SafeSolar App GDPR-Software Services Agreement

Service Agreement

Last version update date: April 29, 2024

Effective date: May 1, 2024

This service agreement (referred to as "this Agreement") is intended to stipulate your use of the Fonrich Cloud Platform and our mobile applications provided by (Fonrich SafeSolar) (Fonrich (Shanghai) New Energy Technology Co., Ltd. (registered address is Room 103, Building 6, No. 3279 Sanlu Road, Minhang District, Shanghai, email info@fonrich.com)) and other related parties (collectively referred to as "Fonrich") SafeSolar") (collectively, the "Software") and the services that Fengzhi provides to you through this software (referred to as "related services"), the rights and obligations of you and Fengzhi. Before you register an account to use this software and related services, or before you log in to this software for the first time using the account provided by Fengzhi, you must carefully read and thoroughly understand this agreement, especially the terms marked in bold/bold underline (these terms may limit your rights or have a significant interest in you, or may exempt or reduce Fengzhi's liability). You should read it carefully and confirm that you fully understand and agree. If you check "I have read and accept the service agreement" during registration or first login to this software and related services and continue to click the "Register" or "Login" button, you are deemed to have agreed to accept the entire content of this Agreement. This Agreement will constitute a valid contract that continues to be legally binding on you and Fengzhi.

1. Software licensing and service provision

1.1 For the purpose of this Agreement, Fengzhi will grant you a personal, non-transferable, non-exclusive, non-permanent, revocable license at any time during the validity period of this Agreement to allow you to use this software for the purpose of receiving relevant services (referred to as the "Limited Software License").

1.2 For the purpose of this Agreement, the related services provided by Fengzhi to you include but are not limited to: (1) allowing you to remotely monitor (photovoltaic) power stations through this software; (2) providing you with information related to Fengzhi products and services; (3) other services that Fengzhi decides to provide from time to time.

1.3 Fengzhi has the full right to interpret and decide on the type, content, standard, time, method, location and other aspects of the software, its licenses and related services. Fengzhi has the right to unilaterally change, modify or adjust any aspect of the software, its licenses or related services from time to time by updating this agreement or by providing you with advance written notice or other means permitted by law, or from time to time in its sole discretion to suspend or permanently stop providing the software, its licenses or related services or any part thereof, or to unilaterally terminate this agreement from time to time. Taking into account the free nature of this software, related services or limited software licenses, Fengzhi will not assume any form of responsibility for any impact or loss caused to you by the aforementioned changes, modifications, adjustments, suspensions, permanent suspensions or terminations (except for losses caused by Fengzhi due to intentional or gross negligence). You should fully understand and accept the risks brought to you by the foregoing terms, otherwise you should not register/log in and use this software or related services.

2. Fees

2.1 Fengzhi will not charge you any fees for providing you with limited software licenses and related services for the time being, and therefore is not obligated to provide you with any billing, invoice or tax filing assistance. However, Fengzhi has the right to cancel the free service policy from time to time by updating this agreement or by providing you with advance written notice or other legally permitted methods, and change the provision of limited software licenses and related services to a fee-based method. In this case, you have the right to refuse to use any paid software or paid services provided by Fengzhi.

3. Software usage and account cancellation rules

3.1 Your use of this software and related services requires you to prepare relevant terminal equipment by yourself, and you shall bear all costs and expenses related to it (such as electricity bills, network fees, etc.).

3.2 You should properly keep the account you created or the account assigned to you and the password you set or the password provided by Fengzhi, and avoid leaking it to unauthorized third parties. Any losses caused by your failure to properly handle your account and password information shall be borne by you, and Fengzhi does not assume any responsibility.

3.3 If Fengzhi allows you or you intend to share any information in this software with a third party, or assign or sub-license any of your permissions in this software to a third party, you should handle it with caution. Any losses incurred by you in sharing, distributing or sublicensing shall be borne by you, and Fengzhi does not assume any responsibility.

3.4 You should strictly abide by applicable laws and regulations and the requirements issued or updated by Fengzhi from time to time. You are not allowed to upload any form of illegal information to this software, and you are not allowed to infringe any third party's intellectual property rights or other legitimate rights and interests through this software. If there is any violation, any losses arising from your violation of this provision shall be borne by you, and you shall protect Fengzhi from any claims for loss, damage or expenses of any nature made by third parties related to this and shall not be subject to any loss.

3.5 In order to allow you to use this software and receive related services, Fengzhi may require you to provide various types of information, and you should ensure that such information is true, accurate and complete. Any losses arising from the untrue, inaccurate or incomplete information you provide shall be borne by you, and Fengzhi does not assume any responsibility.

3.6 You expressly agree that Fengzhi may display advertisements in the form of marketing emails to the email address you informed us when signing this agreement to market and promote Fengzhi's products and services. If you do not wish to receive e-mail advertising from us, or no longer wish to receive e-mail advertising from us in the future, you may opt-out of receiving e-mails by sending an e-mail to info@fonrich.com at no additional cost beyond the base fee for notification by sending an e-mail.

3.7 If you wish to withdraw from this Agreement or cancel your software account within 14 days from the date of signing this Agreement, you can submit a cancellation application to us by sending an email to info@fonrich.com. Subject to the provisions of laws and regulations and the agreement between us and you, we will cancel your account within 48 hours after receiving such notification. After your account is canceled, we will revoke the limited software license granted to you, stop providing related services to you, and will delete or anonymize your personal data in accordance with legal requirements.

4. Exclusive rights

4.1 “Intellectual Property Rights” means any intangible rights and interests, including, but not limited to, intangible rights and interests evidenced by or embodied in: (1) any software, ideas, designs, concepts, methods, processes, techniques, instruments, inventions, discoveries or improvements, including any patents, patent applications, trade secrets and know-how; (2) any copyrighted work, including any copyright, industrial design or moral rights; (3) any trademark or application thereof, trade name, service mark, trade designation and related goodwill; (4) other proprietary technology or material in which similar rights exist by reason of or pursuant to any law or regulation in force anywhere in the world; (5) Other rights, including Internet domain names, URLs and other identifying information.

4.2 The software and all intellectual property rights related to the software and related services (referred to as "relevant intellectual property rights") belong to Fengzhi. The relevant intellectual property rights that Fengzhi allows you to use are provided "as is", and Fengzhi does not make any express or implied guarantees (including but not limited to non-infringement guarantees, compliance with specific purposes, etc.) with respect to the relevant intellectual property rights. This Agreement shall not be deemed as any rights and interests in relevant intellectual property rights being authorized, licensed or otherwise transferred to you, except for the limited software license agreed in this Agreement.

4.3 All materials (such as records, reports), data, works, upgrades, improvements, results and the rights and interests thereon (including but not limited to intellectual property rights) (referred to as "derivative rights") arising from your use of the software, related services and related intellectual property rights or from the performance of this agreement shall belong to and benefit from Fengzhi unconditionally and free of charge, regardless of whether such use or performance violates the agreement. Fengzhi has the exclusive right to apply for, register, maintain and enforce derivative rights; for this purpose, you shall provide necessary assistance to the extent permitted by applicable laws and regulations, including but not limited to the free transfer of derivative rights to Fengzhi.

4.4 You shall only use the software within the scope of the limited software license stipulated in this agreement. Without the express consent of Fengzhi, you shall not use the relevant intellectual property rights and derivative rights in any way beyond the foregoing scope. In particular, you shall not use the relevant intellectual property rights and derivative rights for purposes other than this Agreement, and you shall not authorize, license, provide for use, transfer, set any encumbrance, dispose of, damage or otherwise infringe the relevant intellectual property rights and derivative rights. Without the express consent of Fengzhi, you may not directly or indirectly perform any of the following actions:

- (1) Reverse engineer, reverse compile, reverse assemble, or otherwise attempt to discover the source code of this software;

- (2) modify, update, upgrade, downgrade, interfere with, destroy or otherwise alter the Software in whole or in part;

- (3) Copy, translate this software (except downloading this software for the purpose of limited software license), or use this software for secondary development to create any derivatives;

- (4) Provide copies or derivatives of the Software to third parties in any way;

- (5) Remove, alter or add any proprietary notices or marks to the Software.

4.5 Fengzhi has the right to check your use of the software and related intellectual property rights and derivative rights, and has the right to require you to make immediate corrections if you have used it improperly.

4.6 Fengzhi does not assume any liability for compensation for this software and related intellectual property rights and derivative rights. You shall indemnify and hold Fengzhi harmless from any claims, losses, damages, expenses and expenses related to the Software and related intellectual property rights and derivative rights arising from your reasons.

4.7 If Fengzhi decides to suspend or permanently stop providing the software, its license or related services or any part thereof, Fengzhi has the right to require you to delete or transfer to Fengzhi any files, documents, data and other materials related to the software and related intellectual property rights and derivative rights. Fengzhi also has the right to use technical measures to directly perform the aforementioned deletion or transfer operations in your storage device or terminal device. This Agreement shall be deemed as your explicit consent and authorization for such operations.

5. Related data and personal information

5.1 Relevant data and information (referred to as "relevant data") other than your personal data (according to the definition of "personal data" in the European General Data Protection Regulation (GDPR)) generated by your use of this software, related services and related intellectual property rights, as well as any rights and interests related to the relevant data, constitute derivative rights and belong to and benefit from Fengzhi unconditionally and free of charge. Fengzhi has the right to collect and use, store, share, disclose and otherwise process relevant data commercially or non-commercially as it deems appropriate without obtaining your consent.

5.2 Fonrich attaches great importance to your right to the protection of personal data. For information on how Fonrich collects, uses, provides externally, publicly discloses, stores or otherwise processes your personal data, please refer to our "Data Protection Statement", see https://www.fonrich.com/privacy-policy-cn.html.

6. Disclaimer

6.1 Due to technical limitations, dependence on network and other infrastructure, the failure of your terminal equipment, possible external malicious attacks, third-party service defects, government actions, force majeure, your possible violation of this agreement and various other factors, Fengzhi may not be able to fully ensure the authenticity, accuracy, completeness, timeliness and security of the information and data provided. You should fully understand these risks and allow Fengzhi to be exempted from any liability resulting from errors, inaccuracies, omissions, delays, leaks, and damage to the information and data provided, unless Fengzhi agrees otherwise or is otherwise required by law.

6.2 Since this software and related services are provided by Fengzhi for free, Fengzhi does not make any express or implied warranty in any aspect of this software and related services. Fengzhi will try its best to ensure that the software and related services can be used stably, sustainably, and effectively, but Fengzhi cannot absolutely guarantee that the software and related services are stable, continuously available, free of quality defects, and can achieve specific purposes. You agree that Fengzhi shall be exempted from any liability arising therefrom.

6.3 If Fengzhi suffers any losses due to your violation of this Agreement or your infringement of Fengzhi's legitimate rights and interests, Fengzhi has the right to demand compensation from you and take all other remedial measures permitted by law. The aforementioned "losses" specifically include (but are not limited to) attorney fees, litigation fees, arbitration fees, notary fees and other related expenses incurred by Fengzhi in seeking compensation or other relief.

7. Others

7.1 The rights you acquire under the terms of this Agreement are non-transferable.

7.2 The formulation, validity, interpretation, execution, jurisdiction and dispute resolution of this Agreement shall be governed by German law. If you are a commercial operator and have any dispute with Fengzhi due to this agreement, Fengzhi and you have the right to file a lawsuit with the court with jurisdiction where Fengzhi is domiciled.

7.3 Fengzhi reserves the right to update or modify this Agreement from time to time. Fengzhi will send you change notifications through emails, letters, telephone notifications, announcements, in-software push, etc. If you receive a change notice but do not agree with the revised agreement, you should immediately notify Fengzhi in writing and stop using the software and related services. Otherwise, you will be deemed to have accepted Fengzhi's modifications to the relevant terms of this agreement. Please note that if you continue to use this software or related services after receiving the change notice, you will be deemed to have accepted Fengzhi's modifications to the relevant terms of this agreement.

7.4 If you have any questions, comments or suggestions about this Agreement, you can contact Fonrich by sending an email to info@fonrich.com.