Before you start to use the various and related services provided by Kandao Technology Co., Ltd. (hereinafter refer to as “Kandao”, "We", or "us"), please read carefully and fully understand the terms of the Kandao User Service Agreement (the “Agreement”), including but not limited to the terms of exemption or limitation of liability. If you do not agree with this Agreement and/or revisions made to it at any time, you may voluntarily stop using the services provided by Kandao. By using the services provided by Kandao, you have understood and fully agreed to these terms of this Agreement, and accept any modifications made by us to this Agreement at any time, becoming a user of Kandao.
If you have not applied for the registration process, or have been a registered user of Kandao’s Platform or software prior to the effective date of this Agreement, by accessing and/or using our software or services, you are deemed to agree to be bound by these terms.
Kandao reserves the right, at its sole discretion, to arrange or designate its affiliates, controlled companies, successor companies or third-party companies approved by Kandao to provide the services to you as required by Kandao. You acknowledge and agree that by receiving the services, you accept that the rights and obligations of such parties are also governed by this Agreement.
The headings of each term are intended to assist you in understanding the subject matter of the terms and do not affect or limit the meaning or interpretation of the terms of this Agreement. In order to protect your rights and interests, you are advised to read the specific expressions of each term carefully.
1. Platform Operator/We: each legal entity that individually or collectively refers to the operation of our Platform, including Kandao Technology Co., Ltd., etc.
2. Platform: websites and related clients including https://www.kandaovr.com/, QooCam App, QooCam 3 App, Obsidian Remote Controller App, KanDao VR App, KanDao Obsidian Pro App, Obsidian GO App, etc.
3. Platform Services: services we provided to you based on the Internet in various forms including our Platform (including new forms of services emerging from future technological development), as detailed in Section 6.
4. Platform Rules: all rules, interpretations, announcements, etc. that have been released and subsequently released on all our Platforms, as well as various rules, implementation rules, product descriptions, announcements, etc. issued by the Platform in channels, activity pages, help center, etc.
This Agreement shall be legally binding on both you and our Platform Operator.
Under this Agreement, our Platform Operator may be changed according to the business adjustment of the Platform, and the changed Platform Operator will comply with this Agreement and provide services to you, and your rights and interests under this Agreement shall be guaranteed. New Platform Operator may be added for the provision of new services on the Platform, and if you use the new services on the Platform, you shall be deemed to agree that the new Platform Operator shall jointly perform this Agreement with you. In case of dispute, you may determine the subject of performance and the other party of dispute according to the specific service you use and the specific behavior object that affects your rights and interests.
Due to the rapid development of the Internet industry, the terms and conditions set forth in this Agreement concluded by you and us cannot fully enumerate and cover all the rights and obligations between you and us, and the existing agreements cannot guarantee full compliance with the needs of future development. Therefore, the relevant statements, policies, rules and agreements released on the Platform are all supplementary to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use our Platform Services, you are deemed to agree to the aforesaid supplementary agreements.
The Platform system may be upgraded occasionally and various new features may be added, including but not limited to the user registration feature and the associated video and picture storage features under the registration account, etc. Your continued use of our Platform Services is deemed to be your knowledge of our Platform system upgrades and changes and your agreement to abide by the latest rules of our Platform.
You acknowledge that you shall be a natural person, legal person or other organization with full capacity for civil conduct when you start to register, login and actually use our Platform Services. If you do not have the aforementioned qualifications, you and your guardian shall bear all consequences caused by this in accordance with laws and regulations. In particular, if you are a minor, please access or use our Platform Services with the consent and guidance of your guardian.
After you fill in the information as prompted on the registration page, read and agree to this Agreement and complete the entire registration process, you may obtain an account on our Platform and become a user of our Platform.
You have the right to log in to our Platform using the user name, email address or cell phone number (user name, email address and cell phone number are collectively referred to as "User Name") you set or confirm for our Platform and the password you set (User Name and Password are collectively referred to as "Account").
Owing to the association between the user’s account and user’s information, you may transfer your account only if expressly provided by law or regulation, judicial decision or with our consent and in accordance with the Account transfer process set forth in the Platform Rules. Once your Account is transferred, the rights and obligations under the Account will be transferred as well. In addition, your Account may not be transferred in any manner whatsoever, otherwise, all liability arising therefrom shall be borne by you.
In order to enable you to better use the Platform Services, we recommend that you complete your real name verification in accordance with our Platform requirements and relevant laws and regulations. If your Account has not been logged in for a long time, we have the right to cancel it and other liquidation, and your Account will no longer be able to log in to any of our Platform and the corresponding services will be terminated. We will notify you by means including but not limited to website announcement, in-site message, push notification, etc. before liquidating such accounts.
By using our Platform Services, you confirm and agree that the registration information you provide on our Platform is true, accurate, complete, legal and valid, and that any changes to your registration information should be updated in a timely manner so that we can contact you if necessary.
You understand and agree that if the registration information provided by you is not legal, true, accurate or detailed, you shall bear the corresponding responsibilities and consequences arising therefrom, and we reserve the right to terminate your use of our Platform Services.
The user name you set up shall not violate the Chinese laws and regulations and the Platform Rules on user name management, otherwise we may suspend the use of your user name or cancel it and report to relevant competent authorities.
You understand and promise that your user name, avatar and profile and other registration information shall not contain illegal and undesirable information, and there shall be no fraudulent use of or associated with organizations or social celebrities. In the process of account registration, you shall comply with the seven bottom lines: abide by laws and regulations, socialist system, national interests, legitimate rights and interests of citizens, public order, social morality and ethics and authenticity of the information.
In order to provide you with better services and ensure the safety of your Account, you agree and authorize us to initiate inquiries on the authenticity of the user's identity, the user's credit record, and the validity status of the user's cell phone number to reliable units such as national citizen identification number inquiry service centers, telecommunication operators, and financial service institutions based on the information you provide such as your cell phone number and ID card number.
You shall update the information you provide in a timely manner, and in the event that the law clearly requires us to verify the information of some users, we will check and verify your information from time to time in accordance with the law, and you shall cooperate in providing the latest, true and complete information. You shall bear all consequences arising from inaccurate and untrue personal information provided by you.
If we are unsuccessful in contacting you according to the last information you provided, or if you fail to provide information in a timely manner as requested by us, or if the information you provide is obviously inaccurate, you shall bear all losses and adverse consequences caused to yourself, others and us.
Your account is set up and maintained by you. You are advised to keep your account and password secure, to avoid using overly simple passwords, and to ensure that you log out at the end of each online session and leave our Platform in the correct manner. We are not responsible for any loss, forgetting or theft of your account or password that is not caused by our Platform. If you find that your personal information has been compromised, please contact us immediately.
Your Account is for your personal use only and may not be lent or shared with others. When your account is used without authorization, you should immediately notify us, otherwise the unauthorized use is considered your own actions, and you will be responsible for all the resulting losses and consequences.
1. You may upload, post or transmit relevant contents, including but not limited to text, software, programs, graphics, images, sounds, music, videos, audio and videos, links and other information or other materials (hereinafter referred to as "Content") on our Platform (cloud storage, mini programs, websites, etc., which are hereinafter referred to as “Our Platform”) through our Platform Services, provided that you assume legal responsibility for such Content.
2. You shall not abuse the services provided by our Platform. The account of Our Platform is for personal use only and shall not be provided to any third party for free or paid use. Kandao hereby solemnly reminds you that any message, material, text, software, music, audio, photo, graphics, video, information, user's registered information or other materials (hereinafter referred to as "Content") transmitted through our service by uploading, posting, sending instant message, e-mailing or by any other means, whether publicly or privately transmitted, those who upload and use the Content shall bear the responsibility for such behavior.
4. The intellectual property rights of the Content (including but not limited to software, technology, programs, web pages, texts, pictures, images, audio, videos, graphics, layout, electronic documents, etc.) provided by us in our Platform Services belong to us. The copyrights, patents and other intellectual property rights of the software upon which we provide our Platform Services are owned by us. Without our permission, no one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading or downloading through any robot, "spider" or other program or device) the content of our Platform Services.
5. We provide technical support for the development and operation of our Platform Services, and have all rights to all data and information generated in the course of the development and operation of our Platform Services to the extent permitted by laws and regulations.
6. Please do not, under any circumstances, use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features, including but not limited to "KANDAO" (hereinafter collectively referred to as "Marks"). You may not display, use, or apply for registration of a trademark, domain name, etc., in any manner, either alone or in combination with the Marks described herein, nor may you do anything that expressly or impliedly entitles you to display, use, or otherwise deal with such Marks without our prior written consent. If you use our trademarks or logos in violation of this Agreement in a manner that causes damage to us or others, you shall bear full legal responsibility.
7. You understand and acknowledge that when using our Platform Services, you are exposed to content and information from a wide variety of sources. Our Platform has no control over the content transmitted through our service and no overall control over the user behavior so that we cannot be responsible for the legality, correctness, completeness, authenticity or quality of such content. You understand and acknowledge that you may be exposed to offensive, inappropriate and other content when using the service, and agree to judge and bear all risks on your own, and will not hold us liable for such content. We do not endorse, recommend or express an opinion on any content and information uploaded, posted or transmitted by users on our Platform, nor do we accept any liability for errors, defects and loss or damage arising from any content and information, and any use of the content and information by you is at your own risk.
8. You agree that we may place commercial advertisements or any other type of commercial information in the course of providing the Services on our Platform in various ways (including, but not limited to, placing advertisements in any location on our Platform and placing advertisements in the content you upload or transmit), and you agree to accept that we may send you promotional or other relevant commercial information via email, in-site messages, SMS, website announcement or other means.
If the contents you upload, post or transmit contains the information or content that violates the laws and regulations above or infringes upon the legitimate rights and interests of any third party, we shall have the right to suspend or terminate the provision of our Platform Services according to relevant regulations, save the relevant records and report to the competent government authorities, and you will directly bear all adverse consequences and responsibilities arising therefrom. At the same time, we have the right to terminate the Agreement without any liability. If any adverse consequence is caused to us, you shall be responsible for eliminating the effects and indemnifying us for all losses arising therefrom, including but not limited to reasonable expenses arising from the protection of our rights, such as property damages, reputational damages, attorneys' fees, transportation costs, etc.
If your behavior violates laws and regulations or infringes upon the legitimate rights and interests of any third party, we shall have the right to suspend or terminate the provision of our Platform Services according to relevant regulations, save relevant records and report to the competent government authorities, and you shall directly bear all adverse consequences and responsibilities arising therefrom. At the same time, we shall have the right to terminate the Agreement without any liability. If any adverse consequence is caused to us, you shall be responsible for eliminating the effects and indemnifying us for all losses arising therefrom, including but not limited to reasonable expenses arising from the protection of our rights, such as property damages, loss of reputation, attorneys' fees, transportation costs, etc.
You shall abide by the above regulations consciously, and we have no obligation to review and monitor your compliance with the above regulations; however, we or our authorized persons shall have the right at any time to require you to rectify or directly take all necessary measures (including but not limited to the right to modify or delete the contents you upload or publish, suspend or terminate your use of the Service) to mitigate the effects of your misconduct.
You understand and agree that our Platform Services are provided in accordance with the existing technology and conditions. We will do our best to provide the Platform Services to you and to ensure continuity and security of our Platform Services. You understand that we cannot anticipate or prevent against legal, technical and other risks at any time or at all times, including but not limited to force majeure, network causes, defects in third-party services, third party websites and other reasons that may lead to service interruption, failure to use our Platform Services properly and other losses and risks.
You understand that we need to periodically or irregularly overhaul or maintain our Platform (e.g., Internet website, mobile network, etc.) or related equipment on which the Platform Services are provided, and that we shall not be liable for any interruption of our Platform Services within a reasonable period of time due to such circumstances, but we shall give prior notice whenever possible.
You are advised to notify us immediately of any unauthorized use of your Account to access our Platform or other circumstances that may result in the theft or loss of your Account. You understand that it will take us reasonable time to act upon any of your requests. Except for our fault, we shall not be liable for any consequences that arise before we take action.
Except for our fault, you shall be responsible for the results of all actions taken under your Account (including but not limited to signing agreements, posting information, purchasing goods and services, and disclosing information online, etc.).
We attach great importance to the protection of personal information of users. When providing services to users through our Platform, we will collect, store, use, share, transfer, disclose publicly, protect and manage users’ information and privacy in accordance with relevant laws and regulations. Our privacy policy is specified in the Kandao Privacy Policy, the users shall agree to read carefully and fully understand and accept this Privacy Policy, and agree that this Privacy Policy constitutes an integral part of the Agreement. We will stop collecting personal information when we cease to operate this website.
1. Both parties shall abide by the agreement jointly. If one party breaches the contract and causes losses to the other party, the breaching party shall compensate the losses of the observant party.
We provide the services of our Platform as far as the available technology and conditions allow. We assume corresponding obligations in accordance with laws and regulations, but cannot be liable for damage caused to you by information network equipment maintenance and connection failure, failure of computer, communication or other systems, hacking activity, computer virus, power failure, strike, riot, fire, flood, storm, explosion, war, government action, order of judicial and administrative authority or by third parties. We control and provide our Platform Services through facilities within the People's Republic of China. We do not warrant that the services provided are appropriate and feasible in other countries or regions. Any user who uses our Platform Services in other jurisdictions shall ensure that they comply with local laws and regulations, and we assume no responsibility for this.
To the extent permitted by applicable law, our Platform disclaims all warranties of any kind, express or implied, including warranties of title, implied warranties of merchantability and warranties of fitness for a specific purposes.
In addition, we shall not be liable if our Platform (or part thereof) is unable to provide the services or to perform its obligations under the Agreement arising directly or indirectly from equipment, transmission or delivery problems, or other industrial disputes, wars, natural disasters, terrorism, explosions, force majeure or other events beyond our control.
Notwithstanding anything contrary to this clause, our cumulative liability to you for all actions will at all times be limited to RMB 1 YUAN.
Certain jurisdictions do not permit disclaimers, exclusions or limitations on certain warranties, liabilities and damages, and therefore the foregoing disclaimers, exclusions and limitations may not apply to you. Our liability in such jurisdictions will be limited to the maximum extent permitted by applicable law.
We have the right to revise the Agreement and supplementary agreement in accordance with changes in national laws and regulations and changes in our Platform Services, and we will notify you of such changes (the "Changes") through the means stipulated in Section 16 of this Agreement. Once the alteration has been announced in any form on our Platform, it will take effect and replace the previous relevant content, and you shall pay attention to the changes in our Platform announcements, reminders and alerts and changes to the content of the Agreements from time to time.
You acknowledge and confirm that if you disagree with the Changes, you shall cease using our Platform Services immediately upon the effective date of the Changes; if you continue to use our Platform Services after the Changes take effect, it shall be deemed that you are aware of and agree to accept the Changes that have taken effect.
The formation, entry into force, interpretation, amendment, supplementation, termination, enforcement and dispute resolution of the Agreement shall be governed by the laws of the People's Republic of China (for the purposes of the Agreement, excluding Hong Kong, Macao and Taiwan); if there is no relevant provision in the law, references shall be made to commercial practices and/or industry practices. Disputes arising from your use of our Platform Services and related to our Platform Services shall be settled through negotiation between you and us. If no negotiation is reached, either party shall file a lawsuit with the People's Court in the location of Kandao Technology Co., Ltd.
If any provision of this Agreement is deemed to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
Last updated: 2023.06.15
