RongCloud Service TermsRongCloud Service Terms - Chinese
Welcome, and thank you for your interest in “RongCloud Internet Communication Cloud Service” (“RongCloud Service”) which is provided by Beijing Rong Cloud Network Technology Co., Ltd., its subsidiaries, and its affiliates (collectively, “RongCloud”). Please refer to the related documents and service descriptions via www.rongcloud.cn for the specific content of RongCloud Service. This service terms (“Terms”) shall be a part of the agreement(s) between you and RongCloud. Once you click “I have read and agreed” or start to use products/services provided by RongCloud, it means that you agree to abide by this Terms. If you do not accept this Terms, please do not install, use or register our services. RongCloud reserves the right to modify this Terms at any time, RongCloud will publish the updated version once being modified. If you do not agree with the modification, you are entitled to stop using the products/services provided by RongCloud. In this case, you should notify RongCloud to terminate the service, and RongCloud will settle the fee(s) with you in time (if any) .If you continue to use the service after the modification, it means that you have fully read, understood and accepted the modification, and you agreed to abide by the updated terms.
1. Account
1.1 In order to use the services under this Terms, you need to complete the corresponding registration process to obtain a RongCloud account. To get a RongCloud account, you will be required to enter your cell phone, fill in the verification code(s), set password(s), and fill in other necessary information such as the company name, email, and address, and so on. Please make sure to provide true and accurate information so that you can receive the notification messages from RongCloud in time. If there is any change in such registered information, please update it in time, you will be responsible for any losses, increased costs and other adverse consequences due to information you provided being incorrect, untrue, incomplete or not being updated in time and so on.
1.2 You undertake that you are a natural person, legal entity or other organization with full capacity for civil rights and full capacity for civil conducts, and that you shall be fully responsible for all operations and comments made with the account and password.
1.3 RongCloud allows a legal entity to own and operate multiple RongCloud accounts at the same time, but one RongCloud account can only be registered under one legal entity.
1.4 You shall take proper care of your RongCloud account(s) and password(s), and take necessary and effective confidential and security protection measures for your account(s), password(s) and other information. Only you can use your RongCloud account, and except for RongCloud consents to sign a tripartite agreement, your account shall not be transferred, granted, or inherited, lent, or leased to a third party.
1.5 If you are an enterprise developer and authorize your staff to manage your account, you should establish a sound internal management system by yourself, well controlled the authority management, and completed the account(s) handover and security protection in time in case of personnel changes. If you fail to take proper care of your account(s) or password(s) (including but not limited to disclosing your account(s) and password(s) and other registration information to a third party, sharing the same account(s) with others, installing illegal or unidentified programs, providing others with the equipment(s) that with your RongCloud account logged into and so on) and which results in the leakage or illegal use by others, you shall be responsible for the corresponding legal consequences.
1.6 If you find that your account(s) and password(s) are fraudulently used or stolen by others or any other situation without legal authorization, you should immediately notify RongCloud via the contact information published on its official website, request RongCloud to suspend the relevant services to you, and provide the necessary information (such as customer information, situation description, evidence and appeals, etc.). After receiving your valid notification and verifying your identity, RongCloud will process it in accordance with laws and regulations and service rules. If there is any flaw in the information provided by you which results in the fact that RongCloud failing to verify your identity or identify your needs and thus fails to deal with it in time, you should be responsible for the losses suffered thereunder. Meanwhile, you should understand that it will take a reasonable period for RongCloud to take action on your request, and RongCloud shall be irresponsible for the instructions that have been executed before RongCloud takes measures, also, RongCloud is irresponsible for any losses that have been incurred and the losses that caused by reasons not attributable to RongCloud after taking measures.
2. Service Content
2.1 The “products/services” under this Terms refers to the products displayed on www.rongcloud.cn (i.e. official website of RongCloud) and other products/services negotiated and selected by both parties, as well as the related technical and network support services. The specific products and services shall be subject to your subscription.
2.2 Relevant products/services may be provided by one legal entity of RongCloud, or jointly provided by multiple legal entities of RongCloud, or provided by RongCloud together with its partner(s) (including RongCloud only acts as a marketing channel and the partner(s) provides to you directly). The specific entity and the model of providing the specific products/services shall refer to the information displayed on the official website of RongCloud and order(s), or the RongCloud Service Terms (“Service Terms”) signed between RongCloud and you.
2.3 If the number of registered users in your RongCloud IM instant messaging service exceeds 100, you need to activate Flagship version / Premium version of RongCloud IM instant messaging service; if your RongCloud IM instant messages exceed 10 million per day, you will become a high-volume brand customer of RongCloud, then you need to deploy the proprietary cloud service to better meet your business needs, and RongCloud will arrange specifically assigned person to be responsible for the operation, maintenance and monitoring of the proprietary cloud service to ensure its security and stability.
2.4 If you are a foreign entity/or want to subscribe to overseas services, you need to activate Flagship version / Premium version of RongCloud IM instant messaging service overseas data center; if your RongCloud IM instant messages exceed 2 million per day, you become a high-volume brand customer of RongCloud, then you need to deploy the proprietary cloud service overseas data center, and RongCloud will arrange specifically-assigned person to be responsible for the operation, maintenance and monitoring of the proprietary cloud service to ensure its security and stability.
3. Service Price and Cost
3.1 Please refer to the product/price and document/price description on RongCloud’s website (see www.rongcloud.cn/pricing) or contact RongCloud’s personnel for details of the functions and price of the products/services.
3.2 RongCloud may promote special offers, such as “limited time free”, “limited time discount”, “limited discount”, “top-up discount” and “free service” within a certain period due to various reasons such as marketing activities, product promotion and other reasons (hereinafter called “Special Offers”). You understand and agree that:
(1) these Special Offers may be temporary, phased or limited in quantity, or may only apply to the customer(s) who meet certain conditions, you need to purchase and use the corresponding products/services in accordance with the corresponding rules;
(2) Since some Special Offers are based on your commitment to subscribe certain service time or volume, so if you cancel the corresponding subscription without justifiable reason, RongCloud has the right to restore the original billing price, or charge the handling fees for unsubscription or refund, cancel the Special Offers or require you to pay the discount amount from the Special Offer you have already enjoyed, or take other measures;
(3) Unless otherwise expressly agreed by the parties on the products/services you purchased, or you and RongCloud expressly otherwise agreed upon in writing, the different Special Offers cannot be applied simultaneously.
3.3 When you use RongCloud products/services, RongCloud has the right to charge you service fees in accordance to the corresponding service fee introduction, order or relevant agreement. The charging mode is pre-recharge, and you need to maintain sufficient available balance for accessing to RongCloud products /services. RongCloud has the right to set and adjust the service fees. The specific fees shall be subject to the service pricing announcement on the website (pricing page: www.rongcloud.cn/pricing) or other written agreement between you and RongCloud. If you fail to pay the service fee in time, RongCloud has the right to unilaterally terminate the provision of relevant products/services to you.
3.4 If the service you subscribed to is a self-service activation item, the service fee has been stated on your subscription page, you can choose the service type and make payments according to the displayed price. For other non-self-services billed services, you may need to contact RongCloud staff for quotation and activate the service for you. After logging into RongCloud platform, you can check your account information, submit order(s), activate or terminate service item(s), recharge and check your bill(s) through the developer management backstage. RongCloud will provide you with a bill according to the type of service you subscribed, and deduct the amount from your account balance automatically according to the bill in the backstage. The bill shall include the usage of your service and the corresponding fees, in which the usage of service will be charged automatically for the last 1(one) billing period (hours, days or months) according to the type of product/service. If you have any doubts about the bill, please contact RongCloud customer service to check the bill, the disputed parts (if any) will be adjusted in the following month, and such checking work is based on the data saved by RongCloud. If you do not raise any objection within 1 (one) month after the bill is sent, it is deemed that there is no objection to the bill.
3.5 You can top up your account(s) via Alipay, online banking or bank remittance, etc., and then subscribe to the specific products/services. Once the payment is made by you or your designated payer (including third-party payment channels, such as Alipay and WeChat), it is deemed that you have completed the payment, and if there is any problem due to the use of such third-party payment channel, you are obliged to cooperate with RongCloud to solve it together. Payment methods and other relevant rules are subject to the content displayed on the official website of RongCloud. You need to ensure that the owner’s name of the top-up bank account is identical to the owner’s name of your RongCloud account. If there is any inconsistency, please contact RongCloud customer service as soon as possible.
3.6 If you plan to stop using the subscribed products/services at a certain time, you should take actions such as shutting down the services/deleting applications to actively shut down the products/services, so that the services are no longer continue. In any case, the arrears do not mean that you no longer use the products/services.
3.7 You understand and agree that if both parties agree to continue the services after the expiration of the service term, you shall pay the renewal fee at least before the expiration of the service term. If the product(s) name, service or price is adjusted by RongCloud at the time of renewal, both parties agree to continue to provide the service according to the new product name, service and price valid at the time of renewal.
3.8 If you fail to recharge within 7 days after the arrears, you may use the paid services normally during such period (except for the volume-based real-time billing service and product /services provided by a third party); before you make full payment of arrears, RongCloud is entitled to terminate the provision of corresponding products/services (including technical support). Notwithstanding this agreement, if RongCloud has provided you with the products/services before receiving the full payment, you are obliged to pay all the service fees to RongCloud from the date on which RongCloud provided services.
3.9 RongCloud will issue invoices in accordance with applicable laws and regulations. Prior to issuing the invoice, please follow the invoice issuing process guidelines provided on the RongCloud website. Unless otherwise agreed, applications for invoice issuance that are approved before the 25th of each month will be issued in the same month, while those approved after the 25th will be issued in the following month. Generally, the invoiced amount shall not be refunded.
4. Your Rights and Obligations
4.1 Before using the products/services, you should carefully read and comply with the corresponding product/service explanations, technical specifications, usage procedures, operation documents and other contents displayed on the official website of RongCloud, and should accurately understand the relevant contents and possible consequences; In the process of using the products/services, you should operate in accordance with the relevant operating guidelines, and should bear the consequences caused by your violation of such guidelines.
4.2 You should establish and improve the internal security system of information release, information security and confidentiality system, user information security management system, information security responsibility system and information release approval system, and strictly review the information released by yourself and your users through the services provided by RongCloud within the scope of laws and regulations to ensure that such information does not violate laws and regulations.
4.3 You shall ensure that your users voluntarily accept the relevant services provided by you, and you shall be fully liable for your end-users' actions such as sending messages, etc. If your behavior(s) causes losses to RongCloud and its partner(s), you should bear the corresponding legal responsibilities.
4.4 You should respect the intellectual properties and other legal rights of RongCloud and other third parties, and shall not modify, translate, publish, adapt, rent, sub-license or transmit or transfer the products/services provided by RongCloud and its partners in any forms, or modify, re-create, decompile or reverse engineer the SDK provided and authorized by RongCloud, or make other attempts to extract the source code and perform any alleged infringement of intellectual properties, unless RongCloud grants you the explicit written authorization. RongCloud reserves the right to terminate the services and make legal claims against you when you violate its legal rights.
4.5 Any other commercial software(s) and services that you developed and officially release which derive from the products/services of RongCloud and its partners shall obtain authorization from RongCloud, and RongCloud has the right to terminate the operation of such unauthorized derivative commercial software and services and claim compensation from you, and reserves the right to recover all benefits gained from the sale of the aforementioned commercial software and services. Downloading, installing and using unauthorized derivative commercial software and services may lead to unpredictable risks, and all legal responsibilities and disputes arising therefrom have nothing to do with RongCloud.
4.6 You guarantee to abide by laws and regulations, industry practices and social morality when using RongCloud products/ services. And ensure that you and your users will not use RongCloud products / services to store, release and disseminate the following information, nor do or facilitate the following:
(1) Opposing the basic principles established by the Constitution;
(2) Endangering national security, revealing state secrets, subverting state power, and undermining national unity;
(3) Political propaganda or news information that violates state regulations and damages national honor and interests;
(4) Advocating terrorism, extremism or inciting terrorist or extremist activities;
(5) Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
(6) Undermining national religious policies and promoting evil cults and feudal superstitions;
(7) Spreading feudal superstition or obscenity, pornography, gambling, violence, murder, and terror or abetting crime;
(8) Insulting or defaming others, infringing on the reputation, privacy and other legitimate rights and interests of others or other information or content that is detrimental to social order, social security or public morality;
(9) Taking any acts that undermine or attempt to undermine network security, including but not limited to malicious scanning of websites and servers, illegal intrusion into the system, illegal access to data, etc., by means of viruses, Trojan horses, malicious code, entrapment or other ways.;
(10) Taking any act of changing or attempting to change the system configuration provided by RongCloud products/services or undermining system security; using technical or other means to damage or disturb the operation of RongCloud products/services or the usage of RongCloud products/services by others; interfering or attempting to interfere with the normal operation of any product(s) or any part or function of RongCloud products/services in any way, or making, releasing or spreading the above tools or methods and other acts that undermine the Internet order and security;
(11) Engaging in business and other criminal activities prohibited by relevant national laws and regulations, including but not limited to engaging in virtual currency trading, obscene pornography and gambling websites in mainland China (including providing corresponding services to users in mainland China), engaging in money transfer services such as payment and foreign currency exchange without the permission of relevant institutions, telecommunication fraud, network fraud, and any other illegal business, or using the services of RongCloud to provide support or facilitate the above illegal business;
(12) Other behaviors are prohibited by laws and administrative regulations.
4.7 You should establish and improve the monitoring and handling mechanism for illegal information. If you find the information that is prohibited from being released or transmitted by laws or administrative regulations, you should immediately stop the transmission of the information, take measures such as erasure, preventing the spread of information, keeping the relevant records, and reporting to the telecommunications authority. The report shall be handled according to the requirements of the telecommunications authority. Once RongCloud finds that you have the aforementioned behaviors, RongCloud is entitled to immediately terminate providing you with services and report to relevant authorities. If you intentionally conceal the aforementioned business that you are involved and cause RongCloud to be inquired by the relevant authorities, you should assist in explaining the situation to the relevant departments and assume the responsibility for breach of contract to RongCloud.
4.8 You guarantee that you have all the qualifications required to use the products/services provided by RongCloud, and that the products and services provided by you do not infringe on the legal rights and interests of any third party, otherwise RongCloud and its partners will terminate the provision of products/services, and you should bear all legal responsibilities arising therefrom.
4.9 If your activities using the products/services provided by RongCloud require the permission or approval of the relevant state departments, you shall obtain the relevant permission or approval in a timely manner. Including but not limited to:
(1) If you have established more than one website, you must ensure that all the websites established have obtained the permission or approval of the relevant state departments;
(2) If your website or mobile Internet application (hereinafter referred to as APP) provides non-commercial Internet information services, you must handle the filing of non-commercial websites, ensure that all the filing information submitted is true and valid, and submit updated information in the filing system in a timely manner when the filing information changes;
(3) If your website provides commercial Internet information services, you shall also obtain a commercial website license from the local communication administration department by yourself;
(4) If your website or app needs to be filed on the national Internet security management service platform, it shall complete the corresponding filing in accordance with the provisions of the public security organ, and if you provide Internet interaction services, the services shall meet the mandatory standards for Internet interaction services (GA1277);
(5) If you operate an Internet game website, you shall obtain a network culture business license according to law;
(6) If you operate Internet audio and video websites, you shall obtain a license for information network dissemination of audio-visual programs according to law;
(7) If you engage in Internet information services such as news, publishing, education, medical care, drugs and medical devices, you shall be examined and approved by the relevant competent authorities in accordance with laws, administrative regulations and relevant provisions of the State, and shall be examined and approved by the relevant competent authorities in accordance with the law before applying for business licenses or fulfilling the filing procedures. You understand and accept that the above list does not cover all the types of business or non-business activities that you need to obtain permission or approval from the relevant state departments: When engaging in corresponding activities, you shall comply with the requirements of relevant laws and regulations promulgated by the state and local governments from time to time.
4.10 You and RongCloud are obliged to abide by the laws and regulations of the People's Republic of China and other applicable decrees and regulatory policies, and consciously maintain network security and network order.
4.11 You understand that in order to protect the network ecology and network security and maintain a good order of network transactions, you and RongCloud have the obligation to abide by national laws, regulations and policies. For this reason, RongCloud has the right to formulate corresponding account agreements, network platform rules, service specifications and other corresponding RongCloud rules, set up RongCloud reporting platforms to accept complaints and reports, and take corresponding restrictions and disposal measures for accounts that violate laws, regulations, policy norms and RongCloud rules.
4.12 If you choose to use services outside the mainland China, you should ensure that you comply with the requirements of the laws, regulations and policies of mainland China, and also ensure that your qualification, ability and use behaviors are in line with the requirements of local laws, regulations and policies.
5. RongCloud’s Rights and Obligations
5.1 RongCloud will provide you with services according to the service you choose and the payment you make.
5.2 RongCloud is entitled to verify and decide whether to accept you as a developer. If you are verified and become a developer of RongCloud, it does not mean that RongCloud shall bear any legal responsibility for your actions.
5.3 For the information released by your end users using the communication channel of RongCloud, RongCloud reserve the right to filter the information of its communication by key words according to the relevant laws and regulations, and if we find that you or your products or services might violate laws and regulations, social morality or situations agreed in this service terms, RongCloud has the right to take one or several of the following measures at any time:
(1) Taking actions, including but not limited to discouraging, intercepting, and reporting to relevant authorities;
(2) Requiring you to immediately delete or modify the relevant content;
(3) Restricting or suspending the provision of all or part of the RongCloud services (including but not limited to restricting the operation /freezing your account);
(4) Terminating the provision of services to you and terminating the agreement; If RongCloud takes corresponding measures according to this Terms (including but not limited to suspension of services, deduction of fees, termination of the agreement, etc.), it will not be deemed as a breach of contract by RongCloud. You should bear the responsibility and consequences arising from your violation of this Term (including but not limited to suspension of business, data emptying, etc.) and compensate for any loss caused to RongCloud or its partners.
5.4 If your application misuses system resources, including but not limited to abnormal frequency and numerous calls to interface due to the defects in your program logic or design flaws or your system being attacked, which results in unreasonable consumption of system resources or deviating from the normal service mode and sending numerous messages or connecting to the server continuously, etc., RongCloud reserves the right to forcibly terminate services and freeze your account.
5.5 RongCloud reserves the right to force you to update your application and terminate providing service to customers using the old version of RongCloud SDK due to system or service upgrades. However, RongCloud will notify you one month in advance by sending the internal letter through its developer backstage, and ensure that the upgrades will not affect your use of existing SDK services.
5.6 If the specific service you purchased contains a storage function, after the expiration or termination of the service, we will store the data for a certain period according to the service rules. You should bear the fees incurred during the retention period (if any) and settle the fees and migrate all data on time. After the expiration of the retention period, the corresponding information will be deleted. If you fail to migrate all the data, you should bear the consequences arising therefrom by yourself.
5.7 Although RongCloud cannot guarantee the absolute security of the information held by us, RongCloud will provide security measures based on existing technology in accordance with the laws and regulations to ensure the information held by RongCloud will not be lost, abused or forged. These security measures include data backup and encryption.
5.8 You and RongCloud shall each take security measures for their network connections, business systems and computer systems to prevent security loophole risks and jointly prevent network security incidents. When a network security incident occurs, both parties shall assume responsibility within their respective security responsibilities. If you need to enhance security measures, you can purchase and use security products and services provided by RongCloud separately according to your own needs. You understand that the use of security protection products and services is a necessary measure to improve the security of computer information systems and equipment, but RongCloud cannot guarantee that you can absolutely guarantee your business security by using RongCloud's security protection products and services.
5.9 If the fees or channel service codes change due to the adjustment of national policies or the business adjustment of telecommunications operators, RongCloud and its partners will provide corresponding services to users in accordance with the new adjusted policies.
5.10 You understand and agree that if there is arrears in your account, you shall pay the relevant fees in time as agreed; When there is an unused cash balance in your account, the balance will be used to offset the arrears in priority.
5.11 RongCloud shall formulate contingency plan for network security incidents in accordance with the requirements of laws and regulations, and deal with security risks such as system vulnerabilities, computer viruses, network attacks and network intrusions of relevant business systems and computer systems on which RongCloud services and the services rely in a timely manner; In the event of an incident endangering network security, the contingency plan shall be initiated immediately and corresponding remedial measures shall be taken..
5.12 RongCloud shall, in accordance with the relevant provisions, establish a mechanism for monitoring, identifying and dealing with the use of RongCloud services to engage in fraud activities involving telecommunications networks and acts of support and assistance. If RongCloud finds clues and risk information of fraud related crimes, we would transfer them to the relevant departments in accordance with the relevant provisions, and provide technical support and assistance for the relevant departments to obtain evidence in handling telecommunications network fraud cases according to law.
5.13 You understand and agree that if your website or app fails to file in accordance with the provisions or the services provided fail to meet the mandatory standards for Internet interactive services (GA1277), RongCloud has the right to stop providing services/products to you.
6. Privacy Policy and Data Compliance
6.1 We understand how important your trust is, and we take the security of users’ information seriously. We'll make sure to protect it according to legal requirements. For more details, please see the "RongCloud Privacy Policy".
6.2 We won't access or use your business data generated by using RongCloud services ("Your Business Data") unless it's required by law and regulations or agreed upon by both parties. You should take reasonable measures to ensure the security and compliance of your business data.
6.3 It's your responsibility to ensure the legality of the source, content, and processing of your business data. You should obtain the necessary personal consent or government license, filing or evaluation required for processing such data in accordance with the law, and ensure that RongCloud's relevant data and personal information processing instructions have legal basis. You'll be held responsible for any consequences resulting from the violation of laws, regulations, or national policies in the source, content, and processing activities of your business data.
7. Confidentiality Clause
7.1 The term Confidential Information referred under this Terms means the business secrets (including financial secrets), technical secrets, business know-how and/or other information and materials (including but not limited to product information, product plan, price, financial and marketing plan, business strategy, customer information, customer data, research and development, software and hardware, API application data interfaces, technical description, design, special formula, special algorithm, etc.) obtained or known by one party (“the Receiving Party”) from the other party (“the Disclosing Party”) or generated due to the performance of the terms, regardless of the form or carrier of the above information and materials, and regardless of whether the Disclosing Party indicates its confidentiality orally, graphically or in writing.
7.2 The Parties shall take proper measures to preserve the Confidential Information provided by the other Party with a degree of care no less than that which they would exercise in protecting their own Confidential Information. The Parties can only use the Confidential Information for the purposes set forth in this Terms.
7.3 The Parties promise that the Confidential Information shall be known only to the person in charge and employees of each party engaged in such business and that employees contact the above stated confidential information shall be required to strictly comply with the confidentiality obligation of this Terms.
7.4 The foregoing limitations shall not apply to the following circumstances:
(1) The Confidential Information is legally owned by the Receiving Party at or before the time of signing this Terms;
(2) The Confidential Information has already been made public or available in public at the time of notification to the Receiving Party;
(3) The Confidential Information is obtained from a third party with whom it has no obligation of confidentiality or non-disclosure;
(4) The Confidential Information has already been made public or available in public on the premise of not violating this Terms;
(5) The Confidential Information was independently developed by the Receiving Party or its affiliates or subsidiaries;
(6) The Receiving Party discloses the Confidential Information at the request of the court or other legal or administrative authority (through oral questioning, interrogation, request for information or documents, subpoena, civil or criminal investigation or other proceedings);
(7) In order to apply to administrative departments and industry associations and other institutions for a certain business qualification, obtain certain accreditation (including applying for national or industry standards/certification), the Receiving Party may need to submit materials or explain to the aforementioned institutions in light of the other party’s information. In such case, the Receiving Party shall adhere to the principle of minimum disclosure where necessary and require the institution that has obtained the Confidential Information to keep such information confidential at a standard not lower than this Terms.
7.5 Without disclosing your Confidential Information, RongCloud may take your use of RongCloud products/services as an example or successful case for the publicity and promotion of itself and/or its business, and in such publicity and promotion RongCloud has the right to use your name, corporate mark, related logos worldwide free of charge, RongCloud will not use such information without your written permission except for the aforesaid situation.
7.6 The Parties expressly acknowledge that once the above-mentioned Confidential Information disclosed or being leaked, they shall take all reasonable measures to avoid or mitigate the damage. If the Receiving Party breaches its confidentiality obligations and causes damage to the Disclosing Party, the Receiving Party shall compensate the Disclosing Party for the direct economic loss caused thereunder.
8. Export Control
You understand and agree to comply with the export control laws and regulations of the United Nations, China, the United States and other countries to which this Terms apply. You promise that:
(1) You and other individuals or entities you authorize to use RongCloud products/services will not provide entities or individuals prohibited by applicable export control laws and regulations with controlled technology, software or services through RongCloud products/services except with the permission of relevant competent authorities;
(2) You will not use the RongCloud products/services to disrupt international peace and security, including not using it to design, develop, produce, store or use in any way nuclear power, biochemical weapons, ballistic missiles, and other weapons of mass destruction, or to transport the aforementioned similar weapons, or in activities that support the aforementioned similar weapons, or for purposes prohibited by any applicable export control laws and regulations.
9. Extent and Limitation of Liability
9.1 RongCloud shall not assume any legal responsibility in the event of any of the following circumstances:
(1) The personal information of your users is leaked due to your improper use;
(2) The losses caused due to you or your users’ improper operator, or failure of communication lines, system, hardware, network or computer caused by a third party (such as operator) or technical problems, or system instability and other reasons;
(3) The risks that your end user(s) use RongCloud’s products/services caused others to anonymously or impersonate post message that contains threatening, defamatory, objectionable or illegal content;
(4) Other circumstances that are not due to the fault of RongCloud, or that cannot be controlled or reasonably foreseen by RongCloud.
9.2 You understand and agree that RongCloud's products/services are provided on the basis of existing technology and conditions, and RongCloud will do its best to ensure the continuity and security of services, but cannot guarantee that the services are flawless, uninterrupted, timely or error-free. If the service provided by RongCloud has the above-mentioned problems which cannot be avoided by the technology of the industry at that time, RongCloud shall not bear any responsibility, and both parties shall cooperate in a friendly way to solve the problems.
9.3 You understand and agree that, to provide you with better services, RongCloud has the right to regularly or irregularly overhaul, maintain, update and optimize the service platform or related equipment, system, software, etc. (collectively called “Routine Maintenance”). If RongCloud products /services are interrupted or suspended within a reasonable due to routine maintenance, RongCloud shall not be liable to you for this. Notwithstanding, RongCloud promise that will inform you of the routine maintenance at least 24 hours in advance.
9.4 You understand and agree that, to ensure the security and stability of services, RongCloud may make major adjustments such as server room relocation, equipment replacement, etc. The aforementioned situation may lead to interruption or suspension of RongCloud products/services within a reasonable period, and it is not necessary for RongCloud shall not be liable for such situations. However, RongCloud will notify you 30 days in advance, and you shall cooperate; if you do not cooperate with the adjustment, or if RongCloud is unable to contact you, you shall be responsible for the consequences arising therefrom.
9.5 You understand and agree that RongCloud may assign some or all of its rights and obligations under the Terms to other third-party partners. The Parties agree to sign all reasonable and necessary documents and take all reasonable and necessary measures to make the Terms effective. The partner of RongCloud products / services shall be responsible for the quality and contents of the services it provides.
9.6 To the extent permitted by law, RongCloud shall not be liable for any indirect, punitive, special, or consequential damages (including loss of business, loss of revenue, loss of profits, or loss of other economic benefits) arising out of or in connection with this Terms.
9.7 RongCloud will inform you of the progress of the service and prompt you for the next step via backstage mail, email, and official webpage prompt, and you should log in to the website to check and take relevant operations in time. RongCloud shall not be responsible for any dispute or loss caused by your failure to check the service status in time, or submit the relevant application, or modify and confirm the service status in time.
9.8 You shall understand and agree that, during your free trial (use) of the products/services or within the free products/services quota, although RongCloud will provide support for the availability and reliability of products/services, RongCloud will not make any commitment for the availability and reliability of any products/services, or be liable for any negative consequence on the work or results of your usege of or unable to use RongCloud products/services.
10. Intellectual Property
10.1 The intellectual property of any information, technology or technical support, software, services, etc. provided by one party to the other under this Terms belong to the providing party or its legal right holder. Unless expressly agreed by the providing party or its legal right holder, the other party has no right to copy, disseminate, transfer, license or provide others to use the above knowledge achievements, otherwise it shall bear corresponding responsibilities.
10.2 You guarantee that the information provided to RongCloud, the use of RongCloud products/services, and the corresponding results generated from the use of RongCloud products/services will not infringe upon the legitimate rights and interests of any third party. If any third party files any complaint, claim, lawsuit or other types of claim to RongCloud regarding the information and data you have provided, uploaded or used, or your behavior and work results, you understand and confirm that you shall settle it immediately, and compensate RongCloud for all direct economic losses suffered as a result, including but not limited to litigation/arbitration fees, attorney's fees, investigation and evidence collection fees, appraisal fees, travel fees and other costs, compensation and expenses, etc.
10.3 If a third-party entity or individual questions or complains the intellectual property of RongCloud products/services, you should inform RongCloud in time and RongCloud will deal with it. If third party entities or individuals question or complain about the ownership of intellectual property of the relevant materials involved in your use of RongCloud products/services, you should promptly inform RongCloud and cooperate with RongCloud to deal with it.
11. Force majeure
11.1 Force majeure refers to an event beyond the reasonable control of the parties, unforeseeable or unavoidable if foreseen, which prevents, affects or delays the performance of all or part of the obligations set forth in this Terms by either party. In view of the special nature of the Internet, force majeure under this Terms also includes but is not limited to the following circumstances that affect the normal operation of the Internet:
(1) Hacker attack;
(2) Significant impact due to technical adjustments in the telecommunications sector;
(3) Temporary closure due to government control;
(4) Virus attack;
(5) Damage to the public network or electric main lines;
(6) Paralysis and delays in the basic communication network caused by telecommunication operators;
(7) Any other similar events.
11.2 The party who suffers force majeure shall not be liable if it is impossible, unnecessary or meaningless to perform the Terms due to the force majeure. The Parties shall promptly take reasonable measures to limit the effects of force majeure on either Party.
12. Application of Law and Dispute Resolution
12.1 The validity, interpretation, alteration, execution and dispute resolution of this Terms shall be governed by the laws of the People's Republic of China.
12.2 Disputes arising from this Terms shall be settled through friendly negotiation first. If the negotiation fails, they shall be settled in accordance with the laws of the People's Republic of China and submitted to the Beijing Arbitration Commission for arbitration, and the arbitration award shall be final and binding on both parties.
12.3 You may send comments or suggestions regarding any part of the services hereunder or any part of this Terms to RongCloud via email (support@rongcloud.cn). If your contact email changes, you should inform RongCloud of the change within seven days via email after the change occurs. The contact information will be changed from the next working day of RongCloud when the email is sent. If you fail to notify in time as agreed, you shall be liable for the loss caused.
12.4 Both parties will determine the date on which notice is deemed to be served as agreed below:
(1) If delivered in person, the date of receiving by the recipient shall be deemed as the delivery date;
(2) If sent by fax, the time shown on the delivery confirmation printed out by the sender shall be the delivery date;
(3) If sent by express mail service, if within the city, the 5th day after it is sent shall be deemed as the delivery date; if to other areas of the country, the 10th day after it is sent shall be deemed as the delivery date; if to Hong Kong, Macao and Taiwan, the 15th day after it is sent shall be deemed as the delivery date; if to foreign countries or regions, the 20th day after it is sent shall be deemed as the delivery date;
13. Others
13.1 If any provision of this Terms is invalid or unenforceable in whole or in part for any reason, the remaining provisions shall remain valid and binding.
13.2 The confidentiality clause, the intellectual property clause, the application of law and the dispute resolution clause under this Terms shall not be invalidated when the termination of this Terms.
13.3 If there are other executed agreement(s) between parties, and if there is any inconsistency between the agreement(s) and the terms and conditions confirmed on the web page, the former shall prevail.
13.4 RongCloud reserves the right to interpret this Terms.