Tersus GNSS Tersus Cloud Service User Agreement
Tersus GNSS Tersus Cloud Service User Agreement(Chinese ver.)
Thank you for using Tersus GNSS Tersus Cloud Service! This agreement is a legally binding contract between Tersus GNSS and you regarding the use of Tersus Cloud. Please read all the terms and conditions listed in the agreement carefully. Click to confirm on the relevant page of Tersus Cloud, or confirm in other agreed ways, which means you have agreed to accept all of the terms of this Agreement. If you have any questions about the content of the terms of this Agreement, please contact Tersus GNSS Inc. If you do not agree to any of the terms and conditions of this agreement, please do not proceed with the subsequent operations.
1. Description of Service
1.1 Tersus GNSS (hereinafter referred to as 鈥淭ersus鈥? Cloud is a service that provides users of Tersus software with on cloud data storage, synchronization and management functions. The "service" in this agreement also includes technical support services and equipment support services related to Tersus Cloud service.1.2 When using Tersus Cloud service provided by Tersus GNSS, the users鈥?actions must comply with this Agreement. When Tersus GNSS finds that users violate this Agreement, Tersus GNSS has the right to make independent judgement and to require users to correct or directly take measures that Tersus GNSS deems necessary (including but not limited to changing or deleting the content uploaded by users, suspending or terminating use of Tersus Cloud, and/or publicizing illegal or violating this Agreement), to mitigate the impact of user misconduct.
2. Instruction of Use
2.1 Tersus Cloud service only provides related network services, and the cost of related equipment (such as personal computers, cell phones and other devices related to accessing the Internet or mobile network) and the costs required for related network services (such as telephone and Internet fees paid for accessing the Internet, cell phone fees paid for using the mobile network, etc.) shall be borne by the users.
2.2 The cost of Tersus Cloud service will be based on the instructions of Tersus GNSS or the announcement on the official website of Tersus GNSS at www.tersus-gnss.com. You are required to pay the corresponding service fees through the agreed payment means within the agreed payment period. Until you pay all the service fees as agreed, Tersus GNSS will reserve the right not to provide the cloud service and/or technical support services to you. The account of Tersus Cloud Sercice will probably have the capacity limit of usage, subject to the instructions published by Tersus GNSS or Tersus GNSS official website. If the user needs to use more than the capacity limit, a new agreement can be signed by both parties, and if there is any inconsistency between the new agreement and the content of the terms listed in this agreement, the new agreement shall prevail.
2.3 According to the user's use of Tersus Cloud service, Tersus GNSS will continuously improve the product experience, such as providing personalized services or improving the security of using the service. Users shall not abuse the Tersus Cloud service, and the account shall not be provided to a third party for use without permission. Tersus GNSS hereby solemnly draws your attention to the fact that the uploading and use of any content transmitted through Tersus Cloud, such as uploading, posting, emailing, etc. are the sole responsibility of the content provider and users. As a cloud storage platform, Tersus Cloud cannot control the content transmitted, nor can we fully control the users' behavior, so we cannot guarantee the legality, correctness, integrity, authenticity or quality of the content. The user is responsible for all legal liability and compensation for any damage caused to Tersus Cloud, users of Tersus Cloud, any partners of Tersus GNSS and any third party due to the dissemination of the user鈥檚 content.
3. Rights and Obligations of Users
3.1 Users guarantee that during the use of the Tersus Cloud, they shall not directly or indirectly:
3.1.1 Delete, conceal or change any patent, copyright, trademark and other proprietary notices displayed on or contained in the navigation of Tersus Cloud
3.1.2 Interfere or attempt to interfere in any way with the normal operation of any part or function of Tersus Cloud
3.1.3 Avoiding, attempting to avoid or claiming to be able to avoid any content protection mechanism or data storage capacity metering tool of Tersus Cloud
3.1.4 Display or otherwise provide any User Information to a non-original User without the prior consent of the original User
3.1.5 Requesting, collecting, soliciting, abusing or otherwise obtaining from any user access to an account, password or other authentication credentials for Tersus Cloud
3.1.6 Unauthorized impersonation or theft of access to Tersus Cloud; or allowing any other person to identify the user without the user's express consent.
3.2 The user promises that the content uploaded, published, transmitted or otherwise disseminated by the user using Tersus Cloud shall not contain any information that violates the national laws, regulations and policies, including but not limited to the following content information:
3.2.1 Political propaganda and/or news information that violates national regulations
3.2.2 Information involving state secrets and/or security
3.2.3 Information involving child sexual exploitation, illegal pornography, and/or other indecent information
3.2.4 Advocating discrimination or hatred against any individual or group of individuals on the basis of race, religion, ethnicity, gender, gender identity, sexual orientation, disability or impairment
3.2.5 Information that infringes on the intellectual property rights, privacy rights and other legitimate rights and interests of others and/or information that is detrimental to social order, public peace and public morality
3.2.6 Other information and content that violate laws, regulations, departmental regulations or national policies
3.3 Tersus Cloud guarantees to provide Tersus Cloud service and corresponding technical support in accordance with the agreement, to eliminate the failures caused by the user's non-human operation (expect for the failure due to your reasons and/or force majeure and the failure not within the control of Tersus Cloud), and to answer the questions during use. Tersus Cloud shall strictly observe the obligation of confidentiality.
4. Privacy Protection
When you use Tersus Cloud, you will be the owner of data such as your personal information, address book and the files and contents you upload in compliance with this Agreement. This Agreement does not grant Tersus any rights to your data, except for the limited rights necessary to provide the service. We need your permission to perform the operations you ask us to perform, such as hosting, backing up and sharing your data or troubleshooting.
Tersus Cloud will not disclose or provide user data to third parties unless:
(1) With the consent of the user
(2) In accordance with laws or regulations, or in response to the lawful request of administrative or judicial agencies
(3) In order to provide the software or services requested by you, and the third party must share your data
(4) In other cases where disclosure, editing or revealing personal data is required by law.
5. Intellectual Property Rights
5.1You shall ensure that the content uploaded and used in Tersus Cloud does not infringe the legal rights and interests of any third party. If a third party notifies us of copyright infringement, infringement of a third party rights or violation of the law, we will implement appropriate measures to eliminate repeated infringement under the appropriate conditions, and you shall bear the corresponding responsibility and make Tersus Cloud completely free from liability.
5.2 You are aware that the intellectual property rights of the services provided to you by Tersus Cloud service are owned by Tersus Cloud or third parties.
6. Service Termination
You can stop using our services at any time. You can cancel your account by using the Delete account function in Tersus Cloud. We have the right to suspend or terminate your use of Tersus Cloud under the following circumstances:
(1) Terminated by mutual consensus.
(2) You violate any of the terms in this agreement.
(3) You don鈥檛 have a Paid Account and haven鈥檛 accessed to our services for 12 consecutive months.
(4)The way you use Tersus Cloud has a real risk of causing damage or loss to us or to other users.
7. Disclaimer
7.1 In view of the special nature of network services, Tersus Cloud cannot guarantee data security and data restoration in case of failure. Users agree that Tersus Cloud has the right to change, interrupt or terminate some or all of the services at any time. If the changed, interrupted or terminated services are free services, Tersus Cloud is also not responsible for the user and any third party.
7.2 Users understand that Tersus Cloud does not guarantee (including but not limited to):
7.2.1 Tersus Cloud is suitable for all usage requirements of the user.
7.2.2 Tersus Cloud is uninterrupted, safe and reliable or error-free.
7.3 Tersus Cloud requires regular or irregular maintenance and function upgrade, and if this causes services to be interrupted within a reasonable period of time, Tersus Cloud is not responsible for this, but shall provide advance notice, and you can also consult our technical support.
8. Other
8.1 Tersus has the right to amend all the contents of this Agreement and product policies, and the right to interpret them within the scope of law.
8.2 This agreement will be effective once it is published, and Tersus has the right to modify the content of the agreement at any time, and the modified results will be published on the Tersus website. If you do not agree with the modifications made, you have the right to stop using Tersus Cloud. If the user continues to use, it is deemed that the user accepts the modifications.
8.3 The conclusion, implementation and interpretation of this Agreement and the settlement of disputes shall be governed by the laws of China and subject to the jurisdiction of the Chinese courts. If any dispute arises between the parties regarding the content of this Agreement or its implementation, the parties shall try to resolve it through friendly consultation; if consultation fails, either party may file a lawsuit in the court where Tersus GNSS is located.
