Terms of Service Agreement (New)


Welcome to the Use of the "ServiceJDC Cloud Service System" (hereinafter referred to as "the System") provided by Mercuries Data Systems Ltd. (hereinafter referred to as "the Company"). Before registering for and using the System, please carefully read and understand the following “ServiceJDC Terms of Service”. By registering for or using the System, you acknowledge that you have read, understood, and agreed to these terms.
The Company reserves the right to amend these terms at any time. The revised “ServiceJDC Terms of Service” will be published on the Company’s official website (www.ServiceJDC.com) and shall take effect from the date of publication. A notification regarding any amendments to the terms will also be sent to your registered email address. If you object to the amendments, you must notify the Company before the effective date to terminate your use of the System. If you continue to use the services after the amendments take effect, it shall be deemed that you have accepted and agreed to the revised terms.

Account Management Policy

1. By applying for a Service DC account, you are obligated to comply with the relevant laws and regulations of the Republic of China (Taiwan) and the terms and agreements outlined in the "ServiceJDC Terms of Service." You warrant and represent that you will not use the ServiceJDC account for any illegal purpose or in any unlawful manner, including but not limited to: Stealing, altering, or destroying the information of others, or unauthorized reproduction and resale/redistribution of others' information, or attempts to and acts of intrusion into any system on the internet; Disseminating computer viruses or any other acts that may interfere with the normal operation of computers; Actions that affect system operation, increase system burden, endanger communications, or infringe upon the rights and interests of other users; Using the System to engage in improper commercial activities.
In the event of any breach of the "ServiceJDC Terms of Service" and related terms or laws, or any unlawful or inappropriate conduct that infringes upon the rights of others, and any disputes arising therefrom, you shall bear full responsibility. Furthermore, the Company reserves the right to suspend, cancel, or terminate the qualification and services of any account involved in such violations at any time.

2. If you are a minor under the age of twenty (20), you may apply for a ServiceJDC account and use or continue using the service only after your parent or legal guardian has read, understood, and agreed to all provisions of the “ServiceJDC Terms of Service”, including any subsequent amendments.
By using or continuing to use the service, it shall be presumed that your parent or legal guardian has read, understood, and consented to all terms of the “ServiceJDC Terms of Service”, as well as any future modifications thereto.

3. If you are using ServiceJDC on behalf of a company, it shall be deemed that the company has accepted the “ServiceJDC Terms of Service”. The company shall be fully responsible for any claims, lawsuits, or legal actions arising from or related to its use of ServiceJDC or any violations of the “ServiceJDC Terms of Service”. This includes, but is not limited to, all liabilities or expenses incurred due to claims, losses, damages, lawsuits, judgments, litigation costs, and attorneys’ fees. The company agrees to indemnify and hold the Company harmless from any such liabilities or expenses.

4. You are responsible for properly managing your account-related information, including but not limited to your company account, user account, mobile number, email address, and password. You must take appropriate measures to prevent unauthorized access to your account and ensure that your login credentials are not disclosed. The Company shall not be liable for any risks or damages resulting from the disclosure of account information due to the user's own actions. Any login to the ServiceJDC system using the correct account credentials (i.e., account ID and password) shall be presumed to have been performed by you, regardless of whether you personally entered the credentials. You shall bear full responsibility for all actions taken under your account. If you become aware of unauthorized use or access to your account, or if any cybersecurity incidents related to the ServiceJDC system occur, you must report the issue via our customer service email (service@servicejdc.com). The Company will assess the situation and notify you of the relevant handling measures within no later than three (3) business days. You may also contact the Company's implementation consultants to track the progress and resolution of the incident.

5. If you are a non-paying user, your account will be classified as a suspended inactive account if there is no login activity for thirty (30) consecutive days, including the 30th day. A notification regarding the account's expiration will be sent to you. If your account remains inactive for ninety (90) consecutive days, including the 90th day, your account will be permanently closed, and all data stored in ServiceJDC will be deleted from the system. By using the service, you acknowledge and agree that the Company shall not be liable for any damages or compensation arising from the deletion of such data.

6. If you wish to delete your registered account, please submit a request via email to our customer service department. A designated representative will process your request accordingly. Upon cancellation of your account, you will no longer be able to log in or access any of our products and services using that account.

Service Descriptions

1. The Company reserves the right to add, modify, or terminate relevant services within the System as necessary, based on business development needs and user service requests.

2. The software and cloud services (SaaS) provided by the System comply with ISO 27001 and ISO 27017 international standards, as well as applicable intellectual property laws and regulations. The Company adheres to its internal management policies (including but not limited to access control management, communication and operations management, and system development and maintenance management). The Company is committed to implementing and enforcing these terms accordingly.

3. The System currently operates on the cloud infrastructure services provided by Amazon Web Services (AWS). To ensure service availability, the System stores your data in AWS Local Zone data centers located in the Asia-Pacific region (Tokyo). The Company commits to performing daily data backups. Backup data is stored separately in backup servers located in Tokyo and Seoul, with a retention period of seven (7) days. Additionally, the Company conducts regular data backup and recovery tests to ensure the integrity and reliability of stored data.

4. The System is committed to protecting your personal data and records related to the use of cloud services. To ensure data security, the system minimizes personal data collection to the extent necessary, protects password with hashing techniques, and implements encryption of data transmission with TLS 1.2 and AES-256 encryption standards. Firewall access controls and network security management, utilizing security features provided by the cloud service provider. Regular monitoring of network traffic to detect and identify any suspicious activities. Additionally, the Company complies with internal management policies and conducts regular security assessments, including vulnerability scans and penetration testing, to ensure the integrity and security of the services provided.

5. The System records user access logs related to cloud service functionalities, including but not limited to: Account login details (account ID, timestamp, and IP address), Accessed features and functionalities, Access results (success or failure). To enhance security, the System implements data access controls to restrict unauthorized access. These logs will be retained for a period of five (5) years for the purposes of security monitoring, performance analysis, and issue troubleshooting.

6. The System provides logging capabilities, which record system logs that include user login-logout activities and timestamps of system function operations. All logs are recorded using Coordinated Universal Time (UTC+8).

7. In accordance with the Company’s Security Incident Management Policy, if a cybersecurity incident occurs that is related to your use of the System, the Company will proactively notify you. The notification will include, but is not limited to scope of the security incident, time of occurrence, contact information for incident response, and remediation measures. The Company will complete damage control or recovery operations within twenty-four (24) hours of the incident. You may also contact the Company’s implementation consultants to track the progress and resolution of the incident.

Paid Services

1. If you require paid services, you must remit payment in accordance with the prescribed payment terms. The Company will activate the service and notify you upon confirmation of payment receipt.

2. The Company will send an email inquiry regarding service renewal at least thirty (30) days prior to the expiration of the service term. If you fail to apply for renewal or remit payment by the due date, your paid service access will be immediately terminated upon expiration. Your account will be converted to a non-paying user account, and your account and any related data stored in ServiceJDC will be handled in accordance with Section 5 of the Account Management Policy.

3. In case of a service charge adjustment, the Company will provide a separate notification. The revised pricing will apply to the next renewal payment. However, any active paid account will not be affected by the fee adjustment until the current service term expires and is renewed.

4. If you have any refund requests, please send an email to our customer service inbox (service@servicejdc.com). A designated representative from the Company will handle the matter accordingly.

Temporary suspension of service operations

In the event of any of the following circumstances, the Company may suspend or interrupt the service without incurring any liability for compensation:

1. Service suspension in response of service adjustment, software updates, functionality upgrades, equipment migration, replacement, testing, or maintenance, any related modifications, updates, or content releases will be announced. Party A will be notified via email and a system announcement at least two (2) days prior to the suspension or interruption of service.

2. Any circumstances beyond the Company’s control that prevent the continued operation of ServiceJDC, including but not limited to technical issues, unauthorized interference, fraudulent activities, natural disasters, or other force majeure events, may result in damage or disruption to the service. Such events may affect the security, fairness, impartiality, and reasonableness of the service's operation.

3. To the extent permitted by law, the Company reserves the right to cancel, terminate, modify, or suspend ServiceJDC at any time, or to limit your access to the service.

Termination of Service

1. If the Company temporarily or permanently ceases part or all the operations of ServiceJDC due to changes in circumstances or business needs, it will announce the termination 30 days in advance and notify you via email. You shall not dispute or request any compensation. Any prepaid fees will be refunded on a pro-rata monthly basis. You are required to ensure that your email address and other relevant contact information are correct in order to maintain your rights. The Company shall not be held responsible if you fail to receive notifications due to incorrect contact information.

2. Upon termination of the service, all data within the ServiceJDC system will be permanently removed. The Company shall not be responsible for providing records related to data retention or backups. You are advised to export your data prior to service termination to prevent data loss. The Company shall not be liable for any losses incurred due to your failure to export data in a timely manner.

3. The Company reserves the right to suspend, cancel, or terminate your service, delete relevant information, and temporarily or permanently prohibit you from re-registering as a user of ServiceJDC if you engage in any of the following actions:
(1) Registering using or impersonating another person's identity.
(2) Using external programs to maliciously attack the ServiceJDC network, data, or related services.
(3) Using external programs to steal user account credentials (usernames and passwords) from ServiceJDC.
(4) Infringing upon the intellectual property rights of others, including trademarks, patents, copyrights, trade secrets, etc.
(5) Distributing content related to religion, race, gender, or other materials that violate public morals, or engaging in discriminatory, threatening, defamatory, or degrading language and imagery.
(6) Uploading viruses or malicious code.
(7) Any other content that violates laws and regulations.

4. The upload function provided by the System is solely intended to assist field personnel in uploading photos required for their work and should not be used for other purposes. Any files, images, videos, music, and other materials uploaded through this cloud service must ensure that they do not infringe upon third-party intellectual property rights, including copyrights, patents, trademarks, trade secrets, or any other proprietary rights, to avoid liability for infringement or violations of the law.

5. If the Company suspends or terminates the service due to your actions as described above, any fees you have paid will not be refunded. Furthermore, if your actions cause damage to the Company, you will be liable for compensation for such damages.

Rights and Obligations

1. The Company will make reasonable efforts to protect the security of all content within user accounts. However, you explicitly understand and agree that the Company provides ServiceJDC without any express or implied warranties, including but not limited to warranties of completeness, merchantability, suitability for a particular purpose, and non-infringement of third-party rights. This service and software are provided on an "as-is" and "as-available" basis. By using this service and software, you assume all associated risks. The Company does not guarantee the following:(i) that the service will meet your requirements; (ii) that the service will be uninterrupted, timely, secure, reliable, or error-free; (iii) that the results obtained from using the service and software will be accurate or reliable; (iv) that any products, services, information, or other materials obtained through this service will meet your expectations; (v) that any errors in the software will be corrected.
You are solely responsible for assessing the risks of downloading or obtaining any data through the service. The Company shall not be liable for any damage to your computer system, network access, or downloading or playback equipment, or any data loss caused by downloading such materials. You waive your right to make any claims or take legal action against the Company related to these damages.

2. All materials and content on ServiceJDC and its website, including but not limited to works, images, files, information, data, website structure, website layout, web design, and member content, are owned by the Company or other rights holders in accordance with applicable intellectual property laws. Without prior written permission, no person may use, modify, reproduce, publicly broadcast, alter, distribute, publish, perform reverse engineering, decompile, or disassemble any part of the content.

3. Any activity you conduct through this system that involve the collection, processing, or use of third-party personal data must fully comply with the Personal Data Protection Act and other relevant regulations. You shall bear all responsibility for such activities.

4. The Company shall not be liable for any damage or lost profits resulting from your failure to comply with the “ServiceJDC Terms of Service”. To the fullest extent permitted by law, the Company disclaims all warranty liabilities. In the event of any litigation, compensation, or related damage arising from your violation of these Terms of Service, the Company's failure to take immediate action shall not be deemed a waiver of any rights, and the Company may still seek relevant compensation from you in the future.

5. You explicitly understand and agree that, under any circumstances, the Company shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or derivative damages, including but not limited to: ① Loss of revenue, profits, or anticipated savings, damage to reputation, or other intangible losses resulting from your Use or inability to use the service; ② the cost of purchasing substitute goods or services; ③ Unauthorized access or alteration of your transmissions or data by third parties, even if the Company has been informed of the possibility of such losses. The total amount of damages you may claim from the Company shall not exceed the fees you have paid to the Company for using the service during the service period.

6. The Company reserves the final right of interpretation regarding any activity restrictions or limitations related to ServiceJDC.

7. The governing law of these Terms of Service shall be the laws of the Republic of China (Taiwan). In the event of a dispute, both parties shall promptly attempt to resolve the matter through negotiation. If negotiation fails, either party may file a lawsuit with the Taiwan Taipei District Court as the court of first instance. However, if there are any special provisions of law regarding exclusive jurisdiction, such provisions shall apply.

Mercuries Data Systems Ltd.
March 31, 2025