Service Agreement

 

This Agreement is only applicable to [ZKBio CVSecurity V6600 and its services (hereinafter referred to as "ZKBio CVSecurity")].

Last updated: October, 2022.

If you have any questions, comments or suggestions, please contact us via the following means:

Email: zkbiosecurity@zkteco.com

 

[Important Notes]

Services under this Agreement are provided by the software developer or distributor or service provider (hereinafter referred to as "our company" or "us"). Please carefully read and fully understand all the terms and conditions of this Agreement, especially important provisions in bold font on liability for breach of contract, limitation of liability, dispute resolution and other matters before you apply for a ZKBio CVSecurity account and use related products and services provided by our company. If you do not agree with any content of this Agreement, or cannot understand the exact meaning of any provision, do not proceed. By clicking "Confirm" this Agreement or actually using this service, you have fully read, understood and accepted all the terms and conditions of this Agreement, and have reached an agreement with our company to be bound by this Agreement voluntarily.

If you click "Agree" or register, log in or use this service, it will be deemed that you agree to be bound by all the terms and conditions of this Agreement. If you register, log in or use this service on behalf of an enterprise, you agree to be bound by this Agreement on behalf of such enterprise, and it will be deemed that the enterprise you represent agrees to be bound by this Agreement. You understand and acknowledge that your acts will be regarded as those of the enterprise you represent. You undertake that you have the right to do anything on behalf of the enterprise, and that you have the right to bind the enterprise by this Agreement.

You acknowledge that this Agreement may be updated by our company at any time to reflect the changes of laws and regulations and to meet the needs of future development. The update will be released on our official website or the platform, or via email or by other means. Updated terms and conditions will replace the original ones immediately upon release without further notice. You shall check the announcement related to this software from time to time. If you disagree with any update or modification, you shall immediately stop using this service. If you continue to use this service after this Agreement is updated, it will be deemed that you have accepted the update.

You acknowledge that before you start to register and use this service, you shall have the capacity for civil conduct required by your act. If you do not have the above-mentioned capacity for civil conduct required by your act, you and your guardian shall bear all the legal consequences caused thereby.

 

[Terms and Conditions]

I. Scope of the Agreement

1.1 This Agreement is entered into by and between you and our company regarding your registration of a ZKBio CVSecurity account to use our service.

1.2 The applicability of this Agreement is determined by the current products or services provided by our company (hereinafter collectively referred to as "our service" or "this service"). Unless otherwise expressly stated by our company, you will be bound by this Agreement when using our service. By using any individual service of our company, you agree to the service agreement of such individual service and all kinds of announcements and rules issued by our company in such individual service (hereinafter collectively referred to as "Individual Agreement") as required by such individual service. In this case, both the Individual Agreement and this Agreement will be effective for you. If there is any conflict between any Individual Agreement and this Agreement, the former shall prevail within its applicable scope.

 

II. Account Registration and Use

You are required to register a ZKBio CVSecurity account when using our service. When you register and use your ZKBio CVSecurity account, you shall comply with the following requirements:

2.1 Account registration and use

You can change the initial administrator password of ZKBio CVSecurity by following the prompt instructions on the registration page when you log in for the first time.

2.2 Account security

2.2.1 Your account is set and kept by you. At no time will our company request your account password. Therefore, it is recommended that you keep your account properly. Our company will not be responsible for the losses and consequences caused by your disclosure of your account or your account being attacked or scammed. You shall recover from the infringer through judicial and administrative remedies.

2.2.2 If you are aware of any unauthorized use of our service with your ZKBio CVSecurity account or other circumstances that may lead to the theft or loss of your account, please inform our company immediately. You understand that it takes a reasonable time for our company to take action on any of your requests, and the actions taken by our company at your request may not be able to avoid or prevent the formation or expansion of infringement consequences. Our company will take no liability except for our statutory fault.

        

III. User Code of Conduct

3.1 You agree not to make, copy, publish or disseminate any content that violates laws and regulations or infringes on the legitimate rights and interests of other users or third parties by using ZKBio CVSecurity account or our service, including but not limited to:

3.1.1 Publish, transmit, disseminate or store any content that is in violation of or prohibited by national laws and regulations, including content that:

(1) Violates the basic principles as set by the Constitution of the People's Republic of China;

(2) Endangers national security, divulges national secret, subverts the state's political power, and undermines state unity;

(3) Damages the honor and interests of the state;

(4) Incites ethnic hatred and discrimination, and undermines ethnic solidarity;

(5) Undermines the state's religious policies and advocates heresy or feudalistic superstition;

(6) Spreads rumors, disturbs social order, and destroys social stability;

(7) Spreads obscenity, pornography, gambling, violence, terrorism or instigates others to commit crimes;

(8) Insults or slanders others, and infringes on legitimate rights and interests of others;

(9) Incites unlawful assembly, association, procession, demonstration and mobs to disturb social order;

(10) Organize or carry out activities of illegal organizations;

(11) Engage in any other act prohibited by laws and administrative regulations.

3.1.2 Publish, transmit, disseminate, and store content that infringes on other people's legal rights such as reputation, portrait, intellectual property, and trade secrets;

3.1.3 Engage in any act that involves other's privacy, personal information or profile;

3.1.4 Publish, transmit and spread harassment information, advertisement, over-marketing messages, spam or content containing any pornography or sexual cues;

3.1.5 Publish, transmit and spread other information that violates laws, regulations, policies, public order and good custom, social morals, or disturbs normal operation of our company's service or infringes on the legitimate rights and interests of other users or third parties.

3.2 You agree to use our service in accordance with this Agreement, Individual Agreements, system rules and other applicable regulations, and not to engage in any act that damages our service system and infringes on our legal rights.

3.3 You shall abide by the agreements signed with service providers when registering your account, ordering and using third-party services, and timely fulfill the related obligations and responsibilities such as proper account management and payment (if any).

3.4 You fully understand and acknowledge that you shall be responsible for all acts under your registered or certified ZKBio CVSecurity account, including any content you publish and any consequences arising therefrom. You shall also understand and acknowledge that our company can't control your usage, but we have the right to refuse to provide services for illegal or infringing usage. Therefore, if we find or receive complaints and reports that your usage of our service is not in compliance with laws and regulations or this Agreement, we have the right to independently determine your act and applicable rules, and take actions accordingly, including giving a warning, refusing to publish your content, deleting your information, restricting features to you, suspending updates and services, terminating service to you, or even closing your account, reporting to competent regulatory organ or national agencies, claiming compensation from you, and keeping related records. In addition, you shall be fully liable for any third-party claim (if any) caused from your aforesaid acts. You shall understand and acknowledge that, in addition to the information provided by the complainant and the whistleblower, our system records may also be used as relevant evidence of your violation of the law or this Agreement.

 

 

 

IV. Protection and Authorization of User Information

4.1 You understand and acknowledge that all the data and personal information (including biometric information) processed by yourself during your usage of the product are in compliance with all applicable laws and regulations. You further understand and acknowledge that you have faithfully fulfilled your statutory obligations, including but not limited to the obligation to fully disclose to relevant individuals, the public, regulatory authorities, and others the data and personal information processing involved in the use of the product, and disclose that your use of the product to process data and personal information is legal, by legally obtaining the consent from relevant subjects (including individual consent), for instance.

4.2 You understand and acknowledge that we only provide the product, and we will not access, collect or store data such as videos, pictures and personal information captured by the product unless you independently entrust us to process data in accordance with the law. If you deploy applications with our algorithm capabilities by yourself or through a third party, which involves data and personal information processing, you or such third party shall be responsible for the compliance of such data and personal information processing.

4.3 As the data continuously generated by the product and service represents the claims, value propositions or other demands of stakeholders, it is essential to protect the product from intrusion, and ensure network security and data security. You understand and acknowledge that as a product user, network operator and data processor, you shall take reasonable and necessary measures to ensure network security and data security in accordance with the law, and avoid data leakage, improper disclosure, and illegal use.

4.4 As you decide the use of the product, as a product provider, we can't control the object or scope of the product usage, nor can we effectively control the specific usage of customers, nor can we guarantee the legality, correctness, completeness, authenticity or quality of the customer's content or your way and purpose of use. Therefore, you shall solely be liable to comply with laws and regulations for your own acts. We do not provide any warranty or guarantee of compliance for your acts. The provision of the product and any provisions of this Agreement may not be understood as we have provided any form of help or convenience for your acts.

 

V. Breach of Contract by Users and Consequences

5.1 Determination of breach of contract

It is deemed as your breach of contract if you have any one of the following acts:

(1) Use ZKBio CVSecurity service in violation of relevant laws and regulations.

(2) Violate this Agreement or any supplementary agreement hereto.

5.2 Liability for compensation

5.2.1 You shall fully compensate for any losses (including direct economic losses, attorney fees, legal fees, notary fees, preservation fees, settlement payments, and indirect economic losses such as compensation we paid externally for goodwill loss) to our company caused by your acts.

5.2.2 If your act causes any third-party claim against our company, we may recover all the losses from you after assuming the obligation of money payment to such third party.

 

VI. Effective Notice

All the notices of our company to you under this Agreement can be made through website announcement, email, system notice, active account contact, private message, short message, regular mail, or other means. Such notice shall be deemed to have been delivered to recipients at the date of sending.

 

VII. Termination

7.1 Termination circumstances

7.1.1 You have the right to terminate this Agreement in any of the following ways:

(1) Stop using ZKBio CVSecurity service and express your unwillingness to accept related changes before any supplement and/or change of this Agreement or related rules take effect;

(2) You express your unwillingness to continue using ZKBio CVSecurity service and meet the termination conditions required by ZKBio CVSecurity service.

7.1.2 Our Company may terminate this Agreement in an effective manner as stipulated herein by sending you a notice if:

(1) You violate this Agreement in accordance with the breach of contract clause;

(2) Our company believes on reasonable grounds that your act may cause serious damage or legal liability to our company or a third party;

(3) Other circumstances in which the service shall be terminated.

7.2 Consequences of termination

7.2.1 After the termination of this Agreement, our company has no obligation to disclose any information in your account to you or your designated third party, except as expressly provided by law.

7.2.2 After the termination of this Agreement, our company shall still have the right to:

(1) Keep all kinds of information listed in this Agreement that you keep in ZKBio CVSecurity service within the statutory time limit;

(2) Hold you responsible for your previous breach of contract in accordance with this Agreement.

 

VIII. Limited Warranty

8.1 You expressly acknowledge and agree that, to the extent permitted by applicable laws, you shall use this service at your own risk, and you shall bear all risks related to quality satisfaction, performance, accuracy and efforts. To the maximum extent permitted by applicable laws, this service is provided "as is" and "as available" with all defects and without warranty of any kind. Our company hereby disclaims any express, implied or statutory warranties and conditions for this service, including but not limited to implied warranties and/or conditions about merchantability, quality satisfaction, suitability for a specific purpose, accuracy, uninterrupted enjoyment, and non-infringement of the rights of third parties.

8.2 Our company does not warrant that: (i) you can enjoy this service without interference; (ii) some services provided by this service will meet your requirements; (iii) this service will function without interference and error; (iv) any service will be continuously provided; (v) defects of this service will be corrected; or (vi) this service will be compatible or interoperable with any third-party software or services.

8.3 You understand that this service involves the Internet, which may be affected by unstable factors in all links. Your needs may not be met due to potential service interruption or obstruction caused by force majeure, computer viruses, hacker attacks, system instability, your location, your shutdown, illegal content and information, harassment information shielding, and any other network, technology, communication lines, computer failures, information security management measures, etc. You agree to bear the above risks yourself. Our company bears no liability for all losses suffered by you caused by your inability to receive video data or your receipt of wrong data.

8.4 No oral or written information or opinions given by the authorized representative of our company (without the seal of our company) shall be deemed as warranty of any kind.

 

IX. Limitation of Liability

9.1 Our company shall perform our basic guarantee obligations in accordance with the law, but may bear no liability for breach of contract for inability, defect, delay or change in performance of our obligations due to:

(1) Regular overhaul or maintenance of the service platform, the software and hardware updates;

(2) The server's failure to function properly due to damage;

(3) Sudden failure of hardware and software equipment and electronic communication equipment;

(4) Network provider line faults or other faults;

(5) The need to safeguard national security, public interests or the personal and property safety of other users and third parties in case of emergency;

(6) Force majeure and other reasons attributable to third parties.

9.2 Our company shall have the right to change, interrupt or terminate some or all services at any time without notice based on the overall operation of our company and our affiliated enterprises or relevant operation norms and rules. You agree to waive our company's responsibility for any loss caused to you thereby. Please fully understand the risks that may be posed by such circumstances and agree to bear all possible adverse consequences and losses.

 

X. Application of Laws, Jurisdiction and Others

10.1 The validity, interpretation, change, performance and dispute resolution of this Agreement shall be governed by the laws of your region/country. If there are no relevant laws and regulations, commercial practices and/or industry practices shall be considered.

10.2 Unless otherwise agreed by both parties, you agree that our company has the right to transfer part or all of our rights and obligations hereunder to meet our business needs by notifying you in advance in reasonable ways through legal procedures in an effective manner agreed in this Agreement.

10.3 Any dispute arising from or related to this Agreement or ZKBio CVSecurity service shall be settled by you and our company through negotiation. If negotiation fails, either party may file a lawsuit to the people's court with jurisdiction. If there is any conflict between any Individual Agreement and this Agreement on jurisdiction, the former shall prevail within its applicable scope.

10.4 If any provision of this Agreement is held to be revoked, invalid or unenforceable, such provision shall be deemed severable and will not affect the validity and enforceability of other provisions of this Agreement.

10.5 Our Company's failure to exercise, timely exercise or fully exercise any of our rights under this Agreement or laws may not be deemed as a waiver of such right, nor may it affect our company's exercise of such right in the future.