These Terms apply to enterprise customers and their authorized users of the Xiliu APM web, Android/PDA, API, and related services included in an order contract.
Xiliu APM website and the support channels stated in the order contract
01Scope, acceptance, and document order
These Terms are between 苏州星河共轨智能科技有限公司 (the “Operator,” “we,” or “us”), the enterprise customer that purchases or activates Xiliu APM (the “Customer”), and its authorized users. The Service does not offer unreviewed public self-registration.
If an order contract, order form, data processing agreement, service level agreement, acceptance record, or other document signed by both parties conflicts with these Terms, that signed document controls for the subject it expressly addresses. These Terms apply to matters it does not address. Product descriptions, help content, and operating instructions explain features but do not expand signed commercial commitments.
By logging in, selecting acceptance, or continuing to use the Service, an authorized user confirms that the user has read and accepts these Terms and has authority for the relevant actions on behalf of the organization. This English version is provided for convenience. If it conflicts with the Chinese version, the Chinese version controls unless applicable law requires otherwise.
02Organization authority and account security
The Customer must appoint an organization administrator, provide accurate and complete company and contact information, and ensure that provisioning, renewal, role configuration, API use, device binding, and higher-risk operations are performed only by authorized people. The Customer must keep information current and promptly disable users who leave, change roles, or lose authorization.
An account may be used only by its authorized user. Customers and users must not rent, sell, or transfer accounts; disclose passwords, verification codes, access tokens, or API keys to unrelated parties; or bypass user, device, tenant, or permission controls. If credentials are exposed or suspicious activity occurs, the Customer must promptly reset or disable access and notify the Operator.
Within its authority, the organization administrator controls users, roles, permissions, and enterprise data. Users understand that their organization may access, export, correct, or delete business information and operation records within the organization's account under its internal rules.
03Provisioning and feature scope
The Service may include order, procurement, inventory, production, quality, equipment, drawing/file, contract, reporting, alert, messaging, API, and intelligent-assistance modules. Available functions, users, devices, capacity, support, deployment, term, and service levels are defined by the order contract, order form, and delivery inventory.
Some features depend on the Customer's network, browser, mobile client, PDA/scanner/printer, third-party account, external API, hardware, or data quality. The Customer must provide and maintain required conditions. A demo, preview, test, beta, or controlled pilot not expressly committed in the contract is provided as available and may change or end, but this does not permit the Operator to remove purchased core functionality without following the contract.
04Acceptable use
Customers and users must not use the Service for unlawful, infringing, fraudulent, or unsafe activity. They must not:
upload malware, unlawful or infringing content, or data outside their lawful authority;
bypass authentication, tenant isolation, permission, rate, device, or audit controls;
scan, attack, or disrupt the Service or another customer; scrape unauthorized data; or attempt to obtain another user's password, token, or key;
unlawfully copy, rent, resell, impersonate, or reverse engineer the Service beyond what applicable law permits; or
use intelligent-assistance, device-control, or automation features to create or execute instructions that may create personal, equipment, quality, financial, or compliance risk without appropriate human review.
The Customer must maintain approvals, reviews, backups, device safety, and incident controls appropriate to its business risk and remains responsible for its users and the systems, devices, and data sources it controls.
05Customer data and personal information
The Customer retains its lawful rights in Customer Data and authorizes the Operator to process it only as necessary to provide, protect, support, and improve the Customer's subscribed Service under the contract and the Xiliu APM Privacy Policy. Unless agreed otherwise in writing, providing the Service does not transfer ownership of Customer Data to the Operator.
The Customer must ensure a lawful source, appropriate authority, and required permissions for data it collects, uploads, instructs us to process, or provides to a third party. It must provide required notices to employees, customers, suppliers, contract participants, and other individuals. The Customer must not upload state secrets, specially regulated data, or sensitive personal information unrelated to the Service. If such processing is necessary, the Customer must first confirm the required security and compliance conditions with the Operator.
The Operator does not sell Customer Data and will not use it for unrelated advertising profiles or to train a public general-purpose model without an express agreement and required lawful basis.
06Intelligent assistance, devices, and automation
Intelligent suggestions, drawing or document analysis, recognition, prediction, generated content, device data, and automation results may be affected by input quality, model limitations, networks, hardware, sensors, and third-party systems and may be inaccurate, incomplete, delayed, or unsuitable for a particular use.
Before using a result for production planning, quality release, procurement, finance, contracts, personnel, safety, or device control, the Customer must have a qualified and responsible person review it. Unless separately agreed in writing and technically and safely accepted, intelligent assistance does not replace a legally required signature, professional inspection, quality owner, safety interlock, or final human confirmation.
External publication, payments, messaging, device control, data deletion, or another irreversible action must retain the approvals, least privilege, operation records, and verifiable outcomes required by the product and Customer policy. Customers must not bypass those controls.
07Intellectual Property
Intellectual property in the Xiliu APM software, interface, documentation, marks, algorithms, model orchestration, general templates, and improvements belongs to the Operator or the relevant rightsholder. The Customer receives a non-exclusive, non-transferable right to use the Service during the contract term and within the authorized scope. Purchase does not transfer source code, trademarks, or any right not expressly granted.
The Customer retains applicable rights in data, files, drawings, marks, and content it lawfully provides and grants the Operator only the limited processing rights necessary to perform the contract. Suggestions or feedback may be used to improve the Service, but the Operator will not publicly disclose Customer Confidential Information or identify the Customer without written permission.
If a third party submits an infringement notice, the parties will promptly provide necessary materials and cooperate. The Operator may restrict access to clearly unlawful or infringing content and preserve evidence, with notice to the Customer where legally permitted.
08Fees, taxes, and payment
Plan, pricing, payment schedule, invoices, renewal, refunds, and late-payment terms are stated in the order contract or order form. Unless stated otherwise there, the Customer is responsible for applicable taxes. A third-party payment provider may process payment-account and authentication information under its own rules.
The parties may agree to renew before the Service term ends. These Terms alone do not authorize automatic charges. The Customer should promptly report reconciliation or payment issues and must not disclose passwords, verification codes, or payment credentials through an unofficial channel.
09Third-party products and integrations
Customer-enabled cloud, payment, email/messaging, intelligent-model, mapping, hardware SDK, ERP/MES, open API, or other third-party products may be subject to third-party terms and privacy rules. The Operator remains responsible for contract and security management of providers it selects as part of the Service. The Customer is responsible for third-party products it independently selects, purchases, or controls.
A third-party outage, API change, expired authorization, or Customer configuration error may affect an integration. The Operator will provide reasonable assistance under the contract but does not make guarantees outside legal and contractual obligations for independent conduct it cannot control.
10Confidentiality and security
Each party will protect information disclosed in the relationship that is marked confidential or should reasonably be understood as confidential and disclose it only to people who need it to perform the contract and are bound by confidentiality duties. This does not cover information lawfully public, lawfully received from a third party without a confidentiality duty, independently developed, or required by law to be disclosed. Before compelled disclosure, the receiving party will notify the other where permitted.
The Operator applies risk-appropriate tenant isolation, access control, encryption in transit, audit logging, backup/recovery, and vulnerability management. The Customer is responsible for its clients, site network, accounts, API keys, exported files, and internal access. Each party will promptly notify the other of a security incident affecting the Service or data and cooperate to contain, investigate, and recover.
11Maintenance, changes, and availability
The Operator provides the Service under the order contract or service level agreement. Planned maintenance will be announced in advance where reasonably practicable. Emergency security remediation, infrastructure failure, or action required to prevent harm may occur without advance notice. The Operator will reasonably minimize impact and restore the Service.
We may improve interfaces, workflows, and non-core functions. A change with a material adverse effect on purchased core functionality, data compatibility, or use will be notified according to the contract or with reasonable advance notice and handled through migration, replacement, or another contracted remedy.
12Restriction, suspension, and termination
The Operator may restrict or suspend an affected account, feature, or API to the extent necessary when there is an active security threat or attack, suspected unlawful or infringing use or material breach, a threat to another tenant or the platform, a lawful order from a competent authority, or undisputed overdue fees under the contract.
Unless immediate containment is necessary or notice is legally prohibited, the Operator will explain the reason and provide a reasonable opportunity to cure. A restriction must be proportionate and removed when the risk is resolved. Either party may terminate only as permitted by the order contract; these Terms do not create an additional termination-for-convenience right.
13Data export and post-termination handling
The Customer should back up and export data during the Service term. After termination or expiry, the Operator will provide the contractual export or handover period, during which the Customer must download and validate the data. Format, scope, and assistance charges depend on the contract and product capability.
After that period, remaining Customer Data is deleted, anonymized, or restricted under the contract, Privacy Policy, and law. Transactions, audit records, contracts, backups, or dispute materials subject to legal or necessary retention may remain securely stored for the applicable period. The Customer cannot require deletion that would violate a legal duty.
14Representations, warranties, and liability
Each party represents that it has authority to enter into and perform its agreements. The Operator will provide the Service with reasonable skill and care and address reproducible defects as agreed. The Customer is responsible for business decisions, lawful data, production and device safety, user authority, and following instructions.
To the extent permitted by law, losses caused by Customer configuration, unauthorized modification, Customer or third-party networks/hardware/systems, incorrect data, failure to maintain reasonable backups, or failure to conduct a required human review are allocated according to cause and the signed contract. Intelligent or automated output is not an independent guarantee of a business outcome, quality acceptance, production safety, or legal compliance.
Recoverable damages, exclusions of indirect loss, and liability caps are governed by the signed contract or, if it is silent, applicable law. Nothing in these Terms excludes or limits liability for intentional misconduct, gross negligence causing property loss, personal injury, infringement of personal information rights, or liability that cannot legally be excluded or limited.
15Force majeure
If an unforeseeable, unavoidable, and insurmountable event prevents or delays performance, the affected party must promptly notify the other, provide reasonable evidence, and mitigate loss. Liability is excused in whole or part according to the event's effect and applicable law. Lack of funds, internal mismanagement, or a failure reasonably avoidable through redundancy is not automatically force majeure.
16Updates and notices
We may update these Terms when law or the Service changes. A material change to Customer rights or duties will be announced with reasonable advance notice through the product, an in-service message, a contracted channel, or another prominent method. An update will not retroactively change a completed transaction or replace a contract amendment that both parties must sign.
If the Customer disagrees with a material update, it may contact the Operator before the effective date. The order contract and applicable law govern the next steps. Continued use does not waive a right that cannot lawfully be waived.
17Governing law, disputes, and contact
These Terms and related formation, performance, interpretation, and disputes are governed by the laws of the People's Republic of China. The parties will first use the order-contract contacts to negotiate in good faith. An unresolved dispute will follow the signed contract or, if it is silent, may be brought by either party before a court with competent jurisdiction under applicable law.
Platform operator: 苏州星河共轨智能科技有限公司. For service issues, complaints, an explanation of a standard clause, or a dispute, use the contact entry on the Xiliu APM website or the support channel in the order contract. Do not send passwords, verification codes, payment credentials, or other unnecessary sensitive information through a public channel.
* “Suzhou Xinghe Gonggui Intelligent Technology Co., Ltd.” is an English translation provided for reference and is not represented as the company's registered English name. The Chinese registered name controls.