By using the DataBaker Service, you are agreeing to be bound by the following terms and conditions.
Software Use Single-User License Agreement
Please read the Software License Agreement ("License") carefully before using the DataBaker Service. By using the DataBaker Service, you agree to be bound by the terms of this License. If you do not agree to the terms of this license, do not use the DataBaker service.
DataBaker and its services are licensed to you by DataBaker (Beijing) Technology Co., Ltd. or its affiliates (hereinafter collectively referred to as "DataBaker") and are not sold to you. You may only use it in accordance with the terms of this License, and DataBaker and its licensors retain ownership of the DataBaker Service itself and retain all rights not expressly granted to you.
Permitted License Uses and Restrictions.
- Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to DataBaker on a single hardware product. This License does not permit the DataBaker Service to exist on more than one hardware product at any one time, unless you have a separate agreement with DataBaker, and you may not distribute or provide DataBaker services on the network, so that the DataBaker service may be available at the same time. For multiple devices. This License does not grant you any right to use DataBaker's proprietary interface and other intellectual property rights to design, develop, manufacture, license or distribute third party devices and accessories or the third party applications DataBaker services. Some of these rights may be used with the permission of DataBaker.
- Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to download software updates that DataBaker may provide to you. You may not distribute or provide DataBaker services on the Internet, so that the DataBaker Service may be used by multiple devices or multiple computers at the same time. If you download the DataBaker Service Update to your computer, you may only make a copy of the DataBaker Service Update stored on your computer in machine readable form for backup purposes; however, the backup copy must be accompanied by the original a reminder of all copyright or other proprietary rights.
- You may not and you agree not to or authorize others to copy (except as expressly permitted by this License), disassemble, reverse manufacture, disassemble, attempt to export its source code, decode, modify DataBaker Services or manufacture its derivative works or DataBaker Any service provided by the Service or any part thereof (other than applicable law or open source components that may be included in the DataBaker Service).
- You agree to use DataBaker Services (as defined in Section 5 below) in accordance with all applicable laws, including local laws of the country or territory in which you reside or download or use the DataBaker Services.
- You acknowledge that many features and services of the Data Baker Service will transfer data and may affect you.
You may not rent, lease, lend or sublicense the DataBaker Service.
Commitment to Data usage
- Diagnostic and Usage Data. By accepting the collection of diagnostic and usage data, you agree that DataBaker and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information ("Diagnostic and Use Data"), including However, it is not limited to regularly collecting unique system or hardware identification codes, information about your DataBaker services, computers, systems and applications, and peripherals to provide and improve DataBaker products and services, and to provide you with DataBaker services. Software updates, product support, and other services, if any, and to verify compliance with the terms of this license. DataBaker may use such information for the purposes set out above, provided that it is collected in a manner that does not identify you personally. You acknowledge and understand that the location of your device may be sent to DataBaker to assist DataBaker in analyzing wireless or cellular performance issues (such as cellular signal strength at a particular location). To facilitate DataBaker's partners, third party developers and content providers to improve the software, hardware, courses, materials and services they design to work with DataBaker products, DataBaker may provide any software, hardware, courses, and software to the party. A subset of diagnostic and usage data related to materials and/or services, as long as the form of diagnostic and usage data does not identify you personally.
- Location of Data. DataBaker and its partners, licensees and third party developers may provide certain services that rely on location information through your DataBaker service. To provide and improve these services, DataBaker and its partners, licensees and third party developers may transmit, collect, maintain, process and use your location data (if available), including the real-time geographic location of your DataBaker service, Road traffic speed information and location search queries, as well as the location where you purchase and launch the app. DataBaker's collection of location data and queries will not be identified by you and will be used by DataBaker and its partners, licensees and third party developers to provide and improve location-based products and services. By knowing and agreeing to your use of the DataBaker Services, you consent to the transfer, collection, maintenance, processing and use of your location data and queries by DataBaker and its partners, licensees and the third party developers to provide and improve these products and services. When using or providing third party applications or services for location data on the DataBaker Service, you must abide by and review the third party terms and privacy policies of such third party applications or services for the use of the location data.
- Speech Recognition. The speech recognition feature of the DataBaker service allows you to make requests, issue commands and/or dictate text to your device using your own voice. When you use speech recognition, your speech will be recorded and sent to DataBaker to convert your speech into text and process your request. Your device will also send other information to DataBaker, such as your name and nickname; the name of the contact in your address book, your nickname and relationship with you, the name of your favorite song, etc. (collectively your "user data"). All of this data is used to help speech recognition better understand you and identify you. By using Speech Recognition, you consent to and allow DataBaker and its affiliates and agents to transmit, collect, maintain, process and use such information, including your voice input and user data, to provide and improve speech recognition and other DataBaker products and The dictation function of the service. The location of the DataBaker service will also be sent to DataBaker upon request for speech recognition to help DataBaker improve and respond to the accuracy of your location-based requests.
Services and third party materials
- The use of any Service means that you will encounter content that may be considered offensive, defamatory or annoying, with or without straightforward language, and any results obtained or accessed into a particular URL (URL ), links to inappropriate materials or references to inappropriate materials may be generated automatically and unintentionally. Notwithstanding this, you agree to use the Services at your own risk and DataBaker and its affiliates, agents, officers or licensors shall not be liable to you for content that may be found to be offensive, defamatory or annoying.
- Certain Services may display, include or provide content, data, information, applications or materials ("Third Party Materials") from third parties, or links to certain third party websites. By using the Services, you acknowledge and agree that DataBaker is not responsible for reviewing or evaluating the content, accuracy, completeness, timeliness, validity, copyrightability, legality, suitability or appropriateness of such third party materials or websites. Quality, or any other aspect. DataBaker and its officers, affiliates and subsidiaries do not endorse or endorse any third party services, third party materials or websites, or any other materials, products or services of third parties, nor do they and or any other person or Have any responsibility or responsibility. Third party materials and links to other websites are provided for your convenience only.
- DataBaker and any of its content providers do not warrant the availability, accuracy, completeness, reliability or timeliness of stock information, location data or any other data displayed by any Service. The financial information displayed by any service is for general information purposes only and should not be used as investment advice for dependencies. Before engaging in any securities transactions based on information obtained through the Services, you should consult a professional financial or securities officer who is legally eligible to provide financial or securities advice in your country. Location data provided by any service (including the DataBaker Map Service) is provided for basic navigation and/or planning purposes only, not as a dependency for situations where accurate location information is required, or if location data is incorrect, inaccurate, or Delays or incomplete time may result in personal injury or damage to property or the environment. You agree that the results you receive from the Maps Service may differ from the actual road or terrain conditions due to factors such as, but not limited to, weather, road and traffic conditions, and geopolitical events that can affect the accuracy of the map data. For your safety, when using the navigation function, always pay attention to the displayed road signs and the road conditions at the time, follow safe driving habits and comply with traffic regulations, and note that the direction of walking may not include sidewalks or pedestrian access.
- To the extent that you use the Service to upload any Content, you represent that you own all rights or are authorized or otherwise legally permitted to upload such Content and that such Content does not violate any Terms of Service applicable to the Service. You agree that the Services contain proprietary content, information and materials owned by DataBaker, the Site Owner and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than the permitted use of the Services, nor will you use such proprietary methods in any manner that is inconsistent with or infringes the intellectual property rights of third parties or DataBaker. Have content, information or materials. No part of the Service may be reproduced in any form or in any way. You agree not to modify, rent, lease, lend, sell or distribute the Services in any way, nor to create any derivative works on a service basis in any way, and you may not use any unauthorized means (including but not limited to To transfer any computer virus, worm, Trojan horse or other malware, or to exploit the service by invading the network or increasing the network capacity burden. You further agree not to use the Service in any way to harass, abusive, trace, threaten or defame any other party, or to use the Service in a manner that infringes or violates the rights of any other party, and for any such use by you or by the use of the Service DataBaker is not responsible for any harassment, threatening, defamatory, offensive, infringing or illegal information or transmissions that may be received.
- In addition, services and third party materials that may be accessed, linked or displayed through the DataBaker Service are not available in all languages or in all countries. DataBaker does not represent that such services and third party materials are appropriate and available at any particular location. To the extent that you choose to use or access such services and third party materials, you are solely responsible for doing so and for complying with any applicable laws, including but not limited to applicable local laws, as well as privacy and data collection laws. Sharing or synchronizing photos with your DataBaker service may result in metadata transfer along with the photo, including location data for the photo. DataBaker and its licensors reserve the right to change, suspend, cancel or prohibit access to any such services at any time without notice. Under no circumstances will DataBaker be liable for the cancellation or prohibition of access to any such services. DataBaker may also, in any event, restrict the use or access to certain services without notice and without liability.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from DataBaker if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease any use of the DataBaker Service. Clauses 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this Permit continue to be valid after such termination.
Disclaimer of Warranties
- You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the DataBaker Service and the execution or access to any Services through the DataBaker Service are at your own risk, with respect to quality satisfaction, performance, accuracy and effort. All risks are borne by you.
- To the fullest extent permitted by applicable law, DataBaker Services are provided "as is" and "as available", with and without any kind of warranty, DataBaker and DataBaker licensors (in Sections 7 and 8 collectively referred to as "DataBaker" hereby disclaim any express, implied or statutory warranties and conditions with respect to the DataBaker Services, including but not limited to, merchantability, quality satisfaction, fitness for a particular purpose, accuracy. Implied warranties and/or conditions for uninterrupted enjoyment and non-infringement of third party rights.
- DataBaker does not warrant that you will be able to enjoy the DataBaker Service without interruption. The DataBaker Service will contain features or services performed or provided that will meet your requirements. The DataBaker Service will operate without interruption and without errors, any service will The provision of DataBaker services will be corrected, or the DataBaker service will be compatible or compatible with any third party software, application software or third party services. Installation of this DataBaker Service may affect the availability and availability of third party software, applications or third party services and DataBaker products and services.
- You further acknowledge that the DataBaker Service shall not be used in the field of professional services, which may result in personal injury or serious injury if the DataBaker Service fails or is delayed, or if the content, data or information provided is incorrect or inaccurate. Physical or environmental damage, including but not limited to aircraft navigation or communication systems, air traffic control systems, life support machinery or weapon systems.
- The oral or written information or opinions given by DataBaker or DataBaker authorized representatives do not constitute any warranty. If you find that the DataBaker service is defective, you must bear all necessary repairs, repairs or corrections. Some countries do not allow the exclusion of implied warranties or restrictions on the applicable legal rights of consumers, so the above exclusions and limitations may not apply to you.
Limitation of Liability
To the extent not prohibited by law, in any case, any person arising out of or in connection with the use of the DataBaker Corpus and Services, or the use of any third party software or application software by the DataBaker Service, in any case Injury or any incidental, special, indirect or consequential damages, including but not limited to loss of profits, data confusion or loss, failure to transmit or receive any data (including but not limited to course descriptions, assignments and materials), Damage to business interruption or any other commercial damages or losses, regardless of its cause and the theory of liability (contract, infringement or otherwise), DataBaker, its affiliates, agents or senior management are not responsible, even if DataBaker has Knowing that the above damages may occur. Some countries do not allow personal injury or incidental or consequential damages or additional liability limitations, so this limitation may not apply to you. In no event shall DataBaker's entire liability for all damages (except for damages in accordance with applicable law in the case of personal injury) shall exceed the amount of one hundred and fifty dollars ($150). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If the DataBaker service has the function of accepting digital certificates issued by DataBaker or third parties, it is your sole responsibility to decide whether to rely on the certificates issued by DataBaker or third parties. You are solely responsible for the risks of using digital certificates. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DataBaker makes no warranties or representations of any kind, express or implied, regarding the merchantability of the digital certificate or its suitability, accuracy, security or non-infringement of third party rights for any particular purpose.
Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the People's Republic of China. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes relating to this License shall be submitted to the court of DataBaker (Beijing) Technology Co., Ltd. for settlement.
Complete Agreement; Governing Language
This License constitutes the entire agreement between you and DataBaker regarding the DataBaker Services and supersedes all previous or current understandings relating to the subject matter. Any revision or modification to this License is not binding without the written documentation signed by DataBaker. Any translation of this license is solely for local needs. In the event of any conflict between the Chinese text and any non-Chinese translation, the Chinese version of this Permit shall prevail insofar as it is not prohibited by local laws in your country.
Third party confirmation
Portions of the DataBaker Service use or contain third party software and other copyrighted material. Your use of these materials is subject to their respective terms and conditions.
Notification from DataBaker
If DataBaker needs to contact you regarding your product or account, you agree to receive these notifications by email. You agree that any such notices we send to you will comply with any legal communication requirements.