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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:
  1. An Individual User is a natural person who registers for and uses the Services in a personal capacity.
  2. 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.
  3. 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.
II. Regarding Accounts

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:
  1. Violation of applicable laws, regulations, policies, or legal instruments;
  2. Requests from competent state authorities (including but not limited to courts, procuratorates, public security organs, etc.) to freeze the account;
  3. 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;
  4. You receive a complaint from another party, and the complainant has provided relevant evidence, while you fail to provide counterevidence as required by us;
  5. We reasonably determine based on analysis that your account operations, earnings, redemptions, etc., are abnormal;
  6. Violation of this Agreement, relevant rules, or other related agreements;
  7. 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:
  1. 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.
  2. 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:
  1. Unlawfully invading networks, interfering with normal network functions, stealing network data, or other activities endangering network security;
  2. 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;
  3. Knowingly providing technical support, advertising, promotion, payment settlement, or other assistance to those engaged in activities endangering network security;
  4. Using unauthorized data or accessing unauthorized servers/accounts;
  5. Entering public computer networks or another person's computer system without permission and deleting, modifying, or adding stored information;
  6. 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;
  7. 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;
  8. Forging TCP/IP packet names or partial names;
  9. 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;
  10. Maliciously registering Zixel accounts, including but not limited to frequent or batch registration of accounts;
  11. Using the Services for advertising purposes, conducting any commercial promotion, or copying, distributing, licensing, transferring, leasing, or selling all or part of the Services;
  12. Bypassing any measures we may use to prevent or restrict access to the Services;
  13. Incorporating the Services or any part thereof into any other program or product;
  14. 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;
  15. Using or attempting to use another's account, service, or system without our authorization, or creating a false identity on the Services;
  16. 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;
  17. 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:
  1. Information opposing the fundamental principles established by the constitution;
  2. Information endangering national security or leaking state secrets;
  3. Information subverting state power, overthrowing the socialist system, inciting secession, or undermining national unity;
  4. Information damaging national honor and interests;
  5. Information promoting terrorism or extremism;
  6. Information inciting ethnic hatred or ethnic discrimination, or undermining ethnic unity;
  7. Information inciting regional discrimination or regional hatred;
  8. Information undermining state religious policies, promoting cults and feudal superstitions;
  9. Fabricated or rumored false information disrupting economic and social order, or undermining social stability;
  10. Information disseminating or spreading obscenity, pornography, gambling, violence, murder, terror, or abetting crime;
  11. Information endangering cybersecurity or using the network to engage in activities harming national security, honor, and interests;
  12. Information insulting or defaming others, infringing upon the lawful rights and interests of others;
  13. Information involving violent intimidation, threats against others, or conducting doxxing;
  14. 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;
  15. Information spreading profanity or damaging social order and good customs;
  16. Content infringing upon the lawful rights of others, such as privacy, reputation, portrait rights, intellectual property rights, etc.;
  17. Any advertisements, solicitation materials, "pyramid schemes," or any other prohibited forms of solicitation without the consent of Zixel or the recipient;
  18. Content infringing upon the lawful rights and interests of minors or harming their physical and mental health;
  19. 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.
VI. User Content
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.
X. Limited Warranty
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:
  1. That your use of the Services will fully meet your requirements;
  2. That the Services will be uninterrupted, timely, secure, or error-free;
  3. That any errors in the Services will be corrected;
  4. 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:
  1. Informing you of relevant Customer policies that may affect your use of the Services;
  2. Obtaining necessary authorizations from you related to the Customer's rights and your use of the Services;
  3. Transferring and processing specific User Content based on the Customer's organizational management needs;
  4. 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.
XII. Fees
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.