User Agreement

User Agreement

Released on: 2024-01-15

Dear users, welcome to use the CHC Cloud platform !

[Introduction]

The CHC Cloud platform (hereinafter referred to as "this Platform") is operated by CHC Navigation Technology Co., Ltd (Abbreviated as CHCNAV). It is a brand-new surveying and mapping management system developed with the commonly used WeChat and WEB as the operation and display platforms, and designed for obtaining information remotely and assisting users in solving problems remotely. To provide you with a better service experience, we request you to carefully read and fully understand the clauses of the User Agreement (hereinafter referred to as "this Agreement"), especially the exemption and/or restrictive clauses.

CHCNAV and its affiliated parties (hereinafter referred to as "Huace" or "We"） reserve the right to modify this Agreement at any time. We will remind you of the clauses in this Agreement that require your special attention by bold and/or underline.

You should use this Platform after you have fully read, fully understood and accepted all the clauses of this Agreement. If you disagree to the contents of this Agreement, please stop using this platform immediately. This Agreement shall have legal force between you and us and be a binding legal document for both parties.

1. Definition

1.1 CHC Cloud platform/This platform refers to a platform with its domain name cloud.huace.cn, owned and operated by CHCNAV, supplemented by "CHC Cloud" WeChat applet, "CHC Cloud" PC client, "Aerial Survey Cloud" PC client, mobile client, and functions or services that may be integrated as third-party services in the software or services developed by us.

1.2 User/You refers to a natural person who owns a Huace account and intends to use the services of this platform, and has full civil capacity to enter into a contract with us.

1.3 Huace Account refers to the account created by the user when using Huace's products and/or services. A Huace account, once opened, can be used as the login port for all Huace's websites, applications, and applets. If you have registered to use one form of service, you can use other services with the same account.

1.4 Affiliated party refer to a company or institution that currently or in the future controls CHCNAV, or that is controlled by CHCNAV, or that is controlled, as CHCNAV is, by the same company or institution. Control refers to the ability to directly or indirectly influence the management/operation of the controlled object through ownership, voting shares, contracts, actually operational relationships, or other legally recognized means.

2. Explanation of the Agreement

2.1 This Agreement is a legally binding and effective contract signed between you and CHCNAV for the use of the products and services (hereinafter referred to as "Services") on this Platform. This Agreement is applicable to any services provided by this Platform, including upgrades and updates to various services used by the user during the term of this Agreement.

2.2 The service scope of this Platform covers the cloud storage services displayed on our " CHC Cloud" website, related technical support services, and device support services. But please understand and make sure that when providing cloud services such as data storage, synchronization, management, and sharing, we do not directly upload or provide content, and we will not make any modifications or edits to the content transmitted by you.

2.3 You understand that there are circumstances in which you need to pay us for the use of this Platform. At that time, you need to pay the relevant service fees through the agreed payment method within the agreed payment period. If you fail to pay all the service fees as agreed, we reserve the right not to provide or terminate technical support and/or services to you.

2.4 To facilitate the use of this Platform for business needs in countries and regions outside the Chinese Mainland, the language provided by the " CHC Cloud " website includes Chinese, English, Russian, Vietnamese, Thai and Korean. You understand and agree that when the services you choose to use are in countries and regions outside the Chinese Mainland, the clauses of this Agreement that do not conflict with local laws and regulations still apply, but you also need to comply with the applicable local laws and regulations and other provisions with legal effect.

3. Registration and Login, Use and Security of User Account

3.1 To use the services of this Platform, you need to register a legitimate and valid account and log in. Please understand and agree that to ensure the safety of your property, we will review all the services we have provided to you so as to provide you with better and more efficient services. You should follow the prompts on this Platform page to complete account registration and login. If you do not provide account information, you will not be able to use this Platform.

3.2 You understand and agree that to provide you with a better service experience and ensure that the functions or services of this Platform are more convenient, efficient, and accurate, we implement a unified management of user accounts. The account information provided by you when opening your account will be automatically synchronized to this Platform when you use Huace (including the operating entity of this Platform and all affiliated parties) products or services. You can directly enter your existing account information in the CHC Cloud platform to complete the login without a new registration.

3.3 We will identify your identity based on your identity information and provide services such as authorized login and account verification. Identity information includes but are not limited to your account name, password, SMS verification code, mobile phone number, and email. You agree to allow us to take different measures to verify your identity based on different login ports, services, and your use habit.

3.4 Both you and we shall comply with relevant laws and regulations for real name authentication. In accordance with the requirements of real name authentication, we may require you to provide further identity information for the activation of certain services (such as flight permission authorization) in order to complete identity authentication or qualification verification.

3.5 You are not allowed to access this Platform using a false and disguised identity or another person's identity. When you need to create an account or set your personal information when using our services, you must ensure that the information you provide is genuine and reliable. You shall bear all consequences and losses caused by you to yourself, other users of this Platform, and us during your use.

3.6 Huace account is an important credential for you to use specific services, and an account can only correspond to a unique legal entity. The ownership of your account belongs to us, and unless there is an explicit legal provision, judicial ruling, or our consent, you are not allowed to lend, transfer, give away your account, or let others use your account in any way.

3.7 You agree that you try to ensure the security of your account information. Any operations through your registered account will be considered as operations taken by you or authorized by you, and as a result you shall bear corresponding liabilities.If you discover that someone has stolen your account and password, you should notify us immediately. Therefore, we reserve the right to restrict, suspend or terminate your use of your account to prevent the infringements caused by account theft from becoming more severe. But we are not liable for any losses incurred before taking such actions.

3.8 When you stop using the service, please handle the data in your account before notifying us of your closing your account, and ensure that your account is in a secure state.

4. Service Content

4.1 Value-added Services for Membership

4.1.1 The services of this Platform are divided into two types: free services and member membership value-added services. Any free features and services of such services should not be considered as a waiver of our right to subsequent charges.

4.1.2 You can learn about our membership rights and interests and purchase our membership value-added services by clicking on "Open Membership" on the "CHC Cloud" website. Membership value-added services include but are not limited to improving data storage space, supporting LS software functions, etc. We will continuously update and upgrade value-added services for the new membership. Please carefully read and fully understand the charging standard, method, your rights and interests, and other information of the membership value-added services on our Platform through the relevant pages of the website.

4.1.3 You understand and agree that we may modify and change the free space capacity, charging standard, and method of your account based on business development, market environment, and other factors. The relevant changes will be publicized on this Platform for your notice or notified to you in a reasonable way.

4.1.4 If you exceed your use capacity on account of expiration of the paid services without fees renewal, our adjustment of free space capacity, or for other reasons, you should promptly pay the corresponding fees according to the charging standard and method for upgrading membership services at that time to become a corresponding member, or continue to use the free services after your removing the the content in excess of the storage capacity yourself. If you fail to handle the content in excess of the storage capacity in a timely manner to ensure fair use by other users, we have the right to restrict the use of your account.

4.2 Main Functional Services of Cloud Drive

4.2.1 You can choose your use function module through the "CHC Cloud" website, which is divided into three: "Survey User", "Aerial Survey Cloud User", and "Unmanned Ship User". You can make one or more choices according to your needs.

4.2.2 When you use "CHC Cloud", our service scope includes:

(a) Cloud export and upload of data files, and support for merged export;

(b) Data storage and sharing;

(d) Road editing services;

(e) Other services.

4.2.3 When you use "Aerial Survey Cloud", our service scope includes:

(a) Related management of drone equipment;

(b) Flight information inquiry;

(d) Repair application service;

(e) Other services.

4.2.4 When you use "Unmanned Ship Cloud", our service scope includes:

(a) Navigation route management;

(b) Data services;

(e) Other services.

4.3 Workgroup Management Function

4.3.1 You can create or join a workgroup cloud drive to realize collaboration with team members.

4.3.2 By cooperating with our terminal software that enables location upload, this Platform will display member locations on the map. You can set up group member location alarm function in the corresponding workgroup.

4.4 Huace Customer Service Center

4.4.1 Order management: View all records generated by your paid services;

4.4.2 Work order management: View the progress, status, and other information of equipment maintenance initiated by you;

4.5 Help Center

4.5.1 If you are unfamiliar or have any doubts about the use of services on this Platform, you can obtain prompts from the "Help Center" in the top menu bar of the "CHC Cloud" website.

4.5.2 You can also call our publicly available contact number 400-620-6818 to contact us.

5. Privacy and Personal Information Protection

5.1 We attach great importance to your privacy, especially your personal information. When you use this Platform, we will collect and use your personal information in accordance with this Agreement and CHC Cloud Privacy Policy).

5.2 We will try our best to adopt and apply various security technologies and establish a complete set of data security management system to protect your personal information from unauthorized access, use, or disclosure.

5.3 You understand and comply with the requirement that this Platform does not provide services to minors in principle. If you do not have full capacity for civil conduct, you shall obtain the consent of your guardian before using this Platform.

6. User Rights and Obligations

6.1 After becoming a user of this Platform, you have the right to enjoy the corresponding services we provide, and have the right to get our technical support, consultation and other services when accepting our services.

6.2 The rights you obtain in accordance with this Agreement cannot be transferred to others. Meanwhile, please carefully read all the clauses of this Agreement before using the services of this Platform.

6.3 If you do not agree to our modifications to the relevant clauses of this Agreement, you have the right to stop using the services provided by this Platform. Under this circumstance, we will settle the service fees with you (if any), and provide you with download and backup services for relevant business data.

6.4 You have the right to backup the data you store on this Platform. Please understand and know that data backup is your obligation and responsibility, and we do not assume any liabilities for your data backup or results.

6.5 You are required to pay the corresponding service fees in accordance with the relevant page prompts on the "CHC Cloud" website and in accordance with this Agreement.

6.6 You shall not send any content that is illegal, infringes on the rights and interests of others, or disrupts social order or stability, including but not limited to the following information that:

(a) goes against the basic principles established by the constitution;

(b) intends to jeopardize national security, leak state secrets, subvert state power, and undermine national unity;

(d) distorts, vilifies, blasphemes, or negates the deeds and spirit of heroes and martyrs, and infringes upon the names, portraits, reputations, and honors of heroes and martyrs through insults, slanders, or other means;

(e) propagates terrorism, extremism, or incites to implement terrorist or extremist activities;

(f) incites ethnic hatred and discrimination, and undermines ethnic unity;

(g) disrupts national religious policies, and propagates cults and feudal superstitions;

(h) spreads rumors and disrupts economic and social order;

(i) spreads obscenity, pornography, gambling, violence, murder, terrorism, or instigates crimes;

(j) insults or slanders others, infringes on their reputation, privacy, and other legitimate rights and interests;

(k) and other contents prohibited by laws and administrative regulations.

6.7 You shall not use any means (including but not limited to third-party software, plugins, systems, devices, etc.) to interfere with, damage, modify or exert other influence on this Platform.

6.8 You shall use this Platform in a safe and reliable way or in a way recognized by us, and shall not log in or use this Platform through any third-party software, plugins, systems, devices, etc. Without our authorization, you shall not use any third-party software, plugins, systems, etc. to view or obtain any relevant information, data, and other content of Huace, our partners, or users accessible on this Platform.

6.9 You undertake and guarantee that if your business activities using the services provided by this Platform require permission or approval from relevant state departments, you must obtain relevant permission or approval in advance.

6.10 You undertake and guarantee that if your failure to comply with the provisions of this Agreement infringes upon the legitimate our rights and interests or those of a third party, resulting in any complaints, reports, inquiries, claims, lawsuits against us or our partners, or causing any damage to our honour, reputation, or property or those of our partners as a result, you shall actively take all possible measures to ensure that we and our partners are not affected by the aforementioned claims and lawsuits. At the same time, you are fully liable for the direct and indirect economic losses incurred as a result.

6.11 You expressly acknowledge that your and our respective user information and business data are important assets and key confidential information to you and us respectively. You agree to make the utmost effort to protect the aforementioned confidential information from being disclosed. Once the above-mentioned confidential information leakage incident is discovered, you shall cooperate and take all reasonable measures to avoid or mitigate the injurious consequences.

6.12 You undertake and guarantee that you shall bear full liabilities for all losses incurred to yourself, other users, us, and our partners due to your violation of this Agreement. Meanwhile, we reserve the right to hold you accountable for your infringement.

7. Protection of Intellectual Property Rights

7.1 All trademarks and logos used and displayed on this Platform belong to us or its licensors. Without a written permission from us or other related parties, no one may use our names, trademarks, or logos.

7.2 The intellectual property rights of the content provided by this Platform (including but not limited to web pages, text, images, audio, video, charts, colors, layout design, computer software, etc.) belong to us. Without our prior written permission, no one may copy, modify, disseminate, distribute, reproduce, play, disassemble, reverse engineer, decompile, connect or transmit through hyperlinks any content on this Platform in any way, load it onto other servers using the "mirror method", store it in other information retrieval systems, or use it in any other way.

7.3 Unless otherwise stated, the copyright, patent rights, and other intellectual property rights of the software on which specific services on this Platform depend belong to us.

7.4 You may not copy, send, publish, publicize, broadcast, or provide the information which you obtain in the process of using this Platform, and whose intellectual property rights belong to us to a third party for profit without our prior consent.

7.5 You shall undertake that the materials submitted to us, the use of our services, and the results generated from the use of our services do not infringe upon the legitimate rights and interests of any third party. If a third party files a claim, lawsuit or may file a lawsuit against us based on copyright infringement, infringement of the rights and interests of the third party, or violation of Chinese laws and regulations or other applicable laws, you shall compensate us for the expenses or losses incurred to us as a result and fully exempt us from liabilities.

7.6 If a third-party agency or individual questions or complains about the ownership of the intellectual property rights concerning your use of our services and related materials, you are responsible for providing relevant intellectual property certification materials and cooperating with us in handling relevant complaints.

7.7 The above and any other content contained on this Platform or intellectual property rights existing on this Platform are protected by laws and regulations. In the event of violation, you shall compensate us for any losses.

8. Scope of Liabilities

8.1 This Platform is provided by us based on our existing technology and conditions, and we will make our utmost effort to ensure the continuity and security of this Platform. You understand and agree that we cannot foresee and prevent service interruptions, data loss, and other losses and risks that may occur due to viruses, trojans, hacker attacks, system instability, third-party service defects, etc. Therefore, we are exempt from liabilities to the extent permitted by law for such risks.

8.2 We are not liable for any losses incurred to you on this Platform due to maintenance or connection failures of information network equipment, computer, communication or other system failures, power failures, strikes, riots, fires, floods, storms, infectious diseases, explosions, wars, government actions, orders from judicial and administrative departments, or force majeure caused by third-party reasons.

8.3 Under no circumstances shall we be liable for any indirect, consequential, punitive, incidental, or special damages, including profit losses incurred to you as a result of using the services of this Platform (even if you have been informed of the possibility of such losses).

8.4 If we need to compensate you for severe omissions in our services, for any reason, our total compensation liability hereunder shall not exceed 20% of the total annual service fees charged from you for the services involved herein.

8.5 The services of this Platform may be used in conjunction with other Huace products and/or services. At that time, please carefully read the agreement contents of other products and/or services that have established corresponding service relationships with you, and understand your rights and obligations. This Platform only undertakes corresponding liabilities to you within the scope of liabilities specified herein.

9. Entry into Force and Change of the Agreement

9.1 Entry into Force

9.1.1 You will read and agree to this Agreement when interacting with this Platform for the first time.

9.1.2 When you use the relevant services described herein, this Agreement shall be binding for you.

9.1.3 If there is a situation where we separately sign a contract/service clause with you, and if the content of this Agreement conflicts with it, the separately signed contract/service clause shall prevail.

9.1.4 If any clause of this Agreement is deemed invalid or unenforceable, the other clauses of this Agreement shall continue to be valid. Any invalid or unenforceable clauses shall be replaced with other clauses consistent with the purpose and intent of this Agreement.

9.1.5 If there are any matters not covered herein, both parties shall sign a separate agreement, and the clauses listed therein shall become an integral part of this Agreement. If there is any inconsistency between the clauses listed in the separately signed agreement and the clauses listed in this Agreement, the former shall prevail.

9.2 Change of the Agreement

9.2.1 To provide you with better services or due to changes in national laws and regulations, policy adjustments, technical conditions, product functions, etc., we will modify this agreement in due course, and the modified content will constitute an integral part of this Agreement. After the update of this Agreement, our company will issue an updated version on this Platform and remind you of the updated content in an appropriate manner. You should timely check the latest version of the agreement clauses. If you disagree with the modified content that has already taken effect, you can notify us through the contact information contained in the Privacy Policy of this Platform. If you continue to use this platform, it means that you have agreed to accept the modified content of this Agreement.

9.2.2 The headings herein are for convenience of reading only and do not affect the meaning or interpretation of any provision herein.

10. Change, Interruption, and Termination of Services

10.1 Change of Services

10.1.1 You understand and agree that based on adjustments to our business strategy, we may make changes to the service content, or interrupt or terminate certain or all services.

10.1.2 In the event of merger, division, acquisition, or asset transfer, we may transfer the relevant assets under this service agreement to a third party, or, upon a unilateral notice to you, transfer some or all of the services and corresponding rights and obligations hereunder to a third party for operation or performance. Under the abovementioned circumstances, we will notify you in an appropriate manner, and the specific transferee shall be subject to our notification.

10.2 Interruption and Termination of Services

10.2.1 The validity period of your paid services on this Platform shall be calculated from the date we receive your payment, and the corresponding service period shall be determined based on the amount of payment and the current valid service price system.

10.2.2 From the expiration date of the service, the storage space resources occupied by this service will continue to be charged on a daily basis, and the service will be terminated according to the provisions on your account type.

10.2.3 You must promptly lift the account freeze status within 30 calendar days after the account is frozen. Otherwise, we will consider you that you have voluntarily abandoned the services of this Platform, this Agreement shall terminate, the storage space will be reclaimed, data in the storage space will be deleted, and cannot be recovered.If you successfully lift the account freeze status within 30 calendar days from the date it is frozen, you can continue to use the storage service and data normally. Afterwards, we will determine the new service period based on the payment you made (after deducting the amount overdue).

10.2.4 Under the following circumstances, the service period shall terminate prematurely:

(a) Where both parties agree to terminate the contract in advance through consultation;

(b) Where you severely violate this Agreement, including but not limited to your failure to fulfill payment obligations as agreed herein and/or your serious violation of legal provisions, we have the right to terminate the service prematurely and not refund the fees you have already paid;

(c) You understand and fully recognize that, in view of the limitations and relativity of network security technology and the unpredictability of such acts, where such acts that you encounter in the process of using this Platform bring harm to us or our other users' networks or servers (including but not limited to local and foreign and international networks, servers, etc.), or affect our smooth connection with the Internet or specific networks, servers or within our internal network, we can decide to interrupt or terminate the service.

(d) We can terminate the service 30 days in advance by notifying you on the official website of CHC Cloud, sending you our website notification, and notifying you via email.

(e) Other circumstances stipulated by laws and regulations.

10.2.5 Under any of the following circumstances, we have the right to suspend or terminate the services provided to you without notice:

(a) Where the personal information you provided is untrue or inconsistent with the information at the time of registration, and you can not provide reasonable proof;

(b) Where you violate the provisions of relevant laws and regulations or the provisions herein;

(d) For safety reasons or under other necessary circumstances.

10.2.6 You have the responsibility to backup the data stored on this Platform at your own discretion. If your service is terminated, we have the right to permanently delete your data from the server, except as otherwise provided for by laws and regulations.

11、 Application of Laws and Dispute Resolution

11.1 The validity, interpretation, modification, performance, and dispute resolution of this Agreement shall be governed by the laws of the Chinese Mainland of the People's Republic of China.

11.2 Any disputes arising from or in connection with this Agreement shall be submitted to Shanghai International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules. The arbitration award is final and binding on both parties.

12.Miscellaneous

12.1 We may translate this Agreement into multiple languages. If there are any discrepancies between the versions in other languages and the Chinese version, the Chinese version shall prevail.

12.2 If you have any opinions or suggestions regarding this Agreement or this Platform, you can contact us through the contact information contained in the Privacy Policy of this Platform.