Agreement for the Use of the CF100 Power Platform System(V2.0)

Dear users,

You are invited to use the CF100 Power Platform System. Please make sure to read and fully understand the Agreement for the Use of the CF100 Power Platform System (hereinafter referred to as “the Agreement”) before use, especially the provisions on disclaimer or limitation of liability, licensing of rights and use of information.

By inserting the information as instructed by the registration page, reading and consenting to the Agreement and completing the entire registration procedure, You have fully read, understood and accepted the entire contents of the Agreement, and undertake to be bound by it as a party hereto. If You do not agree with the Agreement or any of its provisions when reading the Agreement, You should immediately stop performing the registration procedure or using the CF100 Power Platform System.

Chapter1:Definitions

1.1 The CF100 Power Platform System referred to in the Agreement consists of the “CF100 Remote Data Transmission Terminal (Cummins part number: 5492423, 5492598)” and the “CF100 Power Platform (domain name: https://telematics.cummins-cq.com and its subordinate domain name)” and includes all such hardware, software, servers and all such data files and information provided on the said servers as necessary for the system to operate.

1.2 “Data” and “Documents” used herein refer to the data and documents from the CF100 Power Platform System.

1.3 “Users” means all users, including natural persons, legal persons or other organizations, that directly or indirectly access and use the website (Software) and related services. Each of them is referred to in the Agreement as “User” or “You”.

1.4 The CF100 Power Platform information (or data) referred to in the Agreement means all power equipment information (or data) collected from certain power equipment through the CF100 Power Platform, as well as information (or data) after secondary (or multiple) processing.

1.5 “Company” and “CCEC” in the Agreement means Chongqing Cummins Engine Co., Ltd.

1.6 “Power Equipment” in the Agreement means certain equipment with any engine manufactured by CCEC, such as generator sets, bulldozers, marine engines, railcars and other industrial equipment equipped with CCEC engines.

Chapter2:Alteration of the Agreement

2.1 CF100 Power Platform is a set of IoT big data systems developed for power equipment. Due to the rapid development and update of the technology, it is impossible for the terms and conditions listed in the Agreement signed between You and the Company to enumerate and cover all your and the Company’s rights and obligations, nor could existing covenants guarantee full conformance to the needs of future development. Therefore, the content of the Agreement shall also include all kinds of rules that have been issued or may be issued and updated in the future by CF100 Power Platform. All rules, once published and pushed by way of messages from the CF100 Power Platform, shall become an integral part of the Agreement and shall have the same legal effect as the body hereof.  

2.2 By continuing to use our Platform Services after the alterations described in Article 2.1 are made, You agree to accept our updated user agreement. Please stop using our Platform products and services if You do not consent to the altered user agreement.

2.3 In order to improve user experience and services, the Company will subject the CF100 Power Platform System to update from time to time (including but not limited to software modification, upgrade, functional enhancement, development of new services, and software replacement). The Platform will advise You of such updates by means of, including but not limited to, system prompt, announcement, inmail. By continuing to use our Platform services, You agree to accept the updated services and functional content. Please stop using our Platform products and services If You do not consent thereto.

Chapter3:Instructions for Use

3.1 As the owner of the intellectual property rights of CF100 Power Platform and the operator of the Platform services, Chongqing Cummins Engine Co., Ltd. will collect, store, access and collate all the information generated from CF100 Power Platform in order to ensure the normal operation of the Platform.

3.2 Although CF100 Power Platform stores data in cloud servers, no server could afford unlimited storage space for the continuous increase of data, therefore the Company will only provide a free storage period of five years (calculated from the generation of data, and accumulated sequentially). Please contact the CCEC marketing team if You have more service requirements.

3.3 The adoption of Internet technologies for the CF100 Power Platform will subject it to government control, policy restrictions, virus invasion, hacker attacks, server system crashes or other technical risks unsolvable so far, therefore, the Company will not assume any responsibility for the losses caused by the above reasons.

3.4 Although the CF100 Power Platform uses the current mainstream wired/wireless communication technology, data transmission failure or loss caused by poor communication environment (such as interference, poor conditions of use, etc.) or operator problems is unavoidable all the same, therefore, the Company will not assume any responsibility for any loss caused by the above reasons.

3.5 The Company will not assume any responsibility for any loss or leakage of data caused by force majeure such as war, political unrest, earthquake, flood, fire and other social or natural disasters.

3.6 In order to protect data security, the Company has the right to shut down the CF100 Power Platform server or take reasonable measures, such as cutting off the use rights of Party B and end-users without notifying the same, to reduce losses when there is an emergency, such as database invasion, server crash, that requires a timely emergency response. However, the Company will notify the Users of the cause of the matter via the platform message in a timely manner afterwards.

3.7 The ownership of the IoT card built in the transmission terminal of CF100 remote data shall belong to the Company. Pursuant to the relevant laws and regulations, no one shall use the IoT card for non-registered purposes, viz., it is strictly prohibited to use the IoT card inside the CF100 Power Platform for any purposes other than the CF100 Power Platform, and any of the Users that takes down and uses the IoT card for any purposes other than the transmission terminal of CF100 remote data will likely be held responsible for corresponding legal consequences in accordance with the law.

3.8 The Company will cooperate in accordance with the law when any State authorities in the exercise of legitimate rights needs any data; and if this leads to any disclosure or public availability of CF100 Power Platform data or any loss caused to any Users, the Company will not bear any responsibility therefor. The Company will do its uttermost to protect the privacy and security of the data without interfering with the exercise of the legitimate rights of such State authorities.

3.9 None of the Users, when using the CF100 Power Platform System, shall tamper with/modify it, including but not limited to decompiling, disassembling or any other reverse engineering of the software.

3.10 The Users, when using the transmission terminal of CF100 remote data, shall comply with the installation and use requirements of the Company in order to avoid data loss or error caused by the wrong operation.

3.11 Any end-user discovering any data leakage or loss shall notify the Company at the first opportunity, so that the Company could take timely measures to reduce the resulting loss as much as possible.

3.12 In order to enable end-users to use CF100 remote data, the operation team of the Company will have to configure the information on the CF100 terminal and power equipment onto the CF100 Power Platform (i.e.: enter the information on each CF100 terminal and its corresponding installed power equipment into the Power Platform and assign different account permissions to such information); in order to ensure that the information on the CF100 terminal is correctly entered onto the Platform, Party B or the end-users shall be required to specify in a timely manner the account permission which should be assigned to such entered information.

In order to protect the rights and interests of Party B and end-users, the Company shall be responsible for the confidentiality of the information under Article 3.12.

3.13 While the operating costs of the CF100 Power Platform shall be for the account of the Company, one of the operating costs that are bound to be incurred is the payment for the use of the IoT card of the operator, therefore, in one of the following circumstances as discovered by the Company:

①the data corresponding to an engine (and generator set or power equipment) shows that it is offline for 3 consecutive months, as recorded by the CF100 Power Platform received by an end-user; or

②the monthly data traffic of the IoT card built in the CF100 Power Platform received by an end-user is less than 3MB for 3 consecutive months,

the Company will check with the end-user of the CF100 Power Platform in writing or by e-mail to confirm whether it is still using the IoT function of the CF100 Power Platform, if it is not, or if the Company does not receive any effective reply within a reasonable time, the Company will disable the IoT of the CF100 Power Platform until the end-user requests to enable it.

3.14 In order to better serve the Users, Users may access and download all kinds of information and documents provided by the Company from the CF100 Power Platform System, provided that they shall only make legal use of the same to the extent authorized by Chongqing Cummins Engine Co., Ltd., otherwise they will bear legal responsibility.

Chapter4:Information/Data Security

4.1 The Company attaches great importance to the security of your information/data and CCEC strives to take various reasonable security measures in the aspects of permission, system and management to protect your personal and equipment information from improper use or unauthorized access, use or leakage.

4.2 The Company will use various technical means such as encryption technology, security controls and cloud server backup to protect your personal and equipment information from malicious theft or loss.

4.3 The Company has a special operation team, a strict data use and access system established for different positions, the practice of security audits on the data, and an emergency response plan; and in case of any data security incidents, we will immediately launch the plan to prevent its expansion.

4.4 It is expected that You will understand that despite the above reasonable and effective measures and the compliance with the standards required by relevant laws and regulations, it is still impossible to 100% guarantee the security of your data due to technical limitations or various reasons as described in Chapter 3. Should You find it unacceptable, You may give up using the CF100 Power Platform, and by continuing to use it, You are deemed to have accepted such risks.

4.5 The Company recommends that You should take measures on your part for personal information security and confidentiality, such as changing the password from time to time, disclosing no relevant information to others, and controlling the permission information of subordinates; should any information leakage, loss or error be imputable to You, the Company will not assume any responsibility therefor.

Chapter5:Contact details of Operation Team

E-mail:telematics@cf100platform.com

Tel:400-810-5252