Product and Service Use Agreement
<p style="text-align: center;"><strong>­­­</strong> <strong>Ping An Cloud RPA Robee Product and Service Use Agreement</strong></p>
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<p>"Ping An Cloud RPA Robee Product and Service Agreement" is an effective agreement between Shenzhen Ping An Communication Technology Co., Ltd. (hereinafter referred to as "Ping An Communication Technology") and you regarding products and/or services provided by Ping An Communication Technology. Ping An Cloud RPA Robee Product and Service Agreement is hereinafter referred to as “the Agreement”. Ping An Cloud RPA Robee products, services or products and/or services, hereinafter are referred to as "the Service".</p>
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<p><strong>Before accepting this Agreement,</strong> please read all of the contents carefully;<strong> you are not authorized to use the Service unless you have read and accepted all the terms of this Agreement and related agreements, rules, etc. </strong>If you have any questions about the terms, please contact Ping An Cloud's customer service hotline 4001518800, and Ping An Communication Technology will explain to you; if you can't accurately understand Ping An Communication Technology's explanation of the terms, or you do not agree to any of the contents of this Agreement, please do not make the follow-up operations. <strong>Any of your operations such as confirming, actually purchasing or using services provided by Ping An Cloud RPA Robee product through clicking on the webpage means that you have read and fully understand the contents of the Agreement and have agreed with Ping An Communication Technology to order the corresponding services, and agree to accept all the contents of the Agreement and be bound by it.</strong></p>
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<p>Regarding the Agreement, <strong>you are specifically reminded of the following:</strong> please be sure to read carefully and fully understand the contents of each term, especially regarding the restrictions, exemptions, identification and treatment of violations/defaults, and the choice of jurisdictional courts. The foregoing terms may be noted in <strong>bold </strong>and/or underlined.</p>
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<p><strong>1. Service contents </strong></p>
<p>1.1 Ping An Cloud products and services refer to products and services displayed and provided to Party A on the website of Ping An Cloud (https://pingancloud.com). “Products and Services” in this Agreement refers to purchase of the license keys of three products (namely, the execution robot, the design robot and the control robot), the download of clients of the RPA execution robot and RPA designer product, and related services such as going to the smart scheduling platform, etc. provided by Party B to Party A according to Ping An Cloud's service quotation and subscriptions. </p>
<p>The Ping An cloud products and services provided by Party B must comply with this Agreement. </p>
<p>1.2 When providing and subscribing products or services on Ping An Cloud, Party A shall abide by this Agreement and shall also abide by the subscription agreement on the product and service ordered by Party A, which is an effective part of this Agreement.</p>
<p>During the subscription period, Party B shall, in accordance with and subject to the service level agreement, provide Party A with services consistent with the service level.</p>
<p><strong>1.3</strong> <strong>Third party products and services</strong></p>
<p>1.3.1 If Party A obtains and uses any product or service (including but not limited to products and services provided by third parties such as service providers on the service marketplace of Ping An cloud) provided by any third party through services of Ping An Cloud, Party A shall access whether the product or service meets the requirements of Party A.</p>
<p>1.3.2 The opening of any third-party product or service may require a separate service agreement between Party A and the third party. A separate service agreement may be displayed in electronic form or as a separate paper document. Party A may decide whether or not to accept the service agreement and use the product or service according to its own situation.</p>
<p>1.3.3 Party A's disputes arising from the use of third-party products or services shall be resolved by Party A and the third parties through negotiation.</p>
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<p><strong>2. Service price </strong></p>
<p>2.1 Ping An Communication Technology will list the service prices on the relevant pages of the website of yun.pingan.com, or provide you with information on the fees payable for subscribing the services according to the specifications of the services you select. You shall pay for the services by following the price policy listed on the website of yun.pingan.com. The specific service content is subject to the description on the page when you are purchasing the specific service, unless otherwise agreed by the Agreement or both parties.</p>
<p>2.2 You may top up your Ping An Cloud account via online banking or bank transfer before subscribing the specific services and make payment. The payment method and other related specific rules are subject to the content displayed on the website of Ping An Cloud. Depending on the type of service you are subscribing, you will need to complete the service fee payment according to the corresponding time limit displayed on the website of Ping An Cloud; <strong>before you pay the full fee as agreed, Ping An Communication Technology reserves the right not to provide the corresponding services to you, or to terminate the corresponding services, and has the right to charge 5 basis points of the amount of the arrears on a daily basis as a late payment penalty until the full payment is made. Ping An Communication Technology reserves the right to terminate this service agreement unilaterally if you fail to pay the due amount within 30 days. And if you use the prepaid service at the same time, the fee corresponding to the service term you have not used will be owed to Ping An Communication Technology as a default penalty.</strong></p>
<p><strong>2.2.1 Services requiring upfront payment before use:</strong></p>
<p>2.2.1.1. If you purchase services sold in the form of a package for a year, Ping An Communication Technology will provide you with services after you pay the full service fee;</p>
<p>2.2.1.2. You will need to complete the payment in time after the order is submitted; if the payment is not completed in time, the order will be invalid, and once the order is invalid, any agreement or action between you and Ping An Communication Technology regarding the services and prices stated in the order will be void;</p>
<p>2.2.1.3. If you plan to continue to use the service after the expiration of the period of the service you have subscribed, please pay the renewal fee at least 7 days before the expiration of the service period so that the service can continue.</p>
<p><strong>2.2.2 Try-and-pay services: </strong></p>
<p>If you purchase a service that is sold on a pay-as-you-go basis, you may first open and then use the service. Ping An Communication Technology will automatically calculate the usage for the last 1 (one) billing period on an hourly, daily, monthly or yearly basis depending on the type of service and deduct the corresponding service fee from your balance of Ping An Cloud account. The specific deduction rules and billing items shall be subject to the contents announced on the Ping An Cloud website.</p>
<p>2.3 You understand and acknowledge that Ping An Communication Technology may provide you with free services within a certain limit of use or through invitation for testing, public beta, etc. You will not be required to pay for the service within the limit for free use or the period for free service. <strong>Ping An Communication Technology may not be liable for any loss that users may incur due to the use of the above-mentioned free services and products, but may give appropriate compensation such as user vouchers (Ping An Communication Technology has the full right to interpret the compensation method);</strong> Ping An Communication Technology does not rule out the possibility of charging fees in the future. At that time, Ping An Communication Technology will make reasonable efforts to publish the fee policy and specifications in advance through the appropriate announcements on the website or by sending website inmails; if you still use the corresponding services, you shall make payment in accordance with the fee policy that is in effect at that time.</p>
<p>2.4 All amounts and fees specified or referred to under this Agreement:</p>
<p>(A) contain related taxes;</p>
<p>(B) are paid in RMB;</p>
<p>(C) may not be revoked or refunded.</p>
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<p><strong>3. User rights and obligations</strong></p>
<p>3.1 You have the right to use the services you have purchased in accordance with this Agreement and obtain the technical support services from Ping An Communication Technology.</p>
<p>3.2 You promise that you will not use technology or other means to disrupt or disturb the website and websites of other customers of Ping An Communication Technology.</p>
<p>3.3 You promise that users will comply with national and local laws and regulations, industry practices and social public ethics when using the Service, and will not use the services provided by Ping An Communication Technology to store, publish and disseminate the following information and contents: any content (information) that violates national laws, regulations and policies; political propaganda and/or news information in violation of state regulations; information concerning state secrets and/or security; feudal superstition and/or obscenity, pornography, indecent information or information on instigation of crime; information about gaming prizes, gambling games; information that violates national ethnic and religious policies; information that impedes the security of the internet; information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, social security, and public morals. The user also promises not to provide any convenience for others to publish the above-mentioned information and content that does not comply with national regulations and/or the Service Agreement, including but not limited to setting URL, BANNER link, sending emails, text message, etc. The user acknowledges that Ping An Communication Technology has the right to terminate the provision of services to users when the user violates the above-mentioned agreement and does not refund any money. If the user causes damage to Ping An Communication Technology, the user shall be liable for the compensation.</p>
<p>3.4 Ping An Communication Technology reserves the right to refuse to continue to provide any services to users when you violate the Ping An Cloud Platform Service Agreement.</p>
<p>3.5 You promise that you will not misuse Ping An Cloud platform resources, including but not limited to any hacking-related behavior, virtual currency mining, grid computing, etc. Once discovered, the host will be forced to stop and the account will be frozen immediately.</p>
<p>3.6 You shall take reasonable and safe technical measures to ensure the safety and integrity of your information and other information in addition to the various data stored on the Ping An Communication Technology server due to the use of the Service. You shall be solely responsible for the consequences of your actions, including but not limited to arrears, self-installation of software, encryption or other security measures.</p>
<p>3.7 Your use of the Service is subject to the Service Agreement and the requirements of Ping An Communication Technology. You may not use the Service to perform, including but not limited to, the following acts, and may not facilitate the following activities (including but not limited to facilitating the actions of users, etc.):</p>
<p>3.7.1 Using the cloud server of the Service as a virtual server or as a disk space for lease, and as a proxy server (Proxy) or mailbox server;</p>
<p>3.7.2 Conducting illegal internet activities such as gaming, gambling games, "private server", "illegal plug-ins", etc.;</p>
<p>3.7.3 Publishing, transmitting, and distributing email advertisements, spams;</p>
<p>3.7.4 Publishing, transmitting, and distributing unwanted or unsolicited emails, electronic advertisements, SMS advertisements, or emails or text messages containing harmful information such as reactionary and pornographic information;</p>
<p>3.7.5 Establishing or utilizing related devices or configuring programs or processes that are not related to the services used, resulting in a large occupation of server memory, CPU or network bandwidth resources in the Service, putting a heavy load on the system of the Service or other networks, servers (including but not limited to local and foreign and international networks, servers, etc.), products/applications, services, etc. used by users in the Service, affecting the smooth connection between the Service and the internet or the Service and specific networks, servers or among the Services, or leading to the server downtime, crashes or products or services of other service users being inaccessible, etc.</p>
<p>3.7.6 Conducting any damage or attempting to disrupt the security of the network, including but not limited to viruses, Trojans, malicious code, phishing, etc., malicious scanning of other websites and servers, illegal intrusion into the system, illegal access to data, etc.;</p>
<p>3.7.7 Making any changes or attempt to change the system configuration provided by the Service or act to undermine the security of the system;</p>
<p>3.7.8 Using technology or other means to disrupt or disturb the operation of the Service or the use of the Services by others;</p>
<p>3.7.9 Interfering with or attempting to interfere with the normal operation of any product or any part or function of Ping An Communication Technology in any way, or to make, publish or disseminate such tools, methods, etc.;</p>
<p>3.7.10 Conducting any conduct that may violate honesty and credit, public order, and public morality;</p>
<p>3.7.11 Users are frequently attacked (including but not limited to DDoS attacks) because you engage in any business including but not limited to "DNS resolution", "security services", "domain name proxy", "reverse proxy", etc.</p>
<p>If the user performs the above operations and does not correct the user's behavior in time or eliminates the impact according to the requirements of Ping An Communication Technology, and thus threatens the service platform or other users of the Service, once discovered, the host will be forcibly stopped and the account will be frozen immediately. If the loss is caused to Party B, Party B reserves the right of remedy. </p>
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<p><strong>4. Rights and obligations of Ping An Communication Technology</strong></p>
<p>4.1 Ping An Communication Technology shall provide you with the services and technical support services purchased by you in accordance with the Agreement.</p>
<p>4.2 If Ping An Communication Technology discovers by itself or discovers according to the information of the competent department, or complaints by a right holder, etc. that you have violated relevant laws, regulations, rules or the Agreement, Ping An Communication Technology has the right to take one or more of the following measures according to its independent judgment:</p>
<p>4.2.1 Require you to delete and modify related content immediately.</p>
<p>4.2.2 Directly delete, block related content, or disconnect links.</p>
<p>4.2.3 Restrict or suspend the provision of the Service (including but not limited to directly delisting some services for you and revoking related resources, putting restrictions on the operation of your account, etc.).</p>
<p>4.2.4 If the circumstances are serious, Ping An Communication Technology reserves the right to terminate the Service for you and terminate the Agreement (including but not limited to direct delisting of all the services for you and revoking related resources, etc.). The fee corresponding to the service period that is not used will be owned by Ping An Communication Technology as a penalty.</p>
<p>4.2.5 Hold you accountable for other responsibilities according to law.</p>
<p>4.3 Ping An Communication Technology has the right to conduct reviews for you and decide whether to accept you as a user of the service provided by Ping An Cloud.</p>
<p>4.4 Ping An Communication Technology reserves the right to terminate the Service for you if you violate current national or local laws and regulations or the Service Agreement, and has the right to cooperate with the national superior authorities to investigate you, and in any case Ping An Communication Technology may not be liable for any indirect, incidental, special or consequential damages.</p>
<p>4.5 Ping An Communication Technology reserves the right to force a downtime and freeze your account if you abuse system resources.</p>
<p>4.6 Third party software or technology may be used in the Services. If used, Ping An Communication Technology guarantees that it has obtained legal authorization. At the same time, Ping An Communication Technology will display related agreements or other documents in accordance with relevant regulations or agreements. The aforementioned related agreements or other documents presented in various forms are an integral part of the Service Agreement and have the same legal effect as the Service Agreement, and the user shall comply with these requirements.</p>
<p>4.7 If any user uses Ping An Cloud RPA Robee products or services to engage in matters prohibited by users' rights and obligations, or to use the Service to engage in illegal or damaging matter, Ping An Communication Technology has the right to review and disable the user account and delete the corresponding resources in violation.</p>
<p>4.8 Ping An Communication Technology may assign some or all of the rights and obligations of this Service Agreement to a third party, but Ping An Communication Technology must notify you in writing 60 days in advance. For the purposes of this paragraph, the parties agree to sign all documents reasonably necessary and take reasonable and necessary measures.</p>
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<p><strong>5. Privacy protection</strong></p>
<p>When Party A signs this Agreement, it is deemed to agree to and accept all terms of the Ping An Cloud User Service Agreement (https://pingancloud.com/ssr/help/others/Legal_documents/Service_agreement) and the Privacy Policy (https://pingancloud.com/ssr/help/others/Legal_documents/Privacy_policy).</p>
<p><strong>5.1 In order to further improve your experience in using services of Ping An Cloud RPA Robee product, and to provide you with better services, Ping An Communication Technology will collect the necessary data and information and analyze the data in the process of service provision so as to provide you with more upgraded and caring services.</strong></p>
<p><strong>5.2 Ping An Communication Technology will not disclose, edit or disclose the user's personal information and non-public content stored on Ping An Cloud Platform without the authorization of a legitimate user, unless:</strong></p>
<p><strong>5.2.1 As stipulated by laws, regulations or legitimate service procedures of Ping An Communication Technology;</strong></p>
<p><strong>5.2.2 In the event of an emergency, to protect the rights of users and the public;</strong></p>
<p><strong>5.2.3 Maintain the trademark rights, patent rights and any other legal rights of Ping An Communication Technology;</strong></p>
<p><strong>5.2.4 Other circumstances that require disclosure, editing, or disclosure of personal information in accordance with the law.</strong></p>
<p><strong>5.3 In the following (including but not limited to) cases, you authorize Ping An Communication Technology to use your personal information:</strong></p>
<p><strong>5.3.1 Ping An Communication Technology may share the user's personal information with the sponsor in case of promotions or luck draws. In these cases, Ping An Communication Technology will prompt the user before sending the user information, and the user can terminate the transfer process by not participating;</strong></p>
<p><strong>5.3.2 Ping An Communication Technology may cooperate with third parties to provide related network services to users. In this case, if the third party agrees to assume the same responsibility for protecting user privacy as Ping An Communication Technology, Ping An Communication Technology has the right to provide user data and information to the third party;</strong></p>
<p><strong>5.3.3 Without revealing the privacy information of individual users, Ping An Communication Technology has the right to analyze the entire user database and make commercial use of the user database as a whole.</strong></p>
<p><strong>5.3.4 Improve Ping An Communication Technology products and services to better meet user needs</strong></p>
<p><strong>5.3.5 What should be provided in accordance with the provisions of China's current effective laws and regulations.</strong></p>
<p><strong>5.3.6 As required by administrative, judicial and other functional authorities under certain special circumstances.</strong></p>
<p><strong>5.3.7 Data provided by Ping An Communication Technology to a third party as agreed by the user.</strong></p>
<p><strong>5.3.8 Data submitted by Ping An Communication Technology for addressing the whistle-blowing issues and filing lawsuits.</strong></p>
<p><strong>5.3.9 Information that must be submitted by Ping An Communication Technology to take necessary and reasonable action to prevent serious violations or suspected criminal acts.</strong></p>
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<p><strong>5.4 The collection and storage of service information is based on: a) use collected and stored service information for related products or services required for provision of products and services by Ping An Communication Technology, and b) improve the products and services of Ping An Communication Technology in order to better meet the needs of users and provide customized services for users, otherwise your product or service experience will be relatively weakened. Ping An Communication Technology may automatically collect and store user's software information, hardware information, and information that users upload to the Ping An Cloud server automatically from the user's smart terminals (including mobile phones, computers, TVs, etc.) as well as browsers, and information about users' preference for use. The above information includes but is not limited to the user's mobile phone IMEI number, login name, operating system information, user's IP address, cookie information, use of GPS and other location services, the pages accessed by the user and other information.</strong></p>
<p><strong>5.5 Ping An Communication Technology only provides corresponding security measures according to the current technology, so that the information possessed by Ping An Communication Technology will not be lost, abused or altered. These security measures include backing up data to other servers and encrypting user passwords. Despite these security measures, Ping An Communication Technology does not guarantee the absolute security of this information.</strong></p>
<p><strong>5.6 Ping An Communication Technology will use the personal information collected by the users according to the law for internal purposes such as auditing, data analysis, research and sharing between affiliated companies, so that users can better enjoy the comprehensive services provided by Ping An Communication Technology which can also improve its products and services.</strong></p>
<p><strong>5.7 Authorization of information:</strong></p>
<p><strong>5.7.1 You authorize Ping An Communication Technology, unless otherwise required by law, to use the information you provide to Ping An Communication Technology, the information generated from enjoyment of services provided by Ping An Communication Technology (including information provided and generated prior to the execution of this Agreement), and the information that Ping An Communication Technology inquires and collects according to this Agreement for Ping An Communication Technology, its affiliates and its partners entrusted due to necessity of services to provide services, recommend products, conduct market research and analysis of information data for you;</strong></p>
<p><strong>5.7.2 You authorize Ping An Communication Technology to provide, enquire, and collect your information with partners of Ping An Communication Technology and its affiliates under cooperation as required of providing services for the purpose of better services and products except as otherwise stipulated by law;</strong></p>
<p><strong>5.7.3 To ensure the security of your information, Communication Technology and its partners are obligated to keep the above information confidential and take various measures to ensure information security;</strong></p>
<p><strong>5.7.4 The terms and conditions shall become effective at the time of signing the Agreement with independent legal effects and may not be affected by the establishment of the contract or any change in the effectiveness status of the contract;</strong></p>
<p><strong>5.7.5 If you do not agree to part or all of the above terms for authorization, you may cancel or change the authorization by calling the customer service hotline (4001518800).</strong></p>
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<p><strong>6. Liability for breach of contract, compensation and limitation of liability </strong></p>
<p>6.1 Both Party A and Party B shall conscientiously perform the Agreement and strictly enforce their respective responsibilities. Violation of the provisions of this Agreement constitutes a breach of contract, and the defaulting party shall be liable for breach of contract according to law.</p>
<p>6.2 Each party shall indemnify and hold the other party from damages in respect of claims, law suits, procedures, losses, damages, expenses and costs (including court fees and attorneys' fees) arising out of or in connection with this party.</p>
<p>Party B guarantees that the services provided to Party A shall comply with this clause. Otherwise, Party B shall be actively responsible for the amendment, but the problems caused by the subordinates are not covered by the guarantee:</p>
<p>(A) Party A fails to use the platform as specified in this clause.</p>
<p>(B) Reasons due to Party A's own plug-ins, products, systems, or third-party software products used and issues of compatibility and adaption with online trading platforms.</p>
<p>(C)Hardware or network failure not caused by Party B.</p>
<p>(D) When Party B performs server configuration and maintenance, it needs to interrupt the service for a short time.</p>
<p>(E) The speed of your website access, applications, or services is slowing due to channel blocking on the Internet.</p>
<p>(F)Other problems that are not caused by Party B.</p>
<p>6.3 In no event shall Party B be liable for any loss or damage suffered by Party A (or any person making a claim through Party A), whether such loss or damage is direct or indirect, immediate or consequential, generated based on agreement, infringement (including negligence) or any other claim:</p>
<p>(A)Loss of profits;</p>
<p>(B)Expected loss of income;</p>
<p>(C)Loss of business opportunities;</p>
<p>(D)Loss of goodwill.</p>
<p><strong>6.4</strong> <strong>Ping An Communication Technology may not be liable for any indirect or punitive damages, including loss of profits suffered by you due to use of Ping An Cloud RPA Robee service (even if you have been informed of the possibility of such losses).</strong></p>
<p>6.5 Even if the parties agree otherwise, any claim of any kind relating to this Agreement (whether based on contract, infringement, negligence, strict liability under infringement, legal provisions, or other reasons), Party B’s liability is limited to compensating the direct actual loss. <strong>In any case, Ping An Communication Technology's total liability for breach of contract for this term of service may not exceed the total service fee corresponding to the default service.</strong></p>
<p>6.6 Due to force majeure, faults of the basic operator, cyber security incidents or other incidents beyond the reasonable control of the parties, either party may not be liable for any delay in performance of this Agreement or the breach of contract.</p>
<p>6.7 Party A understands and agrees that Party B's services are provided in accordance with the current status quo and conditions. Party B will do its utmost to ensure the continuity and security of the service, but Party B cannot guarantee that the services it provides will be flawless. Therefore, Party A also agrees that even if the services provided by Party B have defects, if the above-mentioned defects are unavoidable at the time of the industry's technical level, they will not be regarded as Party B's breach of contract. Both parties should work together to solve the problems.</p>
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<p><strong>7. Disclaimer</strong></p>
<p><strong>7.1 Ping An Communication Technology does not guarantee (including but not limited to):</strong></p>
<p><strong>7.1.1 Ping An Cloud RPA Robee products and services are suitable for all users;</strong></p>
<p><strong>7.1.2 Ping An Cloud RPA Robee products and services are uninterrupted, timely, secure, and reliable or error free.</strong></p>
<p><strong>7.1.3 Your use of any information obtained through Ping An Cloud is at your own risk; you are solely responsible for any damage to your computer system or loss of data due to the use of the Service;</strong></p>
<p><strong>7.2 Ping An Communication Technology reserves the right to suspend or terminate the services for you if you violate any national or local laws, regulations or this Service Agreement. </strong></p>
<p><strong>7.3 You agree and authorize that, if you commit frauds, publish or sell counterfeit goods, infringe on the legal rights of others or commit other serious violations of any Ping An Cloud rules when you use the Ping An Cloud RPA Robee products and services, Ping An Communication Technology has the right to disclose within the scope of the website of Ping An Communication Technology on the website of Ping An Cloud that your Ping An Cloud account may be cancelled and you can no longer log in to any website of Ping An Communication Technology, and all website services are terminated at the same time.</strong></p>
<p><strong>7.4 During the use of this Service, the contents of this Service Agreement, the prompts about trading operations appearing on the page or the information sent to your mobile phone (SMS or phone, etc.) by Ping An Communication Technology are the rules for your use of the Service. By using the Service, you agree to be bound by the rules of the Service. You understand and agree that Ping An Communication Technology has the right to unilaterally modify the relevant rules of the Service without the consent of you. The service rules shall be based on the page prompts (or SMS or calls sent to the mobile phone) when the user uses the Service. Your consent to and compliance with the service rules is a prerequisite for your use of the Service.</strong></p>
<p>7.5 Ping An Communication Technology may notify you of the progress of the service by email (or SMS sent to your mobile phone or calls) and prompt the user to proceed to the next step, but Ping An Communication Technology does not guarantee that the user can receive the email (or SMS sent to your mobile phone or calls, etc.) or receive it in time and bear any consequences for this. Therefore, during the service process, you should log in to the Ping An Cloud website to view and conduct trading operations. Ping An Communication Technology is not responsible for any disputes or losses caused by your failure to review, revise or confirm the status of the service or to submit the relevant application.</p>
<p>7.6 You are solely responsible for any consequences resulting from your incorrect contact provided to Ping An Communication Technology and the security and stability of your email address for receiving emails from Ping An Communication Technology, including but not limited to consequences and losses resulting from your failure to receive timely notice from Ping An Communication Technology.</p>
<p>7.7 System interruption or failure</p>
<p>Ping An Communication Technology may not be liable for damages if the system fails to function properly due to the following conditions, including but not limited to:</p>
<p>7.7.1 The system is during system downtime and maintenance.</p>
<p>7.7.2 Data transmission cannot be performed due to failure of telecommunication equipment.</p>
<p>7.7.3 The system of Ping An Communication Technology is not able to perform operations due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, blackouts, wars, terrorist attacks, etc.</p>
<p>7.7.4 Service interruption or delay due to hacking, technical adjustments or failures in the telecommunications sector, website upgrades, banking issues, etc.</p>
<p>7.7.5 Other faults that are not due to Ping An Communication Technology, situations that Ping An Communication Technology cannot control or reasonably foresee.</p>
<p>7.8 The quality and content of the services provided by any partner of the services shall be the responsibility of the partner.</p>
<p>7.9 To the extent permitted by law, Ping An Communication Technology may not be held liable for any indirect, punitive, special, derivative losses (including business loss, loss of gains, loss of profits, loss of data used or any other economic interest) in connection with or arising out of the Service Agreement, whether or not it is caused by a breach of contract (including a breach of warranty) or an infringement of the Service Agreement, even if it has been previously notified of the possibility of such loss. In addition, Ping An Communication Technology's liability for the above losses should be excluded even if the exclusive remedies provided in this Service Agreement do not meet its basic purpose.</p>
<p><strong>7.10 In view of the specificity of the network services, you agree that Ping An Communication Technology may change, discontinue or terminate some or all of the Services at any time without justifiable liability to you. However, Ping An Communication Technology will notify you as soon as possible so that you can make backups of your data and business adjustments to protect your legal rights.</strong></p>
<p>7.11 In order to provide you with better services, Ping An Communication Technology has the right to regularly or irregularly overhaul, maintain and upgrade the platform or related equipment that provides this Service. Ping An Communication Technology may not be liable to you for any reason if the related services are interrupted or suspended within a reasonable time.</p>
<p>7.12 You understand and agree that Ping An Cloud RPA Robee products and services are provided in accordance with the current state of the art and conditions. Ping An Communication Technology will do its utmost to provide you with services that ensure continuity and security; however, Ping An Communication Technology cannot guarantee that the services it provides will be flawless and that it will not foresee and prevent legal, technical and other risks at all times, including but not limited to, service interruption, data loss, data leakage or theft and other losses and risks due to force majeure, viruses, Trojans, hacking, system instability, defects in third-party services, government actions, etc. <strong>Therefore, you agree that even if there are defects in Ping An Cloud RPA Robee products and services, the above-mentioned defects are unavoidable based on the technology level within the industry and will not be regarded as a breach of Ping An Communication Technology, and at the same time, Ping An Communication Technology shall be exempt from any loss of data or information caused to you.</strong></p>
<p>7.13 You understand and agree that in the course of using the Service, you may encounter risk factors such as force majeure, which may cause the Service to be interrupted. In the above situation, Ping An Communication Technology will try its best to cooperate with the relevant units in the first time to repair in time, but Ping An Communication Technology will be exempted from any loss caused to you.</p>
<p>7.14 You understand and agree that Ping An Communication Technology assumes no responsibility for any loss caused to you due to your own use of Ping An Cloud RPA Robee product service to install pirated software, systems and data resources. Ping An Communication Technology reserves the right to recover if your own actions result in the loss of Ping An Communication Technology.</p>
<p>7.15 In no event shall any party be liable for any indirect, incidental or special damages or losses of the other party, including but not limited to the loss of the available benefits, the fees paid by the other party to third party, even if the party has been informed of the possibility of such losses).</p>
<p> </p>
<p><strong>8. Intellectual property</strong></p>
<p>8.1 In addition to products or services provided by third parties, all contents on the Ping An Cloud website, including but not limited to software, pictures, files, information, materials, architecture, page design, etc. with features such as copyrights, trademarks, patents, trade secrets, etc. are owned by Party B or affiliates of Party B.</p>
<p>8.2 Party A has the right to use within the scope of the clause, and bear the corresponding confidentiality obligations. No part of any program or content on the website may be used, modified, reproduced, publicly transmitted, altered, spread, distributed or published without the written consent of Party B or affiliates of Party B.</p>
<p>8.3 Either party shall respect the intellectual property rights of the opposite party and any third party, Party B's authorization to Party A for use in accordance with the terms and conditions may not be deemed to be any indication of the transfer of the relevant intellectual property rights and permission of the use by any third party other than Party A. Party B has the right to inquire and provide Party A's information in accordance with the requirements of the judicial and administrative authorities of the state in order to resolve complaints and disputes in a timely manner and protect the legitimate rights and interests of the parties. In case of violation, Party A shall be liable for the damages.</p>
<p>8.4 Either party shall respect the intellectual property rights of the opposite party and any third party, Party B's authorization to Party A for use in accordance with the terms and conditions may not be deemed to be any indication of the transfer of the relevant intellectual property rights and permission of the use by any third party other than Party A. Party B has the right to inquire and provide Party A's information in accordance with the requirements of the judicial and administrative authorities of the state in order to resolve complaints and disputes in a timely manner and protect the legitimate rights and interests of the parties. In case of violation, Party A shall be liable for the damages.</p>
<p>8.5 In the event of any third party claiming that Party A's obtaining and use of the software and the Service (or any part thereof) in accordance with the terms of this Agreement has infringed the intellectual property rights of the third party and brought a claim or lawsuit against Party A (the “<strong>Claim</strong>”), Party B promises that Party B shall pay the fee to defend Party B; or Party B shall choose to settle with the aforementioned third party; Party B shall be responsible for the reasonable loss, damage and cost incurred to Party A or imposed on Party A due to the foregoing claim or related to the claim ( including legal fees) and fees. </p>
<p>8.6 If any third party files a claim against Party A or informs it of its intention to file a claim against Party A, Party B’s obligations under Article <!--[if supportFields]><span lang=EN-GB
style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
mso-fareast-font-family:宋体;mso-ansi-language:EN-GB;mso-bidi-font-weight:bold'><span
style='mso-element:field-begin'></span>REF "a902357" \h \n \*
MERGEFORMAT <span style='mso-element:field-separator'></span></span><![endif]-->8.2<!--[if gte mso 9]><xml>
<w:data>08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000800000061003900300032003300350037000000</w:data>
</xml><![endif]--><!--[if supportFields]><span lang=EN-GB
style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
mso-fareast-font-family:宋体;mso-ansi-language:EN-GB'><span style='mso-element:
field-end'></span></span><![endif]--> will be subject to the following actions of Party A:</p>
<p>8.6.1 To send a written notice about the claim to Party B as soon as possible within a reasonable and feasible time limit, with reasonable details about the nature of the claim; </p>
<p>8.6.2 No recognition of any responsibility, agreement or compromise on the claim without the prior written consent of Party B;</p>
<p>8.6.3 Party A shall take measures to avoid claims in accordance with Party B's reasonable request and argue, reconcile or defend against the claims, provided that Party B provides a guarantee for any possible claims, liabilities, costs, expenses, damages and corresponding losses in a manner reasonably satisfactory to Party A.</p>
<p> </p>
<p><strong>9. Notification and delivery</strong></p>
<p>9.1 You shall guarantee and maintain the validity of the information. Any false or invalid information in your data may cause you not be able to access business notice, customer service, complaint handling, dispute coordination, technical support, etc., and you shall bear the corresponding responsibility.</p>
<p>9.2 You shall send a notice to Ping An Communication Technology according to the contact information of Ping An Communication Technology published by Ping An Cloud, unless otherwise agreed by both parties.</p>
<p>9.3 Ping An Communication Technology may send you business notifications, service prompts, verification messages, etc. related to the Service from time to time in one or more ways including webpage announcements, emails, mobile phone SMS, website messages, instant messaging tools, etc. as well as marketing advertising.</p>
<p>9.4 Each party shall ensure that its contact information is true and valid, and any notice is deemed to have been delivered to the recipient on the date of delivery.</p>
<p> </p>
<p><strong>10. Term</strong></p>
<p>10.1 The term of cooperation between both parties is from the day you click to agree to accept the service agreement until the last day of the year that you click for confirmation, e.g., June 1, 2017 to December 31, 2017.</p>
<p>10.2 The term of cooperation between both parties is from the day you click to agree to accept the service agreement until the last day of the year that you click for confirmation, e.g., June 1, 2017 to December 31, 2017.</p>
<p>10.3 Before the expiration of the cooperation period between the two parties, if either party submits a request for non-renewal upon expiration to the other party in writing, the service agreement will automatically terminate after the expiration of the cooperation period.</p>
<p>10.4 The expiration or termination of this service agreement does not affect the rights and obligations arising before the expiration or termination of the agreement.</p>
<p>Party A may use the Ping An Cloud products or services provided by Party B from the effective date. If one of the following situations occurs, the service will be suspended:</p>
<p>A. Use or registration of products or services by Party A or “End User”:</p>
<p>(1) Bringing security risks to products or services or to any third party;</p>
<p>(2) Adverse impacts on the products or services or any system and its products or services of any customer of Ping An Cloud;</p>
<p>(3) Any circumstance that may cause Ping An Cloud, its related parties or any third party to take responsibility;</p>
<p>(4) Possible fraud.</p>
<p>B. Party A or any “end user” violates this agreement, including Party A’s default in fulfilling its payment obligations.</p>
<p>C. Both parties agree to terminate the Agreement.</p>
<p>If Party A or any of the “End User” materially violates this term of the Service, Party B reserves the right to terminate the Service in advance, and the fees (if any) for the period of service Party A has not used will be owned by Party B as a penalty.</p>
<p>Except for statutory reasons or any agreement between Party A and Party B otherwise, Party B shall continue to store Party A’s data within 7 natural days from the date of termination of the Agreement and will not retain Party A’s data after the expiration date, and Party A will be responsible for all consequences arising from the destruction of the data.</p>
<p> </p>
<p><strong>11. Others </strong></p>
<p>11.1 This Service Agreement will become effective as soon as it is published, and Ping An Communication Technology reserves the right to modify the contents of the Agreement at any time, and the revised results shall be posted on the Ping An Cloud website. If you do not agree to the changes made by Ping An Communication Technology to agreements related to this Service Agreement, you have the right to stop using the Service. If you continue to use the Service, you are deemed to have accepted the modifications made by Ping An Communication Technology regarding the agreements related to the Service Agreement.</p>
<p>11.2 Ping An Communication Technology has the right to properly handle and finally interpret all kinds of special offers under this Service Agreement, including but not limited to invitation codes, vouchers, and virtual currency.</p>
<p>11.3 All the notices from Ping An Communication Technology for you under this Service Agreement may be made through webpage announcements, website messages, emails, SMS or other forms; such notices are deemed to have been delivered to the recipient on the date of delivery.</p>
<p>11.4 The signing of this Service Agreement is in Futian District, Shenzhen City, Guangdong Province.</p>
<p>This Agreement and any disputes or claims arising out of or relating to this Agreement (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of China.</p>
<p>Any disputes or claims arising out of or relating to this Agreement shall be submitted to the Shenzhen Arbitration Commission and shall be decided in accordance with the arbitration rules in force at that time. The place of arbitration is in Shenzhen. The arbitration language is Chinese.</p>
<p>11.6 This Service Agreement constitutes the entire agreement between the parties to the terms of this Service Agreement and other related matters. Except as provided in this Service Agreement, no other rights are granted to the parties under this Service Agreement.</p>
<p>11.7 If any agreement in this Service Agreement is wholly or partially invalid or unenforceable for any reason, the remaining agreements of this Service Agreement shall remain valid and binding.</p>
<p>11.8 The preparation and interpretation of this Service Agreement shall be subject to Chinese. Except as otherwise agreed by the parties, any translation of this Service Agreement may not be used as a basis for interpreting this Service Agreement or determining the intentions of the parties.</p>
<p> </p>
<p><strong>12. Anti-commercial bribery</strong></p>
<p>Both Party A and Party B are clear and willing to strictly abide by the laws and regulations of the People's Republic of China on anti-commercial bribery. Both parties are aware that any form of bribery and greed will violate the law and will be severely punished by the law;</p>
<p>Neither Party A nor Party B shall request, accept, provide or give any benefits beyond the Agreement, including but not limited to explicit or implicit deductions, cash, shopping cards, physical objects, securities, free travels or other non-material benefits, to the other party or the other party's representatives or other relevant personnel. If such benefits are industry practices or usual practices, these benefits must be clearly stated in the Agreement.</p>
<p>Both Party A and Party B strictly prohibit any commercial bribery by their representatives. Any action as stipulated in Article <!--[if supportFields]><span lang=EN-GB style='mso-bidi-font-size:
10.5pt;font-family:"Times New Roman",serif;mso-fareast-font-family:宋体;
mso-ansi-language:EN-GB;mso-bidi-font-weight:bold'><span style='mso-element:
field-begin'></span><span style='mso-spacerun:yes'> </span>REF _Ref516672223 \r
\h<span style='mso-spacerun:yes'> </span>\* MERGEFORMAT <span
style='mso-element:field-separator'></span></span><![endif]-->14.2<!--[if gte mso 9]><xml>
<w:data>08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003500310036003600370032003200320033000000</w:data>
</xml><![endif]--><!--[if supportFields]><span lang=EN-GB
style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
mso-fareast-font-family:宋体;mso-ansi-language:EN-GB'><span style='mso-element:
field-end'></span></span><![endif]--> by either party’s representatives is in violation of the company policy of this party and will be punished by the company policy of this party and national laws.</p>
<p>Both Party A and Party B are against each other or the other party's representatives for any of the acts listed in Article <!--[if supportFields]><span
lang=EN-GB style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
mso-fareast-font-family:宋体;mso-ansi-language:EN-GB;mso-bidi-font-weight:bold'><span
style='mso-element:field-begin'></span><span
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style='mso-spacerun:yes'> </span>\* MERGEFORMAT <span style='mso-element:field-separator'></span></span><![endif]-->14.2<!--[if gte mso 9]><xml>
<w:data>08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003500310036003600370032003200320033000000</w:data>
</xml><![endif]--><!--[if supportFields]><span lang=EN-GB
style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
mso-fareast-font-family:宋体;mso-ansi-language:EN-GB'><span style='mso-element:
field-end'></span></span><![endif]--> for the purposes of this Agreement and any third party other than this Agreement, which are in violation of national law and will be subject to punishments according to national law;</p>
<p>If any party or any party’s representatives violates the provisions of Article <!--[if supportFields]><span
lang=EN-GB style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
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style='mso-element:field-begin'></span><span
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<w:data>08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003500310036003600370032003200320033000000</w:data>
</xml><![endif]--><!--[if supportFields]><span lang=EN-GB
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mso-fareast-font-family:宋体;mso-ansi-language:EN-GB'><span style='mso-element:
field-end'></span></span><![endif]-->, <!--[if supportFields]><span
lang=EN-GB style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
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style='mso-element:field-begin'></span><span
style='mso-spacerun:yes'> </span>REF _Ref516672310 \r \h<span
style='mso-spacerun:yes'> </span>\* MERGEFORMAT <span style='mso-element:field-separator'></span></span><![endif]-->14.3<!--[if gte mso 9]><xml>
<w:data>08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003500310036003600370032003300310030000000</w:data>
</xml><![endif]--><!--[if supportFields]><span lang=EN-GB
style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
mso-fareast-font-family:宋体;mso-ansi-language:EN-GB'><span style='mso-element:
field-end'></span></span><![endif]-->, and <!--[if supportFields]><span
lang=EN-GB style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
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style='mso-element:field-begin'></span><span
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style='mso-spacerun:yes'> </span>\* MERGEFORMAT <span style='mso-element:field-separator'></span></span><![endif]-->14.4<!--[if gte mso 9]><xml>
<w:data>08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003500310036003600370032003300310037000000</w:data>
</xml><![endif]--><!--[if supportFields]><span lang=EN-GB
style='mso-bidi-font-size:10.5pt;font-family:"Times New Roman",serif;
mso-fareast-font-family:宋体;mso-ansi-language:EN-GB'><span style='mso-element:
field-end'></span></span><![endif]-->, and thus causes losses to the other party, the party shall be liable for damages.</p>
<p>“Other relevant personnel” in this Article refers to persons who have direct or indirect interest related to the Agreement other than representatives of both parties, including but not limited to relatives and friends of the Agreement representatives.</p>
<p><strong> </strong></p>
<p><strong>13. Confidentiality</strong></p>
<p>13.1 Confidentiality obligation</p>
<p>a) The recipient acknowledges that the confidential information is a valuable, dedicated and special asset of the disclosing party. The recipient may not disclose confidential information to third parties without the prior written consent of the disclosing party. Notwithstanding the foregoing, the disclosing party agrees that, in the event that such information is required to be known, and for the purpose of the disclosing party disclosing the confidential information, the recipient may disclose the confidential information to affiliates of the recipient, representatives of the recipient or affiliates of the recipient, and the recipient, affiliates of the recipient, representatives of the recipient and its affiliates undertake to protect and keep all the confidential information secret at a level that is not lower than the prudent standards adopted by Ping An to protect its own proprietary, secret or confidential information.</p>
<p>b) The recipient agrees that (1) the recipient (2) its affiliates (3) representatives of the recipient and its affiliates will not use, adopt or utilize or` otherwise use the confidential information directly or indirectly for any purpose without the express prior written consent of the disclosing party. </p>
<p>c) Both parties hereby agree that if either party is aware of the disclosure of the confidential information, both parties shall discuss the manner in which the situation is dealt with as soon as possible without prejudice to their respective rights and obligations.</p>
<p>"Affiliate" means any subject that controls or is controlled by that particular subject, directly or indirectly, by one or more entities, or that is under the control of others with that particular subject.</p>
<p>“Control” of an entity means direct or indirect power to obtain or direct the management and policy formulation of the entity through shares with voting rights or other owner's equity with voting rights according to the contract or other forms, and, in case, not limited to the provisions in the preceding sentence.</p>
<p>13.2 Confidentiality obligation exemption</p>
<p>a) The confidentiality obligations under this Agreement do not apply to the following information:</p>
<p>Information that the recipient or its representative has legally owned before the disclosure by the disclosing party;</p>
<ul>
<li>Not being or being made publicly available as a result of an unauthorized disclosure under this Agreement or a breach of this Agreement;</li>
<li> Information developed independently by the recipient (except for that based on confidential information);</li>
<li>The third party who has no confidentiality obligation to the disclosing party discloses or communicates the information to the recipient or the information obtained by the recipient from the third party.</li>
</ul>
<p>b) Information disclosed by the recipient to fulfil any request or order made by a court of competent jurisdiction, government or regulatory agency (including but not limited to stock exchanges) (each referred to as a “government agency”). In such cases, before making such disclosure, the receiving party shall: (1) notify the disclosing party of the receipt of such request or order, and the conditions and circumstances related to the request or order; (2) negotiate with the other party to take reasonable measures to reject the request/order or narrow the scope of disclosure of the order/request. And, if permitted by laws and regulations, assist the disclosing party to take the above reasonable measures; (3) cooperate with the disclosing party to obtain a ruling or other reliable guarantee to ensure that the confidential information remains confidential. If the confidential information provided according to the request or order is still kept confidential, the recipient and its representative are still subject to the confidentiality provision of this Agreement.</p>
<p>13.3 Ownership</p>
<p>The receiving party confirms that all confidential information of the disclosing party is the property owned by the disclosing party; and the disclosure of confidential information may not be deemed to grant the recipient any right to disclose confidential information. The recipient shall use reasonable efforts to ensure that the recipient and its representatives do not apply for patent rights or registered trademarks, designs or any other intellectual property rights in respect of the confidential information or any part thereof. The disclosing party does not promise or guarantee the accuracy or completeness of any confidential information.</p>
<p>13.4 Return of confidential information</p>
<p>The disclosing party may at any time request the recipient to return or destroy the confidential information and any copies, and request the recipient to provide a written statement indicating that any confidential information or a copy thereof has not been intentionally or directly retained within its possession or control after the return and destruction. The recipient shall perform any such request within 7 days of receiving the above request.</p>
<p>13.5 Confidentiality period</p>
<p>The recipient agrees that the confidentiality period based on this Agreement will be from the date on which the confidential information is disclosed to the date on which the confidential information is known to the public.</p>
<p>13.6 Responsibility for breach of confidentiality obligations</p>
<p>The recipient agrees that regarding violation of the terms of this Agreement, the following agreement shall be accepted:</p>
<p>compensating for the loss of the disclosing party, including but not limited to the actual loss of the disclosing party, loss of reputation, attorney fees, legal advisory fees and litigation fees.</p>
<p><strong> </strong></p>
<p><strong>14. Anti-false Publicity </strong></p>
<p>Both Party A and Party B clearly know and are willing to abide by the intellectual property right (IPR), contract and advertising laws and regulations of the People's Republic of China, including <em>the Copyright Law of the People's Republic of China</em>, the <em>Trademark Law of the People's Republic of China</em>,<em> the</em> <em>Patent Law of the People's Republic of China</em>. Both Parties have the right to authentically and legitimately use and publicize within the agreed scope in the agreed manner on the matters agreed in the Agreement, but may not involve the confidential content as stipulated in the Agreement. To avoid trademark infringement, false publicity and other risks, either party agrees to obtain advance written approval from the other party before using the trademark, brand or company name of the other party. Otherwise, such use or publicity shall be prohibited. Either Party hereby promises to respond actively to the application of reasonable use or publicity with regard to the cooperation matters. Both parties acknowledge that using trademark, brand and company name of the other party for commercial publicity without the advance written approval of the other party; fabricating cooperation matters; exaggerating the scope, content, effect, scale, degree of the Contract are all violations of the Agreement, and it may give rise to unfair competition due to false publicity. The observant party or the infringed shall reserve the right to investigate the corresponding legal liability.</p>
<p>In the event that the Chinese version of this Agreement is inconsistent with the English version, the Chinese version shall prevail.</p>
<p> </p>
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