iKala AIOps User Agreement (referred to as “this Agreement”) is an agreement between iKala AIOps (referred to as “iKala AIOps”, “this service”, “platform”, “our company” or “we”) and general users of iKala AIOps (referring to users who have not registered as members, referred to as “users”, “general users” or “you”) and registered members (referred to as “members” or “you”). iKala AIOps is a product/service owned by iKala Interactive Media Co., Ltd., and all members and users are VIPs who use iKala AIOps services. When you use or access the iKala AIOps website, any iKala AIOps product, software, data source, and all services provided to you through iKala AIOps, it is deemed that you are aware of and fully agree to all the provisions of this Agreement and agree to be bound by it and related laws.

You should regularly check the latest version of this Agreement. iKala AIOps may modify or correct this Agreement and related policies at any time at its discretion. If you continue to use this service, it means that you agree to accept the above-mentioned modifications or corrections.

If you are under 7 years old, your legal guardian should register for this service for you, and your legal guardian should accompany you throughout the use of this service. If you are over 7 years old but under 20 years old, you must have your legal guardian read, understand, and agree to the content of this Agreement and its amended content before using this service, and obtain their consent before registering or using this service. When you use this service, it is deemed that your legal guardian has read, understood, and agreed to the content of this Agreement and its subsequent modifications and changes.

If you do not agree to any part of this Agreement, please stop using this service.

1. Service Description

The main content of the AIOps service provided by iKala AIOps is to provide enterprise operation and management services, including applications such as automated monitoring, service anomaly detection, security vulnerability detection, and service operation audit. Members can also understand related data analysis results through the platform, in order to improve the efficiency of enterprise operation and management. In addition, the platform has the right to change the application name and/or add or delete application categories due to updates in the content of AIOps services.

2. Registration and Member Information

By using the platform, the user agrees to:

• Provide true, accurate, and complete registration information;
• Ensure that the content of their monitoring and maintenance requests is legal and does not infringe on any third-party rights;
• Use the platform according to the rules and user guides provided by the platform;
• Pay for the relevant services provided by the platform;
• Comply with the relevant regulations and laws of the platform and not engage in illegal activities using the platform;
• Protect their account and password and avoid being used by others;
• Not interfere with other users’ normal use of this platform.

3. Provision of Service

Once you have completed the registration process on iKala AIOps and our company has completed the cloud setup, you will become a registered member of our company and can start using the free trial function of our service.

1. To use the cloud monitoring function of this platform, registered members must first complete the necessary basic setup on their cloud account to collect log records for monitoring purposes. Members also need to complete specific settings to give iKala’s technical team (aiops-help@ikala.tv) administrator access. Detailed setting information will be provided to members, who agree to comply with the setting requirements. If a member does not agree, iKala may not be able to provide the AIOps service.
2. Our company reserves the right to change or cancel the free trial function, and you understand and agree that any related changes or cancellations will be announced on this service platform without individual notice to you.
3. During the trial period, the AIOps host project is only available for use in the AIOps service and cannot be used for other purposes.
4. If a member does not wish to continue using the AIOps service, they may request that our company stop providing the service through the customer service email (aiops-help@ikala.tv).
5. If you have not logged in to use this service for 180 consecutive days, you agree and understand that our company has the right to suspend your use of all free services and delete all data stored on this service. The record of your login to use this service is based on the records retained by our company’s system.
6. Our company reserves the right to add, modify, or cancel all or part of the system or function of this service, and you understand and agree that any related changes or cancellations will be announced on this service platform without individual notice to you.
7. If our company has other usage rules or agreements for individual activities, you should also comply with the usage rules and relevant provisions of each activity. If the usage rules or agreements of each activity conflict with this agreement, our company reserves the right to make the final interpretation.
8. You understand and agree that if this service requires or includes downloadable software, the software may be automatically updated on your device when new versions or new functions are provided, but you can adjust the automatic update settings related to the software based on the device you use.
9. You agree that iKala AIOps may send service announcements or commercial messages to your email, computer, or mobile device.

4. Paid Services

You understand and agree that payment is required to use the paid services provided by the Company. When you purchase a paid service, you agree to comply with the additional payment-related provisions announced by the Company (https://ikala.cloud/aiops/).

The Company has the independent right to decide the billing standard for paid services. After the billing method is announced by the Company, you should follow it accordingly.

The Company reserves the right to add or change the service fees, but if the increase in service fees affects the existing rights of members, the Company shall announce it one month in advance and notify you by email.

1. The platform shall provide members with a report on the usage of the AIOps service, service fees, and invoice for the previous month before the 15th of each month. If the member has any questions about the report, they should inform the platform via email within 7 days of receiving the report. If the platform does not receive any feedback from the member within 7 days, it is deemed that the member has no objection to the usage report provided by the platform.
2. The member should pay the amount on the invoice within 30 days after the invoice is issued, by using a third-party payment company cooperated with the Company or by remitting the payment to the Company’s designated account. The remittance fee or other expenses incurred for remittance shall be borne by the member:
   
   • Account Name: iKala Interactive Media Co., Ltd.
   • Bank: CTBC Bank, Xisong Branch
   • Bank Code: 822
   • Account Number: 679-54006174-9
3. If the member delays payment, interest will be charged at a rate of 1.5% per month. If the member fails to pay the due fees on time and does not make corrections within 5 days after receiving the platform’s notice, the platform may stop providing AIOps services. The platform shall not be liable for any losses suffered by the member after the stoppage of AIOps services, including but not limited to lost business opportunities, potential profits, files, records, and any damage or loss of benefits resulting therefrom, except for any rights that can be claimed under applicable laws.
4. If the member fails to pay on time, the member shall pay all costs incurred by the Company for debt collection, including but not limited to related attorney’s fees and litigation fees.
5. The member agrees that the Company may use the member’s case as a cooperation case for promoting AIOps services. However, the Company shall not disclose the confidential information of the member.

5. Rules for Use

The user shall abide by the following rules:

1. Shall not steal another person’s account;
2. Shall not disseminate illegal information;
3. Shall not spread harmful information such as viruses;
4. Shall not use the platform for any commercial activities;
5. Shall not interfere with or damage the normal operation of the platform;
6. Shall not infringe on the rights of other users;
7. Shall not engage in any acts that violate national laws and regulations.

6. System Interruption and Malfunction

The service may experience unexpected interruptions or malfunctions, which may result in your inability to use it, data loss, errors, or other economic losses. You agree that except for reasons caused by the Company’s intentional misconduct or gross negligence, the Company shall not be held liable for any damages caused by system interruption or malfunction.

7. Suspension and Changes of Services

Under the following circumstances, the Company may suspend the relevant services by prior or subsequent notice:

• The Company’s service system requires updates, maintenance, or other construction.
• The telecommunications service provider used by the Company is unable to provide connection services.
• The Company is temporarily unable to provide services due to natural disasters, riots, strikes, or other force majeure factors.
• Other circumstances announced by the Company 24 hours in advance.

The Company shall not be responsible for any compensation to members or general users under the aforementioned circumstances. You agree that the Company may unilaterally decide to change all or part of the service content, and if it involves significant member rights, the Company shall notify members via the email address or mobile phone number listed in the member information one month in advance. If you do not agree with the service changes, you should stop using the relevant services after the announcement or notification.

8. Termination of Services

You understand and agree that iKala AIOps may interrupt all or part of the services of this service at any time based on the actual operation situation, and is not responsible to any individual or third party.

You agree that the Company may terminate or restrict the use of your account (or any part thereof) or the use of this service at any time due to any reason, including but not limited to failure to use it for a certain period of time, court or government agency orders, inability to continue the service, substantial changes in the service content, unexpected technical or security issues or problems, fraudulent or illegal activities, failure to pay fees according to the agreement, or other violations of the express provisions and spirit of this agreement as deemed by the Company. The Company will remove and delete the relevant member content in this service.

When we terminate all or part of our services to you, if it involves services for which members have prepaid fees, we shall notify members one month in advance and post it in an obvious place in this service. If the termination of all or part of the Company’s services results in prepaid fees that cannot be used up at the time of termination, the Company will announce the refund policy in accordance with the law to protect the rights of members.

9. Privacy Protection

Respecting your personal privacy is iKala AIOps’ basic policy. Therefore, iKala AIOps will never disclose, edit, or disclose your data without your lawful authorization, except when required by law or on the basis of good faith that it is necessary to disclose such information, including but not limited to the following circumstances:

• To comply with relevant legal provisions, including inquiries by government law enforcement departments.
• To maintain and provide the normal operation of iKala AIOps services.
• To maintain the trademarks or reputation of iKala AIOps.
• To make every effort to maintain the privacy and security of members and the public in emergency situations.

For detailed regulations on your personal information, please refer to the Privacy Statement of this service.

10. Intellectual Property Protection and Software License and Download Regulations

The intellectual property rights of the videos, text, audio, graphics, computer programs, trademarks, and other content provided by this service belong to the Company or its licensors. Any use without the legal authorization of the Company constitutes an infringement of intellectual property rights.

Anyone (including members or general users of this service) may only use the aforementioned content with the authorization of iKala AIOps or the owner. Users may not use, modify, reproduce, publicly broadcast, adapt, distribute, publish, reverse engineer, decompile, or create derivative works related to the content without the prior written consent of the Company or other rights holders. If you want to quote or repost the aforementioned software, programs, or website content, you must obtain the prior written consent of the Company or other rights holders in accordance with the law.

The service and software provided by the Company are only for your use of the Company’s services. Members and general users may only use the service software provided by the Company for the purpose of using this service within the scope of authorization, and must also respect intellectual property rights. If you violate this, you shall be liable for damages to iKala AIOps (including but not limited to litigation costs and attorney’s fees), and the Company may suspend your account or take other actions.

11. Liability Limitation

You explicitly understand that, except as otherwise provided in this Agreement or other regulations, we do not provide any express or implied warranties for the services provided by the Company, and the foregoing scope of non-warranty includes but is not limited to commercial applicability, suitability for specific purposes, and non-infringement of the rights of others.

The Company specifically declares that it does not provide any warranties for the following matters:

• Whether the service meets the expectations or needs of members and general users.
• Whether the service is provided in a permanent, timely, uninterrupted, secure, stable, and error-free manner.

You agree that we shall not be liable for any non-intentional or grossly negligent liability of the Company, and that our liability for compensation, if any, shall be limited to the total amount of fees paid by you to the Company for using this service in the current year, in cases where the Company is legally liable according to the law.

12. Disclaimer

We will make commercially reasonable efforts to provide you with the best possible experience in terms of quality, accuracy, and completeness of the content provided through our services. However, we and our management, directors, employees, and agents shall not be liable for any compensation in case of errors or omissions in the content.

To the extent permitted by law, iKala AIOps hereby disclaims all warranties, conditions, terms, and statements regarding the accuracy or completeness of the content provided through our services or any linked website and assumes no liability for the following:

1. Errors or inaccuracies in the content of our services
2. Any personal injury or property damage caused by your access or use of our services
3. Unauthorized access to or use of any personal or financial information stored on our servers with security measures
4. Interruptions or transmission failures of our services
5. Any software errors, viruses, trojans, or similar programs that may be transmitted by third parties through our services
6. Any losses or damages of any kind resulting from errors or omissions in the content or the use of the content obtained through publishing, email transmission, transmission or other means through our services. iKala AIOps does not warrant, guarantee, or assume any responsibility for any products or services provided by any third party through our services or any hyperlinks, banners, or other advertisements, as well as any transactions you make with third-party providers regarding products or services. In such cases, you should exercise your own best judgment and reasonable caution.

13. Revision and Effectiveness of this Agreement

iKala AIOps has the right to modify this Agreement, and once revised, the revised terms will be posted on important pages of our services. Such modifications shall take effect immediately upon being posted. iKala AIOps reserves the right to modify this Agreement without notifying its members. iKala AIOps shall not be responsible for any liability towards members or third parties regarding the revision of this Agreement.

If you do not agree with the new provisions of this Agreement or are dissatisfied with the services provided by iKala AIOps, you may exercise the following rights:

• Discontinue using the services of iKala AIOps
• Notify iKala AIOps to terminate the services of your member account.
• Upon termination of the member service, the member’s right to use the service shall be immediately suspended. From that moment, the member shall have no right, and iKala AIOps shall have no obligation to transmit any unprocessed information or unfinished services to the member.

14. Others

The headings used in this Agreement are for convenience only and shall not affect the interpretation, explanation, or understanding of any provisions herein.

If any part of this Agreement is declared invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this Agreement, and such invalid provision shall be dealt with in accordance with relevant laws of the Republic of China (Taiwan) before being modified by the Company.

This Agreement shall be governed by the laws of the Republic of China (Taiwan) and the Taipei District Court shall be the first instance jurisdiction court.

Users shall regularly review the terms of use of this platform to understand any updates or changes. By continuing to use this platform, users indicate that they have read, understood, and agreed to all the contents of this User Agreement. If users do not agree to any content of this User Agreement, please stop using this platform

Last updated: March 15, 2023.