Service AgreementEffective date: January 31, 2022

Welcome to use KingDraw Terms of Service (hereafter referred to as “Service”). If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at:

Email: kingdraw@kingagroot.com

Notice:

Prior to the use of KingDraw products or services, please carefully read and thoroughly understand KingDraw Terms of Service (hereafter referred to as “Service”) as well as Privacy Policy and confirm that you have fully understood and agreed to the Terms and Policy before using relevant products or services, especially the clauses related to liability exemption or limitation, dispute resolution and application of the law. The liability exemption or limitation clauses will be presented in bold font, please read carefully.

By completing the information, reading and agreeing to this Agreement and, completing all registration procedures as indicated on the registration page, you have fully read, understood, and accepted the entire contents of this Agreement and this Agreement is legally binding. You undertake to accept and abide by the terms of this Agreement. At that time, you shall not claim that this Agreement is invalid or request to revoke this Agreement without first reading the contents of this Agreement or obtaining the answer to your inquiry by KingDraw.

I. Contracting parties

This agreement is jointly concluded by Qingdao KingAgroot Precision Agriculture Technology Co., Ltd. and users who use KingDraw services through the KingDraw website, mobile client software and, other means (hereinafter referred to as “user” or “you”).

II. Content and effectiveness of Agreement

1. The content of this agreement includes the text of this Agreement and all privacy policies, other policies, rules, statements, notices, warnings, tips, instructions (hereinafter referred to as “rules”) that KingDraw has issued or may publish in the future. The foregoing rules are an integral part of the agreement and have the same legal effect as the body of the Agreement.

2. KingDraw has the right to formulate and amend this Agreement and related rules from time to time as needed. Once the changed agreements and rules are announced, they will immediately replace the original agreements and rules and will automatically take effect. If you do not agree to the change, you should immediately stop using KingDraw services. If you continue to use KingDraw services or conduct any website activity, it means you have accepted the revised agreement and rules.

III. Service items

1. KingDraw provides various forms of service software (such as iOS and Android versions) (subject to what KingDraw supplies). KingDraw will continue to enrich your use of the terminal, form, etc.. Your use of our other products and services and their associated websites, applications, and other materials are subject to other terms applicable to them.

2. The services include technical functions such as supporting cloud storage and offline structure drawing, etc,. These functional services may be optimized or modified according to the user’s needs because of different service versions, the service provider’s unilateral judgment, or postponed providing due to regular or irregular maintenance.

3. At the same time, KingDraw reserves the right, at any time, to decide independently when to alter, update, medicate and transfer the services or part of the services and its related functions. You agree that KingDraw will not be required to notify you of any of the above, and will not be liable to you or any third party.

IV. Registration and account management

1. You acknowledge that when you complete the registration process or actually use the services in other permitted manners of KingDraw, you should be a natural person with full civil rights capability and disposing capability to act in accordance with the civil conduct you are engaged in. If you do not have the above qualifications, please do not use the service, otherwise, you and your guardian should bear all the consequences and KingDraw has the right to cancel (permanently freeze) your account and claim compensation from you and your guardian.

2. You should submit your identity and other relevant information that is true, accurate, and reflects the current situation when registering. Please understand and agree that you must not violate the law and provide bad information when registering, do not pretend to be others, do not register for others without permission and, do not register your account in a way that may cause other users to misidentify, otherwise, KingDraw has the right to refuse the registration, stop providing service and withdraw the account.

3. You may use the mobile phone number that you provided or confirmed and promise that the registered profile and other information shall not appear illegal or bad information; you may not impersonate others to register, may not register for others without permission and may not register in a way that may cause misidentification by other users, otherwise KingDraw has the right to refuse the registration, stop providing services and recover the account. The loss as incurred therefrom shall be at your own risk.

4. You understand and agree that the ownership of the KingDraw registration account belongs to KingDraw. After registration, you only get the right to use the account. KingDraw account usage rights are only vested in the initial application registrant and may not be transferred or provided to others in any way. Otherwise, KingDraw has the right to immediately withdraw the account without notice, all the losses therefrom such as dump or loss of data resulting from your use of our service shall be at your own risk.

5. After you successfully register, KingDraw will confirm your identity based on your account number and password. You should take good care of your terminal, your account and password and take full responsibility for all activities (including but not limited to online click consent or submitting various rules and agreements or purchasing services, sharing information or pictures, etc.). You undertake to immediately notify KingDraw of any unauthorized use of the password or account, or any other security issue and you agree and acknowledge that KingDraw is not liable for any direct or indirect loss or damage arising from the foregoing. Your account and password may not be transferred, donated or inherited in any way, except as required by law or judicial decision and with the consent of KingDraw.

6. After KingDraw withdraws or cancels the account according to this agreement, we have the right to handle the content and information of the account by itself, including but not limited to deletion, without any liability to the user.

V. Service usage specification

1. The User fully understands and agrees that KingDraw only provides a service platform for users and you are solely responsible for all actions and results of using the service. Accordingly, you should be aware that the use of KingDraw Service may expose you to risks of illegal or inappropriate conduct (or information) from others and you should be responsible for your own actions and risks.

2. The Services may be free or we may charge a fee for using the Services, , including but not limited to Paid Services, Internet data flow charges, communication service fees, etc. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

2.1 Paid Services Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. Currently, we offer our mobile application through Apple App Store (the “App Store”) and Google Play. You agree to comply with, and your license to use our mobile application is conditioned upon Your compliance with, such App Store and Google Play terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store or Google Play in accordance with such App Store’s or Google Play's terms and conditions.
2.2 Billing. All payments for the Paid Services are processed through Apple iTunes services or Google Play billing system (the “Payment Processor”) by billing your payment account linked with the App Store or Google Play (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
2.3 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
2.4 Current Information Required. Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expire date), and you must promptly notify us or our payment processor or if your payment method can be cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at your account settings with the app store. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
2.5 Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
2.6 Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at kingdraw@kingagroot.com.

3. Unless otherwise stated, the services under this Agreement may only be used for non-commercial purposes. You undertake not to copy, replicate, sell, resell, or use any part of the use or acquisition of the Service for any purposes including but not limited to advertising and any other commercial purposes.

4. You undertake not to use the Service for any illegal or improper activities, including but not limited to the following:

4.1 Upload, transfer, or share information that includes one of the following:
(1) That is against the general principles established in the Constitution;
(2) That may jeopardize the national security, disclose national secrets, overthrow the state power, or destroy the national unity;
(3) That jeopardizes the national honor and interests;
(4) That stirs up hatred and discrimination among nationalities and destroys the unity of nationalities;
(5) That destroys national religion policies and advocates cults and superstitions;
(6) That is to spread rumors, disturb the social order and destroy the social stability;
(7) That is to distribute obscenity, pornography, gambling, violence, murder, terror or to encourage crimes;
(8) That insults or slanders others and infringes other people’s lawful rights and interests;
(9) Contains false, fraudulent, harmful, coercive, infringing on the privacy of others, harassment, infringement, slander, vulgarity, jealousy, or other morally offensive contents;
(10) Contains contents that are restricted or prohibited by Chinese laws, regulations, rules, regulations, and any other standards with legal force;
4.2 Pretending to be another person or institution, or making a false statement or falsely claim relating to any person or institution;
4.3 Falsifying the title or otherwise manipulating the identification material, causing the person to mistakenly believe that the content was transmitted by KingDraw or its affiliates;
4.4 Any content that is known but not authorized to be uploaded, transmitted or shared in accordance with any law or contract or legal relationship (e.g., due to employment relationships and internal information, proprietary and confidential information known or disclosed under a confidentiality contract);
4.5 Upload, transmit or share content that is suspected of infringing on the rights of others (including but not limited to intellectual property such as copyrights, patents, trademarks, trade secrets, etc.);
4.6 Violation of requirements of the “seven bottom lines” of complying with laws and regulations, the socialist system, national interests, citizens’ legitimate interests, public order, social morality and information authenticity;
4.7 Any actions that violate Chinese laws, regulations, rules, policies, and regulatory documents.

. You undertake not to engage in the following acts with the Software and Services:

5.1 Interfere with or disrupt the server or network connected to the Service, or violate any rules, procedures, policies, or specifications regarding the Service connection network;
5.2 Adding, deleting, changing the function or operation effect of the software by modifying or falsifying the instructions and data in the running of the software, or operating or transmitting the software or method for the above purposes, whether or not the behavior is for commercial purposes;
5.3 Interfere with the software and its components, modules, data, etc. by yourself, by authorizing others, or by using third-party software.

6. You undertake that you will strictly abide by this Agreement (including the rules described in Section 1) when using the KingDraw service.

7. You agree and accept that you are not required to monitor the information and information you upload, transmit or share from time to time but KingDraw reserves the right to review, supervise and take actions on your use of the Services, including but not limited to the deletion, suspension or termination of the Services and report to the relevant authorities.

8. You undertake not to use the Service in any way to infringe the commercial interests of KingDraw or to engage in any actions that may harm or adversely affect KingDraw.

9. You understand and agree that KingDraw and its affiliates or their authorized entities and individuals have the right to place various commercial advertisements or any other type of promotional information in various ways during the KingDraw service delivery process, and you agree to accept the above ads sent to you by mail or other means.

10. You fully understand and agree that you are responsible for all actions under your registered account, including any content you posted and any consequences arising therefrom. You should personally judge the content you are exposed to when using the Service and assume all risks arising from the use of the content, including risks arising from the reliance on the correctness, completeness or usefulness of the content. KingDraw cannot and will not be liable for any loss or damage caused by your aforementioned risks.

11. If KingDraw discovers or receives reports from others that you have violated this agreement, KingDraw reserves the right to delete or block the relevant content at any time without notice, and to take actions, including but not limited to, recovering the account, restricting, suspending or terminating some or all of your use, being investigated for legal responsibility according to law, etc.

12. You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or Google Play. The App Store or Google Play has its terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store or Google Play. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store or Google Play terms and conditions. To the extent, such other terms and conditions from such App Store or Google Play are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through the Apple iTunes service or Google Play billing service and you are agreeing to the applicable Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and at https://play.google.com/about/play-terms/index.html. KingDraw is not a party to any In-App Purchase.

VI. Special authorization

1. When you make any form of commitment to a KingDraw affiliate and the company has confirmed that you have breached the promise, KingDraw reserves the right to immediately take restrictions on your account in accordance with your commitment, including but not limited to suspension or termination of providing services to you and publicize your breach of contract confirmed by the relevant company. You understand and agree that KingDraw is not required to verify the facts with you or to obtain your consent and KingDraw is not responsible for any such restrictions or publicity.

2. In the event of a breach of this Agreement or any other agreement with KingDraw, KingDraw reserves the right to notify the KingDraw affiliates in any way that it is required to take restrictions on your rights, including but not limited to requiring the KingDraw affiliate to suspend and terminate the providing of some or all of the services and publicize your breach on any website that it operates or actually controls.

VII. Service suspension or termination

1. You agree that KingDraw reserves the right to suspend, terminate or cause the termination of the Service or any part thereof at any time in view of the particularity of the Internet service; KingDraw is not required to notify you of the termination or termination of the free service.

2. You understand and agree that KingDraw may maintain or overhaul the platform equipment, facilities, hardware, and software that provide network services on a regular or irregular basis. If such a situation causes the fee-based service to be suspended within a reasonable time, KingDraw shall not be liable but shall inform as much as possible in advance.

3. In the event of one of the following defaults, KingDraw may immediately suspend or terminate the service and request the user to compensate for the loss:

3.1 The user violates the registration obligation of Article 4;
3.2 When the user uses the charging network service but the corresponding service fee is not paid as required;
3.3 User violates the provisions of Article 5 Service usage specification;

VIII. Privacy policy

1. The account you registered with the KingDraw service is password protected to ensure the security of your basic information. Please keep your account and password information in a safe place.

2. KingDraw strives to take reasonable physical, electronic, and administrative security measures to protect your information so that the information and communications stored in KingDraw are not compromised, corrupted, or lost, including but not limited to SSL, information encrypted storage, data center access control. We also strictly manage employees or outsourcers who may be exposed to information, including but not limited to, taking different jurisdictional controls based on their positions, signing confidentiality agreements with them, and monitoring their operations. KingDraw will provide the corresponding security measures to protect your information and provide reasonable security. KingDraw will try our best to keep your information from being leaked, damaged, or lost at any time, but please also pay attention to it. There are no absolutely perfect security measures on the information network. Please keep the relevant information in a safe place.

3. KingDraw has the right to determine the maximum storage period of your data and the maximum storage space of the data in the server according to the actual situation. You should keep the terminal, account and password and keep the relevant information and contents properly. KingDraw is not responsible for the loss or theft of data caused by your own reasons and the failure to delete or store the relevant data in the software and services.

4. See the KingDraw Service Privacy Policy for additional privacy terms.

IX. Intellectual property

1. You understand and agree that, unless otherwise stated by KingDraw, all intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets, etc.) of all products, technologies, software, programs, data and other information contained in the Services under this Agreement (including but not limited to texts, images, photographs, audios, videos, graphics, colors, page layouts, electronic documents) and all related rights are owned by KingDraw or its affiliates.

2. You warrant that, except with the written authorization of KingDraw, you may not (and may not allow any third party) implement such behaviors, including but not limited to renting, lending, selling, distributing, copying, modifying, reprinting, compiling, publishing, publishing, and restoring engineering, reverse assembly, reverse compilation, or otherwise discover the source code, etc.

3. The texts, graphics and its composition of the Logo, “KingDraw”, “清笔” and other KingDraw services as well as other KingDraw logos, enlistments, products and service names are trademarks of KingDraw and its affiliates in China and other countries. You may not display, use or otherwise dispose of it in any way without the written authorization of KingDraw; and you must not indicate to others that you have the right to display, use, or otherwise handle it.

4. You understand and agree to authorize KingDraw to use your name, trademark, logo in advertising and promotion but only limited to indicating that you belong to our customers or partners.

X. Limited liability

1. The service will be provided “as is” and “as available”. KingDraw hereby expressly disclaims all warranties, express or implied, including but not limited to, the suitability of the Services, without errors or omissions, continuity, accuracy, reliability and warranties, statements or promises for a particular purpose.

2. KingDraw makes no commitment or guarantee regarding the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved in the Service.

3. Under no circumstances should KingDraw be liable for the inability to serve or delay the service caused by Internet connection breakup, computer, communication or other system failures, power failures, strikes, labor disputes, riots, uprisings, riots, lack of productivity or production materials, fires, floods, storms, explosion, force majeure, war, government actions, international or domestic court orders or third-party inactions.

4. Regardless of whether it is foreseeable or not, no matter what form of behavior, KingDraw shall not be liable for damages caused by special, direct, indirect, punitive, sudden or causal reasons or any other damages caused by the following reasons (including but not limited to loss of profits or interest, suspension of business, loss of data):

4.1 Use or unable to use the service;
4.2 The cost of purchasing or obtaining any product, sample, data, information or transaction, etc. or other acts that may be substituted for the above actions;
4.3 Unauthorized access or modification of data or data transmission;
4.4 Statements or acts by a third party through the service;
4.5 Other damages caused by service-related incidents, including negligence.

5. You fully understand and agree that, given the particularity of the Internet system and environment, the information and personal data you share in the Services may be copied, reproduced, altered or otherwise illegally used by others; you are fully aware of the existence of risks and confirm that such risks are entirely at your own risk, while KingDraw does not assume any responsibility for this.

XI. Liability for breach of contract and compensation

1. If KingDraw discovers or receives reports from others that you have violated this agreement, KingDraw reserves the right to delete or block the relevant content at any time without notice to limit, suspend or terminate your use of KingDraw account and service, to suspend, terminate your use of some or all of the service and investigate legal responsibilities.

2. You agree to indemnify in full (including but not limited to reasonable attorneys’ fees) in the case of any third party that makes any claim or request to KingDraw and its affiliates as a result of your uploading, transmitting or sharing the information, use of other features of the Service, breach of this Agreement, or any infringement of any of your rights, or any loss incurred by KingDraw and its affiliates.

XII. Valid notice

1. Any notice sent to you by KingDraw may be by email, public announcement of the page, personal network area prompts, SMS or regular mail and such notice shall be deemed to have been delivered to or affected by the user on the date of delivery.

2. You agree that any notice you send to KingDraw shall be sent to the contact information (such as email, mailing address, fax number, etc.) that KingDraw announced to the users in the form of an official announcement or by other means of notification approved by KingDraw.

XIII. Dispute resolution and other

1. The interpretation and application of this Agreement, as well as disputes relating to this Agreement, shall be dealt with in accordance with the laws of the People’s Republic of China and the People’s Court with jurisdiction over KingDraw and its affiliates shall be the court of the first instance.

2. If any provision of this Agreement is deemed to be invalid or unenforceable, the foregoing provisions may be separated and the remainder will still have legal effect.

3. KingDraw shall not be deemed to have abstained from the default or violation of the user’s other or same kind in the future if the user waives the rights specified in this Agreement in the event of default or default.

4. This Agreement shall supersede all prior oral and written agreements, arrangements, understandings and communications between the parties regarding any matter of this Agreement.

5. KingDraw reserves the right to transfer all rights and obligations under this Agreement to its affiliates in accordance with the adjustment of the business. The transfer will be notified in the manner stipulated in this agreement and the user promises no objection to this.