User Agreement on ZWSOFT’s Mobile and Cloud Service

Welcome to use mobile and cloud service product of ZWSOFT.

ZWSOFT kindly reminds you that the terms in this agreement are (may be) significantly related to your rights and interests. You should carefully read and fully understand all the terms in this Agreement (if you are under 14 years old, or if you are over 14 years old yet under 18 years old and the labor income is not your main source of income, please read this agreement with your legal guardian), especially the important terms in bold font. Please attach importance to such important terms and make relevant reference. If you believe that the aforesaid important terms may damage part or all of your rights or interests, you should read them again before using this Service, and ensure that you have agreed to the validity of the aforesaid important terms before using this Service.

ZWSOFT’s mobile and cloud service product is Internet software services/software product provided by Guangzhou ZWSOFT CO., LTD. (hereinafter referred to as "ZWSOFT"). This User Agreement (hereinafter referred to as "User Agreement") is the main agreement between you and ZWSOFT regarding your access to and use of mobile and cloud service product and other services provided by ZWSOFT (hereinafter referred to as "Services"). By registering and logging in to mobile and cloud service product of ZWSOFT and/or using the Services provided by ZWSOFT, you agree to the User Agreement. If you disagree with this agreement, please do not use this Service.

ZWSOFT reserves the right to modify and supplement the User Agreement from time to time and will publish it on related websites of ZWSOFT’s mobile and cloud service product. The modification and supplement of the User Agreement will take effect immediately upon publication. Your continued access and use of ZWSOFT's mobile and cloud service product will mean that you accept the revised User Agreement. If you disagree with the revised User Agreement, you should stop accessing ZWSOFT's mobile and cloud service product and refuse to use the service. In case of conflict between User Agreements before and after revision, the latest User Agreement shall prevail.

ZWSOFT may modify and change the charging mode, rate and method of services provided by ZWSOFT according to the actual operation situation, and may also start charging for the service provided by ZWSOFT which is currently free of charge. Before the aforementioned modifications, changes or commencement of charging for services, ZWSOFT will send a notice or make announcement on the corresponding service page, so that you have reasonable time to respond to the changes, suspension or termination of such services. If you disagree with the above modification, change or paid content, you should stop using the corresponding services.

If you register, log in and use the mobile and cloud service product and/or other services of ZWSOFT merely on behalf of an organization, you will be deemed to be fully authorized by the organization to agree to this User Agreement and the User Agreement revised and supplemented from time to time.

You should understand that the service fees paid by you do not include the costs incurred by purchasing software, hardware and bandwidth for using the Services, as well as the related costs incurred by accessing the Internet or mobile network. To use this Service, you shall get your own terminal equipment (such as computers and modems) because you need to use your terminal equipment, bandwidth, and other resources during the use of the Service. You shall pay the related fees to third parties including network operators for using this Service, such as software and hardware purchase fees, bandwidth fee, phone charge and mobile phone SMS fee (if any).

1.  Service

This Service is a collective term for a series of services, such as reading, viewing, creating and editing CAD drawing information data, which are provided based on Internet technology and can be accessed across equipment platforms and clients and can be realized based on Internet storage and cloud.

This Service mainly includes: ZWCAD JavaScript SDK, CAD Pockets and other services that may be launched in the future and included in mobile and cloud services of ZWSOFT. The actual services provided by ZWSOFT shall prevail. ZWSOFT provides users with online editing and viewing services for CAD drawings, thus realizing real-time collaboration and sharing among users through the Internet.

In order to continuously improve the user experience, ZWSOFT will provide users with other services from time to time, and may sign other special agreements with you. However, even if no other special agreement is entered into, when using specific services of ZWSOFT's mobile and cloud service product, you will be deemed to agree to any requirements of ZWSOFT with respect to such specific services. If there is a conflict between other special agreements and these terms, the other special agreements shall prevail only to the extent of such conflict and specific matters related to such agreements.

2.  Registration

In order to access ZWSOFT's mobile and cloud service product and to use services, you agree to the followings: Fill in the accurate and true registered email address, password and phone number as prompted by the official website of product, and ensure the validity and legality of the login email,phone number, name, avatar and other information updated in the future. If you provide any illegal, false or immoral information; or ZWSOFT has the reasons to suspect that your information is a virus program or malicious operation, or if you violate the provisions of this Agreement, ZWSOFT reserves the right to suspend or terminate your account and to prohibit you from using all or any part of the Service now and in the future.

You can register to be a user of ZWSOFT's mobile and cloud services merely through the official website of the product or authorized App stores (including Web and mobile client). Any ZWSOFT ID obtained through other channels other than those mentioned above (including but not limited to account information obtained by purchasing, renting, borrowing or sharing, accounts obtained by malicious use or destruction of the service/product registration system, and accounts obtained by frequently registration or registration in batches) is not guaranteed by ZWSOFT for its legality and normal use. If the account is blocked, seized, canceled or withdrawn as a result, you will be fully responsible for it.

Notwithstanding the foregoing, ZWSOFT is not obligated to assume any responsibility for any registered information of any user, including but not limited to the responsibility of identifying and verifying the authenticity, accuracy, completeness, applicability of registered information and/or whether any registered information is the latest information. ZWSOFT suggests that you properly keep your registered email address, password and name, and the accurate entry of such information will serve as a key part of your access to, login to and enjoying mobile and cloud services of ZWSOFT. If you find that someone is using your account information without authorization or suspect that anyone can access your private content without authorization, you should change your password immediately and give feedback to ZWSOFT. ZWSOFT is not responsible for any loss or damage caused by incorrect information provided by you or your failure to ensure the security of your account information.

If you do not have full civil capacity due to age, intelligence and other factors, you shall obtain the guidance and consent of your parents or other guardians before registering for ZWSOFT ID and logging in to the Service. ZWSOFT expects you to use this Service with the guidance, supervision and consent of your parents and guardians. In addition, ZWSOFT respectfully requests that parents and guardians shall ensure that you only use the Service if you understand your rights and responsibilities as stipulated in this Agreement.

3.  User Specification

You understand and agree that ZWSOFT has been committed to providing users with a civilized and regulated online environment, and you shall not use ZWSOFT's mobile and cloud service product to create, copy or transmit any content that violates Chinese laws and regulations, including but not limited to:

(1) Opposing the basic principles set by Constitution of the People's Republic of China;

(2) Endangering national security, revealing national secrets, subverting national power and undermining national unity;

(3) Infringing national honor and interests;

(4) Inciting national hatred and discrimination and undermining national unity;

(5) Destroying the national religious policy and propagating cults and feudal superstitions;

(6) Spreading rumors, disrupting social order and undermining social stability;

(7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes;

(8) Insulting or slande ring others and infringing on the legitimate rights and interests of others;

(9) Other contents prohibited by laws and administrative regulations.

Unless permitted by law or approved in writing by ZWSOFT, you shall not engage in the following acts during the use of this product:

(1) Delete the information about copyright on the software related to this Service and its copies;

(2) Reverse engineering, reverse assembling, reverse compiling, or otherwise attempting to discover the source code of the software in relation to the Service;

(3) Use, lease, lend, copy, modify, link, reprint, assemble, publish and print the contents with intellectual property rights owned by ZWSOFT;

(4) Copy, modify, add, delete or create any derivative works from the data inherent in the software related to the Service, required in the system and generated during its operation, by the forms of, including but not limited to, accessing the software and related systems via plug-ins, add-ons or third-party tools/services that are not authorized by ZWSOFT;

(5) Increase, delete or change the function or operation effect of the software by modifying or falsifying the instructions and data in the operation of the software related to this Service, or operate or disclose the software and methods used for the above purposes to the public, regardless of whether these acts are for commercial purposes or not;

(6) Log in to or use the software and services related to this Service through third-party software, plug-ins, add-ons and systems that are not developed and authorized by ZWSOFT, or make, publish and share the above tools;

(7) Interfere with the Service-related software and its components, modules and data by yourself or by authorizing others or third-party software;

(8) Other acts without express authorization of ZWSOFT.

This Service is for your own use or the organization you represent, and you have no right to transfer, transfer the license of or sub-license any part or all of this Service to any party other than yourself at any time. In case of any conflict between this term and other terms of this agreement, this term shall prevail.

You warrant that you will not:

(1) Violate this agreement and relevant agreements (if any) attached to other services included in this Service hereof or relevant laws and regulations;

(2) Use this Service for illegal purposes or to promote dangerous activities;

(3) Pretend to be any other person or entity (including but not limited to employees of ZWSOFT), or falsely claiming or misrepresenting your affiliation with ZWSOFT or any other person or entity;

(4) Falsify headers or identifiers in order to conceal the origin of any content transmitted through the unified cloud space service;

(5) Interfere with or obstruct this Service as well as server or network related to this Service, or fail to comply with any requirements, procedures, policies or regulations related to this Service or applicable to the network of this Service;

(6) Collect or store personal data about other users for commercial purposes;

(7) Endanger minors;

(8) If any third party informs ZWSOFT that your use of this Service infringes on its legitimate rights and interests, even if the content published by using this Service may not be finally deemed as illegal by the competent authority or to infringe on the legitimate rights and interests of any third party;

(9) You do not pay any fees related to your use of this Service or other fees;

(10) Other harmful or improper acts as deemed by ZWSOFT.

4.  Copyright

ZWSOFT is the owner of the intellectual property rights of mobile and cloud service product of ZWSOFT. All intellectual property rights such as copyright, patent right, trademark right and trade secret of this product, as well as all information contents related to this product (including but not limited to text, pictures, audio, video, UI design, layout framework and electronic documents) are protected by the laws of People's Republic of China and corresponding international treaties, and ZWSOFT owns the above intellectual property rights, except those that belong to others according to laws.

Without the written consent of ZWSOFT, you are not allowed to personally or authorize a third party to implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purpose, and ZWSOFT reserves the right to pursue legal liabilities for the above acts.

You understand and agree that the texts, pictures, videos, audio and other materials published and uploaded by you when using ZWSOFT’s platforms and related services are originally created by yourself or legally authorized (including sub-authorization). The intellectual property rights of the content that you produce through mobile and cloud service product of ZWSOFT is owned by you or the original copyright owner.

You agree to grant ZWSOFT a non-exclusive and free-of-charge right to collect, use, store, manage and protect the user content generated in the use of this Service on a global scale. ZWSOFT will try its best to use the user content within a reasonable range according to the Privacy Policy, and your authorization and consent of the use of such content does not mean that ZWSOFT will necessarily use the content generated by yourself during the Service, and your authorization and consent will not change your ownership of the user content and its intellectual property rights or affect your legal use of the user content.

5.  User Information Protection and Privacy Policy

ZWSOFT has been always respecting the privacy of users and protecting your personal information. ZWSOFT will take reasonable measures to protect your personal information and privacy when you register and use your account. ZWSOFT promises not to collect or use personal information of users other than that necessary for providing services, and not to use the information for purposes other than providing services unless we have your consent. The followings are exceptions:

(1) You agree or authorize in advance, or you actively share the information with a third party on ZWSOFT's mobile and cloud service product;

(2) Judicial authorities or entitled government agencies or any laws and regulations departmental regulations require ZWSOFT to provide such information;

(3) You violate this Agreement, and ZWSOFT is required to provide it to a third party.

In order to improve the content and technology of ZWSOFT's mobile and cloud service product and enhance the service quality, ZWSOFT has the right to obtain, use, store and share your personal information in an express way on the premise of complying with laws and regulations. ZWSOFT will not disclose, edit or reveal your personal information and the non-public content you save on ZWSOFT’s platform without your authorization. Therefore, you agree and guarantee that ZWSOFT has the right to collect and use your relevant information in accordance with the user information protection rules formulated by ZWSOFT.

In addition to complying with the terms of User Information Protection and Privacy Policy as specifically agreed under this Agreement, ZWSOFT hopes that you will carefully and completely read the privacy policy separately formulated and published by ZWSOFT, which will help protect your personal information.

6.  Data Security

ZWSOFT will try its best to protect your information security, and take reasonable preventive measures such as data transmission, storage and conversion. However, there may be some unknown and uncertain data security risks in the transmission, storage and conversion of Internet data, which will lead to consequences including but not limited to data loss, leakage, damage or failure to read or extract. You acknowledge that you are expressly aware of and agree to accept such risks and consequences arising from the Internet and have taken appropriate measures (such as data backup) to minimize losses in the event of such risks.

ZWSOFT shall not be liable for any Data Security Incidents due to involuntary intentions or ordinary negligence of ZWSOFT, for example, the Internet technology. Data Security Incidents that are caused due to ZWSOFT’s gross negligence will be compensated with up to the service fees that ZWSOFT has charged you.

7.  Advertising

ZWSOFT's mobile and cloud service product may contain advertisements, which is a reasonable and legal business model of ZWSOFT and its affiliates. You agree to receive advertising information or other information (including commercial and non-commercial information) published by ZWSOFT and its affiliates or its third-party partners during the use of ZWSOFT's mobile and cloud service product. The specific sending and display form and the frequency and content of information shall be subject to the actual ads of ZWSOFT.

Any form of communication or commercial transactions or participation in promotional activities among you, advertisers and other third parties through ZWSOFT's mobile and cloud service product (including payment and delivery of related goods or services), and any other related terms, conditions, warranties or statements agreed upon, are solely the acts among you, advertisers and other third parties. You shall judge the authenticity of the advertising information by yourself and be responsible for your own judgment. Except as expressly provided by law, ZWSOFT shall not be liable for any loss or damage of any nature suffered by you because of any of the aforementioned transactions or the aforementioned advertisers and other third parties.

8.  Disclaimer

Your registration as a user of mobile and cloud service product of ZWSOFT means that you have reached an agreement with ZWSOFT and fully accept all terms under this User Agreement. ZWSOFT reserves the right to interpret, modify and update the disclaimer.

(1) ZWSOFT does not assume any legal responsibility for any personal information leakage caused by your acts of informing others of the user password or sharing the registered account with others, or for the personal information leakage not caused by ZWSOFT;

(2) If any unauthorized third party uses your personal information according to the conditions listed in the ZWSOFT User Agreement and Statement, ZWSOFT does not assume any legal responsibility or joint liability for the disputes arising therefrom;

(3) In case of any temporary website closure caused by hacker attack, computer virus intrusion or government control, ZWSOFT does not assume any legal responsibility;

(4) If you transmit or upload content that obviously violates the legitimate rights and interests of others through ZWSOFT’s mobile and cloud service product, ZWSOFT has the right to delete it and reserves the right to transfer it to judicial authorities for processing;

(5) You own copyright and other related rights for your own legal works;

(6) The Internet is an open platform. If you upload pictures and other materials to the Internet, they may be copied, reproduced, altered or used for other illegal purposes by other organizations or individuals. You must be fully aware of the existence of such risks. You expressly agree that the risk of using ZWSOFT’s service will be entirely borne by yourself. All consequences arising from your use of such Services are also borne by yourself. ZWSOFT does not assume any responsibility in this regard.

9.  Service Change/Interruption/Termination

If it is necessary to suspend the network service or adjust the service function due to the system maintenance or upgrade, ZWSOFT will make an announcement on the website as early as possible.

In case of any of the following circumstances, ZWSOFT may stop providing you with the services under this Agreement, and ZWSOFT will make an announcement on the website as early as possible:

(1) In case of periodic inspection or construction or updating hardware and software, ZWSOFT will suspend the service but will complete the maintenance and updating as soon as possible;

(2) The server is damaged and fails to operate normally;

(3) Sudden failure of software and hardware equipment and electronic communication equipment;

(4) Network provider lines failure or other failures;

(5) Safeguard national security or the personal safety of other third parties in case of emergency;

(6) ZWSOFT's compliance with the orders or requirements of government agencies;

(7) Force majeure and other third-party reasons

In case of any of the following circumstances, ZWSOFT has the right to unilaterally suspend or terminate the service provided to you without notice:

(1) The personal data provided by you is untrue;

(2) You violate the usage rules as stipulated in this agreement;

(3) ZWSOFT suspects that you have illegal behaviors or acts that infringe the legitimate rights and interests of a third party or behaviors that may hold ZWSOFT accountable, or ZWSOFT has received complaints of intellectual property infringement from a third party.

If and only if ZWSOFT, in its sole discretion, terminates the operation of one or more separately charged services in the Service, ZWSOFT will refund the remaining service fees to you through bank transfer for the part (if any) of such separately charged services that you have subscribed to but have not used.

In any case except the foregoing, ZWSOFT does not need to refund any service fees to you. In case of any conflict between this term and other terms of this Agreement, this term shall prevail.

ZWSOFT will give you a period of 30 business days to apply for a refund of the part of the Service that you have subscribed to but have not used. You acknowledge the reasonableness of the aforementioned refund period and shall apply for refund within the aforementioned period in accordance with the specific policy released by ZWSOFT at that time. If the refund application submitted by you (subject to the specific policies released by ZWSOFT at that time) fails to reach the address designated by ZWSOFT within the aforementioned period of application, it shall be deemed that you have automatically waived the right to apply for refund, and ZWSOFT shall have the right to refuse to make the refund.

10.  Special Agreement

Considering the uncertainty of Internet services and frequent iterative updates of ZWSOFT's mobile and cloud service product, in order to define the rights and obligations between you and ZWSOFT more comprehensively, this Agreement includes other policies, rules and announcements formulated by ZWSOFT according to laws and regulations and this Agreement.

Unless otherwise expressly provided in this Agreement, any new functions that are added or enhanced by ZWSOFT’s mobile and cloud service product, including new product launched, will be bound by this Agreement.

If ZWSOFT fails to exercise or implement any rights or provisions in this Agreement, it shall not constitute a waiver of the aforesaid rights or rights.

The titles of all terms in this agreement are for reading convenience only, and have no actual meaning, which cannot be used as the basis for interpreting the connotation of this Agreement.

If any term in this agreement is totally or partially invalid or unenforceable for any reason, the remaining terms of this Agreement will remain valid and binding.

The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China where the server is located.

This agreement is signed in Guangzhou, People's Republic of China. If there is any dispute between you and ZWSOFT, it shall be settled through friendly negotiation. If negotiation fails, you agree to submit the dispute to Tianhe District’s People's Court in Guangzhou for jurisdiction.

All notices from ZWSOFT to you may be made by web page announcement, email, text message, or mail (the contact information is subject to what you reserved on the platform). Such notices shall be deemed to have been delivered to the recipient on the date of sending.

Updated on January 15, 2021