CNFANNI Terms of Use
Effective date (last updated): 26 April 2024
Welcome to our website, digital services and applications, as well as the products listed below (collectively the "Digital Platform" and "Products"). The Digital Platform is operated by.CNFANNI Electric Co., Ltd. ("CNFANNI", "we", "our" or "the Company").
CNFANNI Electric Co., Ltd. is a company registered in China with the registration number: 91330382075347797R. The inquiry website is: http://www.gsxt.gov.cnOur registered office and local representative information are listed on the "Contact Us" page.
These "Terms of Use" Agreement outlines the terms and conditions applicable to accessing digital platforms and products linked to this agreement, including the use of the CNFANNI websitehttps://www.fndianqi.com, our monitoring systems, applications, and products featuring interactive features connected to our digital platform. Certain components of our digital platform and products (such as specific services or functionalities) may require additional terms and conditions, which will be separately disclosed to you and serve as supplements to those specified in this agreement.
This Agreement is a legally binding contract between you and CNFANNI regarding your use of the Digital Platform and Products.
By accessing or otherwise using digital platforms and products, including browsing our website and accessing our systems and applications (including using our products), you agree to be bound by the terms of this Agreement and our Global Privacy Policy, but only to the extent of your use of these digital platforms and products. If you do not agree with these Terms of Use or any part of the Global Privacy Policy for the digital platforms, you may not use the applicable sections of these digital platforms and products.
1. Your use of digital platforms
When you use a digital platform, you represent and warrant the following.
a.Any information you submit is true and accurate.
b. You will provide accurate personal information. When you interact with us or use the digital platform, you are prohibited from using false information or impersonating others or companies.
c. If you have registered an account with us, please update your contact information so that we can contact you.
d. Your use of the Digital Platform and your use of the services provided on the Digital Platform does not violate any applicable laws or regulations and does not constitute an illegal, deceptive or fraudulent act.
e. If you register an account with us, you are at least 18 years of age, and if you register or use the digital platform on behalf of an enterprise, you have the right to agree to this Agreement on behalf of that enterprise.
f. You will comply with the rules governing the use of interactive features of the digital platform set out in section 2 below.
g. You shall assume full responsibility for any activity on any registered account or personal profile. If you share your account with others, you shall be responsible for all activities.
h. You shall not transmit chain letters, mass emails or spam, or interfere with, disrupt or improperly burden digital platforms or networks or services connected to digital platforms, including but not limited to hacking digital platforms, or using digital platforms to send unsolicited or commercial messages, announcements, comments or other communications.
i. You shall not use the Digital Platform for any unauthorized purposes, including but not limited to collecting other users' user names and/or email addresses electronically or otherwise to send unsolicited emails or other electronic communications, selling data on the Digital Platform, or participating in building or linking to the Digital Platform without our express written consent.
j. You shall not sell or allow others to use your digital platform password or registration information, provide false or misleading identity or address information, violate the privacy of any person or entity, or violate personal, confidential or proprietary rights.
k. You shall not intentionally transmit, send or upload any material containing viruses, Trojan horses, worms, time bombs, keyloggers, advertising software or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware.
l. You shall not crawl, crawl or spider any page of the Digital Platform, or reverse engineer the Digital Platform or attempt to obtain its source code.
You also represent and warrant that you will comply with all applicable local laws governing your online conduct and the information you provide or submit to the Digital Platform.
2. Interactive function management rules
Digital platforms may provide features that allow you to share information and data with us and other users. Please be sure to read our Global Privacy Policy, which provides important information about your online privacy and how we use the information collected about you (including your personal data).
2.1 Information provided or submitted to the digital platform
You accept full responsibility for the content of any information you provide or submit to the digital platform and for any damage caused thereby. By submitting information, you represent and warrant that:
a. You own or have sufficient rights to provide or submit information on or through a digital platform.
b. You shall not provide or submit information that infringes upon the rights of CNFANNI or any other person or entity, including intellectual property and other ownership, confidentiality rights and contractual rights or obligations.
c. You have fully complied with any third-party license relating to such information and agree to pay all royalties, fees and other costs owed to any individual or entity for providing or submitting such information to the Digital Platform.
d. You shall not provide or submit the following information:
① Defamation, destruction, disruption, illegal, intentional inaccuracy, pornography, vulgarity, indecent, profanity, hatred, racial or ethnic offense, obscenity, indecent, obscene, threats, violence, harassment or other objectionable content;
② Inciting, encouraging or threatening to cause bodily harm to other groups or individuals;
③ Promoting racism, prejudice, gender discrimination, religious intolerance or injury to any group or individual;
④ Contains material that seeks or attempts to seek the personal information of any person under the age of 18 or sexually or violently exploits any person.
e. You will not provide or submit information that contains advertising or solicits anyone to buy or sell products or services (other than our products and services).
f. You shall not provide or submit information or take any other action that constitutes, contains, installs, attempts to install, or promotes spyware, malware, or other computer code, whether on our or third-party computers or devices, including technology specifically designed to enable you or others to collect information about another party or monitor their online or other activities.
2.2 System data, monitoring data and personal data
Depending on how you use digital platforms and products, we may collect various system data and monitoring data that may contain personal information or be considered as such under applicable data protection regulations. System data typically refers to information we obtain from your products, including product-specific details (such as product identification data). Monitoring data generally covers performance metrics of your products, including energy production, consumption, and usage statistics. For more details about system data, monitoring data, personal data, and how to exercise your rights regarding personal data, please refer to our Global Privacy Policy.
3. Intellectual property
3.1 Reservations and limited licenses
CNFANNI, its affiliates, and/or third parties retain all intellectual property rights in the digital platforms and products, including any software or code embedded in the products that may be updated, fixed, or enhanced from time to time (hereinafter referred to as "embedded software"). Pursuant to the terms of this Agreement, each digital platform and product is granted a limited license (hereinafter referred to as "limited license").
Regarding product terms, the limited license is non-exclusive, granting exclusive rights to install, register, configure, and use embedded software exclusively for products initially installed by CNFANNI or its designated personnel. This license is non-transferable and cannot be assigned to other systems or devices. Without explicit written authorization from CNFANNI, neither the embedded software nor any portion thereof may be transferred from products to other systems or devices.
In the case of digital platforms, a limited license grants limited rights to use the digital platform, which can only be used for installing, registering, configuring and using the related products, as well as accessing the digital platform through devices and applications authorized by CNFANNI. A limited license is not transferable.
You may download or print copies of materials provided through the digital platform for personal use, such as those related to purchasing, installing, maintaining, or supporting products. However, you must retain all copyright, trademark, and other proprietary notices contained in the materials. Unless expressly authorized in writing by CNFANNI, you may not use the materials for any commercial purposes. You agree not to circumvent, disable, or otherwise interfere with security-related features of the digital platform or products, nor to prevent or restrict the functionality of using or reproducing any materials, or impose other restrictions on the use of the digital platform, products, or materials. Furthermore, you agree not to access the digital platform through any means other than those provided by us, unless separately authorized in a written agreement.
CNFANNI does not provide or transfer any other rights to products or intellectual property within the digital platform (whether through sales, offers for product sales, access to the digital platform, or other means). The intellectual property retained by CNFANNI, its affiliates, and/or third parties includes but is not limited to: (1) inventions, patents, designs, algorithms, and other industrial property rights; (2) works including exclusive usage rights, copyrights, moral rights, and mask works; (3) trade secrets; (4) trademarks and brand names; (5) other intellectual property and ownership rights of various types and natures, whether arising from legal enforcement, contractual agreements, licenses, or other means; and (6) all applications, registrations, grants, renewals, extensions, combinations, continuations, divisions, and reissues of the aforementioned rights.
3.2 Grant us permission to use your information and feedback
By providing or submitting information to the digital platform (including system data and monitoring data), you grant us a worldwide license that is permanent, non-exclusive (meaning you retain the right to use, sell, or share the information), full payment, royalty-free (meaning we don't pay you for using the information), sublicensable (we can grant others rights to use the information, such as hosting companies, utility providers, or other purchasers), and allows us to use, modify, create derivative works, publicly perform and display, copy, distribute, and disseminate the information. You agree not to claim any moral rights or publicity rights against us for using your information.
If such information contains your personal data, it will be processed in accordance with our Global Privacy Policy. Please refer to the Global Privacy Policy for details about your rights regarding personal data and how we use it, including how to contact us if you have any questions or wish to exercise your data rights. If we are not authorized to use your personal data, we will remove any such personal data from system and monitoring systems before utilizing them.
By submitting any ideas, opinions, criticisms, improvement suggestions, or other feedback (collectively "Feedback") related to any elements of the product or digital platform, you hereby grant CNFANNI royalty-free, perpetual, irrevocable, global, non-exclusive, and sublicensable rights to use, distribute, reproduce, modify, adapt, translate, publicly perform, create derivative works, publicly display, communicate to the public, or otherwise utilize the Feedback in whole or in part, and/or incorporate it into other works. This is intended to provide tips, techniques, and feedback to other clients, as well as to improve the product and digital services.
CNFANNI accepts each granted right. Each granted right shall remain valid after the termination of this Agreement.
4. Use and protection of your account and password
You are responsible for keeping confidential any account and password you may have when registering an account or accessing products on our digital platform. You are solely responsible for all use of your account, whether or not you have given explicit authorization. We may restrict account registration to qualified users only.
5. Our management of digital platforms and user misconduct
a. Our Digital Platform Governance: We may (but are not obligated to): (a) monitor or review whether digital platforms violate this Agreement or comply with our policies; (b) report to law enforcement agencies and/or take legal action against individuals violating this Agreement; (c) deny, restrict access or availability, or remove/disable (to the extent technically feasible) any information (or parts thereof) provided or submitted that may violate this Agreement, laws, our policies, or is deemed excessive in scale or burdensome; (d) manage the digital platform in a manner designed to protect our and third parties' rights and property or ensure the proper functioning of the digital platform.
b. Data Usage and Sharing: We need to be able to use data received from you or any products, systems, or devices you connect to or represent you in connecting to our digital platform. Applicable systems and devices include, but are not limited to, photovoltaic (PV) systems, inverters, batteries, and electric vehicle chargers. We may receive this data directly from you or your systems/devices, or indirectly through third parties providing monitoring services or devices. This data may be displayed through our digital platform, including our monitoring website and applications. It may include energy consumption and production information, energy usage data, battery storage information, fault information, precise geographic or address data, revenue information, and hardware/software information. We may share this data with third parties to provide monitoring and reporting services. These third parties include monitoring equipment manufacturers, monitoring service providers, system installers, distributors, operations and maintenance providers, government regulators, and utility companies. We may also provide or sell data to third parties not connected to the monitoring system in aggregated form (without identifying sources). For more information on how we collect and use your personal data, please refer to our Global Privacy Policy.
c. Our Right to Suspend or Terminate Access: Without prejudice to any other terms of this Agreement, we reserve the right to unilaterally deny access to and use of the Digital Platform and/or any Digital Platform Account by any individual, without prior notice or liability, for any reason whatsoever (including but not limited to) breach of any representations, warranties, or commitments under this Agreement, or violation of applicable laws or regulations. When necessary, we may also migrate the Digital Platform to alternative domain names or indefinitely shut down the Digital Platform.
d. Risk of Injury: Please note that interacting with strangers (including those who may pose false identities) carries risks, including but not limited to physical harm. Exercise caution when selecting information to post on digital platforms and sharing details with other users. We do not encourage posting full names, phone numbers, or street addresses publicly on these platforms. User-generated content and contributions uploaded to digital platforms are not subject to prior review. While this agreement contains prohibitive clauses, such content may contain offensive, harmful, or inaccurate information that could be flagged as inappropriate or deceptive. You assume all risks associated with viewing such content and communicating with other users through digital platforms. We urge you to exercise caution and apply common sense when using these platforms.
e. Third-Party Websites: The digital platform may contain links to third-party websites ("Third-Party Websites"). We neither own nor operate these third-party websites. Our review of materials (including products or services) on third-party websites is limited, and we do not provide any warranties or guarantees regarding the accuracy, adequacy, non-infringement, or applicability of such materials. Unless explicitly stated by us, the availability of these links on the digital platform does not represent, warrant, or imply our endorsement of any third-party website or its content, opinions, products, or services. Third-party materials accessed through these websites may also be protected by copyright laws and other intellectual property regulations. This Agreement does not apply to your use of third-party websites. You should review the terms and conditions, privacy policies, and all other website documents of third-party websites, and ensure you understand the applicable laws, policies, and practices when accessing these sites.
f. Trademark and Copyright Policies: If you upload materials or otherwise infringe the copyright or trademark rights of CNFANNI or others, we may terminate your account and access to the digital platform without prejudice to any other rights we may have.
6. Account closure
This Agreement is updated or amended from time to time and remains fully effective during your use of the Digital Platform.
We may terminate, disable, or suspend your account (and any related accounts) and your access to any digital platform at any time for any reason without prior notice. If we take such action, you no longer have contractual or legal rights to continue using the digital platform.
If you have an account, you may terminate it at any time for any reason through contact
[email protected]. If you or CNFANNI terminate your access to the digital platform, you may lose any information associated with your account.
The terms of this Agreement (including any rights granted) shall remain in force even if your access to the Digital Platform is terminated (including by CNFANNI) or your use of the Digital Platform is otherwise terminated.
7. Term, termination and continuation of the agreement
You may terminate this Agreement by sending a termination notice to
[email protected] by email.
You may terminate this Agreement at any time without prior notice. Upon termination, you agree not to access the Digital Platform or use the embedded software (upon giving notice of termination). We may terminate this Agreement without cause two (2) weeks in advance or immediately if circumstances warrant.
After successfully processing your termination notice, we will disable your access to the applicable digital platform and embedded software (where feasible) and we will disable your account.
The termination notice shall specify the details of the goods and services (including system information, product model, serial number, etc.), your name, installation address and installation date. We may require you to provide additional information to verify your identity and the scope of termination.
8. Updates to the Digital Platform and this Agreement and discontinuation of the Digital Platform and related Services
Materials and information provided on the digital platform may become out of date at any time and we are under no obligation to update the content on the digital platform.
CNFANNNI reserves the right to modify, suspend, or terminate any component of the Digital Platform at any time for any reason. We shall not be liable for any consequences arising from such modifications to your business operations, revenue streams, or earning capacity.
We may update this agreement from time to time. Upon any changes, we will notify registered users. If you have updated your email address, please ensure to inform us immediately. When you next log into the digital platform, you may need to click "Accept New Agreement" to continue using the platform. We will also publish any revised versions of this agreement on the digital platform. Therefore, we recommend that you regularly check the digital platform for updates.
If you do not agree to the updated Agreement, we may not be able to continue to provide services to you. In such case, we may suspend your access to the underlying Services until you agree to the updated Agreement.
9. Disputes with us: applicable law and jurisdiction
a. Any dispute arising from your access to and use of the digital platform (including any non-contractual dispute or claim) shall be governed by the laws of China (excluding its choice of law clause), and you and we agree to submit to the exclusive jurisdiction of the courts of China.
b. Any dispute or claim arising from or in connection with this Agreement, including any question concerning the existence, validity, or termination of this Agreement, shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration and final resolution in accordance with the arbitration rules then in effect by CIETAC (CIETAC Rules), which shall be incorporated by reference into these Terms. The arbitration venue shall be China. The arbitral tribunal shall consist of —— arbitrators. The language of the arbitration shall be Chinese. Nothing in these Terms shall prevent either party from seeking interim or interim injunction relief from any competent court. Arbitration, including the threshold issues regarding the arbitrability of disputes, shall be handled by the arbitrators in accordance with CIETAC Rules. Arbitral awards may be rendered by any competent court. Any arbitration under this Agreement shall be conducted on a individual basis —— collective arbitration or class action is not permitted. Your understanding and acceptance of this Agreement shall constitute your and CNFANNI's respective waiver of the right to jury trial or participation in class action or collective arbitration. notwithstanding the foregoing, each party shall have the right to file a lawsuit with a competent court seeking injunction relief or other equitable or injunctive relief before the arbitrator renders a final award. You may also choose to assert your claim in the "small claims" court, provided that your claim meets the conditions, is retained by such court, and is filed in a personal, non-representative, and non-class manner.
c. Arbitration Costs: All reasonable application fees, administrative costs, and arbitrator fees shall be paid in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC). If your claim amount does not exceed USD 10,000, CNFANNI will pay reasonable application fees, administrative costs, and arbitrator fees, unless the arbitrator determines that your claim content or the relief sought is without merit or for improper purposes.
10. Guarantees, limitation of liability and exemptions
The information and materials available on digital platforms, whether provided by CNFANNI or other users of the platforms, do not constitute reliable advice. To the fullest extent permitted by law, we shall not be held liable for any responsibilities or obligations arising from reliance on such materials by any users of the platforms, visitors, or individuals who may have access to their content.
Through the operation of digital platforms, we do not represent or imply that we endorse any information or materials provided or linked on these platforms, including but not limited to content hosted on third-party websites. We also do not express or imply that such information or any other materials are complete, accurate, useful, or harmless. We make no commitment that using the digital platform will produce any specific results. Any advice or information you obtain from us or the digital platform, whether oral or written, does not constitute any warranties not expressly provided in this agreement.
All content, information, or materials provided through digital platforms and embedded software are offered "as is" and "as available," with no warranties (express or implied) or conditions attached (to the maximum extent permitted by law). To the fullest extent permitted by law, we and all advertisers, licensors, suppliers, administrators, directors, investors, employees, agents, service providers, and contractors do not assume any warranties, representations, or warranties (express or implied) related to the digital platforms and your use thereof. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights and intellectual property rights, and any warranties arising from performance processes, transactional procedures, or trade practices.
We do not guarantee that: (1) the digital platform or embedded software will be secure or available at any specific time or place; (2) it will contain no viruses or harmful content; (3) any defects or errors will be corrected; or (4) its final use, functionality, or performance will meet your expectations. You assume all risks associated with using the digital platform and embedded software. Certain jurisdictions prohibit limitations of implied warranties, so these limitations may not apply to you if they conflict with applicable laws.
By using the digital platform and embedded software, to the extent permitted by applicable laws, you agree and hereby release CNFANNI and its affiliates and third parties ("Released Parties") from liability or obligation for: (A) errors, inaccuracies, or omissions in content and materials; (B) personal injury or property damage resulting from your access to or use of our digital platform, embedded software, or services, regardless of nature; (C) unauthorized access to or use of our secure servers and/or any personal information stored thereon; (D) interruption or cessation of transmission between the digital platform and products; (E) any errors, viruses, Trojans, or similar malware transmitted by third parties through the digital platform, embedded software, or products; (F) any errors or omissions in content and materials, or any loss or damage resulting from the use of published, transmitted, or otherwise created content that can be obtained through the digital platform.
If you are a California resident, by using the digital platform, you agree and hereby waive the provisions of Section 1542 of the California Civil Code, which states: "General immunity shall not apply to claims that a creditor was unaware of or suspected of being advantageous to him when signing the waiver, if the creditor knew such claim, it must have materially affected his settlement with the debtor."
In no event shall CNFANNI be liable for any direct, indirect, consequential, incidental, special, punitive, or other losses or damages suffered by you or any third party, including but not limited to: (i) losses of income or profits; (ii) business interruption; or (iii) data loss arising from your use of the digital platform, embedded software/products, or any information/materials provided thereon, or arising from this Agreement in any manner—whether contractual, tortious (including negligence), or otherwise. The aggregate liability for damages under this Agreement shall not exceed USD 100 or the amount paid by you to CNFANNI for the digital platform during the preceding twelve (12) months (whichever is greater). Certain jurisdictions do not permit limitations on incidental or consequential damages, and such limitations may therefore not apply to you.
11. Breach of contract for spam
You acknowledge and agree that spam may cause damage to websites, services, or networks, including loss of reputation and goodwill, which may be difficult to quantify. As an estimate of our anticipated losses, you agree to pay us $200 per non-requested commercial message or other unsolicited communication sent through, to, or via the digital platform.
12. You compensate us
You agree to indemnify and hold us, our subsidiaries, affiliates, relevant entities and licensors and their respective officers, agents, partners and employees free from any loss, liability, claim or demand (including reasonable legal costs) arising from your use of the Digital Platform, breach of this Agreement or infringement of the rights of others.
13. Link to our website
You may link to our website's homepage provided that you do so in a fair, accurate, and lawful manner without harming or exploiting our reputation. You must not create links in any way that implies we have any association, approval, or endorsement with this website.
You must not create links to our website on any website that is not yours.
Our site shall not build frames on any other site, nor shall it create links in any way to any part of our site other than the home page.
We reserve the right to revoke the permission to link without prior notice. The website you link must fully comply with the content standards set forth in Article 2.
If you wish to use any content on our website other than the above, please contact us at the email address listed in Section 15.
14. All kinds of
a. Complete Agreement: Unless otherwise agreed between you and we, this Agreement constitutes the complete agreement between you and us regarding your interaction with the Digital Platform and embedded Software and supersedes any prior or contemporaneous understandings and agreements between you and we relating to the subject matter hereof.
b. Independent Contractors: Nothing in this Agreement shall be construed to establish any form of agency, partnership, joint venture, employer-employee or franchisor-franchise relationship between us and any user.
c. Chapter headings: The chapter headings in this Agreement are for convenience only and shall have no legal or contractual effect.
d. Non-Abandonment: Our failure to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision.
e. Divisibility: This Agreement shall remain valid to the maximum extent permitted by law. If any provision or part of any provision hereof is unlawful, invalid or unenforceable, such provision or part shall be deemed to be divisible from this Agreement without prejudice to the validity and enforceability of any remaining provisions hereof.
f. Assignment: You shall not assign your rights under this Agreement to any third party; we may unconditionally assign our rights under this Agreement.
15. Contact us
If you need to contact us, please email us at
[email protected] or through the Contact Us page.