User Agreement
Last Updated: February 27, 2024
Effective Date: March 7, 2024
Preamble
Welcome to use the industrial software cloud platform and
services legally owned and operated by ZIXEL TECHNOLOGIES
PTE. LTD. and its affiliates (hereinafter referred to as
"Zixel" or "we").Zixel is an enterprise digital transformation management
and collaboration platform with diversified functions,
including the website with the domain name
www.zixel3d.com/en
as well as client applications and mini-programs of various
versions. Zixel's relevant websites, services, products,
applications and content are collectively referred to as
"the Services" in this Zixel User Service Agreement
(hereinafter referred to as "this Agreement"). Individual
users and authorized users are collectively referred to as
"you".This Agreement constitutes a valid contract between you and
us, setting forth the terms and conditions that you must
comply with when downloading, installing, registering,
logging in to and using (collectively referred to as
"using") the Services. Your use of the Services indicates
that you confirm that you have full capacity for civil
rights and civil conduct to perform this Agreement;
otherwise, you shall not use the Services. Please read and
fully understand this Agreement carefully before using the
Services.Please read and fully understand this Agreement carefully
before using the Services.
Important provisions such as clauses that exempt or limit
liability under this Agreement will be highlighted in bold
to draw your attention, and you shall focus on reading
such provisions. If you are a natural person under the age
of 18, please read and fully understand this Agreement
carefully accompanied by your legal guardian, and use the
Services only after obtaining the consent of your legal
guardian.
Table of Contents
I. Individual Users, Authorized Users, and
Customers
When using the Services, you may have one of two distinct
roles: Individual User or Authorized User. The relevant
definitions are as follows:
-
An Individual User is a natural person who registers for
and uses the Services in a personal capacity.
-
An Authorized User is a natural person who is authorized
or invited by a Customer to join the organizational
structure established by the Customer on the Zixel
platform and uses the Services, including team creators
and administrators. Among them, a natural person
designated by the Customer to configure the Services and
exercise backend administrative permissions on behalf of
the Customer is referred to as an Administrator (referred
to as "Customer Administrator" in this Privacy Policy for
clarity); the individual who initially creates a team on
behalf of the Customer is referred to as the Team Creator.
-
A Customer is a legal entity or other organization that
registers for a Services account by authorizing a natural
person, establishes an organizational structure, and
possesses administrative privileges. The Customer may
invite individuals to join its organization to become its
Authorized Users.
Individual Users may use the Services for personal purposes
after registering a personal account. After logging in,
Individual Users may, within the limits permitted by law and
this Agreement, independently decide to upload, access, or
delete User Content or personal information.A Customer may invite Authorized Users by sending (or
instructing us to send) an invitation link or through other
means.
You agree that, apart from the Customer's personnel who
invited you to use the Services, you will not share the
invitation link or any information provided through other
authorization methods with anyone. You also agree that, to
enable you and other Authorized Users of the Customer to
utilize certain features of the Services, the Customer may
provide your information to us and to the Customer's other
Authorized Users. The Customer's collection, use, and
sharing of your information shall comply with relevant
laws and regulations. We only process your information
pursuant to the Customer's instructions and assume no
legal liability for the Customer's related actions. Please
refer to the Zixel Privacy Policy for details regarding
the processing of Authorized Users' personal information
and User Content.As an Authorized User, the Customer will manage your
Authorized User status and the associated rights, including
but not limited to addition, removal, permission
adjustments, and service content restrictions.
You undertake to use the Services in accordance with the
relevant guidelines of the Services and within the scope
and rules authorized by the Customer. If you lose your
Authorized User status, we have the right to delete or
transfer the service content associated with that status
based on the Customer's instructions.
Please note that the Customer is solely responsible for
fully explaining and informing you of all Customer policies
and practices related to your use of the Services, as well
as any settings that may affect or restrict your use of the
Services or access to Customer Data. We assume no
responsibility in this regard.
Regarding the use of the Services by Authorized Users, if
there is a conflict between this Agreement and any other
agreement entered into between us and the Customer, the
other agreement shall prevail. If you are using the Services
as an Authorized User or an external vendor, you understand
that the Services are a workplace tool for the Customer's
use and are not intended for personal consumer use.
If you register for the Services on behalf of a Customer,
you represent that you have obtained full authorization
from the Customer to accept and perform all contents of
this Agreement on its behalf. In such case, the Customer
will be legally and financially responsible for all
actions arising from your use of the Services. If the
Customer enters into a separate agreement with Zixel
regarding the use of the Services, and there is a conflict
between this Agreement and the separate agreement, the
relevant content of the separately reached agreement shall
prevail. For matters not mentioned in this Agreement, the
terms of the other agreement shall apply.
Account Registration and Activation
You may register an account to use the Services through the
registration interface provided by the Services or via other
software we provide. You have the right to choose a lawful
character combination that meets the requirements of the
Services as your account name and may set a password that
meets security requirements. The account name and password
you set are the credentials for logging in and using the
Services and other related software and services provided by
us as a registered user. Please be sure to maintain and
promptly update your personal information and other data
provided to us, ensuring it is complete and current.You may also choose to log in and use the Services by
authorizing the use of a supported third-party software or
platform account, an internal account assigned by a
Customer, or other methods permitted by us, unless
restricted or prohibited by such third-party software or
platforms. When you log in using an existing account as
described above, the relevant terms of this Agreement shall
equally apply. You authorize us to obtain the public
information (such as your name, profile picture, and other
information you authorize) from the third-party platform or
Customer's internal account for the purpose of binding it
with your Services account, allowing you to log in and use
the Services directly.After a Customer activates the Services by authorizing a
natural person (i.e., the Creator), it may appoint one or
more Customer Administrators with different backend
management system permissions. The specific number and
settings can be determined by the Customer and existing
Customer Administrators. Customer Administrators can upload,
manage, and maintain the contact information or other
relevant details of Authorized Users within the Services,
and may invite members to join, enabling various functions
such as collaborative work and organizational management.
The Customer is responsible for informing Authorized Users
about and obtaining their consent for the collection of the
aforementioned information. We assume no responsibility for
the Customer's actions.You understand and undertake that the account you set up
must not violate national laws and regulations or the
relevant rules of the Services. The information you use for
the Services, including your account name, profile picture,
description, and other information provided to us, must not
contain illegal or undesirable content. You must not
register an account using another person's identity without
their permission (including, but not limited to, using
methods sufficient to cause confusion, such as impersonating
another person's name, trade name, or profile picture), and
you must not maliciously register accounts. During your use
of the account, you must comply with relevant laws and
regulations and must not engage in any actions that harm
national interests, infringe upon the legitimate rights and
interests of other citizens, or undermine social morals. We
have the right to review the registration information you
submit. For information that violates the terms of this
section, we have the right, depending on the circumstances,
to take measures such as refusing registration, blocking or
deleting illegal or non-compliant content, suspending use
without prior notice, freezing the account, or
deactivating/revoking the account. You shall bear any losses
resulting from the inability to use the account or related
services and functions due to such actions.Some services are accessible without an account. You agree
to also abide by the terms of this Agreement when using such
services.
Account Usage and Security
You understand and agree that ownership and all related
rights pertaining to your Zixel service account belong to
us. Upon completing the initial login, you will obtain the
right to use the account. Your account is strictly for your
personal use only. Without our prior written consent, you
are prohibited from gifting, lending, leasing, transferring,
selling, or otherwise permitting others to use the account
in any form.You are responsible for maintaining the security and
confidentiality of your account and password, and must not
disclose them to others under any circumstances. If you
discover any unauthorized use of your account or any other
security breach, you must notify us immediately. If you lose
access to your account or forget your password, you may
follow the account recovery procedures we provide to request
account or password retrieval in a timely manner. You
understand and acknowledge that the password recovery
mechanism can only verify whether the information provided
in the recovery request matches the system records, and
cannot determine whether the requester is the legitimate
user of the account.Please exercise caution and use your own judgment when
encountering online information related to loans,
investments, financing, wealth management, or other
property-related matters, account passwords, advertisements,
or promotional content. You fully understand and agree that
you are responsible for all activities conducted under your
account, including any content published through the account
and any consequences arising therefrom. You should
independently evaluate all content you encounter while using
the Services and bear all risks associated with its use,
including risks arising from reliance on the accuracy,
completeness, or usefulness of such content. We cannot and
will not be liable for any loss or damage you may suffer due
to these risks.After completing account registration, login, and
reasonable necessary identity verification, if you are an
Individual User, you may browse and modify your submitted
personal identity information at any time. If you are an
Authorized User, you need to contact your Customer's
Administrator to modify your submitted identity information.
You understand and agree that for security and identity
verification purposes (such as account or password recovery
services), you may not be able to modify the initial
registration information and other verification details
provided during signup.You understand and agree that to optimize the utilization
of account resources, if you do not perform an initial login
after registration, or if your account remains inactive for
a continuous period exceeding 12 months, we reserve the
right to reclaim the account. If your account is reclaimed,
you will be unable to log in or use the Services with that
account, and all usage history associated with it will be
irrecoverable. Prior to reclaiming your account, we will
provide appropriate notification. If you do not log in or
use the account within a specified period after receiving
such notification, we will proceed with account
reclamation.
Account Freeze
Your account may be frozen or have all or part of its
permissions and functions restricted under the following
circumstances:
-
Violation of applicable laws, regulations, policies, or
legal instruments;
-
Requests from competent state authorities (including but
not limited to courts, procuratorates, public security
organs, etc.) to freeze the account;
-
Based on the operational and transaction security needs of
the Services, such as if you engage in or are likely to
engage in activities that disrupt or attempt to disrupt
the fair transaction environment or normal transaction
order of Zixel and its affiliates, or any use of Zixel and
its affiliates' names or brands that may mislead others,
or any use of specific Chinese/English (full or
abbreviated) terms, numbers, domain names, etc., intended
to indicate or imply an association with Zixel and its
affiliates;
-
You receive a complaint from another party, and the
complainant has provided relevant evidence, while you fail
to provide counterevidence as required by us;
-
We reasonably determine based on analysis that your
account operations, earnings, redemptions, etc., are
abnormal;
-
Violation of this Agreement, relevant rules, or other
related agreements;
-
Other situations where we reasonably determine that your
actions are similar in nature to the above or pose similar
risks.
Account Deletion
When you need to terminate the use of the Services, you may
apply to delete your account through the following methods
based on your user role. However, you shall remain liable
for your actions during your use of the Services prior to
account deletion:
-
If you are an Individual User, you may submit a deletion
request through customer service. We will assist you in
deleting the account after completing reasonable and
necessary verification of your personal identity, security
status, device information, and any infringement
complaints, etc. All data under your account will be
deleted or anonymized, except where retention is required
by laws and regulations.
-
If you are an Authorized User, the account is part of the
enterprise's workplace tools. You may submit a request to
leave the team and delete the account to your enterprise
or organization, which will be processed by the Customer
Administrator. Additionally, if an administrator from your
enterprise or organization sets your status within the
Services to "departed" or equivalent, the account you used
will be deleted.
Prior to deleting your account, we will verify information
such as your personal identity, security status, and device
information. We will proceed with the deletion after
confirming your account wallet has a zero balance. You
acknowledge and understand that account deletion is an
irreversible action. After your account is deleted, we will
delete your relevant information or anonymize it, except
where otherwise stipulated by laws and regulations, or where
data controlled by the enterprise requires separate
processing based on the Customer's needs.We reserve the right to freeze or delete your account and
delete or anonymize the data and files you have stored if
you violate applicable laws and regulations or breach this
Agreement. We shall not bear any liability for such actions,
and you shall be solely responsible for any losses incurred,
including the loss or clearance of all data and information
generated from your use of the Services.
III. Your Right to Access and Use the Services
Within the scope of the terms and conditions set forth in
this Agreement, we grant you the right to access and use the
Services, and to access Zixel Content (as defined in Section
9), which is accessible solely through the use of the
Services. This grant is a non-exclusive, limited,
non-transferable, non-sublicensable, and revocable license.
Zixel reserves all rights related to the Services and Zixel
Content. Without obtaining prior written consent from us (or
our licensors), you shall not, for any purpose or in any
form, copy, adapt, reproduce, distribute, transmit,
broadcast, display, sell, license, perform vertical search,
mirror, or otherwise engage in any unauthorized access or
use of the Services or Zixel Content.We may from time to time provide trial services or features
to unspecified customers or by invitation. You understand
and agree that trial services are provided on an "as is" and
"as available" basis. To the extent permitted by law, we may
provide limited, or in some cases no, technical support for
trial services, and we may modify or discontinue trial
services at any time without prior notice. You understand
that we are under no obligation to ultimately release or
commercially launch any trial product or service, or to
incorporate it into existing products to provide services to
you.You understand and acknowledge that the functions described
in this Agreement may be available only to certain users, or
provided in specific ways (such as on a paid basis). The
services you are actually able to access and use shall be
limited to those we practically make available to you.To enhance the user experience, meet new user demands,
ensure the security and stability of our products and
services, or to comply with legal and regulatory
requirements, we will periodically perform software updates
or changes (including but not limited to modification,
upgrade, migration, development of new features, alteration,
suspension, or discontinuation of certain functions), and
conduct inspections and maintenance on the Services,
systems, software, etc. The Services may be interrupted or
suspended for a reasonable period due to the aforementioned
reasons.
You agree that we shall not be liable to you in this
regard.
Where possible, we will provide you with reasonable notice
of such matters. In the event of non-routine maintenance
caused by force majeure or issues with underlying
telecommunications operators, we will make reasonable
efforts to notify you after the occurrence of such
events.
IV. User Conduct Guidelines
Behavioral Requirements
You shall properly configure and use the Services and
independently implement appropriate security measures to
protect and backup your content. You declare and guarantee
that the algorithms, models, data, products, or services you
integrate with the Services are secure, stable, and
effective; do not contain any other software programs; are
free from viruses, worms, Trojan horses, and other harmful
computer code, files, scripts, and programs; do not possess
any characteristics of malicious software; and will not
cause damage to the systems of Zixel and/or its affiliates,
nor to the data of Zixel and/or its affiliates or any third
party. You are solely responsible for and shall bear
liability for any security vulnerabilities arising from your
content, including but not limited to viruses, Trojans,
worms, or other harmful programs, or security
vulnerabilities resulting from your failure to use the
Services in accordance with this Agreement.
You shall not
use any unauthorized plugins, add-ons, systems, programs,
or third-party tools to interfere with, disrupt, modify, or
otherwise affect the normal operation of the Services. This
includes, but is not limited to, using automated scripts to
collect information from or interact with the Services, or
excessively consuming the system or network bandwidth
resources of the Services, thereby placing a significant
load on the Service's systems or the networks, servers,
products, or applications of other users and affecting
system stability.You are prohibited from using or targeting the Services to
engage in any activities that compromise computer network
security, including but not limited to:
-
Unlawfully invading networks, interfering with normal
network functions, stealing network data, or other
activities endangering network security;
-
Providing programs or tools specifically designed for
engaging in activities that invade networks, interfere
with normal network functions and protective measures,
steal network data, or other activities endangering
network security;
-
Knowingly providing technical support, advertising,
promotion, payment settlement, or other assistance to
those engaged in activities endangering network security;
-
Using unauthorized data or accessing unauthorized
servers/accounts;
-
Entering public computer networks or another person's
computer system without permission and deleting,
modifying, or adding stored information;
-
Attempting, without authorization, to probe, scan, or test
the vulnerabilities of the Service's systems or networks,
or performing other actions that undermine network
security;
-
Attempting to interfere with or disrupt the normal
operation of the Service's systems or websites,
intentionally spreading malicious programs or viruses, or
engaging in other activities that disrupt or interfere
with normal network information services;
-
Forging TCP/IP packet names or partial names;
-
Copying, imitating, modifying, translating, adapting,
lending, selling, sublicensing, disseminating over
information networks, transferring the related services,
or reverse engineering, reverse assembling, decompiling,
or otherwise attempting to discover the source code of the
Services;
-
Maliciously registering Zixel accounts, including but not
limited to frequent or batch registration of accounts;
-
Using the Services for advertising purposes, conducting
any commercial promotion, or copying, distributing,
licensing, transferring, leasing, or selling all or part
of the Services;
-
Bypassing any measures we may use to prevent or restrict
access to the Services;
-
Incorporating the Services or any part thereof into any
other program or product;
-
Impersonating another person or organization, or making
false or misleading statements about your identity or your
relationship with another person or organization,
including giving the impression that any content you
upload, post, transmit, distribute, or provide originates
from the Services;
-
Using or attempting to use another's account, service, or
system without our authorization, or creating a false
identity on the Services;
-
Using the Services for operating nuclear facilities,
aircraft navigation and communication systems, air traffic
control, life support systems, weapon systems, or other
similar high-risk scenarios or for certain specific
purposes. Zixel shall not be liable for any personal
injury, property damage, or environmental damage resulting
from your use of the Services in high-risk scenarios;
-
Engaging in other actions that violate laws, regulations,
agreements, these Guidelines, Zixel's relevant rules, or
infringe upon the legitimate rights and interests of
others.
If we discover or receive reports or complaints that a user
has violated the terms of this Agreement, we reserve the
right to freeze or delete your account and delete or
anonymize the data and files you have stored, without any
liability to you. We also reserve the right to refer the
matter to administrative law enforcement agencies or
judicial authorities to pursue corresponding legal liability
and seek compensation from you for any losses incurred in
accordance with the law.
Content Standards
Content (including but not limited to content uploaded to
the Services that is not publicly shared) that you develop,
create, utilize, upload, comment on, publish, disseminate,
store, or share using the Services shall consciously comply
with relevant laws and regulations. Otherwise, we have the
right to take appropriate remedial measures immediately. You
must not use the Services to produce, reproduce, store,
publish, or disseminate the following types of information:
-
Information opposing the fundamental principles
established by the constitution;
-
Information endangering national security or leaking state
secrets;
-
Information subverting state power, overthrowing the
socialist system, inciting secession, or undermining
national unity;
-
Information damaging national honor and interests;
-
Information promoting terrorism or extremism;
-
Information inciting ethnic hatred or ethnic
discrimination, or undermining ethnic unity;
-
Information inciting regional discrimination or regional
hatred;
-
Information undermining state religious policies,
promoting cults and feudal superstitions;
-
Fabricated or rumored false information disrupting
economic and social order, or undermining social
stability;
-
Information disseminating or spreading obscenity,
pornography, gambling, violence, murder, terror, or
abetting crime;
-
Information endangering cybersecurity or using the network
to engage in activities harming national security, honor,
and interests;
-
Information insulting or defaming others, infringing upon
the lawful rights and interests of others;
-
Information involving violent intimidation, threats
against others, or conducting doxxing;
-
Information distorting, vilifying, desecrating, or denying
the deeds and spirit of heroes and martyrs, or infringing
upon their names, portraits, reputations, or honors by
insult, defamation, or other means;
-
Information spreading profanity or damaging social order
and good customs;
-
Content infringing upon the lawful rights of others, such
as privacy, reputation, portrait rights, intellectual
property rights, etc.;
-
Any advertisements, solicitation materials, "pyramid
schemes," or any other prohibited forms of solicitation
without the consent of Zixel or the recipient;
-
Content infringing upon the lawful rights and interests of
minors or harming their physical and mental health;
-
Other information that violates laws, regulations, public
policy, social peace and order, good customs, interferes
with the normal operation of the Services, or infringes
upon the lawful rights and interests of other users or
third parties.
If we discover or receive reports or complaints that a
user has violated the terms of this Agreement, we reserve
the right, without prior notice, to delete or block the
relevant content at any time. Depending on the severity of
the violation, we may impose penalties on the offending
account, including but not limited to warnings,
restricting or prohibiting the use of part or all of the
Services' functions, account suspension, or permanent
deletion, and may announce the handling results.
V. Third-Party Products and Services
We allow third-party applications to integrate with the
Zixel Open Platform to provide services to you. You may use
such third-party services by adding the respective
applications. We also cooperate with third parties who
provide certain features or services to you. For example,
the Services may contain links that redirect you to other
online services or resources. When using third-party
services, in addition to complying with this Agreement, you
must also comply with the third party's user agreement,
privacy policy, and other relevant terms. You understand and
acknowledge that third-party services are provided by the
respective third-party providers, and unless otherwise
stipulated by laws, regulations, or these terms, we assume
no responsibility for any third-party services.
You understand and agree that we may adjust the policies
and services related to the Services and third-party
applications. Such adjustments may impact the services
provided by us or third parties (for example, making
certain services unavailable through the Services or
restricting the functionality of third-party
applications). Unless otherwise expressly required by law,
we shall not bear corresponding liability for such
impacts.
Before choosing to use a third-party service, you should
fully understand the functionality, service agreement, and
privacy policy of the third-party product or service before
deciding to enable it. If you are a Customer's Administrator
and, based on the Customer's authorization, choose to enable
a third-party service, the Customer and you must fully
explain the situation to the involved Authorized Users and
obtain their explicit consent before you enable the
third-party service and provide data containing Authorized
Users' personal information (such as customer contact list
information) to the third-party service provider.The Services may contain links that redirect you to other
online services or resources, which may be provided by
third-party service providers. We have no control over your
use of such third-party services or resources. Therefore,
unless otherwise agreed in this Agreement, your use of
third-party services or resources is governed by the
agreements between you and the relevant third party, and we
assume no liability for your use thereof. The presence of
these links does not imply our endorsement of the legality
or security of these third-party services or
resources.
The Services allow you to upload, create, or send digital
information or materials (referred to as "User Content").
You may also overlay or add other elements provided by us,
such as patterns or virtual avatars, to your User Content.
You represent and warrant that you possess all necessary
rights or have obtained legitimate authorization for the
Content you upload, store to, or share through the
Services, and that our use, display, and retention of your
Content will not violate any laws or the legitimate rights
of others. We assume no responsibility for your Content or
for your Content that others upload, store, or share using
the Services.If you share your User Content with other users of the
Services, you agree to grant those users a unrestricted,
royalty-free right to use your User Content (including any
related intellectual property rights), unless you have
explicitly communicated specific restrictions to them;
however, such communication and restrictions are binding
only between you and the recipient. You undertake only to
upload, disseminate, provide, and share User Content through
the Services that you are willing and able to grant the
aforementioned rights for.We do not claim any ownership rights to your User Content.
Please note that if you use the Services as an Authorized
User, we provide the Customer with many choices regarding
how your User Content is used, including control,
restriction, and management. For example, the Customer can
enable or disable its Authorized Users' access to the
Services, enable or disable third-party services, manage
settings for permissions, retention, and export, etc. The
choices and decisions of the enterprise user may result in
some or all of your User Content being accessed, used,
disclosed, modified, restricted, or deleted. If you are
using the Services on behalf of a Customer, you acknowledge
that the Customer will fully explain this situation to its
Authorized Users beforehand and obtain their explicit
consent.The Services are not a storage service. We cannot and do
not provide backups for your Content or any other content
that you or other users upload, disseminate, or provide to
or through the Services. Please note that even after your
User Content is deleted from the Services, other users may
continue to use, and allow others to use, your User Content
independently (for instance, a user may have saved a copy of
your User Content within their own account).You are solely responsible for your User Content and the
consequences of posting, submitting, or transmitting it to
or through the Services. You also agree not to submit any
Content or other materials to the Services that violate
applicable laws and regulations.We have established channels for complaints and reports.
You can report various illegal and non-compliant activities,
illegal dissemination activities, illegal or harmful
information, etc., to us through the complaint channels we
publicize or by sending an email to yi.sun@zixel3d.com. When
filing a complaint or report, please provide preliminary
evidence of your relevant rights or of the
illegal/non-compliant activity and content. We will promptly
accept and handle your complaint in accordance with
applicable laws and regulations. If content you have posted
is subject to a complaint or report by a relevant rights
holder, you may also appeal to us by submitting proof of
your contrary rights. We will similarly process such appeals
promptly according to applicable laws and regulations.You understand and agree that when you view content
provided by others on the Services, you should exercise your
own judgment and assume the associated risks. Without the
express consent of the relevant rights holder, you must not
use, copy, reprint, disseminate, broadcast, display, sell,
license, or otherwise utilize such content in any way not
explicitly permitted for any purpose.
VII. Data Privacy and Security
The use of the Services is governed by the Zixel Privacy
Policy. By using the Services, you indicate that you have
read, understood, and accepted all terms of that Privacy
Policy. If you are under the age of 18, you must read and
agree to the Privacy Policy under the guidance and together
with your parent or other legal guardian before using the
Services.The Zixel Privacy Policy may be updated from time to time
to reflect changes in applicable laws, regulations,
standards, industry norms, or to reflect changes, updates,
or new features of the Services. After any updates to the
Zixel Privacy Policy, your continued access to or use of the
Services indicates that you have read, understood, and
accepted those updates.We are committed to protecting your personal information
together with you. Within the scope of commercial
reasonableness, we will endeavor to adopt technical measures
and other security measures commensurate with the Services
to protect the security of your personal information.
Nevertheless, we cannot guarantee the security or
confidentiality of any information you transmit over or
through the Internet.
VIII. Intellectual Property
You understand and agree that, unless otherwise stated by
us or where relevant rights holders enjoy rights in
accordance with the law, all intellectual property rights
(including but not limited to copyrights, trademarks,
patents, trade secrets) and related rights in the products,
technologies, software, programs, data, and all other
informational content contained within the Services,
including but not limited to text, images, audio, video,
charts, interface design, layout frameworks, relevant data,
or electronic documents (collectively referred to as "Zixel
Content"), belong to us or our affiliates. Without the prior
written consent of us or the relevant rights holders, you
shall not use, or license any third party to use, the Zixel
Content for any commercial or non-commercial purpose
(including, but not limited to, monitoring, copying,
reprinting, distributing, disseminating, broadcasting,
displaying, selling, licensing, mirroring, uploading, or
downloading content from the Services using any robot,
spider, or similar program or device).You shall respect intellectual property rights just as we
do. As a prerequisite for using the Services, you agree not
to infringe upon any party's intellectual property rights
during your use of the Services (including, but not limited
to, uploading or sharing materials protected by copyright
law without authorization).
IX. Breach of Contract and Compensation
If you violate this Agreement and/or other applicable
service terms and rules, we have the right, at our sole
discretion and without prior notice, to take reasonable
remedial measures depending on the circumstances. These
measures include, but are not limited to, issuing a prior
warning, restricting, suspending, or terminating your access
to part or all of the Services' functions, blocking or
deleting content you have uploaded, disseminated, or
provided, restricting part or all of your account functions,
freezing or permanently closing your account. You shall bear
the consequences and losses resulting from such actions. We
reserve the right to announce the outcome of such handling
and to decide, based on the actual situation, whether to
restore the use of the relevant account. We are under no
obligation to restore or return any deleted content. For actions suspected of violating laws, regulations, or
suspected illegal or criminal activities, we will preserve
relevant records and have the right to report to the
competent authorities in accordance with the law, cooperate
with investigations by such authorities, file reports with
public security organs, etc. If your violation of this Agreement and/or other applicable
service terms and rules leads to third-party complaints,
litigation, claims, or similar situations, you shall handle
the matter independently and assume all legal liability. If
your illegal or breaching actions cause us, our affiliates,
partners, or other related parties to suffer any losses
(including but not limited to legal fees and expenses) or
administrative penalties, you shall provide full
compensation.
You understand and agree that the Services are provided on
an "as is" and "as available" basis, according to the
current technology and conditions. We will make our best
efforts to provide you with consistent and secure services.
However, given that the relevant services may be affected or
interfered with by various factors, we cannot warrant,
including but not limited to, the following:
-
That your use of the Services will fully meet your
requirements;
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That the Services will be uninterrupted, timely, secure,
or error-free;
-
That any errors in the Services will be corrected;
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That the Services will be compatible with your content or
any other hardware, software, systems, services, or data
not provided by us.
To the extent permitted by law, and except as expressly
stated in this Agreement, we make no warranties, guarantees,
or promises to you. We may, at any time and without
notifying you, change, suspend, withdraw, or restrict all or
part of the Services' functions for business or operational
needs. We will make our best efforts to keep the Services secure
and stable. However, you understand that we cannot
constantly foresee and prevent all technical or other risks,
including but not limited to service interruptions, data
loss, and inability to use the Services normally caused by
force majeure, viruses, Trojan horses, hacker attacks,
system instability, issues with underlying
telecommunications operators, power supply failures,
communication network failures, defects in third-party
services, system updates and upgrades, government department
investigations, judicial or administrative orders,
third-party website issues, and other similar circumstances.
When such situations occur, we will endeavor to repair them
promptly, conditions permitting. However, you agree that we
shall be exempt from liability for losses arising from the
aforementioned reasons. The occurrence of the foregoing
circumstances and the cancellation or termination of any
orders or services based thereon (if any and applicable)
shall not exempt you from your corresponding payment
obligations under this Agreement for the part of the
Services we have already provided. Furthermore, you are
responsible for configuring your own computer equipment,
network settings, computer programs, etc., to use the
Services. You should install virus protection programs on
your devices.
For Authorized Users, as between us and the Customer, you
agree that the following are the Customer's
responsibilities:
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Informing you of relevant Customer policies that may
affect your use of the Services;
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Obtaining necessary authorizations from you related to the
Customer's rights and your use of the Services;
-
Transferring and processing specific User Content based on
the Customer's organizational management needs;
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Responding to and resolving any disputes or issues related
to you or any Authorized User, arising from User
Information related to the Customer, or resulting from the
Customer's failure to fulfill its obligations.
XI. Limitation of Liability
To the extent permitted by law, we shall not be liable to
you for the following circumstances, regardless of whether
we have been informed of or should have been aware of the
possibility of such damages:We shall not be liable for any indirect, incidental,
consequential, punitive, special, or exemplary damages or
losses, including but not limited to loss of anticipated
profits, goodwill and reputation, opportunities, data loss
or damage, and third-party costs. Unless otherwise expressly
required by law, in no event shall our maximum aggregate
liability to you for damages exceed the service fees you
have paid to us for the month in which your loss occurred or
our breach took place. To the fullest extent permitted by
law, these limitations and terms apply to any matter or any
claim related to this Agreement.Any loss or damage caused to you due to the following
reasons:1. Damage caused by your use of any third-party product or
service;
2. Our modification or suspension of the Services or any
function within the Services in any manner;
3. Your failure to provide us with accurate account
information, or your failure to protect the security of your
account password as required by this Agreement;
4. Other losses resulting from your breach of the terms of
this Agreement.
To the maximum extent permitted by law, any dispute between
you and any third party (including but not limited to, for
example, any mobile network operator, rights holder, or
other user) arising from your use of the Services is solely
between you and that third party. You must hold us harmless
from and against any and all liability and losses (whether
direct or indirect) of any kind and nature arising from such
disputes.
Usage of the Services on mobile applications may incur data
traffic charges, communication fees, messaging fees, and
other related costs. These charges may increase when
international roaming is involved. You are solely
responsible for all such fees. If you are uncertain about
these costs, you should consult your service provider before
using the Services.
You acknowledge and understand that the provision of trial
services or other temporarily free services shall not be
construed as a waiver of our right to charge fees in the
future. We reserve the right to notify you of charging
standards, methods, or related changes through our official
website, public announcements, or other appropriate means,
based on our actual operational circumstances. If you do not
agree to the aforementioned modifications, changes, or paid
content, you may choose to discontinue using the relevant
product or service.
XIII. Miscellaneous Provisions
Agreement Content and Revisions: The content of this
Agreement includes the main body of this Agreement and all
privacy policies, rules, and notices we have published or
may publish in the future. The aforementioned content forms
an integral part of this Agreement and has the same legal
effect. To provide you with better services, or due to
changes in national laws, regulations, policies, technical
conditions, product functions, etc., we may revise this
Agreement from time to time. The revised content will form
part of this Agreement. After this Agreement is updated, we
will notify you of the changes in an appropriate manner so
that you can keep abreast of the latest version. You can
also review the latest version of the terms on the website
homepage or within the software settings page.
If you object to the revised content, you have the right
to stop using the Services immediately. Your continued use
of the Services after the effective date of the revised
Agreement indicates your acceptance of the revised
terms.Applicable Law and Jurisdiction: The formation, validity,
performance, interpretation, and dispute resolution of this
Agreement shall be governed by the laws of the Republic of
Singapore. If any provision of this Agreement is adjudged to
be invalid, such provision shall be reinterpreted and
applied, to the fullest extent permitted by law, in a manner
that most closely reflects the original intent of the
provision, without affecting the validity of the remaining
provisions.This Agreement is executed in Republic of Singapore. Any
disputes arising from this Agreement shall first be
resolved through friendly negotiations between the
parties. Should negotiations fail, you agree to submit the
dispute to the competent people's court in the place of
execution of this Agreement (Pudong New Area, Shanghai)
for resolution.You may not assign any of your rights or obligations under
these terms to any third party without our prior written
consent.
You understand and agree that we have the right to
autonomously decide our operational strategies and, based
on business adjustments, transfer all rights and
obligations under this Agreement to our affiliate(s) or
other legal entity(ies). You acknowledge that in such
circumstances, our obtaining your consent is not required,
though we will make reasonable efforts to notify you.Our failure to assert or enforce any provision of this
Agreement shall not be construed as a waiver of such
provision or right.For convenience of reading and understanding, this
Agreement may be translated into multiple language versions.
If any conflict exists between different language versions,
the simplified Chinese version shall prevail.The headings in this Agreement are for convenience and
readability only and shall not affect the meaning or
interpretation of any provision herein.