EZGPM.NET MEMBER SERVICE AGREEMENT
Article 1 Acceptance of Terms
This Member Service Agreement (the “Terms”) constitutes a legally binding agreement between EZGLOBAL NETWORK SERVICE INC. (the “Company”) and the registered members of ezGPM.NET (the “Members”) regarding the access to, viewing of, acquisition of information from, and use of the ezGPM.NET platform (the “Platform”), including various products, services, software systems, and related information made available through the Platform.
By registering for, accessing, or using the Platform or any services provided through the Platform, the user acknowledges that they have read, understood, and agreed to be bound by these Terms.
Article 2 Amendment of Terms
The Company reserves the right to amend, revise, or modify these Terms at any time.
Any amendments or modifications shall be announced on the Platform and may also be notified to Members by email. Unless otherwise expressly stated, such amendments shall become effective seven (7) days after publication on the Platform.
A Member's continued access to or use of the Platform after the effective date of any amendment or modification shall constitute the Member's acceptance of the revised Terms.
If a Member does not agree to the revised Terms, the Member must immediately discontinue access to and use of the Platform and its services.
Article 3 Account Creation, Delivery, and Custody Responsibilities
- Member accounts and initial passwords may be initially created by a designated third-party service provider cooperating with the Company (the “System Provider”) for its designated suppliers (the “Members”).
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Account Creation and Delivery Risk Allocation:
The Member understands and agrees that the initial account credentials are generated and delivered by the Platform based on information provided by the System Provider.
The Company is responsible only for the security of the Platform's transmission channels. Any delay, non-delivery, interception, or unauthorized access resulting from incorrect contact information supplied by the System Provider or from the Member's own email, telecommunications, or notification-blocking systems shall be borne solely by the System Provider or the Member.
The Member further acknowledges that any authorization modification, suspension, restriction, or deletion of the Member's account by the System Provider for its internal management purposes constitutes a separate commercial and legal relationship between the System Provider and the Member. The Company merely executes system instructions and shall not be liable for any resulting data loss, business interruption, or commercial damages.
- Mandatory Password Change:
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Upon first login, the Member shall immediately change the initial password.
Responsibility for safeguarding the account and password shall be deemed transferred to the Member from the earlier of:
(a) the time at which the Platform successfully sends the initial password notification; or
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(b) the time at which the Member first logs in and changes the password.
The modified password shall be stored in encrypted form, and the Company shall have no means of accessing or retrieving it.
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Presumption of Authorized Use:The Member shall keep all account credentials confidential and shall not disclose passwords to any third party or permit account sharing.
Any operation, inquiry, data submission, transaction response, or other activity conducted after successful authentication through the Platform shall be deemed to have been performed by the Member or by a person duly authorized by the Member.
The Member may not deny the validity of any such activity on the grounds that the account was originally created by the System Provider or that the Member was unfamiliar with the Platform's operating procedures.
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Security Incident Notification:If the Member discovers or reasonably suspects that any third party has obtained, used, or accessed the Member's account credentials without authorization, the Member shall immediately notify the Company.
Any data leakage, unauthorized access, or commercial losses arising from the Member's or the System Provider's failure to properly safeguard account credentials, or from account sharing, shall be borne by the Member, unless the Member can prove that such damages were directly caused by a security vulnerability of the Platform itself that was not attributable to force majeure events.
Article 4 Paid Services and Fees
- To use the services provided through the Platform, Members shall pay all applicable fees in accordance with the subscription plan selected by the Member (the “Subscription Plan”) and the pricing standards and payment methods announced by the Platform or otherwise agreed upon by the parties.
- Fees may include, without limitation:
- Account Base Fee:A fixed fee for maintaining Member status and basic system access.
- Account Usage Fee:Fees calculated based on the number of user accounts, authorization scope, or usage allocation.
- Excess Usage Fee:Additional charges incurred when actual usage exceeds the usage limits included in the Subscription Plan.
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Non-Refundable Policy:The services provided under the Subscription Plan include cloud storage, hosting, maintenance, and security infrastructure costs.
Regardless of whether the Member actively uses the account during the subscription period, the Company continues to allocate and maintain cloud resources for the preservation of Member data.
Accordingly, all fees paid under these Terms are non-refundable, and the Company shall not accept refund requests for any reason.
- If a Member refuses or fails to make payment after notice from the Company, the Company may immediately suspend or terminate the Member's account, membership status, or access rights without further notice. Any resulting data loss or business damages shall be borne solely by the Member.
Article 5 Accuracy and Updating of Information
Members shall promptly update any changes to their basic information through the Platform.
Members may not deny the validity of any activity conducted through the Platform based on inaccurate or outdated information.
Members warrant that all registration information and records maintained on the Platform are true, complete, and accurate.
If any information is found to be false or misleading, the Company may terminate these Terms and revoke the Member's access rights at any time.
Article 6 Operating Procedures and Indemnification
Members shall operate the Platform in accordance with the operating instructions, user guides, and procedures published by the Company.
If any loss or damage is caused to the Company or any third party due to the Member's intentional misconduct or negligence in operating the Platform, the Member shall be fully responsible for all resulting damages and compensation.
The Member may not claim that any operation or submitted information is invalid due to a lack of understanding of the operating procedures.
Article 7 Prohibited Interference with the Platform
Members shall not damage, interfere with, attack, infiltrate, or otherwise disrupt any data, functions, operations, or activities of the Platform.
Members shall further refrain from transmitting excessive network traffic, introducing malicious software, computer viruses, or engaging in any conduct intended to impair or disable the Platform.
Any Member who violates this Article and thereby causes damage or disadvantage to the Company or any third party shall bear full liability for all resulting damages.
The Company may immediately terminate these Terms and revoke the Member's access rights.
Article 8 Service Interruptions and Force Majeure
- The Company shall use commercially reasonable efforts and technologies to maintain the normal operation of the Platform.
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The Company shall not be liable for any damages, losses, or disadvantages arising from:
• natural disasters;
• accidents;
• force majeure events;
• malicious cyberattacks or unauthorized intrusions by third parties; or
• any cause not attributable to the Company,
unless such damages are caused by the Company's willful misconduct or gross negligence.
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Where services are interrupted due to maintenance, repairs, upgrades, or system improvements, the Company shall provide advance notice on the Platform whenever reasonably practicable.
Members shall not be entitled to compensation for such interruptions.
Article 9 Intellectual Property Rights
- All content made available through the Platform, including but not limited to software code, source code, algorithms, system architecture, underlying logic, user interface designs (UI/UX), trademarks, logos, patents, technical documentation, copyrighted works, and data models, are owned by the Company or its licensors.
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The Member receives only a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.
No ownership rights are transferred to the Member.
Without the Company's prior written consent, Members shall not copy, distribute, sublicense, transfer, lease, sell, modify, adapt, edit, reproduce, or reverse engineer any part of the Platform.
Any violation shall entitle the Company to immediately terminate these Terms and pursue all available civil and criminal remedies.
Article 10 Customer Data and De-Identified Data
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Ownership of Customer Data
All original business data, files, report data, and related commercial information (collectively, the “Customer Data”) entered, uploaded, or generated by the Member during the use of the Services shall remain the property of the Member or its lawful licensors, together with all related intellectual property rights.
The Company is granted only such rights as are necessary to store, process, and use the Customer Data for the purpose of providing the Services.
However, any analytical charts, value-added reports, risk assessment indicators, statistical information, analytical models, predictive results, supply chain analytics, derivative data, and any other related outputs or deliverables (collectively, the “Derivative Data”) generated by the Platform through algorithms, logical processing, data analysis, data transformation, machine learning, artificial intelligence models, or other technical methods based on the Customer Data shall remain the property of the Company. All ownership rights, intellectual property rights, and any other related rights in and to such Derivative Data shall belong exclusively to the Company.
The Member may only access, download, and use such Derivative Data during the applicable subscription period in accordance with the functionalities and usage rules of the Platform and shall not acquire any ownership rights, intellectual property rights, licensing rights, or any other rights or interests therein.
Without the Company's prior written consent, the Member shall not reproduce, distribute, publicly transmit, sublicense, or otherwise make any commercial use of such Derivative Data.
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Use of De-Identified Data
The Member authorizes the Company to anonymize or de-identify Customer Data.
All De-Identified Data and any related intellectual property rights shall belong exclusively to the Company.
The Company may use such De-Identified Data, either directly or through third-party service providers, for:
• system optimization;
• machine learning;
• algorithm training;
• industry trend analysis;
• market intelligence research; and
• publication of industry reports.
No additional notice or compensation shall be required.
Article 11 Limitation of Liability
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Exclusion of Indirect Damages
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, including loss of profits, business opportunities, goodwill, business interruption, or data.
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Maximum Liability
The Company's total aggregate liability arising out of or relating to these Terms shall not exceed the total service fees actually paid by the Member to the Company during the six (6) months immediately preceding the event giving rise to the claim.
Article 12 Platform Supervision and Reporting of Misconduct
If a Member discovers any fraudulent, unlawful, or rights-infringing conduct by another user or participant on the Platform, or reasonably suspects such conduct, the Member shall promptly notify the Company.
Upon verification, the Company may modify, conceal, remove, suspend, or otherwise restrict the relevant information, data, or transactions associated with the offending party.
Article 13 Governing Law and Jurisdiction
These Terms and any disputes arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan).
Any dispute arising from or relating to these Terms shall be submitted to the Taipei District Court, Taiwan, as the court of first instance jurisdiction.