Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you, whether acting as an individual or on behalf of an entity, and Hunan Jinkun Engineering Co., Ltd., a company duly organized and existing under the laws of the Peoples Republic of China, doing business as KunPower. By accessing, browsing, or using the KunPower website located at https://www.kunpower.autos, or by engaging any of the computer systems design, integration, consulting, or related professional services that we offer, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

If you are using the website or services on behalf of an organization, you represent and warrant that you have the legal authority to bind that organization to these terms. In such a case, references to you in these terms shall refer to both you as an individual and the organization you represent. If you do not possess the requisite authority, or if you disagree with any provision contained in these Terms of Service, you must immediately cease all use of the website and refrain from engaging our services.

KunPower reserves the right to modify, supplement, or replace any portion of these Terms of Service at any time in accordance with Section 14. It is your responsibility to review these terms periodically for updates. Your continued use of the website or services following the posting of any changes constitutes your unconditional acceptance of the revised terms.

2. Description of Services

KunPower, a brand of Hunan Jinkun Engineering Co., Ltd., provides professional services in the field of computer systems design and related technical disciplines. Our core service offerings include, but are not limited to, computer integrated systems design, systems architecture planning, network infrastructure design and implementation, cloud computing integration and migration, cybersecurity architecture and assessment, data analytics infrastructure engineering, IT consulting, and technical advisory services. These services fall within the Professional, Scientific, and Technical Services sector, specifically under the Computer Systems Design and Related Services industry classification.

The specific scope, deliverables, timeline, fees, and other material terms of any professional engagement shall be defined in a separate written agreement, statement of work, or proposal executed by both parties. These Terms of Service govern your use of our website and digital platforms, while any separately executed service agreement governs the specific professional services engagement. In the event of any conflict or inconsistency between these terms and a duly executed service agreement, the service agreement shall prevail with respect to the subject matter of the professional engagement.

We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without prior notice or liability. We may also impose limitations on certain features, restrict access to parts of the website, or update the content and functionality available through our digital platforms at our sole discretion. We undertake no obligation to update, maintain, or continue the availability of any particular service, feature, or content.

3. User Responsibilities

As a user of the KunPower website and services, you agree to use them only for lawful purposes and in compliance with all applicable local, national, and international laws, regulations, and ordinances. You are solely responsible for your conduct while accessing or using our platforms and for any data, content, or materials you submit, post, or transmit through our website.

You agree to provide accurate, current, and complete information when using our contact forms, registering for accounts, or otherwise interacting with our digital systems. You understand that providing false, misleading, or fraudulent information may result in the termination of your access to our services and may constitute a violation of applicable law.

You are responsible for maintaining the confidentiality of any account credentials, passwords, or other authentication mechanisms associated with your use of our services. You agree to notify KunPower immediately of any unauthorized access to or use of your account or any other breach of security that comes to your attention. KunPower shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

4. Account Registration and Security

Certain features of the KunPower website or services may require you to create an account. When you register for an account, you agree to provide truthful, accurate, and complete registration information and to keep that information updated. You may not use as a username any name that belongs to another person or entity, any name that is offensive or obscene, any name that infringes upon the trademark or other proprietary rights of a third party, or any name that violates applicable laws or regulations.

You are fully responsible for all activities that occur under your account, regardless of whether you authorized such activities. This includes any actions taken by individuals to whom you have granted access to your account, as well as any unauthorized access that results from your negligence in safeguarding your credentials. KunPower reserves the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these terms.

We implement reasonable security measures to protect account information, but the security of your account also depends on you. You should choose a strong, unique password, change it periodically, and avoid using the same password across multiple services. If you access our services through a third party authentication provider, you are responsible for the security of your credentials with that provider.

5. Intellectual Property Rights

All content, materials, features, and functionality available on or through the KunPower website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, page layout, design elements, color schemes, typography, and the overall look and feel of the website, are owned by Hunan Jinkun Engineering Co., Ltd., its licensors, or other content providers and are protected by applicable intellectual property laws, including copyright, trademark, trade dress, and patent laws.

The KunPower name, the associated logo, and all related product and service names, design marks, and slogans are trademarks of Hunan Jinkun Engineering Co., Ltd. or its affiliates. You may not use, reproduce, or display these marks in any manner without our express prior written permission. All other trademarks, service marks, and trade names appearing on our website are the property of their respective owners.

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website solely for your personal, non-commercial use, or for the internal business purpose of evaluating and engaging our professional services. This license does not include any right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our website except as explicitly permitted herein.

6. User Content and Submissions

Our website may allow you to submit, upload, post, or transmit content including inquiries, project descriptions, technical specifications, feedback, suggestions, and other materials. By submitting content to KunPower through our website or other channels, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with operating, providing, and improving our services.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit any content you provide to us and to grant the license described above. You further represent that the content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.

KunPower does not claim ownership of any content you submit, and you retain all ownership rights to your content subject to the license granted above. We reserve the right, but do not assume the obligation, to monitor, review, screen, edit, or remove any user content at our sole discretion and without prior notice.

7. Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the KunPower website or services. Violation of any of these provisions may result in the immediate termination of your access to our website and may expose you to civil or criminal liability.

Illegal Activities: Using our website or services for any purpose that is unlawful under applicable laws, regulations, or ordinances, or in connection with any activity that promotes, facilitates, or encourages illegal conduct.

Security Violations: Attempting to probe, scan, or test the vulnerability of our systems or network, circumventing any security or authentication measures, accessing data not intended for your use, logging into a server or account without authorization, or interfering with service to any user, host, or network, including submitting viruses, malware, or conducting denial of service attacks.

Unauthorized Access and Scraping: Using any automated means, including robots, spiders, scrapers, crawlers, or similar data gathering and extraction tools, to access, acquire, copy, or monitor any portion of our website or its content without our express written permission.

Misrepresentation: Impersonating any person or entity, falsely stating or misrepresenting your affiliation with a person or entity, or engaging in any fraudulent, deceptive, or misleading conduct in connection with your use of our website or services.

Intellectual Property Infringement: Uploading, posting, transmitting, or otherwise making available any content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary right of any party. We will respond to clear notices of copyright infringement in accordance with applicable law.

Harassment and Abuse: Using our services to harass, abuse, threaten, defame, or otherwise violate the legal rights of others, including their rights of privacy and publicity, or to transmit content that is obscene, pornographic, libelous, or otherwise objectionable.

8. Third Party Links and Resources

The KunPower website may contain links to third party websites, applications, services, or resources that are not owned, operated, or controlled by KunPower. These links are provided solely for your convenience and informational purposes. The inclusion of any link does not constitute or imply our endorsement, sponsorship, recommendation, or approval of the linked website or its content, products, services, or practices.

KunPower has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, terms of use, or practices of any third party websites or services. When you navigate away from our website through an external link, you do so at your own risk and are subject to the terms and policies of the destination website. We strongly encourage you to review the terms of service and privacy policies of any third party websites you visit.

You acknowledge and agree that KunPower shall not be responsible or liable, directly or indirectly, for any damage, loss, or injury caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third party websites, applications, or resources.

9. Disclaimer of Warranties

THE KUNPOWER WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KUNPOWER AND HUNAN JINKUN ENGINEERING CO., LTD. EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Without limiting the generality of the foregoing, we specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, system integration, data accuracy, and all warranties arising from the course of dealing, usage, or trade practice. We make no warranty that the website will meet your requirements, that access to the website will be uninterrupted, timely, secure, or error-free, that the results obtained from use of the website will be accurate or reliable, or that any defects or errors will be corrected.

We do not warrant or guarantee the accuracy, completeness, timeliness, reliability, or usefulness of any information, content, or materials provided on or through the website. Any reliance you place on such information is strictly at your own risk. We reserve the right to make changes to the website at any time without notice, but we undertake no obligation to update or correct any information.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUNAN JINKUN ENGINEERING CO., LTD., KUNPOWER, OR ANY OF THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability of KunPower and Hunan Jinkun Engineering Co., Ltd. shall be limited to the greatest extent permitted by applicable law. In no event shall our total aggregate liability to you for all claims arising out of or relating to these terms or your use of the website exceed the greater of one hundred United States dollars or the amount you have paid to KunPower in the twelve months preceding the event giving rise to the claim.

The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and KunPower, and the services and website would not be provided without such limitations. The foregoing limitations shall apply even if any remedy provided fails of its essential purpose.

11. Indemnification

You agree to defend, indemnify, and hold harmless Hunan Jinkun Engineering Co., Ltd., KunPower, and each of their respective officers, directors, employees, agents, contractors, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys fees and court costs, arising out of or relating to your violation of these Terms of Service, your use of the website or services, your violation of any applicable law or regulation, or your violation of the rights of any third party.

This indemnification obligation includes any claims arising from content you submit, post, or transmit through our website, your unauthorized use of any content or materials obtained through our website, your conduct in connection with any professional services engagement, and any negligent, reckless, or intentionally wrongful conduct on your part.

KunPower reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You shall not settle any matter subject to indemnification without our prior written consent unless the settlement includes a complete and unconditional release of all indemnified parties.

12. Termination

These Terms of Service shall remain in full force and effect while you use the KunPower website or services. We reserve the right, in our sole discretion and without prior notice or liability, to suspend or terminate your access to the website and services, in whole or in part, for any reason or for no reason, including but not limited to your breach or suspected breach of any provision of these terms.

Upon termination, your right to access and use the website shall immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Termination of your access to the website does not terminate any separately executed service agreement between you and KunPower, which shall continue to be governed by its own terms and conditions. Conversely, termination of a service agreement does not automatically terminate your obligations under these Terms of Service with respect to your use of the website.

13. Governing Law and Dispute Resolution

These Terms of Service and any dispute, claim, or controversy arising out of or relating to them, your use of the website, or the services provided by KunPower shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms or to any professional services engagement.

Any dispute, controversy, or claim arising out of or in connection with these terms, including any question regarding their existence, validity, interpretation, breach, or termination, shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within thirty days of one party providing written notice of the dispute to the other party, either party may refer the dispute to binding arbitration.

The arbitration shall be conducted in Changsha, Hunan Province, China, in the English language, by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within fifteen days, either party may request that the arbitration be administered by the China International Economic and Trade Arbitration Commission in accordance with its then-current rules. The arbitral award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

14. Changes to These Terms

KunPower reserves the right to amend, modify, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will revise the Effective Date at the top of this page and, where reasonably practicable, provide notice of the changes by posting a prominent announcement on our website, sending an email notification, or using other reasonable means of communication.

It is your responsibility to check this page periodically for changes. Your continued use of the website or services after the effective date of any revised terms constitutes your acceptance of the updated terms. If you do not agree to the revised terms, you must discontinue use of the website and services immediately.

Any changes to these terms will apply prospectively only and will not alter the respective rights and obligations of the parties that have accrued prior to the effective date of the changes, unless otherwise required by applicable law.

15. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to provide any legal notices to KunPower, please contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.