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iFLYTEK Open Platform Service Agreement

1. Overview

This service agreement (this Agreement) has been compiled as a legally binding document between IFLYTEK Co., Ltd. (IFLYTEK), which offers speech service pursuant to this agreement, and developer organization or individual developers (Developer) identified in IFLYTEK Open Platform (Platform), which governs your use of IFLYTEK’s MSC (MSC).

By registering on the Platform or using any service under this Agreement, you confirm your understanding and acceptance of this Agreement. Where you breach the Agreement, IFLYTEK reserves the right to limit or stop your using of IFLYTEK’s speech service depending on the gravity of your behavior and hold you legally liable.

IFLYTEK reserves the right to update this agreement anytime at its sole discretion. For the latest version of the Agreement, you can refer to IFLYTEK Open Platform. In case that you refuse to accept the updated Agreement, you shall stop using the service immediately, otherwise, your using shall be deemed as your acceptance of the updated Agreement.

2. License Content

The licensed objective of this Agreement is IFLYTEK’s MSC which is a software development kit (SDK) of IFLYTEK’s proprietary intellectual property of speech technology. The main functions are Text to Speech conversion (TTS) and Speech to Text conversion (STT).

3. Rights and Responsibilities

  1. You are obliged to ensure normal function of the MSC, that is, to ensure the proper function of TTS and STT in your product(s), the failure of which shall be deemed as a breach of this Agreement.

  2. You are obliged to submit your product(s) to the IFLYTEK Open Platform for approval before launching on the market to ensure the proper use of the MSC. Daily speech service volume for unapproved product(s) is limited within 500 times and service exceeding the daily limit will result in error. You will be allowed to officially launch your product(s) into the market and use it without limit to the service volume once it is approved by IFLYTEK

  3. You are required to submit correct and valid information, including but not limited to contact information and product information, when applying for the MSC and product approval. Your applied MSC shall only be used for products with corresponding application information. In case that you have more than one product, you shall respectively apply MSC for each of them, failure to do which will be deemed as breach of contract.

  4. You are required to clarify, in any introductory materials, including but not limited to any help documents, instruction manuals, packing, flyers, websites and advertisements related to the MSC, that the MSC is provided by IFLYTEK. In the case of speech technology introduction, you shall clarify that the technology is provided by IFLYTEK.

  5. You shall not sell, transfer, rent or sublicense any part of the technical software or documents of the MSC, nor shall you decompile, un-edit, decompose, analyze or modify any of the aforementioned software without IFLYTEK’s prior written approval.

  6. IFLYTEK hereby promises that there is no unauthorized charge, unnoticed charge or charge that is inconsistent with the actual service fee for using the MSC, nor will it integrate any fixed service provider code designed with unnoticed charge function, SP service link, SP terminal software or any third party program or function without connection to the MSC.

4. Rights and Responsibilities

  1. IFLYTEK hereby promises that all intellectual property in connection with the MSC under this Agreement is proprietary to IFLTTEK without copying, counterfeiting or excerpting software with same or similar function of any third party or infringing the intellectual property right of any third party.

  2. IFLYTEK hereby promises that no any third party shall be entitled to claim against Developer any rights or demands for manufacturing and selling products using the MSC as prescribed by this Agreement.

  3. Any proprietary or unpublished know-how, methods or other information acquired by one party from the other during the developing shall remain proprietary to the original owner of the intellectual right.

  4. IFLYTEK hereby promises that there is not any defect to the intellectual property under this Agreement and such intellectual property will not infringe the legal interest of any third party.

5. Confidentiality

  1. IFLYTEK shall take necessary measurements to protect all your submitted information, including but not limited to any information and results in connection to the design and development offered by both parties and any information disclosed to one party from the other during the negotiation of the Agreement before which such information is unknown to the receiver, and shall not disclose such information to any third party in any form without the Developer’s prior written approval.

  2. IFLYTEK prohibits any third party from editing, selling and spreading the Developer’s information by using the services offered by IFLYTEK without the prior written approval of the Developer. Once such action is detected, IFLYTEK reserves the right to terminate the service agreement, stop offering any speech service and hold the offender for legal liabilities.

6. Termination of Agreement

  1. The Agreement can be terminated in advance by a written notice from either of the parties in case of the followings:

(1) A party materially breaches the Agreement and fails to adopt effective measurements for remedy within prescribed time limit after being notified by the observant party through written notice (in the form of notification letter, fax, mail, etc.);

(2) A party has been designated by his creditor a recipient or asset assignee, or become bankrupt or unable to pay due debt or unable to fulfill the responsibilities prescribed in this Agreement, except in the case that is prohibited by applicable Bankruptcy Law;

(3) In case that the Agreement is terminated for any reason, the provisions of confidentiality, intellectual property, demurring and responsibility for breach of contract shall continue to be valid without prejudice to the injured party’s right to seek remedies in any other form.

  1. You shall abide by IFLYTEK’s standard regulation when using the MSC. In case of any breach of contract for the Developer, IFLYTEK reserves the right to stop offering the speech service.

7. Exemption Clause

Considering the fact that speech service is dependent on network support, IFLYTEK reserves the right to conduct maintenance or switchover for part of or all of the network service platform or related equipment, which may cause the network service to stop for a certain period. IFLYTEK has no responsibility to inform the Developer for such maintenance or switchover and shall not be held liable for any possible caused damages.

8. Miscellaneous Clauses

  1. IFLYTEK reserves the right for the interpretation of this Agreement.

  2. All disputes arising from or in connection with the execution of this Agreement shall be settled through friendly negotiation. In case that no settlement can be reached, either party can bring a case to the local People’s court where IFLYTEK is located.

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