Quectel Service Agreemen
Revision date: [August 30, 2021] Effective date: [October 20, 2021]
1. Important Notes
1.1 Before using Quectel Forums Service (collectively called Forums) provided by Quectel (Quectel Wireless Solutions Co., Ltd. and its affiliates, hereinafter referred to as Quectel or We), please read Quectel Service Agreement and Quectel Privacy Agreement (collectively called Terms of Service) carefully and fully understand them, especially the content marked in bold .
1.2 If you have any confusion about this Agreement, please inquire through Quectel public disclosure channels. The terms and conditions of this Agreement shall be modified at any time by Quectel. You understand and agree that the revised terms and conditions shall have retroactive effect. By confirming your acceptance of this Agreement by any means, such as an online ticking or by enabling Forums, you acknowledge that you have read, understood, and agree to all the content stated in the Agreement, and that the Agreement is legally binding on you . When you use a certain Quectel service, you should follow the guidelines and rules related to that service. All the above guidelines and rules constitute part of this Agreement.
1.3 You declare that you have sufficient right, ability and authority to agree to and fulfill this Agreement. If you agree to this Agreement on behalf of your employer or customer, you declare that you have sufficient legal authorization to bind your employer or customer to this Agreement. If you do not have sufficient legal authorization, please ensure that the person authorized by your employer or customer agrees to this Agreement.
1.4 Our service is mainly for adults. In the case that you are a minor user, please read this Agreement carefully accompanied by your legal guardian and use Forums or provide us with information with the consent of your legal guardian.
1.5 You confirm that you are not the subject of trade restrictions, sanctions, legal restrictions and rules limits imposed by any organization, region or country .
2. Personal Information Protection
2.1 Personal information protection is one of the fundamental principles to which Quectel adheres. When you use Forums, we may collect and use your personal information, including your location and device information, even including your identity and contact information when you access to some functions, based on the services you require. Quectel will collect, store, use and disclose your personal information in accordance with the provisions of the Quectel Privacy Agreement . Please read Quectel Privacy Agreement carefully and use Forums only on the basis that you agree with its content.
When using Forums, you trust the way we handle your information and have agreed to the terms of collection and use of your personal information in service policies such as Quectel Service Agreement and Quectel Privacy Agreement .
3. Service Note
3.1 Forums is provided by Quectel. You understand and agree that Forums provided by Quectel is only provided as what they are currently presented, and Quectel expressly refuses to make any express or implied warranties for Products or Services, including but not limited to guarantees or warranties for commercial use, specific purposes or non-infringement on the rights of others. Quectel is not liable for any direct, indirect, incidental or consequential loss arising from the Products or Services. Quectel has the right to determine the specific content and form of Forums and its functions and services. Quectel has the right to add, change, suspend and cease Forums and its functions or services at its own discretion.
3.2 In order to improve Forums, Quectel will release subsequent versions of Forums in due course. Unless otherwise expressly specified in this Agreement, any upgrade or update of Forums shall be governed by this Agreement .
3.3 After the new Forums is released, the old version may not be available. We do not guarantee that the old version can continue to be used, so please download the latest version in time .
4. Authorizations and Licenses
4.1 Content provided by Forums means any content provided by Quectel through Forums, regardless of whether such content is created by Quectel or licensed to be used by other third parties (hereinafter referred to as Relevant Content).
4.2 You shall not (and you shall not permit others to) use Forums for any commercial purpose in order to directly or indirectly gain any form of interest. If you have commercial operation needs, you will need to enter into a separate written agreement with Quectel or obtain Quectel’s prior written permission .
4.3 You may download Forums from third parties authorized by Quectel or other channels to use Forums. If you obtain Forums from a third party without authorization from Quectel, we cannot guarantee the normal use of the products and will not be liable for any losses you may suffer arising thereof .
4.4 All other rights not expressly authorized by this Agreement shall remain with Quectel, and this Agreement shall not be construed as conferring any other rights on you by implication or otherwise. You need to sign a separate written agreement or obtain prior written permission from Quectel when using other rights .
4.5 Although we will continuously improve the service quality, due to various objective or technical reasons, it may lead to limitations of Forums. Therefore, the functions and services provided by Forums are for your reference only, and please do not regard this agreement as the only basis for your judgment .
5. Use of the Services
5.1 When using Forums, you shall comply with all applicable laws, regulations, rules, norms, policies, administrative orders and public order (collectively called Laws and Regulations) .
5.2 You may only use Forums in the manner permitted by this Agreement, and unless otherwise expressly permitted by a written agreement or additional terms between you and Quectel. You shall not perform, agree to, authorize or instruct any third party to do any of the following during your use of Forums, including but not limited to:
5.2.1 Modify, copy, publish, transmit, publicly display, exhibit, broadcast, reproduce, translate, distribute, publish, authorize, create derivative products from, transfer, sell, reverse engineer, decompile Forums, or attempt to extract source code or obtain original data from or any part of Forums;
5.2.2 Provide Forums for a fee or other profit, whether or not for direct economic benefits or money.
5.2.3 Any other acts without the express permission of Quectel.
5.3 In the event of a breach of this Agreement by you, Quectel reserves the right to pursue all remedies available to you by law for such breach. In case of any loss caused to Quectel or any other person due to your illegal activities or violation of this Agreement, we have the right to claim compensation from you, including but not limited to fines, compensation, legal fees, attorney’s fees, notarial fees, evidence investigation fees.
6. Service of Third Parties
Forums may contain services of third parties. Access to or acceptance of services provided by third parties is at your sole discretion. We do not provide any warranty of any kind as to the availability, authenticity, adequacy or reliability of the services provided by third parties. Exercise caution when using third-party services. If you decide to accept a SIM card management platform of a third party, you shall bear all the results and risks arising therefrom.
7. Intellectual Property Rights
7.1 Quectel owns all legal rights, qualifications and interests of Forums and relevant content, such as copyright, trademark and patent (no matter whether these rights have been registered or not, and no matter where these rights may exist in the world).
7.2 Your agreement to this Agreement and your use of Forums shall not involve the transfer of any of the intellectual property rights mentioned above, and all such intellectual property rights shall remain the property of Quectel or the corresponding right holders. You cannot, without the prior written consent of Quectel and/or the corresponding right holder, exercise, utilize, transfer or permit any three parties to exercise, utilize, transfer the above intellectual property rights, nor can you modify, lease, lend, sell, distribute, make derivative works or otherwise use any part or all of the above intellectual property rights.
7.3 You may not in any way delete, conceal, modify or replace any exclusive rights statement (including but not limited to copyright, trademark, patent, ownership statement) attached to or included in Forums or any copyright marks, trademarks, service marks, logos, trade names, business names, domain names, drawing approval numbers, publication numbers and other obvious signs of Quectel and its partners.
7.4 You may not use any of the marks of Quectel or the corresponding right holder unless you have a separate written agreement with Quectel or the corresponding right holder. This Agreement does not grant you the right to use the logo of Forums in any form or for any purpose, nor does it grant you the right to use any other logo of Quectel and the third party.
8. User Content
8.1 You declare and warrant that you have appropriate and lawful rights, licenses or authorizations for information (collectively referred to User Content) that you publish or upload through Forums. Otherwise, Quectel may delete or block the information provided by you in accordance with the law or this Agreement.
8.2 You agree to grant Quectel a permanent, worldwide, fee-free, transferable, sublicensable, irrevocable, and non-exclusive license to use the User Content you provide through Forums. You understand and agree that the aforesaid license will remain valid after you cease to use Forums.
8.3 You understand and agree that, notwithstanding the above Agreement, when you report, feedback, share, correct or otherwise submit or share problem screenshots, error correction information, problem feedback, improvement suggestions or opinions or similar content to Quectel through Forums, all intellectual property rights such as copyright, ownership and other legal rights stipulated by current and future laws of any of the foregoing content will be automatically transferred to Quectel at the time of your submission, and no fees will be paid to you by Quectel .
8.4 You understand and agree that you should abide by the relevant laws and regulations of the People’s Republic of China and your country or region. You are responsible for the authenticity, accuracy, timeliness and completeness of any information submitted by you through Forums. You guarantee that the above information will not infringe the legitimate rights and interests of any third party or violate any laws and regulations, nor will it involve or encourage the infringement or other illegal acts, otherwise, you will bear the responsibilities and consequences arising therefrom .
9. Warranty
9.1 Quectel provides Forums in accordance with applicable laws, regulations, rules, norms, policies, compulsory standards, industry standards and so on.
9.2 You understand and agree that Quectel and its licensors do not provide you with any guarantee or warranty express or implied, with respect to:
9.2.1 Forums will meet your actual or specific needs or purposes;
9.2.2 Timeliness, accuracy, completeness and accuracy of Forums;
9.2.3 Forums will be uninterrupted, consistent, or error-free;
9.2.4 Any results or information obtained using Forums will be correct or reliable ；
9.2.5 Any errors, problems and failures in Forums will be corrected or resolved;
10 Disclaimer and Limitation of Liability
10.1 Forums may be affected by many factors, including but not limited to your reasons, third party reasons, communication network service quality, connection failure, network equipment or system maintenance, computer or communication or other system failures, power failure, strike, riot, fire, flood, storm, explosion, war, government actions, judicial administrative organs’ orders, social environment and other force majeure. Except for the liability required by laws and regulations, any losses caused to you due to the reasons mentioned in this paragraph shall be borne by you, and we shall not be liable for this. In all cases, Quectel shall not be liable for any loss or damage which cannot be reasonably foreseen. You shall bear all the responsibilities and consequences arising from your use of Forums in violation of laws and regulations or this Agreement.
10.2 Forums and its employees shall not be liable in any way, directly or indirectly, to users or any other person for any fault, inaccuracy or error in the transmission or transfer of any information.
10.3 If the information provided by Forums would be used by or distributed to any person in any jurisdiction in violation of the laws or regulations of that jurisdiction or would result in Quectel or its third party agents being subject to any regulatory requirements of that jurisdiction, such information should not be used by or distributed to any such person in that jurisdiction. You shall promise that you will not be subject to any local regulations that restrict or prohibit users from using or distributing the information provided by Forums.
10.4 You understand and agree that you shall be liable for any third-party claims arising out of your use of the Service, violation of this Agreement or any actions taken under your account. If Quectel and its affiliates, employees, customers and partners are claimed by a third party as a result of this, you shall be responsible for handling the claims and compensate Quectel and its affiliates for all losses and liabilities incurred thereby
11 Change, Suspend and Cease
11.1 Quectel reserves the right to change, suspend and cease the provision of Forums with or without notice, and to change, suspend and cease your use of Forums at any time. If Quectel permanently terminates the provision of Forums, Quectel will make an announcement on Forums or related websites in advance without notifying you separately.
12. Miscellaneous Provisions
12.1 These Terms, including Quectel Privacy Agreement , constitute the entire agreement between you and Quectel and supersedes any prior versions of the agreement, Terms, arrangements, correspondence, membership conditions and any other similar terms and conditions.
12.2 Forums will not be available in all languages or in all countries. Quectel does not promise availability in other countries or regions outside China, and prohibits the use of products or services in areas where they are considered illegal. You confirm that you are in compliance with all export control laws and regulations applicable to this Agreement. You promise not to use Forums for purposes prohibited by applicable law.
12.3 This Agreement is signed in Minhang District, Shanghai, The People’s Republic of China. The entry into force, performance, interpretation and dispute resolution of this Agreement, and any disputes, claims or other matters arising between you and Quectel regarding the use of Forums, the content of this Agreement or its enforcement, shall be governed by the laws of the People’s Republic of China (excluding conflict of laws rules). Relevant disputes or claims should be settled through friendly consultation; If negotiation fails, any party shall submit it to Shanghai Arbitration Commission for arbitration.
12.4 In the event that any provision of this Agreement conflicts with applicable laws and regulations, the other provisions of this Agreement shall remain in full force and effect.
12.5 The title of this Agreement is for convenience only and has no legal or contractual effect.
12.6 This Agreement does not grant you any other rights except as expressly provided by this Agreement and laws and regulations.
12.7 All rights and obligations under this article may be transferred by Quectel for the benefit of Quectel and its successors and assigns.
12.8 The English translation of this Agreement (if any) is provided for your convenience only, and the relationship between you and Quectel is determined by the Chinese version. In case of a conflict between the two versions, the Chinese version shall prevail.
12.9 Your opinions and suggestions about Forums and this Agreement can be delivered through the contact channel disclosed by Quectel.