User License and Service Agreement

Before using our mobile applications (“Apps”), please read this User License and Service Agreement (this “Agreement”) with caution and prudence.

 

We attaches great importance to right protection. Our Privacy Protection Policy and all rules published by us for providing the Apps Services shall be deemed as integral part to this Agreement, and shall have equivalent legal effects with this Agreement. By clicking the “Accept” button or using the Apps, you express your consent to this Agreement and our Privacy Protection Policy, and confirm that you are older than the minimum age (“minimum age” means 13 years old in the United States or other age as applied in your country according to local laws). By using our Apps service, you agree to be bound by the terms and conditions of this Agreement. If you do not accept this Agreement, you must not download, install, use or copy our Apps service.

 

We reserves the right to update, modify or supplement this Agreement from time to time. The updated Agreement will replace the original Agreement once published. You will be informed through system notices with link to the updated Agreement. You may continue to use our Apps after carefully reading and accepting the updated Agreement, and your continued use of our Apps constitutes acceptance to the updated Agreement. If you do not agree to any of the clauses in the updated Agreement, you should stop using our Apps and related service immediately.

 

1. General Provision

To effectively safeguard your legitimate rights and interests of using our Apps services, you understand and agree to the following:

 

1.1 The User License and Services refer to the licensed use any mobile applications that hyperlink to this Agreement and are available for download in the Google Play Store, Apple App Store or any other third party app store, or are pre-installed on third party devices (the “Apps”) owned or operated by Xian Ousiqi Software Co., Ltd., (also referred to as “Company,” “we,” “us,” or “our”). This Agreement is entered into between you and the Company.

 

1.2 In order to use our Apps, you must have full power to enter into this Agreement; and if you are entering into this Agreement on behalf of a company or other entity, you shall have the authority to enter into this Agreement on behalf of such company or entity.

 

2. Licensed Uses of our Apps

2.1 Subject to the terms and conditions of this Agreement, you are granted a personal, irrevocable, royalty-free and non-exclusive license to access and use our Apps   for your internal or personal use and to update or restore in your possession or under your control. When you download or purchase our Apps, usage rules may be contained in the descriptions of our Apps. If you download our Apps Update, you are only allowed to may make one copy of our Apps Updates stored on your computer that includes all copyright or other proprietary notices in original and in machine-readable form for backup purposes only. Each copy of our Apps downloaded, copied and installed by you must be complete, accurate and authentic, including all of software, electronic documents, copyright and trademark related to our Apps and this Agreement. You shall not modify our Apps, incorporate any components of our Apps into other software or redistribute our Apps to third-parties without the written permission of us.

 

2.2 You shall not transmit, copy and install our Apps to other devices or distribute or provide our Apps to any third-party by internet or other media without the prior express written consent of us. Unless expressly permitted by the Agreement, you shall not, and agree not to (or solicit others to) copy, alter, modify, create derivative works, deface or reverse engineering our Apps, or any services provided by our Apps or any part thereof, or try to derive the source code of our Apps and produce derivatives. You shall not attempt to gain unauthorized access to our Apps through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you by our Apps Services.

 

2.3 Without the prior express written permission of us, you shall not sell, rent, lease, transfer, redistribute, or sublicense our Apps, including any services provided to you as part of our Apps, to any other party.

 

 

3. Apps service rules

In order to protect your legitimate rights and interests in using Apps in services, you understand and agree to accept the rules as follow:

3.1 When you use our Apps, these contents will be displayed: the Agreement, rules or protocol in our Apps or its functionality page, the information which we send to your phone (text messages or phone calls, etc.), including current and potential future protocol or rules, which is the related rules for the Apps. If you use our Apps service, it is deemed that you have agreed to accept all the rules of our Apps services.

3.2 We may revise and update this rules according to changing technologies, applicable laws, our evolving business practices and the needs of our users, and will, in such case, give you prior notice in a then feasible manner. If you still continue to use the related services of the Apps when the update formally takes effect, it is deemed that you have agreed to the update. If you do not agree with any modification mentioned in the notice, you should immediately stop using the Apps and its service.

 

4. Your Rights and Obligations

4.1 You have the right to enjoy the Internet technology and information services as well as technical support, consultation and other services provided by us when you accept such services.

 

4.2 You shall respect the intellectual property rights and other legitimate rights of us and other third parties, and ensure that, in case of an illegal event infringing the aforesaid rights, you will endeavor to protect us and its shareholders, employees and partners from being affected or damaged by such event; we shall have the right to terminate this Agreement and stop providing services to you if you infringe upon the legitimate rights and interests of us.

 

4.3 You hereby warrant that your use of our Apps Services shall complies with local and national laws and regulations, industrial practices and social public morality, and you will not use services provided by us to store, publish or spread the following information and contents:

 

A. Any content (information) in violation of national laws, regulations and policies;

 

B. Political propaganda and/or news in violation of national legislations;

 

C. Information related to national secrets and/or security;

 

D. Feudal superstition and/or obscene, pornographic or nasty information or information about crime solicitation;

 

E. Lotteries and gambling games;

 

F. Information in violation of national ethnic and religious policies;

 

G. Information impeding Internet’s operational security;

 

H. Information or contents that infringes upon the legitimate interests of others or that impairs social order, social security or public morality;

 

I. Other contents that are prohibited by laws, regulations and administrative rules.

 

You admit that we may unilaterally terminate to provide service to you when you violate the aforesaid provisions, and you shall compensate us for the loss resulting from your violations.

 

4.4 You agree that most of the functions and services of our Apps will transfer data, and therefore may consume data traffic and incur some traffic charges. To save expenses, we prefers to choose transferring data when you are using the Wi-Fi.

 

 

4.5 In order to improve your user experience and inform you of the usage status of our Apps or related service, we may send service status notifications, marketing information and other commercial information through short messages or other forms. You hereby expressly agree to receive such information.

 

4.6 You agree not to:

4.6.1 Use our Apps for any illegal purposes;

 

4.6.2 Reverse engineer, decompile, disassemble or otherwise attempt to modify any internal resources of our Apps or the compiled program files (including without limitation any related malware signatures and malware detection routines), or create derivative works of any of the foregoing, except to the extent that the foregoing restriction is expressly prohibited by applicable law;

 

4.6.3 Sell, modify or redistribute our Apps, including but not limited to Apps sales, pre-installation and Apps bundling, without the written consent of us;

 

4.6.4 Use any parts or components of our Apps separately for any purpose except as provided in this Agreement because this app is licensed to be used as a single product;

 

4.6.5 Intentionally circumvent or destroy any technical measures taken to protect our Apps 's copyright, or delete or modify any electronic rights management data or information of our Apps;

 

4.6.6 Intentionally mislead or deceive other people by using our Apps;

 

4.6.7 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of our Apps or other material contained in a file that is uploaded;

 

4.6.8 Use our Apps to either access a computer/mobile network or use any computer/mobile information network resources without proper authorization;

 

4.6.9 Use our Apps to delete, modify or augment the function of any computer/mobile network without permission;

 

4.6.10 use our Apps to delete, modify or increase the data and/or applications stored, processed or transferred in any computer/mobile network without permission;

 

4.6.11 Use our Apps to perform any other act intended to harm the security of any computer/mobile network;

 

4.6.12 Use our Apps to disrupt of the normal operation of other software on the device, or propagate any malware.

 

5. Rights and Obligations of us

5.1 We shall endeavor to provide you with qualified network technology and information services according to services selected by you.

 

5.2 We may determine, at its sole discretion, to modify, revise or terminate various our Apps Services in the subsequent service provision process. Any updates or upgrades provided to you by us under this Agreement shall be considered part of our Apps Services. You may be required to install certain upgrades or updates our Apps in order to continue to use our Apps, or portions thereof. If the aforesaid service modification or revision may affect your existing legitimate rights and interests, we will inform you through system notice and push message 30 days in advance and provide you with an appropriate solution to safeguard your interests.

 

5.3 We is entitled to change the entity that provides our Apps Services to you based on its business adjustment. The entity after change will automatically become a party to this Agreement and provide services to you, and such change shall not affect any of your rights and interests under this Agreement. You will be informed three months prior to such change through system notice and push message.

 

5.4 For understanding and agreement, due to the needs of business development, We will do the commercial promotion and cooperation in the system, including but not limited to the opening screen advertising, lock screen advertising the development and use of this system as part of the service promotion for the third party, we commitment in the promotion process in strict accordance with the "Privacy Protection Policy" in order to protect your personal information.

 

6. Interruptions or Failure of the our Apps Services

Our Apps may fail in any of the following circumstances and may impede your use of various online services. Unless otherwise provided in the law, we shall not assume the liability for any damages caused by such circumstances beyond its reasonable control, which includes, but not limited to, the following:

 

A. ‘Our system is shut down for maintenance;

 

B. The telecommunications equipment fails and cannot transmit data;

 

C. Our system fails due to force majeure events such as typhoon, earthquake, tsunami, flood, power outage, war, and terrorist attack;

 

D. The service is interrupted or delayed due to reasons such as hacker attack, technical adjustment or failure of the telecommunications sector, website upgrade, and fault on the part of the bank;

 

E. Any other circumstances not due to the fault of us and beyond its reasonable control.

 

 

7. Legal Responsibilities and Disclaimer of us

7.1 Our Apps has been thoroughly tested and will provide services with reasonable care and skill, if you encounter an incompatibility with your device, please contact us for technical support. You should uninstall our Apps if the compatibility problem persists. To the maximum extent permitted by applicable law, we shall be only liable for liabilities specified in this Agreement.

 

7.2 As the personal information is voluntarily provided by users of our Apps, we cannot guarantee the accuracy, timeliness and completeness of such information, and you shall be solely responsible for your information.

 

7.3 Unless otherwise expressly provided by law, we will endeavor to ensure security, validity, accuracy and reliability of our Apps and the technology and information involved, but due to restrictions of the existing technologies, you understand that we does not guarantee including, but not limited to, the following:

 

A. The functions contained in, or services performed or provided by us can meet all your requirements or be fully compatible with your device;

 

B. Our Apps Services can be provided in time and free of interference or error or continually be made available;

 

C. All products, services, information or other materials that you obtained through our Apps meet your expectations.

 

7.4 The quality and content of the third-party services preinstalled in our Apps shall be the responsibilities of such third party. You understand that the third party application or function preinstalled in our Apps is provided by the corresponding third party. You must directly contact the third party if you have any question, comment, suggestion, complaint or dispute relating to the third party application or function, and we shall not assume any responsibility in this regard.

 

 

7.5 To the extent permitted by law, any damage or data loss of your smart terminal system arising from your downloading or obtaining of any information through our Apps Services shall be at your own risks.

 

7.6 To the extent permitted by law, we shall not undertake the legal responsibilities for personal damages or any consequential, indirect, punitive, special and derivative losses (including business loss, revenue loss, profit loss, loss of data used, or that of any other economic benefits) that relate to or arise from the Agreement, unless otherwise expressly provided in law.

 

8. Termination of the Agreement and Liabilities for Breach

This agreement is effective until being terminated. You shall respect the intellectual property rights of our Apps and shall use our Apps according to the scope of authorization and specifications. Fulfilling obligations in accordance with the Agreement are preconditions for you to obtain our Apps license.

 

8.1 Termination by you. You are free to stop using our Apps at any time and do not need to notify us.

 

8.2 Termination by us. We shall not terminate our Apps Services unless noticing you with a public announcement three months in advance. If you violate provisions of national or local laws and regulations or terms of this Agreement, we may terminate this Agreement without prior notice. If you violate this Agreement, we may notify its affiliated companies to adopt restrictive measures to your interests, including requesting affiliated companies to suspend or terminate part or all of the services provided to you.

 

8.3 If this Agreement is terminated, you shall stop using our Apps and destroy all of the copies and reproductions of our Apps.

 

9. Entire Agreements

9.1 This Agreement is constituted by the provisions contained herein, Privacy Protection Policy, and all rules published by us for providing services. There are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between you and us relating to our Apps other than as set out in this Agreement. Related terms can be cited for cross reference. In case of any discrepancy among this Agreement, Privacy Protection Policy and all rules published by us for providing services, the provisions of this Agreement shall prevail.

 

9.2 This Agreement supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between you and us, whether oral or written. Your understanding and acceptance of this Agreement means your understanding and acceptance of the content of all constituent parts of this Agreement.

 

9.3 If any part of this Agreement is deemed to be illegal by a court with jurisdiction, validity of the remaining parts shall not be affected, and you and we shall fulfill the remaining parts in good faith.

 

10. Protections of Intellectual Property Rights

10.1 Intellectual property rights of our Apps(including but not limited to works, images, archives, information, materials, architecture and webpage design) and other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information or trade-secrets, in or relating to our Apps or any part hereof under this Agreement are owned by us. Except as expressly provided in this Agreement, you do not acquire any rights in our Apps.

 

10.2 No program or content of our Apps shall be used, modified, reproduced, publicly transmitted, changed, disseminated, distributed, or published without prior written consent of us. Any rights not expressly granted herein are expressly reserved by us.

 

 

11. Governing Law and Jurisdiction

11.1 Effectiveness, interpretation, modification, performance and dispute settlement of this Agreement shall be governed by the law of place where the Agreement is signed. Unless if the law of your jurisdiction does not permit to resolve disputes arising out of or related to this Agreement according to other jurisdiction’s laws including the law of place where the Agreement is signed, then the law of your jurisdiction shall apply.

11.2 This Agreement is signed in our domicile - Gaoxin District, Xi’an City, Shan xi Province, People’s Republic of China. Any dispute arising from or in connection with this Agreement shall be first resolved through friendly negotiations between you and us; if no settlement is reached, either party may submit the dispute to a competent people’s court in Gaoxin District, Xi’an City, Shan xi Province. Unless if the courts in your jurisdiction will not permit you to consent to the jurisdiction and venue of the aforesaid court, then your local jurisdiction and venue will apply to the disputes arising out of or related to this Agreement.

12. Miscellaneous

12.1 The headings in this Agreement are for the convenience of reading only and shall not serve as a basis for interpretation of this Agreement.

12.2 We may change the corporate entity which provides our Apps services to you if there is any adjustment during the business. The new entity performs this agreement together with you and provides services to you. The changes above will not affect any of your rights and interests under this agreement. If there is any dispute, you may choose the entity and the other party of the dispute in accordance with the service which you use and the specific behavior that affects your rights and interests.