Guance Free Plan Subscription Agreement¶
Effective Date: September 3, 2025
Notice¶
Welcome to sign this "Guance Free Plan Subscription Agreement" (hereinafter referred to as "this Agreement") with Shanghai Guance Future Information Technology Co., Ltd. (hereinafter referred to as "Guance") and use the Guance Free Plan service!
The index keywords listed before the clauses in this Agreement are only for the purpose of helping you understand the main points of the clauses, and do not affect or limit the meaning or interpretation of the clauses of this Agreement. To protect your rights and interests, it is recommended that you carefully read the specific expressions of each clause.
【Careful Reading】 Before agreeing to this Agreement, you should read this Agreement carefully. Please be sure to read carefully and fully understand the content of each clause, especially the clauses on exemption or limitation of liability, applicable law and dispute resolution, which will be marked in bold or underline, and you should focus on reading. If you have any questions about the Agreement, you can consult the customer service and relevant business departments.
【Signing Action】 When you read and click to agree to this Agreement or choose to accept this Agreement in other ways, it means that you have fully read, understood and accepted all the contents of this Agreement, and have reached an agreement with Guance. This Agreement shall be established from the date you click to confirm on the web page or choose to accept this Agreement in other ways. During the process of reading this Agreement, if you do not agree to this Agreement or any of its clauses, please do not proceed with the signing action.
【Signing Entity Statement】
If you are an individual using the service for your own purposes: (1) All references to "customer" are directed to you, (2) You declare that you are legally permitted and have the right to enter into this Agreement.
If you are using the service on behalf of an entity or organization: (1) All references to "customer" refer to that entity or organization, (2) You declare that you have the right, power and authorization to enter into this Agreement on behalf of the customer. (3) When Guance legally uses the customer's business data in accordance with this Agreement, it shall be deemed to have obtained the authorization of the customer you represent. If any related disputes arise as a result, you shall bear all the consequences and responsibilities caused thereby.
Service Terms¶
1. Signing Entity and Scope of Agreement¶
This subscription agreement is an agreement between you and Shanghai Guance Future Information Technology Co., Ltd. regarding your use of the Guance one-stop data monitoring cloud platform [Free Plan] (hereinafter referred to as "Free Plan service"). This Agreement applies to the Free Plan service you access and use through the Guance website (https://www.guance.com/) or client.
2. Service Content¶
2.1 The term "service" in this clause refers to: the Guance one-stop data monitoring cloud platform [Free Plan] service displayed on the Guance website (https://www.guance.com/) and client (hereinafter collectively referred to as "Guance website"), which you apply to use and Guance agrees to provide to you. The Free Plan service provides limited functions and usage quotas. For specific service content and limitations, please refer to the relevant page descriptions on the Guance website.
2.2 The Free Plan service is provided free of charge. Guance reserves the right to modify, suspend or terminate the Free Plan service at any time. Specific changes will be notified to you in advance through website announcements, station letters, emails or SMS.
2.3 The Free Plan service does not include any Commercial Plan functions or advanced support services. If you need more advanced functions or support, you can choose to register for the Guance Commercial Plan service. Specific terms are subject to the "Guance Commercial Plan Subscription Agreement".
3. Service Fees¶
3.1 The Free Plan service does not require payment, but may be subject to usage quotas (such as data storage capacity, query frequency, etc.). For specific quotas, please refer to the relevant page descriptions on the Guance website.
3.2 If you exceed the quota limit of the Free Plan service, Guance has the right to suspend or restrict your service usage rights until you register for the Commercial Plan service or resolve the quota issue in other ways.
3.3 The Free Plan service does not provide invoicing services.
4. Your Rights and Obligations¶
4.1 After successfully activating the Free Plan service, you have the right to require Guance to provide the Free Plan service to you in accordance with this Agreement and the service descriptions, technical specifications and other content displayed on the relevant pages of the Guance website.
4.2 You shall comply with the service descriptions, technical specifications, usage processes, operation documents and other content displayed on the relevant pages of the Guance website (collectively referred to as "operation guidelines"), and operate in accordance with the operation guidelines. You will bear the consequences caused by violating the operation guidelines.
4.3 You are responsible for the integrity and confidentiality of the data you store on the Guance platform and the passwords and passwords for accessing and managing the Free Plan service. You shall bear the losses and consequences caused by improper maintenance or confidentiality of the above data, passwords, etc.
4.4 You must retain the access log records of your website in accordance with the provisions of the "Cybersecurity Law" and the "Administrative Measures for Internet Information Services", including the content of the published information and its publication time, Internet address (IP), domain name, etc. When the relevant state authorities legally inquire, you shall cooperate to provide. You will bear the corresponding legal responsibilities caused by not retaining the relevant records as required.
4.5 You are responsible for the source and content of your user business data. Guance reminds you to carefully judge the legality of the source and content of the data. You will bear the corresponding results and responsibilities caused by the content of your user business data violating laws, regulations, departmental rules or national policies.
4.6 You understand and agree that the state secrets of the People's Republic of China are protected by law, and you have the obligation to keep the state secrets of the People's Republic of China; your use of the Free Plan service shall comply with the requirements of relevant confidentiality laws and regulations, and shall not endanger the security of the state secrets of the People's Republic of China.
4.7 You shall not use the Free Plan service for any commercial purposes or provide services to third parties, unless you obtain the explicit written authorization of Guance.
5. Guance's Rights and Obligations¶
5.1 Guance shall provide the Free Plan service in accordance with the provisions of this Agreement.
5.2 The Free Plan service does not provide telephone support or priority online ticket consultation services. You can submit problem feedback through the Guance website, but the response time and support scope are limited by the nature of the Free Plan service.
5.3 You understand that Guance cannot guarantee that the Free Plan service is flawless, but Guance promises to continuously improve service quality and service levels. You agree: even if the Free Plan service has flaws, but the above flaws are unavoidable by the current industry technical level, they will not be regarded as Guance's breach of contract. You agree to cooperate with Guance to solve the above flaw problems.
5.4 The Free Plan service may be changed, suspended or terminated due to technical upgrades, service system adjustments or national policy changes. Specific changes will be notified to you in advance through website announcements, station letters, emails or SMS.
6. User Business Data¶
6.1 Guance understands and acknowledges that the data you process, store, upload, download, distribute and process in other ways through the Free Plan service are your user business data, and you fully own your user business data.
6.2 Regarding user business data, Guance will not make any unauthorized use or disclosure except to execute your service requirements; but the following circumstances are excluded:
6.2.1 When the relevant state authorities legally inquire or access user business data, Guance has the obligation to cooperate in accordance with the requirements of relevant laws, regulations or policy documents, and disclose to third parties or administrative, judicial and other institutions;
6.2.2 For the purpose of improving and optimizing Guance's products and services, Guance has the right to use your user business data in a non-commercial manner in an aggregated or anonymized manner, including but not limited to product function improvement, service performance optimization, data analysis and generating insights, reports or other materials. Such use will always comply with the security and confidentiality obligations in this Agreement and applicable data protection laws and regulations.
6.2.3 You and Guance have separately negotiated and agreed.
6.3 You can delete, change and other operations on your user business data by yourself. If you release the service or delete the data, Guance will delete your data and no longer retain the data according to your instructions. For the deletion, change and other operations of the data, you should operate carefully.
6.4 When the service period expires, the service is terminated in advance or you violate this Agreement, except as expressly provided by laws and regulations, required by the competent authorities or otherwise agreed by both parties, Guance will continue to store your user business data (if any) only within a certain buffer period (subject to the relevant page descriptions on the Guance website). After the buffer period expires, Guance will delete all user business data, including all cached or backup copies, and will no longer retain any of your user business data.
6.5 Once user business data is deleted, it cannot be recovered; you shall bear the consequences and responsibilities caused by the deletion of the data. You understand and agree that Guance has no obligation to continue to retain, export or return user business data.
6.6 Guance protects the data stored in the Free Plan service in accordance with applicable laws.
7. Intellectual Property¶
7.1 The intellectual property rights of any materials, technologies or technical support, software, services, etc. provided by one party to the other party under this Agreement belong to the providing party or its legal rights holder; except as expressly agreed by the providing party or the legal rights holder, the other party has no right to copy, disseminate, transfer, license or provide others to use the above intellectual achievements, otherwise it shall bear the corresponding responsibilities.
7.2 You shall ensure that the materials submitted to Guance, the use of the Free Plan service and the results produced by using the Free Plan service do not infringe any third party's legal rights. Guance shall ensure that the services provided to you do not infringe any third party's legal rights.
7.3 If a third-party institution or individual questions or complains about the ownership of the intellectual property rights related to the materials you use the Free Plan service, or questions or complains about the ownership of the intellectual property rights of the Free Plan service you use, you and Guance have the responsibility to provide relevant intellectual property proof materials and cooperate with the other party's relevant complaint handling work. For the claims, lawsuits or possible lawsuits caused thereby, the breaching party shall be responsible for resolving, bearing the costs and losses, and exempting the other party from liability.
8. Confidentiality Clause¶
8.1 The term "confidential information" in this service clause refers to the business secrets (including financial secrets), technical secrets, business know-how and/or other confidential information and materials obtained, known or generated by one party (hereinafter referred to as the "receiving party") from the other party (hereinafter referred to as the "disclosing party") or due to the performance of this Agreement by both parties, regardless of the form or carrier of the above information and materials, and regardless of whether the disclosing party indicates that it is confidential in oral, image or written form when disclosing.
8.2 Both parties shall take appropriate measures to properly keep the confidential information provided by the other party, and the degree of prudence of the measures shall not be less than the degree of prudence when protecting their own confidential information. Both parties shall only use the confidential information for the relevant purposes or purposes under this Agreement.
8.3 Both parties guarantee that the confidential information can only be known within the scope of the person in charge and employees engaged in the business of each party, and strictly restrict the employees who have access to the above confidential information to comply with the confidentiality obligations of this clause.
8.4 The above restrictions in this clause do not apply to the following situations:
8.4.1 At or before the signing of this Agreement, the confidential information has been legally owned by the receiving party;
8.4.2 The confidential information has been made public or can be obtained from the public domain when notified to the receiving party;
8.4.3 The confidential information is obtained by the receiving party from a third party who has no confidentiality or non-disclosure obligations;
8.4.4 Without violating the agreed responsibilities under this Agreement, the confidential information has been made public or can be obtained from the public domain;
8.4.5 The confidential information is independently developed by the receiving party or its affiliates or subsidiaries, and no benefit is obtained from the information notified by the notifying party or its affiliates or subsidiaries;
8.4.6 The receiving party is required by a court or other legal, administrative authorities (through oral questions, inquiries, requests for materials or documents, subpoenas, civil or criminal investigations or other procedures) to disclose confidential information;
8.4.7 The receiving party needs to submit materials or make explanations to the aforementioned authorities in combination with the other party's situation in order to apply for a certain business qualification, obtain a certain certification, or comply with national or industry standards/certifications to the administrative authorities, industry associations and other institutions. In such cases, the receiving party shall adhere to the principle of minimum disclosure under necessary circumstances and require the institutions that have obtained the confidential information to keep confidentiality at a standard not lower than this Agreement.
8.5 Both you and Guance shall make the best efforts to protect the above confidential information from being disclosed. Once the above confidential information disclosure incident is discovered, both parties shall cooperate to take all reasonable measures to avoid or mitigate the damage consequences. If the other party suffers losses as a result, the direct economic losses caused to the other party shall be compensated.
9. Publicity¶
9.1 Unless otherwise required by applicable laws or stock exchanges, neither party shall issue any announcement, statement, press release or other publicity or marketing materials related to this Agreement, or use the other party's trademarks or logos in other ways without the prior written consent of the other party. However, Guance may include the customer's name and logo in its Guance customer list, its public website and other promotional materials, in each case, according to any customer brand guidelines available to Guance. Guance agrees to stop using the customer's name and logo within 30 days after the customer submits a request on the "Guance website".
10. Activation, Termination and Change of Service¶
10.1 After you read and click to agree to this Agreement or choose to accept this Agreement in other ways, the Free Plan service will be activated. After activation, you will receive the key and password for logging in and using the service sent by Guance, and the service period will be calculated from the time of activation.
10.2 The Free Plan service is a service without a fixed period, but Guance has the right to suspend or terminate the Free Plan service at any time. Specific changes will be notified to you in advance through website announcements, station letters, emails or SMS.
10.3 The service period will be terminated in advance under any of the following circumstances:
10.3.1 You seriously violate this Agreement (including, you seriously violate the relevant laws and regulations, or you seriously violate any of the commitments under this Agreement, etc.), Guance has the right to terminate the service in advance until all your data is cleared;
10.3.2 Guance may terminate this service agreement by posting a notice on the Guance website or sending you a website notice or written notice 15 days in advance.
10.4 You understand and acknowledge that for technical upgrades, service system upgrades, or due to business strategy adjustments or compliance with major national technical and regulatory policy changes, Guance does not guarantee to provide the Free Plan service permanently, and has the right to change the form, specifications or other aspects of the services provided. Before terminating the service or making the above changes, Guance will make the best efforts and notify you in advance through website announcements, station letters, emails or SMS in one or more ways.
11. Liability for Breach of Contract¶
11.1 If you violate any of the commitments, guarantee clauses, service usage rules or obligations in this Agreement, or Guance judges that your usage behavior is abnormal based on its judgment, Guance has the right to take one or more of the following measures according to the circumstances based on independent judgment and unilaterally: (1) restrict or suspend the use of the service; (2) terminate the provision of the service, terminate this Agreement; (3) pursue your legal liabilities; (4) other measures that Guance deems appropriate. The user losses caused by Guance taking measures such as suspending or terminating the service in accordance with the foregoing provisions shall be borne by you.
11.2 If you violate relevant laws and regulations or the provisions of this Agreement and relevant rules, causing Guance to suffer any losses, be claimed by other users or any third party, or be punished by any administrative department, you shall fully compensate Guance, other users or relevant third parties for the actual losses, including reasonable attorney fees.
11.3 You understand and agree that, given the particularity of computers and the Internet, the following situations do not constitute Guance's breach of contract:
11.3.1 Guance needs to interrupt the service for a short time when configuring, maintaining or upgrading the system and servers;
11.3.2 The speed of your website access decreases due to the blockage of the Internet path.
11.4 In any case, Guance shall not be liable for any indirect, consequential, punitive, incidental or special damages, including the loss of profits suffered by you due to the use of the Free Plan service (even if you have been informed of the possibility of such losses).
12. Notice¶
12.1 When you use the Free Plan service, you shall provide Guance with true and valid contact information (including your email address, contact number, contact address, etc.). For changes in contact information, you have the obligation to update the relevant information in time and maintain a contactable state. The member account (including sub-accounts) that you use to receive station letters and system messages is also your valid contact information.
12.2 Guance will deliver various notices to you through one or several of the above contact methods, and the content of such notices may have a significant favorable or unfavorable impact on your rights and obligations. Please be sure to pay attention in time.
12.3 Guance will send notices to you through the above contact methods. Among them, written notices sent electronically, including announcements, SMS sent to your provided contact number, emails sent to your provided email address, system messages and station letters sent to your account, are deemed to have been delivered after successful sending; written notices sent in paper carriers are deemed to have been delivered on the fifth natural day after being mailed to the provided contact address.
12.4 You shall ensure that the provided contact information is accurate and valid, and update it in real time. If the legal documents cannot be delivered or not delivered in time due to the inaccuracy of the provided contact information or the failure to inform the changed contact information in time, you shall bear the possible legal consequences.
13. Force Majeure¶
13.1 If the performance of this service clause becomes impossible, unnecessary or meaningless due to force majeure or other accidents, the party suffering from force majeure or accidents shall not be liable.
13.2 Force majeure and accidents refer to objective events that cannot be foreseen, overcome and avoided and have a significant impact on one or both parties, including natural disasters such as floods, earthquakes, epidemics, etc., and social events such as wars, riots, government actions, interruption of telecommunication trunk lines, hackers, network congestion, technical adjustments by telecommunication departments and government control, etc.
14. Applicable Law and Dispute Resolution¶
14.1 The conclusion, effectiveness, interpretation, revision, supplement, termination, execution and dispute resolution of this Agreement shall be governed by the laws of the mainland of the People's Republic of China.
14.2 Any disputes arising from your use of the Free Plan service and related to the Free Plan service shall be resolved through negotiation between Guance and you. If the negotiation fails, either party may file a lawsuit with the People's Court of Pudong New Area, Shanghai.
15. Supplementary Provisions¶
15.1 The service descriptions on the relevant pages of the Guance website and the order page you confirm to agree to (including the special terms of the product, service descriptions, operation documents, etc.) are an integral part of this Agreement. In case of inconsistency, the order of application shall be (1) service descriptions, other order pages, (2) special terms, (3) general terms of this Agreement.
15.2 If the content of this Agreement changes, Guance shall notify you of the modification content by posting an announcement on the appropriate page of the Guance website 15 days in advance; if you continue to use the Free Plan service, it shall be deemed that you accept the relevant modifications made by Guance.
15.3 Guance has the right to transfer all or part of the rights and obligations under this Agreement to its affiliated companies by prior notice.
15.4 Guance's waiver of the rights stipulated in this Agreement due to your negligence or breach of contract shall not be deemed as a waiver of your other or subsequent similar negligence or breach of contract.
15.5 If any clause of this Agreement is deemed to be abolished, invalid or unenforceable, the clause shall be deemed to be separable and shall not affect the validity and enforceability of the remaining clauses of this Agreement.
15.6 The guarantee clauses, confidentiality clauses, intellectual property clauses, applicable law and dispute resolution clauses in this Agreement shall not become invalid due to the termination of this Agreement.