Malong Technologies Global Limited ("Malong") is the actual operating enterprise of the artificial intelligence visual application platform ProductAI. This Terms of Services ("Agreement") covers the trial time of using our online services, websites, SDKs, APIs, functions, software, technical support, updates, upgrades and anything else we make available for use (collectively, the "Services"). After 15 days of free trial, you will need to buy the Services from us, when you will be required to enter into the ProductAI Technical Services Contract.
Trying our services is subject to these terms. Only after you agree to these terms, you will be able to try the Services. If you're agreeing to these terms on behalf of an organization, you represent and warrant that you are authorized to agree to these terms on that organization's behalf and bind them to these terms (in which case, references to "you" and "you" include that organization).
By trying ProductAI, you automatically agree to this Agreement. Malong reserves the right to change the Terms at any time. Malong will place a notice on the www.ProductAI.com for any update of the Terms. You can reject the update, however you will then not be able to use the Services. If you use the Services in any way after a change to the Terms is effective, it will be deemed you agree to all of the changes.
The basics of using the Services
You are responsible for all activities on your account. You promise that you shall not engage in activities that are prohibited or disapproved by laws and regulations or public moralities by utilizing the Services. You promise that the Services will not be used for military purpose.
You also promise that in the trial term, the Services will not be used for commercial use.
Malong won't be responsible for your using the Services in a way that breaks the law.
The Services are not available to any users previously removed from the Services by Malong.
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If there is any breach of security or unauthorized use of your account, you must notify Malong immediately. Malong will not be liable for any losses caused by any unauthorized use of your account.
You ensure that data, materials and all information submitted to Malong are true and valid, without being tampered and not violating intellectual property rights, trade secrets or other interests of any third party. If Malong finds the violation of the above commitment, we have the right to stop providing the Services.
Using Third Party Services in connection with the Services
If you connect to Malong through a third party service ("Third Party Service"), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
In addition, Malong has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold Malong harmless from any and all liability arising from your use of any third party website or service.
The intellectual property generated or derived by the technical results involved in the contents of the Services provided by Malong for you shall belong to Malong.
You are entitled to use the API Services only by itself and be entitled to develop software/applications based on the API of Malong. The intellectual property of the software is solely owned by Malong. You have no right to analyze or reverse engineer the API Services of Malong for its own business or entrust or authorize any third party to do it. You shall be solely liable for its analysis and development and be liable to compensate the losses of Malong suffered from it.
Subject to these Terms, we both grant each other the right to use and display each other's name and logo (the "Licensor Marks") on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance with the each other's applicable usage guidelines and will inure to the benefit of Licensor. The one of us using the other's Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other's Licensor Marks will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. The one of us using the other's Licensor Marks will not, at any time, misrepresent the relationship between us. The one using the other's Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used. The rights to use and display each other's Licensor Marks under this subjection will end automatically in the event these Terms terminate.
How to Stop Services
You can choose to delete your account or stop use of the Services at any time.
Account termination may result in destruction of the Services associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Malong.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MALONG, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
To the maximum event permitted by applicable law, in no event shall Malong, its affiliates, Agents, Directors, Employees, or Licensor be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service. Under no circumstances will Malong be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of this service or your account or the information contained therein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MALONG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MALONG, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MALONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to defend, indemnify and hold harmless Malong and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code.
This Agreement shall be governed by the laws of Hong Kong and the stipulation, effect, interpretation, performance, dissolution and termination of the Agreement are all within the jurisdiction of the laws of Hong Kong. Any disputes relating to the Agreement shall be settled through amicable negotiation between both parties and if the dispute cannot be solved through negotiation, either party may submit to the Hong Kong International Arbitration Center for arbitration and settle the dispute in accordance with the latest arbitration rules.
The following shall apply in relation to the limitation of liability:
The parties shall only be fully liable for intent and gross negligence as well as damages caused by injury to life, body or health;
In an event of slight negligence, the parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A "cardinal duty" in the sense of this provision is an obligation whose fulfillment makes the processing of this Agreement possible in the first place and on the fulfillment of which the other party may therefore generally rely;
In any of the above mentioned cases, the parties shall not be liable for any lack of commercial success, lost profits and indirect damages
Liability in accordance with the above clauses shall be limited to the typical, foreseeable damages: and Except where otherwise stated in this Agreement, the parties shall not be liable for any loss or damage or any costs, expenses or other claims including without limitation loss of profit, business, revenue, goodwill or anticipated savings, loss of any data or information and/or special or indirect loss or consequential loss or otherwise which arise out of or in connection with this Agreement.