CHC Cloud Service Agreement
CHC Cloud Service Agreement (“Agreement”) is a legally binding contract entered into between you (or “User”) and CHC Navigation Europe Kft. (“CHC” or “we”) regarding the use of the CHC Cloud series products (“Cloud”) and any associated devices used in connection with this Cloud (including but not limited to receivers, total stations, etc., collectively referred to as “Devices”).
Before using this Cloud and related Services, please carefully read and fully understand the terms and conditions of this Agreement. Particular attention should be paid to clauses that limit or exempt CHC’s liability, restrict User rights, or outline dispute resolution methods and jurisdiction. Clauses that limit or exempt liability, or other clauses involving your major rights and interests may be highlighted in bold, underlined, or other forms.
Please read all the terms of this Agreement in detail. If you agree to this Agreement, you may proceed to download, install, or use this Cloud and/or related Services. By clicking “Agree”, “Next”, or through actions such as downloading, installing, using, logging in, or by using this Cloud and/or related Services in any other way, you are deemed to have read this Agreement and agreed to be bound by it.
This Agreement comprises the main text herein, along with any supplementary agreements, rules, policies, announcements, or notices issued or updated by CHC concerning this Cloud and related Services from time to time. Upon official publication, these additional documents form an integral part of this Agreement and are equally binding on the User.
I. Privacy
For details on how CHC handles and protects your personal information, you can refer to the CHC Cloud Privacy Policy.
II. Key Rights and Obligations
2.1 Under this Agreement, you have right to log in and use this Cloud by using your legally owned CHC account.
2.2 You understand and agree that, to provide you with effective services, you authorize CHC to utilize resources such as the processor and bandwidth of your terminal device. Users shall confirm with their operators and bear the data traffic costs incurred during the use of this Cloud and Services.
2.3 You understand and agree that certain functions or services of this Cloud may be governed by separate agreements or specific business rules (collectively, “Separate Agreements”). Before using such functions or services, please read and agree to the relevant Separate Agreements. By clicking “Agree”, “Next”, or by using the aforementioned functions or services, you are deemed to have accepted the Separate Agreements.
2.4 You understand and agree that CHC does not guarantee, either explicitly or implicitly, that this Cloud’s functions will meet your requirements or that its operation will be uninterrupted or error-free. You shall assume all risks and responsibilities for using this Cloud to achieve your intended results and for any outcomes resulting from the installation, use, or performance of this Cloud.
2.5 When using this Cloud and service, you must assume the following risks that are beyond CHC’s control, including but not limited to:
(1) Risks of data loss or leakage due to force majeure factors;
(2) You must select a Cloud version that is compatible with the installed terminal device. Otherwise, you shall be solely responsible for any problems or damages resulting from the incompatibility between the Cloud and the terminal device model;
(3) Risks arising from incompatibilities between this Cloud/Services and any third-party Cloud or services;
(4) Risks of login failures, incomplete data synchronization, or slow page loading caused by unstable network signals or insufficient bandwidth, etc.;
(5) During the use of Services, there may be risk factors such as force majeure, which may cause the interruption of this service. Force majeure refers to events that cannot be foreseen, overcome, or avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, storms, plagues, etc., and social events such as wars, unrest, government actions, etc..
2.6 Third-party service providers may offer products or services via this Cloud. In doing
so, they may collect, use, or store your data or personal information. CHC, through
agreements, business process regulations, and reasonable product design, strictly requires
third-party service providers to comply with applicable laws and regulations when
accessing your data or personal information. When using products or services provided by
third parties within this Cloud, in addition to abiding by the terms of this Agreement,
you should also obtain and comply with the user agreements of those third parties.
Unless otherwise provided by law, CHC does not assume any guarantee or joint liability for the security, accuracy, and effectiveness of the services and content provided by third parties. Any disputes and damages arising therefrom shall be borne by the relevant third party.
2.7 By using and/or accessing the Services, you represent and warrant that your use of this Cloud, related events or activities, and access or use to other services will comply with all applicable laws, regulations, and rules. In accordance with the provisions of laws and regulations, if you are required to obtain specific qualifications in advance for the operational activities you conduct using this Cloud, you should apply for and obtain such qualifications on your own to ensure the legality of your actions. If your actions violate laws and regulations, you shall independently bear the liability for your illegal acts. You should avoid causing CHC to violate laws and regulations due to your illegal actions. Otherwise, CHC has the right to suspend or terminate the services provided to you, including but not limited to deactivating your account/device.
2.8 You are aware and agree that if a competent authority requests CHC to assist in the investigation of your relevant data and other information in accordance with laws and regulations, or requests CHC to take relevant measures, CHC may provide such information to authorities or take necessary actions as required by law.
III. User Behavior Regulations
3.1 Unless permitted by law or explicitly authorized in writing by CHC, you shall not engage in, nor induce or permit any third party to engage in, the following activities during your use of this Cloud:
(1) Deleting copyright information from the Cloud or its copies, or altering or removing any trademarks, logos, copyright or other proprietary rights notices, legends, symbols, or labels contained within this Cloud;
(2) Accessing the Cloud for the purpose of creating identical or competing services;
(3) Engaging in reverse engineering, decompilation, disassembly, or attempting to discover the source code of the Cloud by any other means;
(4) Using, renting, lending, copying, modifying, linking, reposting, compiling, publishing, or creating mirror sites, etc., for content for which CHC owns intellectual property rights;
(5) Copying, modifying, adding, deleting, attaching, or creating derivative works based on data released to terminal memory during the operation of the Cloud, data exchanged between the client and server during operation, and system data essential for Cloud operation. This includes, but is not limited to, the use of plugins, add-ons, or third-party tools/services unauthorized by CHC to access the Cloud and related systems;
(6) Modifying or falsifying operational instructions or data during the operation of the Cloud, adding, deleting or altering the functionality or performance of the Cloud, or operating or distributing Cloud or methods designed to the public for such purposes, regardless of whether the activity serves a commercial purpose;
(7) Log in to or use CHC’s Cloud and Services through third-party Cloud, plugins, add-ons, or systems not developed or authorized by CHC, or create, release, and disseminated the abovementioned tools;
(8) Interfering with the Cloud or its components, modules, or data, or authorizing others or third-party Cloud to do so;
(9) Uploading or distributing viruses, worms, malicious code, or Cloud designed to damage or alter computer systems or data;
(10) Collecting personal information or data from other Users without the authorization of both CHC and the Users;
(11) Conducting any security or vulnerability testing on the Cloud or its Services without prior authorization from CHC; ;
(12) Publicly disclosing or sharing performance or functionality evaluation results of the Cloud or any part thereof with third parties without authorization from CHC;
(13) Using or hosting the Cloud or services in a virtual server environment;
(14) Engaging in any activity that may imposes, or as determined by CHC may impose, an unreasonable or disproportionately large load on CHC’s infrastructure;
(15) Interfering with or disrupting other Users’ normal use of the Cloud or its Services;
(16) Impersonating another person or entity, and distorting your relationship with a person or entity, commit fraud, conceal, or attempt to conceal your identity;
(17) Using the Cloud or its Services to access any data prohibited by applicable law;
(18) Engaging in any other activity not expressly authorized by CHC.
3.2 You fully understand and agree that you are solely responsible for all actions taken during your use of this Cloud. CHC cannot and shall not
3.3 You understand and agree that, in the course of providing this Cloud and related Services, CHC reserves the right to review and monitor your use of the products and services. Based on its reasonable judgment, CHC may take appropriate actions in response to any conduct by you that violates applicable laws, regulations, or the terms of this Agreement. Such actions may include, but are not limited to, at CHC’s sole discretion and for any reason, ceasing the transmission of any content that violates applicable laws, regulations, or this Agreement, or that infringes upon, interferes with, or threatens the rights or safety of any individual. CHC may also, at its sole discretion, take legal actions against any individuals in breach of this Agreement, including but not limited to removing content deemed illegal, infringing, or inappropriate from its services, restricting or preventing such individuals from accessing part or all of the services, and preserving relevant information in compliance with legal requirements to report to and cooperate with competent authorities. This may include but not limited to reporting suspected fraud-related criminal activity or risk information to public security, financial, telecommunications, or internet regulatory authorities in accordance with national regulations, based on the type and severity of the fraudulent risks. You shall solely bear any and all legal liabilities arising from such actions.
3.4 You understand and agree that the aforementioned monitoring actions do not impose any obligations or liabilities on CHC. At the same time, these actions do not exempt you from any obligations or liabilities you may have.
IV. Intellectual Property Statement
4.1 CHC owns the intellectual property rights to this Cloud. All copyrights, trademark rights, patent rights, trade secrets, and other intellectual property rights related to this Cloud, as well as all associated information and content (including but not limited to text, images, audio, video, graphics, interface designs, layout frameworks, relevant data, or electronic documents), are protected by the laws and regulations of the People’s Republic of China and relevant international treaties. CHC retains these intellectual property rights, except for rights that must be granted to others in accordance with the law. Without the consent of the relevant rights holders, you may not use, exploit, or transfer such intellectual property, information, or materials in any manner.
4.2 Without prior written consent from CHC or the relevant rights holders, you shall not use, exploit, or transfer the aforementioned intellectual property for any commercial or non-commercial purpose, either directly or by authorizing third parties to do so, in any form (including but not limited to the use of robots, crawlers, screen capture tools, or similar programs or devices).
4.3 This Agreement does not grant you any rights to use CHC’s trademarks, service marks, logos, names, domain names, or other distinctive brand features.
V. Terminal Security Responsibility
5.1 You understand and agree that, like most internet Cloud, this Cloud may be affected by various factors (including but not limited to user actions, network service quality, and social environment). It may also be subject to security issues, such as unauthorized access to User information causing real-world harassment or other Cloud downloaded and installed by Users or other websites visited by them containing viruses, malware, or other malicious code that may threaten the security of your terminal device information and data, potentially affecting the normal use of this Cloud. Therefore, you should enhance your awareness of information security and personal information protection and take precautions, such as safeguarding your password, to avoid potential losses.
5.2 You may not create, distribute, use, or disseminate malicious programs designed to steal User accounts, commercial data, personal information, or property.
5.3 Maintaining the security and proper operation of the Cloud is a shared responsibility between you and CHC. While CHC will take necessary technical measures in a commercially reasonable and prudent manner, in accordance with industry standards, to protect the security of your terminal device information and data, you understand and agree that CHC cannot provide an absolute guarantee.
VI. Third-Party Cloud or Technology
6.1 If this Cloud utilizes third-party Cloud or technology, you shall comply with the applicable agreements and rules of such third-party Cloud or technology. Failure to do so may result in the third party initiating legal action or other sanctions against you and requesting assistance from CHC. You shall bear all legal liabilities in such cases.
6.2 Any disputes arising from the use of third-party Cloud or technology in this Cloud shall be resolved by the respective third party. CHC shall not bear any responsibility within the limits of the law.
VII. Liability for Breach of Contract
7.1 The following circumstances shall be deemed a breach of contract:
(1) Violating relevant laws or regulations while using the Services of this system;
(2) Violating the terms of this Agreement, any supplementary agreements, or any agreements entered into between you and CHC.
7.2 You understand and agree that, in the event of a breach of this Agreement or applicable laws and regulations, CHC has the right to take one or more of the following actions based on the nature of the breach and to publicly announce the results:
(1) Issue a warning;
(2) Suspend, restrict, or terminate your use of some or all functions of this Cloud or Services, or unilaterally terminate this Agreement by notification;
(3) Temporarily suspend or terminate your account (commonly referred to as “account suspension”);
(4) Close your account;
(5) Initiate civil litigation for your unlawful conduct, pursuing claims for infringement, breach of contract, or other liabilities, and seek compensation for any losses suffered by CHC, including direct economic losses, reputational or goodwill damages, and expenses incurred such as compensation, settlement costs, attorney fees, litigation expenses, and other indirect losses. CHC may also refer the matter to relevant administrative authorities for administrative penalties or judicial authorities for criminal liability; and/or
(6) Implement other measures as announced by CHC on its official website, or in product-specific rules (including but not limited to announcements, prompts, or notifications, etc. in products).
CHC shall not be liable to you or any third party for implementing the above actions.
7.3
If CHC incurs losses due to your actions (including direct and indirect economic
losses), you shall be liable for corresponding compensation to CHC.
If your actions cause CHC to face third-party claims, CHC may, after bearing
administrative penalties or infringement damages resulting from your actions (including
legal fees, attorney fees, and other procedural costs), seek full indemnification from
you. You shall immediately compensate CHC in an equivalent amount.
VIII. Disclaimer
8.1 You understand and agree that CHC has the right, at any time and without prior notice, to unilaterally repair, maintain, upgrade the platform or related equipment providing this Service, or to modify, suspend, restrict, terminate, or withdraw part or all of the content of CHC’s Services to provide better services to you. You shall bear such risks, and CHC shall not be liable for any losses you incur as a result as permitted by law.
8.2 You understand and agree that CHC provides services based on the current technology and conditions. While CHC endeavors to provide continuous and secure services, it does not guarantee that the services provided by CHC are flawless. CHC also cannot foresee and prevent risks such as service interruptions, data loss, and other damages and risks caused by technical or other issues. Unless otherwise provided by law, CHC shall not be liable for any losses you incur as a result.
8.3 You understand and agree that CHC shall not bear any legal liability under the following circumstances:
(1) Service interruptions or disruptions caused by:
(2) Monitoring, collecting, and providing your data or personal information (including but not limited to mapping data generated during your use of the Cloud and Services) as required by law or at the request of relevant government regulatory authorities.
(3) Any User actions performed through this Cloud on Devices, which do not represent or reflect CHC’s opinions or policies. CHC shall not be held liable for such actions.
(4) Any indirect, consequential, punitive, incidental, special, or exemplary damages suffered by you, including loss of profits, arising from the use of this Cloud or its Services by you or any third party. Notwithstanding any contrary provisions in this Agreement, CHC’s total liability to you, regardless of the cause or type of claim, shall not exceed the fees (if any) you paid to CHC for using the Services during the applicable period.
(5) Any losses incurred by you or caused to others as a result of your violation of this Agreement or applicable laws.
IX. Suspension or Termination of Services
9.1 If you notify CHC in writing that you do not accept this Agreement or its amendments, CHC may suspend or terminate the provision of all or part of the Services to you.
9.2 Either party may terminate this Agreement at any time if force majeure prevents you from continuing to use the Services or CHC from providing them.
9.3 CHC may suspend or terminate the provision of all or part of the Services upon the occurrence of conditions stipulated in this Agreement.
9.4 The ownership and intellectual property rights of data generated during your use of this Cloud and related Services belong to CHC. CHC has the right to retain and handle such data unless otherwise specified by national laws and regulations.
9.5 CHC shall enjoy the property rights provided by laws and regulations over data products and services formed through its lawful processing of data.
X. Notifications
CHC may deliver various rules, notifications, prompts, and other information related to this service to you through one or more methods, including website announcements, website prompts, in-app messages, or other means. Such information shall be deemed delivered and binding upon you as soon as it is published or sent through any of the aforementioned methods.
XI. Miscellaneous
11.1 Your use of this Cloud or service signifies that you have read this Agreement and accepted the binding of this Agreement. CHC reserves the right to amend the terms of this Agreement as necessary. You can view the relevant terms in the latest version of this Cloud. If you continue using this Cloud after changes to this Agreement, it shall be deemed that you have accepted the amended Agreement. If you do not accept the amended Agreement, you should cease using this Cloud.
11.2 This Agreement is executed in Qingpu District, Shanghai, the People's Republic of China. The formation, validity, interpretation, performance and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (for purposes of this Agreement only, excluding the laws of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the regulations of the Taiwan region of China).
11.3 Any disputes arising from or related to this Agreement , the parties shall first attempt to resolve the matter through amicable negotiations in good faith. If the dispute cannot be resolved through negotiations, either party may submit the dispute to the competent People's Court at the defendant's domicile
11.4 The titles of all clauses in this Agreement are for ease of reading only and have no substantive meaning. They shall not be used as a basis for interpreting the content of this Agreement.
11.5 This Agreement may exist in multiple language versions. In the event of any conflict between the English version and versions in other languages, the English version shall prevail.
11.6 If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.
11.7 Any suggestions or feedback you provide to CHC shall be deemed a transfer of all related rights to CHC, and you agree that CHC has the right to use such suggestions or feedback and related information in any reasonable manner. CHC will regard such information as non-confidential and non-proprietary.
11.8 If you have any opinions or suggestions regarding this Agreement or the platform, you may contact us through the channels provided in the Privacy Policy of this Cloud.