Effective Date: 2024-02-20
Welcome to use the Service of PikPak Open SDK.
You should read and observe the PikPak Open SDK products and services before referring to the PikPak Open SDK Developer Services Agreement(Hereinafter referred to as “this Agreement”), PikPak User Agreement, PikPak Privacy Policy and other relevant rules. Please be sure to review and fully understand the terms, especially those exempting or limiting liability (exempting or limiting liability will appear in bold which you should focus), and agreements for the opening or use of another separate service. If you use the Service, you shall be deemed to have read and agreed to the constraints of the above agreements, rules and regulations, etc. In case of any violation of this Agreement, PikPak has the right to unilaterally restrict, suspend or terminate the service provided to you at any time according to the violation, and has the right to pursue your responsibility.
Definition
If not specified, the following terms in this Agreement:
Developer refers to the natural person or other organizations that enters the PikPak Open SDK and uses Open Interface Services provided by the PikPak Open SDK to develop applications and provide services to users.
PikPak Open SDK refers to the website and the subordinate sub-pages of the aforementioned SDK developed and operated by PikPak.
Open Interface Services refers to the ability of PikPak to provide online services for data storage, synchronization, management and sharing under this Agreement. Applications developed by developers based on Open Interface Services can provide users with the ability to manage, use the storage space of PikPak account, manage and share files within the application.
Subjects of the Agreement
This Agreement is concluded and committed by the Developer and PikPak.
Content and effectiveness of the Agreement
3.1 Including the text of this Agreement, the PikPak User Agreement, the PikPak Privacy Policy, the other PikPak rules has issued or may be issued in the future, policies, rules, agreements, statements, notices, tips, instructions, and the aforementioned rules are the integral part of this Agreement, and have the same legal effect as this Agreement.
3.2 PikPak shall has the right to formulate and modify this Agreement and relevant rules from time to time as required, and the modified agreements and rules shall be taken immediately once they are issued and publicized.If the developer does not agree to the relevant changes, it shall stop using the PikPak Open SDK service. If the developer continues to use the PikPak Open SDK service, it represents that the developer has accepted the revised agreement and rules.
Enter of Developers
4.1 Before applying to become a developer, you should first register for PikPak to become a user.
The Service of PikPak Open SDK
5.1 Developers can use the PikPak open interface service on the PikPak Open SDK. PikPak Open interface service is mainly to output PikPak related technical capabilities (including providing cloud disk file uploading, download, viewing, search, management and other basic capabilities, as well as multimedia capabilities such as audio and video playback) to developers through the interface. Developers can embed PikPak-related functions into their own applications or hardware. Developers can log in PikPak accounts to use PikPak-related functions, subject to the specific functions and permissions that PikPak opens to developers.
5.2 The services provided by PikPak Open SDK shall be free of charge, but PikPak may charge for the service according to the situation, or change the charging standard of the charging service. Before the above changes, PikPak will notify or announce on the corresponding service page. If the developer does not agree to the above changes, it should stop using the Service.
The Specification of Using the Service
You should follow the listing specifications when you use the PikPak Open SDK service:
6.1 Specification of producing and releasing content
You shall not use the services provided by PikPak to produce, copy, publish or disseminate content that violates the provisions of the law or violates the legitimate rights and interests of PikPak, PikPak users or third parties.
6.2 Specification of commercial activities
You undertake to comply with the following specifications during your business activities:
6.2.1 The use of the PikPak Open SDK services in any form shall not infringe on PikPak’s commercial interests, including but not limited to using the data interface provided by the PikPak Open SDK to carry out the business competitive with PikPak, or using the PikPak Open SDK services for any behavior that may adversely affect the normal operation of PikPak and PikPak Open SDK services.
6.2.2 Without the written consent of PikPak, it shall not use the trade name, trademark, service marks, enterprise name, other marks, signs and other activities of PikPak and its affiliates for any activities, nor shall it mislead others to believe that it has any association with PikPak and its affiliates. The developer shall not apply to register any intellectual property rights such as trademarks, service marks related to PikPak or PikPak affiliates under any category.
6.2.3 Developers shall not infringe the rights and interests of users in any form and independently assume responsibility to users. Any dispute, liability arising from the application or related services developed by the developer, and any consequences arising from the developer’s violation of relevant laws or this Agreement, shall be independently liable and resolved by the developer. In case of infringement of the rights and interests of PikPak, PikPak affiliates or others, the developer shall bear all the responsibilities and compensate for all the losses.
6.3 Specification of protecting users’ personal information
When using the PikPak Open SDK services, developers should strictly abide by the laws on protecting users’ personal information. The developer shall comply with the requirements but not limited to the following requirements:
6.3.1 The applications developed by developers shall meet the applicable legal requirements, respect users’ privacy, and protect the security of users’ personal information. Developers shall formulate and disclose the privacy policy of the product, inform users in detail of how to collect, use, share, transfer, publicly disclose, preserve and protect users’ personal information in the process of providing services, protect the rights enjoyed by users in accordance with the law and inform users of how to exercise these rights. The permission obtained by the developer shall be consistent with the service function provided, and shall not use any privacy rights or data unrelated to the function. Developers shall not collect or use users’ personal information without their authorization in violation of legal requirements. The liability caused by the developer’s violation of the legal requirements of personal information and privacy protection shall be independently borne by the developer.
6.3.2 If the product released or service provided by the developer needs to process the users’ data, the user’s consent must be obtained in advance, and only the users’ data necessary for the operation of the product and the realization of the function should be processed. Developers should clearly inform users of the purpose, scope and method of relevant data collection, protect users’ right to know, and fully protect the security of user data. The developer agrees to implement and comply with the applicable privacy and security standards when collecting, using, sharing, and storing all data relevant to any user.
6.3.3 The developer shall not provide the collected user’s personal information to any third party in violation of the law, and shall not sell or transfer the user’s personal information in any form.
6.4 Other prohibited behaviors when using the Service are as follow.
6.4.1 No sharing of personal accounts including user token.
6.4.2 Do not share the file download address or video playback address.
6.4.3 Prohibiting non-standard access leading to the disclosure of users’ personal privacy.
Once the developer is found to have implemented any of the above prohibitions, PikPak will have the right to impose penalties for the developer, including warning, suspension of services, freezing and permanent ban, without any indemnity or compensation to the developer.
Intellectual Property Rights
7.1 You fully understand and agree that, unless otherwise stated by PikPak, all intellectual property rights including but not limited to copyright, technologies, software, programs, images, pictures, photos, audios, videos, charts, colors, layouts, electronic documents, data, and other information contained in the Services hereunder shall be owned by PikPak or its affiliates.
7.2 Without the written authorization of PikPak, no person shall display, use the registered trademark of PikPak in any way or conduct other processing of the trademark including but not limited to copy, spread, display, upload, download it, nor shall it indicate to others that you have the right to display, use or make other processing.
7.3 You understand and agree to authorize PikPak to use your name, trademark, logo in the promotion, but only to indicate that you belong to our customers or partners.
Disclaimer
8.1 The PikPak has the right to change or delete some of the Service at any time for any reason, and the PikPak Open SDK may cancel or terminate the developer’s service at any time. The decision to cancel or terminate the service on the PikPak Open SDK does not require any reason or to inform you. Once the service is cancelled, your right to use the Service is terminated immediately. If part or all of the developer’s application or services are unavailable due to the change, suspension or termination of part or all of the PikPak services, the developer shall solve the problem by itself and PikPak shall not be liable.
8.2 PikPak does not warrant that PikPak Open SDK services are suitable for developers’ usage requirements. PikPak does not warrant that the services of PikPak Open SDK are not disturbed, timely, safe, reliable or erroneous, and any products or services obtained by users or developers through PikPak Open SDK services meet the expectations of users.
8.3 No matter in what case, PikPak does not take responsibility due to network connection failure, equipment failure, communication system failure, power failure, hacker attacks, strike, riots, fire, natural disasters, war, government behavior, the judicial orders or a third party not as circumstances can not service or delay serving, data loss, system failure consequences.
Liability for Breach of the Agreement
9.1 If we discover or receive reports from others that you violate this Agreement, PikPak has the right to delete and block the relevant contents without notice, and take measures including but not limited to restricting, suspending or terminating your use of part or all of the Service, and pursue your legal liabilities.
9.2 You agree that because of your use the Service, your violation of this agreement or your infringement of any rights including but not limited to intellectual property rights, portrait rights or reputation causing PikPak, PikPak affiliates or any third parties for any losses, you agree to the full compensation and indemnify PikPak from any loss.
Others
10.1 You understand and agree that PikPak has the right to independently decide the business strategy and transfer all rights and obligations hereunder to its affiliates according to its business adjustments, and the transfer will be notified in the manner provided in this Agreement.
10.2 Any notice issued by PikPak to you may be provided by email or online page announcement, and shall be deemed to have been served or effective to you as of the date of sending.
10.3 The laws of Singapore shall apply to the interpretation and validity of this Agreement and the resolution of disputes. In the event of any dispute or controversy between the Developer and PikPak, the dispute or controversy shall first be resolved by amicable negotiation, and if such negotiation fails, the Developer hereby fully agrees to submit the dispute or controversy to the jurisdiction of the Singapore courts only.
10.4 You may use the PikPak Open SDK Service only as permitted by applicable law, including export control laws and regulations. Especially, you must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, the above countries include but not limited to Crimea, Cuba, So-called Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR), Iran, North Korea, and Syria; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) other counties that we are currently not providing Services to, such as the People’s Republic of China.
10.5 If any provision of this Agreement is completely or partially invalid or unenforceable for any reason, the remaining provisions of this Agreement shall remain valid and binding.