MYIR Developer Center User Agreement
This MYIR Developer Center User Agreement (hereinafter referred to as the "Agreement") outlines the terms and conditions that govern your access to and use of the MYIR Developer Center services (hereinafter referred to as the "Services"). This Agreement is entered into between MYIR Developer Center ("Developer Center," "we," "us," or "our") and the entity you represent. If you are accessing the Services on behalf of an entity, you represent and warrant that you have the legal authority to bind that entity to this Agreement. If no entity is specified, this Agreement is between you and us.
By accepting this Agreement, you agree to comply with its terms and conditions. This Agreement becomes effective upon your acceptance unless otherwise notified by the Developer Center.
1. Use of Services
1.1 Grant of Rights
We grant you a non-exclusive, non-transferable, non-sublicensable, and limited license to access and use the Services in accordance with this Agreement. You are responsible for ensuring that your end-users comply with this Agreement and applicable laws. If you become aware of any violation by an end-user, you must notify us immediately and take appropriate action, including suspending or terminating the end-user's access.
1.2 Your Account
To access the Services, you must register an account and provide accurate information. You are responsible for maintaining the confidentiality of your account credentials and for any unauthorized use of your account. You must notify us immediately of any security breaches or unauthorized access.
1.3 Your Content
You are responsible for ensuring that your content complies with this Agreement and applicable laws. You retain ownership of your content, but you grant us the right to host, process, and transmit your content to provide the Services.
1.4 Fees
Access to and use of the Developer Center Services are free of charge. However, third-party service providers (e.g., network operators) may charge fees for data usage, which are not related to the Developer Center. You are responsible for any fees incurred from third-party services.
2. Security and Data Privacy
2.1 Our Security Measures
We implement appropriate managerial, physical, and technical measures to protect the security and confidentiality of your content. We will not access or use your content except as necessary to provide the Services or comply with legal obligations.
2.2 Data Privacy
You may specify the region where your content is stored. We will not migrate your content from the chosen region without your consent, except when required by law or to address security incidents.
2.3 Your Security Responsibilities
You are responsible for any security vulnerabilities caused by your content, including viruses or malicious code. You must take appropriate measures to secure your content.
3. Declarations and Warranties
3.1 Mutual Declarations
Both parties declare that they have the legal authority to enter into this Agreement.
3.2 Your Declarations and Warranties
You warrant that:
(a) You will comply with all applicable laws and regulations;
(b) You will adhere to the Acceptable Use Policy;
(c) Your use of the Services will not infringe on third-party intellectual property rights.
3.3 Our Limited Warranty
We warrant that we will use commercially reasonable efforts to provide the Services as described in this Agreement. However, we do not guarantee that the Services will be error-free or uninterrupted.
3.4 Disclaimer
We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Services are provided "as is" and "as available."
4. Ownership and Restrictions
4.1 Your Content
You retain ownership of your content. You grant us the right to host, process, and transmit your content to provide the Services.
4.2 Services Provided
We retain ownership of all intellectual property rights in the Services, including any underlying software, modifications, and derivatives.
4.3 Restrictions
You may not:
(a) Modify, reverse engineer, or create derivative works of the Services;
(b) Distribute, resell, or transfer the Services without our consent;
(c) Use the Services to create competitive products or conduct benchmark testing.
4.4 Feedback and Suggestions
If you provide feedback or suggestions, we may use them without restriction to improve the Services.
5. Compensation
5.1 Our Compensation
If a third party claims that the Services infringe their intellectual property rights, we will defend you and cover any losses, provided you:
(a) Notify us promptly;
(b) Allow us to lead the defense;
(c) Provide necessary information and assistance.
5.2 Your Compensation
If a third party claims that your content or use of the Services infringes their rights, you will defend us and cover any losses, provided we:
(a) Notify you promptly;
(b) Allow you to lead the defense;
(c) Provide necessary information and assistance.
5.3 Exclusive Remedies
These compensation terms are the sole remedies for infringement claims.
6. Confidentiality
6.1 Definition of Confidential Information
Confidential Information includes any non-public information disclosed by one party to the other, whether marked as confidential or not.
6.2 Protection of Confidential Information
Both parties agree to protect each other's Confidential Information for five years after the termination of this Agreement.
6.3 Permitted Disclosures
Confidential Information may be disclosed to employees or agents who need to know it and are bound by confidentiality obligations.
7. Limitation of Liability
7.1 Limitation of Liability
Our liability for any claims under this Agreement is limited to the amount you paid for the Services in the 12 months preceding the claim.
7.2 Exclusion of Liability
We are not liable for indirect, consequential, or incidental damages, including loss of profits, data, or goodwill.
8. Term, Suspension, and Termination
8.1 Term
This Agreement remains in effect until terminated by either party.
8.2 Suspension
We may suspend your access to the Services if:
(a) There is unauthorized access to your data;
(b) You violate this Agreement or applicable laws;
(c) Your use poses a security risk.
8.3 Termination
Either party may terminate this Agreement if the other party materially breaches the Agreement and fails to remedy the breach within 30 days.
8.4 Consequences of Termination
Upon termination, you must pay any outstanding fees, and we may retain your content for a reasonable period.
9. Force Majeure
Neither party is liable for failures caused by unforeseeable events such as natural disasters, wars, or government actions. If such events last more than 60 days, either party may terminate the Agreement.
10. Governing Law and Jurisdiction
10.1 Governing Law
This Agreement is governed by the laws of the People's Republic of China.
10.2 Jurisdiction
Any disputes arising from this Agreement will be resolved by the courts in Shenzhen, China.
11. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the Services and supersedes all prior agreements.
12. Changes and Modifications
We may modify this Agreement or the Services at any time. Continued use of the Services after modifications constitutes acceptance of the changes.
13. Miscellaneous
13.1 Relationship
This Agreement does not create a partnership, joint venture, or employment relationship.
13.2 Non-transferability
You may not transfer this Agreement without our prior written consent.
13.3 No Third-Party Beneficiaries
This Agreement does not confer rights on third parties.
13.4 Export Compliance
You must comply with applicable export control laws and regulations.
13.5 Notices
We may send notices via email, SMS, or through our website.
13.6 Severability
If any term is found invalid, the remaining terms remain in effect.
14. Definitions
- Affiliate: Any entity controlling, controlled by, or under common control with a party.
- End User: Any person you allow to access the Services.
- Intellectual Property: Patents, copyrights, trademarks, and other proprietary rights.
- Services: The services listed on the Developer Center website.
- Your Content: Data, software, or materials you transmit, store, or process using the Services.
Effective Date: March 1, 2025
Website: https://developer.myir.cn/