Baidu AI Market Service Agreement

Before you use Baidu AI market service, please read all the contents of this service agreement carefully (especially the contents marked in bold and/or underlined). If you have any questions about the terms of this agreement, please ask through the contact information on Baidu AI market related pages, and Baidu AI open platform will explain the terms to you. If you do not agree with any content of this agreement, or cannot accurately understand the interpretation of the terms on Baidu AI open platform, please do not proceed with subsequent operations.

1、 Subject, effectiveness and scope of validity of the agreement

1.1 The subject of this agreement includes the operator of Baidu AI market (hereinafter referred to as "Baidu AI market"), the service provider selling or providing software or services through Baidu AI market (hereinafter referred to as "service provider"), and the user purchasing goods or services through Baidu AI market (hereinafter referred to as "user"). This service agreement is the basic terms reached between the three parties Conditions and rules are valid contracts.

1.2 When a service provider applies to enter Baidu AI market, or a user purchases goods or services through Baidu AI market, or other links deemed necessary by Baidu AI market, Baidu AI market will prompt the service provider and/or user to choose to accept this agreement by signing a written agreement, checking confirmation on the web page, or clicking confirmation, email confirmation, or other ways recognized by Baidu AI open platform.

This agreement shall come into force from the time when the service provider and/or user confirm to accept it in any of the above ways, or from the time when the service provider and/or user actually start to accept the services of Baidu AI market (including but not limited to the service provider opening stores, putting on shelves, selling goods, users purchasing goods and services, etc.) (whichever comes first). Once accepted, the service provider and/or the user agree to accept all the agreed contents of this agreement.

1.3 The content of this agreement includes the text of the agreement, annexes and all kinds of business specifications, activity rules, notices, announcements, etc. that have been published by Baidu AI open platform or may be published by Baidu AI market in the future (hereinafter collectively referred to as "Baidu AI market rules"). All Baidu AI market rules are an integral part of this agreement and have the same legal effect as the text of this agreement.

If the service provider and/or user use specific services currently or in the future provided by Baidu AI market, the service provider and/or user should also accept the terms, criteria and conditions applicable to those specific services (hereinafter referred to as "special terms"), and Baidu AI market will express these special terms to the service provider and/or user in the form of written agreement, webpage tips, website announcements, etc. If the agreement is inconsistent with the special terms, the special terms shall prevail.

1.4 Baidu AI market has the right to formulate and modify this agreement and/or various Baidu AI market rules from time to time as required, and has the right to transfer the rights and obligations under this agreement to related third parties. If there is any change, Baidu AI market will make an announcement in the form of web page publicity, and no separate notice will be given. The changed agreement and Baidu AI market rules, and/or the transfer of rights and obligations will automatically become effective once announced and become a part of this agreement. If the service provider and/or user disagree with the relevant changes, they should immediately stop using Baidu AI market services; If you continue to use Baidu AI market related services, it is deemed that you have no objection to the modified agreement and rules, and/or the transfer of rights and obligations, and agree to abide by them.

1.5 Scope of validity of the agreement:

1.5.1 The legal relationship and legal disputes between the service provider and the user arising from the user's purchase of the service provider's goods and services shall be subject to the terms of the separate agreement between the service provider and the user.

1.5.2 The rights and obligations arising from the purchase, agency, cooperation and other relationships related to Baidu AI market between Baidu AI open platform and service providers shall be performed in accordance with the corresponding purchase agreement, agency agreement and cooperation agreement separately reached between Baidu AI open platform and service providers.

2、 Definition

Unless otherwise specified in this Agreement, the following words shall have the following specific meanings in this Agreement:

2.1 Baidu AI market: refers to the online trading platform operated by Baidu AI open platform, where service providers provide users with core categories focusing on "software services, hardware services, solutions, AI peripheral services", including but not limited to technical services, physical products, full solutions, industrial peripheral labeling services and other services, Help service providers and users to establish channels in the market for precise docking. The specific category shall be subject to the page display of Baidu AI market at that time.

Baidu AI open platform may timely adjust Baidu AI market name, website and other display elements according to its own business development, and notify service providers and users through announcements, website letters, emails and other effective ways. Such adjustment will not affect the rights and obligations between Baidu AI Open Platform and service providers and/or users under this Agreement.

2.2 Baidu AI market commodity (or "commodity"): refers to the general term of all products and services released by service providers in Baidu AI market, including but not limited to software services (API interface, etc.), hardware services (hardware equipment, etc.), solutions (integration solutions), AI peripheral services (data labeling, etc.), etc.

2.3 Baidu AI market service provider (or "service provider"): refers to an enterprise that has the capability of AI software and hardware, AI solutions, and AI peripheral services, and directly sells or provides AI based software and hardware, AI solutions, and AI peripheral goods or services to users through Baidu AI market, collectively referred to as Baidu AI market service provider, including Baidu AI open platform and third-party service providers.

2.5 Baidu AI market users (or "end users", "users"): refer to enterprises or individuals who purchase and obtain software and services provided by service providers through Baidu AI market.

2.6 Baidu AI market store (or "store"): refers to a virtual place created by a service provider and exclusively owned by the service provider, which can be operated independently. The service provider can display successful cases, goods, etc. on this platform and sell them for charge or free.

3、 Baidu AI Market Service and Support

3.1 Baidu AI market will carry out the following activities for service providers and/or users and provide technical platform support and services:

3.1.1 The service provider opens stores, releases goods, and users browse the service provider's stores and goods;

3.1.2 The service provider communicates with the user on relevant commodities to reach a transaction intention;

3.1.3 The service provider conducts and completes the transaction with the user;

3.1.4 Complain against trading partners, apply for arbitration and defend to Baidu AI open platform;

3.1.5 Participate in activities organized by Baidu AI market;

3.1.6 Use other supporting services provided by Baidu AI market, including but not limited to information services and technical services.

3.2 Baidu AI market will not provide the following support or services for service providers and/or users:

3.2.1 The service provider or user shall bear the tax payable and all costs of hardware, software, services and other aspects incurred in the process of concluding transactions through Baidu AI market;

3.2.2 Unless explicitly required by laws and regulations, Baidu AI market will not review the store information, product introduction and other information released by the service provider in advance, nor undertake any commitment or guarantee for this. Users should judge the selection of trading partners and the content of the transaction by themselves and deal prudently;

3.2.3 Unless explicitly stipulated by laws and regulations or explicitly stated in advance, Baidu AI market will not undertake after-sales, maintenance, upgrading and other responsibilities for the goods sold or provided by the service provider alone or jointly with the service provider, and Baidu AI market will not make any guarantee or commitment for this. The service provider selling or providing such goods shall be responsible for the corresponding responsibilities, guarantees or commitments.

3.3 In order to maintain the trading order and promote the legitimate rights and interests of all parties, Baidu AI Market has the right to conduct the following activities:

3.3.1 Query the registration information, sales behavior, service provision behavior, purchase behavior, use behavior, etc. of service providers and/or users; Baidu AI market has the right to send inquiries and ask service providers or users to explain and correct the materials in question.

3.3.2 Send order information, promotion activities, after-sales service, customer service and other information to service providers and/or users by mail, SMS, telephone, website notice or statement;

3.3.3 When any problem is found in the registration information or sales behavior, service provision behavior, or purchase behavior, use behavior, etc. of the service provider and/or user (including but not limited to the violation of the commitment and obligation of the service provider and/or user in Article 4 of this Agreement), take measures including but not limited to issuing a notice of inquiry and requiring correction, deleting illegal information, prohibitions, restricting ordering Restrictive measures such as closing orders, freezing account balance, removing goods from shelves, closing stores, suspending, closing Baidu AI open platform accounts, and terminating services;

3.3.4 Provide necessary information such as identity information and transaction records of service providers and/or users in accordance with laws and regulations or at the request of government departments (including judicial and administrative departments); If the service provider and/or user are suspected of infringing other people's intellectual property rights and other legitimate rights and interests, provide the obligee with the necessary identity information of the service provider and/or user after preliminary judgment of the existence of the suspected infringement;

3.3.5 If there is a dispute between service providers, service providers and users, and the other party in the process of using Baidu AI market services, either party or both parties can submit the dispute to Baidu AI market for mediation, Baidu AI market has the right to make a mediation decision based on unilateral judgment. The service provider and/or users understand and agree that Baidu AI market is not a judicial institution, and can only identify the evidence as an ordinary person. Baidu AI market's mediation of disputes is entirely based on the irrevocable authorization of the service provider and/or users, and it cannot guarantee that the dispute settlement results meet its expectations, and it does not assume any responsibility for the conclusion of dispute mediation.

3.4 Baidu AI market will maintain normal operation on the existing technology, and strive to improve and improve the technology, so that the trading activities and other behaviors of service providers and users can be carried out smoothly, but the service providers and/or users understand and agree.

3.4.1 In view of the particularity of network services, part or all of the network services in Baidu AI market may be changed or interrupted, but Baidu AI market will try its best within a reasonable range to notify the service provider and/or users to take necessary measures to reduce the impact.

3.4.2 Baidu AI market and/or relevant equipment need to be overhauled or maintained regularly or irregularly. If such circumstances cause service interruption within a reasonable time, Baidu AI market does not need to bear any responsibility for this.

3.5 Baidu AI market only provides a market platform for service providers and users, does not monitor or control the trading parties, and does not actively participate in the trading process.

4、 Rights, obligations and commitments of service providers and/or users

4.1 Service providers and/or users shall abide by the following basic principles in their activities in Baidu AI market:

4.1.1 It is not allowed to transmit or publish: words that incite resistance, undermine the implementation of the Constitution, laws and administrative regulations, incite subversion of state power, overthrow the socialist system, incite separatism, undermine national unity, incite national hatred, national discrimination, and undermine national unity;

4.1.2 It is not allowed to transmit or publish information or statements that harm the national social and public interests and involve national security;

4.1.3 Do not use Baidu AI market to engage in illegal and criminal activities such as money laundering, stealing trade secrets and personal information;

4.1.4 It is not allowed to transmit or publish any illegal, criminal, harassing, slandering, abusive, threatening, injurious, vulgar, obscene, uncivilized and other information materials;

4.1.5 Do not use any device, software or routine program to interfere or attempt to interfere with the normal operation of Baidu AI market, or illegally invade Baidu AI open platform and national Internet system;

4.1.6 It is not allowed to illegally transmit data and information abroad in violation of relevant Chinese laws and regulations;

4.1.7 Do not conduct other behaviors that affect or may affect national security, social public order, or the legitimate rights and interests of others.

4.2 Service providers and/or users promise to abide by the following obligations in the process of trading through Baidu AI market:

4.2.1 Abide by national laws, regulations and other normative documents as well as the provisions and requirements of various Baidu AI market rules, do not violate social public interests or public ethics, do not damage the legitimate rights and interests of others, do not evade payable taxes, and do not violate this Agreement and relevant Baidu AI market rules;

4.2.2 In the process of trading with other service providers and/or users, abide by the principle of good faith, do not take unfair competition, do not disturb the normal order of online transactions, and do not engage in acts unrelated to online transactions;

4.2.3 Do not release goods or service information that is prohibited or restricted by the state to be sold (except those that have been legally licensed), suspected of infringing others' intellectual property rights or other legitimate rights and interests, contrary to social public interests or public ethics, or deemed unsuitable for sale by Baidu AI market, or suspected of violating this Agreement and various Baidu AI market rules.

4.2.4 Do not improperly evaluate other service providers and/or users by fabricating or distorting facts, and do not create or improve their own goodwill or image by improper means;

4.2.5 Do not resell or resell in disguised form the account of Baidu AI open platform and the vouchers, coupons, discounts or other preferential treatment of Baidu AI market in the account, and do not register an account, place an order or other abnormal consumption behaviors to obtain preferential treatment, discounts or other benefits;

4.2.6 Do not use any illegal means to obtain the personal information of other service providers and/or users, do not use the information of other service providers and/or users for any profit or non-profit purpose, and do not disclose the personal privacy of other service providers and/or users or other obligees;

4.2.7 Do not make commercial use of any data in Baidu AI market, including but not limited to using the data displayed in Baidu AI market in any way, such as copying, disseminating, etc., without the prior written consent of Baidu AI market.

4.2.8 Baidu AI market users must be natural or legal persons who meet one of the following conditions and can use/purchase goods:

A: A natural person who has reached the age of 18 and has the capacity for civil rights and civil conduct;

B: Considering that young talented minor users, persons without civil capacity or persons with limited civil capacity should operate, purchase and use under the guidance of their guardians;

C: Authorities, enterprises, institutions, associations and other organizations established and existing legally according to Chinese laws, regulations and administrative rules can purchase or use Baidu AI market goods and services.

4.2.9 Users should log in to Baidu account to purchase goods online, or sign a contract with the service provider offline to obtain services.

4.2.10 Users should register and log in according to the registration process of Baidu AI market platform, and ensure that the information provided (including but not limited to identity information) is true, complete and effective. You are obliged to keep your account number and password properly, use them correctly and securely, and enjoy rights and bear responsibilities for all actions arising from your account number according to law.

4.2.11 Users have the right to query service providers, stores, commodities and participate in transactions according to this agreement and the relevant rules issued by Baidu AI market.

4.2.12 Users can decide to purchase and use the goods provided by any service provider in Baidu AI market according to their needs. Before purchasing, users should carefully understand the functions, requirements, charges, refund rules and other details of specific goods. If users have objections to specific goods, they should not purchase or use them in any way. Users can consult with service providers in advance for in-depth understanding. Any dispute arising from the purchase or use of products shall be settled by the user through consultation with the service provider.

4.2.13 After the user purchases goods from the service provider, if he/she needs payment vouchers or service receipts such as invoices, he/she shall propose to the service provider, and the service provider shall be responsible for issuing and mailing corresponding payment vouchers or service receipts such as invoices according to law.

4.3.14 The service provider and the demander shall coordinate and deal with offline issues such as refund of goods and services purchased by the user.

4.3.15 For various reasons (including but not limited to the adjustment of the service provider's own operation plan, the service provider's violation of this service agreement, specifications, etc., being held accountable, and the goods infringing the intellectual property rights of others, being prohibited from sale, etc.), the service provider may cause all or part of its products to be removed from the shelves or prohibited from use in Baidu AI market, which may have some impact on users. The user understands and agrees that the above situation is not caused by Baidu AI market fault, and the user should claim rights directly from the service provider.

4.3.16 In order to protect the legitimate rights and interests of users, online transactions in Baidu AI market and Baidu cloud platform shall comply with Baidu cloud online transaction specifications, and offline transactions require you and the service provider to clarify the terms in relevant contracts.

4.3.17 Service providers and users understand and agree that Baidu AI market provides commodity sales settlement services between service providers and users through Baidu Cloud platform. Service providers and users agree to abide by the relevant provisions of Baidu Cloud Platform, including but not limited to Baidu Cloud Market Service Management Specification, Baidu Cloud Service Provider Settlement Agreement Baidu AI Market Service Agreement, Baidu AI Market Service Provider Management Specification and other relevant terms.

5、 Intellectual property

5.1 All content on Baidu AI market, such as text, charts, logos, button icons, images, sound file fragments, digital downloads, data editing and software, and trademarks, are the property of Baidu AI open platform or its content providers (including service providers and/or users), and are protected by Chinese and international copyright laws. Without the legal authorization or permission of Baidu AI Open Platform or its content provider, it is not allowed to copy, copy, copy, sell, resell, visit, or otherwise use all pages or any part of Baidu AI market for any purpose.

5.2 The service provider and/or users understand and agree that Baidu AI market has the permanent free use right of all kinds of information (including but not limited to identity information, commodity and service information, comments, etc.) published by the service provider and/or users on Baidu AI market platform, and has the right to use, copy, revise, rewrite, publish, translate and display all or part of it globally. However, if the service provider and/or user's personal sensitive information is involved, or the service provider and/or user declare to retain all or part of the information while publishing the information, such use shall not violate the provisions of national privacy protection regulations, or go beyond the scope of the service provider and/or user's declaration to retain.

5.3 The service provider has legal rights to the goods it sells or provides in Baidu AI market. Without the permission of the service provider or the legal authorizer, no one may copy, copy, sell, resell, or use in any other way for any purpose, nor modify, reverse engineer, spin off, produce derivative works, or distribute them.

5.4 Baidu AI open platform has all rights to the operation data of Baidu AI market. The aforementioned operational data includes but is not limited to user information, user list, user relationship, user use behavior, transaction data, order data, etc. However, if the above operational data involves user sensitive information, Baidu AI open platform should comply with the corresponding privacy protection policy. Without the prior written consent of Baidu AI open platform, any person may save, backup, disclose, use or authorize others to use the aforesaid operational data for any purpose.

5.5 Respect for intellectual property rights is the basic principle followed by Baidu AI market. Both service providers and users shall abide by the above obligations and shall not infringe upon the legal rights of others. In case of violation, the infringer shall be liable for damages to the infringed legal obligee and Baidu AI market.

6、 Privacy Policy

6.1 Baidu AI market statement and commitment:

6.1.1 It will not sell or lend the personal information of the service provider and/or the user to any person, unless it is approved by the service provider and/or the user in advance.

6.1.2 No third party is allowed to collect, edit, sell or disseminate the personal information of the service provider and/or users for free by any means.

6.1.3 For the purpose of service providers and/or users, Baidu AI Open Platform may provide services to them by using their personal information, including but not limited to sending product and service information to service providers and/or users, Or share information with Baidu AI open platform partners so that they can send information about their products and services to service providers and/or users (the latter needs the prior consent of service providers and/or users).

6.2 Baidu AI open platform will disclose part or all of the personal information of service providers and/or users under the following circumstances:

6.2.1 Disclosure to a third party with the consent of the service provider and/or the user;

6.2.2 Disclose to a third party or administrative or judicial authorities according to relevant provisions of laws or requirements of administrative or judicial authorities;

6.2.3 If the service provider and/or users violate relevant Chinese laws or website policies, they need to disclose to a third party;

6.2.4 In order to provide applications required by service providers and/or users, it is necessary to share personal information of service providers and/or users with a third party;

6.2.5 Other disclosures deemed appropriate by Baidu AI open platform according to laws or website policies.

6.3 The user understands and agrees that Baidu AI The market service provider's submission of orders and purchase of goods will be deemed as the user's agreement to disclose personal information to the service provider to accept the service provider's provision of goods, after-sales services, customer services, marketing or other necessary matters. The service provider has the right to contact the user for the purpose of performing the above matters.

7、 Limitation of liability

7.1 In any case, for normal equipment maintenance due to computer virus and information network, information network connection failure, computer, communication or other system failure, power failure, strike, labor dispute, riot, uprising, riot, insufficient productivity or means of production, fire, flood, storm, explosion, war, government action, Baidu AI Market will not be responsible for the failure or delay of service caused by the order of the judicial administrative organ or the inaction of a third party.

7.2 Baidu AI market does not participate in the transaction or service process between service providers and users, and does not make any express or implied guarantee for the legality and validity of the behavior of service providers and users and the authenticity, legality and validity of tools, nor bear any responsibility for the consequences arising therefrom, including but not limited to:

7.2.1 Baidu AI market will not be responsible for any accurate or incorrect content published by service providers and/or users;

7.2.2 Baidu AI Market will not make any express or implied warranty on the intellectual property rights of the goods provided by the service provider, as well as the accuracy, safety and integrity of the goods, and will not assume the user's responsibility for any form of loss or injury to himself or others due to the use of these goods.

7.3 Under no circumstances will Baidu AI market be liable for any indirect, consequential, disciplinary, incidental, special or punitive damages, including profit losses suffered by service providers and/or users when using Baidu AI market services (even if they have been informed of the possibility of such losses).

8、 Application of laws and rules and dispute jurisdiction

8.1 The conclusion, implementation, interpretation and dispute settlement of this Agreement shall be governed by the laws of the People's Republic of China.

8.2 This agreement is formulated in accordance with the Baidu AI Open Platform Service Agreement. Service providers and users shall comply with all provisions of the Baidu AI Open Platform Service Agreement when using Baidu AI market services.

8.3 This agreement is the basic standard to adjust the rights and obligations of all parties in Baidu AI market. Service providers and/or users must also follow the special terms applicable to such services when using various purpose specific services under Baidu AI market. Baidu AI Market will separately confirm or sign these special terms in writing with relevant service providers and/or users. In case of any inconsistency or conflict between this Agreement and the Special Terms, the Special Terms shall prevail.

8.4 In case of any dispute between the parties during the performance of this Agreement, it shall first be settled through friendly negotiation. If the negotiation fails, either party may bring a lawsuit to the People's Court of Haidian District, Beijing.

9、 Others

9.1 Notice and delivery

The service provider and users fully understand and agree that Baidu can send any notice about this service to the service provider and users through any of the following ways: posting general notices on software and websites; Send email to the email address provided by the service provider and user; Send SMS notification to mobile communication numbers provided by service providers and users; The written notice shall be sent to the service provider and user by ordinary mail. The above notice shall be deemed to have been delivered to the service provider and users from the date of release or sending, and the service provider and users are obliged to check any of the above notices.

9.2 Severability

If any agreement of this Agreement conflicts with applicable laws and regulations, the provisions of applicable laws and regulations shall prevail. If any agreement in this Agreement is invalid or unenforceable for whatever reason, it is removed from this Agreement without affecting other agreements, and each party shall replace it with a valid and enforceable clause (or part of it) with the same effect that best reflects the content and intent of this Agreement. The remaining agreements in this Agreement shall remain valid and have full legal binding force.

9.3 Assignment

Without Baidu's prior written consent, service providers and users shall not transfer this Agreement and any rights and obligations under it to any third party. Baidu has the right to transfer this agreement in whole or in part to the following parties at any time without the consent of the service provider and users:

(1) Baidu's subsidiaries or related parties; (2) The acquirer of Baidu's company equity, business or assets; Or (3) heirs in M&A transactions. Any transfer in violation of this Agreement is invalid.

9.4 Integrity

This agreement (including the supplementary agreement, additional terms and other relevant terms) constitutes the entire agreement and understanding between the service provider and users and Baidu on access to and use of this service, and supersedes any and all previous agreements or understandings between the service provider and users and Baidu on the aforementioned issues.

9.5 Waiver

Unless Baidu confirms and agrees in writing, Baidu's failure to perform any right or clause in this agreement does not constitute Baidu's waiver of relevant rights or clauses.

9.6 Headings

All headings in this Agreement are for convenience of reading only, and have no actual meaning, and cannot be used as the basis for interpretation of the meaning of this Agreement.