MagicHub Open Source Community User Agreement

Effective Date: June 23, 2021

Preamble

Welcome to conclude this MagicHub Open Source Community User Service Agreement (hereinafter referred to as this “Agreement”) with Beijing Magic Data Technology Co., Ltd. (hereinafter referred to as “Magic Data”), the operator of “MagicHub Open Source Community”, and use the MagicHub Open Source Community.

You should read this Agreement carefully before you click “agree” in the registration process. Please read carefully and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, application of laws, and dispute resolution. The terms of exemption or limitation of liability will be underlined in bold type, which you should focus on. If you have any questions about this Agreement, you can contact MagicHub Customer Service through the contact information shown on the website.

When you fill in the information, read and agree to this Agreement according to the registration or login page, and complete all the registration procedures, it means that you have fully read, understood, and accepted all the contents of this Agreement, and reach an agreement with the MagicHub Open Source Community operator to become the “user” of the MagicHub Open Source Community. In the process of reading this Agreement, if you disagree with this Agreement or any of these terms, you shall stop the registration procedure.

If you do not complete the applicable registration process, you can still browse the MagicHub Open Source Community website, but cannot download and use the Dataset Products listed in the MagicHub Open Source Community (hereinafter referred to as the “Products”).

If you are under the age of 18, be sure to read this Agreement accompanied by your parents and/or other legal guardians and obtain the prior consent of your parents and/or other legal guardians prior to any act like registration, submitting data, or use of any Products in the MagicHub Open Source Community.

1. MagicHub Open Source Community

MagicHub Open Source Community (hereinafter referred to as “MagicHub Open Source Community” or Open Source Community) refers to the website of https://MagicHub.io/cn and related clients (including mobile applications, web pages, etc.).

2. Agreement Subject

This Agreement is concluded jointly by you and the Open Source Community Operator Magic Data (hereinafter referred to as “We”), and it has the same legal effect on you and us. This Agreement includes the original Agreement, the Privacy Policy. When you use a specific product in the Open Source Community, the product may have separate rules and use requirements (hereinafter referred to as “rules”). All rules that have been published or may be published in the future by the Open Source Community shall be an integral part of this Agreement and shall have the same legal effect as this Agreement.

The operator of Open Source Community may change according to the business adjustment. After the change, the operator will perform this Agreement with you and provide you with Products. The change of the operator of Open Source Community will not affect your rights and interests under this Agreement. Open Source Community operators may also add new Products due to the provision of new Open Source Community Products. If you use the new Products, it is deemed that you agree that the new Open Source Community operators will jointly perform this Agreement with you. In case of dispute, you can determine the subject of performance and the other party of the dispute according to the specific Products you use and the specific behavior objects that affect your rights and interests.

3. Account registration and use

3.1 User Qualification

You confirm that before you start the registration process to use the MagicHub Open Source Community Products, you should be a natural person (minors over 16 years old, whose primary source of living is their own labor income, are regarded as a full civil capacity person), legal person or other organization with corresponding civil capacity. If you do not have the above subject qualification, MagicHub Open Source Community has the right to refuse your registration/use application; If you have registered, MagicHub Open Source Community has the right to restrict your account accordingly, and you and your parents or legal guardian (hereinafter referred to as “Guardian”) shall bear all consequences arising therefrom; If your behavior causes losses to the MagicHub Open Source Community, the MagicHub Open Source Community reserves the right to claim compensation from you and your guardian.

3.2 Account Description

When you fill in the information, read and agree to this Agreement according to the registration page, and complete all the registration procedures, you can obtain the MagicHub Open Source Community account and become a MagicHub Open Source Community user. The MagicHub Open Source Community allows only one MagicHub Open Source Community account per user.  If there is evidence to prove or we judge according to the rules of the MagicHub Open Source Community that you have improperly registered or used multiple accounts of the MagicHub Open Source Community, the MagicHub Open Source Community can freeze or close the account, refuse to provide services and other measures, and if you cause losses to the MagicHub Open Source Community and related parties, you should also be liable for compensation.

3.3 Account Use

You have the right to log in to the MagicHub Open Source Community using the Open Source Community account name you set or confirmed and the password you set up (the account name and password collectively called the “Account”).

Because your MagicHub Open Source Community account is associated with your personal information and MagicHub Open Source Community provides product information, your MagicHub Open Source Community account is only for your personal use. Your direct or indirect authorization of third parties to use your account or to obtain information under your account is invalid without the consent of the MagicHub Open Source Community. If we judge that the use of your MagicHub Open Source Community account may endanger the default identification procedures and standards agreed upon in the MagicHub Open Source Community Rules, the MagicHub Open Source Community may refuse to provide the corresponding product or terminate this Agreement.

You shall be responsible for all the results of our actions under your account.

3.4 Account Transfer

Your user account, login password, payment password, if any, cannot either transfer, borrow, gift, inherit, display or sell on a third-party platform unless required by law or directed by an administrative judicial authority with the consent of the MagicHub Open Source Community. Otherwise, you shall be responsible for all losses (including the MagicHub Open Source Community and any third party) caused by this.

3.5 Real-name authentication

As the operator of the MagicHub Open Source Community, in order to make you better use of the services of the MagicHub Open Source Community and ensure the security of your account, we can require you to complete the real-name authentication according to the requirements of the MagicHub Open Source Community and the laws and regulations of our country.

3.6 Registration Information Management

When using the MagicHub Open Source Community service, you should provide your information (including your name and email address, contact number, contact address, etc.) accurately and completely according to the tips of the MagicHub Open Source Community page, so that other users or we can contact you. You understand and agree that you have an obligation to maintain the authenticity and validity of the information you provide. The account name of MagicHub Open Source Community set by you shall not violate the national laws and regulations and the management regulations of member name in the rules of MagicHub Open Source Community; otherwise, we can recover your account name of MagicHub Open Source Community. The recovery of the account name of the MagicHub Open Source Community does not affect you to log in to the MagicHub Open Source Community by email or mobile phone number and use the MagicHub Open Source Community service.

You should update the information you provide in a timely manner. As the MagicHub Open Source Community service provider, it is required by law to verify the information of some users. We will check and verify your information from time to time in accordance with the law. You should cooperate in providing the latest, accurate, complete, and effective information. If we fail to contact you according to the information you provided, you fail to provide the information in time according to our requirements, the information you provide is obviously untrue, or the administrative and judicial authorities verify that the information you provided is invalid, you will bear all the losses and adverse consequences caused to you, others and us. We can send you a notice of inquiry or request for rectification and require you to re-certify until we suspend or terminate the provision of some or all of the MagicHub Open Source Community Products to you. We are not responsible for this.

3.7 Account Security

Your account is set up by you and kept by you. We will not ask you to provide your account password at any time. Therefore, it is recommended that you take good care of your account and make sure that you log out at the end of each online session and leave the MagicHub Open Source Community with the correct steps. We are not responsible for the losses and consequences caused by your active disclosure or by other people’s attacks and fraud. You should recover from the infringer through judicial, administrative, and other relief channels.

If you find any unauthorized use of your account to log in to the MagicHub Open Source Community or other circumstances that may cause your account to be stolen or lost, you are advised to inform us immediately. You understand that we need a reasonable time to take action on any of your requests. Except for our legal fault, we do not bear any responsibility for the consequences that have occurred before we take action.

4. Open Source Community Products

You have the right to search and browse your Products associated with you and use them for scientific research and/or application research purposes in the MagicHub Open Source Community.

4.1 Search for and Browse the Products

We will release Products in the Open Source Community that you can browse or download after logging into the Open Source Community:

4.2 Matching the Products

We will match the right Products for you through algorithms based on the personal information you provide.

5. Personal Information

We attach great importance to the protection of your personal information (that is, the information that can identify the user’s identity independently or in combination with other information). When you use our Products, you agree that we will collect, store, use, disclose and protect your personal information in accordance with the privacy policy published on the MagicHub Open Source Community. We hope that we can clearly introduce to you how we handle your personal information through the privacy policy. Therefore, we suggest that you read the privacy policy completely to help you better protect your right to privacy.

6. Third-party link

The MagicHub Open Source Community may contain links to other websites or resources. We have no right to control, review or modify the contents, privacy policies, and activities of the above websites or resources. In general, we are not responsible for the links to other website services or resources, unless otherwise specified by law. We recommend that you carefully read the terms of service and privacy policy before leaving the MagicHub Open Source Community and visiting other websites or resources.

7. User’s breach of this Agreement

7.1 Determination of breach of this Agreement

In case of any of the following circumstances, it shall be deemed as your breach of contract:

(1) Violations of relevant laws and regulations when using MagicHub open-source community Products;

(2) Violation of this Agreement.

7.2 In order to meet the needs of users for high-quality Products, you understand and agree that we can stipulate the procedures and standards for determining a breach of contract in the rules of the MagicHub Open Source Community. For example, we can determine whether you constitute a breach of contract according to the relationship between your user data and other user data; You have an obligation to provide sufficient evidence and reasonable explanation for your abnormal data; otherwise, it will be deemed a breach of contract.

7.3 Treatment measures for breach of this Agreement

(1) If the acts you take in the MagicHub Open Source Community or are not implemented in the MagicHub Open Source Community but affect the MagicHub Open Source Community and its users constitute the breach of this Agreement, we can deduct points from your account and suspend providing part or all services to you according to the corresponding rules. If your behavior constitutes a fundamental breach of contract, we can seal up your account and terminate the provision of Products.

(2) When your acts to be determined as a breach of this Agreement associate with the risk of endangering the security of other people’s accounts or the other specific circumstances such as fraud, selling fake, embezzling other people’s accounts, we will take compulsory measures such as canceling the account authority and canceling the account according to the risk degree of your behavior.

(3) We can publicize the information of the measures to deal with your breach of contract and other illegal activities confirmed by the effective legal documents of the national administrative or judicial organs on the MagicHub Open Source Community.

7.4 Liability for compensation

(1) If your behavior causes us or our affiliated companies to suffer losses (including direct economic loss, goodwill loss, compensation, settlement payment, lawyer’s fees, litigation costs, etc.), you should compensate our affiliated companies and us for all the above losses.

(2) If your behavior causes us or our affiliated company to suffer from a third party’s claim, our affiliated company or we can recover all losses from you after assuming the obligation of money paid to the third party.

8. Special Agreement

We control and provide MagicHub Open Source Community Products through facilities in the people’s Republic of China. We do not guarantee that the Products controlled or provided are appropriate and feasible in other countries or regions. Any user who uses or downloads MagicHub Open Source Community Products in other jurisdictions shall ensure that they comply with local laws and regulations. The Open Source Community of MagicHub shall bear the corresponding responsibilities under the specific provisions of the law.

9. Change of Agreement

We will modify and supplement this Agreement in accordance with the changes of national laws and regulations and the needs of the Products of MagicHub Open Source Community. The supplementary or changed Agreement (hereinafter referred to as “changes”) will be notified to you in the way specified in Article 10 of this Agreement.

If you do not agree with the change, you should stop using the MagicHub Open Source Community Products from the effective date of the change; If you continue to use the MagicHub Open Source Community Products after the change takes effect, it is deemed that you agree to the effective change.

10. Notification

10.1 Contact information

When you register as a MagicHub Open Source Community user and accept the Products of the MagicHub Open Source Community, you should provide us with real and effective contact information (including your email address, contact number, contact address, etc.). If the contact information changes, you are obliged to update the relevant information in a timely manner and keep the contact status. The member account (including sub-account) generated by you when you register users of the MagicHub Open Source Community to log in to receive messages and system messages in the receiving station of the MagicHub Open Source Community is also your effective contact information. We will send you all kinds of notices through one or several of your above contact information, and the contents of such notices may have a significant positive or negative impact on your rights and obligations. Please pay attention to them in a timely manner.

10.2 Notification

We will send a notice to you through the above contact information. The written notice sent by electronic means, including but not limited to the announcement in the Open Source Community of MagicHub, sending SMS to your contact number, sending email to your email address, sending system message and station message to your account, will be deemed as delivered after successful sending; A written notice sent by the paper carrier shall be deemed to have been delivered on the fifth natural day after it is mailed according to the contact address provided.

11. Termination of the Agreement

11.1 User termination scenario

You have the right to terminate this Agreement by either of:

(1) When you cancel your account through MagicHub Open Source Community self-service when you meet the account cancellation conditions published by MagicHub Open Source Community;

(2) Before the change takes effect, you stop using the Open Source Community and express your unwillingness to accept the change;

(3) You express that you do not want to continue to use the Products of MagicHub Open Source Community, and you meet the termination conditions of MagicHub Open Source Community.

11.2 Terminations implemented by us

In case of the following circumstances, we may terminate this Agreement by giving you notice in the manner specified in Article 10 of this Agreement:

(1) You breach this Agreement, and we terminate this Agreement in accordance with the default clauses;

(2) You have embezzled other people’s accounts and other serious violations. We will seal up your account according to the rules of the MagicHub Open Source Community;

(3) In addition to the above circumstances, because you have repeatedly violated the relevant provisions of the MagicHub Open Source Community rules and the circumstances are serious, we will seal up your account according to the MagicHub Open Source Community rules;

(4) Your account is recovered by us under this Agreement;

(5) Other circumstances that should terminate the service.

11.3 Treatment after the termination of the Agreement

(1) Upon termination of this Agreement, we have no obligation to disclose any information in your account to you or any designated third party, except as expressly provided by law.

(2) Upon termination of this Agreement, subject to the Privacy Policy, we have the right to preserve all kinds of information retained in the MagicHub Open Source Community, and we may still hold you for breach of this Agreement.

12. Others

12.1 The conclusion, effect, interpretation, amendment, supplement, termination, execution, and dispute settlement of this Agreement shall apply to the mainland laws of the People’s Republic of China, referring to business practices and/or industry practices.

12.2 Your disputes arising from the use of MagicHub Open Source Community Products and related to MagicHub Open Source Community Products will be resolved in consultation with you. If the negotiation fails, either party may bring a lawsuit in the people’s court with jurisdiction where Magic Data is located.

12.3 Any provision of this Agreement has been invalid by the People’s Court having jurisdiction and shall not affect the validity of the other provision or any part thereof, and you and we shall still perform in good faith.

12.4 All titles of this Agreement are only for the sake of being eye-catching and easy to read. They have no actual meaning and cannot be used as the basis for interpreting the meaning of this Agreement.

Thanks again for your patient reading!