AISHU User
Agreement
Preface
| Important -- please read
carefully
1. This Agreement
includes all the terms and conditions that you should comply with when
accessing or using the products or services provided by AISHU. If you hold any questions
about this end-user software license agreement (EULA for short), please contact
AISHU, and we will be delighted to explain it to you. If you do not agree to or
understand this EULA, please do not take further actions towards the products
or services provided by AISHU. By using any feature of the software, the
end-user agrees to be bound by the terms of this EULA.
2. The right to
modify this EULA is reserved to AISHU, and AISHU can transfer it to the related
third parties. AISHU will announce the changes of EULA on the website. The
changed EULA or assignments will be considered as a part of this EULA once
published. If you do not agree to the changed EULA, you should stop using our
products/services immediately. Otherwise, it will be deemed that you accept
all.。
Article 1 |
How do you use this product
1)
Obey all the laws, including the applicable
international treaties or conventions. Do not infringe any personal privacy or
other legal rights or interests. Do not endanger network security or
information;
2)
Comply with all agreements, guidelines,
regulations, procedures, or notices relating to the product;
3)
Keep your account and password properly, and
inform AISHU immediately of any illegal use of your account or any security
breach of your account;
4)
Ensure the security of the data you upload and
store, such as free from viruses, Trojans, and other harmful programs;
5)
Own the contents stored in this product and
independent legal responsibility for the legality of the contents;
6)
Be responsible for data loss, damage, and other
losses caused by the disclosure of the account and password due to your
reasons.
Article 2 | Acts forbade for this product
1.
When using this product, you shall not:
1)
Damage this product, affect the normal
operation of this product, or harm the legal rights and interests of AISHU;
2)
Delete or change any trademarks, icons,
copyrights, or other ownership declarations, legends, symbols, or marks of this
product without notifying AISHU;
3)
Disclose to third parties any results
of the benchmark test of this product without the written permission of AISHU;
4)
Rent or lease, sell or reauthorize this
software;
5)
Bind this software with other software
products to use;
6)
Take actions to bring any malfunction
towards the Internet or mobile network by this product;
7)
Use this product to upload, show, copy,
publish any illegal or immoral information;
8)
Infringe the intellectual properties or
other legal rights and interests of other people with this product;
9)
Use this product to damage the
interests or reputation of AISHU or any parties related to AISHU;
10) Use
this product to involve in or promote any illegal activities;
11) Use
any part of this product as the target link for any batch information or
business information without permission(including but
not limited to all kinds of junk mails);
12) Use
any automated process or service to access or use this product;
13) Use,
or try to use any unauthorized method to modify, or change the interface of
this product;
14) Damage
or destroy this product (or any networks that connect this product), make it
unable to operate, or operate under overload, or interfere with the others to
use this product;
15) Resell
or distribute this product or any part of this product;
16) Do
other things that harm the legal rights and interests of AISHU and its third
parties.
2.
Breach any item of this article will be
regarded as your breach of contract, and you will be liable in accordance with
Article 3 of this agreement.
Article 3 | Liability for breach of contract
1.
If you violate any terms in this EULA,
AISHU will be entitled to ask you to correct it. And if your actions cause loss
or damage for AISHU, AISHU can take unilateral measures, including but not
limited to:
1)
Block or cancel your account;
2)
Stop providing the product or services
temporarily;
3)
End the services of the product;
4)
Terminate this agreement.
2.
Any penalty, investigation, accusation,
claim or demand caused or generated by your conduct, or any loss resulting
therefrom, shall be resolved at your own expense and you shall bear the
corresponding responsibility.
3.
If your actions cause any third party
to put forward any punishment, investigation, accusation, claim or request
against AISHU or its affiliates, once you receive a written notice from AISHU,
you should immediately cooperate with AISHU to verify. After verification and
written confirmation by both parties, you will bear all expenses incurred by
AISHU or its affiliates due to defenses, and at the same time, AISHU or its
affiliates will retain the right to claim against you for the losses suffered
by your actions.
4.
The above breach liability clause
applies to the entire period of your use of the product.
Article 4 | Product Activation
1. During activation, you allow the product to connect to
the address specified by AISHU, and verify it.
2. During activation, AISHU will verify the activation
code for the legitimate use of the product.
Article 5 | AISHU Services
1. Service
Scopes: or
details of Aishu's service policy, please refer to https://www.aishu.cn/cn/service-policy-2022 .
2. Service Declaration:
Not all errors you
report to AISHU can be fixed, any update for this software will be seen as a
part of the software and be restricted by this EULA.
3. Service Restrictions.AISHU
does not accept the service requests resulted in:
1) Installing or using the software not in accordance
with the operational guidance in the accompanying document.
2) Using the
software not licensed by AISHU or altering, adapting, or modifying this
software without permission from AISHU.
3) Hardware
failure caused by your ignorance or other uncontrollable factors by AISHU.
4) Software
damages suffered accidentally or artificially.
5) Using
any update not released by AISHU at all or not in accordance with the
corresponding one released by AISHU.
Article 6 | Changes to AISHU Services
1.
You understand and
agree that to better respond to your requirements, optimization services, AISHU
may need overhaul, maintenance, upgrade or update regularly or not regularly
for products or related equipment, which leads to the suspension of service
within a reasonable time. AISHU will try to notice in advance. Such notices are
AISHU’s full and sole responsibility in such cases.
2.
Due to the
particularity and unpredictability of network services, this product service or
any part of it may be changed, interrupted, or terminated at any time for
various reasons.
Article 7 | Intellectual Property
1.
The product and any
copies that you are permitted to use are owned by AISHU and are protected by
China and other country copyright, other intellectual property laws, and other
international treaties. All rights, title to the intellectual property rights are owned by AISHU and are not transferable. References to
"Intellectual Property Rights" herein are all current and future
Copyrights, trademarks, trade secrets, patents, and any other legally
recognized intellectual property rights.
2.
The Disclosing Party
owns all right, title, and interest, including without limitation all
intellectual property rights, in the product, any part of the product, or any
text, pictures, graphics, audio, or video materials provided through or in
conjunction with the product (the "Material"). These materials are
protected by copyright, trademark, and/or other property ownership laws.
3.
Any party bound by
this EULA agrees not to modify, adapt, translate, make derivative works from,
decompile, reverse engineer, disassemble, attempt to obtain source code from
the product or materials without the consent of the Disclosing Party, or
extract the substance of the product and materials for other applications.
4.
Each party bound by
this EULA agrees not to remove, mask or alter the copyright descriptions,
trademarks, or other proprietary rights of the Disclosing Party or any third
party protected by this EULA attached to, contained in, or read through or
through the Product without the consent of the Disclosing Party.
5.
Unless there are other
clear agreements, any part of this EULA cannot be explained as one part
transfer its copyright, patent, trade secret, trademark, or any other
intellectual property right to the other.
Article 8 | Information
Collection and Privacy Protection
1. AISHU promises that we will not disclose voluntarily
your data stored in this product to third parties. However, the information
disclosure, which is under the compulsory requirements of relevant laws,
regulations, judgments, and rulings, is exempt from the restriction. You will
be notified by AISHU under these circumstances.
2. AISHU will collect some of your information for
cooperation and services. AISHU will use and protect the information according
to the Privacy Policy. Besides, AISHU can access or disclose your related
information for the purposes below:
1) To comply with relevant laws and assist judicial or
law enforcement agencies in their investigation and enforcement;
2) Or to protect the rights, property, or safety of the
public in accordance with the mandatory provisions of the relevant laws
3.
AISHU may collect
certain information about the service status, your equipment, and your use of
the products to provide you with services. AISHU reserves the right to upload
the information from your devices, with which, AISHU cannot identify you.
4.
For more information,
you can read Privacy Policy on our product page.
Article 9 | Representations and Warranties
1.
Each party represents
that it has duly and validly entered into this EULA and that it has the right
and authority to do so.
2.
You declare, guarantee
and promise that：
1)
You shall comply with
all applicable laws and regulations relating to your activities under this
EULA.
2)
Your use of the
product shall not infringe the intellectual property rights or any other rights
of any third party.
Article 10 | Limitation and immunity of liability
1.
AISHU is not
responsible for the following:
1)
Any problems caused by
your content/IT facilities and equipment, third-party content/IT facilities and
equipment, or any products or services not provided by AISHU.
2)
Or any problems caused
by the abuse or modification of the software product or the use of the product
in violation of terms, laws, and regulations hereof.
2.
You understand and
agree that the products and/or services provided by AISHU may be affected by
various factors, including but not limited to your IT facilities and equipment,
network service quality, social environment, etc. For example, other software you
download and install or other websites you visit may contain viruses, Trojan
horse programs or other malicious programs, threatening your terminal device
information and data security, and then affecting the normal use of AISHU
products and/or services, etc. Therefore, you should strengthen your awareness
of information security and personal information protection to avoid losses.
3.
To the fullest extent
permitted by law, unless otherwise expressly stated AISHU excludes and
expressly disclaims any warranties, representations, terms, conditions, or any
other form of undertaking, whether express or implied, statutory or otherwise
Ways, including but not limited to any guarantees, statements, terms,
conditions or other promises regarding marketability, quality satisfaction,
non-infringement, or applicability for specific purposes. Under no
circumstances will AISHU be liable for any indirect, accidental, or direct
losses or losses arising from the use of this product, even if AISHU has been
informed of the possibility of such losses, depletion, and risks in advance.
4.
Failure by a party to
exercise a right under this EULA shall not constitute a waiver or forfeiture of
that right or any other right. If any provision of this EULA is unenforceable
or invalid to the extent of applicable law, this EULA shall not be unenforceable
or invalid as a whole. This unenforceable or invalid provision will be amended
or construed to maximize its objectives within applicable law. Any modification
of this EULA shall be made with the prior consent of both parties.
5.
The laws of your
country or region may not allow the exclusion or limitation of certain
liabilities by contract. To the maximum extent prohibited by the law, some of
the above limitations or exclusions of liability do not apply to you.
Article 11 | Applicable Laws and Regulations
1.
This Agreement is
governed by the laws and regulations of the People's Republic of China. All
disputes and disputes arising out of or related to the execution and
interpretation of this EULA shall be submitted to a court that has jurisdiction
over AISHU places of residence.
2.
Failure by a party to
exercise a right under this EULA shall not constitute a waiver or forfeiture of
that right or any other right. If any provision of this EULA is unenforceable
or invalid to the extent of applicable law, this EULA shall not be unenforceable
or invalid as a whole. This unenforceable or invalid provision will be amended
or construed to maximize its objectives within applicable laws.
Article 12 | Contact AISHU
1.
If you have any
questions, comments, or suggestions about this EULA or have any complaints,
feel free to contact AISHU by:
1)
TEL: 400-880-1569
2)
EMAIL: aishu_it@aishu.cn
3)
ADDRESS: NO.50 Wantai Road, Minhang District, Shanghai, China