General

  • This Service Agreement for Developer on the Face++ Artificial Intelligence Open Platform (hereinafter referred to as "the Agreement") is a valid agreement made and entered into by Beijing Kuangshi Technology Co., Ltd. (hereinafter referred to as "MEGVII") and between all the subjects (including but not limited to natural persons, legal persons or other organizations) (hereinafter referred to as "the Developer") using the development services of the Face++ Artificial Intelligence Open Platform (hereinafter referred to as "the Services") with respect to the use of services on the Face++ Artificial Intelligence Open Platform by the Developer.
  • The Agreement is applicable to all the services provided on the Face++ Artificial Intelligence Open Platform, including upgrades and updates of each product and service used by the Developer, except for single product or service with specified provisions. The Agreement consists of the operative provisions of the Agreement and service rules for the technology of each channel (including the accounting strategy) which have been or might be published by the Face++ Artificial Intelligence Open Platform. Each rule of the Face++ Artificial Intelligence Open Platform is an integral part of the Agreement and has equal legal effect as the Agreement.
  • The Developer acknowledges that, before using the services of the Face++ Artificial Intelligence Open Platform, it has scrutinized and fully understood all the terms, especially the terms relevant to the exemption from or limitation of liabilities, as well as independent agreements or technical documents concerning the provision or use of a specific service, and it has accepted or not accepted such terms. Unless the Developer has read and accepted all the terms of the Agreement and relevant agreements, it has no right to use the services of the Face++ Artificial Intelligence Open Platform. If the Developer logs in or uses any services provided by the Face++ Artificial Intelligence Open Platform, it will be deemed as that the Developer has read and agreed to be bound by the Agreement. If the Developer does not agree with the terms of the Agreement, it shall immediately stop applying for the authorization or using the Services.
  • If the Developer is under the age of 18, it shall be accompanied by its legal guardian while reading the Agreement and note the terms applicable to the minors.

Definition of Terms

Unless otherwise specially stated, the following terms shall have the meanings set forth below:

  • The Developer refers to any individual, legal person or other organization which, after valid registration and application, will independently assumes legal liability and develop, produce or operate (with legal authorization) in its own name a variety of applications, and websites (hereinafter referred to as the "products of the Developer") whose interfaces are accessed to the Face++ Artificial Intelligence Open Platform so as to provide users with a wide range of services.
  • Application refers to any application program that is developed or produced by the Developer (in its own name) who is entitled to legal operation rights and will independently assume legal liability for the operation, and that can obtain relevant services of the Face++ Artificial Intelligence Open Platform through registering and logging into such Platform.
  • The Face++ Artificial Intelligence Open Platform (hereinafter referred to as "the Open Platform") refers to the website services provided by faceplusplus.com operator, including the web API service and the SDK service. Both MEGVII and the Developer agree and understand that:
    • MEGVII, a neutral platform service provider, only provides the Developer with the open access, SDK or relevant neutral technical support services hereunder, and MEGVII is entitled to select the Developer who uses the Services based on the orderly operation and sound development of the Face++ Artificial Intelligence Open Platform.
    • The Developer develops its applications and websites in its own name and is entitled to relevant legal operation rights, and it independently assumes all the liabilities. MEGVII has not been and will not be involved in the research and development and operation of the products of the Developer, nor will MEGVII make any modification, edition or arrangement of the products of the Developer;
    • The Developer, instead of MEGVII, shall independently bear any and all liabilities and make compensation for any dispute or liability arising from the products and services of the Developer as well as any consequence resulting from the violation of relevant laws and regulations or the Agreement by the Developer. Where the interests of MEGVII or others are prejudiced therefrom, the Developer shall independently bear all the liabilities and compensate for any and all losses.
  • User data refers to the necessary information submitted by the Developer at stages such as registration of the Open Platform and enterprise certification (including but not limited to the e-mail address and mobile phone number) and data of the Developer's users submitted by the Developer while receiving services of the Open Platform, including but not limited to the images of users' face and human body.

Rights and Obligations of the Developer

  • Account registration
    • The Developer shall log in the website of the Open Platform or adopt other approaches specified by MEGVII and then register the Developer's account with its e-mail address/ mobile phone number/ WeChat ID (hereinafter referred to as: the account); once the Developer's account is registered, the corresponding e-mail address shall not be changed and the account cannot be transferred, granted, or inherited.
    • The Developer shall register the account with its e-mail address/ mobile phone number/ WeChat ID which it is legally entitled to use, and the Developer shall be bound by relevant agreements and rules.
    • In order to guarantee the legality and safety of the Services, the Developer shall not violate the Agreement and use the Developer's account for other purposes, including but not limited to using the Developer's account to apply for the Services for a third-party application. Otherwise, MEGVII is entitled to unilaterally limit, suspend or terminate the Services provided to the Developer and/or products of the Developer at any time, and the Developer and/or products of the Developer shall not use the Services again without the consent of MEGVII.
    • The e-mail address/ mobile phone number/ WeChat ID which the Developer used for registration is the proof of the Developer concerning the logging into and using of the Services. The Developer shall take security measures with respect to the passphrases and passwords of the products and services. If any above-mentioned passphrase or password is lost, disclosed due to improper security measures taken by the Developer or due to other conducts of the Developer, all the losses and consequences caused therefrom shall be independently borne by the Developer.
    • The Developer undertakes that: The e-mail address/ mobile phone number/ WeChat ID used for registration is legal. The above-mentioned e-mail address/ mobile phone number/ WeChat ID can be used to: register an account for the Services, submit corresponding qualification materials, confirm and agree on relevant agreements and rules, select a specific service type and make settlement. Such acts are all conducted by the Developer or a person authorized by the Developer and will be binding upon the Developer. In the meantime, the Developer bears all the legal liabilities concerning all the conducts with an identifier of all the above-mentioned e-mail addresses.
    • The Developer shall notify MEGVII through an effective approach (including but not limited to providing identity information of the Developer and relevant identity materials, relevant actual situations and requirements of the Developer) if it finds that the Developer's account and password are subject to fraudulent use or usurpation by others, or other matters which are not authorized by the Developer. MEGVII will take corresponding measures at different situations upon receipt of a valid request from the Developer and upon identity verification. If the information provided by the Developer is incomplete and does not allow MEGVII to verify the identity of the Developer or determine the needs of the Developer, which in turn makes MEGVII unable to respond promptly and causes damages to the Developer, the Developer shall independently bear the damages. At the same time, a reasonable time period is required for MEGVII to take measures concerning the request of the Developer, and MEGVII will not bear any liability concerning conducts of others which cause damages to the Developer before the Developer notifies MEGVII and MEGVII takes measures based on the valid notification of the Developer.
    • The Developer understands and agrees that, in order to protect the data of the Developer and its users and prevent the user information from disclosure, damage, falsification or loss, MEGVII is entitled to carry out access review concerning the accessed information system of the Developer, including but not limited to technical level review, security level review, and subject qualification review, as well as to propose recommendations concerning anti-intruder and anti-virus measures of the Developer. If the information system of the Developer is still unable to protect the user data security, MEGVII is entitled to refuse or terminate the provision of the Services.
  • Qualification materials
    • The Developer undertakes that: it fills in actual information and submits actual materials for account registration and certification, and bears the liabilities concerning the authenticity, legality, accuracy and validity of the materials; it has legal qualification concerning the use of the Services, accessing and operating applications or has been reviewed and approved by relevant governmental authorities; the information contained by subject qualification materials, relevant qualifications or proofs and any other documents provided by the Developer is authentic, accurate and complete, and such information is promptly updated upon any change; the Developer is capable of performing obligations hereunder and engaging in a variety of conducts; the Developer will not violate any legal document which is binding on the Developer for performing relevant obligations and engaging in relevant conducts; the Developer is not listed in any sanction or entity list published and updated by the Office of Foreign Assets Control of the US Department of the Treasury and the Bureau of Industry and Security from time to time. Otherwise, MEGVII is entitled to refuse or terminate the provision of the Services and punish the account in breach of rules according to the Agreement, and the Developer shall independently bear all the liabilities and losses caused to a third party and MEGVII therefrom.
    • The Developer undertakes that it submits authentic and accurate subject qualification materials with seal and signature of the Developer which are necessary for using the Services, as well as such relevant contact materials as the name (designation), address, and e-mail as required by laws and MEGVII.
    • The Developer undertakes that the services provided on the Open Platform through the application of the Developer have relevant legal qualifications or have been permitted or approved by relevant authorities in accordance with laws, and relevant qualifications or documentary evidence will be submitted to MEGVII.
    • The Developer undertakes that all kinds of services provided on the Open Platform by applications of the Developer comply with relevant national regulations, do not violate any related regulations and relevant agreements and rules, and do not prejudice the legal interests of any person; at the same time, relevant documentary evidence concerning the copyright and patent right will be provided as required by laws, agreements or MEGVII.
  • Paid services
    • Some services on the Face++ Artificial Intelligence Open Platform are paid services, and the Developer shall comply with relevant special rules if it receives the paid services.
    • MEGVII may modify or alter standards and methods of charging fees for paid services based on actual needs, and MEGVII may start charging fees for some free services. MEGVII will notify or announce relevant information on corresponding service webpages before making the above-mentioned modification, alternation, or before charging fees. The Developer shall immediately stop using the Services if it does not agree with the above-mentioned terms on modification, alternation or paid services.
    • Before using the Services, the Developer shall top up based on its own needs, as after topping up, the account balance (including but not limited to the recharging balance and granted balance of the account) can be used only and cannot be refunded.
    • Before using the Services, the Developer shall purchase services based on its own needs, as all the purchased services, including but not limited to the Web API service, the SDK service, can only be used and cannot be refunded.
  • Requirements on the products of the Developer
    • The Developer shall be independently responsible for the production, development, edition, processing, modification, testing, operation and maintenance of its products and bear expenses of the products at its own cost.
    • The products of the Developer shall comply with relevant regulations, technical specifications or standards. In the meantime, such products shall also satisfy the uniform technical and security requirements of the Open Platform concerning accessed products, so as to ensure that applications can be operated safely and stably on the Open Platform.
    • The Developer shall not make any alternation while using the API relevant to the Services. Or MEGVII is entitled to suspend or terminate provision of the Services for the Developer at any time.
    • When the products of the Developer is operating on the Open Platform, the Developer shall, at its own cost, provide users with prompt and effective services, including but not limited to informing the user service channel of the Developer, providing e-mail address/phone number in a clear and reasonable manner.
    • The Developer shall describe the complaint channels (such as e-mail address, phone number or online channel) in the product for the relevant obligee, so as to ensure that the obligee can claim his/her rights when he/she thinks that his/her legal interests are infringed by the Developer.
    • The products of the Developer for which it applies for using the Services shall be developed, produced, or operated (with legal authorization) by the Developer, with legal liabilities borne by the Developer independently, and the Developer shall not use the Developer's account to apply for and use the Services for any other third party. Otherwise, MEGVII is entitled to unilaterally limit, suspend or terminate the Services provided to the Developer and/or products registered by the Developer at any time, and the Developer and/or products of the Developer shall not use the Services again without the consent of MEGVII.
    • In order to guarantee that the users of the products of the Developer can be correctly recognized, distinguished and differentiated, and to protect the users' right to know, the right of choice and the legal interests of the third party, the product names of the Developer shall match the products and shall not infringe upon the legal interests of others, and each product shall have only one product name. The Developer shall submit authentic, accurate and complete product information to MEGVII, including but not limited to the domain name, link, and accounts and fields allocated to other third parties, and MEGVII is entitled to extract, analyze, evaluate, compare such information so as to provide verification and judgment basis for the review concerning the authenticity, legality, and security of relevant products.
  • Operation of the products of the Developer
    • The Developer shall independently operate its product and perform relevant obligations according to relevant regulations, and shall also independently assume all the liabilities, including but not limited to:
      • Keeping corresponding logs and records concerning access and usage according to relevant laws and regulations (including complying with requirements of the minimum storage period of such logs);
      • Actively coordinating with competent national authorities and providing the information when such authorities inquire relevant information according to laws;
      • Actively performing other obligations of the Developer under laws.
    • The Developer undertakes that:
      • Authorization of the user: If the Developer requests MEGVII to process the personal information of the users of the Developer while it is using services provided on the Open Platform, the Developer shall guarantee that, before it delivers its user information to MEGVII through the API, it has obtained the following authorizations from its users: (1) The Developer is entitled to collect information of the users, including but not limited to photos of face and human body, and it is entitled to submit the above-mentioned information to MEGVII through the API interface of the Open Platform; (2) MEGVII is entitled to obtain the above-mentioned information from the Developer and process such information based on services selected by the Developer, and then send the processing result back to the Developer through the API interface; (3) MEGVII is entitled to store the user data and use such data for internal research of MEGVII and its affiliates so as to improve the accuracy of human identification, update the algorithm, and improve our products and services.
      • The Developer undertakes that it has sufficiently described the collection, and the use purposes, scope and methods of the image information to the obligee of the image based on provisions of relevant laws under the premise of legality, justice, and necessity, and it has obtained explicit consent and authorization of the obligee. The Developer shall not use MEGVII technology to process the image information before obtaining the above-mentioned consent and authorization, otherwise, the Developer will independently assume all the liabilities therefrom.
      • The Developer is obliged to provide MEGVII with relevant documents with respect to the obtained authorization and consent as prescribed by Articles 3.5.2.1 and 3.5.2.2 upon request of MEGVII at times for review and confirmation by MEGVII; if the Developer violates the above-mentioned guarantees and causes any damages to MEGVII, the Developer shall bear the liability, including but not limited to compensating for any losses suffered by MEGVII thereafter.
      • Products of the Developer and related services provided by the Developer and related information and content published by the Developer do not violate provisions of relevant laws, regulations, policies and the Agreement or relevant agreements and rules, nor do such items violate the legal interests of any person;
      • The Developer is independently responsible for managing and reviewing contents (including but not limited to photos of face and human body, submitted by users) submitted by users to products of the Developer while using the product service, so as to guarantee that such contents will not violate provisions of relevant laws, regulations, policies and public order and good customs. Otherwise, the Developer shall take effective measures such as deletion and disconnection;
      • The design of products shall attach importance to user experience and respect the users' right to know, the right of choice, and the product services shall adhere to the principle of good faith, respect the privacy of users, and such services shall not mislead, cheat or confuse users, nor shall it harass users or produce spams.
    • Specifications for content usage: The Developer shall not engage in any conduct that violates any laws and regulations, nor shall it provide convenience for the following conducts that violate regulations:
      • Publishing, delivering, transmitting, storing contents that violate national laws, endanger national security and unity, stability of the society, public order and good customs, social morality, and contents that are insulting, libellous, obscene, and violent, or other information whose content violates laws and regulations, policies, public order and good customs, social morality, or interferes the normal operation of the Open Platform and infringes legal interests of other users or a third party;
      • Infringing the others' privacy and the right to protect personal information;
      • Opposing the basic principles as confirmed in the Constitution;
      • Jeopardizing the security of the nation, divulging state secrets, subverting state power, or jeopardizing the integrity of the nation's unity;
      • Impairing the honor and interests of the state;
      • Provoking the resentment, discrimination and unity among the nationalities;
      • Disrupting national policies on religion and propagating evil cults and feudal superstitions;
      • Spreading rumors, disturbing social order or disrupting social stability;
      • Spreading obscenity, pornography, gambling, violence, murder, terror, or abetting the commission of a crime;
      • Insulting or defaming third parties, infringing on the legal rights and interests of third parties;
      • Infringing legal rights of third parties, such as the intellectual property right, and business secrets;
      • Fabricating falsehood intentionally, and concealing the truth with the purpose of misleading or deceiving others;
      • Publishing, delivering and transmitting advertisements and spams; and
      • Violating the laws and regulations in any other illegal manner.
    • Specifications for service usage: The Developer shall not engage in (including but not limited to) the following conducts, nor shall it provide support for the following conducts (including but not limited to providing convenience for users of the Developer):
      • The Developer may use the products/services of MEGVII for civil purposes only. Under any circumstance, such products/services shall not be used in any form for any military purpose beyond civil purposes or illegal purposes as listed by the country where the Developer is located or where the Developer's product is used, including but not limited to nuclear weapons, chemical weapons, guided missiles, terrorism or infringing on civil rights.
      • When the Developer uses any product/service of MEGVII overseas, it shall be subject to the limitations and supervision by all the laws, regulations, and policies of the USA, the EU and/or other governmental authorities which supervise the operation of foreign entities. It is prohibited from reselling, exporting or transferring any product/service of MEGVII or any products produced with the products/services of MEGVII to a certain country and a certain person. Without necessary prior approval of MEGVII and competent governmental authorities, the Developer shall not directly or indirectly export any product/service of MEGVII or any technology that contains any product of MEGVII.
      • Deleting, hiding, and altering the display of the Open Platform or any of its patent right, copyright, trademark or other declaration of ownership;
      • Interfering or intending to interfere with the normal operation of any product, any part or function of MEGVII, or preparing, publishing, or transmitting the above-mentioned tool and methods;
      • Avoiding or intending to avoid or claiming it being able to avoid any protective mechanism, or making users believe that it directly interacts with the Face++ Artificial Intelligence Open Platform and relevant products of MEGVII;
      • Using MEGVII URL address and technical interfaces through any approach or applying for such use of the products of third parties without the written consent of MEGVII;
      • Requesting, collecting, demanding or using other methods to obtain the user's account, password or other identity verification proof for logging into MEGVII services without the consent of the user;
      • Automatically directing the browser to other webpages;
      • Unauthorized access to the products or services of MEGVII;
      • Computer viruses, Trojan horses or other malicious programs contained in the applications and any other contents that may endanger MEGVII or the rights and interests of users and terminal information security;
      • Setting up or publishing any function or content that violates relevant laws and regulations, public order and good customs, and social morality;
      • Publicly expressing or implying that there is a cooperative relationship between the Developer and MEGVII, including but not limited to mutual shareholding, commercial intercourse or cooperative relationship, or claiming that MEGVII recognizes the Developer;
      • The filling and submitting of the registered account and the Developer authentication information violates the Agreement, or the application for Developer authentication information is inconsistent with the registration information, and the operation behavior has nothing to do with the identity publicized by the registration or the Developer authentication information;
      • Conducting reverse engineering, disassembling, and decompilation for the Services of MEGVII, or trying to find the source code of the Services by other means.
      • Misleading and deceiving others with the Open Platform;
      • Destroying the normal operation of the Open Platform and deliberately spreading destructive programs such as computer viruses;
      • Using the Open Platform to transmit or spread or otherwise transmit documents containing images, photos, software or other materials protected by the intellectual property right laws, including (but not limited to): copyright, trademark, portrait, privacy or publicity rights, except that the Developer owns or controls the corresponding rights or has obtained the necessary approval from the owner of intellectual property rights;
      • Registering the account with false information or submitting the profile, personal information and other registration data with illegal and harmful information;
      • Sharing the Developer's user account with others, or assist others in any way in scrapping the content on the Open Platform with crawler, spider and other ways;
      • Using other services provided by the Open Platform and MEGVII in any illegal way, for any illegal purpose, or in any way inconsistent with the Agreement; and
      • Other behaviors and contents that MEGVII deems to be inappropriate and impropriety.
      • In case of the breach of the above regulations by the Developer, MEGVII has the right to delete the infringing content, punish the illegal account number, terminate, suspend completely or partially, and restrict users from using the Open Platform of the user at any time without notice. If the Developer finds anyone who violates the Agreement or uses the Open Platform in an improper way, please immediately complain to MEGVII, who will deal with it according to law.
    • The third-party software or technology may be used in the Services, if used, MEGVII undertakes that it has obtained legal authorization. At the same time, MEGVII will present relevant agreements or other documents in accordance with relevant laws and regulations or agreements. The above-mentioned relevant agreements or other documents presented in different ways are an integral part of the Agreement and have the same legal effect as the Agreement, and the Developer shall comply with the requirements of such agreements or other documents. Otherwise, the Developer shall bear all the responsibilities arising therefrom. Any dispute arising from the third-party software or technology used due to the Services shall be settled by a third party.
    • The Developer understands and agrees that the Developer shall be solely responsible for any claim, demand or loss claimed by a third party due to the Developer's violation of the Agreement, and the Developer shall compensate for all loss suffered by MEGVII.
  • Licensing scope of the Services
    • MEGVII authorizes the Developer a service license to use the Open Platform, and such service license is revocable, non-sublicense, non-transferable and non-exclusive.
    • All other rights not expressly authorized by the Agreement are still reserved by MEGVII, and the Developer shall obtain MEGVII's written permission before exercising these rights. MEGVII's failure to exercise any of the foregoing rights shall not constitute a waiver of such rights.
    • The Face++ Artificial Intelligence Open Platform Service provided by MEGVII to the Developer is provided on the basis of "status in quo". MEGVII does not guarantee any merchantability and security of products developed with the Services or based on the Services, nor does it guarantee that products developed with the Services can meet specific purposes or uses.
  • Rules on user data
    • The products of the Developer shall meet the following requirements when users' data is collected, stored and used:
      • The explicit consent of the user must be obtained in advance if the users' data is collected by the products of the Developer, and only the user data necessary for the operation of the product program and the realization of its functions and service purposes shall be collected. At the same time, the user shall be informed of the purpose, scope and usage of relevant data collection so as to protect the user's right to know.
      • After collecting users' data, the Developer is required to take necessary protective measures to prevent user data from being stolen or disclosed.
      • The Developer shall provide users with ways to modify and delete user data, ensure that users are able to delete the data by itself with this way when they request to delete their user data, and relevant data is completely deleted.
    • Without MEGVII's consent, the Developer is not allowed to collect, store, capture, obtain or require users to provide information including but not limited to the Face++ Artificial Intelligence Open Platform, user data and other data that MEGVII considers to be sensitive information with the Services. Besides, the Developer is not allowed to use the aforementioned data legally obtained to create, supplement or maintain their own rational ties or provide such data to their user and client for doing so.
    • Without MEGVII's consent, the Developer is not allowed to use the data obtained from the Services to implement or implement in disguised form any promotion, marketing and advertising.
    • If MEGVII considers that the way the Developer collects and uses user data may damage the user experience, MEGVII has the right to require the Developer to delete relevant data and not to collect and use user data in such way.
    • MEGVII has the right to restrict or prevent the Developer from obtaining user data and the data on the Open Platform.
    • Once the Developer stops using the Services, or stops using the Open Platform, or MEGVII stops the Developer from using the Services for any reason, the Developer shall immediately delete all data (including backups) obtained from the Open Platform and shall not use it in any way.
    • The Developer shall take reasonable and safe technical measures to ensure the security of all the data and other information stored in MEGVII server due to the use of the Services outside the scope of the Services, and shall be fully responsible for the results arising from its action (including but not limited to the installation of software without authorization, adoption of encryption measures or other security measures).
  • Legal liability
    • The Developer undertakes that the Developer's use of the Services and its behavior will not infringe anyone's legitimate rights and interests.
    • The Developer understands and agrees that: (1) If MEGVII discovers that the Developer may infringe upon the legitimate rights and interests of others by itself or based on information from relevant departments or complaints from obligees for the first time or the second time, MEGVII has the right to independently judge whether the Developer infringes upon the legitimate rights and interests of others with common knowledge; if MEGVII judges that the Developer infringes upon the legitimate rights and interests of others; (2) if the Developer uses any technology or product developed with the Services for the purposes prohibited by Article 3.5.4.1 or 3.5.4.2 of the Agreement; (3) it is included in the list of sanctions or entities issued and updated from time to time by the Office of Foreign Assets Control of the US Department of the Treasury and the Bureau of Industry and Security of the US Department of Commerce, MEGVII has the right to unilaterally take one or more of the following measures at any time.
      • Closing the access point of new users and restricting the login of old users for the products of the Developer that infringe upon the legitimate rights and interests of others;
      • Removing the products of the Developer that infringe upon the legitimate rights and interests of others, that is, prevent the products of the Developer from being used on the Open Platform;
      • Investigating the legal liability of the Developer;
      • Announcing the Developer's behavior to the public;
      • Informing relevant regulatory agencies of all information of the Developer known by MEGVII;
      • Taking other disposal measures deemed appropriate by MEGVII. For products of the Developer that infringe upon the legitimate rights and interests of others, assuming that the products of the Developer will no longer infringe upon the legitimate rights and interests of others after modification, the Developer agrees that MEGVII retains the right to remove the modified product of the Developer. At the same time, the Developer may, as deemed necessary, authorize the modified products of the Developer that no longer infringe upon the legitimate rights and interests of others as new products to be accessed to the Open Platform in accordance with the procedures and specifications of the Open Platform.
    • If MEGVII takes any actions or measures against the Developer or the Developer's products due to the Developer's violation of relevant laws in accordance with the above terms, other relevant provisions of the Agreement, the Developer shall be solely responsible for any disputes and responsibilities arising therefrom. If losses are occurred to the Developer, the Developer shall be solely responsible for such losses, and the Developer shall also be solely responsible for such losses if losses are occurred to MEGVII or others.

Rights and Obligations of MEGVII

  • MEGVII will provide services to the Developer based on the service type they have chosen. The Developer understands and agrees that, based on the comprehensive factors such as user experience, operation security of MEGVII or the Open Platform, rule requirements and healthy development of the Platform, MEGVII has the right to choose the service provider or the partner, decide to whom the function opening, data interface and related data is to be disclosed and the corresponding scope, and suspend or terminate the provision of the Services to the Developer or applications if any of the followings occurs (including but not limited to):
    • Violation of laws and regulations or the provisions of the Agreement;
    • Affecting the user experience;
    • The existence of potential hazards;
    • Violation of the operation principle of the Open Platform or failure to meet other management requirements of MEGVII.
  • It is a basic principle of MEGVII to protect the information of the Developer, without the consent of the Developer, MEGVII will not disclose or provide the Developer's information to any company, organization or individual other than MEGVII, except:
    • Such information is provided in accordance with the Agreement or other relevant agreements and rules.
    • Such information is provided in accordance with the provisions of laws and regulations.
    • Such information is provided at the request of the administrative, judicial and other government departments;
    • The Developer agrees that MEGVII provides such information to a third party;
    • Such information is provided for the purpose of solving the reporting incidents and filing lawsuits;
    • Such information is provided for the purpose of taking necessary and reasonable actions to prevent serious violations or suspected criminal acts.
  • Although MEGVII has made great efforts to protect the Developer's information, there is no guarantee that under the existing security technical measures, the Developer's information may be disclosed or stolen due to force majeure or factors not belonged to MEGVII, thus causing losses to the Developer and the Developer agrees that MEGVII can be exempted from liability.
  • MEGVII has the right to develop and operate applications that are similar to or compete with the Developer's applications. At the same time, MEGVII does not guarantee that there will be no applications provided by other Developers that compete with the functions of the Developer's applications on the Open Platform.
  • MEGVII may transfer part or all of its rights and obligations under the Agreement to others. If the Developer does not agree with such transfer of MEGVII, the Developer has the right to stop using the services under the Agreement. Otherwise, the Developer shall be deemed to accept such transfer.
  • The Developer understands and agrees that MEGVII will use all commercially reasonable efforts to ensure the user data storage security for the Developer using the MEGVII Open Platform Service. However, MEGVII cannot fully guarantee in this regard, including but not limited to any of circumstances as follows:
    • In case of the deletion or storage failure of the data of the Developer, MEGVII shall assume no liability;
    • MEGVII has the right to determine the maximum storage period of data for the Developer in using MEGVII Open Platform Service and allocate space for the Developer to store data on servers in accordance with the applicable laws and based on actual conditions. The Developer may back up the Services and related data concerning the Services if necessary.

Liability Exemption

  • The Developer understands and agrees that: In view of the particularity of network services, MEGVII has the right to change, suspend or terminate part or all of the services at any time without notifying the Developer based on the overall operation of the Face++ Artificial Intelligence Open Platform or relevant operation specifications and rules. The Developer agrees to waive the responsibility of MEGVII if any losses are caused therefrom.
  • The Developer understands and agrees that: In order to provide better services to the Developer, MEGVII has the right to repair, maintain and upgrade the platforms or related equipment providing services on a regular or occasional basis. In such situations, the related services may be interrupted or suspended within a reasonable time. The Developer agrees to waive the responsibility of MEGVII if any losses are caused therefrom.
  • The Developer understands and agrees that: The services provided by MEGVII is based on the status quo that can be achieved by existing technologies and conditions. MEGVII will do its best to ensure the continuity and security while providing the Services. However, MEGVII cannot guarantee that the services it provides are flawless, nor can it always foresee and prevent legal, technical and other risks, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, third-party service defects, government actions that may lead to service interruption, data loss and other losses and risks. The Developer also agrees that: Even if the services provided by MEGVII are defective, and such defects are unavoidable with the technical level of the industry at that time, it will not be deemed as MEGVII's breach of contract. At the same time, if the Developer is suffered from losses of data or information, the Developer agrees to waive the liability of MEGVII.
  • The Developer understands and agrees that: During the use of the Services provided by MEGVII, risk factors such as force majeure may be encountered, causing interruption of the Services. Force majeure refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, as well as social events such as wars, turmoil and government actions. In case of the above situation, MEGVII will try its best to cooperate with relevant organization in the first time and repair it in time. The Developer agrees to waive the responsibility of MEGVII if any losses are caused therefrom.
  • The Developer understands and agrees that: The Developer agrees to waive the responsibility of MEGVII if the Developer is suffered from loss due to the service interruption caused by the following situations:
    • Suffering from damages caused by computer viruses, Trojan horses or other malicious programs and hacker attacks;
    • The failure of the Developer or MEGVII's computer software, system, hardware and communication lines;
    • Improper operation of the Developer
    • The Services is used by the Developer in a way that is not authorized by MEGVII;
    • Other circumstances beyond MEGVII's control or reasonably foreseeable.

Suspension or Termination

  • MEGVII has the right to suspend or terminate the provision of the Services to the Developer at any time if the Developer notifies MEGVII in writing that it does not accept the Agreement or any modifications thereto.
  • If the Developer is unable to continue to use the Services of MEGVII or MEGVII is unable to provide the Services due to force majeure, MEGVII has the right to terminate the Agreement at any time.
  • MEGVII has the right to suspend or terminate the provision of the Services to the Developer at any time if other suspension or termination conditions agreed in the Agreement occur or are achieved.
  • MEGVII has the right to suspend or terminate the provision of the Services unilaterally if the Developer uses the Services of the Open Platform after registering directly or indirectly or in the name of another person after MEGVII terminates provision of the Services in accordance with the Agreement due to the Developer's breach of the Agreement.
  • If the Agreement or the Services is terminated for any reason, MEGVII may retain or delete all data in the Developer's account or any information stored in the MEGVII's server by the Developer due to use of the Services, including the data that has not been finalized by the Developer before termination of the Services. MEGVII is not obliged to return any data to the Developer after the Services is stopped, terminated or cancelled.
  • If the Agreement or the Services is terminated for any reason, the Developer shall handle the backup of the data and other information and the related matters with the Developer's users. The Developer shall be responsible for compensation for losses caused by MEGVII.

Notice

  • MEGVII may send rules, notices, prompts and other information about the Services to the Developer by one or more ways of webpage announcement, webpage prompt, e-mail, mobile phone short message, conventional letter delivery, and mail sent by the management system of the Services account registered by the Developer. Once such information is published or sent by MEGVII in any of the above ways, it shall be deemed that the Developer has accepted and agreed such notice, which is binding on the Developer. In case of the disagreement of the Developer, the Developer shall notify MEGVII in writing. Otherwise, the Developer will be deemed to have accepted and agreed such notice.
  • If the Developer fails to receive relevant rules, notices, prompts and other information due to errors in e-mail, mobile phone number, mailing address and other information provided by MEGVII, the Developer agrees that it shall still be deemed to have received relevant information and be bound by it, and all consequences and responsibilities shall be borne by the Developer.
  • The Developer also agrees that MEGVII may send other types of information that may not be relevant to the Services, including but not limited to commercial advertisements, to the Developer's e-mail, and mobile phone number.
  • If the Developer intends to notify MEGVII of any matters, it shall notify MEGVII in writing with the contact information officially announced by the Services.

Intellectual Property Right

  • The intellectual property rights of the information (including but not limited to service results) provided by MEGVII in the Services are owned by MEGVII, except those legally owned by others. Unless otherwise specifically stated, the copyright, patent right, trade secret and other intellectual property rights of the software with which MEGVII provides the Services shall belong to MEGVII. The above and any other intellectual property rights legally owned by MEGVII are protected by law. The Developer is not allowed to use or create related derivative works in any form without MEGVII's written permission.
  • The Developer is only entitled to legally use the Services or related API in accordance with the Agreement. All copyright, patent rights and other related rights related to API of the Services are owned by MEGVII. Without MEGVII's written permission, the Developer is not allowed to use MEGVII's code, API and development tools illegally or at the cost of breach of the contract, and MEGVII's code, API and development tools are also forbidden to be sold, transferred or sublicensed to any organization or individual.

Miscellaneous

  • The agreements or rules in the annexes to the Agreement are also included in the Agreement, and MEGVII may continue to publish other relevant agreements, rules and other contents related to the Services. Once officially released, the same shall be an integral part of the Agreement, and the Developer shall also abide by it. In case of any conflict between the same and the Agreement, the Agreement shall prevail. Upon registration or use of any services under the Agreement, the Developer shall be deemed to have read and agreed to be bound by the Agreement and the above contents. MEGVII has the right to unilaterally modify the Agreement or the above contents when necessary. After relevant contents are changed, if the Developer continues to use the Services, the Developer shall be deemed to have accepted the contents after modification. The Developer shall stop using related services if it does not accept the contents after modification.
  • The Agreement is executed at Haidian District, Beijing, the People's Republic of China.
  • The execution, effectiveness, performance, interpretation and dispute resolution of the Agreement shall be governed by the laws of the Mainland of the People's Republic of China, without regard to its conflicts of laws.
  • Any dispute or controversy between the Developer and MEGVII shall first be settled through friendly negotiation. If the negotiation fails, the Parties agree to submit the disputes or controversies to the people's court with jurisdiction in the place where the Agreement is executed for settlement.
  • The titles of all terms hereof are for convenience of reading only and without actual meaning, and cannot be used as the basis for interpreting the meaning of the Agreement.