HuiLian Cloud Control Service Agreement (Revised)
Guangzhou Punp Computer Technology Co., Ltd. (hereinafter referred to as “Punp”) provides services to you under the following terms and conditions. Please read carefully and comply.
Welcome to read the Punp Terms of Service Agreement (the “Agreement”). The Agreement sets forth the terms and conditions that apply to your use of the tools and services for industrial and commercial equipment IoT control provided by the HuiLian Cloud Control China site (domain: hlyk-cloud.com, hereinafter the “Services”).
1. Acceptance of Terms
- The Agreement consists of the main text and all rules that HuiLian Cloud Control has issued or may issue in the future. All rules are an integral part of the Agreement and have the same legal effect as the main text.
- By accessing the HuiLian Cloud Control China site and using the Services in any way, you acknowledge that you have fully read, understood and agree to be bound by the Agreement (collectively, the “Terms”).
- Punp may revise the Terms at its discretion based on business needs and will update them by website announcement without separately notifying you. The revised Terms take effect once published on the HuiLian Cloud Control China site. If you do not agree with the revisions, you should immediately stop using the Services. If you continue using the Services, you will be deemed to have accepted the revised Terms. In the event of any dispute, the latest Terms shall prevail.
2. Registration
- Eligible Users
You confirm that when completing the registration process or otherwise using the Services allowed by Punp, you are a natural person, legal person or other organization with full civil rights capacity and corresponding capacity for civil conduct. If you do not have such qualifications, do not use the Services; otherwise, you and your guardian shall bear all consequences, and Punp has the right to cancel (permanently freeze) your account and seek compensation from you and your guardian. If you register on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind such entity to the Agreement.
- Account Types: All accounts on the HuiLian Cloud Control platform are strictly categorized by organization. Choose the organization type that fits your business:
- Manufacturer Organization (“Manufacturer”): A legally established enterprise that has equipment manufacturing and after-sales service capabilities, and undertakes to provide IoT services and related extended services to customers within China via HuiLian Cloud Control.
- Manufacturer Maintenance Organization (“Manufacturer Maintenance”): Created by a Manufacturer, a legally established enterprise capable of maintaining industrial/commercial equipment; its actions on the China site represent those of the affiliated Manufacturer, and the Manufacturer bears corresponding legal responsibility.
- Equipment User Organization (“Equipment User”): A legal entity, institution or individual that ultimately purchases or uses equipment (obtains ownership by purchase); i.e., the ultimate owner of the equipment.
- User-Authorized Maintenance Organization (“User Maintenance”): A legally established enterprise capable of maintaining industrial/commercial equipment; accesses relevant tools and services in the China site through equipment sharing granted by an Equipment User.
- Account Registration
- After you fill in the information as prompted on the registration page, read and agree to the Agreement, and complete all registration steps, or complete all activation steps on the activation page, you will be bound by the Agreement.
- You may set your organization account, organization name, internal account and internal username, but such settings shall not infringe or be suspected of infringing others’ lawful rights. If suspected infringement exists, Punp may terminate the Services to you and cancel your account.
- When completing registration or activation, you shall, as required by laws and regulations, provide accurate information and update it in a timely manner to ensure truthfulness, timeliness, completeness and accuracy. If there is a reasonable suspicion that the information you provided is erroneous, untrue, outdated or incomplete, Punp may inquire and/or require corrections. If you fail to correct in time, Punp may suspend or terminate part or all IoT services. Punp shall bear no responsibility, and you shall bear any direct or indirect losses and adverse consequences.
- Manufacturer, User Maintenance: You agree to provide appropriate documents to verify your legal identity after registration. Only upon approval can you use related tools and IoT services.
3. Account Security
You are responsible for all activities under your organization account, internal sub-accounts and passwords (including but not limited to disclosure of information, posting information, online acceptance or submission of rules or agreements, contract renewal or purchase of services). You agree:
- If unauthorized use of your account, sub-accounts or password is discovered or any breach of confidentiality occurs, you will immediately notify Punp or your Manufacturer.
- Ensure you properly sign out of the web or mobile application at the end of each session. Punp is not responsible for any loss resulting from failure to comply. You understand that it takes reasonable time for Punp to act on your request and Punp will not be responsible for any consequences arising before such action is taken.
- Manufacturer, User Maintenance: Unless required by law or court order and with Punp’s consent, your account, sub-accounts and passwords may not be transferred, gifted or inherited in any way.
- Manufacturer Maintenance: Unless required by law or court order and with consent of the affiliated Manufacturer, your account, sub-accounts and passwords may not be transferred, gifted or inherited in any way.
4. Termination of Services
- Manufacturer: You agree that if Punp does not charge you, Punp may, at its sole discretion, terminate your Services password, account (or any part thereof) or your use of the Services for any reason (including but not limited to Punp’s belief that you have violated the letter and spirit of the Agreement). If Punp charges you, it may take such termination measures based on reasonable suspicion and by email notice. You further acknowledge that upon termination of the Services, Punp may immediately invalidate your account, delete your account and all related information and files in your account, and/or prohibit further access to such files or the Services. After termination, Punp is not obligated to retain or disclose any information in or related to your account, or to forward any unread or unsent information to you or third parties. In addition, Punp shall not be liable to you or any third party for termination of the Services.
- You have the right to request cancellation of your account. Upon Punp’s approval, Punp will cancel your account (including internal accounts), and your contractual relationship with Punp under the Agreement will terminate. After cancellation, Punp is not obligated to retain or disclose any information in your account, nor forward any unread or unsent information.
- Upon termination of your contractual relationship with Punp:
- Punp may continue to retain your information.
- If you have engaged in illegal conduct or violated the Agreement and/or rules during your use of the Services, Punp may still assert its rights under the Agreement.
- Relationships between you and other accounts formed during use of the Services are not terminated due to the termination of the Agreement. Other organizations may still assert rights against you, and you shall continue to perform your obligations.
5. Account Cancellation
- If your account meets all of the following conditions, your organization account (login name) may be canceled and you will no longer be able to log in to the website or mobile app, and all Services will terminate: (1) no login for 6 consecutive months; (2) no valid business remains in effect.
- You agree and authorize that if you engage in fraud, sell counterfeit goods, infringe others’ rights, or seriously violate any platform rules, your organization account may be canceled and all Services terminated.
6. Fees
- Manufacturer: Punp reserves the right to charge for the Services upon notice. If you fail to pay IoT service fees in a timely manner, Punp reserves the right, without written notice, to change or suspend part or all of the Services temporarily or permanently. Punp also authorizes you to charge your Manufacturer Maintenance and your Equipment Users for the IoT services.
- Manufacturer Maintenance: Punp does not charge you other platform service fees; there are no Services directly charged to you.
- Equipment User: You pay relevant IoT fees directly to your Manufacturer. Apart from this, the platform only performs the agreed services according to the specific device purchase services with the Manufacturer.
7. Platform Services and Status
- Through the platform Services, you can publish IoT equipment and services, query your devices, and manage the business processes across the device lifecycle such as commissioning, delivery, operation, maintenance, and transfer.
- The platform aims to serve as a third-party service to provide a unified, complete, secure and fair one-stop enterprise-grade IoT cloud service for Manufacturers, Manufacturer Maintenance, Equipment Users, and User Maintenance throughout the equipment lifecycle.
- The platform adheres to the principle of not disrupting the industry value chain, and provides services and support directly only to Manufacturers or User Maintenance and charges fees accordingly.
Service Usage Rules
Rules regarding your information
- “Your Information” includes any data, text, software, music, sound, photos, graphics, videos, statements or other materials you provide to the platform or other organizations during registration, posting information or device data, maintenance records, fault information, etc. You are solely responsible for your Information, and the platform acts only as a passive channel for posting and publishing your Information.
- You agree and warrant that your Information and any equipment and services you provide on the platform:
- Will not be fraudulent or related to counterfeit or stolen goods;
- Will not infringe any third party’s property rights, copyright, patent, trademark, trade secrets or other intellectual property rights, or privacy or reputation rights;
- Will not violate any laws, regulations, ordinances or rules (including but not limited to those related to export control, licensed operation, trade quotas, consumer protection, unfair competition or false advertising), the Agreement or related rules;
- Will not contain defamatory (including commercial defamation), illegal threats or illegal harassment;
- Will not contain obscene or any child pornography content;
- Will not contain any viruses, disguised destructive programs, worms, time bombs or other computer programs intended to damage, maliciously interfere with, secretly intercept or expropriate any system, data or personal information;
- You agree that, without prior written approval, you will not copy and use for commercial purposes any materials displayed on the HuiLian Cloud Control website.
9. License You Grant
You fully understand and irrevocably grant the platform the following rights:
- Manufacturer: For the information you provide, you grant Punp a free license to use such information within the platform (to provide services to your affiliated Manufacturer Maintenance and Equipment Users).
- Manufacturer: If you violate the Agreement or other agreements with Punp, Punp may notify you by any means and impose restrictions on your rights, including but not limited to suspending or terminating part or all Services.
- Manufacturer, Equipment User: Your operations in device security control represent that you grant or revoke access permissions to affiliated parties.
10. Privacy and Business Information
Notwithstanding the license in Section 9, protecting your privacy and business information is a fundamental principle of the platform. We will endeavor to protect your privacy and business information from leakage both inside and outside the platform.
- The platform will protect your privacy information so that only you and your internal accounts can access it; it will not be publicly disclosed otherwise.
- Definition of privacy and business information: Non-public information of your organization or non-public information within devices you create constitutes privacy information.
11. Scope and Limitation of Liability
- You expressly understand and agree that Punp shall not be liable for any damages, including but not limited to loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) use of or inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, samples, data, materials or services purchased or obtained through or from the Services, or any information received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; or (v) any other matter relating to the Services, including negligence.
- Punp will make every effort to ensure you gain value and enjoyment from using the platform. Unfortunately, Punp cannot foresee all technical issues or other difficulties that may arise, which may result in data loss or service interruptions. You agree that you use the Services at your own risk and that the Services are provided on an “as is” and “as available” basis. Punp expressly disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. Punp does not warrant that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Services will be completely accurate or reliable; (iv) the quality of any products, services, data or other material purchased or obtained by you through the Services will meet your expectations. Any oral or written advice or information obtained by you from the platform shall not create any warranty not expressly stated in the Agreement.
12. Indemnification
You agree to indemnify Punp in full and hold it harmless from any claims or penalties (including legal fees and other professional fees) brought by third parties or administrative/judicial authorities due to your violation of the Agreement or other documents incorporated by reference, or your violation of laws infringing on the legitimate rights of third parties, or your liability under administrative, civil or criminal law.
13. Notices
- You shall accurately fill in and update your contact information (email address, phone number, address, postal code) in a timely manner so that Punp or other organizations can contact you effectively. You are solely responsible for any loss or increased costs arising from failure to contact you via such contact information. You understand and agree that you are obligated to keep your contact information valid and to update it as required by the platform.
- Unless otherwise expressly provided, any notices between you and Punp shall be sent by email to the address provided by you during registration, or to another address designated by the relevant party. Notices are deemed delivered 24 hours after the email is sent. If the sender is informed that the email address is invalid, the platform may send a notice by prepaid registered mail with return receipt to the address you provided during registration. In such case, the notice is deemed delivered three days after mailing.
- Based on confidentiality and business agreements, Punp has direct business relationships only with Manufacturers and User Maintenance organizations. You agree that Punp may send internal messages or platform maintenance notices to Manufacturer Maintenance and Equipment User organizations.
14. Force Majeure
Punp shall not be liable to you for any delay or failure to perform due to reasons beyond its reasonable control, including but not limited to natural disasters, strikes or riots, material shortages or rationing, uprisings, acts of war, governmental actions, communication or other facility failures, or serious accidents.
15. Governing Law, Jurisdiction and Miscellaneous
- The validity, interpretation, modification, performance and dispute resolution of the Agreement shall be governed by the laws of the People’s Republic of China (Mainland). Where there are no relevant provisions, international commercial practices and/or industry practices shall apply.
- You and Punp are independent contracting parties. The Agreement is not intended to create any agency, partnership, joint venture, employment or franchise relationship.
- You agree that Punp, due to business needs, has the right to assign some or all of the rights and obligations under the Agreement without your consent. Punp will notify you of such assignment.
- The Agreement does not supersede any prior written agreement between you and Punp regarding the same subject matter. If any clause of the Agreement is determined to be invalid or unenforceable, that clause shall be removed, and the remaining clauses shall be observed and enforced. Clause headings are for convenience only and do not define, limit, explain or describe the scope or extent of the clauses. Punp’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
- Any dispute arising from or related to the Agreement shall be resolved by negotiation. If negotiation fails or either party is unwilling to negotiate, both parties agree to submit the dispute to a court with jurisdiction where Punp is located.