Realsee Open Platform Developer Agreement
Welcome to the services provided by Realsee Open Platform!
This agreement is a valid contract between Realsee and the developers of Realsee Open Platform (hereinafter referred to as "the developer" or "you") on matters related to your use of the services provided by Realsee Open Platform (hereinafter referred to as "the service"). Before you register, log in and use the Realsee Open Platform, you should carefully and completely read and abide by all the contents of the Realsee Open Platform Developer Agreement (hereinafter referred to as "the Agreement"). Based on the business development of platform services, if it is possible to continuously publish other product use agreements, service statements and other special terms, these special terms are an integral part of this agreement and have the same legal effect as this agreement. Your actual use of this service (including but not limited to "registration, login, design, development, creation, testing, operation, maintenance", etc.) shall be deemed that you have read, fully understood and agreed to be bound by all the contents of this agreement. This agreement shall come into force and have legal binding force under the condition that you are a party from the time you engage in the aforementioned acceptance of this service; If you do not agree with any content of this agreement, please stop using this service in time and do not carry out any subsequent operations. In case of any violation of this Agreement, Realsee have the right to unilaterally limit, suspend or terminate the provision of services to you at any time according to the violation, and have the right to pursue your relevant responsibilities.
Before accepting this agreement, please confirm that you are a person with full civil capacity at least 18 years old or a legal person or an unincorporated organization established in accordance with the laws of the People's Republic of China and legally registered, operated and validly existing in the People's Republic of China. If you agree to these terms on behalf of your employer or customer, it is deemed that you have committed that you have sufficient legal authority to make such consent and can ensure that your employer or customer is bound by this agreement.
As referred to in this agreement, " Realsee" means that Runizhishi (Beijing) Technology Co., Ltd. or its affiliates (the specific affiliates are determined by Runizhishi (Beijing) Technology Co., Ltd. according to the specific service items), you also understand and agree that Realsee may continuously update the scope and content of this service according to the changes of products and services. The latest platform services shall be subject to the contents displayed on the platform related product and service introduction pages and actually provided to you.
1. Definitions
Unless otherwise agreed in this Agreement, the following terms shall have the meanings in this Agreement:
1.1. "Application" refers to the application programs and related services developed by developers or authorized by relevant obligees to developers to provide users with various services, including but not limited to tool services, e-commerce services, video or music services and other existing and potential future services based on platform business expansion.
1.2. "You" or "Developer": refers to a natural person, legal person or unincorporated organization that, after effective registration and application, accesses its applications and websites with corresponding rights to Realsee Open Platform, uses the basic development environment, SDK interfaces, front-end windows and other development resources provided by Realsee Open Platform, designs, develops and creates applications or online services in its own name, and provides users with various services. Developer should read and accept all the terms of this agreement, Realsee Privacy Policy, Realsee User Service Agreement and other relevant agreements and rules before using this service.
1.3. "Realsee Open Platform": refers to the Realsee Open Platform owned, controlled and operated by Realsee（ https://open-platform.realsee.com/ ）, and other open platforms or websites or their subordinate sub pages or related product applications to be launched by Realsee in the future, , hereinafter referred to as "open platforms" and "platforms". As for the positioning and legal role of the open platform, Realsee and Developer agree and understand that:
1.3.1. Realsee is a neutral platform technology service provider and only provides developers with neutral network services or technical support services such as development service interfaces, SDKs, links, etc. to help developers independently develop, publish, operate and promote their products. Realsee has the right to choose developers who access the open platform based on the legal and orderly operation and healthy development of the open platform;
1.3.2. The developer's products shall be independently developed, operated and solely responsible by the developer. Realsee will not participate in any activities such as the development and operation of the developer's products, or make any modifications, edits or arrangements to the developer's products;
1.3.3. Any disputes and liabilities arising from the developer's products, as well as any consequences arising from the developer's violation of relevant laws and regulations or this Agreement, shall be borne by the developer independently. If the aforementioned acts infringe upon the rights and interests of Realsee or others, the developer shall compensate for all losses.
1.4. "Application Programming Interface" (API) refers to some pre-defined functions to provide the ability for applications and developers to access a group of routines based on some software or hardware, without accessing program source code or understanding internal working mechanism.
1.5. "User" refers to all natural persons who directly or indirectly use the developer's products.
1.6. "User data" refers to user related data generated by users in developer products, including but not limited to data submitted by users, user operation behavior data, various transaction and business data, etc. The relevant legal rights of user data belong to you, and user data also constitute Realsee's confidential business information. Realsee will take necessary measures to protect the user data from being obtained by unrelated third parties and keep relatively safe, but you should independently bear all responsibilities for the legitimacy of the source of user data, the compliance of data processing and the results of data processing; If personal information is involved, you should also meet the legal requirements for personal information protection applicable to you as a personal information processor. On the premise of meeting the legal requirements or obtaining the user's consent, you agree that Realsee can use the user data in a reasonable way consistent with the agreement in Realsee Open Platform.
1.7. "Developer Products" refer to applications, websites and related services integrated with products or services of the Realsee Open Platform or developed by using products or services of the Realsee Open Platform. Where a user uses or accepts the services provided by the developer's product, the product service agreement, privacy policy and relevant specifications provided by the developer shall apply.
1.8. "Open platform operation data" refers to the relevant data generated by users and developers in the open platform and applications, including but not limited to the data submitted by users and developers, the data formed by developers' operations, and various transaction and business data. The ownership and other relevant rights of open platform operation data belong to Realsee
, except for the relevant rights legally enjoyed by users, and open platform operation data are Realsee's trade secrets.
2. Developer's Rights and Obligations
2.1. You should register a developer account (hereinafter referred to as "account") by logging into the open platform website or other channels designated by Realsee. Developer account cannot be transferred, donated or inherited. You promise to keep your account name and password properly, not to lend it to others and use your account for profit-making activities without the consent of Realsee, and promise to assume full responsibility for all activities and events in the name of developer account. You shall not use your account for other purposes in violation of this agreement, otherwise, Realsee will have the right to unilaterally limit, suspend or terminate the provision of this service to you at any time, and you shall not use this service again without the consent of Realsee. You shall bear all losses and consequences arising from the loss or disclosure of the above account code words and passwords due to your improper confidentiality measures or your other acts.
2.2. You guarantee that you have the relevant legal qualifications for using this service, accessing and operating developer products and providing relevant services, or have been reviewed and approved by relevant government departments; The information you provide about the 'business license, relevant qualifications or certificates and any other documents is true, accurate and complete, and will be updated in a timely manner after the information changes; You have the ability to perform the obligations and behaviors under this agreement; Your performance of relevant obligations and behaviors will not violate any legal documents binding on you. Otherwise, you shall not use the relevant services provided by Realsee, and shall solely bear all the responsibilities and losses caused to users and Realsee.
2.3. You promise that you shall at least meet the following requirements in the process of providing services to users by using the developer's product:
2.3.1. The developer's product shall be true, legal, accurate and complete, and shall not contain any content that is obscene, pornographic, immoral, fraudulent, defamatory (including commercial defamation), illegal intimidation or illegal harassment;
2.3.2. The developer's products, related services, and related information and content published therein shall not violate the provisions of relevant laws, regulations, policies, this Agreement or relevant agreements, rules, etc., nor infringe the legitimate rights and interests of any person; You shall be responsible for the content (including but not limited to messages, notices, comments, names, etc.) in the developer's products generated by users using the relevant services, and ensure that the content does not violate the provisions of relevant laws, regulations, policies, public order and good customs. Otherwise, you shall timely take deletion, disconnection or other effective measures; If the developer's products are illegal or in violation of this agreement, which makes Realsee suffer any losses, claims from any third party or penalties from any regulatory authority, you shall compensate Realsee for the losses, including indirect losses and dispute resolution costs, if any;
2.3.3. The developer product shall not contain any malicious computer program, virus or any other content that may endanger the rights and interests of Realsee or users and the security of terminal information, or be found to have loopholes that may lead to being implanted into trojans or phishing websites. The developer product shall not interfere or attempt to interfere with the normal operation of the open platform, this service and other developers' products in any way;
2.3.4. The developer's products shall comply with relevant regulations, technical specifications or standards, and you shall enjoy all intellectual property rights of the developer's products or have obtained legal authorization;
2.3.5. You shall not publicize or provide any illegal or harmful goods, services and content page display or links in the developer's products;
2.3.6. In terms of product design, developers should pay attention to user experience, respect users' right to know and choose, adhere to the principle of integrity, do not mislead, cheat or confuse users, respect users' privacy, do not harass users, and do not create junk information;
2.3.7. Before the user uses the developer product for the first time, you should provide the user with the user service agreement and privacy policy of the product according to the requirements of laws and regulations; In addition, it should be clear in the user service agreement that Realsee only provides certain specific technical services in the developer product , you shall provide the developer product and related services to users, and you shall bear full responsibility for users; If Realsee and you are co-processors of users' personal information in the process of providing services to users in the developer's products, you shall clearly disclose Realsee's company principal name, contact information, processing method, purpose and scope of personal information, and Realsee's Privacy Policy（ https://home.realsee.com/legal ） and other relevant legal requirements in your privacy policy; If Realsee and you are deemed to be the sharing recipient of users' personal information in the process of providing services to users in developer products, in addition to the above requirements, you are also obligated to obtain the users' separate consent or other legal basis in accordance with relevant legal requirements, and perform legal obligations such as personal information protection impact assessment.
2.3.8. You should provide complaint channels to the relevant obligees in the developer's products to ensure that the obligees can claim rights from you when they think that you have violated their legitimate rights and interests;
2.3.9. You shall be responsible for the creation, development, editing, processing, modification, testing, operation and maintenance of the developer's products, and bear the corresponding costs.
2.4. You shall comply with the Realsee User Service Agreement（ https://home.realsee.com/legal ）. On the basis of Chapter V "User Rights and Code of Conduct", you shall not engage in any illegal acts, including but not limited to the following, or provide convenience for the following illegal acts (including but not limited to providing convenience for user illegal acts, etc.):
2.4.1. Conduct that endangers national security, divulges state secrets, subverts state power and undermines national unity;
2.4.2. Conduct damaging national honor and interests;
2.4.3. Incitement of national hatred, national discrimination and acts that undermine national unity;
2.4.4. Destroying the national religious policy and promoting heresy and feudal superstition;
2.4.5. Spreading rumors, disturbing social order and undermining social stability;
2.4.6. Dissemination of obscenity, pornography, gambling, violence, murder, terror or instigation of crimes;
2.4.7. Insult or slander others and infringe upon their legitimate rights and interests;
2.4.8. Conduct money laundering, steal personal data, infringe others' intellectual property rights, trade secrets and other legal rights;
2.4.9. The act of maliciously fabricating facts and concealing the truth to mislead and deceive others;
2.4.1.0. Publish, transmit and disseminate garbage information;
2.4.1.1. Other behaviors prohibited by laws and regulations.
2.5. You shall not engage in, including but not limited to, the following acts that may infringe upon the legitimate interests of Realsee Open Platform or other third parties, nor provide convenience for the following acts (including but not limited to providing convenience for users' acts, etc.):
2.5.1. Delete, conceal or change any patent, copyright, trademark or other proprietary statement displayed on or contained in the open platform;
2.5.2. Modify and delete the basic environment, SDK interface and front-end window provided by Realsee, or interfere or attempt to interfere with the normal operation of any product, any part or function of Realsee Open Platform in any way, or make, publish and disseminate the above tools and methods;
2.5.3. Access and use the URL address and technical interface in any way without authorization;
2.5.4. Take advantage of open platform vulnerabilities to commit malicious acts, including but not limited to publishing illegal information, malicious hijacking of user information, bundled software installation, cheating users, etc;
2.5.5. Engaging in tracking behavior (including but not limited to identifying its viewing, clicking and other operations) or engaging in any behavior that infringes the user's privacy without the user's consent;
2.5.6. Other behaviors and contents deemed inappropriate.
2.6. All the rights to the operating data of Realsee's open platform belong to Realsee, except for the relevant rights enjoyed by users according to law (such as users' personal information), and all open platform operation date are Realsee's trade secrets. Without prior written consent, you shall not use the aforesaid data for purposes other than those agreed in this Agreement, nor provide the aforesaid data to others in any way. Once you stop using the open platform, or if you stop using the service for any reason, you shall immediately delete all the data (including various backups) obtained from the open platform, and not use it in any way.
2.7. You shall take reasonable and safe technical measures to ensure the security of all kinds of data information, including but not limited to user data, stored on the Realsee server due to the use of this service, and bear full responsibility for the consequences caused by your actions (including but not limited to data transfer, software installation, encryption measures or other security measures).
2.8. Realsee has the right to delete all kinds of information content in the open platform that is untrue or does not conform to the laws and relevant policies without notifying the developer or user.
2.9. Third party software or technology may be used in this service. If it is used, Realsee guarantees that it has been legally authorized. At the same time, Realsee will display relevant agreements or other documents in accordance with relevant regulations or agreements. The above-mentioned agreements or other documents in various forms are an integral part of this agreement and have the same legal effect as this agreement. You should comply with these requirements. Otherwise, you shall bear all the responsibilities arising therefrom. Any dispute arising from the third-party software or technology used by you in this service shall be settled through negotiation between you and the third-party.
3. Rights and obligations of Realsee
3.1. You understand and agree that Realsee has the right to evaluate and review the accounts, applications, online services, etc. that you upload, submit and access to Realsee Open Platform, and decide whether to open the technical interface rights to you. You have no right to interfere with Realsee's choices and decisions; We will inform you of the above choices and decisions and the corresponding reasons in a timely manner. However, for matters that fall within the scope of independent business operation and decisions of Realsee, you cannot complain about the aforementioned evaluation and review.
3.2. Realsee will provide you with corresponding services according to the type of service you choose. You understand and agree that, based on the user experience, the operational safety of Realsee or Realsee Open Platform, relevant rules and requirements, healthy development and other comprehensive factors, Realsee has the right to choose service partners, decide the object and scope of function opening, data interface and related data disclosure, and suspend or terminate the provision of this service to developers or developer products with the following conditions, including but not limited to:
3.2.1. Violation of laws and regulations or this Agreement;
3.2.2. Affecting user experience seriously;
3.2.3. There are potential safety hazards;
3.2.4. Similar to or identical to the main functions or functional components of the open platform, or capable of realizing the main functions or functional components mentioned above;
3.2.5. Violating the operation principle of Realsee Open Platform, or failing to meet other management requirements of Realsee.
3.3. Protecting the security of your information is a basic principle of Realsee. Without your consent, Realsee will not disclose or provide your information to any company, organization or individual other than Realsee, except for the following circumstances:
3.3.1. It can be provided according to this Agreement or other relevant agreements, rules, etc;
3.3.2. It can be provided according to laws and regulations;
3.3.3. Required by administrative, judicial and other government departments;
3.3.4. You agree that Realsee may provide your information to a third party;
3.3.5. It is necessary to provide for the purpose of solving reported incidents, complaints and lawsuits;
3.3.6. It is necessary to provide in order to take necessary and reasonable actions to prevent serious violations or suspected crimes.
Although Realsee has made the utmost efforts to protect your information, under the existing security technical measures, Realsee still cannot guarantee that your information will not be leaked or stolen due to force majeure or non Realsee factors. In the event of the above-mentioned information security incident, if necessary, Realsee will launch the emergency response plan and take necessary measures in a timely manner, so as to minimize the scope of information disclosure and the corresponding losses. However, we will not assume the corresponding responsibility for the losses caused by the aforementioned force majeure or non Realsee's discretionary reasons.
3.4. Realsee may transfer the rights and obligations under this agreement in part or in whole to others, if you do not agree to the transfer, you have the right to stop using the services under this agreement. Otherwise, it is deemed that you accept this.
3.5. Realsee has the right to use the developer product's LOGO, logo, name, pictures and other relevant materials for the purpose of this agreement. Unless otherwise agreed, Realsee will not be required to pay any fees for the rights and interests under this agreement.
3.6. Realsee does not participate in, nor has the obligation to review the legal relationship between the developer and the user, it will not be responsible for any dispute between the above parties involving the developer's products, and the relevant disputes shall be resolved by the user and the developer through consultation according to law.
4. Individual services
4.1. In order to provide you with more comprehensive and high-quality services, Realsee or its affiliates or partners (hereinafter referred to as "individual service providers") may provide you with other individual services in Realsee Open Platform, including but not limited to object storage, edge cache service (CDN), long link gateway, etc. You have the right to decide whether to use this individual service according to your needs.
4.2. The individual service described in this article may be configured with a separate service agreement, use rules, etc., or may express the functions, rules and requirements of the individual service to you in the form of announcement, prompt, etc. If you choose to use an individual service, you should open it according to the relevant requirements, and comply with the relevant agreements, rules, announcements, prompts, etc.
4.3. When you log in and use an individual service in any form, it means that you have understood and accepted the relevant agreements, rules, announcements, prompts, etc. of the individual service.
4.4. You understand and agree that the individual service provider enjoys the right of independent operation, and can directly take the following measures without your consent or notice in advance on the premise of not impairing or affecting your existing substantive interests:
4.4.1. Modify the relevant agreements and rules of individual service, including but not limited to the use conditions, use methods, tariffs, etc;
4.4.2. Change the specific service content of an individual service, and suspend or terminate the provision of an individual service. If you do not accept the above changes or adjustments, you should stop using the relevant services. Otherwise, if you continue to use the relevant services, it is deemed that you have agreed and accepted the relevant changes or adjustments.
5. Suspension or Termination of Services
5.1. If you violate this agreement, or if you give a written notice that you will not accept this agreement or modify it, Realsee will have the right to suspend or terminate all or any part of this service to you at any time. If you register and log in to Realsee Open Platform directly or indirectly in the name of others again, Realsee has the right to directly and unilaterally suspend or terminate the provision of services to you.
5.2. Either party has the right to terminate the agreement at any time if you cannot continue to use the service or Realsee is unable to provide the service due to force majeure.
5.3. If this agreement or this service is terminated for any reason, all data in your account or any information such as data stored in the Realsee server due to your use of this service may be retained or deleted according to the laws and regulations, including any data that you have not completed before the termination of the service; You shall bear any liability for compensation caused by your illegal or breach of contract before the termination of the service, and be responsible for compensation for any Realsee's loss caused thereby.
5.4. If this agreement or this service is terminated for any reason, you should handle the backup of data and other information and the related matters with your users by yourself, and you should be responsible for compensation for any Realsee's loss caused thereby.
6. Disclaimer or Limitation of Liability
6.1. You understand and agree that, in view of the particularity of the network service, the service content may be updated from time to time (including but not limited to modification, upgrade, function enhancement, development of new services, etc.) if it is deemed as necessary. In order to ensure the security of the service and improve the user experience, we will timely notify you in an appropriate way (including but not limited to system prompts, announcements, etc.) under reasonable and feasible conditions after the occurrence of the above updates, and you should timely consult and understand the updates of relevant service contents; If you voluntarily choose to refuse to update, some functions of relevant services will be restricted or cannot be used normally, and the losses or responsibilities arising therefrom will be borne by you independently.
6.2. You understand and agree that in order to provide you with more perfect services, Realsee has the right to regularly or irregularly overhaul, maintain, and upgrade the platform or related equipment providing this service. Such circumstances may cause the interruption or suspension of relevant services within a reasonable time, we will inform you in advance as far as possible within a reasonable range of technically feasible, and you can adjust the relevant development plan or arrangement in a timely manner. However, if any loss is caused to you, it shall not be deemed as our breach of this agreement and any liability for breach of contract.
6.3. You understand and agree that Realsee's services are provided according to the current situation of the existing technology and conditions. We will try our best to ensure the continuity and security of the services. However, it is impossible for Realsee to guarantee that the services provided by it are flawless, and it is also impossible to foresee and prevent legal, technical and other risks at any time, including but not limited to service interruption, data loss and other losses and risks that may be caused by force majeure, viruses, Trojan horses, hacker attacks, system instability, third-party service flaws, government acts, etc. Therefore, you also agree that even if the service provided is deemed to have defects, but the above defects cannot be avoided by the industry's technical level at that time, it will not be deemed as a breach of contract. At the same time, if it is deemed that the loss of data or information caused to you, it will not be deemed as a result of its subjective fault, so Realsee will not bear the legal liability for infringement arising therefrom.
6.4. You understand and agree that in the process of using the service, you may encounter risk factors such as force majeure, which may interrupt the service. Force majeure refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, as well as social events such as wars, riots, and government actions such as imposition and confiscation, etc. In case of any of the above situations, if necessary, we will try our best to cooperate with relevant units at the first time to repair them in a timely manner; If this agreement is suspended or cannot continue to be performed due to force majeure, any party will not bear the legal liability for infringement or violation of the agreement, and you agree to negotiate with Realsee in a friendly manner and reach another arrangement.
6.5. You understand and agree that under no circumstances will Realsee be held liable for any indirect, consequential, disciplinary, accidental, special or penal damages, including the loss of profits you have suffered from using the open platform (even if you have been informed of the possibility of such losses).
6.6. You understand and agree that if you violate this agreement by any methods or means (any methods or means could constitute a violation of this agreement, except: ① obtaining data through the Open Platform Developer Center API and conducting secondary development on the user server; ② using the "@ realsee" distributed on Second development of open code package under the domain; ③ the secondary development method based on the source code opened under the real developer organization of github), and transfer the service content or resources to a third party for use without Realsee's authorization or even knowledge, or try to obtain services (some services may include personal information collection function) through legal channels or official platforms other than those provided by Realsee, and you, as the perpetrator, shall be solely and fully liable for any loss or infringement of personal information caused thereby. At the same time, we have the right to claim compensation from you in litigation or other legal ways in case of any loss caused by the aforementioned acts.
6.7. You understand and agree that if the service is interrupted or blocked due to the following circumstances, Realsee will not be responsible for the loss:
6.7.1. Damaged by computer viruses, Trojan horses or other malicious programs and hackers;
6.7.2. Your or Realsee's computer software, system, third-party ECS, hardware and communication lines have faults;
6.7.3. You violate this agreement or operate the product improperly;
6.7.4. You use the service in a manner other than authorized by Realsee;
6.7.5. Other circumstances beyond Realsee's control or reasonably foreseeable.
7. Intellectual Property
7.1. Before the signing of this agreement, the trademark right, copyright or other intellectual property rights enjoyed by both parties separately shall still be enjoyed by each party alone, and will not be transferred to the other party or shared by both parties because of the signing or performance of this agreement. Unless otherwise agreed by both parties.
7.2. All intellectual property rights of the information content (including but not limited to web pages, text, pictures, audio, video, charts, basic development environment, SDK interfaces, front-end windows, etc.) provided by Realsee in this service belong to Realsee, except those legally owned by others. Unless otherwise specified, the copyright, patent right and other intellectual property rights of all software relied on in the provision of this service shall belong to Realsee. The copyright or trademark rights of "Realsee", "Ru Shi" and other commercial logos used by Realsee in this service belong to Realsee. The above and any other intellectual property rights, Realsee legally owned, are protected by law, and you may not use or create related derivative works in any form without the written permission of Realsee.
7.3. All rights of open platform operation data (which may include but not limited to the right to use, intellectual property rights, legitimate competition rights, etc.) belong to Realsee. Without the written consent of Realsee, the developer shall not crawl, download, save, use or authorize others to use the aforesaid operational data for any purpose.
7.4. The developer enjoys the copyright, trademark right, patent right, etc. of the developer's products according to law. If you use third-party software or technology in the development, production, use and distribution of the developer's products, you guarantee that you have obtained the legal authorization of the third party, otherwise any third-party claims or other liabilities arising therefrom shall be borne by you independently.
7.5. You can only legally use the service and related API rights in accordance with this agreement, and all rights related to the API related to the service, such as copyright and patent rights, are deemed to be owned by Realsee. Without the written permission of Realsee, you shall not breach the agreement or use the services illegally, nor sell, transfer or sublicense any code, API and development tools of Realsee to any unit or individual.
7.6. You promise not to:
7.6.1. Reverse engineer, disassemble, decompile, reconstruct, translate, modify, copy the service, open platform and any other aspect or part (including but not limited to source code, object code or background algorithm, etc.), or generate or distribute derivative works in any other way other than as licensed by Realsee;
7.6.2. Tamper or delete any logo, trademark, copyright or other intellectual property right statement contained in the service and open platform;
7.6.3. Without permission, distribute, lease, sell, resell, license, sublicense or provide open platform operation data and user data information to a third party by any other means;
7.6.4. Avoid or modify such data statistics tools;
7.6.5. Other illegal behaviors or behaviors violating this agreement or the principle of good faith.
7.7. Realsee is the producer of the open platform, has all the legal rights of the content and resources of the platform website, including copyright, and is protected by national laws. Unless otherwise mandatory by law, no one shall illegally crawl, copy, reprint, quote, or link to the content of the open platform in any way without the written permission of Realsee, otherwise Realsee has the right to pursue their legal liabilities.
8. Legal liability
8.1. You promise that your use of this service, the open platform and any of your actions will not violate any laws and regulations, this agreement and related agreements and rules, and will not infringe the legitimate rights and interests of any subject.
8.2. You understand and promise that if Realsee finds that you may violate the above commitments by itself or according to the information of relevant departments or the complaints of obliges, Realsee is entitled to make independent judgment based on the understanding of ordinary people to determine whether you violate the above commitments, and has the right to unilaterally take one or more of the following measures at any time:
8.2.1. You are required to immediately replace and modify the relevant content that infringes upon the legitimate rights and interests of others, suspend the opening of API interfaces to any developer products under the account names of you or your affiliated companies, and terminate the access of the aforementioned developer products to the open platform before you correct it;
8.2.2. Take measures such as closing the entrance of new users and restricting the login of old users for suspected illegal developer products or all accounts under your and your affiliates' names;
8.2.3. You or your affiliates are prohibited from accessing any new developer products to the open platform in the future;
8.2.4. Investigate your legal liability, or unilaterally terminate this Agreement at the same time;
8.2.5. Make public your behavior;
8.2.6. Other treatment measures deemed appropriate.
If necessary, you can use the modified developer products that no longer infringes on the legitimate rights and interests of others as a new developer product to access the open platform according to the process and specifications of the open platform.
8.3. If Realsee takes any action or measure against you or your developer products in accordance with the above terms, other relevant agreements of this Agreement or because you violate the relevant laws and regulations, you shall be solely responsible for the disputes and liabilities arising therefrom. If you have caused any loss to you, you shall be fully responsible for it, and if you have caused any loss to Realsee and others, you shall also be fully responsible for it.
9. Modification and Notice
9.1. Realsee has the right to modify the open platform, this service and the content of this agreement from time to time, and notify users by issuing notices on the open platform.
9.2. Realsee may send you information about the open platform, this service, and various rules, notices, and prompts of this agreement in one or more of the ways of web page announcement, web page prompts, e-mail, mobile phone SMS, and regular mail transmission, etc. Once such information is published or sent by Realsee in any of the above ways, it is deemed that you have accepted and agreed to it, which will bind you. Unless you have sufficient and sufficient evidence to the contrary to prove that you have legitimate and reasonable reasons for not accepting the notice (at this time, you should contact us promptly at the first time of recovering the acceptable notice so that we can send you the rule update). If you do not accept it, please notify us in writing, otherwise it will be deemed that you have accepted and agreed.
9.3. If you fail to receive the relevant rules, notices, prompts and other information due to the error of the email address, mobile phone number, mailing address and other information provided by you or other reasons not attributable to us, you agree that you will still be deemed to have received the relevant information and be bound by it, and you will bear all the consequences and responsibilities.
9.4. If you need to communicate with Realsee on any matter, you shall notify Realsee in writing according to the contact information published in Article 10 of this Agreement.
10. Others
10.1. The formation, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (excluding conflict of laws).
10.2. If any dispute or controversy occurs between you and Realsee, it shall be settled through friendly negotiation first; If the negotiation fails, both parties agree to submit the dispute or controversy to the people's court at place of Realsee's domicile.
10.3. Your opinions and suggestions on this service, open platform, or any part of this agreement can be sent to the customer service email developer@realsee.com to contact Realsee.
November 8, 2022