Privacy Terms Agreement of [A plus members] Platform

Party A: Shanghai Tongni Aohua Enterprise Management Co., Ltd. (hereinafter referred to as “Our Company/We”)

Party B: User of [A plus members] Platform/Service Account (hereinafter referred to as “You/User”)

  1. Special Notice

1.1 This Agreement is a contract entered into between You and Our Company regarding your use of the information services provided by the [A plus members] Platform (including PC, mobile, service account and other versions). The legal statements, privacy policies, pricing standards, platform rules and other documents published on the Platform shall constitute supplementary contents of this Agreement and shall have the same legal effect as this Agreement.

1.2 Your completion of the registration process shall be deemed to mean that you have fully read, understood and agreed to all the terms of this Agreement. If you do not agree, you shall immediately cease the registration process.

1.3 Our Company reserves the right to update the terms of this Agreement by means of platform announcements, short messages, emails and other channels in accordance with applicable laws, regulations and operational needs. Your continued use of the Platform services shall be deemed to mean that you accept the updated contents; if you do not agree, you may stop using the services.

1.4 Please pay special attention to the clauses that exempt/limit Our Company’s liabilities, restrict Users’ rights, stipulate dispute resolution and governing law. Persons without full capacity for civil conduct shall read this Agreement in the presence of their guardians.

  1. Service Content

2.1 The Platform provides information matching and technical support for You and service institutions/merchants, displays the information of service institutions/merchants, transmits your service needs to them, and facilitates the conclusion of service agreements between both parties.

2.2 The Platform acts solely as an intermediary information platform and shall not be liable for any disputes or losses arising during the service process. The relevant liabilities shall be borne independently by You and the service institutions/merchants.

2.3 Invoices for service fees shall be issued by the service-providing institutions/merchants.

2.4 The Platform currently provides its programs and services free of charge, and Our Company reserves the right to charge fees for such services in the future. If a charging mechanism is implemented, a prior announcement will be made, and you may choose to continue using the services or terminate this Agreement; if you refuse to pay the fees, Our Company reserves the right to suspend the provision of paid services.

2.5 You shall be responsible for the equipment (such as computers and mobile phones) required for using the services and third-party fees (such as internet fees and phone bills).

  1. Intellectual Property Rights Statement

3.1 All intellectual property rights (including copyrights, trademarks, patents, trade secrets, etc.) and information content (including text, icons, charts, interface designs, data, etc.) of the Platform are protected by Chinese and relevant international intellectual property laws and regulations. Except for content authorized by third parties, Our Company has obtained the relevant rights to the Platform’s intellectual property and content.

3.2 Without the prior written consent of Our Company, you shall not use, transfer or license others to use the Platform’s intellectual property rights for commercial or non-commercial purposes. Our Company reserves the right to pursue legal liability for any infringement.

  1. Service Modification, Suspension or Termination

4.1 Our Company shall not be liable for service interruptions caused by uncontrollable factors such as Platform system maintenance, network instability, technical restrictions, government regulations, or virus attacks, except in special circumstances where a prior notice shall be given.

4.2 Our Company reserves the right to suspend or terminate the provision of all or part of the services at any time without liability if any of the following circumstances occurs:

  • The personal information provided by you is untrue;
  • You violate the usage rules of this Agreement;
  • You fail to pay the fees corresponding to the paid services;
  • Your conduct violates applicable laws, regulations or government provisions.

4.3 If your use of the account or operation on the Platform violates the law or infringes upon the legitimate rights and interests of third parties, you shall bear all legal liabilities independently; Our Company reserves the right to block your account, stop providing services, and may provide relevant information to the competent authorities as required. If any loss is caused to Our Company, you shall be liable for compensation.

  1. Usage Rules

5.1 Upon successful registration, you will obtain the right to use the account (the ownership of which shall belong to Our Company). The account is limited to personal use by you and shall not be gifted, lent, transferred or sold. You shall properly keep your account password and be responsible for all operations conducted under your account. Account information may be shared and used across the [A plus members] Platform and its affiliated cooperative platforms.

5.2 If your account is used illegally, you shall immediately notify Our Company. Any losses caused by your negligence in account custody or hacker attacks shall be borne by you; if any loss is caused to Our Company, you shall be liable for compensation.

5.3 Our Company reserves the right to place commercial advertisements and send promotional information during the provision of services. We shall not be responsible for the truthfulness or accuracy of the advertisement content, and you shall make your own judgment.

5.4 When using the services, you shall comply with the following principles:

  • Comply with Chinese laws, regulations and relevant internet service agreements and procedures;
  • Do not use the services for illegal purposes or infringe upon the commercial interests of Our Company (e.g., publishing unauthorized advertisements);
  • Do not conduct any activities that affect the normal operation of the internet/mobile network;
  • Do not upload or disseminate false, harassing, insulting, obscene or other illegal information;
  • Do not infringe upon the intellectual property rights, reputation rights or other legitimate rights and interests of third parties;
  • Do not conduct any activities that are detrimental to Our Company.

5.5 Any statements, notices, warnings and other documents issued by Our Company for specific services shall constitute part of this Agreement. Your use of such services shall be deemed to mean that you agree to the relevant contents.

5.6 Our Company reserves the right to review and supervise your use of the services (including stored content) in accordance with the privacy policy and information protection clauses. If you violate this Agreement, Our Company may take measures such as requiring corrections, deleting content, suspending or terminating services. You shall independently bear the liabilities to third parties arising from your violation of the Agreement.

  1. Authorization and License

6.1 Subject to your compliance with this Agreement, Our Company grants you a limited, non-exclusive and non-transferable license to download and install one copy of the application program on your own/controllable mobile device for personal use only.

6.2 You shall not engage in any of the following activities:

  • License, sell, transfer or distribute the services or application program, or conduct commercial development thereof;
  • Modify the application program or create derivative products;
  • Establish links to, mirror or replicate the application program;
  • Reverse engineer, copy the design, functions, graphics or other elements of the application program;
  • Launch automated programs or scripts that excessively occupy server resources or hinder the operation of the Platform.

6.3 You shall not engage in any of the following activities:

  • Send spam emails or illegal information;
  • Store or disseminate infringing, obscene, threatening or other illegal materials;
  • Upload viruses, Trojan horses or other harmful programs;
  • Interfere with the integrity or performance of the Platform and its data;
  • Access the Platform’s systems or networks without authorization.

6.4 Our Company reserves the right to investigate and prosecute any illegal activities and may assist law enforcement authorities in handling such cases. Our Company may delete or restrict access to any illegal content at any time without prior notice.

  1. Privacy Protection

7.1 Protecting Users’ privacy is a basic policy of Our Company. Except in the following circumstances, Our Company shall not disclose to the public or provide to non-affiliated third parties the registered data or non-public stored content of individual Users:

  • Obtaining your explicit authorization;
  • Complying with the requirements of laws, regulations or government authorities;
  • Safeguarding public interests;
  • Protecting the legitimate rights and interests of Our Company.

7.2 If a third party/affiliated enterprise agrees to assume the same privacy protection obligations, Our Company may provide your registered data to it for the purpose of cooperating in providing services.

7.3 Without disclosing the privacy of individual Users, Our Company reserves the right to conduct overall analysis and legitimate commercial utilization of the user database.

7.4 The privacy policy published on the Platform shall be an effective part of this Agreement. You agree that Our Company may update the privacy policy from time to time and accept the updated contents.

  1. Disclaimer

8.1 You shall bear all risks arising from your use of the Platform services. Our Company shall not be liable for any consequences resulting from the use of the services.

8.2 Our Company makes no warranty regarding the timeliness, security or accuracy of the services, and shall not be liable for any direct, indirect, incidental or other damages arising from the use or inability to use the services.

8.3 Our Company shall not be liable for any losses caused by quality defects of products/services provided free of charge, gifted or attached by Our Company.

8.4 The functions of the Platform are subject to the constraints of Chinese laws and regulations. If there is any conflict with local regulations, the local regulations shall prevail. You shall bear all consequences of your illegal activities, and Our Company may provide relevant evidence as required.

8.5 You shall anticipate the potential security risks of using the services. Any security disputes or accidents arising from the use of the services shall be resolved through negotiation between the relevant parties; Our Company may provide evidence as required.

8.6 Any disputes arising from loss of items, personal/property damage, misunderstanding or other issues during the service process shall be resolved through negotiation between You and the relevant parties, and Our Company shall not be liable.

8.7 The third-party electronic payment services on the Platform are subject to the terms and conditions of the payment service providers and card-issuing banks. Our Company shall not be liable for any errors occurring during the payment process; we will obtain and use transaction details in strict accordance with applicable regulations.

  1. Indemnification

You agree to indemnify Our Company against any claims, expenses, losses, litigation costs and other liabilities arising from the following matters:

  • Your violation of the terms of this Agreement or applicable laws and regulations;
  • Your infringement upon the rights of third parties, or your abuse or illegal use of the Platform services/application program.
  1. Amendment of Agreement

Our Company reserves the right to amend the terms of this Agreement at any time. The amended contents shall be published in advance on the Platform, and the publication shall be deemed as notice to you.

  1. Force Majeure

Service institutions/merchants shall not be liable for any damages caused by force majeure factors such as information network infrastructure failures, equipment maintenance, power outages, strikes, natural disasters, wars, and government actions.

  1. Service of Notices

12.1 Notices from Our Company to you may be served by means of webpage announcements, emails, short messages, letters, etc., and shall be deemed as served on the date of sending.

12.2 For you to serve information/documents to Our Company, you shall use the communication address, fax number, email address and other channels publicly announced by Our Company, and the date of actual receipt by Our Company shall be deemed as the date of service.

  1. Governing Law

13.1 The conclusion, performance, interpretation and dispute resolution of this Agreement shall all be governed by the laws of China and be subject to the jurisdiction of Chinese courts.

13.2 Any dispute arising from this Agreement shall be resolved through friendly negotiation between the two parties; if negotiation fails, either party may file a lawsuit with the people’s court at the place where the defendant is located.

The final interpretation right of this Agreement shall belong to the [A plus members] Platform.