OneNET Open Platform Service Terms
China Mobile IOT open platform (hereinafter referred to as "OneNET") provides OneNET service to developers/users in accordance with the service agreement (hereinafter referred to as "the Terms"). And the Terms are contractually and legally binding on both the developers/users and the China Mobile Internet of Things Co., Ltd. OneNET hereby reminds developers/users to go through and understand all provisions of the Terms, especially those provisions in relation to the exemption or limitation of the liabilities of China Mobile Internet of Things Co., Ltd. and OneNET, provisions in relation to constraining the rights of the developers/users, and provisions in relation to disputing settlement and governing laws, etc. Please read the Terms prudently and choose to accept or reject the Terms. Unless you accept all provisions of the Terms, you will not be entitled to access services rendered by OneNET under the Terms. Upon your registration or use of any service under the Terms, you will be deemed to have fully understood and accepted all provisions of the Terms. In the event you violate the Terms, OneNET shall be entitled to restrain or cease the service provided to you in accordance with the severity of the violation, and shall be entitled to claim for corresponding liabilities.
The Terms may be updated at any time by China Mobile Internet of Things Co., Ltd., which will not be separately notified that the updated agreement and any rules and provisions therein shall supersede the original upon release. Following the modification of the Terms or any rules and provisions therein by China Mobile Internet of Things Co., Ltd., if you don't accept the modification, please immediately stop using the corresponding services, and you will be deemed to have accepted the modification if you continue to use the access service enabled by the OneNET.
Unless otherwise specified, the following terms are defined as follows:
- 1.1 Developer, refers to a person, legal person or organization competent with capacity for civil conduct, which connects its or its company's hardware equipment (manufactured by such company) or software application (developed by such company) to the OneNET platform for data storage, remote control, monitoring and other operations of the equipment or software after registration and certification on the OneNET platform.
- 1.2 User, refers to the user of the hardware equipment and (or) software application which has been connected to the OneNET platform by a developer.
- 1.3 Data, refers to data manually uploaded by a developer or automatically uploaded through hardware equipment such as sensor, etc.
Rights and obligations of a developer/user
2.1 Registration and certification
1. When accessing the OneNET platform, a developer shall log in with a developer account. When a developer has attained such account through application, the developer has to make sure to keep proper custody of the personal registration information, login password and other data, and shall be legally accountable for all activities and events conducted under the registered account name. If a developer/user causes password security problems due to own faults, the developer/user shall wholly assume all consequences. If you are a developer/user who has attained the account after registration, please make sure to ensure the authenticity, accuracy and integrity of the registration information, and please update relevant information in a timely manner when such information shall be changed. OneNET will not be liable for any damage that is incurred to a developer and its users due to any inauthentic information.
2. Once you register as a user of the website, you guarantee that: (a) your submitted personal data is true, accurate and complete; (b) you will keep your personal data updated to meet timely, detailed and accurate requirements; (c) you will not violate the laws or regulations of any applicable countries when using the service; and (d) you will not violate all effective management measures and regulations of the website when using the service.
3. Users' personal data are protected by the website. After registering as the user of the website, your user information will be displayed and shared on the platform. The website undertakes not to rent or sell the user's personal data to any third party without the user's permission, except for the following situations: (a) the user agrees to share his information with the third party; (b) the user agrees to disclose his personal data to enjoy the corresponding products and services; (c) the website is required to comply with court summons, legal orders or legal procedures; and (d) the website finds that the user has violated the website's terms of service or other usage rules.
2.2 Ownership and use right of the connected product
When accessing the OneNET, a developer must legally own or have legal use right of the hardware equipment or software application connected to the OneNET platform. If a developer connects a product owned by a third party to the OneNET platform, OneNET will be entitled to revoke the access service provided to the developer by the OneNET platform and terminate the Terms, and shall reserve the right to claim for the developer's legal liabilities. If any damage and (or) dispute is incurred to the developer or its users in that regard, OneNET shall not be liable for any liabilities. If the reputation and interests of OneNET are damaged, OneNET shall be entitled to demand the developer and its users to recover the reputation and interests of OneNET, and shall reserve the right to claim for the developer's legal liabilities.
When using services rendered by the OneNET platform, users must comply with all relevant laws and regulations of the People's Republic of China, and shall not use the information service for illegal purposes and unethical acts, shall not interfere or disturb network services, and shall comply with all network protocols, regulations, procedures and conventions in relation to the services. If a user violates the above provisions, OneNET shall be entitled to demand the developer responsible for the user to deal with the violation, and shall reserve the right to claim for the developer's legal liabilities. If the reputation and interests of OneNET are damaged, OneNET shall be entitled to demand the developer and its users to recover the reputation and interests of OneNET, and shall reserve the right to claim for legal liabilities of the developer and its users.
2.3 Correct Use of the Integration Process
Before using the OneNET platform, a developer must be familiar with the development process, and correctly uses and completes the system integration process. If any personal damage or third-party damage is incurred due to improper operation of the developer, OneNET shall not assume any liabilities. If the reputation and interests of OneNET are damaged, OneNET shall reserve the right to claim for the developer's legal liabilities. All developers must legally use the services granted by the OneNET platform, shall not use such services for other purposes not permitted by the Terms, and shall not authorize other entities or individuals to access such services. For any loss incurred to a developer due to authorized use of such services, OneNET shall not assume any liabilities, and the developer must assume any and all liabilities in relation to its activities. If the reputation and interests of OneNET are damaged due to the above-mentioned misconduct, OneNET shall reserve the right to claim for the developer's legal liabilities.
2.4 Basic principles
In the event that a developer connects a third-party's application to the OneNET platform, OneNET shall not be involved in the realization of its business and functionality logics and shall not be obligated to review and examine its data and content. The developer shall assume any and all liabilities for the third-party application, and shall comply with the following basic principles:
- (1) The developer shall not upload, publish, distribute and store any content that is prohibited by the constitution and national laws and regulations, endangers national security, reveals national secrets, overturns national sovereignty, damages national unity, incites national hatred, propagates heresy and feudalistic superstition, persecutes religious policies, disturbs social order, and (or) damages social security.
- (2) The developer shall not view and propagate any other information irrelevant to its products, e.g. advertising, illegal information, etc., and shall not publish any content that involves personal privacy and (or) infringes others' rights of reputation, rights of portrait, business secrets, intellectual properties, etc.
- (3) The developer shall not imitate and use any business logo or similar product identification in relation to OneNET, without written consent of OneNET, and shall not publicly announce or imply that there is a cooperative relationship between the developer and OneNET, including without limitation to mutual shareholding, commercial transactions or other cooperation relationships, etc., nor declare OneNET's recognition of the developer. For deliberate or non-deliberate confusion created to users, OneNET shall be entitled to demand the developer to modify, suspend or terminate relevant services, and shall reserve the right to claim for the developer's legal liabilities.
- (4) A developer has the right to legally use the OneNET platform's open APIs as agreed in the Terms, but shall not sell, transfer or sublicense the codes, APIs and development tools of the OneNET platform to any entities or individuals. The developer shall not use products or brand services of a company which competes with OneNET, through manners, including without limitation to bestowal, offering, etc., and if any loss is incurred to users or OneNET due to the developer's violation to this provision, the developer shall compensate for the loss and assume corresponding legal liabilities.
- (5) A developer shall agree to receive emails and information sent by OneNET, including without limitation to information in respect of user interests and business promotion, etc. If the developer needs to send notices to OneNET, the communication address, email address and other contact information officially announced by OneNET externally shall be used as the delivery address.
- (6) A developer shall be responsible for the design, development, testing, maintenance, production and other working procedures of its products, and shall assume corresponding costs. If the developer needs paid services of OneNET, the developer must submit a detailed requirement document through the requirement acceptance channel or personnel officially announced by OneNET, and shall be subject to the agreement separately entered into between the developer and OneNET for that purpose.
Rights and obligations of OneNET
- 3.1 OneNET is obligated to provide system elaboration to the developers who access or are about to access the OneNET platform. The system elaboration includes without limitation to the function and use of the system, free and charged modules of the system, etc. In addition, OneNET shall provide effective and timely consultation services and feasible technical support to the developers.
- 3.2 OneNET is entitled to examine whether a developer is qualified to legally access the OneNET platform, and whether the data uploaded is legal.
- 3.3 China Mobile Internet of Things Co., Ltd. owns all service contents and intellectual properties in relation to the OneNET platform in the process of cooperation, as well as all legal interests of the derivatives generated from the brand and the intellectual properties in the process of cooperation.
- 3.4 All liabilities as a result of the revocation of a developer's business license due to its violation to relevant laws and regulations or attachment of a developer by the regulatory authority due to its violation operations, shall be solely undertaken by the developer. If the liability is severe and incurs adverse impact to OneNET, the developer shall compensate for all losses of OneNET and recover the reputation of OneNET, and in such case OneNET shall be entitled to unilaterally terminate the Terms.
- 3.5 If a developer is found to violate laws or its uploaded user data contains illegal information or other information that may infringe others' legal interests, whether or not any negative effect is created, OneNET shall be entitled to demand the developer to immediately cease the illegal act or replace and modify the illegal content, or unilaterally terminate the service agreement, and shall be entitled to demand the developer to compensate for the losses incurred to OneNET thereby.
- 3.6 In case of any of the following circumstances, OneNET shall be entitled to make judgment on relevant content with a view to the knowledge level of ordinary or non-professional personnel, and if OneNET considers that the content or relevant behavior is unreasonable or illegal, OneNET shall be entitled to delete relevant information or terminate or suspend the services rendered to the relevant developer.
- (1) A third party raises objection to a developer or a specific matter, and notifies OneNET of the objection in writing;
- (2) A third party notifies in writing that there is illegal act or misconduct on the OneNET platform.
- 3.7 OneNET may transfer the rights and obligations under the Terms to a third party in part or in whole, and if a developer disagrees with such transfer, the developer shall be entitled to cease using the services under the Terms. If the developer and its users continue to use the services, it shall be deemed that they shall have accepted such transfer.
- 3.8 In the event a developer violates the Terms, OneNET shall be entitled to terminate the service agreement entered into with the developer, and may choose to take other measures it deems appropriate.
- 3.9 OneNET may send notices to a developer through web announcement, email, mobile message or physical letter, etc., and such notices shall be deemed as delivered upon receipt.
- 4.1 The intellectual properties of all contents on the OneNET platform shall be legally owned by their right holders, including without limitation to trademark right, patent right, copyright, business secret, etc. Without written consent of the right holder, any person shall not privately use, change, reproduce, publicly transmit, alter, distribute, issue or publish any content on the OneNET platform.
- 4.2 A developer shall provide a complaint channel for intellectual property in its services to relevant right holders, to ensure that the right holders may advocate for rights against the developer.
OneNET protects the privacy of the developers and the platform users, which is a basic policy of OneNET.
In case of any following circumstances, OneNET has the right to disclose the information of a developer:
- (1) The information disclosure is agreed by the developer itself;
- (2) According to relevant laws and regulations, information disclosure is required by a third party, administrative body or judicial institution;
- (3) The developer has violated relevant laws, regulations, rules or policies in and of China, and is required to make disclosure to others;
- (4) Other circumstances in which OneNET considers appropriate to make disclosure with a view to serve the developer and the platform users;
Service suspension or termination
- 6.1 A developer shall ensure that the name (designation), address, email and other relevant data provided upon registration must be authentic and accurate. If OneNET finds that such information is inauthentic or inaccurate, OneNET shall be entitled to suspend or terminate the services rendered to the developer under the Terms, and any and all legal liabilities incurred thereof shall be solely undertaken by the developer.
- 6.2 If a developer notifies OneNET in writing that it doesn't accept the new service agreement updated by China Mobile Internet of Things Co., Ltd., the latter shall be entitled to suspend or terminate the services rendered to the developer under the Terms at any time.
- 6.3 In case of occurrence or realization of any other agreement termination condition agreed in the Terms, OneNET shall be entitled to suspend or terminate the services rendered to the developer under the Terms at any time.
- 6.4 In the event a developer violates the Terms, OneNET shall be entitled to suspend or terminate the rendering of the open platform services to the developer in part or in whole at any time. If such developer registers to log in the OneNET platform, directly or indirectly (e.g. in the name of another person), then OneNET shall be entitled to unilaterally suspend or terminate the services rendered under the Terms.
- 6.5 Within the cooperation period, if the operation of an authorized program can't be continued due to force majeure, the Terms can be terminated by both parties through negotiation.
- 6.6 If the services under the Terms are terminated, OneNET shall be entitled to retain or delete any information in the developer's account, and may refuse to return such information to the developer, and shall also be entitled to retain or delete all relevant data in relation to the developer, including any data not yet completed prior to the termination of the services.
- 6.7 In the event that a developer violates laws and regulations or relevant national policies, OneNET shall be entitled to suspend or terminate the open platform services rendered to the developer in part or in whole at any time. If the developer registers to log in the OneNET platform directly or indirectly (e.g. in the name of another person), then OneNET shall be entitled to unilaterally suspend or terminate the services rendered under the Terms.
Modification to the Agreement
- 7.1 The content of the Terms includes the main body and all relevant rules of the OneNET platform published or possibly to be published in the future by OneNET. Such rules shall constitute an integral part of the Terms, which shall have equal legal effect with the main body of the Terms.
- 7.2 OneNET shall be entitled to modify and amend the Terms or various rules from time to time based on requirements, without having to send separate notices. In case of such modification or amendment, OneNET will publish the modified or amended agreement or rules on relevant web pages, and if any developer disagrees with such modification or amendment, such developer shall actively cancel the services under the Terms, and if the developer continues to use such services, it shall be deemed to have accepted the modified or amended agreement or rules. Unless otherwise stated expressly, any new content with the effect to expand the scope of "Service" or enhance the functionality of the "Service", shall be subject to the Terms.
- 8.1 Given the particularity of the platform service, OneNET shall be entitled to change or suspend the service in part or in whole, and delete any data submitted by the developer when accessing the "Service", according to the Terms, without having to notify the developer and undertaking any liability.
- 8.2 OneNET shall be entitled to carry out overhaul or maintenance for the platform or relevant equipment regularly or from time to time, and OneNET shall not be liable for the suspension of the platform service within a certain period of time due to such overhaul or maintenance.
- 8.3 In case of service suspension or any loss incurred to a developer due to any of the following circumstances, OneNET shall not be held accountable:
- (1) Force majeure event;
- (2) Hacker attack, computer virus intrusion;
- (3) Damage, break-down or malfunction of the computer system;
- (4) Technical adjustment made by the telecommunication authority;
- (5) Temporary shut-down due to government regulation;
- (6) Other causes not to be accountable by OneNET.
The interpretation, governing law and dispute settlement of the terms
- 9.1 China Mobile Internet of Things Co., Ltd. reserves the right of final interpretation to the Terms.
- 9.2 The validity and performance of the Terms and all matters in relation to the Terms and its revision, shall be governed by the laws of the People's Republic of China, and any dispute arising from or in relation to the Terms shall be subject to the laws of the People's Republic of China.