Legal & terms

1. DEFINITIONS

Unless otherwise agreed in this Agreement, the following terms shall have the meanings set forth below:

1.1. “Application”

“Application” means any application and related service developed by the Developer or lawfully authorized to the Developer by the rights holder to provide various services to users, including without limitation existing services such as tool services, e-commerce services, video or music services, and various services that may arise in the future as the platform’s business expands.

1.2. “You” or “Developer”

“You” or “Developer” means a natural person, legal person, or unincorporated organization that, after valid registration and application, connects applications, websites, or other properties in which it has corresponding rights to the Realsee Open Platform, uses development resources provided by the Realsee Open Platform, including the basic development environment, SDK interfaces, and front-end windows, designs, develops, or creates applications or online services in its own name, and provides various services to users. The Developer may also be referred to as “you.” The Developer may use the Services only after reading and accepting all terms of this Agreement, the Realsee Privacy Policy, the Realsee User Service Agreement, and other relevant agreements and rules.

1.3. “Realsee Open Platform”

“Realsee Open Platform” means the Realsee Open Platform owned, controlled, and operated by Realsee, as well as other open platforms or websites to be launched in the future, their subordinate pages, relevant product clients, and similar properties, hereinafter referred to as the “Open Platform” or the “Platform.” With respect to the positioning and legal role of the Open Platform, Realsee and the Developer agree and understand that:

1.3.1. Realsee is a neutral platform technology service provider, which only provides Developers with neutral network services or technical support services such as development service interfaces, SDKs, and links, for Developers to independently develop, publish, operate, and promote Developer Products. Realsee also has the right, based on factors such as the lawful and orderly operation and healthy development of the Open Platform, to select the Developers that may access and use the Open Platform.

1.3.2. Developer Products shall be independently developed and independently operated by the Developer, and the Developer shall independently assume all responsibilities therefor. Realsee does not and cannot participate in any activities such as the research and development or operation of Developer Products, nor will Realsee modify, edit, or arrange Developer Products in any way.

1.3.3. Any dispute or liability arising from Developer Products, and any consequences arising from the Developer’s violation of applicable laws and regulations or this Agreement, shall be independently borne by the Developer, and the Developer shall compensate for the losses incurred. If the foregoing acts infringe upon the rights and interests of Realsee or any other person, the Developer shall independently assume all liabilities and compensate all losses.

1.4. “Application Programming Interface”

“Application Programming Interface,” abbreviated as API, means certain pre-defined functions that provide applications and developers with the ability to access a set of routines based on certain software or hardware, without the need to access program source code or understand the internal working mechanism.

1.5. “User”

“User” means any natural person who directly or indirectly uses Developer Products.

1.6. “User Data”

“User Data” means data relating to Users generated in Developer Products, including without limitation data submitted by Users, data concerning Users’ operational behaviors, and various transaction and business data. The relevant lawful rights in User Data belong to you and also constitute Realsee’s confidential business information. We will take necessary measures to protect User Data from being obtained by irrelevant third parties and to maintain its relative security. However, you shall independently assume all responsibilities for the legality of the source of User Data, the legality and compliance of data processing, and the results of data processing. Where personal information is involved, you shall also satisfy the requirements under applicable personal information protection laws as a personal information processor. Subject to satisfying legal requirements or obtaining User consent, you agree that we may use User Data within the Realsee Open Platform in a reasonable manner consistent with this Agreement.

1.7. “Developer Product”

“Developer Product” means any application, website, or related service that integrates any product or service of the Realsee Open Platform, or that is developed or provided to Users by using any product or service of the Realsee Open Platform. Where Users use or accept services provided by Developer Products, the product service agreement, privacy policy, and relevant rules provided by the Developer shall apply.

1.8. “Open Platform Operation Data”

“Open Platform Operation Data” means relevant data generated by Users and Developers on the Open Platform, in applications, or otherwise, including without limitation data submitted by Developers, data generated from Developers’ operational behaviors, and various transaction and business data. The ownership and other relevant rights in Open Platform Operation Data belong to Realsee, and such data constitutes Realsee’s trade secrets, except for relevant rights lawfully enjoyed by Users.

1.9. “Applicable Laws”

“Applicable Laws” means all laws, regulations, regulatory rules, governmental orders, sanctions, export control requirements, data protection and privacy laws, cybersecurity laws, consumer protection laws, and industry rules that are applicable to Realsee, you, the Services, Developer Products, User Data, Open Platform Operation Data, or the relevant territory or scenario.

1.10. “Territory”

“Territory” means the countries or regions where Realsee makes the Services available to you, or where you access or use the Services or offer Developer Products, subject to this Agreement, any applicable service page, documentation, order, or Realsee’s applicable restrictions from time to time.

2. RIGHTS AND OBLIGATIONS OF THE DEVELOPER

2.1. You shall register a developer account (hereinafter referred to as the “Account”) by logging in to the Open Platform website or through other channels designated by Realsee in order to become a Developer. The Developer Account may not be transferred, gifted, or inherited. You undertake to properly safeguard the username and password of the Account, not to lend the Account to others for use, not to use the Account to conduct profit-making activities without Realsee’s consent, and to assume all responsibilities for all activities and events conducted in your name. You shall not use the Account for any other purpose in violation of this Agreement; otherwise, Realsee shall have the right to unilaterally restrict, suspend, or terminate the provision of the Services to you at any time, and you may not use the Services again without Realsee’s consent. All losses and consequences arising from the loss or leakage of the Account credentials, password, or similar information due to your improper confidentiality measures or other acts shall be borne by you.

2.2. You represent and warrant that you possess the relevant lawful qualifications, or have passed the review and approval of relevant governmental authorities, for using the Services, accessing and operating Developer Products, providing relevant services, and engaging in other relevant activities; that the entity qualification materials, relevant qualifications or certificates, and any other documents and information provided by you are true, accurate, and complete, and will be promptly updated after any change occurs; that you have the capacity to perform your obligations and engage in various acts under this Agreement; and that your performance of relevant obligations and engagement in relevant acts do not violate any legal document binding upon you. Otherwise, you shall not use the relevant services provided by Realsee, and shall independently assume all liabilities arising therefrom and compensate all losses caused to Users and Realsee.

2.3. You undertake that Developer Products shall, in the process of providing services to Users, at least comply with the following requirements:

2.3.1. Developer Products shall be truthful, lawful, accurate, and complete, and shall not contain any obscene, pornographic, immoral, fraudulent, defamatory (including commercially defamatory), unlawfully threatening, or unlawfully harassing content.

2.3.2. Developer Products, their relevant services, and the relevant information, content, and other materials published therein shall not violate applicable laws, regulations, policies, this Agreement, or relevant agreements, rules, or similar requirements, and shall not infringe upon the lawful rights and interests of any person. You shall be solely responsible for content generated by Users through their use of relevant services in Developer Products, including without limitation posts, messages, comments, and names, and shall ensure that such content does not violate applicable laws, regulations, policies, or public order and good morals. Otherwise, you shall promptly take effective measures such as deletion, disconnection, or other actions. If Realsee suffers any loss, becomes subject to any third-party claim, or is subject to any penalty imposed by any regulatory authority due to a Developer Product being unlawful or violating this Agreement, the Developer shall compensate Realsee for the losses suffered thereby, including indirect losses and dispute resolution expenses.

2.3.3. Developer Products shall not contain any type of malicious computer program, virus, or other content that may harm Realsee’s or Users’ rights and interests or the security of terminal information, or be found to contain vulnerabilities that may result in the implantation of trojans or phishing webpages. Developer Products shall not interfere or attempt to interfere in any manner with the normal operation of the Open Platform, the Services, or products of other developers.

2.3.4. Developer Products shall comply with applicable laws and regulations, technical specifications or standards, and similar requirements, and you shall own all intellectual property rights in Developer Products or have obtained lawful authorization.

2.3.5. You shall not promote or provide, within Developer Products, any page display or link relating to any goods, services, or content that is unlawful, non-compliant, or harmful to public order and good morals.

2.3.6. The design of Developer Products shall attach importance to user experience and respect Users’ rights to know and to choose. Services shall adhere to the principle of good faith, shall not mislead, defraud, or confuse Users, shall respect Users’ privacy, shall not harass Users, and shall not generate spam information.

2.3.7. Before a User first uses a Developer Product, you shall provide the User with a user service agreement, privacy policy, cookie notice, and other notices or disclosures required by Applicable Laws for that product. Such user service agreement shall clearly state that Realsee only provides certain specific technical services in the operation of the application, that the application and relevant services are provided by you to Users, and that you bear full responsibility to Users. Such privacy policy shall accurately disclose, in a manner required by Applicable Laws, the categories of personal data or personal information processed, purposes and legal bases of processing, retention periods or retention criteria, recipients or categories of recipients, cross-border transfers, user rights and their exercise channels, contact information, and other legally required matters. If, in the process where Realsee and you provide services to Users through the Developer Product, Realsee and you constitute joint processors of Users’ personal information, you shall clearly disclose in the privacy policy Realsee’s corporate entity name, contact information, the method, purpose, and scope of personal information processing, the Privacy Policy, and other content required by Applicable Laws. If, in the process where Realsee and you provide services to Users through the Developer Product, Realsee constitutes a recipient of shared Users’ personal information, in addition to the foregoing requirements, you shall also be obliged to obtain Users’ separate consent or other lawful basis in accordance with applicable legal requirements, and to perform statutory obligations such as conducting a personal information protection impact assessment.

2.3.8. You shall provide complaint channels in Developer Products for relevant rights holders, ensuring that rights holders may assert claims against you when they believe that you have infringed upon their lawful rights and interests.

2.3.9. You shall be responsible for the creation, development, editing, processing, modification, testing, operation, maintenance, and other work relating to Developer Products, and shall bear the corresponding costs.

2.4. On the basis of complying with Chapter V “User Rights and Code of Conduct” of the Realsee Terms of Service, you shall not engage in any unlawful conduct including without limitation the following, nor provide facilitation for such unlawful conduct, including without limitation facilitation for Users’ unlawful conduct:

2.4.1. Conduct that endangers national security, divulges state secrets, subverts state power, or undermines national unity;

2.4.2. Conduct that harms national honor and interests;

2.4.3. Conduct that incites ethnic hatred or ethnic discrimination or undermines ethnic unity;

2.4.4. Conduct that undermines the state’s religious policies or promotes cults or feudal superstition;

2.4.5. Conduct that spreads rumors, disturbs social order, or undermines social stability;

2.4.6. Conduct that disseminates obscenity, pornography, gambling, violence, homicide, terrorism, or instigates crimes;

2.4.7. Conduct that insults or defames others or infringes upon others’ lawful rights and interests;

2.4.8. Conduct involving money laundering, theft of personal data, infringement of intellectual property rights, trade secrets, or other lawful rights;

2.4.9. Conduct that maliciously fabricates facts or conceals the truth to mislead or deceive others;

2.4.10. Publishing, transmitting, or disseminating spam information;

2.4.11. Other conduct prohibited by laws and regulations.

2.5. You shall not engage in any conduct that may infringe upon the lawful interests of the Realsee Open Platform or any other third party, including without limitation the following, nor provide facilitation for such conduct, including without limitation facilitation for Users’ conduct:

2.5.1. Deleting, concealing, or altering any patent, copyright, trademark, or other proprietary notice displayed on or contained in the Open Platform;

2.5.2. Modifying or deleting the basic environment, SDK interfaces, or front-end windows provided by Realsee, or interfering or attempting to interfere in any manner with the normal operation of any product, part, or function of the Realsee Open Platform, or producing, publishing, or disseminating the foregoing tools, methods, or similar materials;

2.5.3. Accessing or using Realsee URL addresses, technical interfaces, or similar resources in any unauthorized manner;

2.5.4. Exploiting vulnerabilities of the Open Platform to conduct malicious acts, including without limitation publishing unlawful or non-compliant information, maliciously hijacking User information, bundling software installation, or defrauding Users;

2.5.5. Engaging in tracking activities without User consent, including without limitation identifying Users’ viewing, clicking, or other operational behaviors, or engaging in any conduct that infringes upon Users’ privacy;

2.5.6. Other conduct or content that Realsee considers should not occur or is inappropriate.

2.6. All rights in Realsee Open Platform Operation Data belong to Realsee, and such data constitutes Realsee’s trade secrets, except for relevant rights lawfully enjoyed by Users, such as Users’ personal information. Without Realsee’s prior written consent, you shall not use the foregoing data for any purpose other than those agreed in this Agreement, nor provide the foregoing data to others in any form. Once you stop using the Open Platform, or once Realsee terminates your use of the Services for any reason, you must immediately delete all data obtained from the Open Platform, including all backups, and shall not use such data again in any manner.

2.7. You shall independently adopt reasonable and secure technical measures with respect to various data and information stored on Realsee’s servers due to your use of the Services, including without limitation User Data, to ensure their security, and shall assume full responsibility for the consequences arising from your own acts, including without limitation independently transferring and storing data, installing software, adopting encryption measures, or implementing other security measures.

2.8. Realsee reserves the right to delete any information or content on the Open Platform that does not comply with laws and relevant policy requirements or is untrue, without notice to the Developer or Users.

2.9. Third-party software or technologies may be used in the Services. If such software or technologies are used, Realsee warrants that it has obtained lawful authorization. At the same time, Realsee will display the relevant agreements or other documents in accordance with applicable laws and regulations or agreements. The relevant agreements or other documents displayed in various forms shall constitute an integral part of this Agreement and shall have the same legal effect as this Agreement, and you shall comply with such requirements. Otherwise, all liabilities arising therefrom shall be borne by you. Any dispute arising from your use of third-party software or technologies in connection with the Services shall be resolved through negotiation between you and the relevant third party.

2.10. Data Protection and Security. In connection with your use of the Services and any Developer Product, you shall comply with all Applicable Laws relating to privacy, personal data protection, cybersecurity, data security, direct marketing, cookies and similar technologies, and cross-border data transfers. To the extent your use of the Services involves the collection, generation, access, use, storage, disclosure, sharing, transfer, deletion, or other processing of personal data, personal information, or other regulated data, you shall be solely responsible for ensuring that you have a valid legal basis, providing all legally required notices, obtaining all legally required consents or authorizations, responding to User rights requests, maintaining appropriate records, and implementing appropriate technical and organizational measures. You shall promptly notify Realsee of any actual or suspected security incident, data breach, unauthorized access, or other event that may affect Realsee, the Services, User Data, Open Platform Operation Data, or any data processed through the Services, and shall cooperate with Realsee in investigation, mitigation, notification, and remediation to the extent required by Applicable Laws or reasonably requested by Realsee.

2.11. Export Control and Sanctions. You shall comply with all Applicable Laws relating to export controls, trade sanctions, anti-boycott, anti-money laundering, anti-bribery, and anti-corruption. You shall not access, use, export, re-export, transfer, make available, or provide the Services, SDK, APIs, Documentation, or any related technology or output in violation of any applicable export control or sanctions laws, or to or for the benefit of any person, entity, country, or region that is subject to applicable sanctions, embargoes, or similar restrictions. Realsee may restrict, suspend, or terminate your access to the Services if Realsee reasonably determines that continued provision of the Services may violate Applicable Laws or expose Realsee or its affiliates to legal, regulatory, sanctions, export control, or reputational risk.

2.12. If you download, install, access, integrate, or use any SDK provided by Realsee, you shall comply with the applicable SDK License Agreement in addition to this Agreement. In the event of any inconsistency between this Agreement and the applicable SDK License Agreement, the SDK License Agreement shall prevail solely with respect to the license, installation, integration, technical use, copying, distribution, confidentiality, ownership, support, warranty disclaimer, and termination of the SDK itself, and this Agreement shall continue to govern your registration for and use of the Open Platform, your Account, access to platform services and interfaces, Developer Products, User Data, Open Platform Operation Data, and your relationship with Users, unless otherwise expressly agreed by Realsee in writing.

3. RIGHTS AND OBLIGATIONS OF REALSEE

3.1. You understand and agree that Realsee has the right to evaluate and review the accounts, applications, online services, and other materials uploaded, submitted, or connected by you to the Realsee Open Platform, and to decide at its own discretion whether to grant you access to technical interface permissions. You have no right to interfere with Realsee’s selection and decision. We will promptly inform you of the foregoing selection and decision and the corresponding reasons; however, with respect to matters falling within the scope of Realsee’s independent commercial operation and decision-making, you may not file complaints against Realsee’s foregoing evaluation and review.

3.2. Realsee will provide corresponding services to you according to the type of service selected by you. You understand and agree that, based on comprehensive factors including user experience, the operational security of Realsee or the Realsee Open Platform, relevant rule requirements, and healthy development, Realsee has the right to select the objects to which it provides services or with which it cooperates, to decide the objects and scope of function opening, data interfaces, and relevant data disclosure, and to suspend or terminate the provision of the Services to Developers or applications that have any of the following circumstances, including without limitation:

3.2.1. Violation of laws and regulations or this Agreement;

3.2.2. Impact on user experience;

3.2.3. Existence of security risks;

3.2.4. Similarity or identity with existing main functions or functional components of the Realsee Open Platform, or capability to achieve the main utility of the foregoing functions or functional components;

3.2.5. Violation of the operating principles of the Realsee Open Platform, or failure to meet other management requirements of Realsee.

3.3. Protecting the security of your information is a fundamental principle of Realsee. Without your consent or another valid legal basis under Applicable Laws, Realsee will not disclose or provide your information to any company, organization, or individual outside Realsee, except in the following circumstances:

3.3.1. Where such provision is permitted under this Agreement or other relevant agreements, rules, or similar documents;

3.3.2. Where such provision is permitted under laws and regulations;

3.3.3. Where provision is required by administrative, judicial, or other governmental authorities;

3.3.4. Where you consent to Realsee’s provision to a third party;

3.3.5. Where provision is necessary to resolve a report, complaint, or lawsuit;

3.3.6. Where provision is necessary for taking necessary and reasonable actions to prevent serious unlawful conduct or suspected criminal conduct;

3.3.7. Where provision is made to Realsee’s affiliates, service providers, professional advisers, business partners, or other recipients to the extent necessary for providing, maintaining, securing, improving, or operating the Services, provided that appropriate contractual or legal safeguards are adopted where required by Applicable Laws;

3.3.8. Where provision, storage, access, or transfer across countries or regions is necessary for the operation, maintenance, security, support, compliance, or dispute resolution of the Services, provided that Realsee will take measures required by Applicable Laws in relation to such cross-border processing or transfer.

Although Realsee makes maximum efforts to protect your information, under existing security technologies and measures, Realsee still cannot guarantee that your information will not be leaked, stolen, or otherwise compromised due to force majeure or factors not attributable to Realsee. Upon occurrence of the foregoing information security incident, Realsee will, depending on the circumstances, activate its emergency response plan and promptly take necessary measures to minimize the scope of information leakage and the corresponding losses to the greatest extent possible. However, we do not assume corresponding liability for losses caused by the foregoing force majeure or reasons not attributable to Realsee.

3.4. Realsee may assign part or all of its rights and obligations under this Agreement to others. If you do not agree to such assignment by Realsee, you have the right to stop using the services under this Agreement. Otherwise, you shall be deemed to have accepted such assignment.

3.5. Realsee has the right to use the logo, marks, name, images, and other related materials of Developer Products for the purposes of this Agreement.

Unless otherwise agreed, Realsee is not required to pay any fees to you for the rights and interests it enjoys under this Agreement.

3.6. Realsee does not participate in, and has no obligation to review, the legal relationship between Developers and Users, nor is Realsee responsible for any dispute between the foregoing parties involving Developer Products. Such disputes shall be resolved by Users and Developers through lawful negotiation.

3.7. Service Availability and Regional Restrictions. Realsee may determine, adjust, suspend, or discontinue the availability of all or part of the Services in any country or region, or to any category of Developers, Users, or Developer Products, based on business, technical, legal, compliance, security, sanctions, export control, or risk management considerations. You shall not use the Services in any country or region where Realsee has not made the Services available or where such use is prohibited or restricted by Applicable Laws or by Realsee’s applicable documentation, notices, or policies.

4. INDIVIDUAL SERVICES

4.1. To ensure that more comprehensive and high-quality services are provided to you, Realsee, or Realsee’s affiliates or partners (hereinafter referred to as “Individual Service Providers”), may provide other individual services to you within the Realsee Open Platform, including without limitation object storage, edge caching services (CDN), and long-connection gateways. You have the right to independently decide whether to use such individual services according to your needs.

4.2. The individual services described in this section may be subject to separate service agreements, usage rules, or similar documents, or their functions, rules, and requirements may be expressed to you by way of announcements, prompts, or similar methods. If you choose to use an individual service, you shall activate such service in accordance with the relevant requirements and comply with the relevant agreements, rules, announcements, prompts, and similar requirements.

4.3. Your login to or use of an individual service in any form indicates that you have understood and accepted the binding force of the relevant agreements, rules, announcements, prompts, and similar requirements applicable to that individual service.

4.4. You understand and agree that Individual Service Providers enjoy independent operating rights and, provided that your existing substantive interests are not impaired or affected, may directly take the following measures without obtaining your consent or giving you prior notice:

4.4.1. Modify the relevant agreements, rules, or similar documents applicable to an individual service, including without limitation conditions of use, methods of use, and fees;

4.4.2. Change the specific service content of an individual service, or suspend or terminate the provision of an individual service. If you do not accept the foregoing changes or adjustments, you shall stop using the relevant service. Otherwise, if you continue to use the relevant service, you shall be deemed to have agreed to and accepted the relevant changes or adjustments.

5. SUSPENSION OR TERMINATION OF SERVICES

5.1. If you violate this Agreement, or notify Realsee in writing that you do not accept this Agreement or any amendment hereto, Realsee has the right to suspend or terminate the provision of all or any part of the Services to you at any time. If you again register and log in to the Realsee Open Platform directly or indirectly in the name of another person, Realsee has the right to directly and unilaterally suspend or terminate the provision of services to you.

5.2. If you are unable to continue using the Services or Realsee is unable to provide the Services due to force majeure, either party has the right to terminate this Agreement at any time.

5.3. If this Agreement or the Services are terminated for any reason, Realsee may retain or delete all data in your Account, or any information such as data stored on Realsee’s servers due to your use of the Services, including any data that you have not completed prior to termination of the Services. You must fully and independently assume any liability for compensation caused by any unlawful act or breach of contract committed by you before termination of the Services, and Realsee shall have the right of recourse.

5.4. If this Agreement or the Services are terminated for any reason, you shall independently handle backups of data and other information, as well as matters relating to your Users. If Realsee suffers losses as a result, you shall be responsible for compensation.

5.5. Where your right to use the Services, the Open Platform, or any SDK is suspended or terminated, you shall also cease the corresponding access to or use of the relevant SDK, API, development tool, Documentation, and other platform resources to the extent required under this Agreement, the applicable SDK License Agreement, or Realsee’s notice, and shall delete or return relevant materials, copies, and backups as required by Realsee or the applicable SDK License Agreement. Termination of this Agreement shall not affect any rights, obligations, or liabilities that have accrued prior to such termination or that are expressed to survive termination under this Agreement or the applicable SDK License Agreement.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

6.1. You understand and agree that, in view of the special nature of network services, Realsee may provide updates to service content from time to time, including without limitation modifications, upgrades, functional enhancements, and development of new services. To ensure service security and improve user experience, after the foregoing updates occur, we will, under reasonable and feasible conditions, promptly notify you in an appropriate manner, including without limitation system prompts and announcements. You shall promptly review and understand updates to the relevant service content. If you voluntarily choose to refuse an update, certain functions of the relevant service will be restricted or may not operate normally, and the losses or liabilities arising therefrom shall be independently borne by you.

6.2. You understand and agree that, in order to provide more complete services to you, Realsee has the right to inspect, maintain, upgrade, or otherwise service the platform or related equipment used to provide the Services on a regular or irregular basis. Such circumstances may result in interruption or suspension of relevant services for a reasonable period of time. We will notify you in advance to the extent technically feasible and reasonable, so that you may timely adjust relevant development plans or arrangements. If losses are caused to you as a result, this shall not be deemed a breach of this Agreement by us and shall not give rise to any liability for breach of contract on our part.

6.3. You understand and agree that Realsee’s services are provided on an as-is basis according to the existing technologies and conditions available. Realsee will make its best efforts to provide services to you and ensure the continuity and security of the services. However, Realsee cannot guarantee that the services it provides will be free of defects, nor can Realsee foresee and prevent legal, technical, and other risks at all times, including without limitation service interruptions, data loss, and other losses and risks that may be caused by force majeure, viruses, trojans, hacker attacks, system instability, defects in third-party services, governmental acts, and similar causes. Accordingly, you also agree that, even if there are defects in the services provided by Realsee, where such defects are unavoidable given the technological level of the industry at the time, they shall not be deemed a breach by Realsee. In addition, any data or information loss or similar losses caused to you thereby shall not be deemed caused by Realsee’s subjective fault, and Realsee shall therefore not assume tort liability arising therefrom.

6.4. You understand and agree that, during your use of the Services, the Services may be interrupted due to force majeure and other risk factors. Force majeure means objective events that are unforeseeable, unavoidable, and insurmountable and that have a material impact on one or both parties, including without limitation natural disasters such as floods, earthquakes, epidemics, and storms, and social events such as wars, unrest, and governmental acts. Upon occurrence of the foregoing circumstances, Realsee will endeavor to cooperate with relevant entities at the earliest possible time and carry out timely restoration. With respect to suspension or inability to continue performing this Agreement due to force majeure, you agree to first conduct friendly consultations with Realsee and separately reach arrangements.

6.5. You understand and agree that, under no circumstances shall Realsee be liable for any indirect, consequential, punitive, incidental, special, or penal damages, including loss of profits suffered by you due to your use of the Open Platform, even if Realsee has been advised of the possibility of such damages.

6.6. You understand and agree that, if you, through any method or means in violation of this Agreement—other than: (i) obtaining data through the API of the Realsee Open Platform Developer Center for secondary development on the user’s server side; (ii) using open code packages under the “@realsee” domain distributed on npm for secondary development; or (iii) conducting secondary development based on source code opened under the realsee-developer organization on GitHub—transfer the content or resources of the Services to any third party for use without Realsee’s authorization or even without Realsee’s knowledge, or attempt to obtain services through channels or official platforms not lawfully provided by Realsee, and where certain services may include functions for collecting personal information, any losses caused thereby or any legal liabilities arising therefrom, including infringement of personal information, shall be borne independently and fully by you as the actor. At the same time, if Realsee suffers losses due to the foregoing acts, we have the right to seek compensation from you through litigation or other lawful means.

6.7. You understand and agree that, if service interruption or obstruction occurs due to any of the following circumstances and causes losses to you, Realsee shall not assume corresponding liability:

6.7.1. Damage caused by computer viruses, trojans, other malicious programs, or hacker attacks;

6.7.2. Failures in the computer software, systems, third-party cloud servers, hardware, or communication lines of you or Realsee;

6.7.3. Your improper operation;

6.7.4. Your use of the Services in a manner not authorized by Realsee;

6.7.5. Other circumstances beyond Realsee’s control or reasonable foreseeability.

6.8. To the maximum extent permitted by Applicable Laws, Realsee’s aggregate liability arising out of or in connection with this Agreement, the Services, the Open Platform, or any Developer Product, whether in contract, tort, negligence, strict liability, or any other legal theory, shall not exceed the greater of: (i) the total fees actually paid by you to Realsee for the specific Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the liability; or (ii) USD 100. Nothing in this Agreement shall exclude or limit any liability to the extent such exclusion or limitation is prohibited by Applicable Laws.

7. INTELLECTUAL PROPERTY

7.1. Trademark rights, copyrights, or other intellectual property rights separately owned by either party before the execution of this Agreement shall continue to be separately owned by each party, and shall not be transferred to the other party or jointly owned by both parties due to the execution or performance of this Agreement, unless otherwise agreed by the parties.

7.2. All intellectual property rights in the information content provided by Realsee in the Services, including without limitation webpages, text, images, audio, video, charts, basic development environment, SDK interfaces, and front-end windows, belong to Realsee, except where such rights lawfully belong to others. Unless otherwise specifically stated, copyrights, patents, and other intellectual property rights in all software relied upon by Realsee to provide the Services belong to Realsee. The copyrights or trademark rights in commercial marks used by Realsee in the Services, such as “Realsee” and “如视,” belong to Realsee. The foregoing and any other intellectual property rights lawfully owned by Realsee are protected by law, and without Realsee’s written permission, you may not use them in any form or create related derivative works.

7.3. All rights in Open Platform Operation Data, which may include without limitation rights of use, intellectual property rights, and legitimate competitive interests, belong to Realsee. Without Realsee’s written consent, the Developer may not, for any purpose, crawl, download, save, use, or authorize others to use the foregoing operation data without authorization.

7.4. The Developer lawfully owns copyrights, trademark rights, patent rights, and other rights in Developer Products. If you use third-party software or technologies in the development, production, use, or distribution of Developer Products, you warrant that you have obtained lawful authorization from the third party. Otherwise, any third-party claim or other liability arising therefrom shall be independently borne by you.

7.5. You may only lawfully use the Services and the relevant APIs in accordance with this Agreement. All copyrights, patent rights, and other relevant rights relating to the APIs associated with the Services belong to Realsee. Without Realsee’s written permission, you shall not use them in breach of contract or in violation of law, nor sell, transfer, or sublicense any code, APIs, development tools, or similar resources of Realsee to any entity or individual.

7.6. You undertake not to engage in any of the following acts:

7.6.1. Reverse engineering, disassembling, decompiling, reconstructing, translating, modifying, or copying the Services, the Open Platform, or any other aspect or part thereof, including without limitation source code, object code, or back-end algorithms, or generating or distributing derivative works in any other manner not licensed or authorized by Realsee;

7.6.2. Tampering with or deleting any logo, trademark, copyright, or other intellectual property notice contained in the Services or the Open Platform;

7.6.3. Distributing, leasing, selling, reselling, licensing, sublicensing, or otherwise providing Open Platform Operation Data or User Data and information to any third party without permission;

7.6.4. Circumventing or modifying Realsee’s data statistics tools;

7.6.5. Other unlawful acts or acts that violate the principle of good faith.

7.7. Realsee is the producer of the Open Platform and owns all lawful rights, including copyrights, in the contents and resources of the Platform website, which are protected by national laws. Except as otherwise mandatorily provided by law, without Realsee’s written permission, no person may unlawfully crawl, copy, reproduce, quote, or create links to the contents of the Open Platform in any manner; otherwise, Realsee has the right to pursue legal liability.

7.8. Realsee has the right to modify the Open Platform, the Services, and the contents of this Agreement from time to time, and has the right to decide to notify Users by means including without limitation publishing notices on the Open Platform.

8. LEGAL LIABILITY

8.1. You undertake that your use of the Services, the Open Platform, and any of your acts shall not violate any laws or regulations, this Agreement, or relevant agreements, rules, or similar requirements, and shall not infringe upon the lawful rights and interests of any subject.

8.2. You understand and undertake that, if Realsee independently discovers, or discovers based on information from relevant authorities, complaints from rights holders, or similar sources, that you may have violated the foregoing undertaking, Realsee has the right to make an independent judgment based on the understanding of an ordinary person to determine whether you have violated the foregoing undertaking, and has the right to unilaterally take one or more of the following measures at any time:

8.2.1. Require you to immediately replace or modify relevant content that infringes upon the lawful rights and interests of others; before you make corrections, suspend the opening of API interfaces to any application under your name or the name of your affiliates, and terminate the access of the foregoing applications to the Open Platform;

8.2.2. Take measures against allegedly non-compliant applications or all accounts under your name and the name of your affiliates, such as closing new user entry points and restricting existing users from logging in;

8.2.3. Prohibit you or your affiliates from connecting any new application to the Open Platform in the future;

8.2.4. Pursue your legal liability, or unilaterally terminate this Agreement at the same time;

8.2.5. Publicly announce your conduct;

8.2.6. Other handling measures that Realsee considers appropriate. If necessary, you may submit the modified application that no longer infringes upon the lawful rights and interests of others as a new application for access to the Open Platform in accordance with the Open Platform’s procedures, specifications, and similar requirements.

8.3. If Realsee takes any action or measure against you or your application in accordance with the foregoing provisions, other relevant provisions of this Agreement, or due to your violation of applicable laws, all disputes, liabilities, and similar matters arising therefrom shall be solely your responsibility. Any losses caused to you shall be fully borne by you. Any losses caused to Realsee or others shall also be fully borne by you.

9. NOTICES

9.1. Realsee may deliver various rules, notices, prompts, and other information relating to the Open Platform, the Services, and this Agreement to you by one or more means, including webpage announcements, webpage prompts, email, mobile phone text messages, and regular mail. Once Realsee publishes or sends such information by any of the foregoing means, you shall be deemed to have received, accepted, and agreed to such information, and such information shall be binding upon you, unless you have sufficient evidence to the contrary proving that you had legitimate and reasonable grounds for being unable to receive the notice, in which case you shall promptly contact us as soon as you are able to receive notices again so that we may deliver rule updates to you. If you do not accept such information, please notify Realsee in writing; otherwise, you shall be deemed to have accepted and agreed.

9.2. If you fail to receive relevant rules, notices, prompts, or other information due to incorrect information provided by you, such as email address, mobile phone number, or mailing address, or due to other reasons not attributable to us, you agree that you shall still be deemed to have received the relevant information and be bound by it, and all consequences and liabilities shall be borne by you.

9.3. You agree that Realsee may send other necessary information that may be unrelated to the Services to your email address, mobile phone number, or similar contact channels.

9.4. If you need to communicate with Realsee regarding any matter, you shall notify Realsee in writing according to the contact information published in Article 10 of this Agreement.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. Governing Law. This Agreement, including its formation, validity, interpretation, performance, and termination, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), without regard to its conflict of laws principles.

10.2. Amicable Resolution. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, including any issue concerning its existence, validity, interpretation, performance, breach, or termination (collectively, a “Dispute”), the parties shall first attempt in good faith to resolve such Dispute through friendly consultations. If the Dispute is not resolved within thirty (30) days after written notice requesting consultation is delivered by either party, either party may submit the Dispute to arbitration in accordance with Section 10.3 below. Before commencing arbitration, the parties may agree to attempt mediation of the Dispute through the Hong Kong Mediation Centre or any other mutually agreed mediation service provider. Any mediation shall be completed within sixty (60) days unless extended by mutual agreement.

10.3. Arbitration. Any Dispute that is not resolved through consultation shall be finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in the English language, provided that the parties may agree to conduct proceedings in Chinese if both parties are Chinese-speaking entities and mutually agree to do so. The arbitral tribunal shall consist of one (1) arbitrator, unless the amount in dispute exceeds USD 1,000,000, in which case the tribunal shall consist of three (3) arbitrators. The arbitral award shall be final and binding upon both parties. Each party irrevocably waives any immunity to which it may be entitled and consents to the enforcement of any arbitral award in any jurisdiction where enforcement may be sought.

10.4. Interim and Equitable Relief. Nothing in this Agreement shall prevent either party from seeking interim, injunctive, equitable, or conservatory relief from any court of competent jurisdiction, including relief necessary to protect confidential information, intellectual property rights, data security, platform integrity, or proprietary technology.

10.5. Confidentiality. Unless otherwise required by applicable law, regulatory authority, or for purposes of enforcement of an arbitral award, the parties shall keep confidential:

(a) the existence of any arbitration;

(b) all arbitration proceedings;

(c) all materials submitted in connection with the arbitration; and

(d) any arbitral award.

10.6. Continued Performance. During the pendency of any Dispute, each party shall continue to perform its undisputed obligations under this Agreement to the extent commercially reasonable.

10.7. Electronic Evidence. The parties agree that electronic records, platform logs, system records, operational data, electronic communications, and digitally stored information generated or maintained by either party may be admissible as evidence in any arbitration or legal proceeding relating to this Agreement, subject to applicable law and the discretion of the arbitral tribunal.

10.8. Costs. The arbitral tribunal shall have the power to allocate the costs of arbitration between the parties. Unless otherwise determined by the tribunal, the unsuccessful party shall bear the arbitration costs and reasonable legal fees of the successful party. Mediation costs shall be shared equally between the parties.

10.9. Severability. If any part of this Section is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining parts of this Section or any other provisions of this Agreement.

MISCELLANEOUS

11.1. You may contact Realsee regarding any opinions or suggestions concerning the Services, the Open Platform, or any part of this Agreement through the customer service email address: developer@realsee.com.

11.2. Language. This Agreement is drafted in English. If this Agreement is translated into any other language, the English version shall prevail to the extent of any inconsistency, unless otherwise required by mandatory Applicable Laws or expressly agreed by Realsee in writing.