China EV DataTracker & GPT Terms of service

(Last Updated: October 1, 2024)

OVERVIEW

This website is operated by ChinaCrunch s.r.o. (further referred as ChinaCrunch) under the CarNewsChina DT trademark.

ChinaCrunch s.r.o., Pricna 1892/4, Nove Mesto, Prague, 110 00, Czechia

VAT: CZ17108322

E-mail: datatracker@carnewschina.com

GSM: +420 720 572 253

Hong Kong branch:
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong

E-mail: datatracker@carnewschina.com

WeChat: CCAutomotive

Throughout the site, the terms “we”, “us” and “our” refer to ChinaCrunch. ChinaCrunch offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or proceed booking through us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, space owners, customers, nomads, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Your Account and Registration

To use ChinaCrunch, you'll need to create an account. You must complete the registration process by providing ChinaCrunch with the information prompted by the registration form, including e-mail address (username), password, and billing information. You agree to provide us with complete and accurate information when you register for the Service, and to keep such information up to date.

You are responsible for safeguarding your login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You agree to notify ChinaCrunch immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Service.

ChinaCrunch may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

2. Use of the Service

2.1 License
Subject to Customer’s compliance with the terms and conditions of this Agreement, ChinaCrunch grants a limited, non-exclusive, non-transferable, license to access and use the ChinaCrunch Service.

2.2 Web Interface & DataTracker GPT Token
Once your registration is completed, you are authorized to use the ChinaCrunch Service. Based on your subscription plan you can use Web Interface Service or Enterprise Service. To use the GPT API you must use the token provided on your account page (“API Token”). You are responsible for all use that occurs under your API Token, including any activities by you or your employees, contractors or agents. If you believe an unauthorized person has gained access to your API Token, you can re-generate a new token by going to your “Account", “Key and Details” page. Performing this action will deactivate your previous issued API token.

2.3 DATATRACKER Rate Limits
You will only access our DATATRACKER by the means described in our documentation. We set and enforce limits on your use of the DATATRACKER (e.g. limiting the number of DATATRACKER requests that you may make in a month period), depending on your plan. If you would like to use the DATATRACKER Service beyond these limits, you must choose a plan that is in accordance with your requirements.

2.4 DATATRACKER Usage & Display
If you intend to display DATATRACKER Data on your website, application or any other platform, you need to comply with the terms and conditions which allow limited, non-exclusive, revocable, non-assignable, personal, and non-transferable licenses to create hyperlinks to their online services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or platform do not suggest any affiliation with or endorsement by the News Source or cause any other confusion regarding your relationship to the News Source or its affiliates or to the online services, (c) the link opens in a new browser window and link to the full version of applicable online services web page; and (d) the links and the content on your website, application or platform do not portray the News Source or its affiliates or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

2.5 DATATRACKER Uptime
ChinaCrunch monitors the uptime of the DATATRACKER service every 5 minutes. ChinaCrunch will not be responsible for lost of profits, revenues, or financial losses due to any DATATRACKER downtime. For Business Plans, ChinaCrunch offers a Service Level Agreement that includes Availability, Performance and Customer Suppport.

2.6 Accuracy of Materials
ChinaCrunch does not make any guarantees, representations or warranties as to, and shall have no liability for, the timeliness, truthfulness, sequence, quality, completeness, accuracy, validity or freedom from interruption on our DATATRACKER Data or website.

2.7 Restrictions
When using the DATATRACKER service or the Platform, you may not (or allow those acting on your behalf to):
1. Sublicense the DATATRACKER for use by a third party. Consequently, you will not create an DATATRACKER Client that functions substantially the same as the DATATRACKERs and offer it for use by third parties.
2. Reverse engineer or attempt to extract the source code from the DATATRACKER or site.
3. Remove any copyright or other proprietary notations from the materials.
4. Attempt to circumvent any restrictions or limits placed on your DATATRACKER key or account (e.g. creation of multiple accounts).
This license shall automatically terminate if you violate any of these restrictions and may be terminated by ChinaCrunch at any time, with or without cause, with or without notice, effective immediately (Section 3.5).

2.8 Feedback
If you provide any feedback (including identifying potential errors and improvements) to ChinaCrunch concerning the DATATRACKER or any aspects of the Service (“Feedback”), you hereby assign to ChinaCrunch all right, title, and interest in and to the Feedback, and ChinaCrunch is free to use, reproduce, disclose, and otherwise exploit the Feedback without attribution, payment or restriction, including to improve the DATATRACKER or the Service and to create other products and services. ChinaCrunch will treat any Feedback as non-confidential and non-proprietary. You will not submit any Feedback that you consider confidential or proprietary.

3. Terms of Subscriptions

3.1 Beta features
Beta features are intended solely for early adopters upon request and serve to test and enhance our products. Access to these beta features is not guaranteed and may be limited to selected users; furthermore, such access is non-enforceable and non-claimable. Beta features may contain bugs and deficiencies, and we do not guarantee their functionality, performance, or availability. We reserve the right to modify or discontinue beta features at any time without prior notice.

3.2 Payment:
The fees for your Plan are billed in advance, are non-refundable, and automatically renew on a monthly basis, as specified in your Plan. If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of DATATRACKER features, or capacity. ChinaCrunch does not accept any liability for such loss. If you upgrade your Plan level, your credit card will immediately be charged a pro-rated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.

3.3 Cancellations:
The only valid method for canceling Basic and Pro Plans is sending your withdraw to email datatracker@carnewschina.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.

3.4 Refunds:
Payments are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or credit. The amount and form of such credits/refunds, and the decision to provide them, are at our sole and absolute discretion. The provision of credits/refunds in one instance does not entitle you to credits/refunds in the future for similar instances, nor does it obligate us to provide credits/refunds in the future, under any circumstance.

3.5 Termination:
Either party may terminate the Services at any time and for any reason. To terminate your use of the DATATRACKER Service, please follow the steps described in Section 3.3 (Cancellations). We may terminate or modify your access to and use of the DATATRACKER Service, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms or if you use the DATATRACKER Service in any way that would cause us legal liability or disrupt others’ use of the DATATRACKER Service. We reserve the right to terminate your account if your subscription becomes delinquent due to past due invoices.

4. Privacy and Copyright Protection

4.1 Privacy Policy
By using our DATATRACKERs, ChinaCrunch may use submitted information in accordance with our Privacy Policy.

4.2 DMCA Policy

ChinaCrunch is committed to respecting and protecting the legal rights of copyright owners. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented for ChinaCrunch's services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through our service, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

1. A description of the copyrighted work that you claim is being infringed;
2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
3. Your address, telephone number, and email address;
4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. Our designated copyright agent to receive such claims can be reached by email: datatracker@carnewschina.com

Further, ChinaCrunch does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5. Publicity

You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential developers and customers, subject to your standard trademark usage guidelines as provided to us from time-to-time.

6. Liability for our DATATRACKER

6.1 Warranties
Our DATATRACKER Service, content and tools are provided "As is" and without warranties of any kind. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatability and noninfringement. Your use of the DATATRACKER Service, content and tools is at your own discretion and risk. We do not warrant that the DATATRACKER Service, content, data, numbers, or tools will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the DATATRACKER Service (or the servers that make such content available) or tool is free of viruses or other harmful components. All provided data are for reference only without guarantee of being error-free and are unsuitable for investment purposes, moreover, they can’t be considered financial advice. We do not warrant or make any representations regarding the use of tools or any content made available through the DATATRACKER Service. You hereby waive any claim against us with respect thereto

6.2 Limitation of Liability
Under no circumstances shall ChinaCrunch be liable to you or to any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, arising out of or in connection with use of the DATATRACKER Service, content or tools, even if ChinaCrunch has been advised of the possibility of such damages. In no event shall ChinaCrunch’s total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount you paid (if any) for accessing or using the DATATRACKER (and related content) or tools, or $100, whichever is less. The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

6.3 Indemnification
You agree to indemnify, defend, and hold ChinaCrunch, its parent, subsidiary and affiliated companies, and each of their respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these DATATRACKER Terms of Use or claims arising from your use of the DATATRACKER (including, without limitation, any claim that your App violates or infringes upon any patent, trademark, copyright, trade secret, or other intellectual property or proprietary right of any person or entity, or violates the right of publicity or privacy of any person, or defames any person or entity). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Indemnified Parties from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising or in any way related to your use of the DATATRACKER (and related Content) and Tools.

7. General Provisions

1. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and ChinaCrunch shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of ChinaCrunch, express or implied, and you shall not attempt to bind ChinaCrunch to any contract.

2. These Terms of Use shall be governed by and construed in accordance with the laws of the European Union and the laws of the European Union, without giving effect to any principles of conflicts of law.

3. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable therefrom and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these DATATRACKER Terms of Use by ChinaCrunch shall be deemed a further or continuing waiver of such provision or any other provision, and ChinaCrunch’s failure to assert any right or provision under these DATATRACKER Terms of Use shall not constitute a waiver of such right or provision.

8. Entire Agreement

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. If you have any questions about these Terms, please contact us at datatracker@carnewschina.com