Update time: 12/01/2022
Implementation time: 12/01/2022
Sarkcyber Technology (Shanghai) Co., Ltd (hereinafter referred to as Sarkcyber company) reminds you that before using sarkcyber APP software " sarkcyber" (hereinafter referred to as sarkcyber APP), you must carefully read and thoroughly understand this agreement, including the terms of exemption from sarkcyber 's liability and the terms of limitation of your rights, and choose to accept or not to accept this agreement. Once you install, copy, download, access or otherwise choose to use “sarkcyber APP”, you have confirmed and accepted this Agreement and agreed to be bound by the terms of this agreement.
This agreement stipulates the rights and obligations between sarkcyber company and you regarding the use of sarkcyber APP. This agreement can be updated by sarkcyber company online anytime. Once the updated terms are published, they will replace the original agreement terms without further notice. If you do not accept the modified terms, please stop using sarkcyber APP immediately. Continuing using the APP will be deemed as acceptance of the modified agreement. Terms of service and later updated contents:
1.1 Under the premise of complying with this agreement, you are granted the limited and no exclusive
right to use sarkcyber APP on your mobile phone.
1.2 You shall not, on your own, assist or encourage others to modify the sarkcyber APP, or conduct reverse
engineer and reverse compile, disassemble, sell, sublease, transfer permission, engage in any other act of trying
to obtain the source code, research and develop any service or any part thereof based on or provided by sarkcyber APP
sub derivative works.
1.3 All rights not expressly granted by sarkcyber and sarkcyber APP are reserved by sarkcyber company.
2.1 In order to provide you with excellent services based on your needs, sarkcyber APP will collect and use the following information (hereinafter referred to as privacy information) of you and your sarkcyber intelligent electric vehicle (hereinafter referred to as vehicle) through sarkcyber APP:
(1) Basic personal information: your mobile phone number, Vehicle GPS positioning，GPS positioning of mobile phone Vehicle track record，Sim card ID, etc.
(2) Basic vehicle information: electric vehicle brand, model, MAC address of central control equipment, unique equipment identification code of software list ;
(3) Vehicle usage information: quantity of electric charge, data of distance travelled;
(4) Vehicle malfunction information: electric system, central control system, power system, display system, etc.
(5) Location information: accurate information of mobile phone and vehicle location;
2.2 sarkcyber company promises that your privacy information is only for use of service providing, and will not collect any
irrelevant information which are not related with sarkcyber APP on operation and documentation.
Sarkcyber company will take various protective measures to ensure that it does not collect and use your privacy
information beyond its purpose and scope, and ensure the security of your privacy information,
so as to avoid your privacy information from being stolen, misused, read and disclosed without authorization.
2.3 Sarkcyber company will not disclose or provide your privacy information to any third party unless having your explicit consent.
However, in any of the following circumstances leading to the disclosure of your privacy information,
Sarkcyber company shall not bear any responsibility:
(1) Sarkcyber company provides your privacy information in accordance with laws and regulations or instructions
of relative authorities;
(2) Sarkcyber company collects your privacy information from the information disclosed legally and publicly;
(3) The privacy information is disclosed due to your own fault;
(4) You disclose the privacy information to a third party by yourself;
(5) Any disclosure of your privacy information due to hacking, computer virus intrusion and other reasons not caused by Sarkcyber company.
3.1 you can register a sarkcyber APP account. You agree to abide by the requirements and terms of sarkcyber APP account registration, provide corresponding information and use the related services, according to the requirements of real name registration in laws and regulations, including but not limited to the “network security law”.
3.2 your account number, password and registration information are set by yourself, and you shall be responsible for all the results of your actions under your account.
3.3 we will not bear any responsibility for all the risks caused by other non-owners that use your vehicle through your account authorization. Unless otherwise provided by law, you agree that your account is not transferable. Do not disclose your account information to others. You are responsible for the confidentiality and security of your account, and are fully responsible for all activities that occur in or through your account. You agree to notify us immediately of any security breach in your account. You further declare and agree that the service in sarkcyber APP account is designed for your own use, and you are not allowed to share your account and / or password details with others. If your account is used without authorization due to your failure to comply with these rules, we will not be liable for any loss under the circumstance that we have applied certain and reasonable technology for the security, and fulfilled our obligations.
3.4 when you transfer the ownership of sarkcyber electric vehicle to others, You need to cancel the current login account on sarkcyber APP for your information security. If your account is the ownership account of the Vehicle, Please log off your account on the sarkcyber APP, and all your personal information will be automatically deleted from the server
3.5 when you buy the new electric vehicle with the service provided by Sarkcyber company again, you can still use your effective account to log in and use the relevant services.
In order to effectively protect your legitimate rights and interests in using sarkcyber service, you understand and agree to accept the following rules:
4.1 The range of services you can get depends on the model and the authority of your account.
4.2 Please make sure that the registration information of your sarkcyber APP account bound with electric vehicle is consistent with the information of the owner registered at the time of purchase. Please pay attention to protect the SN number, invoice, and other information required for binding the vehicle to avoid the disclosure of the above information. The sarkcyber APP account bound with the vehicle is the owner's account.
4.3 Your understand and agree that relevant information prompted to you by sarkcyber APP via vehicle terminal software and / or mobile APP, including but not limited to vehicle maintenance notice, which are only reference information provided to you by sarkcyber APP, and you should confirm whether it is necessary to obtain relevant services from professional service agencies by yourself.
4.4 Please abide by local traffic and road laws and regulations in daily driving to ensure safe and legal driving. Otherwise, you should bear the loss.
5.1 You are authorized to enjoy the Internet technology and information services provided by sarkcyber company as agreed, and have the right to obtain technical support, consultation and other services from sarkcyber company while accepting the services provided by sarkcyber company.
5.2 You guarantee that you will comply with national and local laws and regulations, industrial practices and social public ethics when using the service provided by sarkcyber company, and will not use the service provided by sarkcyber company to store, publish and disseminate the following information and content:
a) Any content (information) in violation of national laws, regulations and policies;
b) Political propaganda and / or news information in violation of state regulations;
c) Information concerning state secrets and / or security;
d) Feudal superstition and / or obscene, pornographic, obscene information or information abetting crime;
e) Gambling with prizes and games;
f) Information in violation of national ethnic and religious policies;
g) Information hindering the security of Internet operation;
h) Information that infringes upon the legitimate rights and interests of others and / or other information or content that is harmful to social order, public security and public morality;
i) At the same time, you promise not to provide any convenience for others to publish the information content that does not conform to the national regulations and / or the service terms of sarkcyber APP, including but not limited to setting URL, banner link, etc.
j) You acknowledge that sarkcyber company has the right to terminate the service provided to you and will not refund any money when you violate the above-mentioned agreement. You shall compensate for the loss caused to sarkcyber company by your above-mentioned behavior, if any.
5.3 We have rights to review and supervise your use of sarkcyber service (including but not limited to the review of the content stored via sarkcyber service). If you violate any of the above regulations while using sarkcyber service, we have the right to require you to correct or directly take all necessary measures (including but not limited to changing or deleting the content posted by you, suspending or terminating your use of sarkcyber service) to mitigate the impact of your misconduct.
5.4 In order to let you know about your own use of sarkcyber service or understand the service, you agree to receive notifications of service status, marketing activities and other commercial SMS in the form of SMS, in APP notifications, etc.
5.5 You shall not use the services provided by us or the third part service provider in the following ways:
(1) harassing, abusing, threatening and other acts infringing or violating the rights and interests of the third party;
(2) illegal, fraudulent and deceptive means;
(3) using technology or other means to contact the confidential information of the company without our authorization;
(4) using any automation system to connect the company's website or server;
(5) attempt to introduce virus or malicious computer code that may interfere with, damage or restrict the function of any computer software, hardware or telecommunication equipment;
(6) attempt to enter into the computer network or user account of sarkcyber company without authorization;
(7) encourage the conduct of acts that may bear civil or criminal liabilities. This Agreement does not mean that you have the right to obtain or require us to provide paper documents, support, telephone assistance or to improve or upgrade the software or services.
5.6 you should ensure that the contact information (mobile number, email address) you provide to us can contact you. In the process of service, we may send you all kinds of notices by sending SMS, email, APP notice and other ways. You shall bear the consequences caused by your failure to provide correct, true and effective contact information.
5.7 any statement, notice, warning and other contents made by sarkcyber company in various ways (including but not limited to web announcement, email, SMS reminder, etc.) for the use of certain express service shall be deemed as a part of this agreement. If you use such express service, it shall be deemed that you agree to the contents of such statement, notice and warning.
6.1 As for any claim based on or due to below, sarkcyber company is not responsible for it:
(1) sarkcyber company is not responsible for the intentional or negligent behavior of users.
(2) sarkcyber company is not responsible for the problems caused by the user's linking and using the software and devices/vehicles not provided by sarkcyber company.
(3) The data and analysis results provided by sarkcyber company are processed professionally and only provided to users for reference, without responsibility for data and errors.
6.2 If the sarkcyber APP cannot be used normally due to the following circumstances, sarkcyber company shall not be liable:
1) Any reason such as network condition, communication line, or service provider of the communication operator;
(2) Be interfered by software and hardware environment or human operation;
(3) Due to typhoon, earthquake, tsunami, flood, power failure, war, terrorist attack and other force majeure factors;
(4) Hacker attack, technical adjustment or failure of telecommunication department, etc.
(5) During software upgrade time;
6.3 if you get to know and participate in relevant activities through sarkcyber company, you shall consider and bear the risk on your own, and sarkcyber company shall not bear any responsibility.
7.1 Except for the third party's products or services, all the contents, including but not limited to text, pictures, graphics, audio, video, information, data, architecture, page design, shall be legally owned by sarkcyber company or its related parties, including but not limited to trademark right, patent right, copyright, trade secret, etc.
7.2 Without the written consent of sarkcyber company or its related parties, no one is allowed to use the aforesaid content by means of modification, duplication, public dissemination, distribution, release, etc.
7.3 Respect for intellectual property rights is yours and sarkcyber company’ obligation. In case of any violation, both parties shall bear their own risks and responsibilities in accordance with the law.
8.1 if you violate any article of this agreement, this agreement will be automatically terminated, and sarkcyber company will investigate your liability for breach of contract. Upon the termination of this agreement, you shall stop using sarkcyber APP.
8.2 If you breach of contract causes losses to sarkcyber company or other users or third parties, you must bear all the compensation liabilities. If sarkcyber company bears the above responsibilities, you agree to compensate for the relevant expenses and losses of sarkcyber company (including but not limited to compensation, legal fees, preservation fees, attorney fees, etc.)
9.1 The validity, interpretation, change, execution and dispute settlement of this Agreement shall be governed by the laws of the people's Republic of China.
9.2 Any dispute arising out of or in connection with this Agreement shall be settled by you through friendly consultation with sarkcyber company or submitted to the Court where sarkcyber company locate at.
10.1 If any provision of this agreement is invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.
10.2 The copyright of this agreement is owned by Sarkcyber Technology (Shanghai) Co., Ltd and sarkcyber company reserves the right to interpret and modify it.