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Yealink Device Management Cloud Service Agreement

2018-10-15

Dear Customer,
 
Welcome to Yealink Device Management Cloud Service (“Service”)!
 
This Yealink Device Management Cloud Service Agreement (“Agreement”) governs the use of and access to services provided by Yealink, Inc. (“Yealink”). You shall, before starting to use this Service, fully read, understand and accept the whole content of this agreement, as well as Privacy Policy of Yealink Device Management Cloud Service and Yealink Device Management Cloud Service Level Agreement (“Service Rules”). For once you choose “agree” to complete the registration, start the procedure or use the Service, you agree to abide by the clauses hereof.
 
Yealink shall have the right to make unilateral amendments to this agreement as well as relative service regulations, service content, product instructions, product functions and other aspects thereof at any time, and publish such amendments by means of one or more of sending information, website notice, group sending SMS or other methods, with no need to inform you thereof individually; such amendments or adjustments shall not be considered as Yealink's violation of the clauses hereof. If you continue to use the Service after such amendments of the content hereof being published, you shall be considered as having fully read, understood and accepted the amended content hereof and will use the Service in accordance therewith. If you do not agree the amended content hereof, you shall stop using the Service immediately.
 
I.    REQUIREMENTS FOR USE OF THE SERVICE
A.    Before starting to use this Service, you shall proclaim:
1.    You shall, when you agree to accept this agreement and register yourself to become a user, be natural persons, corporate entities or other organizations or fully authorized by such who enjoy the full capacity for civil rights and civil conducts provided by relevant laws. Otherwise, you shall terminate the registration or stop to use the Service immediately.
2.    The Service is only available to individuals aged 18 years or older (or equivalent minimum age in the relevant jurisdiction). If you are under the age of 18, your parent or guardian must agree to this Agreement (both for themselves and on your behalf) before you can use the Service.
B.    Before starting to use this Service, you may need to download and install the software provided by Yealink.
1.    Pursuant to the terms of this Agreement, you are granted by the Yealink a limited, individual, non-exclusive, revocable, non-transferable license and do not have any sub-license to install and use the software.
2.    The software and services in this Agreement are for your use only in accordance with the licenses granted under this Agreement. We retain all rights and interests in software and services, including but not limited to intellectual property rights related to software and services.
3.    In order to improve the user experience, ensure the security of the service and the consistency of product features, we may update the software. You may need to update the relevant software to the latest version, otherwise we cannot guarantee that you will be able to use the service normally.
C.    Before starting to use this Service, you must first apply for an account. When applying, you should provide your accurate relevant information and update it timely if changed as required by laws and regulations. If there is any change in your information, you must notify us by email or phone immediately, and it will take effect after we receive your notice of change; if you fail to provide the relevant information after the change and we are unable to provide services to you, we will not be responsible for this.
II.    PRIVACY AND PROTECTION OF PERSONAL INFORMATION
A.    You agree that we may collect, use and store information about you and your use of the Service. We will not actively monitor or disclose such information to any third-party unless we are in a position to provide the service or if the national or public interest requires or other legal requirements. We also process the information you submit to us in accordance with the Privacy Policy.
B.    If the provisions on information processing and protection inthis Agreement conflict with the Privacy Policy, or are not clearly specified in this Agreement, the provisions that are specified in the Privacy Policy shall prevail.
C.    Any material that you share with others that is related to your registered account, including but not limited to the secret communication you use through the Service (hereinafter referred to as "User Content"), is not under our control and we do not accept any liability or compensation.
III.    YOUR RIGHTS AND OBLIGATIONS
A.    You have the right to enjoy the services and get technical support Yealink provided.
B.     Before starting use the Service, you shall guarantee:
1.     Respect for our intellectual property rights and other legal rights, and unless we explicitly stated or otherwise we agree with you, you may not copy, modify, publish, sell or rent the Services or any part of the Software contained therein, or you may not reverse engineer or try to extract the source code of the software.
2.     Comply with national and local laws and regulations, industry practices and social public ethics.
3.     Do not conduct any damage or attempt to destroy the security of the network.
4.     Make a payment based on the service you choose.
IV.    YEALINK’S RIGHTS AND OBLIGATIONS
A.    We will provide you with the qualified services based on the services you choose and the amount of money you pay.
B.    We promise to keep confidentiality for your registration information, do not disclose it to any third-party, and do not authorize any third-party to use it unless:
1.    Available under this Agreement or other agreements between you and Yealink.
2.    Should be provided in accordance with the provisions of laws and regulations.
3.    Administration, judicial or other departments of authority requires us to provide.
4.    Get your consent.
5.    We must submit according to the necessary and reasonable actions we take to prevent serious violations or suspected criminal acts.
6.    We are required to provide in order to provide services to you.
C.    You agree that, for the government or legal requirements, we have the right to monitor your access or use of the Site, Software or Services in this Agreement to ensure that you comply with this Agreement and the relevant laws and regulations of China and the place you use the service.
D.    You agree that we have the right to use your or your company's name, logo, trade name and other trademarks or service marks on the Site, Marketing and Promotional Materials.
E.    If you violate the provisions of Part B in Section III of this Agreement, we have the right to delete information, suspend the service and terminate the service in accordance with the relevant terms of service, and we also have the right to limit some or all the functions of your account; if there are any losses due to your violation, you should be compensated.
V.    SERVICE
A.    Trial Service
If you have ordered our trial service, you shall confirm:
1.    Yealink have the right to decide whether the trial service is charged or not.
2.    After your trial service ends, you can continue to order the service with pay-for-service. Whether you continue to order the service or not, you agree that we reserve the right to retain your identity information to contact you and to provide you with relevant service.
B.    Service Charge
1.    The fees and the payment is based on the service package and the purchase method you choose. Under no circumstances will your prepayments be refunded.
2.    We reserve the right to suspend, change the service (including adding or removing features) and adjust the price, but the services and prices will not be affected during the service period.
C.    Service Availability
Our services may not be available in certain regions or locations, and you shall comply with the laws of China and the laws of your region, including but not limited to messages interception, monitor or record, privacy and data protection, and public display or performance.
D.    Service Termination
1.    You agree that we reserve the right to suspend or terminate your access to the Service immediately without notice: (1) we determine that you have violated this Agreement, or (2) Chinese courts or government agencies require us to take this action.
2.    After such suspension/termination, we reserve the right to disable or delete your account and any related data, information and files, and to refrain from further access to such data, information and files, including but not limited to access your content or data and/or suspend your use of the service, and we will not refund or compensate you.
VI.    SCOPE AND LIMITS OF RESPONSIBILITIES
A.    We are solely responsible for the scope of the obligations set forth in this Agreement.
B.    To the maximum extent permitted by applicable law, you agree to use the Services at your own risk and we do not warrant that you will not experience interruptions or errors in the use of the Services, and we will not guarantee the applicability for a particular purpose, the quality satisfaction, the available income rights or the zero infringement.
C.    We are not responsible for any damages and compensation arising from or related to the following circumstances:
1.    Any statement or action by the third-party made in the websites, software or services of this Agreement or made through the websites, software or services in this Agreement.
2.    Any transaction with any other third-party.
3.    Any unauthorized access and modification of your transmitted materials, information (including but not limited to identity information) or other data.
4.    Any information that has been sent or has been received, or not sent or received.
5.    Any third-party website.
6.    The damages that cause you not to be able to connect or use the websites, software or services described in this Agreement due to your personal computer hardware, software, network, network settings or security, or the issues related to your Internet Service Provider or any other similar issue.
VII.    ENTIRE AGREEMENT
A.    This agreement, the Privacy Policy of Yealink Device Management Cloud Service and the Yealink Device Management Cloud Service Level Agreement (“Service Rules”) constitute a complete agreement.
B.    By understanding and agreeing to this Agreement, you understand and agree with the content of the Service Rules.
C.    Once you use the Service, you and us are bound by the content of this Agreement and the Service Rules.
D.    If part of this agreement is considered illegal by the competent court, the other part of this agreement will not be affected.
VIII.    GOVERNING LAW AND JURISDICTION
A.    This Agreement applies to the laws of the People's Republic of China (excluding the conflict of laws).
B.    All disputes arising out of or in connection with this Agreement will be resolved through friendly negotiation between the parties. If it cannot be settled, both parties agree to submit to the Xiamen Municipal Arbitration Commission for arbitration. The arbitration venue is in Xiamen. The arbitral award is final and binding on both party. The arbitration fees shall be borne by the Losing Party.