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User Agreement Standard Template – Using Cloud Platform as an Example
DataMesh Service Agreement
Updated Date: November 20, 2023
Effective Date: November 2x, 2023
Welcome to use DataMesh products and services!
Note: Before using DataMesh services, you should carefully read and comply with the “DataMesh Service Agreement” (hereinafter referred to as “this Agreement”). Please carefully read and fully understand the content of each term, especially the terms that exempt or limit liability, dispute resolution, and legal applicability. Terms that exempt or limit liability will be displayed in bold, and you should pay special attention to them.
By following the prompts on the registration page, enterprise organization creation page, or other informational cues, and by agreeing to this Agreement and completing the account registration or enterprise organization creation, or by actually using the services in a manner permitted by DataMesh, you hereby acknowledge that you have fully read, understood, and accepted all the terms of this Agreement. This Agreement shall then become legally binding, and henceforth, you shall not claim the invalidity of this Agreement or request its revocation on the grounds of not having read its contents or not receiving satisfactory answers from DataMesh to your inquiries.
- This Agreement: Refers to this “DataMesh Service Agreement.”
- Enterprise Organization User: Refers to the administrator authorized by the enterprise organization to create the enterprise organizational structure, invite organization members to log in to DataMesh accounts as enterprise organization users, or configure enterprise accounts for users. After completing the creation of the enterprise organization, authorized administrators of the enterprise organization configure, activate, manage, and use DataMesh products. DataMesh enterprise organization users include but are not limited to legal entities, organizations, partnerships, or individual businesses.
- User: If an individual accepts this Agreement on behalf of themselves, “User” refers to that individual. If an individual accepts this Agreement on behalf of a company or other legal entity, “User” refers to the individual for whom the customer has ordered the services (or provided services, applicable to any free services provided by DataMesh) and authorizes them to use the services. For example, the user may include the customer and third-party employees, consultants, contractors, and agents who have business dealings with the customer. For example, the user may include the customer as well as employees, consultants, contractors, and agents of third parties who have business dealings with the customer.
- Personal Information Processor: Refers to the organization or individual that, as an enterprise organization user, has the right to decide the purpose and method of processing personal information during the use of DataMesh services for online 3D content creation, resource uploading, business data uploading, processing, 3D/MR content experiences, etc. When enterprise organization users and their administrators use DataMesh services for functions such as data uploading and 3D/MR content experiences, the personal information processor is the DataMesh enterprise organization user. DataMesh, based on administrator operations, configurations, and instructions, is entrusted to collect, store, use, process, transmit, provide, disclose, delete, and handle enterprise organization-controlled data.
- Personal Information: Refers to any information in customer data that directly or indirectly pertains to or is associated with (or can reasonably be considered to directly or indirectly pertain to or be associated with) a specific individual.
- Customer Data: Refers to electronic data and information related to services provided by customers or to customers, excluding non-DataMesh application information.
- Intellectual Property: Refers to any materials and any intellectual property created, conceived, written, created, developed, practiced, or delivered by DataMesh in the process of providing professional services mentioned in this Agreement, including but not limited to all designs, text, graphics, images, DLC models, any reports, computer software and/or software documentation, and other content excluding your content.
- Documents: Refers to the content in the help support accessible through the service. https://www.datamesh.com/support/
II. Contracting Parties
- This agreement is a contract jointly entered into by enterprise organization users (including administrators and users) and the DataMesh service provider regarding the user’s download, installation, and use of this software, as well as the use of related DataMesh services.
- Enterprise organization users and their administrators are collectively referred to as “users” or “you.”
- The DataMesh service provider includes DataMesh and other affiliated companies providing services related to DataMesh. The above-mentioned DataMesh service providers are collectively referred to as “DataMesh,” “us,” and “we.”
|Region of Enterprise Tenant
|Mainland China and Hong Kong-Macao region
|DataMesh(Beijng) Technology Co., Ltd.
|Room A492, 4th Floor, Building 14, Cuiwei Zhongli, Haidai District, Beijing, China.
|Room 404, Ningyocho bld, Tensho Nihombashi, Ningyocho 3-3-5, Nihombashi, Chuo-ku, Tokyo
|1400 112th Ave SE, Suite 100, Bellevue, Washington, 98004, USA
|DataMesh Pte. Ltd.
|298 Tiong Bahru Rd, #05-01, Singapore 168730
III. Agreement Content and Effectiveness
- Acceptance of these Terms
If you access or use this service, it means you agree to be bound by all the following terms. Therefore, before using this service, please read all the terms. If you do not agree to all the following terms, please do not use this service. Additionally, if you find any term unreasonable, please inform us via the following email: firstname.lastname@example.org.
- Modification of these Terms
We reserve the right to modify these terms at any time. For example, if we introduce a new feature or for other reasons, we may need to modify these terms.
Whenever we make changes to these terms, these changes will take effect when we post the revised terms (indicated by the date at the top of these terms) or when you accept them; if we provide a mechanism for you to immediately accept the revised term, you are responsible for checking the updated agreement text after revisions to understand the changes to these terms.
If you continue to use this service after the revised terms take effect, you have accepted the changes to these terms.
IV. Service Content
- DataMesh Service Content
- DataMesh services include DataMesh client applications, server cloud platforms, and the integration of certain DataMesh features/services as third-party services in other software or hardware. The above is collectively referred to as “DataMesh services,” subject to the specific form of service implementation.
- In this service, DataMesh provides various application versions, including but not limited to those for Windows, Mac, iOS, Android, and other operating systems (specifically based on versions provided by DataMesh). Users can choose to install the software version that matches their terminal devices. DataMesh will continuously update application versions. If a user has registered and used one version of the service, they can use other versions of the service under the same account. This agreement automatically applies to all versions of software and services used by the user.
- DataMesh Service Form
- Delegated Data Processing Services
- Delegation of Enterprise Control Data Processing
Regarding the opening and use of relevant DataMesh services by enterprise organization users and administrators, DataMesh will process enterprise organization control data submitted or generated during the user’s use of DataMesh-related functions/applications based on the administrator’s actions and instructions. This includes 2D resources such as text, images, videos, audio, photos, and 3D content.
- Delegation of User Personal Information Processing
Regarding the personal information of users involved in enterprise control data, enterprise organization users and their administrators understand and agree:
- Delegated processing: In the process of using enterprise organization services, the user’s personal information published or transmitted by the user, necessary for the conclusion and performance of the contract, or necessary for the implementation of human resources management through legally established labor rules and labor contracts signed with the user, can be processed by enterprise organization users as personal information processors, and DataMesh, based on reasonable necessity, can process the user’s personal information through delegation.
- User information processing restrictions: During the existence of DataMesh enterprise organizations and the collection, storage, processing, and transmission of enterprise organizational control data through the implementation of DataMesh services, DataMesh will not share enterprise organizational control data without the consent of the enterprise organizational administrator.
- Without ambiguity, in the case of enterprise self-built application services and other third-party application services, enterprise organization users and their administrators act as user personal information processors. DataMesh provides platform technology services to enterprise organization users and third-party service providers. DataMesh does not bear joint responsibility for the processing of user information by third-party application service providers.
IV. Software Updates
- In order to improve user experience, and enhance service content and forms, DataMesh will continuously strive to develop new services and provide users with software updates from time to time. This may include software replacement, modification, feature enhancement, version upgrades, and other forms.
- To ensure the security and consistency of this software and service functionality, DataMesh reserves the right to update the software without special notice to users. This may involve version updates, changes, or restrictions to certain software functions or effects. Users may be required to update to the latest version of the product promptly.
- Users understand and agree that DataMesh may notify users of software updates through announcements, update logs, etc., on the DataMesh official website or DataMesh client pages. DataMesh is not obligated to provide users with special notifications regarding software updates.
V. Account Registration and Management
(I) Account Registration
You can log in and use DataMesh services through two methods: (1) using third-party app accounts approved by DataMesh (also known as “third-party authorized accounts”); (2) using enterprise accounts configured by enterprise organizations (“enterprise accounts”).
(II) Account Rights and Responsibilities
- Administrator Account Management Rights and Responsibilities
(1) The administrator account represents the account of the enterprise organization. Please ensure that you have obtained full authorization from DataMesh enterprise organization users and can act on behalf of DataMesh enterprise organization users for daily internal management work. It is reasonable to believe that you have signed service agreements, privacy policies, or other similar agreements or rules with the enterprise or organization you are associated with, and you are bound by them. Disputes arising from this shall not be our responsibility.
(2) The administrator account has user management, permission management, and other privileges. The operations and instructions performed by the administrator account will be considered as representing the will of the enterprise organization. Enterprise administrator account users have the right to manage users under the enterprise account.
(3) Administrator Declaration and Warranty:
When inviting organization members to join the DataMesh enterprise organization, administrators should ensure that they fully explain the basis for the invitation (such as the necessity for fulfilling contracts as an individual party or the necessity for implementing human resources management).
Administrators should safeguard business secrets learned during the use of DataMesh services, protecting user personal information, personal privacy, and other rights and interests.
As an administrator or sub-administrator of the enterprise organization user, you are responsible for your actions. The consequences of DataMesh providing or modifying services based on your actions are your responsibility. If losses occur to DataMesh or others due to this, you should compensate for them.
(4) You are obliged to properly safeguard the administrator account and password and should not disclose them to others under any circumstances. If you suspect that someone else is using your administrator account, you should notify DataMesh immediately. You should pay attention to improving the security of your devices and network. In case of theft of the administrator account, unauthorized personnel gaining administrative rights due to misoperation, etc., you are responsible for it.
(5) When you create an account or log in to this service using other services, you agree to maintain the security of your password and accept all risks of any unauthorized access to any data or other information you provide to this service. If you discover or suspect any security vulnerabilities in this service, please let us know as soon as possible.
VI. DataMesh Service Usage Guidelines
- This service allows you and other users to provide content through posting, linking, and other means. You are responsible for the content you provide in this service, including its legality, reliability, and appropriateness.
- When you provide content through posting, linking, or other means in this service, you grant us the rights and licenses to use, copy, modify, and format your content on or through this service. We may adjust the format or storage method of your content for display throughout the service, but we will not edit or modify the substantive content of your content itself.
- In addition to our limited rights to your content, you retain all rights to the content you post, link, or otherwise provide on this service.
- You can remove it by deleting the content you’ve posted. Once you delete your content, it will no longer appear on this service. However, copies of the deleted content may be retained in our system or backups for a period of time.
- You may not post, link, or otherwise provide any of the following content on this service:
- Defamatory, slanderous, biased, fraudulent, or deceptive content;
- Illegal or unlawful content that may result in liability;
- Content that may infringe or violate any party’s patents, trademarks, trade secrets, copyrights, privacy rights, publicity rights, or other intellectual property or other rights;
- Mass or repetitive promotional activities, political propaganda, or commercial information targeting users who are not following you (spam);
- Private information of any third party (e.g., addresses, phone numbers, email addresses, social security numbers, and credit card numbers);
- Viruses, damaged data, or other harmful, disruptive, or destructive files or code.
- Additionally, you agree not to do any of the following on this service or to other users:
- Use this service in a manner that may interfere, disrupt, negatively affect, or inhibit other users from fully enjoying this service, or that may damage, disable, overburden, or impair the operation of this service;
- Interfere or damage this service or the servers and networks connected to this service, or violate any rules, procedures, policies, or regulations regarding the connection networks of this service;
- Modify or falsify instructions or data during software operation, add, delete, or alter the functionality or performance of the software, or operate or disseminate software or methods used for the above purposes, whether or not these actions are for commercial purposes;
- Interfere with the software, its components, modules, data, etc., either on your own, authorizing others, or utilizing third-party software
- Collect any personal information of other users, or intimidate, threaten, track, or harass other users of this service in any way;
- Evade or attempt to evade any filters, security measures, rate limits, or other features designed to protect the functionality of this service, its users, or third parties.
VII. DataMesh Intellectual Property
DataMesh has invested significant effort in creating the DataMesh service, including logos and all designs, text, graphics, images, DLC models, and other content (excluding your content). This property is owned by us or our licensors and is protected by applicable copyright laws and regulations. We grant you the right to use it.
However, unless explicitly stated, your rights do not include:
- Modifying the service or any part of it in a manner not permitted by DataMesh.
- Using any data mining, robots, or similar data collection or extraction methods.
- Reverse engineering or accessing the service to build a competitive product or service.
- Using the service for purposes other than its intended purpose. If you do any of these, we may terminate your use of the service.
VIII. DataMesh Enforcement Regulations
1. You agree and accept that DataMesh has the right to monitor your use of the service. Following laws, regulations, and the relevant provisions of this agreement, DataMesh may take corresponding measures, including but not limited to deleting information, suspending or terminating services, and reporting to relevant authorities.
2. If you violate laws and regulations, infringe on the legitimate rights of third parties, or violate this agreement and related rules, DataMesh has the right to verify, notify, delete, block, and take measures such as reclaiming accounts, restricting, or terminating the use of part or all of the services according to relevant laws and regulations. This may also include public disclosure and reporting to authorities.
3. If you use DataMesh’s paid services, DataMesh has the right to suspend/terminate the corresponding service without assuming breach liability until you correct the violation.
4. If the content you publish or actions you take result in third-party lawsuits, complaints, claims, or adverse consequences leading to penalties against DataMesh, you shall bear full responsibility and indemnify DataMesh from any damages. Additionally, you shall compensate DataMesh for any losses incurred.
IX. Service Fees
1. Any free trials, free features, and services provided by this service should not be considered as DataMesh giving up the right to charge in the future. DataMesh has the right to notify you of the charging standards and methods through announcements on the DataMesh website or specific DataMesh service applications seven days in advance. If you continue to use the relevant DataMesh services, you are required to pay the corresponding fees according to the charging standards published by DataMesh.
2. DataMesh has the right to unilaterally adjust the fee standards and charging methods seven days in advance based on actual circumstances and notify you in the form of announcements without obtaining your prior consent.
3. You are responsible for paying for internet access, data traffic, and other communication fees charged by third parties when using this service.
X. Suspension or Termination of Service
1. Due to the special nature of internet services, DataMesh has the right to change the service content, suspend, or terminate all or part of the service (including free or paid services). Notice will be given through announcements on the DataMesh website or other official channels.
2. You understand and agree that DataMesh may regularly or irregularly maintain or inspect the platform equipment, facilities, and software and hardware providing network services. If the fee-based service is suspended for a reasonable time due to such circumstances, DataMesh is not liable after providing advance notice.
3. In case of any of the following breaches, DataMesh has the right to immediately suspend or terminate the service and request compensation for losses:
- User violation of the account registration and management obligations in this agreement.
- User failure to pay the corresponding service fees when using fee-based network services.
- User violation of the obligations stipulated in the DataMesh service usage guidelines in this agreement.
1. DataMesh makes efforts to adopt various reasonable physical, electronic, and managerial security measures to protect your information, ensuring that the information and communication content stored in DataMesh are not leaked, damaged, or lost. Strict management measures are also taken for employees or outsourced personnel who may have access to information. DataMesh will provide corresponding security measures to protect your information according to existing technology, providing reasonable security guarantees. DataMesh will do its best to prevent your information from being leaked, damaged, or lost at any time. However, please be aware that there are no absolute perfect security measures on the information network. Please handle relevant information carefully.
2. You should keep your DataMesh devices, accounts, and passwords safe and properly manage related information and content. You are responsible for data loss or theft caused by your own reasons and for the deletion or storage failure of related data in this software and service.
XII. Limited Liability
1. The service will be provided “as is” and “as available.” DataMesh makes no promises or guarantees regarding the effectiveness, accuracy, reliability, stability, completeness, and timeliness of the technology and information involved in the service.
2. Under no circumstances will DataMesh be liable for consequences such as inability to use or delayed services, data loss, system failures, etc., due to network connection failures, equipment failures, communication system failures, power failures, hacker attacks or network attacks, strikes, riots, fires, natural disasters, wars, government actions, orders from international or domestic courts, or third-party inactions.
3. Regardless of foreseeability and the form of action, DataMesh will not be liable for indirect damages (including but not limited to loss of profits or interest, business interruption).
4. You fully understand and agree that due to the special nature of the internet, the information and personal data you share in the service may be copied, reposted, or used for other purposes by others. You are fully aware of the existence of such risks, and you confirm that such risks should be entirely borne by you, and DataMesh is not liable for this.
XIII. Breach Liability and Compensation
1. If we find or receive reports from others that you have violated the provisions of this agreement, DataMesh has the right to delete, block relevant content without notice, and take measures including but not limited to restricting, suspending, terminating your use of DataMesh accounts and services, restricting, suspending, or terminating part or all of the services without assuming breach liability.
2. You agree that if you upload, transmit, or share information through the service, use other functions of this service, violate this agreement, or infringe on the rights of others, leading to any third party making claims or requests to DataMesh and its affiliated companies, or if DataMesh and its affiliated companies suffer any losses as a result, you agree to fully compensate (including but not limited to reasonable attorney fees).
XIV. Effective Notice
1. Any notice from DataMesh to you can be delivered by email, page announcements, personal prompts, mobile messages, or mail, and such notice shall be deemed to have been delivered or become effective within seven days from the date of sending.
2. You agree that any notice you send to DataMesh should be directed to the official contact information, communication address, email, or other contact information publicly disclosed by DataMesh, as notified to users through the method described in Article XVI, or by using other notification methods recognized by DataMesh.
XV. Dispute Resolution and Others
1. The interpretation and application of this agreement, as well as disputes related to this agreement, shall be handled under local laws and regulations, excluding the application of any conflicting laws. Jurisdiction belongs to the court/enforcement agency with jurisdiction over the place where this agreement is signed.
2. If any provision of this agreement is deemed invalid or unenforceable, the remaining parts shall still have legal effect.
3. DataMesh waives the rights granted by this agreement in case of user negligence or breach of contract, which shall not be construed as DataMesh waiving the right to exercise corresponding rights in the event of similar user negligence or breach of contract in the future.
4. This agreement shall supersede all prior oral and written agreements, arrangements, understandings, and communications between the parties on any matters related to this agreement.
5. You understand and agree that DataMesh has the right to independently decide on business strategies and transfer all rights and obligations under this agreement to its affiliated companies based on business adjustments. The transfer will be notified in the manner specified in this agreement.
XVI. Feedback and Contact Information
Please let us know your views on the service, these terms, and DataMesh services in general. When you provide any feedback, comments, or suggestions regarding the service, these terms, and DataMesh services, you irrevocably transfer all rights, ownership, and interests in your feedback, comments, and suggestions to us.
Questions or opinions regarding this service can be submitted to us via the email address email@example.com.