Update Date: December 9, 2024
Effective Date: December 9, 2024
I. Introduction
Welcome to use the software and related services of our company!
The User Agreement (hereinafter referred to as “this Agreement“) is an agreement between you and Beijing Fengling Technology Co., Ltd. (hereinafter referred to as “the Company“) regarding your downloading, installation, and use (collectively referred to as “use“) of this software and obtaining related services provided by this software.
To better serve you, please read and fully understand this Agreement before using this software and related services, especially terms involving exemption or limitation of liability, rights licensing, information usage, terms agreeing to activate and use special individual services, applicable laws, and dispute resolution clauses. Important content such as exemption or limitation of liability clauses will be highlighted in bold for your attention; these should be read with particular focus.
If you are under 18 years old, please read and fully understand this Agreement under the supervision of a legal guardian and obtain their consent before using this software and related services.
If you do not agree to this Agreement, it will result in the Company being unable to provide you with complete products and services, and you may also choose to stop using them. If you independently choose to agree or use this software and related services, it indicates that you have fully understood this Agreement and agree to be bound by this Agreement as one of the parties, along with other agreements and rules related to this software and related services (including but not limited to the Privacy Policy).
II. This Software and Related Services
1. You can access this software and related services through pre-installed applications, downloads from third parties authorized by the Company, or by visiting the relevant websites. If you did not obtain this software from the Company or a third party authorized by the Company, the Company cannot guarantee that unofficial versions of the software will function properly, and any losses you incur will not be the responsibility of the Company.
2. The Company may develop different application software versions for different terminal devices. You should obtain, download, and install the appropriate version based on your actual device conditions.
3. You may use this software and related services or update this version according to your needs. If you no longer need to use this software and related services, you can also uninstall the corresponding application software on your own.
4. To enhance user experience and service, the Company will periodically provide updates or changes to this software and related services (including but not limited to software modifications, upgrades, functional enhancements, development of new services, etc.). You can choose whether to update the corresponding version as needed. To ensure the security of this software and related services and improve user service, after partial or full updates of this software and related services, the Company will notify you appropriately (including but not limited to system prompts, announcements, station messages, etc.), and you have the right to choose to accept the updated version. If you choose not to update, certain functions of this software and related services may be restricted or unable to function normally.
5. Unless explicitly authorized in writing by the Company beforehand, you shall not perform unauthorized actions such as adaptation, reproduction, distribution, vertical search, mirroring, or trading of this software and related services in any form.
6. You understand that you must prepare terminal devices (such as computers, mobile phones, etc.) related to the software and related services yourself when using this software and related services. Once you open this software on your terminal device or visit the related website, it is considered that you are using this software and related services. To fully realize all functions, you may need to connect your terminal device to the internet, and you understand that you bear all costs (such as data fees, internet charges, etc.) required.
7. The Company grants you a personal, revocable, non-transferable, non-exclusive, and non-commercial license to legally use this software and related services. All rights not expressly granted in this Agreement remain reserved by the Company. You must obtain written permission from the Company before exercising any of these rights. The Company's failure to exercise any of the aforementioned rights does not constitute a waiver of those rights.
:
III. Protection of User Personal Information
The Company is committed to protecting your personal information (i.e., information that can independently or in combination with other information identify you) alongside you.
Protecting user personal information is one of the Company's fundamental principles. During the use of this software and related services, you may need to provide your personal information (including but not limited to your name, phone number, device information, etc.) so that the Company can provide you with better service and corresponding technical support. The Company will legally protect your rights to browse, modify, delete relevant personal information, and withdraw authorization, and will employ encryption technology, anonymization processing, and other technical measures matching this software and related services as well as other security measures to protect your personal information. For more content on the protection of your personal information, please refer to the Privacy Policy.
IV. User Conduct Standards
You are responsible for your actions when using this software and related services. Unless permitted by law or in writing by the Company in advance, you must not engage in any of the following behaviors when using this software and related services: using any unauthorized plugins, systems, or third-party tools to interfere with, disrupt, modify, or otherwise affect the normal operation of this software and related services.
Engaging in any activities that endanger computer network security regarding or targeting this software and related services, including but not limited to:
(1) Unauthorized access to networks, interference with normal network functions, theft of network data, and other activities harmful to network security;
(2) Providing programs or tools specifically designed for engaging in unauthorized network access, interference with normal network function and protective measures, theft of network data, and other activities harmful to network security;
(3) Providing technical support, payment settlement assistance, or other help to others known to be engaged in activities harmful to network security;
(4) Using unauthorized data or accessing unauthorized servers/accounts;
(5) Without permission, entering public computer networks or other people's computer systems and deleting, modifying, or adding stored information;
(6) Without authorization, attempting to probe, scan, test the weaknesses of this system or network or otherwise engaging in activities harmful to network security;
(7) Attempting to interfere with or disrupt the normal operation of this system or website, intentionally spreading malicious programs or viruses, and other behaviors that disrupt normal network information services;
(8) Forgery of TCP/IP packet names or part of the names;
(9) Reverse engineering, decompiling, disassembling, or otherwise trying to discover the source code of this software and related services;
(10) Any other actions that violate laws and regulations, this Agreement, the Company’s rules, or infringe upon the legitimate rights and interests of others.
If the Company has reasonable grounds to believe that your behavior violates or may violate the above agreements, the Company may independently judge and handle it and at any time terminate providing services to you without prior notice and pursue relevant legal responsibilities.
V. Breach Handling
Due to your violation of this Agreement or other terms of service, if a third party files a complaint or lawsuit against you, you shall handle it yourself and bear all potential legal liabilities arising therefrom. If your illegal or breach of contract actions cause the Company to compensate any third party or suffer penalties from national authorities, you should fully compensate the Company for all losses incurred thereby.
VI. Changes, Interruption, and Termination of Services
1. You understand and agree that the services provided by the Company through this software and related services are provided according to the current state of technology and conditions. The Company will make every effort to provide you with services, ensuring the continuity and safety of the services. You understand that the Company cannot always foresee and prevent legal, technical, and other risks, including but not limited to force majeure, network reasons, defects in third-party services, third-party websites, etc., which may lead to service interruptions, inability to normally use this software and related services, and other losses and risks.
2. You understand and agree that the Company, for the needs of overall service operation safety, has the right to decide on the settings and scope of services/functions based on specific circumstances, and to modify, interrupt, suspend, or terminate this software and related services.
VII. Intellectual Property Rights
The Company provides technical support for the development and operation of this software and enjoys all rights allowed by laws and regulations over all data and information generated during the development and operation of this software and related services.
:
VIII. Disclaimer of Warranties
1. You understand and agree that this software and related services may be affected or disrupted by various factors, and the Company does not guarantee (including but not limited to):
(1) That this software and related services will fully meet your usage requirements;
(2) That this software and related services will be uninterrupted, timely, secure, reliable, or error-free; any software, service, or other materials obtained through the Company will meet your expectations;
(3) All errors in this software and related services will be corrected.
2. In the event of suspected borrowing, investment and financing, financial management, or other property-related network information, account passwords, advertisements, or promotional information, please exercise caution and make your own judgment. For any profit loss, business reputation damage, data loss, or other tangible or intangible losses you suffer as a result, the Company shall not bear any direct, indirect, incidental, special, derivative, or punitive damages.
3. You understand and agree that during the use of this software and related services, you may encounter force majeure events (force majeure refers to objective events that cannot be foreseen, overcome, or avoided), including but not limited to government actions, natural disasters (such as floods, earthquakes, typhoons, etc.), network issues, war, strikes, riots, etc. When a force majeure situation occurs, the Company will strive to promptly repair it, but for any suspension, interruption, termination of services, or losses caused by force majeure, the Company is exempt from liability to the extent permitted by law.
4. The Company's right to handle illegal or non-compliant content as agreed in this Agreement does not constitute an obligation or commitment on the part of the Company. The Company cannot guarantee timely detection of illegal activities or corresponding handling.
5. You understand and agree that regarding this software and related services, the Company does not provide any express or implied warranties or conditions of any kind, including but not limited to merchantability or fitness for a particular purpose. You assume all risks associated with your use of this software and related services.
6. You understand and agree that this Agreement aims to ensure compliance with national laws and regulations, maintain public order and good morals, and protect the legitimate rights and interests of users and others. Within its capabilities, the Company strives to make judgments according to relevant laws and regulations, but does not guarantee that its judgments will be entirely consistent with those of judicial or administrative authorities. You have understood and agree to bear any consequences arising therefrom.
7. Under any circumstances, the Company shall not be liable for any indirect, consequential, punitive, incidental, special, or exemplary damages, including but not limited to lost profits resulting from your use of this software and related services. Except as otherwise expressly provided by applicable laws, the total liability of the Company to you, regardless of the cause or manner of action, shall not exceed the amount paid by you to the Company for using this software and related services (if any).
IX. Special Provisions Regarding Third-Party Services
When using third-party provided software and related services within this software, in addition to complying with this Agreement and other relevant rules of this software, you may also need to agree to and comply with the agreements and relevant rules of the third party. Any disputes, losses, or damages arising from third-party software and related services should be resolved between you and the third party. The Company does not assume any responsibility for you or any third party in this regard.
X. Terms for Minors
1. If you are a minor under 18 years old, you should read and agree to this Agreement under the supervision and guidance of your guardian and obtain their consent before using this software and related services.
2. The Company values the protection of minors' personal information. Minor users should enhance personal protection awareness and exercise caution when filling out personal information and should correctly use this software and related services under the guidance and with the consent of their guardians.
3. Minor users and their guardians understand and confirm that if you violate laws and regulations or the content of this Agreement, you and your guardians shall bear all legal liabilities arising therefrom in accordance with the law.
XI. Miscellaneous
1. The formation, effectiveness, performance, interpretation, and resolution of disputes concerning this Agreement shall be governed by the laws of the People's Republic of China. Should any provision of this Agreement be invalid due to conflict with Chinese law, such provisions shall be reinterpreted and applied as closely as possible to the original intent of the Agreement while remaining compliant with the law, and the rest of the Agreement shall remain in full force and effect.
2. To provide you with better services or due to changes in national laws, policies, technology, product functions, etc., the Company may revise this Agreement at appropriate times. Revised content forms part of this Agreement. After the Agreement is updated, the Company will issue an updated version of the software so you can stay informed about the latest version of the Agreement. You can also review the latest version of the Agreement terms on the software settings page. By continuing to use this software and related services, you indicate that you have agreed to accept the revised content of the Agreement.
If you have objections to the revised Agreement, you should immediately stop using this software and related services. Continuing to use this software and related services indicates that you acknowledge and accept the revised content of the Agreement.
3. The headings in this Agreement are included for convenience of reading only and do not affect the meaning or interpretation of any provisions herein.
4. Both you and the Company are independent entities. Under no circumstances does this Agreement constitute any express or implied warranty or condition by the Company towards you, nor does it establish any agency, partnership, joint venture, or employment relationship between the two parties.