Thank you for choosing "Jiangdu" APP software (hereinafter referred to as "the APP"). The APP is owned and operated by FJ Dynamics Technology Co., Ltd. (hereinafter referred to as "Fengjiang"). Please carefully read to ensure full understanding all the contents of the Terms of Service and Privacy Policy (hereinafter referred to as "this Agreement") before using the APP. If you do not agree to this Agreement or any of its terms, please stop using the App immediately. By continuing to use the App, you signify your acceptance of the contents of this Agreement, which constitutes a binding legal document for you and Fengjiang.Please make sure to carefully read and fully understand and choose to or not to accept the terms herein, especially disclaimer or limitation of liabilities, and separate agreements for subscribing to or using certain services. The disclaimer or limitation of liabilities may be made in bold to draw your attention.
Article I Definition
1.1 This APP means the "Jiangdu" APP software owned and operated by FJ Dynamics Technology Co., Ltd.
1.2 Ownership and related rights means ownership; intellectual property rights, including but not limited to copyright, patents, trademarks, trade secrets, etc.; other rights to use, utilize, disseminate, reproduce, distribute, edit, modify, and dispose of things, information and its carrier and expression.
1.3 User means the natural person, artificial person or other organization who receives the service of this APP.
1.4 Personal Information means all kinds of information recorded electronically or otherwise that can identify you or reflect your activities, either alone or in combination with other information.
1.5 Network Service means the network storage and download of engineering data, network storage and download of coordinate parameters, network sharing of coordinate data, etc. provided to you by this APP through the Internet.
Article II Service Content
2.1 The services provided through the APP to you include:
(1) Login through SMS or email, and safe exit;
(2) Connect with Fengjiang RTK through Bluetooth or WIFI and set up, register and check the working status of Fengjiang RTK products;
(3) Point acquisition, point layout, line layout, surface layout, power line survey and road layout through Fengjiang RTK;
(4) Other services.
(5) Fengjiang provides you with an individual, non-transferable and non-exclusive license. You may install, use, display and run the software on a single terminal device for non-commercial purposes.
(6) Fengjiang has the right to determine the specific content and form of the software or services and its functions and services (e.g. the software may only be available in a particular country or region and in a particular language) and to add, change, iterrupt and stop the software or services and its functions or services at our sole discretion.
2.2 The specific content of the services provided through the APP may be adjusted in accordance with the changing circumstances. The content of services provided through the APP may be adjusted without any notice to you, and the adjustment shall automatically take effect once it is released. If you do not agree with the above adjustment, you should stop using the service immediately; if you continue to use the service, you are deemed to agree with the adjustment and agree to abide by it.
2.3 The APP is only used to provide the service, and the costs required for communication services related to the service (including but not limited to telephone and broadband fees paid for accessing the Internet) shall be borne by you.
2.4 When using the specific services provided through the APP, you shall meet the corresponding prerequisites and have the corresponding permission. If you fail to do so, you cannot use the corresponding service.
2.5 When you use the APP, the software will collect behavioral data in order to better serve you.
2.6 All other rights not expressly granted by this Article and other terms of this Agreement are reserved by Fengjiang, and you must obtain separate written permission from Fengjiang to exercise these rights. The failure of Fengjiang to exercise any of the above-mentioned rights shall not constitute a waiver of such rights.
Article III User Account Management
3.1 You can use the APP by logining through SMS verification or email. The accounts registered with this APP are intellectual property under the title of FJ Dynamics Technology Co., Ltd. You may use the account as the registrant.
3.2 Some functions of this software may require you to complete login before you can use them. You should follow the instructions on the corresponding page to complete the input of login information.
3.3 Your account number and SMS verification are the only identification measures for using the APP. In order to use the network services provided through the APP, you should enter the correct account name and password or SMS verification code or other identity information in accordance with the corresponding service requirements.
3.4 You should keep the account name, password or cell phone SMS verification code properly. Fengjiang shall not be liable for any loss, forgetting or theft of your account or password due to reasons not attributable to the APP. You agree not to disclose account and password information to others under any circumstances. You shall notify Fengjiang immediately if you suspect that your account is being used by others.
3.5 Your use of the APP after logging in through the account number, password or SMS verification or email is considered as your own behavior, and you shall bear the consequences and responsibilities caused by it.
3.6 You shall not denote, borrow, rent, transfer or sell the account of Fengjiang or otherwise permit non-initial registrants to use the account of Fengjiang. Non-initial registrants shall not use the account of Fengjiang through denotion, inheritance, lease, assignment or any other means. Article IV Rights and Obligations of Users .
Article IV Rights and Obligations of Users
4.1 When using the services under this Agreement, you shall comply with the provisions of national laws and regulations. You shall not commit any illegal or unlawful behavior or violate legitimate rights and interests of any third party.
4.2 You shall not make any change or attempt to change the system configuration of the APP or damage the system security, and shall not intrude into the APP and the national computer information system.
4.3 You shall not copy, modify, compile or recompile the services provided through the APP, nor reverse engineer, disassemble, decompile, dismantle or otherwise attempt to acquire the source code of the services provided through the APP.
4.4 You shall not send, upload and store codes, files, scripts and programs with viruses, worms, Trojan malware or other harmful content.
4.5 You shall comply with all network protocols, regulations, procedures and practices for the use of the network services.
4.6 You shall not engage in any acts that violate laws and regulations or mutual agreement.
Article V Protection of Users' Personal Information
5.1 It is a fundamental principle of Fengjiang to protect the user’s personal information. Fengjiang will take reasonable measures to protect the user’s personal information. Fengjiang adopts professional encrypted storage and transmission method for relevant information to protect the user’s personal information.
5.2 For registering an account or using this service, you shall provide some necessary information. For example, in order to provide you with account registration service or for user identification, you will be required to fill in your cell phone number. Adding the baseline function also requires your consent to use your geographic location. You shall provide real identity information if relevant laws, regulations or policies require it specifically. You will not be able to use the service or will be subject to restriction for any incomplete information you provide.
5.3 In general, you may view and modify the information you submit at any time, but for security and identification purposes (such as claiming your account), you may not be able to modify the initial registration information and other verification information provided during registration.
5.4 You acknowledge that the collection of your location information is necessary for the operation of the software and if you refuse to provide it, Fengjiang may not be able to provide the software and services to you. In order to determine the location of your device and provide location services to you, the software and services may need to collect certain location related data (including but not limited to GPS/satellite signal mobile base stations and WIFI/WLAN hotspot, etc.). Although the software and services will continue to improve location services, the software and services may not be able to determine the location of your device or display inaccurate, imprecise or incomplete location due to missing or poor satellite signals or network connection or other objective or technical reasons. You should not rely solely on the location services of the software and services. For your personal and property safety, please do not share your location information with others.
5.5 Information Use and Disclosure: Fengjiang has the right to obtain, use, store and share your personal information in compliance with laws and regulations. You agree to authorize Fengjiang to collect information about your usage and behavior through technological means, and to freely use thepurely commercial data after desensitization when the data is no longer directed to or relates to your personal identity information.
5.6 Fengjiang will apply all possible security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use or disclosure. Fengjiang will not disclose your personal information to any third party unless: (1) required by relevant laws and regulations or judicial or administrative authorities; (2) for the completion of merger, division, acquisition or asset transfer; (3) for the provision of the services requested by you; (4) Other relevant agreements and rules whereby such transfer or disclosure is permitted.
Article VI Liability for Breach of Contract
6.1 Both parties shall comply with this Agreement. If one party breaches this Agreement and causes damage to the other party, the breaching party shall compensate the Observant party for the damage.
6.2 Unless otherwise agreed by both parties, if you violates any of the obligations, promises, guarantees under this Agreement, Fengjiang has the right to take one or more of the following measures at any time, especially the damage caused to Fengjiang or to the relevant third party:
1) To request you to replace or modify the corresponding content immediately;
2) To restrict or suspend the use of the corresponding services;
3) To suspend the use of all services and terminate this Agreement;
4) To pursue legal responsibilities against you.
6.3 You understand and agree that Fengjiang will make its commercially reasonable efforts to ensure the security of your data storage in the software and the services, however, Fengjiang cannot provide absolute warranty in this regard, including but not limited to the following cases:
6.3.1 Fengjiang shall not be held liable for the deletion or storage failure of your relevant data in the software and services;
6.3.2 Fengjiang has the right to decide the maximum storage period of data in the software and services for a single user at its own discretion based on the actual situation, and to allocate the maximum storage space for the data on the server. You may back up the relevant data in the software and the services by yourself according to your needs;
6.3.3 If you stop using the software and services or the services are terminated or cancelled, Fengjiang can permanently remove your data from the server. When the service is stopped, terminated or cancelled, Fengjiang is not obliged to return any data to you.
6.4 In using the software and services, you shall be responsible the following risks beyond the control of Fengjiang, including but not limited to:
6.4.1 You personal information may suffer loss or leakage due to irresistible factors;
6.4.2 You must choose the software version that matches the installed terminal equipment model; otherwise, any problems or damages caused by the mismatch between the software and the terminal equipment model shall be borne by you;
6.4.3 You shall bear the risks that may be caused by the third party website and related contents when using the software to access such website;
Article VII Terminal Security Responsibility
7.1 You understand and agree that the software, like most software, may be affected by a variety of factors, including but not limited to user’s reasons, quality of network services, social environment, etc.; it may also be interfered by various security issues, including but not limited to illegal use of user information by others for harassment, etc. Therefore, you should strength the awareness of information security and personal information protection, and pay attention to protect password to avoid any losses.
7.2 You shall not create, publish, use or spread any malicious programs that may be used to steal Fengjiang's account and function account or personal information and property of others.
7.3 It is the commom responsibility of Fengjiang and you to maintain the security and normal use of the software. Fengjiang will take the necessary technical measures to protect the information and data security of your terminal equipment in accordance with the industry standard in a reasonable and prudent manner, and you acknowledge and agree that Fengjiang cannot provide absolute guarantee in this regard.
Article VIII Miscellaneous
8.1 This Agreement includes the text of the Terms of Service and Privacy Policy as well as all rules, notices, announcements, etc. (collectively, the "Rules") that have been issued or may be issued related to the APP. All Rules are integral parts of this Agreement and have the same legal effect as the main part of this Agreement.
8.2 Fengjiang reserves the right to modify the terms and conditions of this Agreement and the Rulesin accordance with changes in laws and regulations and operational needs with regard to the APP. Any changes to this Agreement and the Rules will be announced in the form of a new version without separate notification to you. If you do not agree to the relevant changes, you shall immediately stop using the APP. If you continue to use the APP upon any change to the terms of this Agreement, you shall be deemed to agree to and comply with the modified agreement and rules.
8.3 This Agreement is signed in Nanshan District, Shenzhen City, Guangdong Province, People's Republic of China.
8.4 shall apply to The formation, entry into force, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of the mainland of the People's Republic of China (excluding principles of conflict of laws).
8.5 If any dispute arises between you and Fengjiang, it shall first be resolved by friendly negotiation; if such negotiation fails, you agree that if the relevant issue is not resolved within thirty (30) days after the date on which one of the parties to this Agreement gives notice to the other party to negotiate a solution, either party shall have the right to submit the dispute to arbitration by the Shenzhen Court of International Arbitration. The palce of arbitration shall be Shenzhen and the tribunal shall consist of three (3) arbitrators. The arbitral award shall be final and binding on the parties, and the parties hereby waive any right to appeal to any court that may have jurisdiction over the issues in dispute. Unless otherwise determined by the arbitration award, the costs of attorneys' fees, arbitration fee, and attachment fee shall be borne by the losing party.
8.6 The headings in this Agreement are for convenience of reading only and have no actual meaning in themselves and shall not be relied upon for the interpretation of this Agreement.
8.7 If any provision of this Agreement becomes invalid or unenforceable for whatever reason, it shall not affect the validity of any other provision of this Agreement, which shall remain in force and binding on both parties.(End of text)