Software Service Agreement

Update Date of the Latest Version [ 07.06.2022 ]

Effective Date: [ 07.06.2022 ]


This Software Service Agreement (referred to as “this Agreement”) aims to stipulate the rights and obligations of you and AISWEI when you use the [“爱士惟” app, “Solplanet” app, “Ai-charging” app ,AiSWEI app, AiSWEI Cloud for individual (www.AiSWEICloud.com), AiSWEI Cloud for enterprise (pro.aisweicloud.com) and “爱士惟智电” miniprogram in WeChat] (referred to as “this Software”) provided by [AISWEI Technology (Shanghai) Co., Ltd. ] and other affiliates (collectively referred to as “AISWEI”) and services (“referred to as “Relevant Services”) provided by AISWEI though this Software. Before you register the Software and Relevant Services or before you log in this Software for the first time using the account and passport for this Software provided to you by AISWEI, please carefully read and thoroughly understand this Agreement. In particular, you shall read the terms marked in bold/bold and underlined (such terms may limit your rights or have significant interest in you, or may exempt or reduce AISWEI’s liability) carefully and confirm that you fully understand and agree them. [If you check “I have read the Software Service Agreement and accept the contents of it” and continue to click the button “Register” or “Login” when you register or log in this Software and the Relevant Services for the first time], it will be deemed that you agree to accept the entire contents of this Agreement and this Agreement will constitute a valid contract that continues to be legally binding on you and AISWEI.

1. Software License and Provision of Services

1.1 For the purpose of this Agreement, AISWEI will grant you a personal, non-transferable, non-exclusive, non-permanent, and revocable license within the valid term of this Agreement to allow you to use this Software for the purpose of receiving the Relevant Services (referred to as “Limited Software License”).

1.2 For the purpose of this Agreement, the Relevant Services provided by AISWEI to you include but are not limited to: [(1) Allow you to remotely monitor the energy storage power station through this Software; (2) Provide you with information related to the products and services of AISWEI; (3) Other services that AISWEI decides to provide from time to time].

1.3 AISWEI has the full right of interpretation and decision in respect of the type, content, standards, time, method, location and other aspects of this Software, its license and the Relevant Services. AISWEI has the right to unilaterally change, amend or adjust any aspect of this Software, its license or the Relevant Services from time to time, or unilaterally decide at its sole discretion to suspend or permanently stop providing this Software, its license or the Relevant Services, or any part of it, from time to time, or unilaterally terminate this agreement from time to time by updating this Agreement or by prior written notice to you or other method. In consideration of the free provision of this Software, its license and the Relevant Services, AISWEI will not bear any form of liability for any impact or loss caused to you by the foregoing change, amendment, adjustment, suspension, permanent stop or termination. You shall fully understand and accept the risks brought to you by the foregoing terms, otherwise you shall not register/log in to use this Software or the Relevant Services.

2. Fee

2.1 AISWEI will temporarily not charge you any fee for providing you with Limited Software License and the Relevant Services. Therefore, AISWEI is not obligated to provide you with any bills, invoices or assistance in tax declaration. However, AISWEI has the right to cancel the free service policy, adopt or amend the paid service policy from time to time by updating this Agreement or by prior written notice to you or other method. You reserve the right to refuse to use any paid software or paid service item provided by AISWEI.

3. Rules for Software Use and Account Cancellation

3.1 Your use of this Software and the Relevant Services requires you to prepare the relevant terminal devices by yourself, and you are solely liable for the related expenses (such as electricity and network expenses).

3.2 You shall properly keep the account created by you or allocated to you and the password set by you or provided by AISWEI, and avoid disclosing it to unauthorized third parties. If you fail to handle the information of the account and password properly, any loss arising therefrom shall be borne solely by you, and AISWEI shall not bear any liability.

3.3 If AISWEI allows you to share any information in this Software with a third party, or allows you to assign or sub-license any limit of authority you have in the Software to a third party, you shall act with caution. If you make mistakes in sharing, assigning, sub-licensing or performing other operations with this Software, any loss arising therefrom shall be borne solely by you, and AISWEI shall not bear any liability.

3.4 You shall strictly abide by applicable laws and regulations as well as the management and use rules of this Software released or updated by AISWEI from time to time. You must not upload any illegal information of any form in this Software, and you shall not infringe any third party's intellectual property rights or other legitimate rights and interests through this Software. In case of any violation, you shall bear all the liabilities independently, and protect AISWEI from assuming any liability and any loss.

3.5 In order to ensure that you use this Software and receive the Relevant Services, AISWEI may require you to provide relevant information, and you shall ensure that such information is true, accurate and complete. If the information provided by you is untrue, inaccurate or there is omission, any loss arising therefrom shall be borne solely by you, and AISWEI will not bear any liability.

3.6 You agree that AISWEI may display advertisements or other information (including commercial and non-commercial information) to you through this Software, and the specific display form, frequency and content of advertisements or other information are subject to the actual provision of AISWEI. You agree that you shall prudently judge the authenticity and reliability of advertisements or promotional information appearing in this Software. Unless explicitly stipulated by law, you are solely liable for the actions implemented due to the advertisement.

3.7 If you wish to cancel your account, you can submit cancellation application to us by sending an email to service.china@aiswei-tech.com or by calling 400-801-9996. In case of compliance with laws and regulations and the agreements between you and us, we will make cancellation within 48 hours after receiving such notice. After you your account is cancelled, we will revoke the Limited Software License granted to you, stop providing Relevant Services to you and delete your personal information or anonymize it according to law.

4. Proprietary Rights

4.1 The “Intellectual Property Rights” means any intangible rights and interests, including but not limited to those evidenced by or embodied in (1) any software, idea, design, concept, method, process, technique, apparatus, invention, discovery or improvement, including any patent, patent application, trade secret and know-how; (2) any work of authorship, including any copyright, industrial design or moral right; (3) any trademark, or any application therefor, trade name, service mark, trade designations, and associated goodwill; (4) any other proprietary technologies or materials in which similar rights exist by virtue of or pursuant to any Law and Regulation in force in any place of the world; and (5) other rights, including Internet domain name, URL and other identifying information.

4.2 All the intellectual property rights of this Software and related to this Software and Relevant Services (referred to as “Relevant Intellectual Property Rights”) belong to AISWEI. The Relevant Intellectual Property Rights that AISWEI permits you to use are all provided as “status quo”, and AISWEI does not make any explicit or implicit warranty regarding the Relevant Intellectual Property Rights (including but not limited to the warranty for non-infringement, the warranty for fitting for a particular purpose and so forth). Except for the Limited Software License provided in this Agreement, nothing in this Agreement shall be deemed to have granted, licensed or otherwise transferred to you any right and interest in the Relevant Intellectual Property Rights.

4.3 All the materials (such as record, report), data, works, upgrades, improvements, deliverables and the rights and interests therein (including but not limited to intellectual property rights) arising from your use of this Software, the Relevant Services and Relevant Intellectual Property Rights or arising from the performance of this Agreement (the “Derivative Rights”) shall belong to and inure to the benefit of AISWEI unconditionally, no matter whether such use or performance breaches the Agreement or not. AISWEI has the exclusive rights to apply, register, maintain and enforce the Derivative Rights; for this purpose, you shall provide necessary assistances to the extent permitted by applicable the laws and regulations, including but not limited to the transfer of the Derivative Rights to AISWEI free of charge.

4.4 You may use this Software only within the scope of the Limited Software License provided by this Agreement. Without AISWEI’s special consent, you shall not use the Relevant Intellectual Property Rights and the Derivative Rights beyond the foregoing scope in any manner. In particular, you shall not use the Relevant Intellectual Property Rights and Derivative Rights for purposes other than this Agreement. You shall not grant, license, provide to use, transfer, establish any encumbrance, dispose of, damage or otherwise infringe the Relevant Intellectual Property Rights and Derivative Rights. Without AISWEI’s special consent, you shall not directly or indirectly perform any of the following actions:

  • （1）Reverse engineer, reverse compile, reverse compile this Software, or try to discover its source code in other manner;
  • （2）Modify, update, upgrade, downgrade, interfere with, destroy or otherwise change this Software in whole or in part;
  • （3） Copy and translate this Software (except for downloading this software for the purposes of the Limited Software License), or use this Software for secondary development to create any derivatives;
  • （4） Provide copies or derivatives of this Software to third parties in any manner;
  • （5） Delete, change or add any notice or mark of ownership of this Software.

4.5 AISWEI has the right to inspect your use of the Relevant Intellectual Property Rights and the Derivative Rights, and in the event of the inappropriate use, to request you to immediately make the correction or stop the use.

4.6 AISWEI will not bear any liability for compensation for this Software and the Relevant Intellectual Property Rights and the Derivative Rights. You shall indemnify and hold AISWEI harmless from any claim, loss, damage, expense or fee related to this Software and the Relevant Intellectual Property Rights and the Derivative Rights due to your reasons.

4.7 If AISWEI decides to suspend or permanently stop providing this Software, its license or the Relevant Services, or any part of it, AISWEI has the right to request you to delete or transfer to AISWEI any documents, files, data and other materials related to this Software and the Relevant Intellectual Property Rights and the Derivative Rights. AISWEI also has the right to directly perform the foregoing operations of deletion or transfer in your storage devices or terminal devices through technical measures, and this Agreement shall be deemed as your explicit consent and authorization for such operations.

5. Relevant Data and Personal Information

5.1 Relevant data and information other than your personal information (referred to as “Relevant data”, including but not limited to the operation records and operation logs of this Software and peripheral devices, technical data generated by this Software and peripheral devices, data that cannot be used to identify any specific individual generated after processing your personal information through technical measures or other necessary measures and so forth) generated by your use of this Software, the Relevant Services and Relevant Intellectual Property Rights and any right and interest related to the Relevant Data constitute the Derivative Rights and shall unconditionally and freely belong to and inure to the benefit of AISWEI. AISWEI has the right to, without your consent, collect and, commercially or non-commercially, use, store, share, disclose and otherwise process Relevant Data in a manner as it deems appropriate.

5.2 Meanwhile, AISWEI takes your right of personal information protection seriously. Regarding how AISWEI will collect, use, share, transfer, publicly disclose, store and manage your personal information, please refer to the “Personal Information Protection Policy” formulated by AISWEI.

6. Disclaimer

6.1 Due to the limitation of technology, the reliance on network and other infrastructure， the failure of your terminal device(s), external malicious attack possibly existing, the defect of a third party service, government’s act, force majeure, your possible breach of this Agreement and other factors, AISWEI may not fully ensure the authenticity, accuracy, completeness, timeliness and safety of the provided information and data. You shall fully understand such risk and allow AISWEI to be exempted from the bearing of any liability caused due to the error, inaccuracy, omission, delay, disclosure, loss or manipulation of the provided information and data.

6.2 As this Software and the Relevant Services are provided by AISWEI free of charge, AISWEI does not make any explicit or implied warranty for any aspect of the Software and the Relevant Services. AISWEI tries its best to facilitate the stable, sustainable and effective use of this Software and the Relevant Services, but AISWEI cannot fully guarantee the stability, sustainability, flawlessness, achievement of specific purposes of this Software and the Relevant Services. You shall not require AISWEI to bear any liability due to AISWEI’s breach of such guarantee.

6.3 If there is any loss of AISWEI caused due to your breach of this Agreement or your infringement of AISWEI’s legitimate rights and interests, AISWEI is entitled to require your compensation and adoption of remedial measures. The foregoing “loss” particularly includes (but not is not limited to) the attorney fees, litigation expense, arbitration expenses, notary fees and other relevant expenses incurred due to AISWEI’s seeking of reliefs.

7. Miscellaneous

7.1 Your rights obtained through terms of this Agreement are non-transferable.

7.2 The formulation, effectiveness, interpretation, implementation, jurisdiction and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. If there is any dispute between you and AISWEI under this Agreement, AISWEI and you have the right to file a lawsuit with the competent people’s court where AISWEI are domiciled.

7.3 AISWEI reserves the right to update or amend this Agreement from time to time. AISWEI will send you a notice of change by means such as email, letter, telephone notice, public announcement or notification within the software. If you do not agree with the amended terms of this Agreement after receiving the notice of change, you shall promptly notify AISWEI in writing and stop the use of this Software and the Relevant Services, otherwise it will be deemed that you have accepted the amendments AISWEI makes to the relevant terms of this Agreement. It shall be noted to you again that if you continue to use the Software or the Relevant Services after receiving the notice of change, it shall be deemed that you have accepted the amendments AISWEI makes to the relevant terms of this Agreement.

7.4 If you have any query, advice or suggestion to this Agreement, you may contact AISWEI by sending email to service.china@aiswei-tech.com.