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TERMS OF SERVICE

Terms of Service

Please read the following terms and conditions carefully before using CNWAYLab products and services. By accessing or using our services, you agree to be bound by these terms.

Last Updated: January 2025 Version: v3.0 Effective Date: January 1, 2025

Table of Contents

  • Service Overview
  • Accounts & Access
  • Use Restrictions
  • Intellectual Property
  • Service Level Agreement
  • Limitation of Liability
  • Dispute Resolution
  • Changes to Terms

01 Service Overview

CNWAYLab Technology Co., Ltd. (hereinafter "CNWAYLab", "we", "us", or "the Company") provides Laboratory Information Management System (LIMS) and related software services (hereinafter "Services").

Service Scope

  • CNWAYLab X Cloud-Native LIMS Platform
  • Industry-specific solutions (PharmaLIMS, FoodLIMS, EnviroLIMS, etc.)
  • Electronic Lab Notebook (ELN)
  • Scientific Data Management System (SDMS)
  • Quality Management System (QMS)
  • Chromatography Data System (CDS)
  • Related technical support and consulting services

Service Deployment Models

  • SaaS Cloud: Hosted by CNWAYLab, accessed via the internet
  • On-Premises: Deployed on the customer's own infrastructure
  • Hybrid: Combining public cloud and private infrastructure

02 Accounts & Access

Account Registration

Using our services requires creating an account. You agree to:

  • Provide true, accurate, complete, and up-to-date registration information
  • Update information promptly to maintain its accuracy
  • Keep your account password confidential and not share it with others
  • Be responsible for all activities under your account
  • Notify us immediately of any unauthorized use

Account Security

We employ multi-factor authentication (MFA), single sign-on (SSO), and other security measures to protect accounts. You should enable all available security features.

Account Termination

You may request account deletion at any time. We reserve the right to suspend or terminate accounts under the following circumstances:

  • Violation of these Terms of Service
  • Extended inactivity (over 12 months)
  • As required by law or regulatory request

03 Use Restrictions

You agree to comply with the following restrictions when using the Services:

Prohibited Conduct

  • Violating any applicable laws and regulations
  • Infringing upon the intellectual property, privacy, or other rights of others
  • Uploading or transmitting malware, viruses, or other harmful code
  • Attempting unauthorized access to services, accounts, or related systems
  • Interfering with or disrupting the normal operation of the Services
  • Reverse engineering, decompiling, or attempting to extract source code
  • Using the Services for fraud, spam, or other abusive conduct
  • Exceeding licensed scope (e.g., exceeding user count or storage limits)

Compliance Requirements

When using our LIMS services to process regulated data (such as in GMP, GLP environments), you shall ensure:

  • Compliance with applicable industry regulations and standards
  • Proper system configuration to meet compliance requirements
  • Regular audits and validation
  • Maintenance of appropriate documentation and records

04 Intellectual Property

Our Rights

CNWAYLab retains all rights, title, and interest in and to the Services, including but not limited to:

  • Software code, architecture, and design
  • Trademarks, logos, and brand elements
  • Documentation, training materials, and content
  • Know-how and trade secrets
  • User interface and user experience design

These Terms of Service do not grant you any transfer or license of intellectual property unless expressly stated.

Your Content

You retain ownership of data uploaded, entered, or stored in the Services ("Your Content"). You grant us a limited license solely for:

  • Providing, maintaining, and improving the Services
  • Performing operations you request
  • Complying with legal requirements

Feedback

Any feedback, suggestions, or ideas you provide may be freely used by us without compensation or attribution to you.

05 Service Level Agreement (SLA)

Service Availability

We commit to monthly SaaS service availability of 99.9% ("three nines"), and 99.99% ("four nines") for Enterprise Edition.

Technical Support

  • Standard Support: Business days 9:00-18:00, response within 4 hours
  • Premium Support: Business days 8:00-22:00, response within 2 hours
  • Enterprise Support: 7x24, response within 1 hour, dedicated account manager

Service Credits

If availability commitments are not met, you are entitled to service credits:

  • 99.0% - 99.9%: 10% of monthly fee
  • 95.0% - 99.0%: 25% of monthly fee
  • Below 95.0%: 50% of monthly fee

06 Limitation of Liability

Disclaimer of Warranties

The Services are provided "as is" and "as available", without any express or implied warranties, including but not limited to:

  • Merchantability, fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free service
  • That defects will be corrected

Liability Cap

To the maximum extent permitted by law, CNWAYLab shall not be liable for any indirect, incidental, special, consequential, or punitive damages, whether based on contract, tort (including negligence), or other theory of liability.

Our total liability shall be limited to the service fees paid by you in the 12 months preceding the event giving rise to the claim, or RMB 10,000, whichever is higher.

Exceptions

The above limitations on liability do not apply to:

  • Fraud or intentional misconduct
  • Death or personal injury
  • Liability that cannot be excluded or limited by law

07 Dispute Resolution

Negotiation

In the event of any dispute, the parties shall first attempt to resolve it through friendly negotiation. Either party may provide written notice to the other describing the nature of the dispute, and the parties shall negotiate in good faith within 30 days.

Governing Law

These Terms of Service shall be governed by the laws of the People's Republic of China, without regard to conflict of law principles.

Jurisdiction

If negotiation fails to resolve the dispute, either party may file a lawsuit with the competent people's court at CNWAYLab's domicile.

Arbitration Option

For enterprise customers, the parties may agree to submit disputes to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with its then-effective arbitration rules. The arbitral award shall be final and binding on both parties.

08 Changes to Terms

We reserve the right to modify or update these Terms of Service at any time. Changes will be notified to you through:

  • Posting the updated terms on the website
  • Sending change notifications via email
  • Displaying change notices within the product

Material changes will be notified at least 30 days before taking effect. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised terms.

If you do not agree with the changes, you should cease using the Services and terminate your account before the changes take effect.

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