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