Thank you for your application for using the entrusted fee deduction service for Auto-Renewal (hereinafter referred to as the "Service") provided by Qingdao KingAgroot Precision Agriculture Technology Co., Ltd. and its affiliated companies (hereinafter collectively referred to as "KingDraw"; an affiliated company refers to an entity that (directly or indirectly) controls, is controlled by or under common control with a party concerned. "Control" means ownership of more than 50% of management or decision-making power of a company (whether by voting, contract or any other means). Please carefully read and then agree to the articles of the Auto-Renewal Service Agreement of KingDraw (hereinafter referred to as the "Agreement". The contents hereof are all subject to the contents that are published and may be updated from time to time. If you do not agree to any part of or the whole contents hereof, please do not choose "Agree to Accept" or use the Service in any methods (including but limited to: Checking, Clicking). By checking "I Accept the Continuous Auto-Renewal Service Agreement of KingDraw", you reach an agreement with KingDraw and voluntarily accept all the contents herein. Thereafter you shall not raise a defense in any form with the excuse of failure to read the contents herein.
1.The Service is a sub-service under the KingDraw Online Service (The KingDraw Online Service herein refers to services and products that are included by KingDraw or launched by KingDraw and/or by a third party who has built partnership with KingDraw, and can be logged into and accessed to only by using the KingDraw Online Service Account (The KingDraw Online Service Account herein refers to the KingDraw account and other account possibly to be added later, which you may use to log into the KingDraw Online Service). Meanwhile, the Service is introduced out of your need for automatic renewal, to avoid any possible losses to you because you fail to renew the KingDraw Online Service for your negligence or for any other reasons. Therefore, your application for the provisioning of the KingDraw Online Service is the precondition for your application for the use of the Service.
2.You shall have relevant rights and behavioral capacity to use the Service, and can solely assume the related legal responsibilities. If you are under 18, you must use the Service under the guidance of your parents or legal guardian.
3.This Agreement, as a sub-agreement of Series Agreements of KingDraw Online Service (including but not limited to the User Agreement for KingDraw Premium Service and other series agreements and may be updated from time to time), has the same and indispensable legal force with the Series Agreements of KingDraw Online Service. Therefore, before using the Service, you shall accept and agree to the Series Agreements of KingDraw Online Service, this Agreement and provisions of all other agreements, rules and announcements with respect to the KingDraw Online Service and the Service, especially the pertinent restrictions or exemption provisions (such restrictions or exemption provisions may be highlighted in bold to attract your attention). In addition, your following behaviors will be deemed as your full consent to this Agreement:
Before you proceed, KingDraw strongly recommends that you print out this Agreement or save it to your computer for your future reference.
Your consent to the Agreement will be considered as your acknowledgment and consent to all provisions of this Agreement and Series Agreements of KingDraw Online Service as well as your guarantee to fully abide by above-mentioned Agreements.
By applying for using the Service, you irrevocably authorize KingDraw to deduct the service fee for the next billing period from the third-party payment account from Google Play or Apple App Store before a specific KingDraw Online Service that you have accessed is about to expire. Billing period may refer to a monthly, or annual period and the specific billing period of you by using the Service depends on your choice when applying for the using the Service. Besides, such service will be fulfilled under the precondition that you have consent to the Agreement from Google Play and Apple App Store.
The Auto-Renewal refers to that, prior to the preconditions stipulated in Paragraph 1 of this Article Ⅱ, Google Play or Apple APP Store charges you the service fee of KingDraw for the next billing period from the Google Play or Apple App Store Accounts and record such fee into your payment history. then accordingly extends the valid period equivalent to the next billing period of the specific KingDraw Online Service that you have accessed to via the Service. You shall ensure Google Play or Apple App Store can successfully deduct the such Service fee from your accounts and you shall solely assume the responsibilities for Auto-Renewal failure due to insufficient balance in the accounts.
The Service provided by KingDraw is limited to be used on the platform or client-side of the specific KingDraw Online Service that you have accessed to via the Service. Any behavior that, by illegal means such as malicious cracking, separation of the Service contents provided by KingDraw from the platform or client-side of the specific KingDraw Online Service that you have accessed to via the Service, is beyond the scope of the Service specified in the Agreement. Any legal consequence therefrom shall be borne by the doer, and KingDraw will investigate the legal responsibilities of the doer.
It is up to you to choose whether to cancel the Service or not. If you choose not to cancel the Service, it will be deemed that you have allowed Google Play or Apple App Store to irregularly make attempts of fee deduction based on certain rules aforementioned. Once such deduction succeeds, KingDraw will provision the service for you for the next billing period. KingDraw hereby reminds you of paying attention to the deadline of each billing period. If you do not want to use the Service in the next billing period, you must terminate the Service prior to the deadline of the current billing period, and KingDraw is not obligated to remind you before the deadline of each billing period and asking you to determine whether you want to continue using the Service in any method.
Where the service price for a specific KingDraw Online Service that you have accessed to via the Service have been adjusted on/prior to the date of Auto-Renewal, the then effective price shall prevail.
KingDraw will not charge you for provisioning of the Service. However, KingDraw reserves the right to determine whether to charge for the Service itself or adjust the Auto-Renewal period and corresponding service fee duly in such adjusted Auto-Renewal period based on business necessity, market fluctuations, etc.
KingDraw Product Refund Regulation
The Service shall become effective from the date when you choose to accept or use the Service to the date when you terminate (including voluntary termination or involuntary termination due to your violation of relevant agreements, rules, etc.) the Service or all the specific KingDraw Online Service that you have accessed to via the Service.
You have the right to choose to terminate the Service at any time in accordance with the instructions stipulated in Article 4 hereof, after which KingDraw will stop providing the Service to you and close your access to the Service.
The instruction on Auto-Renewal of service fee deduction entrusted by you to Google Play or Apple App Store shall still remain valid before you choose to terminate the Service, and any fees deducted by Google Play or Apple App Store based on such instruction will not be refundable to you and any responsibilities therefrom shall be borne by you.
You can choose to terminate the Services at your sole discretion. If you determined not to continue to use the Service for the next billing period, please operate to terminate the Service at least within 24 hours before the expiry of this on-going billing period.
You agree and undertake not to use the Service to directly or indirectly perform the following behaviors as may be deemed as a violation of national laws and regulations, or contrary to the public order and good customs:
KingDraw reserves the right to supervise your use of the Service periodically, and once any of the aforesaid behaviors is found, KingDraw reserves the right to withdraw your right to use the Service without any compensation to you. Meanwhile, KingDraw will report your behaviors to the pertinent national authority and reserve the right to further claim for compensation for the losses incurred to KingDraw due to your behaviors.
You accept and agree that, prior to obtaining the official written approval of KingDraw, you shall neither use the Service in any fields out of the scope of the KingDraw Online Service, nor perform any direct or indirect behaviors of commercializing the Service (including but not limited to: re-sale, sale, equivalent replacement, etc.). Once you have been proved to be involved in the aforesaid behaviors, KingDraw reserve the right to withdraw your right to use the Service without any compensation to you, and remain the right to further claim for compensation for the losses occurred to KingDraw by your behaviors.
You understand and accept that KingDraw may, in accordance with its business operations, technical upgrade, etc. modify or revise this Agreement. Before making such revision or modification, KingDraw will publish the revised contents on relevant web pages but is not obligated to send further notice to any individual. If you do not agree to the contents revised by KingDraw, you shall, after this Agreement has been revised or modified (i.e. after update time specified in the revised Agreement), stop using any part or whole of the Service. If you continue to use any part or whole of the Service after the Agreement has been revised, it will be considered you have read, understood and agreed to all the contents of the revised Agreement, and any disputes therefrom shall be resolved based on the latest Agreement. KingDraw hereby urges you to periodically review the Agreement at http://www.kingdraw.com/service to know whether the Agreement has been revised and what has been revised.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and KingDraw shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and KingDraw agree to submit to the personal and exclusive jurisdiction of the courts located within California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
