• IMS: refers to the Intelligent Manufacturing System of the companies under Chroma Group (including without limitation Chroma ATE Inc. and Sajet System Technology (Suzhou) Co., Ltd.), hereafter referred to as “IMS” or “Chroma IMS”.

• Chroma i4.0 Platform (the “Platform”): refers to the IMS platform, and the website is https://ims.chromaate.com/I40/index.php?action=login。

• Member of the Platform (the “Member”)

  3.1 The user who has completed the registration of the Platform will become the Member, including the customers, distributors, agents and developers of IMS.

  3.2 When the Member appoints its employee or a natural person to use the Service, such employee or natural person will act and express the intention on behalf of the Member. Thus, the action of such employee or natural person will be deemed as the action of the Member, which employee or natural person shall also be collectively referred to as the Member.

  3.3 The Member, the employee or third person appointed by the Member for the Service will also be deemed as the user of the Service.

• The Service provided to the Member (the “Service”): Including the display, sales and technical support of the IMS products, as well as the solutions provided to the developers.

• Electronic Documents: Including but not limited to the images, texts, audios and videos created, stored or transmitted through email, fax, cloud, CD-ROM, USB, software, website or social software.

• Social Software: Including but not limited to the non-public communication software, such as SKYPE, LINE, WECHAT, Messenger; however, the messages posted on public website or social networking website (such as the messages posted on FACEBOOK fan page or on IMS official website) are not included.

• The Service is provided by IMS to the Member in accordance with the Terms of Service for IMS Platform Membership (the “Terms of Service”). The completion of the registration procedure by the Member, or the start of using the Service will be deemed as such Member has read, understood and agreed to accept all contents set forth in the Terms of Service, as well as the full acceptance of all current and future items and contents derived from the Service. IMS reserves the right to modify or change the contents of the Terms of Service at any time. Any modification or change of the Terms of Service will be posted on the website without sending of separated notification to the Member. It is suggested that the Member shall pay attention to such modification or change at any time. In the event that the Member continues to use the Service after the modification or change as aforementioned, it will be deemed as such Member has read, understood and accepted such modification or change. In the event of any disagreement to the modification or update of the Terms of Service, or any provision of the Terms of Service is not accepted, the Member shall immediately stop using the Service.

• The acceptance of all contents set forth in the Terms of Service by the Member and IMS, including any express of intent thereof, will be delivered in electronic documents.

In order to be able to use the Service, the Member shall agree to the following:

• The correct and up-to-date information of the Member shall be provided according to the reminders stated in the registration form of the Service. No registration under the name of any third person is permitted unless with the consent of such third person. Each Member may only register and log in to one account. Repetition of registration and log in is not permitted.

• If the Member is a corporate legal person or a company enterprise, please appoint one (1) to two (2) employees as the main contact person(s), and provide the name, job title, gender and business contact information of such contact person(s). In the event of any change for the contact person(s), or any change of the job post of such contact person(s) (including but not limited to resignation, job transfer or retirement), the Member shall take the initiative to update the information of the contact person(s), or contact the IMS staff to modify the information. Please note that only the employee in-service is permitted to use the Service. The person who is no longer an employee shall suspend his/her use or stop using the Service. Any continuation of using the Service will be deemed as a violation of the Terms of Service. IMS is therefore entitled to suspend the use of the account before completing the update.(Reminder to the Member: It is suggested to change the password for each change or alteration of the contact person in order to maintain the security of the Member’s information!)

• In the event of any change of personnel, the Member shall notify IMS within seven (7) working days after such change. The Member shall be solely liable for any damage to the rights and interests of the Member (including but not limited to the failure of receiving the IMS notification due to data error or missing of the event period) or any damage to the rights and interests of any third party (including but not limited to the hacking of personal data) due to the Member’s failure of notifying IMS within the time limit, which IMS shall have no responsibility thereof. (Reminder to the Member: It is suggested to change the password for each change or alteration of the contact person in order to maintain the security of the Member’s information!)

• In order to obtain the best service, the Member’s information shall be maintained and updated in a timely manner to ensure the accuracy of such information.

• In the event that the Member provides any misleading or false information, fails to provide the information as instructed, lacks any necessary information, or repeats the account registration, IMS reserves the right to either suspend or terminate the Member’s account without prior notice. The Member’s use of all or part of the Service will also be rejected.

• It is the Member’s responsibility to set the account password and regularly change the password to maintain the confidentiality and security of the account. Any log in to the Member’s account with the password which is consistent to the log in information according to the instruction, will be presumed as the log in of the Member, regardless of whether such log in is personally done by the Member. The Member shall be fully responsible for all actions carried out under such password and account.

• The Member shall agree to the following:

  2.1 In the event that the Member’s password or account is hacked or any other security issues occurs, the Member shall immediately notify IMS for assistance in changing the password or suspend the use of such account.

  2.2 The account shall be logged out after each use prior to the disconnection thereof.

  2.3 The Member’s account, password, as well as the rights and interests of the Member shall be only for the personal use and enjoyment of such Member. Any transfer, assignment or sharing to any other person is not permitted.

  2.4 In the event of any damage caused by hacking or improper use of the account and password, or any other circumstances where IMS cannot identify whether such use is personally performed by the Member, IMS will not be responsible for such damage, unless a proof has been provided indicating such damage is attributable to IMS.

  2.5 If IMS acknowledges that the account password of the Member is indeed hacked by others, such account will be immediately suspended by IMS (including the processing of transactions generated from such account).

In order to ensure the protection of personal data and privacy of the Member, the personal data collected during the process of the Platform will be used in accordance with Article 8 of the “Personal Data Protection Act” as well as informing of the following:

• Purpose of Collection:

  The purpose of collecting personal data is to conduct marketing, consumer and customer management and services, as well as other e-commerce services and surveys, statistical and research analysis. IMS will collect the personal data through the process of joining of membership or the transaction proceeded thereof.

• Categories of the Personal Data to be Collected: The personal data collected from the website by IMS including:

  (1) C001 Identification of the Individual: such as the name, address, telephone number and email of the Member.

  (2) C011 Personal Description: such as gender and date of birth.

• The Time Period, Territory, Recipients and Methods of which the Personal Data is Used:

  (1) Time Period: until the date when the Member requests to stop using the Service or the date when IMS stops providing the Service.

  (2) Territory: The personal data of the Member will be used in Taiwan area.

  (3) Recipients and Methods: Other than the membership management, search and query function for customer management of IMS, the collection of personal data of the Member will also be used for personal identification as well as marketing, advertising and promotion, such as:

  A) When use the Service provided by IMS as an identity of the Member, the information of such Member will be automatically displayed on the webpage.

  B) Advertising, Promotion or Marketing: Provide the service-related information through the Internet, email, social software, fax or telephone. For the content or advertisement browsed by the Member, conduct customization according to the industries of the customers and the browsing records of the IMS website, and further analyze the services used by the Member as well as for the development of new services or improvement of current services. Contact the Member for his/her opinion with regard to the marketing events, message boards or other matters related to the Service.

  C) Responding to Customer Inquiries: Respond to the inquiries of the Member to IMS through the Internet, email, social software, fax, telephone or any other direct or indirect contact method.

  D) Other Relevant Matters: Any matter necessary for IMS to provide the Service in conjunction with the purposes set forth in Paragraphs A to D hereabove.

  E) Provision of Information of Individual Service Providers: When the Member makes an appointment, bid, purchase, or participation of prize-giving events, or applies for any other transactions for the goods or services of the service providers, IMS shall provide the personal data of the Member to the service provider within the necessary scope of the transaction, and the service providers shall be responsible for managing such personal data. IMS will impose an obligation on the service providers to process the personal data based on the principle of privacy protection to the Member. However, it is not guaranteed that the service providers will inevitably follow the instruction. Please contact each service provider for more detail information.

  F) Others: When providing separated services to individuals, it may be possible to use the personal data other than the purposes specified hereabove. At this time, the main purpose of such separated service shall be stated on its webpage accordingly.

• The Member’s Rights to the Personal Data:

  The party whose personal data is collected by IMS, may exercise the following rights against IMS pursuant to the Personal Data Protection Act:

  (1) Make inquiry or request to read the personal data.

  (2) Request to make a duplicate copy of the personal data.

  (3) Request to supplement or correct the personal data.

  (4) Request to stop the collection, process or utilization of the personal data.

  (5) Request to delete the personal data.

  If the Member intends to exercise the above rights, please contact the IMS customer service for application.

• Please note! If you refuse to provide the information required to join the membership, it may result in an inability to enjoy the full service or to use the Service completely.

With regard to the information uploaded, transmitted, input or provided by the Member, the Member agrees that the IMS website may collect, process, store, transmit and use such information in order to provide other information or services to the users, or to compile into the statistical report of the Member, conduct survey or research related to the Internet behavior, or for any legal use. If the Member does not hold the legitimate right to authorize the others to use, modify, reproduce, publicly broadcast, revise, distribute, publish or publicly announce certain information, and the aforementioned rights cannot be transferred to a third party, the Member shall not upload, transmit, input or provide such information to IMS. Any information uploaded, transmitted, input or provided to IMS under the consent or authorization of the Member shall be deemed as the Member’s permission for IMS to use, modify, reproduce, publicly broadcast, revise, distribute, publish or publicly announce such information without any condition (including but not limited to that on the Platform, in the form electronic document or through social software). The aforementioned rights may also be transferred to the others, and the Member shall not have any objection. The Member shall guarantee that the use, modification, reproduction, public broadcasting, revision, distribution, publication, public announcement or sub-authorization of the information will not infringe upon any intellectual property right of any third party, or the Member shall be liable for compensating the damages suffered by IMS arising therefrom (including without limitation the litigation costs or attorney fees).

The Member shall commit not to use the Service for any illegal purpose or use the Service through any legal means, and also commit to abide by all relevant laws and regulations of the Republic of China, as well as all international customs for use of the Internet. If the Member is a user outside the Republic of China, such user shall therefore agree to abide by the laws and regulations of the country or territory where such user is located. The Member agrees and guarantees that he/she shall not use the Service to engage in any action which may infringe the rights and interests of others or otherwise violates the law, including but not limited to the following:

• Announce or transmit any images, audio or visual graphics and texts which may be defamatory, insulting, threatening, offensive, indecent, obscene, false, violating public order or good morals, or any other illegal audio or visual graphics and texts, or any files in any form.

• Infringe or damage the reputation, privacy, trade secrets, trademark rights, copyrights, patent rights, other intellectual property rights as well as other rights of IMS or others.

• Violate the confidentiality obligations under the laws or agreements.

• Fraudulently use the Service in the name of others.

• Transmit or spread computer viruses.

• Engage in any business activities without prior authorization of IMS.

• Publish, transmit, send spam emails, chain letters, illegal or unlicensed multi-level marketing messages and advertisements, or store any information which may infringe upon the intellectual property rights of others or violates the laws and regulations.

• Engage in any action which causes confusion, discomfort to other users or any third person, or engage in any action violating the general Internet etiquette which may be offensive to others.

• Engage in any other action which does not meet the purpose provided by the Service, or any action which IMS considers to be inappropriate with reasonable causes.

• The Member agrees to the scope of the Service provided by IMS. IMS may add, reduce, change or terminate the items or contents of the Service in accordance with the business requirements and actual situation without sending a separate notification to the Member.

• The Member agrees that IMS may add, modify or terminate the related activities in accordance with the actual situation, and select the most appropriate method to notify the Member.

• The Member agrees that IMS may send e-newsletters or product messages (EDM) to the email registered by the Member from time to time. If the Member refuses to receive the marketing messages after his/her receipt, IMS will then stop sending the marketing messages.

IMS will maintain the normal operation of its system and service based on the general reasonable technologies and methods. However, IMS is entitled to cease or suspend the Service under the following circumstances:

• When the electronic communication equipment of IMS website requires necessary maintenance and construction.

• When sudden malfunction of the electronic communication equipment occurs.

• When the electronic communication service applied by IMS website has been suspended and the Service is unable to be provided.

• When the Service is unable to be provided due to force majeure events or any other grounds not attributable to IMS.

The registration of the Member as well as other specific information will be protected and regulated in accordance with the “Privacy Policy” of IMS.

• The functions offered by the Service are provided according to the status of the function at the time of provision. IMS is not, either explicitly or implicitly, responsible to guarantee the performance, speed, completeness, reliability, safety or accuracy of the functions thereof.

• IMS does not guarantee that there will be no harmful substances, such as computer viruses will be contained in the emails or contents sent through the webpages, servers and domains for the Service. In addition, IMS does not guarantee that the transmission and storage of emails, files or data are all correct and accurate without any disconnection or error. IMS will not be liable for any damage caused by the failure, loss or error of transmission or storage of emails, files or data thereof.

• The intellectual property rights (including without limitation the trademark rights, patent rights, copyrights, trade secrets and know-how) of the software or programs used by IMS, as well as all contents on website, including without limitation the works, pictures, files, data, information, website structure, arrangement of website screen and webpage design are held by IMS or other rights holders by laws. Any use, modification, reproduction, public broadcasting, revision, distribution, publication, public announcement, restoration engineering, decoding or reverse engineering of anyone is prohibited. In the event that the Member intends to quote or reprint the aforementioned software, programs or website contents, the prior written consent shall be obtained from IMS or other rights holders in accordance with the laws. It is the Member’s obligation to respect the intellectual property rights. In the event of any breach or violation, the Member shall be liable for any damages suffered by IMS arising therefrom (including without limitation the litigation costs and attorney fees).

• By respecting the intellectual property rights of others, the Member agrees not to infringe upon the intellectual property rights of others when using the Service of IMS.

• In the event that the Member is involved in any infringement matter, IMS may suspend all or part of the Service, or cancel the Member account at its sole discretion.

For the purpose of maintaining transaction security, the Member agrees that his/her password and account (or any part thereof), or the Service (or any part thereof) may be terminated by IMS for any reason, including but not limited to lack of use or violation of the provisions and spirit explicitly stipulated in the Terms of Service. The Service containing any “content of the Member” may also be removed and deleted. Furthermore, the Member agrees that if the Service (or any part thereof) is terminated, IMS shall not be liable to the Member or to any third party.

The Terms of Service shall be governed by and construed in accordance with the laws of Republic of China. All disputes or controversies arising out of or in connection with the transactions between the Member and IMS under the Terms of Service shall be submitted to the Taiwan Taoyuan District Court as and for the court of first instance. Nevertheless, if other competent courts are regulated in other compulsory provisions by laws, such provisions shall prevail accordingly.