EMQ Terms of Service
Effective Date of this Version: August 13, 2021
You ("User" or "You") are welcome to access the EMQ Service Platform (including, but without limitation to, the https://www.emqx.com/zh website, WeChat public account, mini program, App, cloud service platform, collectively, this "Platform") operated and managed by EMQ Technologies Co., Ltd. ("EMQ" or "we"), so as to use the products and services provided by EMQ.
Before you use the services of this Platform for the first time, you shall carefully read and choose whether to accept this EMQ Terms of Service (this "Agreement"). In this Agreement, we will endeavor to use clear and concise wordings in order for you to easily understand, and will remind you in a clearly noticeable manner (e.g., bold, underline, etc.) to pay attention to and understand, the relevant provisions of this Agreement having a material interest with you. It is important that you carefully read and fully understand all the provisions in this Agreement, in particular those provisions relating to the release or limitation of liability of this Platform and the dispute resolution provisions. If you do not agree to any provision in this Agreement, please do not move to the next-step operation; if you are unable to accurately understand the relevant terms, you may consult with the customer service of this Platform. You may also download a copy of this Agreement via the EMQ’s official website at https://www.emqx.com/en/terms-service.
Once you click to confirm or elect to use the services of this Platform or otherwise elect to accept this Agreement, it means that you have fully read, understood and accepted all the provisions in this Agreement and have agreed with this Platform to become a User of this Platform. This Agreement is legally binding on you and this Platform. This Platform shall have the right to amend this Agreement at its sole discretion if necessary, and the amended agreement shall take effect from the effective time announced by this Platform, and will be notified to you prior to the effective time via one or more of the following means: announcement, pop-up window, site letter, official account, email, SMS of this Platform. You have access to the latest version of this Agreement at any time on this Platform. If you do not agree to the amended agreement, you shall have the right to discontinue your use of the services under this Platform; if you continue to use the services under this Platform after the update or amendment of this, you shall be deemed to have agreed to and be bound by it.
This Service means the products and services provided by the EMQ Service Platform to the Users (collectively, the "Services"). The specific products and services shall be subject to the display pages and applicable relevant service rules (including, but without limitation to, specific agreements, instructions, descriptions, etc.) of the EMQ Service Platform at the time of purchase of any specific products and services.
Scope of Application
- You acknowledge that you shall be a natural person, legal person or any other organization with full capacity for civil rights and full capacity for civil conduct under the laws of the People’s Republic of China when you complete the registration process or otherwise actually use the Services in a manner permitted by EMQ. If you do not have such qualifications, you and your legal guardian shall bear all the consequences arising therefrom and we shall have the right to cancel your account and reserve the right to hold you liable accordingly.
- You must also ensure that you are not the subject of trade restrictions, sanctions or other laws and rules imposed by any country, international organization or territory. Otherwise, you may not be able to properly register and use the Services.
- You shall read and agree to this Agreement and complete the account creation process in accordance with the registration/log-in page prompts of this Platform, so as to create the account on this Platform. In the course of registering the account with this Platform and using the Services, you shall provide and timely update the legal, true, accurate and complete identity information in accordance with our requirements so that we may provide you with the Services and perform related obligations in accordance with laws, regulations and regulatory requirements.
- We have the right to immediately discontinue (or terminate) the provision of the Services to you if we find or have reasonable grounds to suspect that the identity information provided by you is illegal, untrue, inaccurate or incomplete, and we shall refuse your request to use all or some of the Services at present or in the future, and any losses suffered by you as a result thereof shall be solely borne by you. If you fail to promptly update your identity information, thus causing us unable to provide you with the Services in a timely manner or resulting in any error in the processes and operations relating to the Services, you shall be responsible and liable for the consequences arising therefrom, and we reserve the right to discontinue (or terminate) your use of the Services under this Platform.
- EMQ may notify you of the progress of the Services and remind you of the next-step operation by means of the announcement of this Platform, pop-up window, email, site letter, official account, text message or telephone call. You should log in the EMQ account in time to view and operate in the course of the Services.
- Normally, your account is your unique identity for all your activities on the website, and unless otherwise agreed, each account may conduct its activities independently on the Platform. However, EMQ shall have the right, in its sole discretion, to unify the multiple accounts owned by the same and/or connected legal entities. For example, based on the connected information used by different accounts in the registration, log-in and use processes, EMQ determines that they are actually the same user. Examples of connected information: the same identity document, the same mobile number, the same payment account number, the same device, the same address, etc.
- You may not transfer, grant or permit others to inherit your account in any way except as expressly provided by laws, judicial decisions or with the consent of EMQ.
- Your account and password shall be set by you at your sole discretion and be kept by you, and you must keep your account and password confidential. EMQ shall identify your instructions by your username and password, and all the operations by you via your username and password are deemed to be your own operations, instructions and may not be withdrawn or cancelled. You shall be responsible for the consequences of EMQ carrying out such operations and instructions in connection with the provision of the Services. You need to ensure that you leave the website by following the correct steps at the end of each Internet access period. EMQ shall not be liable for any losses or consequences arising from your voluntary disclosure or from others’ attack, fraud or other acts you have suffered, and you shall recover from the infringer through judicial, administrative and other remedies.
- You shall be responsible for all the actions under your account, including, but without limitation to, online execution of agreements, posting of information, purchase of products and services and disclosure of information.
- The name, profile photo, etc. that you use to register on this Platform are subject to laws and regulations, public order and social morality and do not infringe the legitimate interests of other third parties. Otherwise, we have the right to impose restrictions on your EMQ account, which includes, but without limitation to, blocking, revoking the name and/or profile photo of your account and discontinuing the provision of some or all of the Services.
- In order to better provide you with the Services and to keep you informed of your use of the Services, you agree that we may present the Services information to you via the relevant pages and information channels on this Platform, subject to relevant laws, regulations and regulatory requirements.
You can use the Services provided by this Platform via this Platform. For the avoidance of doubt, we reserve the right to make changes to the functions of the Services in due course, subject to the service items actually offered or provided by this Platform to you at the time of your application for subscription or use. Please note that by clicking, browsing, authorizing or actually using the relevant functions and services via this Platform, you shall be deemed to have agreed to the commencement of relevant functions.
Rights and Obligations of Users
- You acknowledge and agree that you shall comply with laws and regulations, and shall enjoy rights and perform obligations in accordance with laws and regulations and agreements, in the course of use of the Services agreed in clause 4 of this Agreement.
- When using the Services, you warrant that you will:
- comply with national and local laws and regulations, industry practices and social and public ethics and will not use the Services offered by EMQ to store, disclose or disseminate the following information and contents:
- Any content (information) that is contrary to the laws and regulations of the State;
- Political propaganda and/or news information that is in violation of the State regulations;
- Information involving State secrets and/or security;
- Feudal superstition and/or obscene, pornographic, indecent or crime-abetting information;
- Gaming with awards and gambling games;
- Information that is contrary to the national and religious policies of the State;
- Information that impedes the security of Internet operations;
- Information that infringes the lawful rights and interests of others and/or other information or contents that are prejudicial to social order, public security, public morality.
- You also undertake not to facilitate the posting by others of such information which would violate national regulations and/or the provisions of this Agreement, including, but without limitation to, the setting of URLs, BANNER links, etc.;
- There shall be no breach or attempted breach of network security, including the use of technology or other means to damage or disrupt this Platform;
- Your use of the Services shall comply with provisions in this Agreement;
- If you breach the above guarantees, EMQ shall have the right to freeze or cancel some or all of the functions under your Account, in addition to deleting the information, discontinuing or terminating the Services in accordance with the relevant terms of service;
- For some of the businesses covered by this Platform, you are required to separately enter into agreements with EMQ, and you shall perform all of your obligations strictly in compliance with such agreements. Otherwise, you will not be able to continue to enjoy the services and products provided by EMQ.
- comply with national and local laws and regulations, industry practices and social and public ethics and will not use the Services offered by EMQ to store, disclose or disseminate the following information and contents:
- You warrant that when using the Services, you will not engage in or facilitate the following activities, which includes, but without limitation to:
- Any misuse of EMQ resources and any meaningless creation or deletion of EMQ resources, including, but without limitation to, any conduct relating to hacking, virtual currency mining, grid computing, panic purchase, etc.;
- Any change to or attempted change to the configuration or security of the systems provided by the Services;
- Any interference or attempted interference with the normal running of any product, service or function of EMQ;
- Any use of technical or other means to damage and disrupt the websites and services of EMQ and other EMQ users;
- Any carrying out of illegal or unauthorized access, misappropriation, interference or monitoring;
- You are subject to frequent or large-scale DDOS attacks as a result of the business that you are engaged in. You acknowledge that EMQ shall have the right to elect to suspend account access, discontinue the Services or terminate the provisions of the Services to you without refund in the event that you suffer from such attacks; you shall indemnify EMQ and third parties against any losses incurred by EMQ and third parties as a result thereof;
- You acknowledge and agree that if EMQ discovers by itself, or finds at the request of the relevant regulatory authority or based on complaints from the relevant obligee, that you have breached the relevant laws and regulations or the provisions in relation to your obligations under this Agreement (including the relevant EMQ agreements and rules), EMQ shall have the right to take one or more of the following actions (as the case may be), as necessary and if required,:
- request you to delete and modify the contents immediately;
- request you to delete and block the contents directly;
- discontinue some or all of the Services used by you;
- and terminate the Services used by you. The consequences and liabilities arising therefrom shall be solely bone by you, and you shall indemnify EMQ against any losses suffered by EMQ (including, but without limitation to, the administrative penalties imposed on EMQ by any administrative authority as a result thereof).
Force Majeure and Other Disclaimers
- You understand and agree that in the course of use the Services, there may be force majeure (i.e., an objective event which is unpredictable, insurmountable, unavoidable and has a material impact on one or both of the parties) or technical risks which may cause the interruption to the Services. Upon occurrence of any of the following, we will endeavor to repair the Services as soon as possible, in conjunction with the relevant units, but we will not be liable to the extent permitted by law for any losses incurred by you as a result of any interruption to the Services:
- Due to natural disasters such as floods, earthquakes, storms, factors of force majeure such as epidemics, strikes, riots, wars, government actions, judicial or administrative orders, etc.;
- You are unable to use this Platform due to yourself, or the breakdown of the computer software, systems, hardware and communication lines of this Platform or other factors;
- Due to public utilities factors such as power supply failure, communication network failure (including, but without limitation to, failure or delay in electronic communication transmission, interception or manipulation of electronic communications by computer programs used for electronic communication) or due to your own factors (including, but without limitation to, your improper handling, incorrect placing of orders, use of the Services in a manner not authorized by this Platform or due to third party factors (including, but without limitation to, exposure to computer viruses, Trojan or other malicious programs, hacking attacks, etc.);
- Where this Platform has been managed in good faith, due to routine or emergency equipment and system maintenance, equipment and system failures, defects, network and data security, technical risk, etc.;
- Other circumstances which are not attributable to the fault of this Platform or which are beyond the control of or cannot be reasonably forecasted by this Platform.
- In the course of your use of the Services, we are not liable for the following risks:
- any information that contains threatening, defamatory, objectionable or illegal contents, whether anonymous or false, from another person;
- any information that causes you to suffer misleading or fraud from others or causes you to suffer any psychological, physical injury or financial loss.
- In the course of your use of the Services, we have the right to deal with any breach of laws to the extent as provided by laws, but it shall not constitute an obligation or undertaking on our part.
Suspension, Discontinuing or Termination of Services
- We shall have the right to suspend, discontinue or terminate the provision of the Services to you as a result of business adjustments or risk control requirements.
- We shall have the right to suspend, discontinue or terminate the provision of the Services to you without notice if we find that you have suspicious transactions or are suspected of violating laws.
- We shall have the right to suspend, discontinue or terminate the provision of the Services to you if we find that you are in breach of the provisions in this Agreement.
Scope of Liability and Limitation of Liability
- EMQ shall be liable only to the extent of its liability as set out in this Agreement.
- The user information registered with EMQ is provided by yourself and EMQ cannot guarantee its accuracy, timeliness and completeness.
- Any failure to use the Services as a result of system interruption or failure arising out of the circumstances set out in clause 7 of this Agreement shall not constitute a breach by EMQ of contracts, and EMQ shall not indemnify any loss arising therefrom.
- You shall comply with the laws of the People’s Republic of China in the course of your use of the Services, and shall not jeopardize network security or use the Services to engage in activities that infringe on the reputation, privacy, intellectual property and other legitimate rights and interests of others. EMQ shall not be liable for any violation or breach of laws committed by you in connection with your use of the Services.
- EMQ shall only provide operational maintenance in respect of the Services, and you shall ensure that your equipment, network, etc. are secure, stable and satisfy the necessary conditions for the commencement of the Service. EMQ shall not be liable for any liability or losses arising from the failure to provide, delay in providing the Services purchased by you or arising from the defects in the Services purchased by you as a result of your failure to satisfy the above-mentioned conditions. In such event, the obligation of EMQ to provide the Services shall be delayed accordingly, and if you are unable to remove any obstacle caused by yourself within a reasonable period of time, EMQ shall have the right to terminate this Agreement, and you shall be liable for the losses incurred by EMQ.
- You agree that EMQ shall not be liable for the losses arising from the delays, errors or omissions in the transmission of data in connection with your use of the Services, in the absence of gross negligence or fault on the part of EMQ.
- EMQ shall not be liable for the losses suffered by third parties (including, but without limitation to, your end users) who receive the Services indirectly through you.
- The third party services (including, but without limitation to, third party applications provided on this Platform) are provided directly to you by other natural persons, legal persons or other organizations, and any responsibility or risk suffered by you in connection with your use of the third party services shall be solely borne by you.
- To the extent permitted by laws, EMQ shall not be liable for any indirect, punitive, special, consequential loss (including business loss, earning loss, profit loss or loss of other economic benefits) in connection with or arising from this Agreement, howsoever incurred, whether as a result of any breach of this Agreement (including breach of warrants) or by infringement.
- You understand and agree that the Services are provided on the basis of the existing technologies and conditions. EMQ does not guarantee that the Services provided are free from defect; therefore, even if the Services provided by EMQ have some defects, such defects will not be deemed to constitute EMQ’s default if they are unavoidable by the industry’s technical standards at that time, and you agree to work with us to find a solution to the above issues.
Privacy Protection and Confidentiality
Protection of Intellectual Property Right
- Based on your use of the Services and in the course of your use of the Services, the intellectual property rights in the software and related technical information involved in the products or services provided by EMQ to you shall be owned by EMQ and our affiliates or partners.
- Except as otherwise provided in this Agreement, the intellectual property and ownership rights in the above software and technical information remain with EMQ and our affiliates or partners, and you may not delete, modify or hide any copyright, trademark or other proprietary statements contained in the related software provided by EMQ and/or third parties.
- You warrant that you do not infringe any third party intellectual property rights in the course of use of the Services. If you violate the above provisions, EMQ shall have the right to terminate all or some of the Services provided to you in accordance with this clause and other relevant provisions of this Agreement, and any loss incurred by EMQ and/or any third party will be solely borne by you.
- It is explicitly understood between the parties that the trade names, trademarks, brands and other marks of either Party are the exclusive property of that Party and nothing in this Agreement shall constitute a grant by one Party to the other Party of the license to use such trade names, brands and other marks. Save as expressly provided herein, neither party shall display or use, or permit any third party to display or use, any trade name, trademark, brand or other marks of the other party without the written consent of the any relevant party.
- Even though the above-mentioned provisions on intellectual property rights contain the relevant provisions on rights, EMQ specifically states that the intellectual property rights in the contents of this Platform (other than the products and services provided by third parties) which include, but without limitation to the works, pictures, files, information, materials, website structure, website image layout and webpage design, shall be legally owned by EMQ. Such intellectual property rights include but without limitation to trademark rights, patent rights, copyright, trade secrets, etc.; no person shall use, modify, reproduce, publicly disseminate, alter, distribute or publicly publish the contents of this Platform without the written consent of EMQ.
- This clause shall survive the termination of this Agreement and shall remain in effect for the parties hereto.
Liability for Default
- Your default shall be deemed to have occurred if:
- You use the Services in violation of relevant laws and regulations;
- You breach this Agreement or any supplemental agreement to this Agreement, if any.
- If your actions result in losses (including, but without limitation to, its/their own direct economic losses, loss of goodwill and such indirect losses as liquidated damages, settlements paid to third parties as well as attorneys’ fees, litigation fees, etc.) to EMQ and/or its affiliates, you shall indemnify EMQ and/or its affiliates against all of the above losses.
Governing Law and Settlement of Disputes
- Unless otherwise agreed in this Agreement or otherwise agreed in writing by the parties, this Agreement shall remain in effect for the duration of your use of the Services.
- This Agreement is executed at Yuhang District, Hangzhou City, Zhejiang Province, the People’s Republic of China.
- The establishment, effectiveness, performance, interpretation of this Agreement and the dispute resolution hereunder shall be governed by the laws of the PRC mainland (excluding the laws of conflicts).
- Any dispute or controversy between you and us arising out of this Agreement shall first be resolved through friendly negotiation, failing which, you agree to submit the dispute or controversy to the people's court with jurisdiction at the place where this Agreement is executed.
- Miscellaneous The headings for all provisions in this Agreement are for convenience only and do not affect in any way the interpretation of this Agreement.
- You may not assign your rights and obligations under this Agreement to any third party without our written consent. However, in order to ensure the continuing provision of the Services to you, we may transfer all or part of our rights and obligations under this Agreement to a third party by delivering appropriate notices to you, such as written notice or online announcement.
- We may notify you by electronic means when you use the Services, including but not limited to the official account of WeChat, email, SMS, telephone, APP and website announcement or site letter.
- If any provisions of this Agreement are partially invalid for any reason whatsoever, the remaining provisions of this Agreement shall remain in force and binding on the parties.
EMQ Technologies Co., Ltd.