1. Introduction
These Terms of Service form a legal agreement between you and Kunming YingDeng Trading Co., Ltd., operating as YingDeng. They govern your access to and use of our website at https://www.yingdeng.autos and the computer systems design and related services that we provide.
YingDeng is a provider of computer systems design and related services, specialising in computer integrated systems design. Our work covers systems architecture, software engineering, data integration, cloud and infrastructure, embedded systems, and security and compliance. These terms set out the rules that apply whenever you visit our website, contact us, or engage our services.
Please read these terms carefully before using our website or services. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to you. If you do not agree with these terms, you should not use our website or services.
2. Acceptance of Terms
By accessing or using our website, by contacting us, or by engaging our services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service and by our Privacy Policy, which is incorporated into these terms by reference.
If you are using our website or services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. In that case, the words you and your refer to that entity.
If you do not agree to these terms, you must stop using our website and services immediately. Continued use of the website after we post changes to these terms will be treated as acceptance of the updated terms, as described in the section on changes below.
3. Definitions
The following definitions apply throughout these terms. The words we, us, and our refer to Kunming YingDeng Trading Co., Ltd. The words you and your refer to the individual or entity using our website or services. Services means the computer systems design, integration, engineering, and related services that we provide.
Website means the website located at https://www.yingdeng.autos and any subdomains or pages operated by us. Content means all text, graphics, code, designs, and other materials available on the website or delivered through our services. Client Content means any materials, data, or information that you provide to us in connection with our services.
Agreement means the contract formed between you and us when you engage our services, comprising these terms together with any statement of work, proposal, or order form that we agree in writing. Where a signed written agreement exists, that agreement will control to the extent of any conflict with these terms.
4. Our Services
We provide computer systems design and related services, including but not limited to systems architecture, custom software engineering, data integration, cloud and infrastructure engineering, embedded and IoT systems, and security and compliance services. The specific scope of any engagement will be described in a written proposal, statement of work, or order form.
We will perform the agreed services with reasonable skill and care, using appropriately qualified personnel. Unless otherwise agreed in writing, any dates or timelines we provide are estimates based on the information available at the time and are not guaranteed delivery dates.
We reserve the right to modify, suspend, or discontinue any part of the website or our services at any time, and we may update the content of the website from time to time without notice. We will use reasonable efforts to give notice of material changes to services that you have already engaged.
5. Eligibility
Our website and services are intended for businesses and for individuals who are at least 18 years old and who are able to form legally binding contracts. By using the website or engaging our services, you represent that you meet these requirements.
We do not knowingly provide services to individuals under the age of 18, and our website is not directed at children. If you are under 18, you may not use our website or services. If we become aware that a user is under 18, we may restrict or terminate that user access without notice.
6. Accounts and Responsibilities
Certain features of our website or services may require you to provide information such as your name, email address, and company details. You agree to provide accurate, current, and complete information and to keep that information up to date.
You are responsible for maintaining the confidentiality of any credentials or access details issued to you, and for all activity that occurs under your account. You agree to notify us promptly if you become aware of any unauthorised use of your account or any other breach of security.
You are responsible for ensuring that you have all necessary rights, licences, and consents in relation to any Client Content you provide to us, and for ensuring that your use of our services complies with all applicable laws and regulations.
7. Acceptable Use
You agree not to use our website or services in any way that is unlawful, harmful, fraudulent, or that infringes the rights of any third party. In particular, you agree not to attempt to gain unauthorised access to our systems, to interfere with the operation of the website, or to use the website to transmit any virus, malware, or other harmful code.
You agree not to copy, scrape, or systematically extract content from the website for use elsewhere without our prior written consent, and not to use the website to send unsolicited commercial communications. You agree not to reverse engineer, decompile, or disassemble any part of the website or the systems we deliver, except as permitted by applicable law.
We may investigate any suspected violation of these terms and may cooperate with law enforcement authorities in that investigation. We may suspend or terminate your access to the website or services if we reasonably believe that you have violated these terms.
8. Intellectual Property
All content on our website, including text, graphics, logos, designs, and software, is owned by us or by our licensors and is protected by intellectual property laws. You may view and use the website content for your personal, non-commercial use, but you may not reproduce, distribute, or modify that content without our prior written consent.
Unless otherwise agreed in writing, we retain ownership of all pre-existing materials, tools, frameworks, and know-how that we use or develop in the course of providing our services. You retain ownership of your Client Content and, subject to any contrary agreement, of the specific deliverables we create for you.
Upon full payment of the agreed fees, and unless the applicable statement of work states otherwise, we will assign or license to you the rights in the deliverables specified in that statement of work. Nothing in these terms transfers ownership of our general methodologies or of third party software that may be incorporated into a deliverable.
9. Client Content
You grant us a limited, non-exclusive licence to use, copy, and process your Client Content to the extent necessary to provide the services you have engaged. This licence lasts for the duration of the engagement and any agreed support period.
You represent that your Client Content does not infringe the intellectual property rights or other rights of any third party, and that you have obtained all necessary consents for us to process that content. You remain fully responsible for the accuracy and legality of your Client Content.
We will not use your Client Content for any purpose other than providing the services unless you agree otherwise in writing. We take reasonable measures to protect Client Content, as further described in our Privacy Policy.
10. Confidentiality
Each party agrees to keep confidential the non-public information disclosed by the other party in connection with the services, including business plans, technical information, and Client Content. Confidential information may be used only for the purpose of performing the services and may not be disclosed to third parties except as required by law or with the disclosing party consent.
These confidentiality obligations do not apply to information that is or becomes publicly known through no fault of the receiving party, that the receiving party already knew before disclosure, that is independently developed, or that is required to be disclosed by law or a competent authority.
The confidentiality obligations in this section survive the termination of these terms for as long as the information remains confidential, and in any event for a period of three years following termination.
11. Fees and Payment
The fees for our services will be set out in the applicable proposal, statement of work, or order form. Unless stated otherwise, fees are quoted exclusive of any applicable taxes, which will be added where required by law. You are responsible for paying all fees when they become due.
Unless otherwise agreed, invoices are payable within the period stated on the invoice. We may suspend or withhold services if payment is overdue, and we may charge interest on overdue amounts at the rate permitted by applicable law or at a reasonable rate if no law specifies one.
Any third party costs we incur on your behalf, such as hosting or software licence fees, may be passed through to you as agreed in writing. We will seek your approval before incurring any significant third party cost on your behalf unless that cost is expressly included in the agreed scope.
12. Warranties and Disclaimers
We warrant that we will perform the services with reasonable skill and care in accordance with the agreed scope. Except for this warranty, the website and services are provided on an as is and as available basis, and we make no other warranties, express or implied, regarding the website or services.
We do not warrant that the website will be uninterrupted, error free, or free of harmful components, or that the results obtained from the services will meet every expectation. We do not warrant the performance or reliability of any third party products or services that may be used in connection with our services.
To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent not expressly stated in these terms.
13. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or in connection with these terms, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or in connection with these terms, whether in contract, tort, or otherwise, will not exceed the total fees paid by you to us in the twelve months preceding the event giving rise to the claim, or the amount specified in the applicable statement of work, whichever is lower.
Nothing in these terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit to be limited.
14. Indemnification
You agree to indemnify and hold harmless Kunming YingDeng Trading Co., Ltd., its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the website or services, your Client Content, or your breach of these terms.
This indemnity does not apply to the extent that the claim arises from our own negligence or wilful misconduct. We will notify you promptly of any claim that may be subject to this indemnity and will reasonably cooperate with you in the defence of that claim.
15. Term and Termination
These terms apply from the date you first access our website or engage our services and continue until terminated. You may stop using the website at any time. Either party may terminate a service engagement in accordance with the termination provisions set out in the applicable statement of work or order form.
We may suspend or terminate your access to the website or services immediately if you breach these terms, if we are required to do so by law, or if continuing to provide the services would create a security or legal risk. Upon termination, any fees accrued and unpaid remain payable.
Provisions of these terms that by their nature should survive termination, including those relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law, will survive termination.
16. Third Party Services
Our website and services may reference or integrate with third party products, services, and websites. We do not control and are not responsible for those third party offerings, and your use of them is subject to their own terms and policies.
Where we recommend or integrate a third party service on your behalf, we do so as a convenience and without warranty. Any issues with third party services should be raised with the relevant third party, although we will reasonably assist you in coordinating with them where our services depend on those integrations.
17. Governing Law
These terms and any dispute arising out of or in connection with them will be governed by and construed in accordance with the laws of the People Republic of China, without regard to its conflict of law principles.
The parties will first attempt to resolve any dispute through good faith negotiation. If a dispute cannot be resolved through negotiation, the parties may pursue resolution through the courts of competent jurisdiction or through arbitration as agreed in writing in the applicable statement of work.
Nothing in this section limits your rights under any mandatory consumer protection laws that may apply to you in your jurisdiction of residence.
18. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, our practices, or applicable law. When we make changes, we will revise the last updated date at the top of this page.
Where changes are material, we will take reasonable steps to bring them to your attention before they take effect. Your continued use of the website or services after changes take effect will constitute acceptance of the updated terms.
If you do not agree to the updated terms, you should stop using the website and services and contact us to discuss any ongoing engagement.
19. Contact Information
If you have any questions about these Terms of Service, or if you need to contact us for any reason, please reach out using the details below. We aim to respond to all inquiries within one business day.
- Kunming YingDeng Trading Co., Ltd.
- Room 1201, 12/F, Yunlu Building, 391 Xihua North Road, Xishan District, Kunming - 650000, China (CN)
- Email: touch@yingdeng.autos
- Phone: +18285258563
- Website: https://www.yingdeng.autos
For notices related to legal matters, please include the phrase Legal Notice in the subject line of your email so that we can route your message promptly.