Products and Services Usage Agreement
<p class="shortdesc"></p>
<p class="p">
<em class="ph i">Products and Services Usage Agreement for CA Certificates Service</em>
</p>
<p class="p"><em class="ph i">Products and Services Usage Agreement for CA Certificates Service</em> is a valid
agreement entered into between Shenzhen Ping An Communication Technology Co., Ltd.
(hereinafter referred to as "Ping An Cloud" or "Party B") and you (hereinafter referred
to as "User" or "Party A") on related matters of products and/or services displayed on
the official website of Ping An Cloud and provided by Party B to Party A. <em class="ph i">Products
and Services Usage Agreement for CA Certificates Service</em> is hereinafter referred
to as "the Agreement."The products, services or product and/or services are hereinafter
referred as "the Service" or "Ping An Cloud Service".</p>
<p class="p"><strong class="ph b">Before accepting the Agreement</strong>, please read all the contents herein
carefully.<strong class="ph b">You have no right to use the Service unless you have read and accepted
all provisions contained herein and other relevant agreements and rules.</strong>Should
you have any questions regarding any of the provisions contained herein, please reach us
via the customer service hotline of Ping An Cloud 4001518800, and Ping An Cloud will
explain such provisions to you.If you cannot understand the explanation accurately, or
if you do not agree with anything contained herein, please do not perform any follow-up
actions.<strong class="ph b">By clicking "confirm" on web pages, actually purchasing or using</strong>
<strong class="ph b">the services provided by </strong> CA Certificates Service<strong class="ph b"> or downloading, printing,
and then affixing a seal, you indicate that you have read and accepted all
provisions contained herein,agreed with Ping An Cloud on subscribing corresponding
</strong>CA Certificates Service <strong class="ph b">and agreed to accept and be bound by all the provisions
contained herein.</strong></p>
<p class="p"></p>
<p class="p">Unless otherwise defined in <strong class="ph b">the Agreement</strong>, the following terms shall have the
meanings set forth below:</p>
<p class="p">Ping An Cloud website refers to the official website of Ping An Cloud with the domain
name of https://pinganyun.com</p>
<p class="p">Ping An Cloud refers to Shenzhen Ping An Communication Technology Co., Ltd., namely
provider of Ping An Cloud products and/or services</p>
<p class="p">Ping An Cloud products and services refer to products and services displayed and provided
to Party A on Ping An Cloud website</p>
<p class="p"><strong class="ph b">In particular, you are reminded to </strong>carefully read and fully understand all
provisions contained herein, especially those on restrictions, disclaimer, the
determination and treatment of violations/breaches, and the selection of competent
courts, which may be highlighted <strong class="ph b">in bold</strong> and/or underlined.</p>
<p class="p"><strong class="ph b">1. </strong><strong class="ph b">Service Content</strong></p>
<p class="p">1.1 "Products and services" in the Agreement refer to the services provided by Party B to
Party A in Ping An Cloud quotations and orders.Ping An Cloud products and services
provided by Party B shall be subject to the provisions of the Agreement.</p>
<p class="p">1.2 When subscribing to or purchasing products or services on Ping An Cloud website,
Party A shall comply with not only the Agreement but also the <strong class="ph b">order agreement</strong> of
the products and services subscribed to and purchased by Party A. The order agreement
shall be an integral part of the Agreement.</p>
<p class="p">During the subscription period, Party B shall offer Party A services pursuant to and
subject to the service level agreed by both parties.</p>
<p class="p">1.3 <strong class="ph b">Third Party Products and Services</strong></p>
<p class="p">1.3.1 If Party A gets or uses any product or service (including but not limited to
products and services provided by third parties such as suppliers in the Ping An Cloud
service market) provided by a third party through Ping An Cloud, Party A shall evaluate
if the product or service meets Party A's requirements.</p>
<p class="p">1.3.2 Party A may need to sign a separate agreement in the form of either electronic or
paper document with the third party for the products or services provided by the third
party, and decide whether to accept the agreement and use the products or services based
on its own circumstances.</p>
<p class="p">1.3.3 Any dispute arising out of Party A's usage of third-party products or services
shall be settled by Party A and the third party through negotiations.</p>
<p class="p"><strong class="ph b">2.Service Price (Not Applicable to Free Products)</strong></p>
<p class="p">2.1 Ping An Cloud will list the service prices on the relevant pages on its website, or
inform you of the fees payable based on the specifications and configurations of the
services you have subscribed to.You shall pay according to the pricing scheme displayed
on the website of Ping An Cloud at the time of your purchase.Unless otherwise specified
herein or agreed by both parties, the specific service content shall be subject to the
instructions on the web page at the time of your purchase.</p>
<p class="p">2.2 You can top up your Ping An Cloud account through online banking service or bank
remittance before subscribing to and paying for the specific services.Payment methods
and other relevant rules shall be subject to the content on web pages of the official
website of Ping An Cloud.You shall pay for the services according to the type of
services you have subscribed to prior to the deadline listed on the website of Ping An
Cloud.<strong class="ph b">Ping An Cloud is entitled not to provide the services you subscribe to
until you pay off all the fees as agreed, and reserves the right to terminate the
services and charge 0.05% of the arrears per day as liquidated damages.</strong><strong class="ph b">If you
fail to pay the fees due within 30 days after the deadline, Ping An Cloud is
entitled to unilaterally terminate the Agreement.If you have also used services of
subscription, the fees for the unused services will be possessed by Ping An Cloud as
liquidated damages.</strong></p>
<p class="p">2.2.1 <strong class="ph b">Subscription Services:</strong></p>
<p class="p">2.2.1.1 If you purchase services in the form of monthly subscription or resource packages
(set packages), Ping An Cloud will not provide the services until you pay off all the
service fees;</p>
<p class="p">2.2.1.2 You shall complete the payment in time after submitting your orders, otherwise
the orders may become invalid, which means both the service content and prices you have
agreed with Ping An Cloud in the orders will become ineffective;</p>
<p class="p">2.2.1.3 If you plan to renew the service you have subscribed to after its expiration,
please pay the renewal fees at least 7 days prior to the expiration of the service
term.</p>
<p class="p">2.2.2 <strong class="ph b">Pay-As-You-Go Services:</strong></p>
<p class="p">If you purchase pay-as-you-go services, you can start and use the services before
payment, and Ping An Cloud will automatically calculate the usage amount of services in
the last one (1) billing cycle (such as hours, days, and months) based on the service
type and deduct the corresponding service fees from the balance of your Ping An Cloud
account.The specific deduction rules and billing items shall be subject to the content
published on the web pages of Ping An Cloud website.</p>
<p class="p">2.3 You shall understand and acknowledge that Ping An Cloud may provide free services
with usage limit or in forms of testing invitation and public beta.Within the free
service limit or period, you are not obligated to pay any service fee.<strong class="ph b">Ping An Cloud
shall not be responsible for any loss that may arise out of using the above free
services or products, but may give the relevant users vouchers or other appropriate
compensation (Ping An Cloud reserves the complete right to interpret the
compensation methods)</strong>; Ping An Cloud does not exclude the possibility of
charging for the above free services or products in the future.In such event, Ping An
Cloud will make the reasonable and best efforts to announce the charging policies and
rules in advance by publishing notices in the appropriate parts of the pages of its
website or sending private messages; When you continue to use relevant services, you
shall make payment subject to the effective charge policies at that time.</p>
<p class="p">2.4 All amount and fees set forth or mentioned herein:</p>
<p class="p">(1) Include relevant taxes;</p>
<p class="p">(2) Shall be paid in CNY;</p>
<p class="p">(3) Shall not be canceled or refunded.</p>
<p class="p"><strong class="ph b">3. </strong><strong class="ph b">Rights and Obligations of User</strong></p>
<p class="p">3.1 You are entitled to use the services you purchase and obtain technical support
services from Ping An Cloud in accordance with the Agreement.</p>
<p class="p">3.2 You shall guarantee that you will not use technology or other means to damage or
disrupt the Ping An Cloud website and the websites of other customers of Ping An
Cloud.</p>
<p class="p">3.3 You shall guarantee that you will use the Service in accordance with the national and
local laws and regulations, industry practices and social public morality, and will not
use the Service provided by Ping An Cloud to store, publish, and spread the following
information and content: content (information) violating national laws, regulations and
policies; political propaganda and/or news in violation of state regulations;
information involving state secrets and/or security; information concerning feudalistic
superstition and/or obscene, pornographic, and indecent information as well as
information that instigates others to commit crimes; information on lotteries and
gambling games; information violating national ethnic and religious polices; information
hampering the secure operation of Internet; information infringing other's legitimate
rights and interests and/or other information or content detrimental to social order and
security and public morality.The User shall also undertake not to facilitate others'
publishing the above information and content violating the national regulations and/or
the terms of the Agreement, including but not limited to through setting links to URLs
and Banners and sending emails and messages.The User shall acknowledge that Ping An
Cloud reserves the right to stop providing services to the User without any refund if
the User breaches the above provisions.The User shall indemnify Ping An Cloud for any
losses arising out of such breach.</p>
<p class="p">3.4 If you breach the Agreement of the Ping An Cloud platform, Ping An Cloud is entitled
to refuse to continue to provide any services to you.</p>
<p class="p">You shall guarantee that you will not abuse any resource of the Ping An Cloud platform,
including but not limited to through behaviors related to any hacker attacks, virtual
currency mining and grid computing.Once any of the above behaviors is found, your host
will be forced to shut down and your account will be frozen immediately.</p>
<p class="p">3.6 You should take, outside of the Service, reasonable and safe technological measures
to ensure the security and integrity of the data stored at servers of Ping An Cloud due
to your utilization of the Service, and assume all responsibilities for the consequences
of your own actions (including but not limited to arrears, self-installation of
software, encryption, or other security measures).</p>
<p class="p">3.7 You shall, in your utilization of the Service, adhere to the requirements provided
herein and by Ping An Cloud, and shall not use the Service to take or facilitate
actions, including but not limited to:</p>
<p class="p">3.7.1 Using the cloud servers of the Service as virtual servers or as a disk space for
rent, or as Proxies or mail servers.</p>
<p class="p">3.7.2 Partaking in illegal online activities, such as gambling, gambling games,
nonofficial servers, and cheating programs;</p>
<p class="p">3.7.3 Releasing, transmitting, and disseminating email advertisements or other types of
spam;</p>
<p class="p">3.7.4 Releasing, transmitting, and disseminating unwelcome or unsolicited emails, E-
advertisements, SMS advertisements, or emails or SMSs containing reactionary,
pornographic, or other harmful information;</p>
<p class="p">3.7.5 Creating or utilizing relevant equipment or configurations to run programs or
processes unrelated to the Service being utilized, resulting in massive occupation of
the server memory, CPU or bandwidth resources in the Service, to an extent that severely
burdens the Service system, or other networks, servers (including but not limited to
local, nonlocal, or foreign networks and servers), products/applications and/or services
used by the users of the Service, or affects the communications between the Service and
the Internet, or between the Service and other networks, and/or within the Service, or
causes server crashes and/or other incidents that render the Service and/or the products
or services inaccessible for other users of the Service;</p>
<p class="p">3.7.6 Performing any actions that disrupt or attempts to disrupt network security,
including but not limited to malicious scanning, illegal intrusion, illegal data
acquisition on other websites or servers using viruses, Trojans, malicious code,
phishing, and/or other methods;</p>
<p class="p">3.7.7 Performing any actions that change or attempt to change the system configurations
provided by the Service, or endanger the system’s security;</p>
<p class="p">3.7.8 Using technological or other means to damage or disrupt the operation of the
Service, or others’ utilization of the Service;</p>
<p class="p">3.7.9 Using any means to disrupt or attempt to disrupt the normal operation of any
product or any components or functions of Ping An Cloud, or developing, releasing,
and/or spreading the tools or methods for disrupting or attempting to disrupt the normal
operation of any products or any components or functions of Ping An Cloud;</p>
<p class="p">3.7.10 Performing any actions in violation of principles of honest conduct, public order,
and public morality;</p>
<p class="p">3.7.11 Engaging in businesses including but not limited to "DNS", "security services",
"domain name proxy", or "reverse proxy", resulting in frequent attacks (including but
not limited to DDoS attacks) on the User.</p>
<p class="p">If it is found that a User performs the aforementioned actions and fails to correct its
actions timely or eliminate its negative impacts as requested by Ping An Cloud, which
threaten the security of the platform or other users of the Service, the host will be
forced to shut down and the account of the User will be immediately frozen.Party B shall
reserve the right to demand indemnification for the losses incurred on it.</p>
<p class="p"><strong class="ph b">4. </strong><strong class="ph b">Rights and Obligations of Ping An Cloud</strong></p>
<p class="p">4.1 Ping An Cloud shall provide you with the services and technical support services you
have purchased as per the Agreement.</p>
<p class="p">4.2 If Ping An Cloud finds, based on its own investigation, or information from relevant
authorities, or complaints from other obligees, your violation of relevant legislations,
regulations or the Agreement, Ping An Cloud is entitled to take one or more of the
following measures based on its independent judgment:</p>
<p class="p">4.2.1 Request you to immediately delete or modify the content in question.</p>
<p class="p">4.2.2 Immediately delete, block or unlink the content in question.</p>
<p class="p">4.2.3 Limit or suspend the rendering of the Service to you (including but not limited to
immediately stopping providing parts of your services, reclaiming related resources, and
imposing operational restrictions on your account).</p>
<p class="p">4.2.4 For severe violations, Ping An Cloud is entitled to terminate its provision of the
Service and the Agreement (including but not limited to immediately stopping providing
all your services and reclaiming related resources), and your payment for the unused
service period shall be possessed by Ping An Cloud as liquidated damages.</p>
<p class="p">4.2.5 You shall be held liable for other violations by law.</p>
<p class="p">4.3 Ping An Cloud is entitled to review your information and determine whether to accept
you as a User of Ping An Cloud Service.</p>
<p class="p">4.4 Ping An Cloud shall reserve the right to unilaterally terminate the Service provided
to you in the event that you violate national or local legislations and regulations or
the Agreement, and to cooperate with responsible national authorities to review your
information.Additionally, Ping An Cloud shall not be responsible for any indirect,
incidental, special, or subsequent damages incurred under any circumstances.</p>
<p class="p">4.5 Ping An Financial shall reserve the rights to force the servers to go down and freeze
your account in the event of your abuse of system resources.</p>
<p class="p">4.6 Third-party software or technologies may be utilized in the rendering of the Service,
if so, Ping An Cloud undertakes to have obtained legal authorization to utilize them,
and shall present relevant agreements and/or other documents in accordance with relevant
laws and regulations or agreements.The said relevant agreements and documents presented
in various forms shall be integral parts of the Agreement, with the same legal effect as
the Agreement, and the User shall adhere to relevant provisions thereof.</p>
<p class="p">4.7 If a User uses CA Certificates Service product or services to engage in matters
prohibited in the part of “Rights and Obligations of Users”, or matters that are illegal
or infringe on others, Ping An Cloud is entitled to review the User, suspend its
account, and delete relevant illegal resources.</p>
<p class="p">4.8 Ping An Cloud may assign part or all of its rights and obligations hereunder to a
third party after notifying you in writing 60 days beforehand.For the purposes of this
paragraph to take effect, both parties hereto shall agree to sign all necessary
documents and take necessary and appropriate measures.</p>
<p class="p"><strong class="ph b">5. </strong><strong class="ph b">Privacy Protection</strong></p>
<p class="p">When Party A signs the Agreement, it is deemed to have agreed and accepted all the
provisions in the Ping An Cloud User Service Agreement
(https://pinganyun.com/ssr/help/others/Legal_documents/Service_agreement) and Privacy
Policy (https://pinganyun.com/ssr/help/others/Legal_documents/Privacy_policy).</p>
<p class="p">5.1 <strong class="ph b">Ping An Cloud will collect necessary data and information </strong>during the provision
of the Service for you, and analyze the data in order to further improve your experience
in using CA Certificate Service <strong class="ph b">of Ping An Cloud and provide upgraded and more
considerate services.</strong></p>
<p class="p">5.2 <strong class="ph b">Without the permission of legitimate the User,</strong>
<strong class="ph b">Ping An Cloud shall not publicize, edit, or disclose any personal information of the
User or non-public content stored on the Ping An Cloud platform, with the following
exceptions:</strong></p>
<p class="p">5.2.1 <strong class="ph b">As required by relevant laws and regulations, or the legitimate service
procedures of</strong>
<strong class="ph b">Ping An Cloud;</strong></p>
<p class="p">5.2.2 <strong class="ph b">For upholding the rights of the User and/or the public under emergency
circumstances</strong><strong class="ph b">;</strong></p>
<p class="p">5.2.3 <strong class="ph b">For safeguarding the trademark, patent, or any other legitimate rights and
interests of</strong><strong class="ph b"> Ping An Cloud;</strong></p>
<p class="p">5.2.4 <strong class="ph b">Other cases in which personal information is required to be publicized, edited,
or disclosed by law.</strong></p>
<p class="p">5.3 <strong class="ph b">You authorize Ping An Cloud to use your personal information in the following
cases (including but not limited to):</strong></p>
<p class="p">5.3.1 <strong class="ph b">Ping An Cloud may share the users' personal information with sponsors for the
purpose of sales promotion or lucky draw.In such cases, Ping An Cloud shall notify
users before sending their information, and users shall be entitled to terminate the
sending process by not participating in the activities;</strong></p>
<p class="p">5.3.2 <strong class="ph b">Ping An Cloud may cooperate with a third party to provide the User with relevant
network services.In such cases, Ping An Cloud shall be entitled to provide the third
party with the user data if the third party agrees to undertake the same
responsibilities of privacy protection as Ping An Cloud;</strong></p>
<p class="p">5.3.3 <strong class="ph b">Provided that no private information of any individual User is disclosed, Ping
An Cloud shall be entitled to analyze and utilize for commercial purposes the user
database as a whole.</strong></p>
<p class="p">5.3.4 <strong class="ph b">To improve the products and services of </strong><strong class="ph b"><strong class="ph b">Ping An Cloud</strong> to better
meet the User’s demands.</strong></p>
<p class="p">5.3.5 <strong class="ph b">Required by the existing laws and regulations of China.</strong><strong class="ph b"></strong></p>
<p class="p">5.3.6 <strong class="ph b">Requested by relevant administrative and judicial authorities under special
circumstances.</strong><strong class="ph b"></strong></p>
<p class="p">5.3.7 <strong class="ph b">Users permit</strong><strong class="ph b"> Ping An Cloud to provide their personal information for a
third party.</strong></p>
<p class="p">5.3.8 <strong class="ph b">Ping An Cloud submits users’ personal information for addressing reported
incidents and initiating proceedings.</strong></p>
<p class="p">5.3.9 <strong class="ph b">Ping An Cloud submits users’ personal information as part of the necessary and
reasonable actions to prevent serious unlawful activities or suspected
offenses.</strong></p>
<p class="p">5.4<strong class="ph b">Service information is collected and stored for purposes of: a. being used to
products and services provided by Ping An Cloud, and b. improving and customizing
the product and services provided by Ping An Cloud, otherwise the product or service
experience will not be that good.Ping An Cloud may automatically collect and store
users’ software and hardware information pertinent to their smart terminal devices
(including smartphones, computers, and TVs) and browsers, the information they
voluntarily upload to Ping An Cloud servers, and their use preferences.Such
information includes but is not limited to users’ smartphone IMEI numbers, login
names, operating systems, IP addresses, cookie data, and information of GPS and
other location services and pages visited by users.</strong></p>
<p class="p">5.5 <strong class="ph b">Ping An Cloud shall take security measures based on its existing technologies to
protect the information in its possession from loss, misuse, and
alternation.</strong><strong class="ph b">Such security measures include data backup on other servers, and
encryption of User passwords.Despite of the measures, Ping An Cloud is under no
obligation to guarantee the absolute security of such information.</strong></p>
<p class="p">5.6 <strong class="ph b">Ping An Cloud shall utilize its legally acquired personal information of the User
for internal purposes, such as auditing, data analysis, research, and sharing with
affiliates, in order to provide better and comprehensive services for the User, and
improve its products and services.</strong></p>
<p class="p">5.7 <strong class="ph b">Authorization of Information:</strong></p>
<p class="p">5.7.1 <strong class="ph b">You shall authorize Ping An Cloud, unless otherwise stipulated by law, to
utilize the information that you submit to Ping An Cloud or is generated by your use
of Ping An Cloud’s services (including information provided and generated before the
Agreement), and information queried and collected by Ping An Cloud in accordance
with the Agreement for improving the services provided to you, recommending
products, and conducting market surveys and data analysis by Ping An Cloud, its
affiliates, and necessary partners entrusted for the provision of services;</strong></p>
<p class="p">5.7.2 <strong class="ph b">You shall authorize Ping An Cloud, unless otherwise stipulated by law, to
provide, query and collect your information for its affiliates and partners which
are necessary for conducting cooperation on services, for the purpose of improving
the quality of services and products;</strong></p>
<p class="p">5.7.3 <strong class="ph b">Ping An Cloud and its partners shall
assume the obligation of confidentiality for the aforementioned information, and
take measures to ensure the security of such information;</strong></p>
<p class="p">5.7.4 <strong class="ph b">This article shall come into force upon the execution of the Agreement, with
independent legal effect and unaffected by whether the contract is concluded or not
and the changes in its effect;</strong></p>
<p class="p">5.7.5 <strong class="ph b">If you disagree with part or all of the preceding authorization articles, you
may cancel or change your authorization by calling the custom service hot line
(4001518800).</strong></p>
<p class="p"><strong class="ph b">6. </strong><strong class="ph b">Liability For Breach of Contract, Liquidated Damages and Limitation of
Liability</strong></p>
<p class="p">6.1 Both Party A and Party B hereto shall strictly fulfill their responsibilities under
the Agreement.Any violation of provisions contained herein shall constitute a breach of
the Agreement, and the breaching party shall be liable for breach of the Agreement
according to law.</p>
<p class="p">6.2 The breaching party shall indemnify the other party for any claims, proceedings,
procedures, losses, damages, fees and costs (including but not limited to legal cost and
lawyers’ fee) incurred by or related to the breach of the Agreement.</p>
<p class="p">Party B shall undertake to adhere to the provisions herein when rendering the Service for
Party A, otherwise Party B shall be responsible for active rectification, except for
issues incurred in any of the following cases:</p>
<p class="p">(1) Party A fails to use the platform in accordance with the provisions contained
herein;</p>
<p class="p">(2) Issues caused by plug-ins, products, systems, or third-party software of Party A, and
by incompatibility with network transaction platforms;</p>
<p class="p">(3) Hardware or network faults not caused by Party B;</p>
<p class="p">(4) Party B needs to suspend the Service for a short time during the server configuration
or maintenance;</p>
<p class="p">(5) Speed decrease in website access, and running of applications or services, caused by
the blocking of Internet access;</p>
<p class="p">(6) Other issues not caused by Party B.</p>
<p class="p">6.3 Under any circumstances, Party B shall not be responsible for any of the following
damages or losses incurred on Party A (or any party making claims via Party A),
regardless of whether they are direct or indirect, immediate or consequential, based on
agreements and infringement on rights (including negligence) or any other causes:</p>
<p class="p">(1) Profit losses;</p>
<p class="p">(2) Losses of expected income;</p>
<p class="p">(3) Losses of business opportunities;</p>
<p class="p">(4) Losses of goodwill.</p>
<p class="p">6.4 <strong class="ph b">Ping An Cloud shall not be responsible for any indirect or punitive damages,
including</strong>
<strong class="ph b">profit losses incurred on you by your utilization of the </strong> CA Certificates Service
<strong class="ph b">(even in cases where you have been informed of the possibility of the said
losses).</strong></p>
<p class="p">6.5 Even if both parties have agreed otherwise, for any claims (whether based on
contracts, violations, negligence, liabilities of breach, laws and regulations, or other
causes) related to the Agreement, Party B’s liabilities are only limited to compensation
for the direct actual damages.<strong class="ph b">Under any circumstances, the total liquidated damages
related to the Agreement undertaken by Ping An Cloud shall not exceed the total fees
charged for the services involved in the breach.</strong></p>
<p class="p">6.6 Neither party shall be responsible for the delayed performance or violation of the
Agreement by any party caused by force majeure, fault of the underlying operators,
network security incidents, or other incidents beyond the reasonable control of the
parties.</p>
<p class="p">6.7 Party A shall acknowledge and agree that the Service is provided by Party B based on
the existing technologies and conditions.Party B shall maximize its efforts to ensure
the continuity and security of the Service, but shall not be obligated to ensure that
the Service provided by it is flawless.Therefore, Party A shall agree that any flaw in
the Service that is unavoidable given the technologies of the industry at the given time
shall not be considered a breach of the Agreement by Party B, and both parties shall
work together to solve the relevant issues in a friendly manner.</p>
<p class="p"><strong class="ph b">7. </strong><strong class="ph b">Disclaimer </strong></p>
<p class="p">7.1 <strong class="ph b">Ping An Cloud does not guarantee the following matters (including but not limited
to):</strong></p>
<p class="p">7.1.1 <strong class="ph b">Ping An Cloud service meets the demands of all users;</strong></p>
<p class="p">7.1.2 <strong class="ph b">Ping An Cloud service is always free from disturbance, secure, reliable, or
error-free and provided timely.</strong></p>
<p class="p">7.1.3 <strong class="ph b">You shall assume all the risks associated with data obtained via Ping An Cloud;
you shall be completely liable for damages to users’ computer systems or data losses
due to the utilization of the Service;</strong></p>
<p class="p">7.2 <strong class="ph b">Ping An Cloud shall reserve the right to suspend or terminate the Service upon
your violation of the national or local laws and regulations, or the
Agreement.</strong></p>
<p class="p">7.3 <strong class="ph b">You shall agree to authorize Ping An Cloud to disclose fraud, distribution, or
sales fake or inferior commodities, infringement on others’ legitimate rights and
interests, or other severe violations of Ping An Cloud website rules in your
utilization of </strong>CA Certificates Service,<strong class="ph b"> log out your Ping An Cloud accounts,
prohibit you from logging in any Ping An Cloud websites, and terminate all website
services previously provided for you.</strong></p>
<p class="p">7.4 <strong class="ph b">In your utilization of the Service, the content of the Agreement, prompts on the
web pages regarding transaction processes, or messages (SMSs, phone calls, etc.)
sent by Ping An Cloud to your smartphones constitute the rules on using the Service,
and your utilization of the Service indicates that you accept the rules.</strong><strong class="ph b">You
shall acknowledge and agree that Ping An Cloud is entitled to unilaterally modify
the rules without seeking your consent in advance, and the rules on using the
Service shall be subject to web page prompts (or SMSs or phone calls) during your
utilization of the Service.Your utilization of the Service shall be on the condition
of your agreement and adherence to the rules.</strong></p>
<p class="p">7.5 Ping An Cloud may notify you of the progress of your service or prompt the next step
of process via email (or SMSs sent to your phones, phone call, etc.), but does not
guarantee that User can receive or promptly receive such emails (or SMSs, phone calls,
etc.), nor assume any responsibility for any consequence.You are, therefore, advised to
login the Ping An Cloud website promptly to check and go through the transaction
process.Ping An Cloud shall not be responsible for any disputes or damages arising from
your failure to promptly check and modify or confirm your service status, or submit
relevant applications.</p>
<p class="p">7.6 You shall assume all responsibilities for all consequences caused by your provision
of incorrect contact information to Ping An Cloud, or the insecurity or instability of
the email addresses you use to receive emails from Ping An Cloud, including but not
limited to the consequences or losses caused by your failure to promptly receive the
relevant notifications of Ping An Cloud.</p>
<p class="p">7.7 System interruption or Failure</p>
<p class="p">Ping An Financial shall not assume the compensation liability for system failure which
make you unable to use online services in the following cases, including but not limited
to:</p>
<p class="p">7.7.1 The CA Certificates Service is shut down for maintenance.</p>
<p class="p">7.7.2 Failure of telecommunication equipment prevents data transmission.</p>
<p class="p">7.7.3 Ping An Cloud is prevented from operation by force majeure such as typhoons,
earthquakes, tsunamis, floods, power failures, wars, or terrorist attacks.</p>
<p class="p">7.7.4 Service suspension or delay is caused by hacker attacks, technical adjustments or
failures in telecommunication departments, website updates, or banking system
issues.</p>
<p class="p">7.7.5 Other faults not caused by Ping An Cloud or other cases beyond the control or
reasonable predict of Ping An Cloud.</p>
<p class="p">7.8 Partners of the Service shall be responsible for the quality and content of the
services they provide.</p>
<p class="p">7.9 When permitted by the laws, Ping An Cloud shall not be responsible for any indirect,
punitive, special, or derivative losses (including losses of business, income, profit,
data, or other fiscal losses) related to and incurred by the Agreement, regardless of
their causes, or whether they are caused by a breach of the Agreement (including a
breach of warranty) or infringements on rights, even though you have been informed of
the possibility of such losses in advance.In addition, Ping An Cloud shall not be
responsible for the aforementioned losses in the event that the exclusive remedies
stipulated herein fail to achieve its basic objectives.</p>
<p class="p">7.10 <strong class="ph b">Given the particularity of network services, you shall agree that Ping An Cloud
may change, suspend, or terminate part or all of the Service at any time with
justifiable causes, without assuming any liability to you</strong><strong class="ph b">.</strong><strong class="ph b">However,
Ping An Cloud shall notify you in advance whenever possible, in order to protect
your legitimate rights and interests by enabling you to transmit and backup relevant
data, and adjust your business.</strong></p>
<p class="p">7.11 To improve the Service, Ping An Cloud is entitled to repair, maintain, and update
the platform or equipment used to provide the Service.Ping An Cloud shall not be liable
for the suspension or discontinuance of related services within a reasonable period of
time in the said cases.</p>
<p class="p">7.12 You shall acknowledge and agree that: CA Certificate Service is provided based on
the existing technologies and conditions. Ping An Cloud shall maximize its efforts to
ensure the continuity and security of the Service, but is not obligated to guarantee
that the Service is flawless, or foresee and prevent legal, technical or other risks,
including but not limited to service suspension, data losses, data leakage or theft, and
other losses and risks caused by force majeure, viruses, Trojans, hacker attacks, system
instability, flaws in third-party services, government actions, etc. <strong class="ph b">Therefore, you
shall agree that </strong><strong class="ph b">flaws</strong><strong class="ph b"> of </strong>CA Certificates Service <strong class="ph b">that are
inevitable given the technologies of the time shall not constitute breach of the
Agreement by Ping An Cloud, and Ping An Cloud shall not be liable for such damages
including data and information losses</strong><strong class="ph b">.</strong></p>
<p class="p">7.13 You shall acknowledge and agree that the Service may be suspended due to risk
factors such as force majeure during its utilization.In such cases, Ping An Cloud shall
immediately work with relevant departments to rectify such issues, but shall be exempted
from liability for the losses caused to you thereby.</p>
<p class="p">7.14 You shall acknowledge and agree that Ping An Cloud is not responsible for damages
caused by your usage of pirate software, system, or data in your utilization of CA
Certificates Service certificates service. Ping An Cloud shall reserve the rights to
claim for its damages caused by your actions.</p>
<p class="p">7.15 Under any circumstances, neither party shall be responsible for indirect,
incidental, or special damages or losses of the other party, including but not limited
to losses of acquirable interests and the expenses paid by the other party to a third
party (even in cases where the other party has been informed of the possibility of the
said losses.)</p>
<p class="p">7.16 <strong class="ph b">You shall acknowledge and agree that although Ping An Cloud provides usability
support for free or public beta products and services, it gives no warranty
regarding errors or omissions involved, and undertakes no responsibility for the
work or consequences of your utilization of such products or services.</strong></p>
<p class="p"><strong class="ph b">8. </strong><strong class="ph b">Intellectual Property</strong></p>
<p class="p">8.1 With the exception of products or services provided by third parties, all content on
the Ping An Cloud website, including but not limited to software, images, documents,
information, data, architectures, and web design with copyright, trademark, patent,
trade secrets, or other similar rights are the property of Party B or its
affiliates.</p>
<p class="p">8.2 Party A is entitled to use the aforementioned intellectual property and undertakes
the corresponding obligation of confidentiality within the scope of the
Agreement.Without the written permission of Party B or its affiliates, no one shall be
allowed to use, modify, replicate, publicly disseminate, change, spread, issue or
publish the programs or content on the websites of Party B or its affiliates.</p>
<p class="p">8.3 Either party shall respect the intellectual property rights of the other party and
third parties.The authorization granted by Party B to Party A for the use of its
intellectual property based on the Agreement shall not be deemed as an indication of
allowing the transfer of the relevant intellectual property rights or permitting a third
party to utilize such rights.Party B is entitled to cooperate with judicial or
administrative authorities in querying and providing the information of Party A in order
to solve complaints and disputes timely, thus protecting the legitimate rights and
interests of parties involved.In case of any violation, Party A shall be liable for the
damages.</p>
<p class="p">8.4 In the event that any third party claims that Party A’s acquisition or utilization of
software and services (or any part of them) in accordance with the Agreement infringes
the third party’s intellectual property, and brings a claim or lawsuit (<strong class="ph b">“Claim”</strong>)
against Party A, Party B undertakes to pay for the costs incurred during the defenses,
or chooses to reach a settlement with the third party.As a result, Party B shall be
liable for the reasonable damages, losses, costs (including legal fees) and fees
incurred or imposed on Party A caused by or in relation to the said claim.However, if
the said claim is caused by Party A's failure to acquire or use the software or services
(or any part of them) in accordance with the Agreement, or by Party A’s combination of
the software and services provided by Party B hereunder with other hardware or software
not provided or designated by Party B, the preceding stipulation does not apply.</p>
<p class="p">8.5 If any third party shall file a claim against Party Aor notify Party A of its
intention to make a claim against Party A, the obligations of Party B set out under
Article 8.2 shall be subject to the following actions of party A:</p>
<p class="p">8.5.1 Party A shall send Party B a written notice of the claim within a reasonable and
feasible time limit, describing the nature of the claim in reasonable details;</p>
<p class="p">8.5.2 Without prior written permission by Party B, Party A shall not acknowledge any
liabilities, or conclude any agreements or compromises regarding the claim;</p>
<p class="p">8.5.3 On the premise that Party B provides a guarantee to Party A against any possible
claims, liabilities, costs, expenses, damages, and corresponding losses in a manner
reasonably satisfactory to Party A, Party A shall take measures to avoid the claims and
relevant disputes, settlement, or defense according to the reasonable requirements of
Party B.</p>
<p class="p"><strong class="ph b">9. </strong><strong class="ph b">Notices and Delivery</strong></p>
<p class="p">9.1 You should guarantee and maintain the validity of the information.You shall be
responsible for your failure to receive notices, customer services, complaint and
dispute settlement, and technical support, and others in a timely manner in the event
that your information is fake or invalid.</p>
<p class="p">9.2 Unless otherwise agreed by the two parties, you shall send notices to Ping An Cloud
through the contact information published on the Ping An Cloud website.</p>
<p class="p">9.3 Ping An Cloud may send you business notices such as service prompts and validation
messages as well as marketing advertisements at irregular intervals in one or more forms
such as website announcements, emails, SMSs, on-site private messages, and instant
messengers.</p>
<p class="p">9.4 Each party shall ensure that its contact information is accurate and valid.Any
notification shall be deemed to have been received by the recipients on the date of the
delivery. </p>
<p class="p"><strong class="ph b">10. </strong><strong class="ph b">Term of the Agreement</strong></p>
<p class="p">10.1 The term of the cooperation between the two parties hereto starts from the date of
your clicking on the relevant web page to agree to and accept the Agreement and end on
the last day of the same year, for example, from June 1, 2017 to December 31, 2017. If
neither party has made a written request for not renewing the Agreement prior to the
expiration of the Agreement, the term shall be automatically extended for another one
year with no limit to the times of the extension.</p>
<p class="p">10.2 If the term of the cooperation between the two parties is inconsistent with the term
of the services you have purchased, the term of the cooperation shall be automatically
extended to the expiration date of the services you have purchased.Unless otherwise
agreed by the two parties, the Agreement shall always be valid during the period of your
usage of and subscription to the Service.</p>
<p class="p">10.3 Prior to the expiration of the term of the Agreement, if either party has notified
the other party in writing not to renew the Agreement upon its expiration, the Agreement
shall be automatically terminated upon its expiration.</p>
<p class="p">10.4 The expiration or termination of the Agreement shall not affect the rights and
obligations incurred before the expiration or termination.</p>
<p class="p"> From the effective date of the Agreement, Party A shall be entitled to use the Ping An
Cloud products or services provided by Party B, but the Service shall be terminated upon
any of the following cases:</p>
<p class="p">10.4.1 The utilization or registration of products or services by Party A or “ultimate
users” involves:</p>
<p class="p">(1) Security risks for the products or services or any third party;</p>
<p class="p">(2) Potential adverse impacts on the products, services, or the systems, products or
services of any other Ping An Cloud customers;</p>
<p class="p">(3) Potential liabilities incurred on Ping An Cloud, its affiliates, or any third
party;</p>
<p class="p">(4) Potential fraud.</p>
<p class="p">10.4.2 Party A or any “ultimate user” violates the Agreement, including Party A’s delay
in performing its payment obligation;</p>
<p class="p">10.4.3 The two parties agree to terminate the Agreement.</p>
<p class="p">10.5 If Party A or any “ultimate user” severely violates the Agreement, Party B shall be
entitled to terminate the Service in advance, and the expenses for the services unused
(if any) by Party A shall be owned by Party B as liquidated damages.</p>
<p class="p">10.6 Unless otherwise stipulated by law or otherwise agreed by both parties, Party B
shall continue to store Party A’s data for seven (7) calendar days since the date of the
premature termination of the Agreement, and stop maintaining the data beyond such
period.Party A shall assume all the consequences of destroying its data.</p>
<p class="p"><strong class="ph b">11. </strong><strong class="ph b">Miscellaneous</strong></p>
<p class="p">11.1 The Agreement shall come into force upon its publication.Ping An Cloud is entitled
to modify the Agreement at any time, and publish the modified version on the website of
Ping An Cloud.You are entitled to terminate your use of the Service if you disagree with
the modifications to the provisions of the Agreement made by Ping An Cloud.Your
continued utilization of the Service shall be deemed that you accept the modifications
made by Ping An Cloud.</p>
<p class="p">11.2 Ping An Cloud is entitled to the reasonable disposal and final interpretation right
to various preferential activities covered by the Agreement, including but not limited
to invitation codes, vouchers and virtual currency.</p>
<p class="p">11.3 All notices of Ping An Cloud under the Agreement may be sent to you in forms such as
website notices, on-site private messages, emails, and SMSs.Such notices shall be deemed
to have been received by the recipients on the date of the delivery.</p>
<p class="p">11.4 The Agreement shall be signed in Futian District, Shenzhen, Guangdong Province.</p>
<p class="p">11.4.1 The Agreement and any disputes or claims (including non-contractual disputes or
claims) arising out of or in relation to the Agreement shall be governed by and
interpreted in accordance with the laws of the People’s Republic of China.</p>
<p class="p">11.5 Any controversy, dispute, divergence, or claim caused by or related to the Agreement
including existence, effect, explanation, execution, violation, or termination of the
Agreement, or any non-agreement dispute aroused by or related to the Agreement shall be
submitted to Shenzhen Court of International Arbitration (Shenzhen Arbitration
Commission) for arbitration and finally adjudicated in accordance with the effective
arbitration rules at the time of submitting the arbitration notice.The arbitration
provisions above shall be governed by the laws of the People’s Republic of China.The
arbitration shall take place in Shenzhen.The arbitration tribunal is composed of three
arbitrators.Either Party shall appoint an arbitrator.The chief arbitrator shall be
selected by both parties.The arbitration shall be conducted in Chinese.</p>
<p class="p">11.6 The Agreement constitutes the complete agreement between both parties on the matters
agreed herein and other related matters.It does not confer either party any rights
outside of its stipulations.</p>
<p class="p">11.7 In the event that any provisions in the Agreement fully or partially become invalid
or impossible to execute, other stipulations shall remain effective and binding.</p>
<p class="p">11.8 For the preparation and interpretation of the Agreement, the Chinese text shall
prevail.Unless otherwise agreed by the parties, any translation of the Agreement shall
not be used as the basis for interpreting the Agreement or determining the intentions of
the parties.</p>
<p class="p"><strong class="ph b">12. </strong><strong class="ph b">Anti-Commercial Bribery</strong></p>
<p class="p">12.1 Both parties hereto shall be aware of and willing to strictly adhere to laws and
regulations of the People’s Republic of China against commercial bribery.Both parties
shall know that all forms of bribery or corruption are in violation of the law and
subject to severe punishment.</p>
<p class="p">12.2 Neither party shall claim or accept any benefits other than those agreed herein from
the other party or the persons in charge of it or other persons involved, or provide or
give them such benefits, including but not limited to overt or covert discounts, cash,
shopping cards, benefits in kind, stocks, tourism or other non-material benefits;
However, if the benefits are provided as part of the industry’s practice, they shall be
expressly stated in the Agreement.</p>
<p class="p">12.3 Both parties shall strictly prohibit commercial bribery by the persons in charge of
them.The persons in charge of any party taking any actions set forth in Article 12.2 are
in violation of the party’s company system, and shall be punished in accordance with the
company system of the party and national laws.</p>
<p class="p">12.4 Both parties shall oppose any actions described in Article 12.2 between the other
party or the persons in charge of it and any third party for the purpose of implementing
the Agreement.Such actions are in violation of national laws and shall be punished
according to national laws.</p>
<p class="p">12.5 Either party or the persons in charge of it shall be responsible for the damages it
caused to the other party due to violation of articles 12.2, 12.3, and 12.4.</p>
<p class="p">12.6 “Other persons involved” in this article refer to individuals with direct or
indirect interests in the Agreement other than the persons in charge of Party A,
including but not limited to friends and relatives of the persons in charge of the
Agreement.</p>
<p class="p"><strong class="ph b">13. </strong><strong class="ph b">Confidentiality</strong></p>
<p class="p">13.1.Obligation of Confidentiality</p>
<p class="p">13.1.1 The recipient shall confirm that the confidential information is the valuable,
specialized, and special asset of the disclosing party.Without the prior written consent
of the disclosing party, the recipient shall not disclose such information to any third
party.Despite the above provisions, the disclosing party shall agree that on a
need-to-know basis and with the intention of the disclosing party to disclose such
information, the recipient may disclose the confidential information to its affiliates
and the representatives of the recipient and its affiliates.The recipient, its
affiliates, and their representatives shall undertake to protect and maintain all the
confidentiality of the said information at least with the prudent standards of Ping An
for the protection of its own proprietary, secret or confidential information.</p>
<p class="p">13.1.2 The recipient agrees that (1) the recipient, (2) its affiliates, and (3) their
representatives will never apply, adopt, utilize, or use the confidential information in
any other ways for any purpose without express prior written consent of the disclosing
party.</p>
<p class="p">13.1.3 Both parties agree that if either party is informed of any leakage of the
confidential information, they shall promptly discuss the methods of solving the issue
without prejudice to their rights and obligations.</p>
<p class="p">13.2 Exemption of the Obligation of Confidentiality</p>
<p class="p">13.2.1 The confidentiality obligation provided in the Agreement shall not apply to the
following information:</p>
<p class="p">(1) Information legitimately possessed by the recipient or its representatives before the
disclosure;</p>
<p class="p">(2) Information that is or becomes available to the public not due to unauthorized
disclosure hereunder or violations provided herein;</p>
<p class="p">(3) Information independently developed by the recipient (excluding information based on
confidential information);</p>
<p class="p">(4) The information disclosed or sent to the recipient by a third party with no
confidentiality obligation to the disclosing party, or the information obtained by the
recipient from the third party.</p>
<p class="p">13.2.2 The recipient may disclose information as requested or ordered by competent
courts, government, or supervisory authorities (including but not limited to stock
exchanges) (“government authorities”).However, prior to making such disclosure, the
recipient shall:</p>
<p class="p">(1) Notify the disclosing party that it has received such a request or order, and their
conditions or circumstances;</p>
<p class="p">(2) Negotiate with the other Party on the reasonable measure to refuse the
requests/orders, or narrow down the scope of disclosure of such requests/orders, and
assist the disclosing party in taking such reasonable measures to the extent permitted
by laws and regulations;</p>
<p class="p">(3) Cooperate with the disclosing party to obtain a ruling or other reliable guarantees
that the confidential information remains confidential.If the confidential information
requested or ordered remains confidential, the recipient and its representative shall
continue to comply with the confidentiality provisions contained herein.</p>
<p class="p">The “affiliates” of a specific entity refer to any entities that, through one or more
entities, directly or indirectly control, or controlled by, or under the shared control
of others with, the specific entity.The "control" over an entity refers to the direct or
indirect power acquired through the shares with voting rights or other benefits with
voting rights in accordance with the contract or in other forms, or directing the
management and policy development of the entity, not limited to the provision in the
preceding sentence in any cases.</p>
<p class="p">13.3 Ownership</p>
<p class="p">The recipient shall confirm that all confidential information of the disclosing party is
the property of the disclosing party, and the disclosure of confidential information
shall not be deemed to authorize any rights regarding the confidential information to
the recipient.The recipient shall make reasonable endeavors to prevent the recipient and
its representatives from applying for patents, trademarks, designs, or any other
intellectual property rights regarding all or part of the confidential information.The
disclosing party shall not be responsible for guaranteeing the accuracy or completeness
of any confidential information.</p>
<p class="p">13.4 Return of Confidential Information</p>
<p class="p">The disclosing party may at any time request the recipient to return or destroy the
confidential information or its copies, and to provide a written statement, claiming
that it has not intentionally, directly, or indirectly retained any confidential
information or its copies in its possession or under its control after the return or
destruction.The recipient shall satisfy the above mentioned requests within seven (7)
days after receiving them.</p>
<p class="p">13.5 Term of Confidentiality</p>
<p class="p">The recipient shall agree that the term of confidentiality hereof shall start from the
date of the disclosure of the confidential information to it and end on the date when
the relevant confidential information is available to the public.</p>
<p class="p">13.6 Liabilities for Violating the Obligation of Confidentiality</p>
<p class="p">The recipient shall agree that violations of the provisions herein shall assume the
liabilities below:</p>
<p class="p">Indemnify the disclosing party against any loss, including but not limited to the
disclosing party’s actual losses, reputation losses, attorney fees, legal consultant
fees, and litigation costs.</p>
<p class="p"><strong class="ph b">14. </strong><strong class="ph b">Anti-Marketing Fraud</strong></p>
<p class="p">Both parties shall be aware of and willing to strictly adhere to the relevant laws of the
People’s Republic of China on intellectual property, contracts, and advertising, such as
Copyright Law of the People's Republic of China, Trademark Law of the People's Republic
of China, Patent Law of the People's Republic of China, and Anti-Unfair Competition Law
of the People's Republic of China.Both parties are entitled to accurately and reasonably
utilize the matters agreed herein or use them for promotion in agreed manners and within
the agreed scope, except for the agreed confidential terms.In order to avoid risks such
as trademark infringement and inappropriate promotion, both parties shall agree that
prior written consent from the other party is necessary for either party to use the
other party’s trademark, brand, company name, etc. for its promotion, which is otherwise
not allowed.Both parties hereby undertake to actively respond to each other’s
applications for the reasonable use or use for promotion of the matters in
cooperation.Both parties shall acknowledge that they have not used the trademark, brand,
company name, and other intellectual property rights of the other party for their
commercial promotion without the prior written consent of the other party.Fabricating
the cooperative matters and exaggerating the scope, content, effect, scale, and level of
the cooperation constitute breaches of the Agreement, and may give rise to unfair
competition as a result of false promotion.In such cases, the non-defaulting party or
infringed party shall reserve the rights to hold the infringing party liable.</p>
<p class="p">In the event of any inconsistency between the Chinese and English texts of the Agreement,
the Chinese text shall prevail.</p>
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