Last Updated: 24, July, 2023
Welcome to use the Platform as a Service (PaaS) of WELL-LINK TECH PTE. LTD. (hereinafter referred to as “Well-Link”)!
Well-Link PaaS developer platform (Tesseract) and services (hereinafter referred to as “the Platform” or “We”) aim to provide You with complete cloud game and cloud platform services, including hardware, software and infrastructure, etc., for Your development, operation and management of applications.
Special reminder: before You (hereinafter referred to as “User” or “You”) start to read and decide whether to accept the Well-Link PaaS developer platform (Tesseract) service terms (hereinafter referred to as “this Agreement”), We specially remind You to carefully read and fully understand the contents of each clause and pay special attention to the parts in bold in this Agreement.
Signing action: If You read and click to agree to the contents of this Agreement, You can start using the functions and services of Platform; If You do not agree with this Agreement, please do not click the agree button, and the Company will not be able to provide You with complete products and services at that time. When You fill in the information according to the prompts on the login page, read and agree to this Agreement and complete all the login procedures, or You actually use the service in other ways allowed by this product, it means that You have fully read, understood and accepted all contents of this Agreement and reach an agreement with us. This Agreement shall become legally binding. You promise to accept and abide by the provisions of this Agreement. At that time, You should not claim that this Agreement is invalid or request to revoke this Agreement on the grounds that You have not read the contents of this Agreement or have not received an answer to Your inquiry from this Platform.
We will check and update this Agreement from time to time, so the contents of this Agreement will change accordingly. We will prompt You in an appropriate manner where practicable. If You continue to use the products and services of this Platform after reading the latest version of this Agreement, it is deemed that You have fully understood and agreed to our update and modification of this Agreement.
If You have any questions, comments or suggestions about this Agreement, or wish to discuss with us any content related to this Agreement during use, You can contact us through the following methods: Mail: contact@Well-linktech.com
1）“Platforms and Services”: Refers to the software development and operation platform running on cloud computing infrastructure provided by WELL-LINK TECH PTE. LTD. and its affiliated companies for Your development, deployment and use in the PaaS environment.
2）“Company”: Refers to also referred to as “the Company”, “the Platform”, “We” or “our” in this Agreement and refers to WELL-LINK TECH PTE. LTD.
3）“Affiliated Company”: Refers to companies that may have operational connections with related services of WELL-LINK TECH PTE. LTD.
4）“Website”: Refers to the Well-Link PaaS developer platform (Tesseract）, which can be accessed from www.well-linktech.com.
5）“Service”: Refers to the services displayed on this Platform, which You apply for and which We agree to provide to You.
6）“Operation Guidelines”: Refers to the corresponding service descriptions, technical specifications, usage procedures, operating documents, etc., displayed on the pages of this Website.
7）“User Business Data”: Refers to the services You provide through this Platform, processing, storing, uploading, downloading, distributing and processing data in other ways.
8）“Buffer Period”: It means that after the business is terminated, We will continue to store Your User Business Data for a certain period of time. The specific duration is subject to the time limit specified in the exclusive terms, product documentation, service description, etc., applicable to the Service You ordered; If the time limit is not specified in the specific Service, it will be calculated according to the appropriate buffer period.
9）“Confidential Information”: Refers to the business secrets, financial secrets, technical secrets, business know-how and other information and materials that should be kept confidential that are known from the counterparty to the contract or through the performance of this Agreement, such as : Product information, product plan, price, financial and marketing planning, business strategy, customer information, customer data, research and development, software, hardware, SDK, API, technical description, design description, special formula, special algorithm, etc.
10）“Force Majeure”: Refers to objective events that cannot be foreseen, overcome, or avoided and that have a significant impact on the other party.
2.1.This Agreement between You and WELL-LINK TECH PTE. LTD. and its affiliates regarding Your use of the cloud game platform and Services of this Platform.
2.2.The scope of this Agreement also includes various policies, rule statements, notices, warnings, reminders and instructions that may be issued in the future. The above content is an integral part of this Agreement and has the same legal effect as this Agreement.
2.3.Services involved in this Agreement may be provided to You by affiliates of the Company or third-party companies approved by the Company. You understand and agree to accept the relevant Service content, which is deemed to accept the relevant rights and obligations and is also bound by this Agreement.
3.1Registration
3.1.1.Registrant Qualification
3.1.1.1.You should be a legal person or other organization (hereinafter collectively referred to as "Legal Entity"） with full capacity for civil rights and full capacity for civil conduct.
3.1.1.2.Our Platform and Services are not intended for anyone under the age of 18 or natural persons whose civil legal acts are subject to certain restrictions. If You are a minor or a person with limited capacity for civil conduct, You do not have the qualifications, please do not use the Service, otherwise You and Your guardian shall bear all the consequences arising therefrom. Currently, We have the right to cancel (permanently freeze） Your account and claim compensation from You and Your guardian.
3.1.1.3.If You log in to Your account on behalf of a company, organization or other legal entity or actually use the Service in a manner permitted by the Company, You represent and warrant that You have been fully authorized and have the right to register and log in to use this product on behalf of the Company, organization or legal entity, and are bound by this Agreement.
3.1.1.4.You should ensure that You are not subject to trade restrictions, sanctions or other laws and regulations imposed by any country, international organization or region, otherwise You may not be able to register and use the Services of this Website normally.
3.1.2.Account Registration
3.1.2.1.After You fill in the information according to the prompts on the registration page, read and agree to the terms of Service and complete all the registration procedures, or after You fill in the information according to the prompts on the activation page, read and agree to the terms of Service and complete the entire activation process, or when You actually use the Services of this Website in other ways permitted by the Company, You are bound by the terms of Service. You can use the email address You provided or confirmed, or other methods allowed by the Company as a login method to enter this Website.
3.1.2.2.You understand and agree that after You complete the registration application procedures on this Platform, You can obtain the right to use the account on this Platform and become a user of this Website Service.
3.1.2.3.The account name You set must not violate national laws and regulations, the management norms of this Platform, or easily cause confusion between You and the User identity, otherwise Your account may not be successfully registered or the Company has the right to cancel after notifying You.
3.1.2.4.We allow a Legal Entity to have multiple Platform accounts, but one Platform account can only correspond to one unique Legal Entity. Unless stipulated by law or determined by effective legal documents, or in compliance with the conditions announced by the Company, You may not transfer, gift or let others inherit Your Platform account in any way. At the same time, when performing a qualified account transfer, gift or inheritance, the Company has the right to require You, and/or the transferee, or Your heir to provide qualified documents and materials and follow the operation procedures We provide.
3.1.2.5.You understand and agree that You may not open an account on this platform for Yourself or others through any of the following methods:
1）Activate this product for Yourself or others for non-self-use purposes including profit and business operation;
2）Activate this product for Yourself or others through any program or software such as robot software, spider software, crawler software, screen swiping software;
3）Activate this product for Yourself or others by any improper means or in a way that violates the principle of good faith;
4）Activate this product for Yourself or others by means not specified through normal channels;
5）Activate this product for Yourself or others by infringing upon or other's legitimate rights and interests;
6）Activate this product for Yourself or others through other methods that violate relevant laws, administrative regulations, and national policies.
3.1.3.Enterprise Qualification Certification
3.1.3.1.You understand and agree that in order to ensure account and transaction security, the Company has the right to require You to log in to the real-name registration system and perform real-name authentication on the Platform account at any time; at the same time, the Company may require You to provide more identity materials and information for further identity authentication or qualification verification for the opening of certain products or Services. Only after Your account has passed these authentications and verifications can You be qualified to use related products or Services.
3.1.3.2.Normally, the account You registered and logged in is the only identification basis for us to confirm Your identity. Unless otherwise agreed, each Platform account can independently carry out activities on this Website. However, under the following circumstances, We have the right to conduct unified processing of multiple Platform accounts owned by the same and/or related legal entities according to our own judgment, and require some or all these account entities to bear joint and several legal liabilities, including but not limited to:
1）There are associations between multiple Platform accounts, such as primary account and sub-account, authorized account and authorized account, and according to the provisions of laws and regulations, the terms of this agreement, the specific terms of each product or Service of the platform, and other platform rules, each account bears joint and several liabilities for each other;
2）There are one or more of the same registration information, payment for others, purchased products or Services for the same purpose, or other related situations among multiple Platform accounts, and there are malicious arrears and/or violations of laws and regulations, these terms of Service, product terms of the Platform, or other violations of Platform rules, and the Company can determine that the above Platform accounts actually belong to the same Legal Entity or the same group by combining other relevant evidence;
3）Other situations where the Company has sufficient reasons to conduct unified processing of multiple Platform accounts.
4）If the account has been registered but has not yet passed the enterprise qualification certification, the behavior of any member of the account team (including but not limited to the main administrator, administrator, and ordinary members） under the account shall be attributed to the account. The Company has the right to require any part or all members of the account team to bear joint and several liability for this behavior according to the specific circumstances.
3.1.4.When completing the registration or activation process, You should follow the requirements of laws and regulations and follow the process prompts on the corresponding pages to accurately fill in, submit, and update Your true, legal, and valid information in a timely manner to make it complete and accurate. We have the right to review whether the identity information You provide during registration is true and valid, and take active measures to ensure the security and validity of the user account. If there are reasonable grounds to suspect that the information You fill in is untrue, not timely, incomplete or inaccurate, the Company has the right to send You a notice of inquiry and/or request for correction, and has the right to directly delete the corresponding information, until the suspension or termination of some or all of the Services provided to You. If You cannot register, activate, or Your account is frozen or canceled due to Your personal reasons, You shall bear the consequences and losses of Your inability to use or continue to use the Platform account.
3.2Usage of Account and Security
3.2.1You have the right to log in to this Platform with the account You set up, and use the Services We provide reasonably and legally in accordance with the methods agreed in this Agreement.
3.2.2The Company may notify You of the progress of the Service and prompt You for the next step in a reasonable manner. During the Service process, You should log in to the Platform account in time to check and operate.
3.2.3Your account-related information shall not contain any illegal or inappropriate information or any infringing use, and You shall bear corresponding legal responsibilities for the activities You engage in in the name of the account and all activities using the account, password, and activation code. The Company has the right to immediately take back the account and terminate the Service without notice, and report to the competent government department at the same time.
3.2.4You understand and agree that You may not impersonate others or log in for others without permission. If the account registration information You provide us is inaccurate, untrue, or contains illegal or bad information, We have the right to take reasonable measures such as non-registration, non-login, notification of correction within a time limit, suspension of use, cancellation of registration, etc., and reserve the right to terminate Your use of the Platform Services. We have the right to take back or cancel the account and report to the competent government department if the account is registered by an affiliated institution or a social celebrity, and You will be responsible for any losses arising therefrom.
3.2.5A platform account can only correspond to a unique Legal Entity. Unless required by law or judicial ruling, Your account is only for Your own use, and it is prohibited to transfer, borrow, lease, gift, inherit (except property rights related to the account） or authorize others to use the account in any form. Otherwise, the Company has the right to take back the account immediately without notice and terminate the Service, and You should bear the loss caused by the deletion or loss of all data and information caused by Your use of the Service.
3.2.6You are solely responsible for the security and confidentiality of Your account and password. Please keep Your platform account and password information properly. If Your account, password, and activation code are stolen or misused due to poor storage, this will be on Your own responsibility. Please make sure that You leave the Website in the correct steps at the end of each online session.
3.2.7If You find that others have used Your Platform account number and password without authorization or engaged in other acts that are not legally authorized, You should immediately notify Us in an effective manner; We will make every effort to assist You in freezing Your account, changing Your password, suspending related Services or making other security settings; at the same time, You understand that We need a reasonable period of time to take action on Your request. Before We take measures, We will not bear any responsibility for the consequences caused by the executed instructions or by Yourself.
3.2.8We guarantee that under the existing technical conditions, We will do our best to take reasonable technical measures on the server side of the Website to protect the security of Your account.
3.3.1Your platform account (all or part of its permissions or functions） may be frozen under the following circumstances, and we will notify You in time (see "Notification Terms" for details）:
1）Based on the needs of this Website or Service operation and transaction security, if You have or may have damaged or attempted to damage the fair trading environment or normal transaction order of us or our Affiliated Companies, or any use that contains the name and brand of Our Company or Our Affiliated Companies and is suspected of misleading others, or any use of certain Chinese and English (full name or abbreviated）, numbers, domain names, etc. intends to express or reflect a certain relationship with our Company or its Affiliated Companies;
2）Violating the Terms of Service, platform-related rules, norms (such as transaction rules, management norms）, Service descriptions, and other Service agreements/terms;
3）Violating the provisions of national laws, regulations, policies, and legal documents;
4）You have been complained by others, and the other party has provided relevant evidence, but You have not provided contrary evidence as required by Us;
5）We judge that there are abnormalities in Your account operation based on reasonable analysis;
6）Freezing at the request of the state authority;
7）After reasonable judgment, You have other situations with the same nature as the above behaviors or similar risks as above.
3.4Account Deregistration
3.4.1.You can cancel Your account according to the relevant guidelines of the Platform, and the Company will assist You to cancel Your account after completing reasonable and necessary verification of identity, security status, device information, infringement complaints, etc., and delete all information related to Your account according to Your requirements, unless otherwise stipulated by laws and regulations. After canceling the account, we will not be able to provide You with relevant Services.
3.4.2.If the situation described in Article 3.3 above occurs and the situation is serious, or based on the request of the state authority, Your platform account (all or part of the authority or function） will be canceled, and we will notify You in time (see "Notification Terms" for details）.
3.4.3.You understand and agree that if You have not logged in to the Platform through Your account for 12 consecutive months, and there are no unexpired Services under Your account, We have the right to take measures to cancel Your account and delete relevant User Business Data. The deleted data cannot be recovered, and You will no longer be able to log in to our Website.
3.5Appeal
3.5.1.If You forget Your platform account number and password, Your password is changed by others, or Your account is frozen or canceled as mentioned above, You can appeal and other follow-up operations through the channels provided by the platform according to the procedures:
1）If You apply to the Company for lifting the freeze or cancellation through the appeal procedure, for the safety of Your account, You should cooperate and truthfully provide Your identity certificate and related materials, as well as other information or documents required by the Company, so that the Company can verify. You should fully understand that Your appeal is not necessarily allowed, and the Company has the right to decide whether to agree to Your appeal request.
2）You understand and agree that if You refuse to provide truthful identification and related information, or fail to pass the Company's audit, the Company has the right to freeze the account for a long time and restrict some or all functions of the account for a long time.
4.1.The Service fee will be announced on the page where You order the product or Service, and You can choose the specific Service type and pay according to the listed price. You can choose to use it first and then pay. For specific deduction rules, please refer to the relevant pages of this Website, and the payment standard published on the page will be used for billing.
4.2.If You fail to pay all the fees as agreed, We reserve the right to provide You with Service and/or technical support, or to terminate the Service and/or technical support. At the same time, We reserve the right to require You to bear 5/10,000 liquidated damages and pursue other legal responsibilities for Your arrears.
4.3.You fully understand that all the free content and price-related activities in the price system of this Platform are our one-time special discounts in addition to the normal Service price. The discount content does not include the modification, update and maintenance costs of the free content, and the free content cannot be discounted to offset against the Service price and cannot be exchanged for cash.
5.1.After successfully ordering the Service, You have the right to ask us to select the corresponding Platform Service in accordance with this Agreement and the Service description and technical specifications displayed on the relevant interface of the Platform Website, and obtain the technical support We provide.
5.2.You should pay the corresponding Service fees according to the prompts on the Website page (including special terms, Service instructions, operation documents, etc.） and the provisions in this Agreement.
5.3.You are responsible for the security of the data You store on the Platform, the security of the operating environment, as Well as the integrity and confidentiality of the passwords used to access and manage various products and Services on the Platform. Losses and results caused by the loss or disclosure of the above-mentioned data, passwords, passwords, etc. due to improper maintenance or improper confidentiality due to Your own reasons shall be borne by You.
5.4.You are obliged to keep the access log records of Your own Website, including the content of the published information and the time of publication, Internet address (IP）, domain name, etc. You should cooperate in providing these records when the relevant state agencies inquire according to law.
5.5.For data security, You are obliged to assume the responsibility of data backup. Our products or Services may configure data backup functions or tools for You, but You are responsible for the actual operation and completion of backup tasks.
5.6.You should be responsible for the source and content of Your User Business Data, and We solemnly remind You to carefully judge the legality of the data source and content. You shall bear the consequences and losses caused by the content of Your User Business Data in violation of relevant laws, regulations, rules and regulations.
5.7.You should ensure the following two points: (1） The acquisition, use, processing and transmission of User Business Data are in compliance with legal regulations; (2） You have obtained legal, valid, sufficient and necessary authorization when processing User Business Data, and the legal rights of any third party have not been violated. You should conduct the necessary review of User Business Data and whether Your processing of User Business Data complies with laws, regulations, departmental rules and national policies, and assume all responsibilities arising therefrom. You confirm and agree that We shall not bear any responsibility for User Business Data or Your violation of the above provisions in processing User Business Data.
5.8.You understand and agree that when You use the Services of this Platform, You will strictly abide by laws, regulations, policies, industry practices and social public morals, actively maintain Internet order and security, and will not use the Services of this Platform to implement any behavior that violates national laws, regulations and policies, nor will provide convenience for any behavior that violates laws, regulations and policies:
1）Violating the Constitution or laws, regulations and policies;
2）Endangering national security and social stability, leaking state secrets, subverting state power, and undermining national unity;
3）Damaging national honor and interests, disrupting social order, or harming public interest;
4）Distorting, vilifying, desecrating, and negating the deeds and spirit of heroes and martyrs, as Well as insulting, slandering, or otherwise infringing on the names, portraits, reputations, and honors of heroes and martyrs;
5）Promoting content that violates laws and regulations;
6）Advocating terrorism, extremism or inciting terrorist or extremist activities;
7）Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
8）Undermining the state's religious policies, promoting cults and feudal superstitions;
9）Spreading rumors, disrupting social order, and undermining social stability;
10）Spreading obscenity, pornography, gambling, violence, murder, terror or instigating crimes;
11）Insulting or slandering others, infringing on the legitimate rights and interests of others;
12）Inciting illegal assemblies, associations, processions, demonstrations, gathering crowds to disrupt social order;
13）Activities in the name of illegal civil organizations;
14）May cause minors to imitate unsafe behaviors and behaviors that violate social morality, induce minors to have bad habits, etc., and damage minors' physical and mental health;
15）Illegally intruding into the network, interfering with normal network functions, stealing data, etc., endangering network security;
16）The published information is meaningless, or deliberately uses character combinations and encrypted forms to evade technical review;
17）Other content that is prohibited by laws and administrative regulations or that violates social order and good customs.
5.9.You should carefully read and abide by the Operation Guidelines displayed on the Website page, and operate in accordance with the relevant procedures. You confirm and agree to strictly abide by the operating guidelines, grasp the risks and operate carefully. You will bear the relevant consequences if there are any violations.
6.1.We will strictly abide by this Agreement to provide Services.
6.2.During the Service period, We will provide You with the following after-sales Service:
1）We will provide telephone and online customer service consulting services on the corresponding pages of the Website to answer Your questions during use;
2）We will provide You with fault support services, and You can report faults through online work orders; We will provide support in a timely manner for failures that occur during Your non-human operations, except for Your human-induced reasons and/or force majeure, and other matters beyond our control.
3）You can also obtain after-sales services for other paid items on the relevant pages of our Website, see the page for details.
6.3.We are responsible for the operation and maintenance of the cloud game PaaS software platform and the underlying software below it, and the part above the cloud game PaaS software layer (such as the application, business or system You develop and deploy based on this Platform Service or product, and the security of the operating environment）） is Your responsibility.
6.4.You fully understand that limited by existing technologies, this Platform cannot guarantee that the cloud game PaaS Service is flawless (for example, We cannot guarantee the absolute security of Your hardware or software）, but We promise to continuously improve Service quality and Service level. So, You understand and agree: Even if there are defects in the Services We provide, the above-mentioned defects are unavoidable at the technical level of the industry at that time, and they will not be regarded as a breach of contract by WELL-LINK TECH PTE. LTD. And You agree to cooperate with us to resolve the defects mentioned above.
6.5.You understand and acknowledge that We may relocate the underlying physical equipment where Your products/Services are located to the computer room when necessary. We will notify You 7 natural days in advance before performing the above operations. Since the above operations may require modifying the DNS of Your relevant domain name or making other configuration adjustments, You need to modify the DNS to the designated IP or make corresponding configuration adjustments according to our schedule after receiving the notification from the Platform. If You refuse to cooperate with our adjustments, resulting in inaccessibility of the Website or failure of normal use of products/Services, You will be responsible.
6.6.Some of our Services may involve the function of account authorization management, that is, You can transfer all or part of Your operation permissions for the Service to one or more authorized accounts designated by You. In this case, all operations performed under any authorized account will be deemed as actions performed by You through Your own account and You will bear the corresponding responsibility and the resulting Service fees.
6.7.You understand and agree that although We will provide support for Service availability and reliability during public testing, invitation testing, etc. to allow You to try (use） the Service for free or within the free Service quota, We will not be responsible for any Service availability, We are not responsible for the work or results of Your use or inability to use the Services of this Platform. We reserve the possibility of charging for such free Services in the future, but We will notify You in a reasonable way before charging for the Services.
7.1.We understand and recognize that You fully own Your User Business Data.
7.2.With regard to User Business Data, We will not use or disclose it in any form without consent, except for the implementation of Your Service requirements, except in the following circumstances:
1）In connection with our fulfillment of our obligations under laws and regulations;
2）Directly related to national security and national defense security;
3）Directly related to public safety, public health, and major public interests;
4）Directly related to criminal investigation, prosecution, trial and judgment execution;
5）For the protection of Your or other personal life, property and other major legal rights and interests but it is difficult to obtain the authorization and consent of the individual;
6）You disclose to the public by Yourself; as Well as
7）You negotiated with us separately.
In the above cases, We will cooperate with relevant state agencies to investigate or review User Business Data in accordance with relevant agreements, laws and regulations, and policies, as Well as fulfill the obligation of disclosure to third parties or administrative, judicial and other institutions.
7.3.You can process Your User Business Data by Yourself, including operations such as deletion and modification. If You release the Service or delete the data, We will delete Your data and no longer retain such data according to Your instructions. We solemnly remind You to exercise Your right to delete and change User Business Data carefully.
7.4.When the following situations occur, unless it is clearly stipulated in laws, regulations, policy terms or otherwise agreed by Both Parties, We will continue to store Your User Business Data according to a certain Buffer Period. After the Buffer Period expires, We will delete all Your User Business Data, protect all buffered and backup copies, and no longer retain any of Your User Business Data:
1）Upon expiry of the Service period;
2）When Both Parties agree to terminate the Service in advance;
3）When You owe money;
4）When the Service is terminated early due to other reasons.
7.5.Once the User Business Data is deleted, it cannot be recovered. You understand and agree to bear the consequences and responsibilities caused by the data deletion, and We have no obligation to continue to retain, move or return the User Business Data.
7.6.We will abide by our security commitment to You, strictly protect Your data security, and select a suitable data center to store User Business Data.
8.1.Well-Link PaaS developer platform (Tesseract） is developed by WELL-LINK TECH PTE. LTD. The intellectual property rights of the Platform's software, SDK, API, version, technology, program, material, props and all information related to the Platform's Services, including but not limited to product functions, User interface, Web pages, operation steps, trademarks, patents, computer software works, etc., are owned by the Company or its affiliates or licensors, and the software license granted by the Company and its affiliates to You shall not be deemed to transfer part or all of its intellectual property rights to You under any circumstances.
8.2.Except for the express consent of the Company or the third-party obligee, You have no right to reproduce, disseminate, transfer, license or provide others to use the above intellectual achievements, otherwise You should bear corresponding responsibilities.
8.3.Your use method and authority to the materials, information content and functions of the cloud game platform (including but not limited to whether You can download the corresponding materials） will be determined by us and We will give You necessary reminders when You use such materials and information content.
8.4.You should respect the intellectual property rights and other legitimate rights and interests of third parties, and ensure that You have complete and appropriate intellectual property rights for the materials uploaded to this Platform, the use of our Services, and the results generated by the use of our Services. You should ensure that the above content does not infringe the legal rights of any third party, and We guarantee that the Services provided to You do not infringe the legal rights of any third party.
8.5.If a third-party institution or individual questions or complains about the intellectual property rights of the relevant materials involved in Your use of this Platform Service, or the intellectual property rights of the results generated by Your use of this Platform Service, You and We are both responsible for issuing relevant intellectual property rights evidence materials, and cooperating in handling related complaints. Claims, lawsuits and other related matters arising therefrom shall be borne by the breaching party and the other party shall not bear the corresponding consequences.
9.1.Unless otherwise stipulated by law or in the contract, You and us (hereinafter referred to as “Both Parties”） can only use the Confidential Information for the purposes related to this Agreement. Without written consent, Both Parties shall not disclose, give or transfer to a third party the Confidential Information learned or accessed through the use of the Platform Services.
9.2.Both parties guarantee that the Confidential Information can only be known within the scope of the person in charge and employees engaged in the business of the respective party, and strictly require the above-mentioned employees to abide by the confidentiality obligation.
9.3.For Confidential Information, both parties should take a prudent attitude and use appropriate measures to properly preserve it, and the degree of prudence of the measures should not be less than the degree of prudence when protecting their own Confidential Information.
9.4.We respect and protect Your privacy. We will do our best to protect the security of Your Confidential Information. In the event of a Confidential Information leakage case, both parties should take all reasonable measures to avoid or mitigate the consequences of damage. If damage is caused to the other party, the direct economic loss caused to the other party should be compensated.
9.5.We will not make public or disclose Your Confidential Information, unless based on the following necessary circumstances:
1）Before signing this Agreement, the Confidential Information has been legally owned by the Company;
2）The Confidential Information is the intellectual achievement of the Company and the Company has not benefited from the information obtained;
3）Under the premise of not violating the responsibilities stipulated in this Agreement, the Confidential Information has been made public or can be obtained from public channels;
4）Confidential information provided when inquiring by relevant state agencies in order to comply with relevant laws and regulations;
5）Necessary materials provided to apply for a certain business qualification, obtain a certain recognition from administrative departments, industry associations, and other institutions, or to obtain certification of a certain national or industry standard.
6）Do our best to maintain the privacy and security of Your personal and the general public in emergency situations;
7）To safeguard our intellectual property and other important rights;
8）According to the relevant provisions of this Agreement or other circumstances We deem necessary.
10.1.Unless otherwise agreed or You have not settled other payables, You can use our Services after You activate the Service.
10.2.In the event of any of the following circumstances, the term of this Agreement will be terminated early:
1）If You seriously violate the relevant laws and regulations or the commitments of this Agreement, We have the right to terminate the Service in advance and delete all Your data;
2）You understand and agree that although We have established necessary technical measures based on existing technologies to defend against computer viruses, network intrusions and attack damage (including DDoS） and other matters or behaviors that endanger network security (hereinafter referred to as “Such Behaviors”）, but in view of the limitations and relativity of network technology security and the unpredictability of Such Behaviors, if Your Website encounters Such Behaviors and then brings harm to us or our other networks or servers (including local, foreign and international networks, servers, etc.）, or affects our smooth connection with the international Internet or our specific networks, servers and our internal network, We may decide to suspend or terminate the Service. If the Service is terminated, the Service fee will be calculated according to the actual Service month (calculated on a daily basis if less than one month）, and the remaining payment (if any） will be returned.
3）You understand and agree that for technology upgrades, Service system upgrades, or due to business strategy adjustments or changes in major national technologies, regulations and policies, We do not guarantee to provide certain Services permanently, and We have the right to delete or stop Service functions or change the form, specification, price and billing mode of the Service. Before terminating the Service or making such a change, We will notify You in advance in one or more ways such as Website announcements, station letters, emails or text messages.
11.Liability for breach of contract
11.1.We have nothing to do with the responsibilities and consequences arising from Your violation of relevant laws, regulations or the commitments in this Agreement. You shall bear the legal responsibility for Your actions in the course of using the Services of this Platform. The forms of Your legal responsibility include but are not limited to: Compensation for victims etc. If We first bear the administrative punishment or tort damage compensation liability caused by Your actions, You should give us full compensation, including reasonable attorney fees.
11.2.If We determine that Your usage behavior is abnormal according to this Agreement, We have the right to take one or more of the following measures unilaterally based on our independent judgment: (1） restrict or suspend the use of Services; (2） terminate the provision of Services and terminate this Agreement; (3） pursue Your legal responsibility; (4） other processing measures that We deem appropriate. We will take measures to suspend or terminate the Service in accordance with the aforementioned provisions, and the loss incurred as a result will be borne by You.
11.3.You understand and agree that, in view of the risks of Internet platform operation, although We have taken necessary measures to maintain the normal operation of this Platform, the following problems may still occur. You agree to the inconvenience caused by the following situations shall not be considered a breach by us:
1）Service interruption due to system, software and server configuration, maintenance, adjustment and upgrade;
2）Slowdown of Your Website due to traffic congestion on the network;
3）Caused by hackers, computer viruses, Trojan horses, or other malicious programs;
4）Due to the adjustment of the telecommunications technology department and the interruption of the backbone line;
5）Operation and maintenance due to troubleshooting, including but not limited to troubleshooting, system upgrades, system tuning, system expansion, etc.;
6）Caused by Your improper operation or problems with Your computer software, system, hardware, and communication lines;
7）Caused by Your violation of the rules of use of this Platform;
8）Other problems not caused by the Platform's fault.
11.4.If You cannot use the Service normally for 72 consecutive hours due to Platform reasons, You may apply to the Platform to terminate the Service or request the Platform to correct the Platform problem in a timely manner, and then it should be handled according to the negotiation results of Both Parties.
11.5.In no event shall We be liable for any indirect, consequential, incidental, special or punitive damages and losses arising from Your use or inability to use the Services of this Platform, including loss of expected profits (even if You have been informed of the possibility of such losses）, loss of opportunity, damage to goodwill, interruption of trade, loss of business information, etc.
11.6.To the extent permitted by law, our maximum liability for compensation under this Agreement shall not exceed the actual fees We have charged for the Service in the past 12 months (including but not limited to: Platform Service fees, subscription fees, etc.）.
12.1.When You use our Services, You should provide us with real and effective contact information (including Your email address, contact number, contact address, etc.）. If the contact information changes, You are obliged to update the relevant information in a timely manner, and keep the status of being contactable. Your member account (including sub-accounts） for receiving internal messages and system messages is also Your effective contact method.
12.2.We may send You various notices to one or some of Your above-mentioned contact methods in accordance with this Agreement, and the content of such notices may have a significant beneficial or adverse impact on Your rights and obligations, please be sure to pay attention in time.
12.3.We will send You notices through the above-mentioned contact methods, including written notices sent electronically, including announcements, text messages to the contact number You provided, emails to the email address You provided, system notifications to Your account and station information. Messages and information on the site are deemed to have been delivered after they are successfully sent (regardless of whether You receive or read them）; Written notices issued in paper form shall be deemed delivered on the fifth natural day after being mailed to the contact address provided.
12.4.You are responsible for ensuring that the contact information provided is accurate, valid, and updated in time. You will bear the corresponding legal consequences if You fail to contact or delay contacting You due to Your failure to update Your contact information in time or the contact information is incorrect, resulting in legal documents that cannot be delivered or not delivered in time.
13.Force Majeure
13.1.We are not responsible for force majeure or losses not caused by us intentionally, or losses caused by Service stoppage.
13.2.Force Majeure in this Agreement includes: Natural disasters, political reasons, social environment, computer viruses or hacker attacks, server or system instability, any technical capabilities, network quality and communication lines, computer failures, etc.
14.1.The conclusion, effectiveness, interpretation, performance, and dispute resolution of this Agreement shall be governed by the Laws of Hong Kong Special Administrative Region of the People's Republic of China, and the application of all conflict of law provisions shall be excluded.
14.2.Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC） under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong.
15.1.We may update the content of this Agreement from time to time, including the modification of some documents and policies mentioned in this Agreement, and the revised content is part of this Agreement. We will not materially reduce Your rights under this agreement without Your express consent.
15.2.Before the content of this Agreement changes, We will announce the revised agreement content on the appropriate page of this Website 30 days in advance, and update the “last update date” at the top of this Agreement.
15.3.We recommend that You review this Agreement regularly. If You continue to use the Services of this Platform, You will be deemed to accept the relevant modifications We have made.
16.1.This Agreement, as Well as the Service descriptions, price descriptions on the relevant pages of this Website and the order pages You confirm and agree to (including special terms, Service descriptions, operating documents, etc.）, are an integral part of this Agreement. In case of inconsistencies, the following order shall apply (1） Service description, price description, other order pages; (2） special terms and its attachments (if any）; (3） this Agreement.
16.2.You undertake to abide by all applicable sanctions resolutions, laws and regulations on export control and economic and trade sanctions formulated and implemented by the United Nations, China, the United States, and any other countries (regions）, and international organizations.
16.3.You promise that You are not the subject of restrictions or sanctions under the aforementioned export control and sanctions laws and regulations, nor have You directly or indirectly provided funds, goods or Services to the subject of restrictions or sanctions; Without the permission of the relevant competent authorities, You and Your authorized individuals or entities will not use the products or Services We provide to provide controlled technologies, software or Services to restricted or sanctioned objects, or make us violate export controls in any way and sanctions laws and regulations.
16.4.You agree to compensate us to the fullest extent permitted by law for any fines or penalties that may incur as a result of Your violation of this export control and sanctions compliance provision.
16.5.We have the right to transfer all or part of the rights and obligations of this agreement to our affiliates with a reasonable advance notice.
16.6.15.6. Failure to enforce any provision of this agreement shall not constitute a waiver of such provision, nor shall it limit the right to enforce such provision in the future. If a party waives the right to pursue a breach of any provision of this Agreement, it shall not be deemed to have waived the right to pursue a breach of that provision in the future, nor shall it be deemed to have waived the right to pursue a breach of any other provision.
16.7.If any provision of this Agreement is deemed to be partially invalid, wholly invalid or unenforceable, the remaining provisions of this Agreement shall continue to be valid, and any invalid or unenforceable provision shall be replaced by another provision that is consistent with the purpose and intent of this Agreement.
16.8.The guarantee clauses, confidentiality clauses, intellectual property clauses, export control and sanction compliance clauses, applicable laws and dispute resolution clauses under this Agreement shall not become invalid due to the termination of this Agreement.
