1 Important Notes

1.1. Your use of any Quectel software, website or services (collectively referred to as “Products or Services”) is subject to the terms entered into between you and Quectel (hereinafter referred to as the “Terms”). “Quectel” means Quectel Wireless Solutions Co., Ltd. and its affiliates (hereinafter referred to as “Quectel”, “we”, “our”, or “us”). The Terms include:

• the terms and conditions in this Quectel Terms of Service (hereinafter referred to as this Agreement);
• the terms and conditions in the Quectel Privacy Policy.
  Before using the Products or Services, you should carefully read both of the documents comprising the Terms, especially the contents marked in bold.

1.2. If you have any uncertainties or questions about this Agreement, please inquire via Quectel’s disclosed contact channels. Quectel reserves the right to modify the terms of this Agreement at any time. You understand and agree that the revised Terms are retroactive. You confirm your acceptance of these Terms by ticking the agree-to-terms checkbox online, or once you start using the Products and Services, and you agree that you have understood and accepted these Terms, and that the Terms shall constitute a legally binding document for you. If you use a certain separate Quectel service, you should abide by the rules and terms of the corresponding service. Such rules and terms form a part of this Agreement.

1.3. You declare that you have full power, capacity, and authority to accept and to fulfill this Agreement. If you are accepting on behalf of your employer or customer, you declare that you have full legal authority to bind your employer or customer to this Agreement. If you do not have the legal authority to bind, please ensure that an authorized person of your employer or customer consents to and accepts this Agreement.

1.4. The Products or Services are mainly for adults. If you are a minor, please read this Agreement carefully with your legal guardian in advance, and use our Products or Services or provide us with your personal information only under the premise of your guardian’s consent.

1.5. You confirm that you are not the subject of trade restrictions and sanctions or the restriction of other laws and regulations of any organization, region, or country.

2 Protection of Personal Information

2.1. Protection of personal information is one of the basic principles that Quectel adheres to. When you use the Products or Services, we may collect and use your personal information, including your location, equipment, and even your identity information, contacts required for parts of functions, and so on. Quectel will collect, store, use and disclose your personal information in accordance with the provisions of the Quectel Privacy Policy. Please read the Quectel Privacy Policy carefully and only use the Products or Services after confirming your consent.

2.2. By using the Products or Services, you confirm that you trust our information processing procedures and agree to the terms of information collection and use stipulated in Quectel Terms of Service and Quectel Privacy Policy.

3 Service Notes

3.1. The Products or Services are provided by Quectel. You understand and agree that Quectel provides Products or Services only in accordance with its current status. Except as expressly provided for in the Terms, Quectel does not make any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular use, or noninfringement. Besides, Quectel is not responsible for any direct, indirect, incidental or consequential loss caused by Products or Services. Quectel reserves the right to unilaterally determine the specific content and form of the Products or Services and related functions and services. Meanwhile, Quectel reserves the right to add, change, suspend and stop the Products or Services and related functions and services at its sole discretion.

3.2. In order to improve the Products or Services, Quectel releases product or service updates in due course. Unless expressly stated, any upgraded or updated version of the Products or Services shall be governed by this Agreement.

3.3. After the new version of Products or Services is released, the old version may not be available anymore. So please download the latest version in time as Quectel does not guarantee the continued use of the old versions.

4 Authorization and Permission

4.1. The content provided by the Products or Services refers to any content provided by Quectel through the Products or Services, regardless of whether the content is created by Quectel or used with permission by other third parties (hereinafter referred to as “related content”).

4.2. You must not use Quectel’s Products or Services (or allow others to use them) for any commercial purpose, thereby directly or indirectly obtaining any form of income. If there are commercial needs, you should sign a separate written agreement with Quectel or obtain prior written permission from Quectel.

4.3. You can download the Products or Services through third parties or some other channels authorized by Quectel. However, if you have not obtained Products or Services from Quectel or a third party authorized by Quectel, Quectel cannot guarantee its normal use and is not responsible for any loss suffered thereby.

4.4. Quectel reserves all other rights not expressly authorized in this Agreement. This Agreement cannot be implied as a permission for you to be granted with any other rights. If you want to exercise other rights, you should sign a separate agreement with Quectel or obtain prior written permission from Quectel.

4.5. Although Quectel will continue to improve the quality of its services, due to various objective or technical reasons, the Products or Services may have limitations. Therefore, the functions and services provided by the Products or Services are for your reference only, please do not use this as the sole basis for your judgment.

5 Service Regulations

5.1. When you use the Products or Services, you should abide by all applicable laws, regulations, rules, regulations, policies, administrative orders and social public order and good customs (collectively referred to as “Laws and Regulations”).

5.2. You will only use the Products or Services as is permitted in this Agreement. Unless you have reached a separate written agreement with Quectel or obtained express permission in an additional clause, in the process of using the Products or Services, you must not implement on your own or authorize/instruct any third party to engage in acts including but not limited to the following:

5.2.1 To modify, copy, release, transmit, publicly display, exhibit, broadcast, reproduce, translate, issue, publish, authorize the Products or Services, create derivative products from the Products or Services, transfer, sell, reverse engineer, decompile, or attempt to extract source code or obtain raw data from the Products or Services or any other parts thereof;

5.2.2 To provide the Products or Services to others for fees or other profits, whether it is in the form of direct, indirect or monetary profits;

5.2.3 To conduct other acts without express permission from Quectel.

5.3. If you violate this Agreement, Quectel reserves the right to take all legal remedies against the violation. Quectel has rights to claim corresponding indemnity if you cause any loss to others due to your illegal actions or violation of this Agreement. The scope of indemnity includes, but is not limited to, fines, compensation, litigation fees, attorney fees, notarization fees, investigation evidence fees, etc. paid by Quectel.

6 Third-Party Services

The Products or Services may contain services from third parties. Whether to access or accept services provided by third parties will be at your discretion. Quectel does not guarantee the availability, authenticity, suitability or reliability of any third-party services. So please weigh prudently whether to use those third-party services. Quectel is not responsible for the potential risk and results that may be caused by them.

7 Intellectual Property Rights

7.1. Quectel owns all legal rights, qualifications and interests of the Products or Services and related content, such as copyrights, trademark rights, patent rights, etc. (regardless of whether these rights are registered or not, and no matter where in the world these rights may be applicable).

7.2. Your agreement to this Agreement and the use of the Products or Services does not involve the transfer of any of the above intellectual property rights, and all of the above intellectual property rights are still owned by Quectel or the corresponding right holders. Without the prior written consent of Quectel and/or the corresponding right holder, you cannot implement, use, transfer or permit any third parties to implement, use, or transfer the above intellectual property rights, nor can you modify, rent, lend, sell, distribute or use any part or all of them whether in the way of making derivative works or otherwise.

7.3. You may not delete, conceal, modify or replace any proprietary rights statements (including but not limited to copyright, trademark rights, patent rights, ownership statements, etc.) attached to or contained in the Products or Services in any ways, nor any copyright signs, trademarks, service marks, logos, business names, domain names, approval numbers, publication numbers, or other obvious signs of Quectel and its partners.

7.4. Unless you have reached a written agreement with Quectel or the corresponding right holder, you cannot use any logo of Quectel or the corresponding right holder. This Agreement does not grant you the right to use Quectel’s product or service marks in any form or purpose, nor do they grant you any rights to use any other Quectel marks or those from third parties.

8 User Content

8.1. You declare and guarantee that you have corresponding and legal rights, permission or authorization for the information (collectively referred to as “User Content”) you have released or uploaded via the Products or Services. Otherwise Quectel can delete or shield such information you provide in accordance with applicable laws or this Agreement.

8.2. For the User Content you provide through the Products or Services, you agree to grant Quectel a perpetual, worldwide, license-free, transferable, sublicensable, irrevocable, and non-exclusive license. You understand and agree that the above license is still valid after you terminate the use of the Products or Services.

8.3. You acknowledge and agree that, despite the above provisions, when you submit or share problem screenshots, error correction information, problem feedback, improvement suggestions, opinions, or similar content to Quectel by means of report, feedback, sharing or any other ways through the Products or Services, all intellectual property rights, ownership rights as well as legal provisions of current or future laws are automatically transferred to Quectel from the time of submission or sharing, and Quectel does not need to pay you any fees.

8.4. You acknowledge and agree that you should adhere to all the Laws and Regulations of People’s Republic of China and the country or region where you are located; be responsible for the authenticity, accuracy, timeliness and completeness of any information you submit through the Products or Services; guarantee that the above information does not infringe the legal rights of any third party or violate any Laws and Regulations; avoid involving in or encouraging infringement or other illegal acts. Otherwise, you are subject to the subsequent liabilities and consequences.

9 Warranties and Guarantees

9.1. Quectel provides the Products or Services in accordance with applicable laws, regulations, rules, norms, policies, mandatory standards, industry standards, etc.

9.2. You acknowledge and agree that Quectel and its licensors do not provide you with express or implied warranties or guarantees for the following items:

9.2.1. The Products or Services conform to your actual or specific needs or purpose;

9.2.2. Timeliness, accuracy, completeness, and precision of the Products or Services;

9.2.3. The Products or Services will be interference-free, non-disruptive, stable, or error-free;

9.2.4. Any results or information obtained from the Products or Services are correct or reliable;

9.2.5. Any errors, problems, malfunctions in the Products or Services will be corrected or resolved;

10 Disclaimer and Limitation of Liability

10.1. The Products or Services may be affected by many factors, containing but not limited to the factors caused by you, the third party, information network service quality, connectivity fault, network equipment or system maintenance, malfunction of computer or communication or other systems, power fault, strikes, riots, fires, floods, storms, explosions, wars, government actions, orders from judicial and administrative agencies, social environment and other force majeure, etc. Except the liabilities explicitly stipulated by Laws and Regulations that Quectel shall undertake, any loss caused to you due to the reasons mentioned in these Terms shall be borne by you, and Quectel shall not be liable for them. In all cases, Quectel shall not undertake any loss or damage that cannot be reasonably foreseen. All liabilities and consequences arising from your illegal use of the Products or Services (violation of Laws and Regulations or this Agreement) shall be borne by you.

10.2. All the Products or Services and its employees should not be held accountable, directly or indirectly, for mistakes, inaccuracies or errors during the information transmission.

10.3. If anyone’s use of information provided by the Products or Services or anyone’s being distributed with such information in any jurisdiction violates the laws or regulations there or causes the Products or Services or its third-party agents subject to any regulatory requirements in that jurisdiction, then he or she will not be authorized to use such information or be distributed with such information. Therefore, users must ensure that they will not be limited to any local regulations that restrict or prohibit users from using or being distributed with information provided by the Products or Services.

10.4. You acknowledge and agree that you are responsible for any third-party’s indemnity claim in the circumstance of using services, violating these Terms or taking any actions with your personal account. If consequently a claim is made against Quectel and its affiliates, employees, customers or partners by a third party, you shall be responsible for handling the claim and shall compensate Quectel and its affiliates for all losses and liabilities incurred.

11 Change, Suspension, and Termination

Quectel is entitled to change, suspend or terminate the supply of the Products or Services with or without notice, and is also entitled to modify, suspend or terminate your use of the Products or Services at any time. If Quectel permanently terminates the supply of Products or Services, Quectel will make a prior announcement on related websites, but please note that you will not be notified individually.

12 General Terms

12.1. The Quectel Privacy Policy published by Quectel is an effective part of this Agreement.

12.2. The Products or Services will not be available in all languages or in all countries. Quectel does not promise the availability of the Products or Services in other countries or regions outside China and prohibits the use of its Products or Services in areas in which they are considered illegal. You confirm that you shall comply with all legal systems for export control that are applicable to this Agreement. You promise not to use the Products or Services for purposes prohibited by applicable laws.

12.3. This Agreement is signed in Minhang District, Shanghai, People’s Republic of China. The entry into force, fulfillment, interpretation, and dispute resolution of this Agreement, and disputes, claims, or other matters between you and Quectel regarding the use of the Products or Services, the content or implementation of this Agreement, shall be governed by the laws of the People’s Republic of China (not including the principles of conflict of laws). Any claim, controversy, or dispute arising out of or in relation to this Agreement shall be exclusively referred to for negotiation and amicable settlement. In the event that no settlement acceptable to the parties can be reached, both parties agree to submit the dispute to the court where this Terms is signed.

12.4. If any of the clauses is in conflict with applicable Laws and Regulations, other clauses of this Agreement shall still have full legal validity.

12.5. The title of this Agreement is defined for convenience only, but without any legal or contractual effect.

12.6. Except as expressly provided by this Agreement and Laws and Regulations, This Agreement does not grant you any other rights.

12.7. For the interest of Quectel as well as its successors and assignees, all the rights and obligations in this Agreement can be transferred by Quectel.

12.8. The English translation (if available) of this Agreement is for your convenience only. The Chinese version determines the relationship between you and Quectel and shall prevail in case of any conflict between the English and Chinese versions of this Agreement.

12.9. Your opinions and suggestions on Products and Services, or this Agreement can be delivered through the contact channels disclosed by Quectel.