User Service Agreement

Updated on: July 04, 2024
Effective from: 07/04/2024

Introduction

In order to use the [PlanetEV Co., Ltd.] Charge Cloud Platform (hereinafter referred to as the "Platform"), you agree to be abided by the [PlanetEV Co., Ltd.] Charge Cloud User Service Agreement (hereinafter referred to as the "Agreement").
This Agreement is a valid contract between [PlanetEV Co., Ltd.], including its affiliates (hereinafter referred to as "we" or "us") and all users ("You")of this Platform for the use of this Platform and its related services.
Please be sure to read carefully and fully understand the content of this Agreement, especially the exemption or limitation of liability terms which may be in bold and other forms to remind you to pay extra attention. Unless you have read and accepted all the terms of this Agreement, you are not authorized to use this Platform and its related services.
By logging in the Platform or using any services of the Platform, you are deemed to have read and agreed to all the terms of this Agreement and are bound by this Agreement. This Agreement applies to any services provided by the Platform, including any upgrades of the Platform.

1. User Instructions

1.1 The ownership of this Platform account which is also known as the user ID of [PlanetEV Co., Ltd] Charge Cloud (hereinafter referred to as the "Account") belongs to [PlanetEV Co., Ltd]. After you are subscribed to use this Platform, we will provide you with an Account to log in this Platform and you only have the right to use the Account and shall use it in accordance with the instructions.

1.2 The Account is for your personal use only, and you are not allowed to donate, borrow, rent, transfer or sell it to any third party or otherwise allow non-subscribers of this Platform to use the Account. If you authorize any un-verified third party to use your Account, you shall be fully responsible for all uses of the Account.

1.3 If we find or reasonably believe that the user is not an authorized subscriber, we reserve the right to suspend or terminate the use of the Account immediately due to security concerns or disable the Account permanently. If you have any questions about these, you can contact us through the contact information reserved in this Agreement.

1.4 If you believe that your Account has been compromised, lost or stolen, or an unauthorized third party is attempting to access or use the Platform through your Account, you must send an email to immediately [planetcharge@planetcomm.com].

2. Platform Service Content

2.1 This Platform is a business platform on new energy charging management and energy storage management.

2.2 Unless otherwise expressly agreed in this Agreement, any new functions or services launched by this Platform shall be subject to this Agreement.

2.3 You acknowledge and agree that to understand the suitability of the platform and identify the abnormal status of the Account,we may automatically identify or collect relevant information on the platform interface, including but not limited to: order volume, turnover, number of users, number of charging facilities

3. Specifications for Platform Use

3.1 When you use the services of this Platform, you shall comply with relevant laws and regulations. You are not allowed to use the Platform for any purpose that is illegal or prohibited by this Agreement.

3.2 You may not use any "deep linking", "scraping pages", "robots", "crawlers" or other automatic devices, programs, algorithms, methods or any similar or identical manual procedures to access, acquire, copy or monitor any part of the Platform or any related content to obtain or attempt to obtain any material, document or information in any manner not expressly provided by the Platform. We reserve the right to prohibit any of such conduct. You may not attempt to access to or use any part or feature of the Platform in any unlawful manner.

3.3 You are not allowed to reverse engineer, disassemble, or decompile the source code of the Platform. You are also not allowed to rent, lend, copy, modify, reprint, compile, or publish the content in which we own intellectual property rights or use it for other purpose.

3.4 You shall not copy, modify, add or delete any data stored in the Platform or any terminal during the operation of the Platform, or the interaction data between the client terminal and the server during the operation of the Platform, or the system data necessary for the operation of the Platform, including but not limited to using plug-ins, or non-authorized third party tools/services to access or log into the Platform.

3.5 If we reasonably believe that your behavior violates or may violate the Agreement, we, at our sole discretion, reserve the right to terminate your using of the Platform at any time without prior notice, and impose penalties including but not limited to warnings, restrictions or prohibitions on the use of some or all functions. We reserve the right to pursue relevant responsibilities in accordance with relevant laws and regulations.

4. Third-party Technologies

4.1 The Platform includes certain third-party software, which is governed by the applicable license terms between We and such third-party provider and you agree to be bound by the terms and conditions of such third-party licenses. At your request, We will make available to you such terms and conditions. We disclaims any liability with respect to the use of such third-party software. You fully understand and agree that in order to ensure the operation of the Platform or the realization of related services, we may use third-party software or technologies, including but not limited to API and open-source code.

4.2 Please note that third-party software or technology owners may change their agreements or relevant rules due to version upgrades, policy adjustments, etc., For details, please refer to the official instructions published by the third parties. Unless authorized by such third party, you shall not use the third-party software in any manner that infringes such third-party’s rights.

4.3 We make no warranty, either express or implied, as to the legality or availability of any such third-party software, services or content. Any dispute, loss, damage or claim arising out of the third parties’ software, technology and related services shall be resolved by you with the third party. We shall not be liable to you or any third party in respect thereof. We does not offer customer service support for third-party software or technology and you should contact the third party yourself for any needs.

5. Breach of Contract

5.1 You fully understand and agree that we reserve the right to cancel or terminate your Account or use of the Platform (or any part of the Platform Services) and delete any of your content from the Platform if we believe that you have breached this Agreement. You agree that the services provided under this Agreement may be discontinued or terminated by us without prior notice, and you acknowledge and agree that we may close or delete your Account as well as all information and files in the Account and/or prohibit you from continuing to use the aforementioned files or the Platform services at any time.

5.2 You fully understand and agree that we have the right, in our reasonable discretion, to impose penalties for violations of the relevant laws and regulations or the provisions of this Agreement, to take appropriate legal action against any user who violates the law, and to keep the relevant information for reporting to the relevant authorities in accordance with the laws and regulations, etc. The user shall solely bear all legal responsibilities arising therefrom.

5.3 You shall be responsible for any third-party complaint, lawsuit or claim which is caused by your violation of this Agreement. We reserve the right to ask for a compensation if we or our affiliates compensate any third party or be punished by authorities due to your illegal use of this Platform.

6. Intellectual Property Statement

6.1 We are the owner of the intellectual property rights related to this Platform. The intellectual property includes but not limited to any copyrights, trademarks, patent, trade secrets, trade names, domain names and other intellectual property rights of this platform, as well as all information content (including but not limited to text, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.). You may not reproduce, alter, copy, send or use any of such intellectual property for any purpose out of this Agreement.

6.2 All rights contained in the name of this Platform (i.e. [PlanetEV Co., Ltd] Charge Cloud Platform) and the logo are owned by us. You shall not use any of our trademarks, trade names, domain names, platform names or other distinctive brand features (collectively, the "Marks") without our prior written consent. Otherwise, without our prior written consent, you shall not display, use or apply for trademark registration, domain name registration of the aforementioned marks alone or in combination, nor shall you express or imply to others the right to display, use, or otherwise have the right to deal with such marks.

6.3 Without our written consent, you shall not implement, use or transfer the above intellectual property rights to any third party for any commercial or non-commercial purposes.

6.4 Without our authorization, you may not reverse engineer, decompile or disassemble the Platform and any related intellectual property rights, or otherwise discover, copy, misappropriate the original code of this Platform, as well as any act suspected of copyright infringement. At the same time, you shall not directly or indirectly publish, broadcast, disclose the above content or materials in any media or public channels, or use them for any other purpose.

7. Disclaimer

7.1 You understand and agree that in the process of using the relevant services of this Platform, you may encounter force majeure and other factors (Force majeure refers to objective events that cannot be foreseen, overcome or avoided), including but not limited to epidemics, government actions, natural disasters (such as floods, earthquakes, typhoons, etc.), network reasons, wars, strikes, riots, etc. In the event of such force majeure, we will endeavor to repair the situation in the first instance, but we are exempt from liability for any loss caused by suspension, termination of service or force majeure to the extent permitted by laws and regulations.

7.2 You fully understand and agree that we need to regularly or irregularly overhaul or maintain the Platform or related equipment that provides services. If such circumstances cause the interruption of the Platform service within a reasonable period of time, we shall not be liable for any interruption. We also reserve the right to suspend any service for repair, maintenance, upgrade or other purposes which we will notify in advance as much as possible.

7.3 You fully understand and agree that we may change the Platform services or remove some of its features for reasons that cannot be foreseen in advance. We will use our best endeavors to notify you by reasonable means before discontinuing or terminating the service. If we have given reasonable notice, we shall not be liable to you or any third party.

7.4 We are not be responsible for: (A) any negative impact on your computer system due to any computer virus, or other malicious software, programs, code, etc., in any way, or for causing your system to crash or have other technical problems; or (B) any act, omission or negligence of any third party using any third party application or service in the course of providing or accessing the Platform.

7.5 In any case, we shall not be liable for indirect, special, incidental, punitive, consequential losses, or profit losses caused by your use of the Platform services.

8. Miscellaneous

8.1 By accessing or using this Platform, you are deemed to have read and agreed to be bound by this Agreement. We reserve the right to amend the terms of this Agreement as necessary. You may review the terms of the latest version of this Agreement on the login interface of this Platform. By accessing or continuing to use the Platform after the terms of this Agreement have been changed, you are deemed to have accepted the revised Agreement. If you do not accept the modified Agreement, you should stop logging in or using the Platform.

8.2 If the provisions of this Agreement are partially invalid or unenforceable, the remaining provisions shall remain valid and binding on both parties.

8.3 This Agreement constitutes the entire agreement between the parties with respect to the matters stipulated in this Agreement and other related matters and does not give the parties to this Agreement other rights except as provided in this Agreement.