Terms of Service Agreement

ServiceJDC is a management system of field services and a mobile platform created by Mercuries Data Systems Ltd. (hereinafter referred to as “the Company”) on its official website for ServiceJDC (www.ServiceJDC.com). Before you apply for a ServiceJDC account and use its services, you must understand and agree with the Terms of Service Agreement of ServiceJDC.
The term “ServiceJDC” only refers to the services provided on the official website www.ServiceJDC.com. When you use any of its services, it indicates that you have read, understood and agreed to the “Terms of Service of ServiceJDC”;

Account Management
1. When you apply for a ServiceJDC account, you must comply with the relevant laws and regulations of the Republic of China and the provisions and agreements of the “Terms of Service of ServiceJDC”, and guarantee that you will not use the ServiceJDC account for any illegal purposes or in any illegal manner. You will be solely liable if you violate the “Terms of Service of ServiceJDC” and other relevant laws and regulations, or conduct any unlawful or improper acts that infringe other’s rights or cause relevant disputes, and the Company reserves the right to suspend, cancel or terminate the account and service which relates to any aforementioned violation.

2. If you are a minor under the age of 20, your parents (or guardian) must read, understand and agree with all the contents of the “Terms of Service of ServiceJDC” and any of its later amendments before you apply for an account, use, or continue to use this service. When you use or continue to use the service, the Company presumes that your parents (or guardian) has read, understood and agreed to accept all the contents of the “Terms of Service of ServiceJDC” and any of its later amendments.

3. If you are using ServiceJDC on behalf of a company, it means that the company accepts the “Terms of Service of ServiceJDC”. Your company will be liable for any claim, lawsuit or legal action arising out of or relating to the use of ServiceJDC or a violation of the “Terms of Service of ServiceJDC” (including assuming all responsibilities of claims, losses, damages, lawsuits, judgments, costs of litigation and attorneys' fees and any other expenses incurred), and should hold the Company free from any harm or liabilities.

4. You should properly manage relevant information of your account, including: company account, user account, mobile phone number, e-mail, user password and other related login information from leaks, the Company cannot protect users from the risks of leaking account information created by their own acts. When any user enters your account and password in accordance with the prescribed method and your login information, whether or not it is entered by you personally, the Company will presume the person who has logged in is you. You must take full responsibility for the use of your password and all actions taken by your account.

5. If you are not a paying user, you will be listed as a frozen account when there is no login record for more than 30 days (inclusive), and the Company will issue an expiration notice to you. Your account will be closed after 90 days (inclusive) without login records. Data stored on ServiceJDC will be removed from the system. You also agree that the Company is not liable for any damage caused by the deletion of your data.

Paid Service
1. If you require our paid service, details could be found in the payment plans of ServiceJDC. Please follow the terms to complete your payment, and the Company will notify you to activate your paid service after we have confirmed the payment.

2. The Company will inquire by e-mail about whether you would like to renew the contract or not 30 days before the expiration of the service. If you do not apply for a renewal or pay within the specified time, the use of the paid service will be terminated immediately upon expiration, and information related to the storage of ServiceJDC will be deleted 90 days (included) after expiration. You hereby agree that the Company will not be liable for any damage caused by deleting the data.

3. In the event of a fee adjustment, a separate announcement will be made. The next renewal of the fees will be priced according to the new announcement, and the paid account will not be affected by the adjustment of the fee from the day service activated until the expiration of the contract.

4. If you want to apply for the refund for our service, please contact us through the Customer Service Department e-mail. The Company will assign professional personnel to assist you.

Termination or Suspension of Service
Under any of the following circumstances, the Company may suspend or interrupt service without any obligations for compensation:
1. For the service-related system of ServiceJDC, its notices of relevant revisions, updates, and content releases which will be carried out in response to adjustments, program revisions, feature updates, device change, replacement, testing, or maintenance, etc. on its website (www.ServiceJDC.com) shall prevail. The Company shall notify you through e-mail and system announcement two days before the suspension or interruption of service.

2. Anything that should not be attributed to the Company that results in the inability of ServiceJDC to continue providing services, including but not limited to technical issues, unauthorized intervention, fraudulent acts, acts of God, and other force majeure, which may damage or affect the performance, safety, and fairness and reasonableness of the service.

3. To the extent permitted by law, The Company has the right to cancel, terminate, modify, or suspend the services of ServiceJDC, or restrict your use of the services at any time.

Termination of Service
1. If the Company temporarily or permanently terminates the operation of some or all of the services of ServiceJDC due to changes in circumstances or business needs, and has announced and notified you by e-mail 30 days before the scheduled termination date, you may not claim any compensation or raise objection to the termination. Prepaid fees will be refunded proportionally. Please be sure to fill in the relevant information correctly, such as e-mail address, to protect your rights and interests. If you do not receive the aforementioned e-mail due to providing the wrong e-mail address, the Company will not be liable for it.

2. After the service is terminated, the data in ServiceJDC will be permanently removed. The Company is not liable for providing you the retention of your data or related records. You should export the data by yourself before the service is terminated to avoid data loss. The Company will not be liable for any damages if you do not export the data immediately and cause any loss arising from it.

3. If you conduct any of the following acts, the Company has the right to suspend, cancel or terminate services, and delete all relevant information and temporally or permanently ban you from applying to become a ServiceJDC user again:
(1) Using or misappropriating others’ names to register;
(2) Using external programs to maliciously attack the network, data or relevant services of ServiceJDC;
(3) Using external programs to misappropriate or steal user accounts and passwords of ServiceJDC;
(4) Infringing others’ trademarks, patents, copyrights and trade secrets, other intellectual property rights or similar rights.
(5) Distributing derogative remarks or images related to religion, race, gender, violation of public order and good morals, discrimination, intimidations or defamations.
(6) Uploading malware or malicious codes.
(7) Providing or uploading other information related to acts that violate applicable laws and regulations.

4. If the Company terminates or suspends the services provided to you due to the occurrence of the aforementioned acts, there will be no refund; if there is any loss or damage to the Company arising from your aforementioned acts, you shall be liable to pay compensation for the damage or loss.

Rights and Obligations
1. The Company will do its best to protect the security of all information of the user's account, but you must clearly understand and agree that: The Company does not provide any express or implied warranties for ServiceJDC, including but not limited to its complete rights, merchantability, and suitability for a particular purpose and lack of infringements on others’ rights. This service and software is provided on its "current situation" basis and "at the time of use". When you use the service and software, you must bear the risks on your own. The Company does not guarantee the following matters: (i) The service will meet your needs, (ii) The service is uninterrupted, promptly provided, secure, and without errors, (iii) The results obtained from the use of the service and software are correct or reliable, (iv) Any products, services, information or other materials purchased or obtained by you through this service will meet your expectations, and (v) Any bugs in the software will be corrected. It is at your own discretion and at your own risk to download or obtain any information through this service. You waive the rights to claim for damages or losses of data caused by downloading information to your computer system, network access, download or play device from the Company.

2. All intellectual property rights of the contents of ServiceJDC and its website, including but not limited to works, images, documents, information, data, website architecture, website layout, website designs, membership content, etc., are owned by the Company or other rightful owners in accordance with applicable laws, no one may use, modify, reproduce, broadcast, adapt, publish, distribute, restore, decompile, or reverse engineer without their written consent.

3. The Company should not be liable for any damage or lost profit caused by your failure to comply with the “Terms of Service of ServiceJDC”, and in the case where it is permitted by law, the Company should exclude any warranty obligation. If the Company does not take immediate action against any claims, damages and related losses caused by your violation of this Terms of Service, it does not mean that the Company has waived any rights, and it may claim for relevant compensation from you in the future.

4. You expressly understand and agree that under no circumstances shall the Company be liable for any direct, indirect, incidental, consequential, special, derivative or punitive damages, including but not limited to loss of income, profit or expected savings, loss of goodwill, or other intangible losses (even if the Company has been notified of the possibility of such losses) caused by ① The user’s use or inability to use the service; ② Purchase payment for replacement goods and services; and ③ Unauthorized access or modification of your transmission or data by others. The total amount of damages you claim to the Company shall not exceed the total fees paid by you to the Company for using the service during the period.

5. The Company reserves the final rights to interpret any limitations of events or any other provisions related to ServiceJDC.

6. The applicable law of this Terms of Service shall be the law of the Republic of China. If any dispute arises, the parties shall negotiate and settle the dispute in a timely manner. In the case that the parties cannot reach any agreement in the negotiation, either party should file a claim with the Taipei District Court as the court of first instance. However, if the applicable laws have special provisions establishing exclusive jurisdictions, the provisions shall prevail.


Mercuries Data Systems Ltd.
Jun. 22nd, 2016

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