- NiHao Cloud

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NiHao Cloud Terms of Service

Effective as of May 18, 2018

*Welcome to NiHao Cloud!

NiHao Cloud is a cloud-based content management and team collaboration platform, which can be accessed through the web with numberless devices of any type and systems (Notebooks, Desktops, Smartphones, Tablets and more).

This document, the NiHao Cloud Terms of Service (“*TOS*”), defines the terms regarding your use of our Platform.

These TOS are a legally binding contract between you and NiHao Cloud.

Please carefully read our TOS and if you do not agree with these TOS, do not register or use our Platform.

By using NiHao Cloud, accessing or browsing NiHao Cloud’s platform, using Services and products including applications, software, websites or other properties owned or operated by NiHao Cloud or his Partners, involved in providing the NiHao Cloud collaboration Platform and/or by registering for an NiHao Cloud account you are agreeing to be bound by these TOS for the Services provided by NiHao Cloud.

If you are using NiHao Cloud on behalf of an organization, you are agreeing to these TOS in behalf of that organization and promising to NiHao Cloud that you have the authority to bind that organization to our TOS, unless other agreements or contracts are existing between NiHao Cloud and your organization.

*1. **PRIVACY *

To operate our NiHao Cloud Platform and provide those collaboration and content management Services, we collect certain information about our Customer. We use and protect those information as described in our *Privacy Policy (https://nihaocloud.com/privacy-policy/*. You agree with your use of our Services that those Services are subject to our Privacy Policy and understand that it identifies how NiHao Cloud collects, stores, and uses certain information.

*2. CHANGES TO THESE T**OS*

We reserve the right to modify these TOS. We will always publish the most current version of our TOS on our Website Nihaocloud.com. If any changes are made to our TOS and related Documents you will be notified either in our NiHao Cloud Platform and/or by E-Mail linked to your account.

If you do not accept the changes, you have to stop using our Platform and Services and cancel your account. If you do continue using our Platform and/or Services, we understand that you acknowledge and agree with the changed TOS and/or related Documents and Materials.

*3. **YOUR ACCOUNT*

To use some of our Services, you may need to register on our Platform by completing and Registration Form. When registering with NiHao Cloud you agree to provide

(I) true Data and information as well as

(II) keeping this information updated, that the remain true at all time you are using NiHao Cloud’s Platform and Services.

You agree and acknowledge that you are entirely responsible for all content, Documents, materials and information that you upload, post or transmit in any way through and or to our Platform and Services The account you are maintaining on our Platform is for you or your organization only. If you become aware of any miss usage and/or unauthorized usage of your account, you should contact NiHao Cloud Support under:privacy@nihaocloud.com . (mailto:privacy@nihaocloud.com.4)

*4. **EMAIL SELECTED FOR YOUR ACCOUNT*

During your registration to certain Services on the NiHao Cloud Platform you will be providing and E-Mail Address to us to be associated with your account.

If the Domain of those E-Mail maybe owned or controlled by an organization, you acknowledge that those organization have the rights to your account and maybe

(I) manage your account, including canceling the account

(II) change the account and/or payment condition

(III) change or reset Passwords

(IV) view and manage the content in this account.

You must maintain a valid and used Email, which is frequently picked up and read. NiHao Cloud does not take any responsibility if any information send by Email, changes of the TOS, related Documents and/or Materials or updates of the System maybe effect your usage of your account, due to not reading and/or ignoring those Emails.

*5. **CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION*

When registering on NiHao Cloud Platform you agree that the related Email provided by on this registration will be used to send information and material related to the usage of our System, but also introducing new features and/or Services of NiHao Cloud.

If you don’t want those Information, you always can unsubscribe our Email Service. You always can

Please acknowledge that “notice” Emails send to you are considered as received and read when the Email is send out.

If you don’t agree to receive those “Notice” Emails, you are obliged to stop using our Platform and/or Services.

*6. **CONTENT*

All Documents in electronic Form uploaded and stored on our Platform are considered and called Content.

All Content uploaded to NiHao Cloud by you into your NiHao Cloud account is yours! We do not control, verify, or endorse the Content that you or other users upload to our Platform.

You are responsible for:

(I) all Content you upload and store your NiHao Cloud account(s) and maybe share through the System and /orServices and

(II) making sure that your rights to the Content, you need are proper.

(II) ensuring that, by storing, using or transmitting any Content you cannot and will not violate any law or these TOS.

You agree to give NiHao Cloud the right to transmit, process, use and/or disclose Content and other information which we may obtain as part of your use of the Services but only:

(I) if necessary for providing the our Services,

(II) as otherwise permitted by these TOS,

(III) as otherwise required by law, regulation or order, or

(IV) to respond to an emergency.

*7. **COPYRIGHT COMPLAINTS AND REMOVAL POLICY*

NiHao Cloud does respects intellectual property and intellectual property right and will respond to proven violation for this rights.

NiHao Cloud reserves the right to disable and/or delete those content of prove property right violations and/or disable and/or delete the account of the violators.

NiHao Cloud respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.

For further help on intellectual property violation, please contact privacy@nihaocloud.com

*8. CONFIDENTIAL INFORMATION*

During your use of the Services, NiHao Cloud may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to NiHao Cloud.

Similarly, we agree that your Content, credit card/banking information and information contained in your account is confidential to you.

Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.

However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.

Lastly, we both agree that:

(i) we will treat each other’s information with the same degree of care that we treat our own confidential information;

(ii) will use each other’s confidential information only in connection with these Terms and the Services;

(iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and

(iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.

*9. CONTENT STORAGE *

The Services are provided from the Asia Pacific (Seoul) . By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the Asia Pacific (Seoul) . However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the Asia Pacific (Seoul)  (subject to applicable law) and that nothing prohibits the processing of other information outside of the Asia Pacific (Seoul) . NiHao Cloud does offer products that enable storage and/or processing of Content outside of the Asia Pacific (Seoul) and those products are subject to the NiHao Cloud Zones specific terms in Section 25.

*10. ACCEPTABLE USE POLICY*

You agree you will not, nor will you encourage others or assists others, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or NiHao Cloud and/or to build a similar service or website. YOU MUST NOT: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or services such as a bots, 3rd party downloading websites such as app stores, video streaming sites, spiders, or periodically caching of information stored by NiHao Cloud) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.

As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.

We also reserve the right to deactivate, change and/or require you to change your NiHao Cloud user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services.

*11. SUSPENSION AND TERMINATION OF THE SERVICE*

We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion. You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.

Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 10. You must make such request within 14 days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period.

*12. UPDATES TO THE SERVICE*

We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.

*13. THIRD PARTY SERVICES*

NiHao Cloud may make available to you optional third-party applications, services or products, for use in connection with the Services (“*Third-Party Products*”). These Third-Party Products are not necessary for the use of the Services and your use (and any exchange of any information, license, payments etc., are between you and the third party provider) is solely between you and the applicable third party provider. NiHao Cloud makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.

If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third party provider.

*14. NiHao Cloud PROPRIETARY RIGHTS *

All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and NiHao Cloud Confidential Information belong to NiHao Cloud, and/or its suppliers, affiliates, or licensors.

NiHao Cloud or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and NiHao Cloud Confidential Information. No title to or ownership of any proprietary rights related to the Services or NiHao Cloud Confidential Information is transferred to you pursuant to these Terms.

If you provide comments, suggestions and recommendations to NiHao Cloud about a Service (e.g., modifications, enhancements, improvements) (collectively, "*Feedback*"), you are automatically assigning this Feedback to NiHao Cloud.

*15. NO WARRANTY OR CONDITIONS *

TO THE EXTENT NOT PROHIBITED BY LAW, NiHao Cloud AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

*16. INDEMNIFICATION*

To the extent not prohibited by law, you will defend NiHao Cloud against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of NiHao Cloud's actions); or (b) violates applicable law or these Terms. NiHao Cloud will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

*17. LIMITATION OF LIABILITY*

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NiHao Cloud, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF NiHao Cloud HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF NiHao Cloud AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

*18. DISPUTE RESOLUTION AND GOVERNING LAW*

The Terms, the use of the Service and all claims arising out of or relating to them will be governed by German law except for its Conflicts of Laws principles and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. All claims arising out of or relating to the Terms or the use of the Service are subject to the exclusive Venue of the courts of Berlin/Brandenburg (Germany).

*19. FREE VERSION*

You can sign-up for a free version and services of NiHao Cloud. If you are on a free version, you may cancel or delete your account at any time. NiHao Cloud keeps the right to freeze or cancel accounts that haven’t been used/opened for more than 365 days. 30 days after cancellation of an account, all Data will be deleted from the System.

*20. FEES*

NiHao Cloud offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("*Fees*") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency NiHao Cloud quoted at the time of purchase. NiHao Cloud reserves the right to change the eligible currencies at any time.

NiHao Cloud reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel via your Paypal Account, cancel subscription to IBB INTERNATIONAL CORP. If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and for the same subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.

*21. BILLING/PAYMENT *

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent NiHao Cloud has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

*22. SUBSCRIPTION PERIOD*

You may select one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):

A monthly subscription plan (“*Monthly Subscription Plan*”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan at least three business days prior to the renewal date.You will be billed on or about the same day each month until such time that you cancel.

An annual subscription plan (“*Annual Subscription Plan*”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan you will not be permitted to cancel, reduce the number of seats, or downgrade the NiHao Cloud Service you have selected until the anniversary date. *Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan. *

If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.

*23. NiHao Cloud SUBSCRIPTION SPECIFIC TERMS *

If you are purchasing a NiHao Cloud subscription plan, the following additional terms apply to you:

You: (a) are required to have a NiHao Cloud account for each user, (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased, (c) are responsible for setting your configurations of the NiHao Cloud Service, and (d) are responsible for managing any of your devices and/or any systems that you use to access the NiHao Cloud Service.

*24. NiHao Cloud PLATFORM PRODUCTS SPECIFIC TERMS *

If you are purchasing any of the Platform products, the following additional terms apply to you:

*PLATFORM PRODUCT SPECIFIC DEFINITIONS:*

*“Content”* means the same specified in Section 6, but includes Content uploaded by Platform Application Users and Platform Service Accounts.

*“Monthly Active User”* or *“MAU”* is a Platform Application User that uses the Service via an API call (made by or on the behalf of the Platform Application User account) at least once in a monthly calendar period.

*“Monthly* *Platform* *API Calls”* is any API call made by a Platform Application to the Service within a monthly calendar period on behalf of: (a) a Platform Application User; (b) a User; or (c) a Platform Service Account, not to exceed your allotted amount. Except as otherwise set forth in an order, excluded from Monthly Platform API Calls are API calls made on behalf of: (i) third party software application integrations that are permitted with your use of the Service; (ii) NiHao Cloud provided applications (e.g., the NiHao Cloud Web App, Seafile Desktop and Mobile syncing apps);

*“Monthly Platform Bandwidth”* is the Platform Bandwidth consumed on a monthly calendar basis by or on behalf of: (a) a Platform Application User; (b) a User; or (c) a Platform Service Account, not to exceed your allotted amount. Unless specified in an order, excluded from Monthly Platform Bandwidth is Platform Bandwidth consumed by: (i) third party software application integrations that are permitted with your use of the Service; (ii) NiHao Cloud provided applications (e.g., the NiHao Cloud Web App, Seafile Desktop Client, Seafile Mobile Apps, etc);

*“Platform Application*” is an application used by or on behalf of you that uses the API for the purposes of access to the Service.

*“Platform Application User”* is a user with a unique identifier that is created and provisioned by you and such user’s access to Content in the Service is governed through the Platform Application.

*“Platform Bandwidth” *is the flow of data to or from the Service as a result of the Platform Application, measured in gigabytes (GB), not to exceed your allotted amount.

*“Platform Product(s)”* is the NiHao Cloud API(s) that provide programmatic access to the Service from a Platform Application, and any additional Platform Product features and functionalities. The Platform Products include certain features that permit a Service Account/User/Platform Application User to view, annotate and comment on Content ("*View*”) if set forth in your order. NiHao Cloud’s APIs, tools and services made available for development of a Platform Application with respect to the APIs are also Platform Product(s).

*"Platform Service Account”* is a non-NiHao Cloud software application with a unique identifier that is created and provisioned by you and your access to Content in the Service is governed through the Platform Application.

“*Platform* *Storage”* is the total amount of Content, measured in gigabytes (unless otherwise specified), stored by or on behalf of all Platform Application Users, Platform Service Accounts and any other users of Platform Products, not to exceed your allotted amount.

*“Platform UseLimit(s)*” is the amount as specified and allocated to you for: (i) Monthly Platform Bandwidth, Monthly Platform API Calls, Platform Storage and number of Monthly Active Users; and (ii) any other applicable usage limits or restrictions.

*“User(s)”* is any person who is permitted by you to access, store, retrieve or manage Content in any account.

If you exceed the Platform Use Limits, additional fees will be due and/or reasonable restrictions may be placed on your account until any such excess usage is adequately eliminated by you.

You may not co-brand any Platform Products or use any NiHao Cloud trademarks, logos, or other NiHao Cloud marks to promote and market the Platform Products without NiHao Cloud’s prior written consent.

You will not, and will make sure that the Platform Application does not and you will not permit use of the Platform Application: (a) to violate these Terms; (b) to perform hidden activities without Platform Application User consent (such as downloading components or other software); (c) that may alter a Platform Application User’s system without permission from the Platform Application User; (d) impersonate, or misrepresent an affiliation with, any person or entity; (e) use in any manner not authorized by a Platform Application User; except as otherwise authorized by a Platform Application User with respect to such Platform Application User’s Content; (f) mine or analyze any Content transmitted to, retrieved from or stored in the Platform Products/the Service (including, but not limited to, through spiders, robots, crawlers, data mining tools, scrapers, or other automated means, or services employing any such means); (g) circumvent any security measures or content filtering devices; (h) use or affect the Platform Products in any manner that could damage, disable, overburden or impair the Platform Products (including, but not limited to, flooding the Platform Products with an excessive amount of data or content); or (i) permit use in connection with any purposes or intended application which involves risks or dangers that could lead to death, serious bodily injury, severe physical or property damage, or use for purposes that otherwise require significant safety precautions (e.g. uses of the Platform Products in connection with operation of emergency services, air traffic control, mass transport systems, or nuclear facilities).

*25. NiHao Cloud ZONES SPECIFIC TERMS *

If you are purchasing the NiHao Cloud infrastructure product that enables the storing of Content in specific Location(s) and by specific Service Provider(s) (“*NiHao Cloud Zones*”), the following additional terms in this Section apply to you.

Subject to the terms in this Section and a purchase of a NiHao Cloud Zones account for each user, NiHao Cloud agrees to store your Content in the specific geographic location(s) named at the time of purchase (“*Location(s)”)* and with the entities providing the geographic storage of Content as named at the time of purchase (“*Service Provider(s)*”).

You understand and agree that: (a) by utilizing NiHao Cloud Zones, the terms of this Section 25 supersede and replace any and all provisions in these Terms regarding the location of Content storage and related controls (but only those terms); (b) the applicable Service is provided from the Asia Pacific (Seoul)  and that for NiHao Cloud Zones, while the Content will be stored and may be partially processed in the Location(s), some processing and metadata storage and processing may continue to be provided from the Asia Pacific (Seoul) ; (c) it is only the Content generated after your purchase and provisioning of NiHao Cloud Zones that will be stored in the Location(s) selected at the time of purchase; (d) certifications of Service Provider(s) may vary based on selected Service Provider(s) and Location(s); and (e) it is your responsibility to configure and properly utilize the applicable Service and NiHao Cloud Zones to address your obligations related to data types and data residency obligations.

In order to maintain NiHao Cloud’s obligations to you for the provision of NiHao Cloud Zones, you acknowledge and agree that NiHao Cloud may change the Service Provider(s) at any time during your Subscription Plan. NiHao Cloud agrees to provide you with at least thirty (30) days prior written notice of such change in Service Provider prior to implementation unless such change is necessary to prevent imminent harm to you, NiHao Cloud, or the Services, in which case NiHao Cloud will notify you as soon as reasonably practicable thereafter.

*26. TRAINING OR CONSULTING SERVICES*

*26. 1 Consulting Services.* In the event you order any professional, educational, operational or technical services (collectively, “*Consulting Services*), the nature, details and duration of the Consulting Services will further described in the data-sheet or statement of work which is referenced.

*26. 2 Deliverables and NiHao Cloud Tools. *NiHao Cloud will own and retains all rights, title and interest in and to the any training materials or other tangible materials provided to you as part of the Consulting Services (each, a “*Deliverable*”) (excluding any of your Confidential Information), and related intellectual property rights. Subject to these Terms, NiHao Cloud grants you a royalty free, limited, non-exclusive, non-transferable and terminable license to use the Deliverables solely for your authorized use of the NiHao Cloud Service during your subscription term. Nothing herein shall be construed to assign or transfer any intellectual property rights in the proprietary tools, libraries, know-how, techniques and expertise (“*NiHao Cloud Tools*”) used by NiHao Cloud to develop the Deliverables and to the extent such NiHao Cloud Tools are delivered with or as part of the Deliverables, they are licensed, not assigned, to you on the same terms as the Deliverables.

*26.3 Consulting Services Warranty. *In regard to Consulting Services only, NiHao Cloud warrants that: (a) it and each of its employees, consultants and subcontractors, if any, have the necessary knowledge, skills, experience, qualifications, and resources to provide and perform the Consulting Services in accordance with the applicable data-sheet or statement of work; and (b) the Consulting Services will be performed in a professional and workmanlike manner in accordance with industry standards and in accordance with the scope of services outlined in the applicable data-sheet or statement of work. You acknowledge that NiHao Cloud’s ability to successfully perform the Consulting Services is dependent upon your provision of timely information, access to resources, and participation as outlined in the applicable Consulting Services. If through no fault or delay of you the Consulting Services do not conform to the foregoing warranty, and you notify NiHao Cloud within seven (7) calendar days of NiHao Cloud’s delivery of the Consulting Services, NiHao Cloud will re-perform the non-conforming portion(s) of the Consulting Services at no additional cost to you.

*27. GENERAL TERMS*

*27.1 Sever-ability; Entire Agreement. *These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.

*27.2 Assignment and transfer. *We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we allow you to do so in writing.

*27.3 Independent Contractors; No third-party beneficiaries. *NiHao Cloud and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

*27.4 Waiver. *The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

*27.5 Government Terms. *If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the NiHao Cloud Service constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

  • Are our Security team informed to ensure they’re aware of their obligations under the GDPR and do they have sufficient resources to implement any required changes or new processes? - Yes.
  • Do we have procedures in place to handle requests from data subjects to modify, delete or access their personal data? Do these procedures comply the new rules under the GDPR? - Yes.  
  • Do we have security notification procedures in place to ensure we meet our enhanced reporting obligations under the GDPR in case of a data breach in a timely manner? - NiHao Cloud Infrastructure is using Amazon GuardDuty – a security service from Amazon AWS featuring intelligent threat detection and continuous monitoring.

The Documentation

  • Do we have a Privacy Policy in place and if so, do we need to update it to comply with the GDPR? - yes we do have a Privacy Policy in Place and have updated it to comply with the GDPR.

  • Do we have a defined policy on retention periods for all items of personal data, from customer, prospect and vendor data to employee data? Is it compliant with the GDPR?- When users delete their accounts from NiHao Cloud and unsubscribe from our marketing mailing lists, NiHao does not keep any email addresses for any further use.
  • In cases where our third party vendors are processing personal data on our behalf, have we ensured our contracts with them have been updated to include those same processor requirements under the GDPR?- Yes, NiHao Cloud ensures that all third parties also complies with GDPR.

Contacting Us

Any questions about this Privacy Notice should be addressed to privacy@NiHaoCloud.com

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