ESIGN SERVICE AGREEMENT

Updated: January 5, 2023

Effective date: January 5, 2023

This Agreement is between eSign and you in connection with your use of eSign services.

FOR THE PURPOSE OF USE OF ESIGN SERVICE, YOU SHOULD FULLY READ AND UNDERSTAND THIS AGREEMENT, AND THE RESTRICTIONS, EXEMPTION CLAUSES OR OTHER TERMS INVOLVING YOUR MAJOR RIGHTS AND INTERESTS WILL PROMPT YOU TO PAY ATTENTION TO THEM IN THE FORM OF BOLD, UNDERLINED, ETC. IF YOU DO NOT FIND BOLD AND UNDERLINED CLAUSES IN THE WHOLE TEXT WHEN READING THIS AGREEMENT, IT MEANS THAT THE TERMINAL DEVICE YOU USE TO READ THIS AGREEMENT HAS THE PROBLEM OF IMPROPER ADAPTATION, AND FOR THE PURPOSE OF PROTECTING YOUR RIGHTS AND INTERESTS, IT IS RECOMMENDED THAT YOU READ THIS AGREEMENT ON THE OFFICIAL WEBSITE OF ESIGN. THIS AGREEMENT IS PUBLISHED ON THE OFFICIAL WEBSITE OF ESIGN: https://www.esign.cn/gw/fwxy/

FOR THE PURPOSE OF ENSURING THE CONTINUITY OF THE SERVICE, YOU AGREE THAT ESIGN WILL UNILATERALLY CHANGE THE CONTENT OF THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU SEPARATELY. THE CHANGES ARE ALSO POSTED ON THE OFFICIAL WEBSITE OF ESIGN, AND YOU CAN CHECK THIS AGREEMENT AND ITS HISTORICAL VERSION. PROVIDED THAT YOU CONTINUE TO USE THE ESIGN SERVICE AFTER THE CONTENT OF THIS AGREEMENT IS ANNOUNCED AND CHANGED, IT MEANS THAT YOU HAVE FULLY READ, UNDERSTOOD AND ACCEPTED THE CHANGED CONTENT OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE REVISED TERMS; WHEREAS YOU DO NOT AGREE TO THE CHANGED AGREEMENT, YOU SHOULD CEASE TO USE THE ESIGN SERVICE.

YOU SHOULD ENSURE THAT YOU HAVE FULLY READ, UNDERSTOOD AND AGREED TO ACCEPT AND BE BOUND BY THIS AGREEMENT, OTHERWISE, PLEASE DO NOT USE THE ESIGN SERVICE. IF YOU CONFIRM OR OTHERWISE EXPLICITLY OR IMPLICITLY ACCEPT THIS AGREEMENT, OR YOU USE THE ESIGN SERVICE IN ANY WAY, YOU ARE DEEMED TO HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT, AND THERE WOULD BE THE LEGAL EFFECT BETWEEN YOU AND ESIGN.

eSign and you agree being bound by this Agreement on the following matters:

1. EXPLANATION OF TERMS

2. ESIGN SERVICE（INCLUDING DIGITAL CERTIFICATES SERVICE)

3. SERVICE FEES

4. USER ACCOUNT AND USAGE

5. INTELLECTUAL PROPERTY RIGHTS

6. LIABILITY FOR BREACH OF CONTRACT AND LIMITATION OF LIABILITY

7. MISCELLANEOUS

1.EXPLANATION OF TERMS

1.1 eSign

Refers to "Hangzhou eSign Information Technology Co., Ltd.", which is the operator of the eSign platform and the provider of eSign services. 

1.2 eSign platform

Refers to the official website of eSign (Domain Name: eSign.cn), the eSign Application(APP) and the eSign Open Platform (Domain Name: eSign.cn).

1.3 eSign Service

Refers to various products and services such as electronic signature, identity authentication(including verification of digital certificate registration), contract signing, contract management, Deposit and Third-party testimony and other products and services provided by eSign in the form of websites, applications, open interfaces or other forms (subject to the actual provision of eSign).

1.4 Electronic Signatures

Data contained in electronic form in a data message that is used to identify the signatory and indicate the signatory's approval of its contents. A reliable electronic signature shall comply with the provisions of Article 13 of the Electronic Signature Law of the People’s Republic of China. A reliable electronic signature makes the same legal effect as a handwritten signature or seal.

1.5 Digital Signature Technology

An electronic signature technology is a specific application of Asymmetric Encryption Algorithms. A digital signature is some data attached to a data unit, or a cryptographic transformation made to a data unit. This data or transformation allows the recipient of the data unit to confirm the origin of the data unit and the integrity of the data unit and to protect the data from forgery. Asymmetric keys are divided into private key and public key. A private key is a key generated by a mathematical operation used to make a digital signature, and the private key is kept or controlled by the holder; A public key is a mathematically generated key that is publicly available and can be used to verify a digital signature generated by its corresponding private key.

1.6 Digital Certificates

That is, the electronic signature certification, which is an electronic file issued by the electronic certification service authority （）（AKA “CA”）which contains the name of the electronic certification service provider, the name of the certificate holder, the serial number of the certificate, the validity period of the certificate, the electronic signature verification data of the certificate holder, the electronic signature of the electronic certification service provider and other information. "Digital Certificate" in this Agreement refers to personal digital certificates and enterprise (including other organizations) digital certificates, including UKEY certificates and cloud certificates. THE PRIVATE KEYS WITHIN UKEY DEVICES ARE KEPT BY THE HOLDERS AT THEIR HANDS; THE PRIVATE KEYS WITHIN THE CLOUD SERVERS ARE CONTROLLED BY THE HOLDERS THROUGH DIRECTIVES TO ESIGN, SECURELY ENCRYPTED AND STORED BY ESIGN AND CALLED ACCORDING TO THE HOLDER'S WISHES.

1.7 Trusted timestamps

Refers to the timestamp service built by the national timing center to provide the time source and electronic certification service provider.

1.8 Electronic Certification Service Authorities

Refers to an electronic certification service provider established in accordance with the provisions of the Electronic Signature Law, referred to as a CA institution Electronic certification service Authorities shall formulate electronic certification business rules in accordance with the Measures for the Administration of Electronic Certification Services, authorize Registration Authorities to provide registration services, and file with the Ministry of Industry and Information Technology.

1.9 Registration Authorities

Refers to the entity that establishes the registration process for the certificate applicant, referred to as the RA  institution. The registration authority identifies and authenticates the certificate applicant, initiates or transmits the certificate revocation request, and is entrusted by the electronic certification service authority to approve the application for renewal of the certificate or renewal of the key on behalf of the electronic certification service authority. In this Agreement, the Registration Authorities refers to eSign.   

1.10 Electronic Signature

The combination of electronic seal graphic data and corresponding digital certificate has the basic characteristics of digital storage, unique identification, and protection based on digital signature technology. The electronic seal graphics are divided into 3 categories, i.e. template seals, custom seals and third-party authorized electronic seals. Template seal refers to the electronic seal graphic generated by eSign based on the name of the digital certificate holder; Custom seal refers to the seal graphic uploaded by you or other subjects with corresponding permissions and can be used after the approval of eSign, and the third-party authorized electronic seal refers to the signature graphic that you share to eSign from other platforms through authorization.

1.11 Hand-drawn signatures

The combination of signed graphic data and corresponding digital certificates has the basic characteristics of digital storage, unique identification, and protection based on digital signature technology. The signature graphics provided by eSign are divided into hand-drawn signature graphics and AI hand-drawn signature graphics. Hand-drawn signature graphics refer to the graphics that the user has hand-drawn on the transmission medium; AI hand-drawn signature graphics refer to the graphics that users have hand-drawn on the transmission medium and have passed AI recognition.

2.ESIGN SERVICE

2.1 Electronic Signature Services

 You can create and use your own electronic signature through the eSign service. To use the eSign service, you need to become an eSign user, choose the identity authentication method that suits you to apply for a digital certificate, make your eSign or hand-drawn signature, and complete the signing of electronic documents according to your wishes.

2.2 Authentication Services((including verification of digital certificate registration service)

2.2.1 You can authenticate your identity through the eSign service. You can use the eSign service to authenticate the identity of individuals and enterprises (including other organizations). PROVIDED THAT YOU CONDUCT IDENTITY AUTHENTICATION ON BEHALF OF AN ENTERPRISE (INCLUDING OTHER ORGANIZATIONS), YOU SHOULD ENSURE THAT YOU HAVE OBTAINED THE LEGAL AUTHORIZATION OF THAT ENTERPRISE PERMITTING YOU TO ACT ON BEHALF OF IT (INCLUDING OTHER ORGANIZATIONS), AND ENSURE THAT IT ACCEPTS THE BINDING OF THIS AGREEMENT.

2.2.2 FOR THE PURPOSE OF PROVIDING AUTHENTICATION SERVICE, ESIGN NEEDS TO PROCESS YOUR PERSONAL INFORMATION , AND YOU AGREE THAT ESIGN SHALL PROCESS YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY OF ESIGN, OTHERWISE ESIGN CANNOT PROVIDE YOU WITH AUTHENTICATION SERVICES. FOR DETAILS OF PERSONAL INFORMATION PROCESSING RULES, PLEASE REFER TO THE Privacy Policy of eSign. 

URL: https://www.eSign.cn/gw/fwxy/.

2.2.3 The authentication services provided by eSign include identity authentication and willingness authentication. Identity authentication refers to a service that eSign shall confirms the authenticity of your identity through information comparing, face comparison, payment of corporate accounts,  SMS OTP(one time password) or manual certification, and then feedback the authentication results after finishing each of the aforementioned methods. Willingness authentication refers to the service of confirming your willingness to sign and feedback the authentication result through information comparing, face comparison, audio and video recording, SMS OTP, face /fingerprint recognition or password input.

2.2.4 The authentication result includes whether you have passed identity authentication, as well as the personal information, enterprise or other organization information you provide for identity authentication. The specific scope of information provided is determined to the authentication method you chose to use.

2.2.5 For the purpose of accurately verification of your identity, you authorize eSign to provide your identity authentication information to a third party legally storing your information for comparison and verification when necessary. eSign will try its best to improve the accuracy of the verification results, provided that due to the limited scope of information that eSign can collect, and the industry's technical level and verification methods are still in the process of improvement, eSign cannot ensure that the verification results are completely accurate. Provided that you find that the verification results are inaccurate, you can contact eSign through the customer service telephone number 400-087-8198 to correct it.

2.2.6 YOU AGREE THAT ESIGN AUTHENTICATES YOUR IDENTITY THROUGH THE AUTHENTICATION METHODS PROVIDED BY THE AUTHENTICATION SERVICE, AND YOU SHALL PROPERLY KEEP THE INFORMATION, MATERIALS AND EQUIPMENT THAT CAN AUTHENTICATE YOUR IDENTITY. IF THE RELEVANT INFORMATION, MATERIALS OR EQUIPMENT ARE LEAKED, LOST, OR OTHER CIRCUMSTANCES HAPPENED WHICH ARE OUT OF YOUR CONTROL, YOU SHALL NOTIFY ESIGN IN TIME, OTHERWISE ESIGN HAS THE RIGHT TO DETERMINE THAT THE CORRESPONDING AUTHENTICATION BEHAVIOR IS COMPLETED BY YOU WITH YOUR OWN WISH.

2.2.7 WHERE A RELIABLE ELECTRONIC SIGNATURE SHALL ENSURING THAT THE ELECTRONIC SIGNATURE CREATION DATA IS PROPRIETARY AND CONTROLLED BY YOU SOLELY, SO IDENTITY AUTHENTICATION IS A PREREQUISITE FOR YOUR USE OF ELECTRONIC SIGNATURES. IF YOU DO NOT PASS THE IDENTITY AUTHENTICATION IN ADVANCE, ESIGN WILL NOT BE ABLE TO PROVIDE YOU WITH ELECTRONIC SIGNATURE SERVICES.

2.2.8 PROVIDED THAT YOU ARE WILLING TO USE THE PRODUCTS OR SERVICES OF OTHER PLATFORMS THAT ACCEPT ESIGN'S SERVICES, YOU HEREINAFTER AUTHORIZE ESIGN TO OBTAIN THE AUTHENTICATION INFORMATION YOU PROVIDE DIRECTLY FROM YOU OR THE PLATFORM FOR IDENTITY AUTHENTICATION. AT THE SAME TIME, YOU AUTHORIZE ESIGN TO FEEDBACK YOUR CERTIFICATION RESULTS TO THE AFOREMENTIONED PLATFORM SO THAT YOU CAN CONTINUE TO USE THE PRODUCTS OR SERVICES OF THE PLATFORM.

2.3 Digital Certificate Services

2.3.1 DIGITAL CERTIFICATE SERVICE REFERS TO THE SERVICES PROVIDED BY ESIGN, AS A REGISTRATION AUTHORITY, TO FULFILL THE OBLIGATIONS OF THE REGISTRATION AUTHORITY IN THE ,Certification Practice Statement(CPS). ESIGN AS REQUIRED BY THE ELECTRONIC SIGNATURES ACT COMPLETES THE CERTIFICAITON OF YOUR IDENTITY INFORMATION WHEN RECEIVING YOUR APPLICATION FOR A DIGITAL CERTIFICATE THROUGH THE CERTIFICATION SERVICE, AND APPLIES TO THE ELECTRONIC CERTIFICATION SERVICE AUTHORITY (I.E. CA INSTITUTION) AND ISSUES A DIGITAL CERTIFICATE TO YOU ACCORDING TO THE REAL IDENTITY INFORMATION THAT HAS BEEN AUTHENTICATED. WHEN APPLYING FOR A DIGITAL CERTIFICATE, YOU WILL ENTER INTO A DIGITAL CERTIFICATE SERVICE AGREEMENT WITH THE CORRESPONDING CA INSTITUTION THROUGH ESIGN , AND BY CLICKING TO ACCEPT MEANS YOU AGREE TO SIGN THE AGREEMENT WITH THE CA INSTITUTION. PROVIEDED THAT YOU USE CLOUD CERTIFICATES, THE DIGITAL CERTIFICATE SERVICE ALSO INCLUDES HELPING YOU USE DIGITAL CERTIFICATES UNDER YOUR CONTROL WITH YOUR AUTHORIZATION TO ESIGN THAT CALLS DIGITAL CERTIFICATES FOR YOU, AND THE PRIVATE KEY OF THE DIGITAL CERTIFICATE IS SECURELY ENCRYPTED AND STORED IN ESIGN PLATFORM.

2.3.2 The digital certificate shall contain, at least: the name of the electronic certification service provider; Name of the certificate holder; Certificate serial number; Certificate validity period; The certificate holder's electronic signature verification data; The electronic signature of the electronic certification service provider; Other contents stipulated by the State Council's Department in charge of the information industry.

2.3.3 DIGITAL CERTIFICATE CHARGES: PROVIDED THAT YOU USE ESIGN SERVICE TO SIGN, YOUR APPLICATION FEE FOR DIGITAL CERTIFICATES IS INCLUDED IN THE COST OF THE ELECTRONIC CONTRACT SERVICE, AND ESIGN DOES NOT CHARGE APPLICATION FEE SEPARATELY.

2.3.4 APPLICATION OF DIGITAL CERTIFICATE. BEFORE YOU CAN USE A DIGITAL CERTIFICATE, YOU NEED TO APPLY FOR A DIGITAL CERTIFICATE TO ESIGN. WHEN YOU CLICK TO ACCEPT THIS AGREEMENT OR ACCEPT THE ESIGN SERVICE, YOU HAVE MADE AN INTENTION TO APPLY FOR A DIGITAL CERTIFICATE (EXCLUDING THE SOLELY USE OF AUTHENTICATION SERVICES). YOU SHALL TRUTHFULLY PROVIDE THE MATERIALS REQUIRED FOR YOUR APPLICATION FOR A DIGITAL CERTIFICATE IN ACCORDANCE WITH THIS AGREEMENT FOR ESIGN TO CERTIFY. IF YOU APPLY FOR A DIGITAL CERTIFICATE ON BEHALF OF AN ENTERPRISE (INCLUDING OTHER ORGANIZATIONS), YOU SHOULD ENSURE THAT YOU HAVE OBTAINED THE LEGAL AUTHORIZATION OF THE ENTERPRISE (INCLUDING OTHER ORGANIZATIONS) FOR APPLYING IT AS WELL AS THAT IT ACCEPTS TO BE BOND BY THIS AGREEMENT.

2.3.5 Issuing, renewaling and modificating of digital certificates. After the digital certificate application materials you submit pass the certification of eSign, eSign would informs the electronic certification service authority to issue a digital certificate for you. eSign will notify you of the result of your digital certificate application in a certain way, such as: if your application fails, you cannot continue to use eSign services. The validity period of your digital certificate is usually one year from the successful date of application. The specific period is the validity period specified on the digital certificate. When the validity period of the digital certificate expires, eSign will automatically update the digital certificate for you. Provided that your digital certificate information changes within the validity period, you shall promptly notify eSign in writing and cease the use of the digital certificate.

2.3.6 Usage of Digital Certificates.WHEN YOU SIGN ELECTRONIC DOCUMENTS THROUGH THE ESIGN PLATFORM OR OTHER PLATFORMS THAT ACCEPT ESIGN SERVICES, YOU NEED TO CONFIRM YOUR IDENTITY AND WILLINGNESS TO SIGN ON BEHALF OF THE ACT OF APPLYING FOR AND USING A DIGITAL CERTIFICATE. THE DIGITAL CERTIFICATE YOU APPLY FOR THROUGH ESIGN CAN ONLY BE USED DURING THE VALIDITY PERIOD AND ON THE ESIGN PLATFORM OR OTHER PLATFORMS THAT ACCEPT ESIGN SERVICES. WHEN YOU CLICK TO ACCEPT THIS AGREEMENT OR ACCEPT THE ESIGN SERVICE, IT MEANS THAT YOU AUTHORIZE ESIGN TO KEEP THE PRIVATE KEY OF THE CLOUD CERTIFICATE FOR YOU (UKEY CERTIFICATE USERS DO NOT APPLY TO THIS AUTHORIZATION CLAUSE), AND UNDER YOUR EXCLUSIVE CONTROL, CALL THE DIGITAL CERTIFICATE FOR YOU ACCORDING TO YOUR WISHES TO HELP YOU USING THE DIGITAL CERTIFICATE. YOU ACKNOWLEDGE THE FOREGOING USE, AND YOU ACKNOWLEDGE THAT YOU HAVE INDEPENDENT RIGHTS TO USE THE DIGITAL CERTIFICATE. YOUR RIGHTS ARISING FROM YOUR USE OF DIGITAL CERTIFICATES SHALL BE ENJOYED BY YOU; YOU SHALL BEAR THE OBLIGATIONS AND RESPONSIBILITIES ARISING FROM YOUR USE OF DIGITAL CERTIFICATES.

2.3.7 Revoking digital certificates. Revoking digital certificates is divided into active revocation and passive revocation. Active revocation refers to the situation where you submit a revocation application and revoke the certificate after being certified and approved by eSign; Passive revocation refers to the use of certificates by revocation of certificates when the electronic certification service authority or eSign confirms that you have violated the regulations, agreements or the death of the subject, etc., to cease the certification of the certificate. If you are an enterprise user and your enterprise is divided, merged, dissolved, cancelled, declared bankrupt or collapse, or your business license is revoked, you shall notify eSign in writing to apply for revocation of the digital certificate and cease the use of the digital certificate within 5 working days when the above situation occurs. If your usage of digital certificates violates laws and regulations or seriously violates this agreement, eSign has the right to apply to the electronic certification service authority to revoke your digital certificates, and requires you to bear corresponding responsibilities. If your digital certificate is revoked, the validity period of the digital certificate expires.

2.3.8 IF THE PRIVATE KEY OF THE UKEY CERTIFICATE IS DAMAGED, LOST, LEAKED, LOSES YOUR EXCLUSIVE CONTROL OR  THE CLOUD CERTIFICATE LOSES YOUR EXCLUSIVE CONTROL DURING THE VALIDITY PERIOD, YOU SHALL APPLY FOR REVOCATION PROCEDURES IN A TIMELY MANNER, AND THE REVOCATION SHALL TAKE EFFECT WHEN THE FORMALITIES ARE COMPLETED, AND YOU SHALL BEAR THE LOSSES INCURRED BEFORE THE REVOCATION TAKES EFFECT. You shall promptly inform eSign when you know or should know that the foregoing situation occurs, assist in completing the revocation of the certificate, and terminate the use of the certificate.

2.3.9 eSign will store the relevant information of your digital certificate for at least 5 years after the expiration of your digital certificate.THE INFORMATION RELATED TO YOUR DIGITAL CERTIFICATE BELONGS TO YOU AS YOUR PERSONAL INFORMATION, AND ITS PROCESSING RULES AND THE CORRESPONDING RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND ESIGN ARE DETAILED IN Privacy Policy of eSign, URL: https://www.esign.cn/gw/fwxy/.

2.3.10 Usage by Relying Parties. A relying party is an individual or enterprise (including other organizations) that relies on the basic information certified by the digital certificate and conducts business activities based on it. After the relying party receives an electronic file signed by you, it can verify the signature using the public key on the digital certificate to determine whether your electronic signature is valid in the information it receives. The relying party can obtain your personal information contained in the digital certificate, such as your name and ID number, by accepting your signature information.

2.3.11 ANY QUESTIONS ABOUT THE DIGITAL CERTIFICATE YOU HAVE APPLIED FOR THROUGH THE ESIGN SERVICE, YOU CAN CONTACT ESIGN THROUGH CUSTOMER SERVICE HOTLINE 400-087-8198 FOR CONSULTATION.

2.4 Deposit and Third-party testimony

2.4.1 You can store your business data according to your needs. The deposit service provided by eSign can store all kinds of electronic data you need to store through blockchain certificate storage technology, and generate corresponding supporting documents as the Third-party testimony when you need it.

2.4.2 For the purpose of ensure that the electronic documents signed through the eSign service are more probative, you authorize eSign to collect and store your signing information, including but not limited to the device information, network information, system logs, signatory's identity information, signing method, electronic documents and other data related to the signing process. The signing information is synchronously transmitted to the eSign's certificate deposit system in real time for solidification and storage, and you can apply to eSign for the issuance of electronic or paper versions of the supporting documents as the third-party testimony to prove the authenticity of the electronic documents you signed and the signing process.

2.4.3 You authorize eSign to synchronously transmit the hash value of the electronic documents you signed to the notary office cooperating with eSign, and you can apply for the issuance of a notary certificate through eSign, and issue a notary certificate that records whether the hash value of the document to be notarized is consistent with the hash value of the document stored by the dedicated server of the notary office.

2.4.4 You authorize eSign to synchronously transmit the hash value of the electronic documents you signed to the judicial appraisal institution cooperating with eSign, and you can apply for the issuance of a judicial appraisal opinion through eSign, and issue an appraisal opinion on whether the hash value of the document to be authenticated is consistent with the hash value of the document recorded by the authentication system dedicated to the aforesaid judicial appraisal institution center. 

2.5 You can choose the services you need according to your own needs, once you click to confirm, sign the relevant agreement for the purchase of eSign services or pay the price, it is deemed that you have decided to purchase the corresponding services of eSign. The two parties can also sign a separate agreement according to the actual needs of cooperation. The activation of some eSign services requires both parties to sign a separate service agreement, which may be displayed in the form of electronic documents or independent paper documents.

3. SERVICE FEES

3.1 When you use the eSign service, eSign has the right to charge you for the service. eSign has the right to set and adjust the service fee, and the specific service fee shall be subject to the announcement of the charging method listed on the product page of this website or other written agreements between you and eSign when you use the eSign service.

3.2 You shall complete the payment as agreed in a timely manner after the order is submitted. Some services or offers may have time or condition restrictions, inventory restrictions or event quantities, and you may not be able to use the relevant services or enjoy the relevant benefits if you do not pay in time after the order is submitted, or if there is insufficient quantity or the limit has been reached during the payment period.

3.3 If you do not pay the service fee in full within the agreed period, eSign has the right to suspend or cease to provide you with part or all of the services. Except for that there are other agreements between you and eSign.

4. USER ACCOUNT AND USAGE

4.1eSign users

4.1.1 TO USE THE ESIGN SERVICE, YOU NEED TO REGISTER AS AN ESIGN USER. BY CLICT TO ACCEPT THIS AGREEMENT OR USING THE ESIGN SERVICE, YOU AGREE TO BECOME AN ESIGN USER. FOR DETAILS OF THE PERSONAL INFORMATION PROCESSING RULES OF ESIGN USERS, PLEASE REFER TO THE PRIVACY POLICY OF ESIGN,

URL: https://www.esign.cn/gw/fwxy/.

4.1.2 YOU SHOULD BE AWARE THAT THE MAIN BUSINESS SCENARIO OF THE ESIGN SERVICE IS ELECTRONIC DOCUMENT SIGNING, IF YOU ARE UNDER THE AGE OF 18, YOU SHOULD BECOME AN ESIGN USER UNDER THE GUARDIANSHIP OF YOUR LEGAL REPRESENTATIVE, OR LET YOUR LEGAL REPRESENTATIVE SIGN ELECTRONIC DOCUMENTS FOR YOU. IF YOU USE THE ESIGN SERVICE WITHOUT THE CONSENT OF YOUR GUARDIAN, AND YOUR GUARDIAN IS UNWILLING TO RECOGNIZE IT RETROACTIVELY, YOU SHOULD IMMEDIATELY NOTIFY YOUR GUARDIAN TO INFORM US THROUGH CUSTOMER SERVICE 400-087-8198, REQUESTING US TO PROPERLY HANDLE YOUR PERSONAL INFORMATION AND ASSIST YOU IN PROPERLY HANDLING THE SIGNED ELECTRONIC DOCUMENTS. 

4.2 eSign account

It is a unique identification number provided to the user by eSign. You accept the services provided by eSign and manage your information and data on eSign by using your eSign account. You can use your email address and mobile phone number to register, and log in to your eSign account through SMS OTP. You can also combine your mobile phone number to a third-party platform account to register an eSign account, and authorize you to log in to your eSign account through the third-party platform account. You can also set a password for your eSign account as a login method.

4.3 Account Registration

4.3.1 ESIGN USERS ARE DIVIDED INTO INDIVIDUAL USERS AND ENTERPRISE USERS (INCLUDING OTHER ORGANIZATIONS), WHEN YOU AGREE TO ACCEPT THIS AGREEMENT AND REGISTER AS AN ESIGN USER, PLEASE CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, OR YOU REPRESENT A LEGAL PERSON OR UNINCORPORATED ORGANIZATION THAT LEGALLY CARRIES OUT BUSINESS ACTIVITIES OR OTHER BUSINESS. PROVIDED THAT YOU DO NOT MEET THE FOREGOING CONDITIONS, YOU SHALL IMMEDIATELY TERMINATE YOUR REGISTRATION AND CEASE USING THE SERVICE.

4.3.2 You shall fill in the registration information required by eSign accurately and truthfully, and ensure the authenticity of contact information and email address, so that eSign can contact you in a timely and effective manner. YOU REPRESENT AND WARRANT THAT THE CONTACT INFORMATION YOU PROVIDE DURING REGISTRATION IS UNDER YOUR CONTROL, WHETHER OR NOT IT IS IN YOUR OWN NAME, AND REFLECTS YOUR OWN WILL.

4.3.3 IF YOU REGISTER ON BEHALF OF AN ENTERPRISE (INCLUDING OTHER ORGANIZATIONS), YOU SHOULD ENSURE THAT YOU HAVE OBTAINED THE LEGAL AUTHORIZATION OF THE ENTERPRISE (INCLUDING OTHER ORGANIZATIONS) YOU REPRESENTED AND THAT IT ACCEPTS BEING BINDING OF THIS AGREEMENT.

4.4 Account Information Management

4.4.1 You shall promptly update your true and complete identity information and related materials after successful registration in accordance with the requirements of eSign. You shall bear all the consequences caused by your failure to update the information in time, including but not limited to the inability to provide the service or errors in the provision of this service, the account and electronic signature production data stolen by others or caused losses to your business counterparty.

4.4.2 You shall accurately provide and update your contact information in a timely manner so that eSign can contact you in a timely and effective manner. Any losses you suffer in the process of using the Services as a result of not being able to contact you through the contact information you provide shall be undertook by you.

4.4.3 With your authorization, eSign will synchronously transmit the electronic documents you signed to the authorized third-party platform, and you can view the electronic documents you have signed on the third-party platform.

4.4.4 If you authorize it, eSign will synchronously transmit the electronic seal data generated by you on the third-party platform to the eSign platform, and you can choose to use the template seal, custom seal or third-party authorized electronic seal of eSign.

4.5 Account Cancellation

4.5.1 You can only cancel your registered account and cancel your account in accordance with the procedures specified by eSign.

4.5.2 Cancellation is an irretrievable operation, you will no longer be able to use the account or retrieve the content you added or combine to the account through the account, including digital certificates, hand-drawn signatures, electronic signatures, electronic documents and signature record related information, you should back up the relevant information and data by yourself. Before proceeding, please confirm that all data related to the account has been properly processed, and that the corresponding rights and obligations arising from the use of the account have been terminated or properly handled.

4.5.3 Cancellation will lead to the termination of the rights and obligations agreed between eSign and you, and will also lead to the following consequences:

A. The contact person of the account will not be able to contact you through the account;

B. The balance of the account will not be refunded.

4.6 Account Security and Data Storage

4.6.1 You shall properly keep your eSign login account and password, identity information, SMS OTP and other information, and you shall bear the losses caused by password leakage and identity information leakage due to your own reasons. You shall take good care of these products or equipment that are or should be under your control and shall be responsible for any loss caused by the loss of these products or equipment.

4.6.2 Based on the usage habits of users on the computer, mobile phone and other electronic devices, we may set different account login modes and take different measures to identify you when you use specific products.

4.6.3 Where you find that others fraudulently use or steal your eSign login account or have any other situation without legal authorization, which may endanger the security of your eSign account, you shall immediately notify eSign in an effective manner and apply to eSign to suspend the relevant services. You understand that it takes a reasonable period of time for eSign to take action on your request, and before that, eSign shall not be liable for the executed instructions and the losses caused by you.

4.6.4 You shall ensure that you log out with the correct steps at the end of the period of continuous login to the system. eSign cannot and will not be liable for any loss, damage and other adverse consequences arising from your failure to comply with this Agreement.

4.6.5 You confirm that you are solely responsible for your eSign account, and only you can use the Account. The account is not transferable, giftable or inheritable, but the relevant assets in the account can be inherited according to law. When you decide cease to use the account, you shall export or delete the data available in the account and cancel it according to the process prescribed by eSign.

4.6.6 eSign is not responsible for the deletion or storage failure of your relevant data in the service, provided that you acknowledge that the usage records of eSign's account shall be subject to the data recorded by the eSign system.

4.6.7 Unless otherwise agreed, eSign has the right to determine the maximum storage period of a single user's data in the Service according to the actual situation, and allocate the maximum data storage space on the server. You can back up the relevant data in this service according to your own needs.

4.6.8 Provided that you cease using the Service, the Service is terminated or canceled, eSign may permanently delete your data from the server. After the service is ceased, terminated or canceled, eSign is not obliged to return any data to you.

4.7 Account Usage Rules and Restrictions

4.7.1 eSign accepts instructions from you in the following three ways: first, you log in to your eSign account by using your eSign account and password or digital certificate on the eSign platform or other platforms that can use the Services and modify or confirm the instructions in accordance with the preset procedures of the Service; Second, the confirmation message you send to eSign as the name of the account when you register or the communication tool dedicated to you combining to the account; Third, you send confirmation information to eSign through tangible or intangible entities such as the account name or other hardware, terminals, software, code name, encoding, code, and other account names combine to the account name when you register. Any of the instructions you send to eSign through any of the above three methods cannot be revoked, and it shall become a valid instruction for eSign to provide you with electronic signature services, and you shall be responsible for any results produced by eSign's faithful execution of the above instructions. "Combining" as used in this Agreement refers to the corresponding association between your eSign account and the tangible or intangible bodies mentioned above in this article, which enables certain service functions of the eSign service to be realized, and this association relationship sometimes enables these tangible or intangible entities to be used as the basis for eSign to identify and identify your eSign account.

4.7.2IN THE PROCESS OF USING THE ESIGN SERVICE, THE CONTENT OF THIS AGREEMENT, THE INFORMATION PROMPT THAT APPEARS ON THE OPERATION PAGE OR THE CONTENT SENT TO YOUR COMMUNICATION TOOL BY ESIGN ARE ALSO THE RELEVANT RULES FOR YOUR USE OF THE SERVICE, AND YOUR USE OF THE SERVICE MEANS THAT YOU AGREE TO ACCEPT THE RELEVANT RULES OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT ESIGN HAS THE RIGHT TO UNILATERALLY MODIFY THE RELEVANT RULES OF THE SERVICE WITHOUT YOUR CONSENT, THE SERVICE RULES SHALL BE SUBJECT TO THE CONTENT DETERMINED WHEN YOU USE THE SERVICE, AND YOU AGREE AND ABIDE BY THE SERVICE RULES IS THE PREMISE OF YOUR USE OF ESIGN SERVICE.

4.7.3 eSign will notify you of the progress of eSign service and prompt you to take the next step by email, sending mobile phone SMS, APP message push, WeChat public account information push and other platform message push that accepts eSign services, etc., but eSign does not guarantee that you can receive or receive the email or SMS in time, and does not bear any consequences for this, therefore, During the using process, you shall log in to the eSign platform or other platforms that accept eSign services to view and perform electronic signature operations in a timely manner. eSign is not responsible for any disputes or losses caused by your failure to view and perform electronic signature operations in time.

4.7.4 You confirm that if you sign documents on behalf of an enterprise (including other organizations), you have obtained the legal authorization of the enterprise (including other organizations) by providing the necessary signing information (including but not limited to seal graphics, etc.) to eSign, and your signing behavior has been legally authorized by the enterprise (including other organizations). You shall ensure the completeness, authenticity and legality of the foregoing authorization. You shall be responsible for any loss and other adverse consequences arising from your failure to comply with this Agreement.

4.7.5 By actually using the eSign service provided by eSign, you and your signing counter-party are deemed to have reached an agreement on the signing form of the electronic document, and you acknowledge the electronic data generated during the signing process.

4.7.6 When using the Services, you shall abide by the relevant laws and regulations of the People's Republic of China, the laws and regulations of your country or region and relevant international practices, and shall not use the Services for any illegal purpose, nor use the Services in any illegal way, or use the Services for other purposes other than those permitted by eSign. You shall not use this service to engage in acts that infringe on the legitimate rights and interests of others, otherwise eSign has the right to refuse to provide services, and you shall bear all relevant legal responsibilities, so if eSign platform has been damaged by that, you shall be liable for compensation.

4.7.7 You should be aware that, according to the provisions of the Electronic Signature Law of the People's Republic of China, electronic documents relating to such personal relations as marriage, adoption and succession; documents  relating to termination of such public utility services as water supply, heat supply, gas supply and power supply are not applicable to electronic signatures; other circumstances where electronic documentation is not applicable, as provided for by laws and administrative regulations shall also not be signed with electronic signatures. It is your responsibility to confirm whether the documents you need to sign can use electronic signatures, and eSign shall not be liable for your use of electronic signatures in cases that do not apply by law      formulations.

4.7.8 You should be aware that eSign needs to perform platform management obligations. You acknowledge that eSign has the right to set user access policies in accordance with specific laws, regulations, policies and environmental changes, and decide whether to enter into a contractual relationship with you based on the aforementioned policies. You have no objection to this and will cooperate with us to submit your admission materials for verification and accept the results of eSign verification. For details of the user access policy of eSign, please refer to the announcement on the official website of eSign, or contact eSign customer service to obtain relevant policy documents. You acknowledge that eSign has the right to understand the background and purpose of your use of eSign products or services, and you should truthfully provide the true, comprehensive and accurate information required by eSign.

4.7.9 You understand and agree that eSign shall not be liable for any damages caused by any of the following circumstances, including but not limited to actual losses, expected benefits, goodwill, usage data, etc. (regardless of whether eSign has been advised of the possibility of damages):

A. Based on reasonable unilateral judgment, including but not limited to believing that you have violated the provisions of this Agreement, eSign has the right to freeze the eSign account under your name, suspend or terminate the provision of some or all of the services provided to you.

B. When eSign discovers an abnormal electronic signature and reasonably suspects that the electronic signature violates laws and regulations, it has the right to freeze the eSign account under your name without prior notice and suspend or terminate the provision of some or all of the services provided to you.

C.eSign has the right to freeze the eSign account under your name and suspend or terminate the provision of some or all of the services under the following circumstances:

1) In accordance with the provisions of laws and regulations, the provisions of this agreement or the requirements of the competent authority;

2) When eSign believes that there is an abnormality in the account operation based on unilateral reasonable judgment;

3) You have been complained by others, and the other party has provided certain evidence;

4) You may mistakenly authenticate other people's identity;

5) eSign fulfills the platform's management obligations but you refuse to cooperate to provide relevant true and complete information.

If you use an account on behalf of an enterprise (including other organizations), or if you actually control other accounts, the above terms also apply to other accounts that you use or control. You should ensure that the business you represent (including other organizations) and the owners of other accounts under your control are aware of and agree to these Terms.

4.7.10 If you apply to restore the service or lift the account freeze, you shall truthfully provide relevant information and your identity certificate and other information or documents required by eSign for verification by eSign. eSign reserves the right to decide whether to agree to your application at its sole discretion. You should fully understand that your application is not necessarily allowed. If you refuse to truthfully provide relevant information and identity proof, or fail to pass the verification of eSign, you confirm that eSign has the right to decide to keep the account frozen and suspend or terminate the provision of services.

5. INTELLECTUAL PROPERTY RIGHTS

All contents of the eSign platform and services, including but not limited to works, pictures, files, information, materials, website architecture, website screen arrangement, and web design, are owned by eSign or eSign's affiliated enterprises in accordance with the law. Without the written consent of eSign or eSign's affiliated enterprises, no one shall use, modify, copy, publicly disseminate, alter, disseminate, issue or publicly publish the procedures or contents of the eSign platform and services without authorization.

6. LIABILITY FOR BREACH OF CONTRACT AND LIMITATION OF LIABILITY

6.1 Service Unavailable

6.1.1 Provided that the electronic signature service is unavailable without identity authentication or digital certificate revoked, eSign shall not be liable for any liability .

6.1.2 Provided that the Service cannot be provided due to system problems, related operation network connection problems or other force majeure factors, eSign shall not be held responsible.

6.1.3 eSign shall not be liable for damages when the eSign service cannot operate normally due to the following conditions, which makes you unable to use the services, including but not limited to:

A. During the system downtime and maintenance period announced on this website;

B. Telecommunications equipment failure and inability to transmit data;

C. Due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, etc., the service of eSign cannot be carried out due to aforementioned obstacles;

D. Service interruption or delay caused by hacker attacks, technical adjustments or failures of telecommunications departments, website upgrades, etc.

6.2 Termination of Services

6.2.1 Provided that the specific service you purchased contains storage functions, after the expiration or termination of the service, eSign will retain any information such as your data stored in the service for a corresponding period of time in accordance with the service rules of the service. You shall bear the costs incurred during the retention period, if any, and settle the fees on time and complete the migration of all data. After the expiration of the retention period, your aforementioned information will be deleted, and eSign shall not be responsible for it.

6.2.2 eSign has the right to adjust or terminate part or all of the services (including but not limited to downline, iteration, integration, etc.) at any time according to its own operation arrangement, and eSign shall not assume any responsibility for this. However, eSign should notify you at least 30 days in advance so that you can make backup of relevant data transfer and business adjustments to protect your legitimate rights and interests.

6.3 The transaction risk arising from your use of eSign service to sign electronic documents shall be undertook by you and the counterparty of the transaction.

6.4 EXCEPT AS OTHERWISE THE WRITTEN AGREEMENT BETWEEN ESIGN AND YOU ON LIABILITY FOR BREACH OF CONTRACT HAS BEEN STATED HEREIN, WHERE THE ELECTRONIC DOCUMENT SIGNED BY YOU IS FOUND TO BE INVALID BY THE EFFECTIVE JUDGMENT OR AWARD OF THE COURT OR ARBITRATION COMMISSION DUE TO TECHNICAL DEFECTS IN THE ESIGN ELECTRONIC SIGNATURE, ESIGN SHALL BE LIABLE FOR DAMAGES, AND THE AFORESAID LIABILITY SHALL NOT EXCEED RMB 50,000.

6.5 To the extent permitted by law, eSign shall not be liable for any indirect, punitive, special, derivative damages (including loss of business, loss of revenue, loss of profits, loss of goodwill, loss of usage data or other economic benefits) arising out of the performance of this Agreement, however arising, whether caused by breach of this Agreement (including breach of warranty) or tort, even if advised of the possibility of such loss in advance.

6.6eSign is only responsible for the scope of liability set out in this Agreement.

7. 7. MISCELLANEOUS

7.1 The validity, interpretation, modification, execution and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China, and where in the absence of relevant laws, it shall refer to general international business practices and/or industry practices. Disputes arising from or in connection of this Agreement, regardless of the amount in dispute, shall be submitted to the Hangzhou Arbitration Commission for arbitration in accordance with the simplified procedures under the Arbitration Rules of the Hangzhou Arbitration Commission. The arbitral award is final and binding upon both parties, it shall be binding on all parties.

7.2 Provided that any clause in this agreement is completely or partially invalid or unenforceable for any reason, the remaining clauses of this agreement shall still be valid and binding.

7.3 Any contact information you provide during registration or identity authentication is a valid contact information, and the legal documents served to you by eSign or relevant authorities through the aforementioned methods will be deemed to have been served once they are delivered.