AppBi Data Services Agreement
1.To be noticed
Beijing AppBi Data Technology Co., Ltd. (hereinafter referred to as "AppBi") agrees to provide related services based on internet and mobile internet (hereinafter referred to as "internet services") in accordance with the provisions of this Agreement and its operation rules published irregularly. In order to gain access to the internet service, the Service User (hereinafter referred to as "User") shall agree with all the terms of this Agreement and follow the instructions on the page to complete the entire registration process. Once the user clicks the "Register now" button during the registration process, it indicates that the user fully accepts all the terms under this agreement.
After the user successfully registers, AppBi will give each user a user account and the corresponding password which are kept by the user. The user shall be responsible for the liabilities of all the activities and events carried out by his user account.
After the user successfully registers, AppBi reserves the right to conduct non-commercial research based on user operational behaviors during the use of services provided by AppBi.
2. Service Contents
The specific contents of the service are provided by AppBi according to the actual situation, such as advertising, data analysis, content release, etc.
Some of the internet services provided by AppBi are charged fees. Users need to pay the fees for these services. For the fee-based internet services, AppBi will give the user a clear hint before using. Only the user confirms their willingness to pay the relevant fees according to the hint, can he use the paid internet services. If the user refuses to pay the relevant fees, AppBi has the right not to provide such fee-based internet services to the user.
The user understands that AppBi only provides related internet services. Except them, the devices related to relevant internet services (such as personal computers, mobile phones, and other devices connected with the Internet or mobile network) and the related expenses (such as Telephone and Internet access fees paid for accessing the Internet, mobile phone fees paid for the use of the mobile network) shall be borne by the user himself.
3. Service change, interruption or termination
Whereas the particularity of the internet services, the user agree that AppBi has the right to change, interrupt or terminate part or all of the internet services (including the paid internet services and free internet services) at any time. If the changed, interrupted or terminated internet services are free services, AppBi needs not to inform the user, nor bear any liability to any user or any third party; If the changed, interrupted or terminated internet services are paid services, AppBi should inform the user before changes, interruptions or terminations, and provide the affected user with an equivalent alternative chargeable internet services. If the user is not willing to accept alternative fee-based internet services, in terms of the user's payment for the services, AppBi should deduct the corresponding service fees in accordance with the actual use of the user for the corresponding internet services and refund the remaining service fee to this user.
User understands that AppBi needs to overhaul or maintain its platform (such as Internet websites, mobile networks, etc.) or related devices that provide network services on a regular basis or irregular basis. If, as a result of such circumstance, the paid network service is disrupted within a reasonable time, AppBi shall bear no liability for it. But AppBi shall give prior notice as far as possible.
In the event of any of the following circumstances, AppBi reserves the right to interrupt or terminate the internet services provided under this Agreement to users at any time. [This internet services include, but not limited to chargeable and free Internet services (including free internet service based on advertising mode) ] without any liability to the user or to any third party:
3.3.1 The personal information provided by the user is not true;
3.3.2 User violates the usage rules stipulated in this agreement;
3.3.3 User does not pay the appropriate service fee to AppBi in accordance with the provisions when using the fee-based internet services.
If the account of the free network service registered by the user is not actually used within any 90 consecutive days or the account of the charged network service registered by the user is not actually used for 180 consecutive days after the expired service, AppBi has the right to delete the account and stop providing related internet services for the user.
4. Service regulations
When applying for the use of AppBi internet services, the user must provide AppBi with accurate personal data. If there is any change in personal data, it must be updated promptly.
User should not transfer his account number or password to others for use. If user finds his account being illegally used by others, he shall notify AppBi immediately. AppBi bears no liability if the account number or the password is illegally used by others due to hacking or the user's negligence.
User agrees that AppBi is entitled to project various commercial advertisements or any other type of commercial information (including, but not limited to, advertising on any page of AppBi's Websites) in various ways when providing internet services, and the user agrees to accept that AppBi sends a product promotion or other related business information to users via email or other means.
User shall obey the following principles when using AppBi internet services:
4.4.1Comply with the relevant Chinese laws and regulations;
4.4.2 Comply with all network protocols, rules and procedures related to internet services;
4.4.3 Shall not use network service system for any illegal purpose;
4.4.4 Shall not use AppBi internet services in any way to infringe AppBi's business interests, including, but not limited to, publishing commercial advertisements without the approval by AppBi;
4.4.5 Shall not use the AppBi service system to conduct any activity that may adversely affect the normal operation of the Internet or the mobile network;
4.4.6 Shall not upload, display or transmit any false, harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information material by using the internet services provided by AppBi;
4.4.7 Shall not infringe the patents, copyrights, trademarks, reputation rights or any other legal rights of any other third party;
4.4.8 Shall not use AppBi's network service system for any detrimental to its behavior.
AppBi has the right to review and oversee the use of AppBi internet services, [including but not limited to paid and free web services (including free ad-based internet services)], including but not limited to audit the contents the user storage in AppBi. If the user violates any of the above rules when using the Internet service, AppBi or the person authorized by it has the right to require the user to correct or directly take all necessary measures (including but not limited to, changing or deleting the content posted by the user, and suspending or terminating the user's internet service rights), in order to mitigate the impact of user misconduct.
Any statement, notice, warning and other content made by AppBi in any means targeting specific AppBi internet services ((including but not limited to web page announcements, e-mail, SMS alerts, etc.) should be regarded as a part of this agreement. User who uses these AppBi internet services shall be deemed to agree with the contents of these statements, notices, and warnings.
5. Intellectual property
All rights of any software used by AppBi to provide internet services (including but not limited to any images, photos, animations, videos, recordings, music, scripts and add-ons) belong to the copyright owner. The user may not reverse engineer, decompile, or disassemble the software without the copyright owner's permission.
6. Privacy protection
Protecting user privacy is a basic policy of AppBi. AppBi guarantees that the registration information of a single user and the non-public content stored by users at AppBi are not disclosed to the public or provided to the third party. The following circumstances are excluded:
6.1.1 Prior clear access to the user's authorization is obtained;
6.1.2 Required by the relevant laws and regulations;
6.1.3 Required by relevant government authorities;
6.1.4 To safeguard the interests of the public;
6.1.5 To safeguard the legitimate rights and interests of AppBi.
AppBi may cooperate with the third party to provide user with the relevant network services. In this case, if such third party agrees to bear the same privacy-protecting responsibility as AppBi, AppBi has the right to provide the third-party registration information and other information.
In the premise of not disclosing the privacy of a single user, AppBi has the right to analyze the entire user database and make commercial use of the user database. complying with relevant laws and regulations.
User expressly agrees to bear all the risk or the consequences of using AppBi Internet service; AppBi does not assume any liability of user.
AppBi does not guarantee that internet services will certainly be able to meet the requirements of user, or network services will not be interrupted. It also does not guarantee the timeliness, security and accuracy of internet services.
AppBi does not guarantee the accuracy and completeness of the external links that are provided for the convenience of users; and at the same time, AppBi does not bear the liabilities for the content of any web pages beyond actual control to which such external links are directed.
AppBi bears no liability for any disruptions or other defects in the internet services due to force majeure or reasons beyond AppBi's control; but it will do its best to minimize any loss or impact on users.
The user agrees that AppBi shall bear no liability for the quality defects of following products or services AppBi provides to the users and any damage they cause:
7.5.1 Various internet services provided by AppBi for free;
7.5.2 Any product or service presented by AppBi;
7.5.3 Various products or services provided by AppBi as the complimentary of paid internet services.
8. Third-party websites and services
AppBi's website, products, applications and services may contain links to third-party websites, products and services. Our products and services may also use or provide products or services from third parties.
Information collected by third parties that may contain location data or contact information, etc., is subject to the third party's privacy practices. We hope you understand these third party privacy rules.
9. Liquidated damages
In the event of a loss to the user as a result of AppBi violating any relevant law, regulation or any provision of this agreement, AppBi agrees to be liable for damages arising therefrom.
User agrees to protect and maintain the interests of AppBi and other users; user agrees to bear the liability of the damages to AppBi or any other third party as a result of user's breach of applicable laws, rules or any terms of this agreement.
10. Agreement amendment
AppBi has the right to amend any provision of this agreement at any time. Once the content of this agreement is changed, AppBi will publish the revised agreement content directly on its website. It is deemed that AppBi has notified the user of the changes. AppBi can also notify user the modified content by other appropriate ways.
If user does not agree with the changes in the agreement's relevant provisions made by AppBi, the user has the right to stop using internet services. If the user continues to use the internet service, he / she is deemed to have accepted the changes made by the AppBi.
11. Notice served
All the information in this agreement by AppBi to user is available to send to user via web page announcement, email, SMS or regular mail transmission; the notifications are deemed to have been delivered to the addressee on the date of sending.
The user's notice of AppBi should be served through contact information officially announced by AppBi, such as mailing address, fax number, e-mail address, etc.
12. Legal jurisdiction
The conclusion, implementation and interpretation of this Agreement and the settlement of disputes shall apply to Chinese law and governed by Chinese courts.
If there is any dispute between the parties regarding the content of this agreement or its implementation, both parties shall try their best to solve them through friendly negotiation. If the negotiation fails, either party may institute legal proceedings in the People's Court where AppBi is located.
This Agreement constitutes a complete agreement between both parties concerning the stipulations of this Agreement and other relevant issues. Except as provided in this Agreement, no other rights of all parties to this Agreement shall be granted.
If any provision of this agreement for any reason, totally or partially invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding.
The titles in this agreement are for convenience only and should be ignored when interpreting this agreement.