Wegic User Service Agreement

1. Definitions

  1. "Account" means a registered online account that you use to access the Services.

  2. "Customer Data" means materials and information, any documents, reports submitted, uploaded and stored by you through the Services.

  3. "Content" refers to the code, content, fonts, graphics, designs, documents, or materials created by the Customer and its users using the Services, or imported into the Services by the Customer and its users.

  4. "Services" refer to the Wegic's proprietary web-based products and services.

  5. "Third party services" This refers to any service that interoperates with products, software, or applications provided by a third party.

  6. "Account Data" refers to data relating to your data used in connection with the use of the Platform and the Services, including, without limitation, Personal Data, and excluding Aggregate Data and any wegic property.

  7. "Modifications" means modifications, improvements, customizations, patches, bug fixes, updates, enhancements, summaries, compilations, derivative works, translations and adaptations.

  8. "Personal Information" refer to personally identifiable information provided by the Customer pursuant to this Agreement.

  9. "We" "Wegic" Jishi Design&Tech (HK) Limited and its subsidiaries.

  10. "You" or "Customer" refers to the the person or company accepting these Terms or other legal entity and its affiliates to whom you accept the Terms.

  11. "Website" refers to any website used by Wegic to provide the Wegic SaaS Services, including the website located at the following URL (domain name).

2. Services

  1. Wegic hereby grants to Customer a non-exclusive, non-transferable license for the term to:

(a) use the Services and download and install the applicable desktop or mobile application, as applicable, on the number and type of Authorized Devices solely for Customer's internal business purposes in accordance with the Documentation, and/or

(b) Hosting systems, designing software, tools, and building websites under (domain)domains using our SaaS offerings. Services are provided electronically.

  1. Provision of services

Wegic provides the Wegic Services on an online platform (the "Wegic Website"). Subject to Customer and its Licensed Users' compliance with the terms and conditions of this Agreement, Wegic will provide the Wegic Services to Customer and its Licensed Users in accordance with the terms and conditions set forth in this Agreement for the duration of this Agreement.

3. User Accounts

  1. To use the Services, Users will be required to register and create an account, which will require the disclosure of certain information (including an email address, password, or google authentication login).A Wegic account will allow Users to access the Services and features that Wegic may establish and maintain from time to time, in Wegic's sole discretion.

  2. Customer is responsible for identifying and verifying all Authorized Users and for Authorized Users' use of the Wegic Services in accordance with this Agreement. Customer shall ensure that Authorized Users use the Wegic Services only through Customer User Accounts. Customer shall not permit any Authorized User to share the Customer User Account with any other person. Customer shall immediately notify Wegic of any actual or suspected unauthorized use of the Wegic Services, and Wegic reserves the right to suspend, deactivate or replace Customer's User Account if Wegic determines that Customer's User Account may be used for an unauthorized purpose.

4. General Conditions

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content, excluding credit card information, may be transmitted in an unencrypted manner and involves

(a) Transmission of networks by various means; and

(b) Changes to comply and adapt to technical requirements Connection to the network or device. Credit card information is always encrypted during transmission over the network. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, access to the Services, or any contact on any website providing the Services without our express written permission. The headings used in this Agreement are included for convenience only and do not limit or otherwise affect these Terms.

5. Accuracy, Completeness and Timeliness of Information

If the information provided on this website is not accurate, complete or current. The materials on this website are provided for general information only and should not be relied upon as a basis for making decisions without consultation with a primary, more accurate, more complete or more timely source of information. Any reliance on the materials on this website is at your own risk.

This website may contain certain historical information. Historical information is not necessarily current and is provided for informational purposes only. We reserve the right to make changes to the content of our site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor our site for changes.

6. Service License

We grant you a non-transferable, non-exclusive, revocable license to use the Wegic Services for personal and business purposes. If at any time we believe that we have determined, in our sole discretion, that you are using the Wegic Services to the extent that you are using the Wegic Services, we may terminate your access to the Wegic Services without additional liability to you.

The rights granted to you in these Terms are subject to the following limitations:

(a) You shall not license, sell, rent, lease, assign, transfer, allocate, distribute, host, or otherwise commercially exploit the Wegic Services, including (without limitation) by adding more users than the maximum number of users allowed per account;

(b) You shall not modify, prepare derivative works of, disassemble, decompile, or reverse engineer any portion of the Wegic Services;

(c) You should not access the Wegic Services to establish similar or competing services; and

(d) Except as expressly provided herein, you may not copy any portion of the Wegic Services, reproduce, distribute, republish, download, display, publish or transmit in any form or by any means. All intellectual property rights in the Wegic Services, as well as all content and logos, are owned by Wegic. You may not copy, imitate or use any such intellectual property without our prior written consent. Nothing in these Terms grants you any rights to the intellectual property rights in the Wegic Services other than the rights granted under these Terms. Your right to use the Wegic Services is personal to you and you may not grant this right to any other person. Your right to use the Wegic Services does not prevent us from granting others the right to use the Wegic Services.

7. User Content Licenses

You may use the Wegic Services to publish certain content, such as information, data, images, documents, files, scripts, applications, electronic media, logos, text, web pages and any other files or data or similar materials to the Wegic Websites ("Content"). You will always retain your rights to the Content, including intellectual property rights, when you post the Content to the Wegic Websites. By uploading any Content to the Wegic Websites, you acknowledge that:

(1) You are the creator and owner, or have the necessary licenses to use and authorize Wegic and other Wegic users to use and distribute Your Content as necessary to exercise the licenses you have granted in this Section in the manner contemplated by us and these Terms;

(2) Your content is and will never be:

(i) infringes, violates or misappropriates any third-party rights, including any copyrights, trademarks, patents, trade secrets, moral rights, rights of privacy, publicity or any other intellectual property or proprietary rights, or

(ii) defamation, libel, slander or infringement of the right of privacy, publicity or any other property right of any other person; and

(iii) Your Content does not contain any viruses, adware, spyware, worms or other malicious code or any content or files that provide a means of accessing potentially infringing content outside of our Services.

(3) We have no obligation to remove, screen, edit or monitor any Content. We may, in our sole discretion, remove, screen, edit or disable any Content at any time and for any reason without notice.

(4) You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, multi-layered license to exercise the copyrights, publicity rights, database rights, or other rights you have in the Content. We will only use your information in accordance with the following terms and conditions, which apply to the Site's Use and Privacy Policy. All content on the Compilation (meaning the collection, organization, and assembly) is the exclusive property of Wegic. If you become aware of any illegal activity or material on our site, or any violation of this notice, please notify us. We respect the rights of others with respect to intellectual property and expect users of Wegic's services to do the same.

(5) We will respond to notices of alleged copyright infringement that comply with the applicable law as set forth below and are provided to us in a timely and appropriate manner. If you have reason to believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

(i) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(ii) identify the copyrighted work claimed to have been infringed;

(iii) Identification of the material activity that is claimed to be infringing or to have been infringed upon and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(v) Your contact information, including your address, telephone number and e-mail address;

(vi) Wegic reserves the right to remove allegedly infringing content without notice, at our sole discretion and without liability to you.

8. Content Restrictions

You may not publish, host, display, upload, modify, post, transmit, update or share any of the following information or content:

(a) infringes, violates or otherwise misappropriates the intellectual property or other rights (including any moral rights, rights of privacy or publicity) of any third party;

(b) is seriously harmful, harassing, profane, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or racially discriminatory, racially objectionable, demeaning, associated with, or encouraging the laundering of money or gambling, or unlawful in any way; or unlawfully threatening or unlawfully harassing, including, but not limited to, "indecent assault on a woman";

(c) Obviously offensive to the online community, such as explicit pornography, or the promotion of obscenity, paedophilia, racism, bigotry, hatred or any form of physical harm against any group or individual;

(d) Harassing or advocating harassment of other users;

(e) Involving the transmission of "spam", "chain mail", or unsolicited mass mailings or "junk mail";

(f) Promoting unlawful abuse, threats, obscenity, defamation;

(g) infringes or violates the rights of any third party including, but not limited to, intellectual property rights, privacy (including, but not limited to, the unauthorized disclosure of a person's name, e-mail address, physical address or telephone number) or publicity;

(h) Promoting illegal or unauthorized copies of others' copyrighted works, such as by making available pirated computer programs or linking to them, providing information to circumvent manufacturer-installed copy-protection devices, or making available pirated music or links to pirated music files; pages that contain restricted or password-only access, or hidden pages or images (pages that are not linked to or from other accessible pages); or pages that do not have a link to another accessible page. pages that are not linked to other accessible pages or pages that are not linked to other accessible pages);

(j) Providing material that exploits another person or solicits personal information from any person in a sexual, violent or otherwise inappropriate manner;

(k) Providing instructive information about illegal activities, such as manufacturing or purchasing illegal weapons, invading the privacy of others, and providing or creating computer viruses;

(l) Attempting to gain unauthorized access or exceeding authorized access to the Site or other areas of the Site or soliciting passwords or personally identifiable information from other users for commercial or illegal purposes;

(m) means any URL that, in our sole discretion, contains material that is not appropriate for the Site, contains content that is prohibited or violates the letter or spirit of these Terms of Use;

(n) Infringe any patent, trademark, copyright or other proprietary right or trade secret or right of a third party that is public or private or that is fraudulent or involves the sale of counterfeit or stolen products;

(o) Violation of any law;

(p) Contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit any computer resources; or contain any Trojan horses, worms, time bombs, cancelbots, Easter eggs, or other potentially destructive computer programming routines that may harmfully interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information;

9. Ownership

(1) Customer retains all ownership and intellectual property rights in and to Customer's Data. The Customer grants Wegic and its subcontractors a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable right to access, collect, use, process, store, disclose, transfer, transmit, reproduce, modify and display the Customer Data in order to:

(a) Provision of persistent SaaS services;

(b) Create outputs (outputs) that are generated and returned by the persistent SaaS service;

(c) Improvement and enhancement of durable SaaS services and other products; and

(d) Generate and/or produce data, information or other material that is anonymous and does not identify the data, information or material relating to a specific individual or company (such data, information and material is referred to as "aggregated data").

Wegic may use, process, store, disclose and transmit the Aggregate Data for any purpose whatsoever without restriction or obligation of any kind to Customer. As between Wegic and Customer, all right, title and interest in and to the Aggregate Data, and all intellectual property rights therein, shall belong to Wegic and shall be retained exclusively by Wegic.

(2) As between Client and Wegic, Client owns all of the Outputs and Wegic hereby assigns all of its right, title and interest in and to the Outputs to you. Client recognizes and agrees that due to the nature of machine learning, the Outputs may not be unique or accurate. It is Client's responsibility to evaluate the Outputs and to ensure that any Outputs are appropriate, accurate, and complete and do not violate any applicable laws. Client is responsible for its use of the Outputs at all times.

(3) Wegic or its licensors retain all ownership and intellectual property rights in and to the following:

(a) Persistent SaaS services;

(b) any Content (excluding Results) developed or delivered by or on behalf of Wegic pursuant to this Agreement;

(c) all other Wegic Confidential Information, including, without limitation, any reports or any aggregated data generated by the Wegic SaaS Services;

Any changes to (a), (b) and (c) above.

(4) Customer grants Wegic and its affiliates a worldwide, perpetual, irrevocable, royalty-free license, and nothing in this Agreement limits our right to use, profit, disclose, publish, or otherwise exploit any Feedback without compensation to Customer or Permitted Users or any obligation to Customer or any Permitted Users.Wegic has no obligation to to use any Feedback.

(5) All rights not expressly granted by Wegic to Customer under this Agreement are reserved.

10. Obligations of the User Towards the End "User"

Any natural person who accesses or uses a website, page, or content created by Customer on the Services is an "End User" of Customer, and Wegic has no direct relationship with End Users, and therefore Wegic is not responsible for how Customer handles End User information.

(a) Applicable Law. Customer may have additional obligations under local law based on the obligations described in this Agreement. Use of the Services does not ensure compliance with such laws and Wegic is not responsible for Customer's compliance with such laws. To the extent Wegic is obligated to assist Customer in the processing of End User Information, such obligations are set forth in the Data Processing Agreement between Wegic and Customer.

(b) Security of End Users. Customer shall use all reasonable efforts to protect the information collected from End Users through use of the Services, including any personal data obtained from unauthorized access or use. If Customer discovers that End User Information collected by Customer has been compromised, leaked, or inadvertently exposed to an unauthorized third party, Customer shall notify Wegic of such compromise or exposure, including the root cause, remediation steps, and compensating controls, within 72 hours to ensure that such a compromise does not occur in the future.

(c) Security notification. Customer is responsible for providing notification to its end users, third parties or authorities in accordance with applicable breach notification regulations and any other applicable data protection laws. Customer acknowledges that Customer is solely responsible for any personal injury or property damage arising out of or in connection with Customer's use of any of the Services.

(d) Privacy. Customer acknowledges and agrees that Customer is solely responsible for providing any required notices and obtaining all necessary consents from end users in connection with the use of the Services. Customer's notices and consents must comply with all applicable data protection and security laws and regulations. Without limiting the foregoing, prior to collecting or using any End User Information, Customer must provide adequate notice of the End User Information collected by Customer, how it will be used and/or shared, and obtain any necessary consents required by applicable data protection laws and regulations. Customer agrees to comply with all data protection laws and regulations (including those applicable to personal information) relating to Customer's access to and use of the Services.

(e) Notice. Customer shall provide and comply with Customer's Privacy Policy for Customer's use of the Services, which:

(i) Comply with all applicable laws, rules and regulations.

(ii) display to all end-users, and

(iii) provide end users with a clear and accurate description of the information collected by the customer (e.g., login information, contact form data, cookies, etc.) and how the customer uses and shares such information with Wegic and other third parties (including for marketing and advertising purposes).

(f) Privacy. Customer shall respond to any End User that wishes to exercise its right to privacy as it relates to any information collected through Customer's use of the Services in accordance with applicable law. For example, if End Users located in certain jurisdictions may exercise the "right to be forgotten" (or the "right to erasure") with respect to information collected about them by Customer, Customer shall comply with their requests in accordance with the requirements of applicable law. For clarity, Customer is directly responsible for the information processed by Customer in connection with Customer's use of the Services (or "Data Controller"), including any information processed through third-party applications available on the Services, and Wegic is not the Data Controller of such information and is not responsible for responding to End Users on behalf of Customer. If Wegic receives a request from an End User or an authority regarding Customer's use of the Services, Wegic will notify Customer as permitted by law.

11. Warranties and Disclaimers

  1. Except as expressly stated in the terms, we do not warrant that the Services will be secure, uninterrupted, error-free, or defect-free.

  2. We do not guarantee that the results that may be obtained from the use will be accurate or reliable.

  3. the services are provided "as is" and "as available" and wegic disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, warranties of merchantability, non-infringement, or warranties of use, merchantability or fitness for a particular purpose or use. we disclaim any responsibility and any liability for injury or damage caused by any third party hosting provider.

12. Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms. Service, and such determination shall not affect the validity and enforceability of any other remaining provisions thereof.

13. Termination

  1. The Parties shall, as of the Termination Date, continue the effective purpose of this Agreement after its termination.

  2. These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by giving notice that you no longer wish to use our services, or when you stop using our services on the Website.

  3. We may also terminate this Agreement at any time without notice if we determine in our sole discretion that you have failed, or we suspect that you have failed, to comply with any term or provision of this TOS, and you will continue to be liable for all amounts due up to and including the date of termination; and/or you may be denied access to our Services (or any portion thereof) as a result.

14. Complete Agreements

  1. Our failure to exercise or enforce these rights or to provide for the Terms of Service shall not constitute a waiver of such rights or provisions.

  2. These Terms of Service, together with any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us on the Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, those limited to any prior version of the Terms of Service).

  3. Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

15. Governing Law

  1. The conclusion, entry into force, interpretation, revision, supplementation, termination, enforcement and dispute resolution of the Terms shall be governed by the laws of the People's Republic of China; if there is no relevant provision in the law, reference shall be made to commercial practice/ or industry practice.

  2. This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China. All disputes relating to this Agreement or its performance shall be resolved through amicable negotiations. If settlement cannot be reached through negotiation, you agree to submit the dispute to the Hong Kong International Arbitration Center ("HKIAC") for arbitration in accordance with the HKIAC Arbitration Rules in effect at the time of application. The place of arbitration shall be Hong Kong. The arbitration award shall be final and binding on the parties.

16. Changes to The Terms of Service

  1. You can always check the latest version of the Terms of Service on this page.

  2. We reserve the right, in our sole discretion, to update, change or replace any portion of the Website by posting updates and changes to these Terms of Service. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  3. Any as to the terms of service, please contact us via email at service@wegic.ai.

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