SERVICES AGREEMENT
AEROEVALUATOR SERVICES AGREEMENT
This Services Agreement (the "Agreement") is entered into by AeroValuator, a service provided by Shanghai Yunyi Zhigu Technology Co., Ltd. ("AeroValuator," "we," "us," or "our"), and the user of our services ("Client," "you," or "your").
1.Term.
This Agreement commences upon your acceptance of its terms by using the AeroValuator website or services and continues until terminated by either party pursuant to this Agreement.
2. Services Provided.
a. Free Listing Service: AeroValuator provides Client with a platform to list aircraft for sale ("Listings") and to view Listings posted by other users, free of charge.
b. Pay-Per-Use Valuation Service: Client may purchase individual aircraft valuation reports on a pay-per-use basis or purchase multiple valuation services at a discounted price. Fees for these valuation service selected by the Client are described in Exhibit A.
c. Promotion Services (Optional): Client may opt to promote their Listings through various paid promotion methods offered by AeroValuator (the "Promotion Services"), such as having the Listing featured on the AeroValuator homepage. Fees for Promotion Services are based on the promotion method selected by the Client and are payable as described in Exhibit A.
3. Client Responsibilities.
a. Client is solely responsible for the accuracy, completeness, and legality of all information provided in their Listings and valuation requests.
b. Client is responsible for maintaining the confidentiality of its account credentials.
c. Client agrees to use the services in compliance with all applicable laws and regulations.
4. Payment Terms.
a. Valuation Service: Fees for individual valuation reports are due and payable immediately upon purchase.
b. Promotion Services: Fees for Promotion Services are due and payable upon Client's selection of the promotion option. The specific fee will be clearly displayed to the Client before confirmation.
c. All fees are non-refundable unless otherwise required by law or at AeroValuator's sole discretion.
d. Accounts not paid when due may be suspended, and Promotion Services terminated, without notice.
5. License Grant.
Subject to this Agreement, AeroValuator grants Client a limited, non-exclusive, non-transferable license to access and use our website and services for their intended purposes. Client retains ownership of the content it posts in its Listings but grants AeroValuator a worldwide, royalty-free license to use, display, and distribute that content in connection with operating and promoting the services, including any selected Promotion Services.
6. Intellectual Property.
AeroValuator owns all intellectual property rights in its website, services, and the aircraft valuation tools and algorithms. Client shall not copy, modify, reverse engineer, or create derivative works based on the services.
7. Disclaimer of Warranties.
THE AEROEVALUATOR WEBSITE AND SERVICES, INCLUDING VALUATION REPORTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE". AEROEVALUATOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. AEROEVALUATOR DOES NOT GUARANTEE THE ACCURACY OF LISTINGS OR VALUATION REPORTS, THE SUCCESS OF ANY PROMOTION SERVICES, OR THE COMPLETION OF ANY TRANSACTION.
8. Limitation of Liability.
IN NO EVENT SHALL AEROEVALUATOR'S TOTAL LIABILITY TO CLIENT FOR ALL CLAIMS ARISING FROM THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY CLIENT TO AEROEVALUATOR IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. AEROEVALUATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
9. Indemnification.
Client will indemnify and hold harmless AeroValuator from any claims, damages, or losses arising from (i) Client's use of the services, (ii) Client's Listings or content, (iii) any transaction facilitated by the platform, or (iv) Client's breach of this Agreement.
10. Termination.
Either party may terminate this Agreement at any time by providing notice to the other party. Upon termination, Client's right to use the services ceases immediately. Sections 5 (License Grant for posted content), 6, 7, 8, 9, and this Section 10 shall survive termination.
11. General.
a. Governing Law: This Agreement shall be governed by the laws of the People's Republic of China.
b. Entire Agreement: This Agreement constitutes the entire understanding between the parties concerning the services.
c. Modification: AeroValuator may modify this Agreement at any time. Continued use of the services constitutes acceptance of the modified terms.
d. Severability: If any provision is found invalid, the remainder of the Agreement remains in force.
12.Acceptance.
BY USING THE AEROEVALUATOR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Shanghai Yunyi Zhigu Technology Co., Ltd. (AeroValuator)
Auth. Signature:
Print Name:
Title:
Client:
Auth. Signature:
Print Name:
Title:
Exhibit A: AeroValuator Services Order Form
Please select each service that you require by placing a check in the appropriate selection boxes, and if applicable, quantities in the additional licensed user selection boxes.
|
AeroValuator Aircraft Valuation Service |
Fee Rate |
√ |
|
One(1) Aircraft Valuation Service |
RMB 99.00 |
|
|
Five(5) Aircraft Valuation Services |
RMB 479.00 |
|
|
Ten(10) Aircraft Valuation Services |
RMB 949.00 |
|
|
Fifty(50) Aircraft Valuation Services |
RMB 4,599.00 |
|
|
Hundred(100) Aircraft Valuation Services |
RMB 8,499.00 |
|
|
AeroValuator Promotion Service |
Fee Rate |
√ |
|
Homepage Spot for One(1) Week |
RMB 199.00 |
|
|
Homepage Spot for Two(2) Weeks |
RMB 389.00 |
|
|
Homepage Spot for Four(4) Weeks |
RMB 759.00 |
|
|
Total Rate for Services Ordered |
Fee Rate |
|
Aircraft Valuation Service |
|
|
Promotion Service |
|
|
Total |
|
Note: Any taxes incurred by Client in connection with the payment of the above fees shall be borne solely by the user. AeroValuator shall not assume any responsibility for such taxes. Upon request, AeroValuator may issue a VAT invoice to domestic Chinese users or provide an Invoice to users.
Agreed and Accepted:
Client Authorized Signature::
Date:
