This agreement is updated on: 2020-05-20

 

Registration and Service Agreement

Welcome to use this software and its services!

This Registration and Service Agreement (hereinafter referred to as "Agreement") is made and entered into by and between you (or otherwise referred to as "user") and maxTRACK (or otherwise referred to as "we" or "us") on the offering and use of this software and its services.

I. Basic Terms

1. Before using this software and its services, please carefully read and fully understand this Agreement (if you are under age 16 or between age 16 and 18 and cannot use your own work-based earnings as the main source of income, please read this Agreement in the company of a legal guardian), especially "special note" clauses (if any), limitations or disclaimer clauses, and clauses (including jurisdiction clauses) related to privacy protection, law application, and dispute settlement. These clauses will be made prominent in bold and/or underline, which require focused reading.

2. If you do not agree to this Agreement, you are fully entitled to exit this software and stop using its services. If you continue to register and/or use this software and relevant services, you will be deemed to have read, understood, and agreed to this Agreement. If you have any questions, complaints, or suggestions on this Agreement, you can contact us via the contact information attached to this Agreement.

3. Scope of the Agreement: Considering the uncertainty of the internet services and the constant updates of the product and to specify obligations and rights between you and us comprehensively, this Agreement includes other policies, rules, bulletins, statements, etc. formulated in accordance to laws, regulations, and this Agreement. If these terms are inconsistent or contradictory, the terms of the agreement dedicated for the specific service scenario shall prevail.

4. Scope of Service: We may provide you with software services stated in this Agreement via evolving and rich functional interfaces, including but not limited to mobile applications (hereinafter referred to as "APP"), computer websites, applets, or other forms. Specifically, the scope of the functional service interface is subject to the actual release.

5. Changes and Updates: We are entitled to change this Agreement in accordance with laws and regulations if necessary. The updated agreement will substitute the original agreement and take effect after the original agreement reaches its service life stipulated by law. You can view the terms of the latest agreement in the corresponding service page. After this Agreement is changed or updated, if you continue to use this software and its services, you are deemed to have accepted the updated agreement. If you do not agree to the updated agreement, you are entitled to stop using this software and its services.

II. Prerequisites to Use This Software and Its Services

1. Age Limit: You assure us that when you are using this software and its services you have reached age 18, or although you are under age 18 you have reached age 16 and can use your own work-based earnings as the main livelihood. If you do not meet the above requirement, you should read this Agreement with your guardian to ensure that you are capable of understanding the content of this Agreement and you must not and should not use this software and its services before you have your guardian's consent.

2. Terminal Device: We may develop different software versions for different terminal devices and systems. You should, according to your actual conditions, select and download the appropriate version for installation. You may need to regularly update to ensure this software adapts to your terminal device and system and you must not install this software on other terminal devices without our explicit permission. If risks and damages are introduced because you have not installed the appropriate software version, we shall assume no liabilities.

3. Software Update: To ensure the consistency between the security and the function of this software and its services, we are entitled to, without notifying you in particular, update this software or change, limit, or even terminate part of the functional effect of this software.

4. License Scope of this Software: This software grants a user an individual and nontransferable (unless otherwise stated in this Agreement) license to use this software and its services. The user can use and operate this software on relevant terminals in a non-profit manner. The user must not copy, modify, change, use plug-ins to execute, or create any derivatives of data released to any device memory by or during the operation of this software or interactive data transmitted between the APP and the server during the operation of this software. The form includes but is not limited to using plug-ins, add-ons, or third-party tools/services that have not been authorized by us to access this software and its relevant systems or to reverse engineer part or all of this Software without authorization.

5. Use Restrictions: You agree to use this software and its services only based on the purposes stated in this Agreement. If you, with respect to the use of this software and its services or other actions, have intentionally or unintentionally threatened our ability to provide this software or other systems, we are entitled to take all reasonable actions to protect this software and relevant systems, which may include suspending your access to this software and its services. Repeated violations of these restrictions may result in the termination of these software services.

III. This Software and Its Service Content

1. This software and its services offer you electronic map services, trips services, video services, voice services, picture services, and other Internet of Things (IoT) services. The concrete functions and services are provided by this software as is in real-time based on actual conditions. We are entitled to determine this software or its services and the concrete content and forms of its functions and services (such as this software may be offered in specific language in specific countries or regions) and are entitled to decide to add, change, suspend, or terminate this software or its services and its functions or services.

2. Do not operate this software when you are driving a vehicle or getting on or off public transport. Be sure to use this software on the premises of safety to prevent traffic accidents or other dangers from happening.

3. You are aware that part of the service provided by this software will adopt default settings that are provided when you use this software for the first time and update this software version. You are entitled to, based on functions configured in this software, to set and adjust default setting options.

4. You understand that we only offer relevant network services. Devices related to relevant network services (such as terminal sand other equipment related to internet access) and required expenses (such as expenses for internet access) shall be borne by the user.

5. To better your experience in using this software and its services and to guarantee the security of your account, some functions and/or separate service items (such as interactive comment services) will require you, in accordance with relevant national laws and regulations, to provide real identity information for real-name registration to enable you to use them.

IV. User Account Rules

1. When you register an account or use this software and its services, you may be required to provide some necessary information. You must ensure that the information filled in and provided are real, accurate, and complete; otherwise, you may not be able to use these services, or be restricted during use, or even be affected whether you can use this software and its specific functions. You shall be responsible for any liability or damage arising by providing information that is untrue, inaccurate, or incomplete.

2. This software is entitled to offer services to you according to the truthfulness, accuracy, and completeness of the information you provided and whether such information meets other requirements stated in this software and its services. When you are using this software and its services, if the information provided changes, you should update the information timely.

3. When you have registered successfully, we will assign an account to you. The ownership of this account belongs to us and the user is only entitled to use it within the term of this Agreement. Without permissions of this software, this account is only allowed to be used by the user themselves. The account information and permissions must not be transferred, gifted, lent, sold, authorized, or leased to a third party or be controlled and used together with a third party.

4. If you wish to log off your account, you can contact your dealer or sales representative. After we have verified your identity, cleaned up the assets in your account (such as virtual assets you have recharged or acquired), and settled all relevant disputes, we will offer you the logoff service. After your account is logged off, we will stop offering services to you. If you have not logged in or used this software and its services for twelve (12) consecutive months, we reserve the right to directly log off your account and stop relevant services.

5. Once a user registers with this software and its services, its account may be able to use on this software, other products operated by our affiliated companies, or third-party platforms of our partners, and more. When using this software and its services' account to log in to and use other products or services, you should, in addition to abiding by the terms of this Agreement, abide by the terms of the service agreements of the other products or services. This software and its services and other products shall respectively be liable within the scope stipulated by law or stated in this Agreement to disputes that may arise.

6. In consideration of customer experience and functional services, the information requiring you to fill in for different services may not be fully consistent; therefore, when you are using more advanced services, to offer you better services and to guarantee the security of your login account, you may be required to supplement information before you can use these services.

7. You are responsible for protecting information about your account, such as user name and password; otherwise, you are responsible for legal liabilities arising out of such matters. Whenever the login account and login credentials of this software and its services are used, this software and its services shall deem the actions are performed by you, all electronic information records generated by these actions shall be regarded as valid credentials for this software and its services user behavior.

V. User Code of Conduct

1. You shall ensure that you will use this software reasonably and legally and accept this Agreement and abide by all effective laws and regulations.

2. Prohibited Conducts: You can use this software and its service within the scope stated by this Agreement. You must not use this software and its services for the following conducts:

(1) Use this software beyond the authorization scope or maliciously;

(2) Gift, lend, lease, transfer, or sell this software, or modify or destroy the original state of this software;

(3) Use this software to publish, transmit, disseminate, or store content that endangers national security, national unity, or social stability, or content that are insulting, defaming, pornographic, violent, disturbing others, or violating national laws, regulations, or policies; or to set an internet name or role name that contains the above content; or to release, transmit, disseminate advertisements, marketing information, spams, etc.;

(4) Use this software to infringe on legitimate rights of others' intellectual property, image, privacy, reputation, or more;

(5) Maliciously fabricate facts or conceal truths to mislead or deceive others;

(6) Carry out any conducts that jeopardize the security of the computer network, including but not limited to: use unauthorized data or access unauthorized servers/accounts; access public computer networks or others' computer systems without permission and delete, modify, or add storage information; attempt to, without authorization, detect, scan, or test the vulnerabilities of this "software" system or network or other conducts that undermine network security; attempt to interfere with or disrupt the normal operation of this "software" system or website, and intentionally spread malicious programs or viruses, and other actions that disrupt or interfere with normal network information services; forge the name of or part of the name of a TCP/IP packet; and use this software and its services to upload any viruses, Trojans, or worms that endanger the network health;

(7) Reversely engineer, decompile, or disassemble this software, or otherwise attempt to discover the source code and algorithms of this software, or modify or disable any functions of this software or create derivatives based on this software without permission. Remove any proprietary notices or labels from this software or documentation, or merge other software with this software;

(8) Perform any conduct that undermines the fairness of our services or other conducts that affect the normal order of the APP, such as fraud, group cheating, use of plug-ins, or other cheating software, or use of bugs (also referred to as "vulnerabilities" or "failures") to make illegal profits, or use the internet or other methods to publicize the plug-ins, cheating software, or bugs;

(9) Engage in other conducts that are prohibited by laws, regulations, policies, social norms, or public ethical standards, or other conducts that infringe on legitimate rights and interests of other individuals, companies, social groups, or organizations.

3. Information Content Use Specifications

Without written permission from us, you must not by yourself, or authorize, allow, or assist any third party to perform the following conducts on the information content in this software:

Copy, read, or use the information content of this software and its services for any form of commercial purpose;

(2) Edit, reorder, or arrange the information content of this software and its services and then display on other channels other than the source page of this software and its services without authorization;

(3) Use improper ways to cause or assist a third party in causing adverse impacts, such as guiding, transferring, or hijacking traffic or read counts, on the information content of this software and its services;

(4) Other conducts relate to the illegal acquisition of the information content of this software or to unfair competition.

VI. Personal Information Protection and Privacy Policy

1. We are consistent in our position to respect your privacy and protect your personal information, this software and its services shall take proper measures to protect your personal information and privacy. We commit that unless with our users' consent the software and its services will not collect or use personal information other than necessary for providing services, or use the information for any purpose other than for providing services.

2. You should aware that the collection of location information, video information, voice information, and picture information is necessary for the operation of this software. If you decline to provide such information, we may not be able to offer you this software and its services. To determine the location of your device as to offer you location services, this software and its services may need to send some relevant location data (including but not limited to GPS/mobile satellite base stations and WiFi/WLAN hotspot information) to this software. To offer you video and voice services, this software and its services may need to collect and send relevant video and voice data collected by the device to this software. Although this software and its service will continuously improve the location services quality, the loss of or poor satellite signals or network, or other kinds of objective, technological, or more reasons may cause this software and its services fail to determine the location of your device or to display correct, precise, or complete location. You should not depend totally on the location services of this software and its services. For the safety of you and your property, you must not share to or with strangers your location information, video information, voice information, or picture information.

3. Security Protection: We will use all types of security technologies and programs to establish a complete management system to protect your personal information and privacy against unauthorized access, use, or disclosure.

4. Use and Disclosure of Information: We are entitled to, under the premises of abiding by laws and regulations and in an express manner, obtain, use, preserve, or share your personal information. We will not, without your authorization, publicize, edit, or disclose your personal information or non-public content that you keep with us.

5. You agree that we have the right to collect your use and behavior data through cookies and other technologies, and use the anonymized and commercial-only data when it is anonymized and no longer directed or associated with your personal identity information. You are entitled to delete cookies according to your preferences, but if you do so, you need to change the user settings each time you visit our website. The current path to delete cookies is Settings > Clear Data for the browser or you can restore/clear the mobile system.

6. In addition to complying with the personal information protection and privacy policies specifically agreed under this Agreement, we hope that you will carefully and thoroughly read the Privacy Policy that we have formulated and released in time for this software, which will be more helpful in protecting your personal information.

VII. Third-Party Services

1. This software and its services may point to or contain any website, products, services, or any other content provided by any third party in the form of but not limited to external links, service interfaces, etc. Third-party services are provided by third-party companies or organizations. Any commitments, statements, or actions made to you by third parties in the course of providing services to you have nothing to do with us. When you use third-party services, you are advised to attentively read and comply with the terms of service, license agreements, personal information protection policies, or other similar legal documents that third parties require you to comply with. If you fail to abide by the terms of service, license agreements, privacy policies, or other similar legal documents of third parties, we shall assume no liabilities for any loss caused to you in this regard.

2. For the safety of you and your property, you are advised to prudently judge whether to use third-party services, especially when payment is involved. You are aware and understand the risks and consequences that may arise from the use of third-party services, including but not limited to issues such as privacy disclosure and property loss. If any accidents, damages, complaints, disputes, or other issues such as that the third party refuses to provide services during your use of these third-party services, you are advised to consult and negotiate with the third party for settlement, and we will offer you with necessary information and assistance.

3. Some third-party services require the use of your personal information. By using these services, you have agreed that we can send the corresponding personal information to the corresponding third party, so that the third party can provide you with the corresponding services. We cannot monitor or control how third parties collect, use, process, preserve, transmit, or protect your personal information. If your personal information is accessed, used, or disclosed without authorization because of third parties, you should assert your rights against the corresponding third party, and the third party shall assume corresponding liabilities.

4. Your interaction with other users is only a behavior between you and the other users. We do not control and shall not assume any legal liabilities for the above user content. You shall assume legal liabilities for the risks arising from the use of this user content and the interaction with the other users. We shall assume no legal liabilities other than these explicitly stipulated by law for such behaviors.

VIII. Charges

You agree that we are entitled to adjust the prices of products and services directly operated by this platform. If the effective laws and regulations require the user to be notified in advance, we will notify you in advance in a reasonable time and in a reasonable manner. If you do not agree with the change in fees, you are entitled to terminate the use of this software and its services before the fee is changed. You should pay any taxes and fees stipulated by law and in accordance with the law.

SolidCoin is a virtual currency released by this platform. The price of this virtual currency is subject to the price your sales representative or dealer offered to you.

The SolidCoin can be used to pay for device import and service renewal on this platform.

The SolidCoin can be used not only to exchange for products and services directly operated by this platform, but to transfer to lower-level users. It cannot be used to exchange for cash or products or services beyond this platform.

The validity of SolidCoins is 5 years. If your account has no transaction records within 5 years, the SolidCoins in your account will be frozen and withdrawn by this platform. You can extend the validity of the SolidCoins in your balance by recharging and consuming them.

If you purchase both the hardware device and the platform import services in your order, the SolidCoins corresponding to the platform import service will be re-charged to your account, and the corresponding amount will be deducted when devices are imported to your account.

IX. Information or Advertisement Push

You agree to accept the services provided by us while allowing us to show you advertisement, promotion, or publicity information (including commercial and non-commercial information) from us or third-party advertisers in compliance with laws and regulations. If you are not interested in the recommended advertisements or information, you can, based on the relevant technical options we provide, control the system to show or not show/reduce the display of advertisements or information of relevant types.

X. Intellectual Property Rights and Other Rights

1. We have relevant rights to materials protected by the intellectual property rights or other laws contained in this software; except for the content that users enjoy copyright in accordance with the law, the intellectual property rights of the entire content of this software belong to us or associated companies.

2. The intellectual property rights of the original information such as texts, pictures, videos, software, and performances uploaded and published by you using this software and its services when you use our services belong to you (or otherwise contracted between you and a third-party content provider), but you are aware and confirm that your publication and uploading of such information are deemed to be non-exclusively, permanently, and irrevocably granted to us the right to use, copy, etc. all intellectual property rights related to such information, and you agree that we may sublicense the above rights.

3. Competitive data rights and interests obtained based on the legal processing of data, except as otherwise stipulated by laws and regulations, we shall enjoy independent use rights and interests without having your consent.

XI. Disclaimers

1. We do not guarantee the truthfulness, accuracy, or completeness of information, content, advertisements, or any other information (hereinafter collectively referred to as "information") that you obtain from others or third parties using this software. If any organization or individual conducts any actions using the above "information", you are responsible to determine their truthfulness and to be cautious to prevent risks. When you accept this software and its services, you may be exposed to unpleasant, inappropriate, or repulsive content. Under no circumstances shall we assume liabilities for any such content. Whatever the reason is, we shall not bear any direct, indirect, incidental, or derivative losses and liabilities for any transactions or actions that do not directly incur with us.

2. In view of the particularity of internet services, you understand and agree that we shall assume no liabilities for the losses (including but not limited to losses in property, income, data, etc. or other intangible losses) that you suffer under the following circumstances:

(1) This software and its services are obstructed and cannot operate normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, etc.;

(2) This software and its services are interrupted or delayed due to computer viruses, Trojans, other malicious programs, hacker attacks, or technical adjustments or failures or system maintenance of telecommunications departments or network operators;

(3) This software and its services are interrupted, terminated, or delayed due to changes in laws and regulations, orders or rulings of judicial and administrative agencies, etc..

3. Although this Agreement may contain contradictory terms, all of our liabilities to you, for whatever reason or in whichever way, will never be beyond the fees (if any) you pay us for using our services during the period of use.

4. Complaints or reports about information content: If your legitimate rights and interests are inadvertently being infringed on while using this software, you are entitled to notify us to take necessary measures to handle such infringements. If during the use of this software you find that there are violations of laws and regulations or violations of the relevant rules of these services, you are also entitled to report to us, we will take necessary measures (such as delete, block, disconnect the link, or restrict the use of functions, etc.) in a timely manner to handle such violations.

5. Protection and authorization of content: To the extent allowed by laws and regulations, you agree and authorize us to take any form of legal action, including but not limited to complaints, lawsuits, or other necessary protection actions, against any actions (including but not limited to without authorization copying, using, editing, plagiarizing, or other actions) that infringe your legitimate rights and interests.

XII. Liabilities for Breach of this Agreement

1. Independent judgment: If we discover, or receive reports or complaints from others that you breach the terms of this Agreement, or violate laws, regulations, or relevant national regulations, we are entitled to make independent judgments and take measures such as warnings, termination/suspension/restriction of the use of the browser, or claims of damages.

2. If your actions cause loss to us (including but not limited to direct loss, reputation loss, fines or claims from third parties, etc.), we are entitled to claim you to recover our loss in full, or if you have a deposit, virtual currency, or other property, or other virtual rights and interests such as coupons we are entitled to freeze such property or rights and interests.

3. If you breach the terms of this Agreement and have a dispute with a third party or a dispute arising from the use of third-party services, all consequences shall be borne by you and have nothing to do with us, but we will do whatever we can in accordance with the law to assist you in handling such disputes.

XIII. Applicable Law and Jurisdiction

1. Applicable law: The law of the People's Republic of China (excluding laws of Hong Kong Special Administrative Region, Macau Special Administrative Region, and Taiwan) shall be applied to the conclusion, implementation, interpretation, and dispute settlement of this Agreement.

2. Jurisdiction: Any dispute arising out of this Agreement between you and us shall be settled through friendly negotiation. In case no settlement can be reached, either party may submit such a dispute to and for settlement through litigation at the people's court of the place where we are domiciled.

XIV. Contact Information

If you have any questions, complaints, or suggestions, we welcome your feedback. You can contact us by:

Customer service hotline: 48587282705

Customer service email: kontakt@maxtrack.pl