NOTICE

This Terms of Use aims ONLY FOR THE BUSINESS ENTITIES who are using Envision Digital’s EnOS Service, or other Services provided to business entities. These BUSINESS ENTITIES AND THEIR EMPLOYEES OR AGENTS WHO USE SERVICE OFFERINGS (as defined in the Terms of Use) provided by Envision Digital SHALL READ THIS DOCUMENT CAREFULLY.

Terms of Use

Last Updated: June, 2020

Dear Customer:

Thank you for your support for our “Service Offerings” (defined below) provided by Envision Digital and its Affiliate (hereinafter collectively referred to as “Envision Digital” or “We”). This Terms of Use is an effective agreement between Envision Digital and all entities (hereinafter collectively referred to as “You” or “Customer”) who are using Service Offerings, for the use of the Service Offerings and other related services. If Envision Digital enters into an agreement with a relevant party (for example, the entity that you are employed by or representing for) in respect of Service Offerings (such as the Master Services and License Agreement, or Developer Agreement, if applicable), such agreement is still valid and binding upon the parties thereto.

Before registration and use of the Service Offerings, you must fully agree to this Terms of Use of the Service Offerings and the entire contents of the Privacy Policy.

If our Affiliates’ products or services use the products or services provided by Envision Digital, with no separate Terms of Use or Privacy Policy available, these Terms of Use or Privacy Policy shall apply to such products or services.

Definition

Service Offerings

Confirmation and Acceptance of Terms of this Agreement

Ownership and Intellectual Property Rights

The Rules for the Use of the Service Offerings

Service Interruption or Termination

Privacy Protection

Disclaimer

Force Majeure

Applicable Law and Dispute Resolution

Contact Us

Definition

Customer or You means a natural person or an individual authorized by its organization who agrees and complies with this agreement, completes all registration procedures of the Service Offerings, and has the login account and password of the Service Offerings confirmed by Envision Digital.

Customer Information means Customer Registration Information and other information that is submitted by the Customer or generated during Customer’s use of the Service Offerings.

Customer Registration Information means the information submitted or filled in by the Customer when registering to the Service Offerings, including any subsequent modification of the above information after authentication.

Customer Instruction means the specific instruction put forward by the Customer to Envision Digital in the form of data message regarding the Customer Service of the Service Offerings in accordance with the agreed manner, unless otherwise stated herein.

Service Offerings means the software and services operated and maintained by Envision Digital, including Envision Digital website, Envision Digital online services, and various software applications (including Web, iOS, Android and other application versions), and solutions and services provided by Envision Digital. Unless otherwise specified, This Terms of Use applies to all Service Offerings.

Envision Digital means Envision Digital International Pte. Ltd. And its Affiliates. Affiliate of a Party means any entity, whether incorporated or not, that is Controlled by, Controls, or is under common Control with such Party.  Control means the ability, whether directly or indirectly, to direct the affairs of another by means of ownership, contract or otherwise.

Customer Service means the service provided through Service Offerings.

Service Offerings

You need to have an account of Envision Digital to access or use the Service Offerings. The Envision Digital account is the only user account for you to access all Envision Digital services.

Customer Service provided by Envision Digital include:

  • Envision Digital website;
  • Envision Digital online services, including EnOS Cloud and Edge products and services;
  • Software applications (application of monitoring, analysis, forecasting, etc.);
  • Solutions and services (Smart Renewables, Smart City, Smart Plant, etc.) provided by Envision Digital.

Envision Digital has the right to adjust the specific content of Customer Service according to the actual situation.

Confirmation and Acceptance of Terms of this Agreement

Subject to the applicable law, Envision Digital reserves the right to amend and interpret all contents of this agreement and the service related to the Service Offerings.

We hereby remind you to read this agreement carefully before you register or log in the Service Offerings. If you have any objection to any provision of this agreement, you may choose not to register or log in as a Customer of the Service Offerings. This agreement shall come into effect once it is published. Envision Digital reserves the right to modify the agreement from time to time. The modified results can be published in the Service Offerings, and you can also be notified by Email, mobile phone and other appropriate ways. If you do not agree with Envision Digital’s amendments to the terms of this agreement, you have the right to discontinue your use of the Service Offerings. If you continue to use, you are deemed to accept the amendments made by Envision Digital to the relevant terms of this agreement.

When you click upon the button You have read and agree to the Terms of Use” or register to or log in the Service offerings for the first time, you shall be deemed to have carefully read all the terms of this agreement and agree to accept all the terms of this agreement, including the right to accept any modification of the terms of this agreement from time to time. The Privacy Policy is an indivisible part of the Terms of Use of the Service Offerings. Once you agree to this Terms of Use, you have accepted all provisions in this Privacy Policy. Terms not defined in this Terms of Use shall have the same meaning as in the Privacy Policy.

We reserve the right to change, upgrade, modify and transfer the Service Offerings and its related functions at any time in our sole discretion. We further reserve the right to develop new functions in the Software. Unless otherwise stated in the Service Offerings, this agreement shall extend to apply to the provision of all new functional software services.

Ownership and Intellectual Property Rights

All intellectual property rights and operation rights of the Service Offerings shall belong to Envision Digital. Customer shall not reverse engineer, decompile or disassemble the Service Offerings, or otherwise discover its source code, or carry out any suspected infringement of Envision Digital’s intellectual property rights without Envision Digital’s permission.

Envision Digital retains full and indivisible ownership and intellectual property rights in the following contents and information:

  • the Service Offerings and all its elements, including but not limited to all contents, data, technology, software, code, user interface and any derivative works related thereto, except contents uploaded and disseminated by the Customer;
  • any information and feedback provided by the Customer to us in connection with the Service Offerings.
    Without Envision Digital’s written consent, the above materials may not be released, played, disseminated or redistributed, or used for any other commercial purpose, directly or indirectly, in any media.

Envision Digital will provide Customer Service in accordance with this agreement and relevant operating procedures. Envision Digital represents the legitimacy of the services we provide and will use reasonable efforts to maintain the normal operation of the entire Software Offerings on the basis of the current technology and strive to upgrade and improve the technology so that the Customer Service can be carried out smoothly.

We only provide the service related to Customer Service. As for the equipment related to the Customer Service (such as personal computers, mobile phones, IOT devices, etc.) and the required fees (such as fees paid for access to the Internet) shall be borne by yourself.

The Rules for the Use of the Service Offerings

Authenticity of Customer Information: Customer shall guarantee the authenticity, correctness and completeness of the information submitted during the registration and use of the Software. If the Customer Information changes, the Customer shall modify it in time. Envision Digital cannot and will not be responsible for any loss or damage caused by the Customer Information you submitted which is not true or inaccurate, or because your information is not updated in time, or because you lost your ID and password. If you provide any incorrect, inaccurate, outdated or incomplete Customer Information that is known to Envision Digital, Envision Digital reserves the right to suspend or terminate your account and to reject your current or future use of the Service Offerings in whole or in part, without any refund of the fees collected.

We reserve the right to audit the Customer’s Registration Information and related operations. If any problems or doubts are found in the above information, we have the right to ask the Customer to correct them or directly delete the Customer’s account.

The customer shall not abuse the service content of the Service Offerings. The account of the Service Offerings shall only be used by the Customer, and shall not be provided to any third party for free or for compensation. The Customer login account and password are the customer’s only identity certificate in the Service Offerings. In order to enjoy the Customer Service provided by the Service Offerings, you must enter the correct customer login account and password according to the corresponding service requirements. You should take care of your Customer login account and password, which can be changed. We shall not be liable for the loss, or theft of the Customer’s login account password caused by any reason other than Envision Digital. If you find your login account and password leaked, please contact us or your OU administrator (i.e., the grantor of your account, normally the entity that you are employed by or representing for) immediately.

When enjoy the services provided by the Service Offerings, you must abide by the following rules:

  • comply with any applicable laws and regulations;
  • shall not use the services provided by the Service Offerings for any illegal purposes;
  • comply with all network protocol provisions and procedures related to network services;
  • shall not conduct the sale, resale or reproduction of the license of the Service Offerings granted by us;
  • shall not copy or imitate our products and services for commercial purposes;
  • shall not copy or imitate Envision Digital and the Service Offerings’ design concepts, interface functions, charts, documents, software trademarks, FLASH, design patterns, audio and video, photography, animation, art, and any other intellectual property rights of Envision Digital, such as patents, copyrights, trademarks;
  • shall not conduct any modification, manufacture, or derivation of any other paid or unpaid products or services based on the services provided by the Service Offerings or its contents, without the permission of the Envision Digital;
  • shall not upload, publish, transmit any information that violates national laws, regulations and relevant policies, while using the Service Offerings provided by us;
  • shall not send and store scripts and programs containing virus, worm, Trojan horse, and other harmful computer code files;
  • shall not use the Service Offerings for any behavior that may adversely affect the normal operation of the mobile Internet;
  • shall not use the Service Offerings to transmit any illegal, harmful, threatening, harassing, infringing, vulgar, defamation, obscenity, privacy infringement, racial discrimination, or other offensive contents, including but not limited to words, software, music, photos, graphics, video or other contents;
  • shall not endanger minors in any way;
  • shall not pretend to be any person or organization, or make false statements in a false way so as to cause people to believe that they are related to any person or organization.

The Customer undertakes that all consequences caused by its activities through the Service Offerings service shall be borne by the Customer. If during the period of Customer’s using of our Service Offerings, because of any service related content violated the legitimate rights and interests of a third party (including but not limited to patent right, trademark right, copyright, reputation, privacy and personal information etc.) or violated the relevant laws, regulations, causing Envision Digital or our partners facing any complaints and reports, inquiries, claims or similar proceedings, or any direct or indirect loss of reputation or property, the Customer shall actively take all possible measures to ensure that Envision Digital and our partners will not be affected by such claims or lawsuits. The Customer shall be liable for all the direct and indirect economic losses suffered by Envision Digital and our partners, including but not limited to the attorney’s fees, legal costs incurred in claiming the losses.

We may make Previews available. Previews are provided “as-is”, “with all faults “, and “as-available ” and are excluded from any SLA. Previews will not be covered by customer support. Previews may not be fully internationalized. We only provide limited documentation for Previews, and the documentation may be subject to change. Unless required by law, Previews will be subject to no security, compliance, and privacy commitments. Customers should not use Previews to process Personal Data or other data that is subject to heightened compliance requirements. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into “General Availability”.

Service Interruption or Termination

Envision Digital may suspend network services due to system maintenance or upgrade requirements. We will notify the Customers as far in advance as possible.

We reserve the right to determine whether your behavior conforms to the relevant requirements of the Service Offerings. In case of the following situations (including but not limited to), we have the right to unilaterally terminate the Customer Service provided to you without prior notice. In addition, if any loss is caused to the Service Offerings, you shall also be liable for compensation:

  • the registration information provided by the Customer is not true;
  • Customer violates the rules for the use of the Software set forth in this agreement.

Customer can deregister the account of the Service Offerings by contacting the OU administrator. This agreement will terminate when the Customer completes the Software deregister procedure. After you deregister your account, we will stop providing you with products and services through your account and delete your relevant personal information, provided that deletion is not otherwise stipulated by special legal requirements.

Unless otherwise agreed, the termination of this agreement shall not mean the cancellation of outstanding Customer Instructions prior to the termination, nor shall it eliminate the legal consequences arising from the transaction prior to termination.

We reserve the right to interrupt or terminate part or all of the Customer Service at any time without prior notice to the Customer. We shall not be liable to the Customer or any third party for any loss caused by the interruption or termination of all services. You are aware that any information you store in the Service Offerings may not be recovered once the Service Offerings is cancelled or terminated.

Privacy Protection

We fully respect the protection of your personal information. Since the entity that you are employed by or representing for is the data controller for your personal information, it is principally responsible for the protection of your personal information. Envision Digital, as the data processor, will act according to the data controller’s instruction and relevant agreements between both parties.
Our Privacy Policy describes how we collect, process, store, transfer and protect your personal information, as well as how you access and control your personal information.

We will not disclose to the public or to third parties the personal information stored by you in the Service Offerings, unless such disclosure is permitted pursuant to the Privacy Policy.

Information, including but not limited to Company name, Company ID number, Country and Address of the Company, Industry of the Company, Company contact person (the contact person will be the owner of the tenant space on the platform), which is provided by relevant Developers, System Integrators, Technology Ecological Partners (through their employees or agents) to Envision Digital’s EnOS Cloud and Edge products and services, is necessary for the performance of the relevant agreements(such as the Master Services and License Agreement, or Developer Agreement, if applicable). The aforesaid information is not personal information but business information which is essential to fulfill the contract , and it is not subject to the Privacy Policy. Envision Digital recommends that Developers, System Integrators, Technology Ecological Partners only provide (through their employees or agents) business emails or telephone numbers instead of personal contact information. Without Developers, System Integrators, Technology Ecological Partners’ consent or instruction, we will not access or process their content data for any purpose, except such activities are required by applicable laws or regulations. Developers, System Integrators, Technology Ecological Partners are solely liable for any disputes arising from the relevant products and services and any consequences of their breach of applicable laws, regulations or these Terms, with Envision Digital unencumbered by any claims. If their misconduct affects our or any third party’s rights and interests, these entities shall bear full responsibility and be liable for all damages as a result.

Disclaimer

We try our best to provide high-quality services to you, but due to the particularity of network services, we cannot guarantee that Customer Service will meet your requirements, nor can we guarantee that Customer Service will not be interrupted.

The information provided by the Service Offerings is for reference only and may not contain the latest information related to our business.

The Customer expressly agrees that the risk of using the Service Offerings shall be solely borne by the Customer. The Customer shall also bear all the consequences arising from its use of the Service Offerings.

Subject to the applicable law, all the parties of this agreement hereby surrender their right to bring any claim against the other party to recover any losses resulted from loss and/or damage of data (regardless of whether it is a personal information), and any claim seeking indirect, incidental, special, consequential losses, such as loss of profits, loss of business reputation, or other tangible or intangible losses.

Force Majeure

Envision Digital will not be liable for any delay or failure to perform any obligation under this agreement where the delay or failure results from any cause beyond our reasonable control, including hacker attack, government control or network communication paralysis, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. The parties shall, in accordance with the extent to which the performance of this agreement is affected by force majeure, negotiate to decide whether to terminate this agreement, to perform partially of this agreement, or to postpone the performance of this agreement.

Applicable Law and Dispute Resolution

The execution, performance, and interpretation of this agreement and the settlement of disputes shall be governed by the laws of the Republic of Singapore apply to the contractual relationship of the Parties, and the UN Convention for the international Sale of Goods is excluded. In case of any dispute between the parties concerning the content of this agreement or its implementation, the parties shall try their best to settle it through friendly negotiation. If no agreement can be reached through negotiation, any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore.

Both parties confirm that if some provisions of this agreement are invalid due to violation of legal requirements, other provisions of this agreement shall remain valid.

Contact Us

If you have any questions about this agreement or any aspect of services, you can contact us through the following methods. We will give you feedback as soon as possible after verifying your identity.

Email: legalinquiry@envision-digital.com