Terms of Realsee Service
Please read the Terms of Service ("the Terms ") carefully before using Realsee’s Website and any of Realsee's products, software, applications and functions (collectively referred to as "Realsee’s Service"), in particular the terms that exempt or limit Realsee's liability. If you use Realsee Service, you shall be deemed to have accepted the terms and any policies or guidelines quoted therein. If you do not accept the terms, you shall immediately cease to use Realsee Service. You are bound by the terms when you fill in information as prompted on the account registration page and acknowledge your consent to this agreement or actually use Realsee Service in any other manner permitted by Realsee.
1. Universality
Realsee Service is owned and operated by Tianjin Xiaowu Information Technology Co., Ltd and its associated entities ("Realsee" or "we"). Realsee reserves the right to revise and update any of the terms at any time in its sole discretion without prior notice to you, and such changes will be effective in the future. Therefore, you should visit this page periodically to learn about changes. However, Realsee will not materially reduce your rights under the terms without your express consent. If you do not agree to any change in the terms, you shall immediately cease to use Realsee Service. You will be deemed to accept such changes if you continue to use Realsee Service after the changes are published.
2. Prohibited activities
You should not engage in any of the following prohibited activities while using Realsee Service. If you engage in any of the following prohibited activities and cause any third-party damage, you shall be solely liable and fully indemnify Realsee for any losses sustained by Realsee. Moreover, you further agree that Realsee shall have the right, in its sole discretion and without prior notice to you in accordance with its own judgment, the notice of third parties or the need to comply with the laws and regulations, choose, in whole or in part, to: delete information content published by you; suspend or terminate your license to use Realsee Service and the corresponding technical services, including, but not limited to, restrict, freeze or terminate your Realsee account, where you shall bear all consequences of the inability to use Realsee account; and resort to administrative law enforcement agencies or judiciary authorities to investigate corresponding legal responsibilities.
1) Send, upload, make public or transmit in any other way any unlawful, infringing, harmful, harassing, defamation, threat, hatred, discrimination, violence, fraud, vulgarity, pornography or other objectionable images, words or other content to or through Realsee Service;
2) Forge identity or association in any way;
3) Promote or sell any product/service (unless you have a separate agreement with Realsee) or distribute spam marketing information;
4) Interfere with or impair the operation of Realsee Service;
5) Violate any applicable laws and regulations; and
6) Assist or permit any person to participate in the above activities.
3. Information transmitted by users
You are solely responsible for any information you transmit to or through Realsee Service (or transmit to us by email). You agree and warrant that any information you transmit to or through Realsee Service (or any information you transmit to us by email) is true, accurate, non-misleading and provided in good faith and that you have full right or authorization to transmit such information. Realsee has the right to monitor all actions on Realsee Service and content transmitted to Realsee Service in accordance with the provisions of applicable laws (but without any obligation beyond the provisions of the applicable laws). Certain information collected by Realsee Service from you may be subject to Realsee's Privacy Policy or a separate agreement between you and Realsee. You should understand that, unless otherwise specified in Realsee's Privacy Policy or in the separate agreement between you and Realsee, you grant Realsee an irrevocable, permanent, worldwide royalty-free license transferable/sublicensed to Realsee associated entities, to use, copy, transfer and distribute spatial images and data that you transmit to or through Realsee Service for machine learning without payment to you or others.
4. Realsee account
After you acknowledge your consent to the terms and complete the account registration process, Realsee will provide you with a uniquely numbered Realsee account. Realsee reserves the right to refuse to provide the account, close the account and terminate the service in its sole discretion, unless otherwise specified in the separate agreement between you and Realsee.
You are responsible for the security of your Realsee account, login password, payment password (if any) and verification code and for the actions conducted and content transmitted through your account. Unless otherwise specified in the applicable laws or in the separate agreement that you enter into with Realsee, your Realsee account shall not be transferred, borrowed, gifted or inherited in any way (other than property interests related to the account), and your login password, payment password (if any) and verification code shall not be provided or disclosed to any third party. Otherwise, you shall be solely liable and fully indemnify Realsee or any third party for any losses sustained by Realsee or any third party. If you discover that any person is using your Realsee account improperly or in any other circumstances that may endanger the security of your Realsee account, you shall immediately notify Realsee to suspend or freeze the relevant service. You should understand that Realsee takes reasonable time to take action in response to your foregoing request, and that Realsee shall not be liable for any consequences (including, but not limited to, any loss to you) that may have occurred prior to taking such action.
If you have a valid authorization from your agency, you can apply to Realsee to create an agency account on behalf of the agency. You may need to provide your agency name, country/region, agency size, agency email, position and laws and regulations or other information required by a separate agreement between Realsee and the agency, so that we can review your application, and create an agency account and its administrator permissions for you, allowing you to manage the agency account through the administrator permissions, including creating use rules of your agency and adding/reducing agency employees. If you use Realsee's agency service as an administrator or employee of your agency, in addition to complying with the terms and the separate agreement between Realsee and the agency, you shall ensure that Realsee's agency service is used only for the work designated by your agency.
5. Limitation of liability
1) Due to the foresight of the technology, the height of the shooting equipment, and the inevitable artificial errors, housing images, house structures, inner sizes and actually measured areas collected and generated by Realsee through the 3D reconstruction technology, as well as colors, textures, and sizes of 3D models of various spatial objects, may have a small deviation, or may not be fully consistent with your visual experience in person. Realsee does not encourage or allow anyone to use it as a basis for making decisions on transactions or non-commercial objectives. Please refer to the property ownership certificate or professional surveying and mapping results. We will also make efforts to eliminate such errors or inconsistencies through technological progress.
2) We particularly remind you that, although Realsee has examined basic qualifications and past business conditions of our partners or customers to the best of our ability, since we are not a professional institution in the relevant fields, Realsee cannot make any commitment or guarantee for the words, behaviors, products and services of our partners or customers. Quotations, offers, commitments and conditions provided for you by the partners or the customers shall be examined and considered by you, and professional opinions shall be sought when necessary. Realsee has not provided any opinions or suggestions on the handling of these quotations, offers, commitments and conditions.
3) Unless otherwise specified in the separate agreement between you and Realsee, Realsee Service is provided "as is" without any form of warranty. To the extent permitted by the applicable laws, Realsee does not provide any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that functions on Realsee Service will be free of interference or error-free, that defects will be corrected, or that Realsee Service will be free of viruses or harmful ingredients. We make no statements or warranties as to the correctness, accuracy, reliability, attainable results or other use or results of Realsee Service. If the applicable laws do not permit the exclusion of implied warranties, this section may not apply to you.
4) To the extent permitted by the applicable laws, in no event, including, but not limited to, negligence, shall Realsee be liable for any consequential, exceptional, punitive, special, incidental or other consequential damages, even if Realsee has been informed of the possibility of such damages. Realsee's full liability to you shall not exceed the lesser of the total amount paid to Realsee during the six (6) months prior to the claim and $300. If the applicable laws do not permit limitation or exclusion of liability, this section may not apply to you.
6. Indemnity
Unless otherwise specified in the separate agreement between you and Realsee, You will indemnify, defend and hold harmless Realsee, its affiliated entities and their respective directors, senior executives, employees and agents to protect them from any claim, demand, action, investigation or other proceedings (including, but not limited to, all damages, losses, liabilities, judgments, rulings, costs and expenses (including attorney fees) brought by any third party for the following reasons:
1) you use Realsee Service;
2) you are in breach of the terms; or
3) any information or material you submit to Realsee violates any applicable laws, contracts with third parties or infringes the rights of any third parties. Without Realsee's prior consent, your settlement of any claim shall not cause Realsee to be liable or to suffer losses.
7. Security
You shall not infringe or attempt to infringe the security of Realsee Service, including, but not limited to, using unauthorized data or accessing unauthorized servers/accounts; accessing public computer networks or others' computer systems without permission and deleting, modifying or adding stored information; attempting to probe, scan, and test, without permission, vulnerabilities of Realsee Service system or network or other activities to undermine network security; attempting to interfere with or destroy the normal operation of Realsee Service system or website, intentionally spreading malicious programs or viruses and other behaviors of damaging or interfering with normal network information services; forging TCP/IP packet name or partial name; interfering with or attempting to interfere with, by using any device, software or routine, the normal operation of Realsee Service or any activity carried out through Realsee Service; and taking any action that will result in an unreasonably large data load on network equipment of Realsee Service. Any such violation may result in criminal and/or civil penalties for you. Realsee will investigate any suspected or suspicious illegal acts. If criminal violations are suspected, we will cooperate with the investigation of administrative law enforcement agencies or judiciary authorities.
8. Minors
Realsee serves the general public and we will not voluntarily collect any information of minors under the applicable laws. If you are a minor under any applicable law or under the age of 18, you may use Realsee Service only with the written authorization of your parent or guardian. If you violate this section, Realsee reserves the right to refuse to provide the account, close the account, terminate the service and delete the content in its sole discretion.
9. Privacy
Your personal information and privacy provided through Realsee Service will be governed by Realsee's Privacy Policy.
10. Intellectual property rights
All trademarks, trade names, logos or service marks contained in Realsee Service, whether registered or not, including, but not limited to, "Realsee", are the exclusive rights of Realsee or its partners and customers. You may not copy, download or otherwise use any of such trademarks, trade names, logos or service marks without the prior written consent of the owner concerned.
Materials and information published on Realsee Service (including, but not limited to, codes, texts, charts, logos, button icons, images, videos, sound file fragments, digital downloads, data editing and software) shall be the property of Realsee or its content providers under the protection of applicable laws. Compiling of all contents contained in Realsee Service is the exclusive property of Realsee under the protection of applicable laws, and all software are the exclusive property of Realsee or its software providers under the protection of laws. Unless otherwise specified in a separate agreement between you and Realsee, any browsing, copying, printing, dissemination and other acts through Realsee Service shall not be for commercial purposes, and any reprinting, dissemination or reproduction of materials and information and other content published on Realsee Service shall include a statement of rights and liabilities designated by Realsee.
Unless otherwise mandatory by applicable laws, no person may in any way, in whole or in part, illegally copy, disseminate, display, mirror, upload, download, reprint, quote, link, grab or otherwise use the information or content of Realsee Service without further written permission of Realsee.
11. Protection of rights
Realsee always attaches great importance to the protection of rights and complies with applicable laws. Therefore, if the right holder finds that any user infringes his/her legitimate rights and interests by using Realsee Service, the right holder has the right to submit a notice of right to Realsee by written communication in advance. If the statement of the notice of right is not true, the right holder shall bear all the legal liabilities caused thereby (including, but not limited to, compensation for various expenses and attorney fees). Where Realsee removes the content in accordance with the aforesaid notice of right, the content provider of the removed content may, by means of written communication, send a counternotice to Realsee that the removed content does not infringe the legitimate rights and interests. After a counternotice is given, Realsee may restore the removed content unless the removed content clearly violates the applicable laws, and shall not be liable for such restoration. If the statement of the counternotice is inaccurate, the counternotice submitter shall be liable for all legal liabilities arising therefrom (including, but not limited to, compensation for various expenses and attorney fees). The aforesaid notice of right and counternotice shall be sent in writing to the following email address: realsee.mkt@ke.com, and Realsee may further request written materials and information from you or the content provider of the removed content to prove its claim.
12. Termination
Realsee reserves the right to refuse to provide the account, close the account and terminate the service in its sole discretion, unless otherwise specified in a separate agreement between you and Realsee. If required by any applicable law, Realsee will retain records of information transfer and other login use operations during your use of Realsee Service. Where you violate the law or the terms during your use of Realsee Service, Realsee will retain records of such actions until you are actually held responsible.
13. Jurisdiction
We do not declare and warrant that Realsee Service is suitable or available anywhere else. Unless you enter into a separate agreement with Realsee, your choice to use Realsee Service from anywhere else is voluntary and you should ensure that your use of Realsee Service or use of Realsee Service to handle any business does not violate local laws. Any content or information contained in Realsee Service may in no way be re-exported or re-provided to a resident of a country or region under embargo by the United States Government or controlled by its Government, or an entity in a country or region controlled by its Government, and any resident or entity on a list of nationals and blocked persons specially designated by the Treasury Department or any other lists of persons whose transactions are prohibited or restricted by the United States Government. If you uses Realsee Service, you declare and warrant that you are not located in the foresaid country or region, do not reside in the foresaid country or region, are not controlled by the government of the foresaid country or region, are not an entity of the foresaid country or region, and are not owned in whole or in part by a resident or entity on any such list.
The terms shall be governed by and construed in accordance with the laws of the People's Republic of China, with the exception of any conflict of laws. Any dispute or claim arising out of or in connection with the terms shall be made only in a court of competent jurisdiction in Beijing, China. If any provision of the terms is held to be illegal, invalid or unenforceable, that provision shall be deemed to be separate from the terms and shall not affect the validity or enforceability of any other provisions. Any policy or guidance quoted in the terms is a part of the terms and constitutes an entire agreement with the terms.