Commodity Service Agreement
Welcome to use [Mobile number online status query].
This [Service] End User Agreement ("Agreement") is a legal agreement between you ("User") and [Xiamen Changchang Technology Co., Ltd.] ("Service Provider") on the service provider's provision of [Mobile Number Online Status Query] ("This [Service]") for you.
1、 Effectiveness of the Agreement
1. The agreement shall come into force upon confirmation by the user: the service provider shall provide the online version of this agreement. When purchasing this [service], the user shall read this agreement carefully and keep this agreement checked before entering into the next purchase process. Once the agreement is confirmed by the user, it has the effect of contract and has legal binding force on the service provider and the user.
2. Effective for users: users can use the [Service] through [SaaS] or other ways. The service chamber will provide the online version of this agreement for users to read at the corresponding link. Once the user uses the [Service] in any of the above ways, it means that the user has agreed to accept all the terms of this Agreement. If the user does not accept the terms of this agreement, please do not use this [Service].
2、 Definition
[Mobile number online status query] refers to [the service provider provides users with mobile number online status query service].
3、 Use License
1. This [service] is protected by copyright law, international copyright treaties and other relevant intellectual property laws, regulations and treaties. This software product | service is an authorized user license, not for sale.
2. The [ownership] of this [service] belongs to [Xiamen Changchang Technology Co., Ltd.].
3. According to the agreement in this agreement, the service provider grants the user a non exclusive, non transferable license to use this [Service]. Users shall not resell or otherwise transfer the use license rights for commercial benefits.
4、 Fees:
1. The service provider agrees to provide users with the use license of this [service] for free at present. However, the free service shall not be deemed as a waiver of the right of the service provider to start charging at a certain time in the future. In the future, if the service provider charges the user a license fee for this [service], it will explicitly inform the user through relevant websites, purchase links, etc.
2. The user must pay all fees according to the price system of the [Service] when using the [Service]. The service provider reserves the right not to provide service and/or technical support to the user, or terminate the service and/or technical support until the user has paid all the fees as agreed.
3. If the name, specification or price of the [Service] has been adjusted when the user renews the [Service], the user agrees to perform according to the new name, specification or price of the [Service] that is then valid; If the user disagrees with the name, specification or price of the new [Service], it may not be renewed, and this [Service] will automatically terminate upon expiration.
5、 Rights and obligations of users
1. The user guarantees that his/her use of this [Service] conforms to the provisions of national laws and regulations, is legal and true, and does not infringe the legitimate rights and interests of any third party.
2. The user shall pay the fees (if any) of the [Service] on time and in full, otherwise the service provider reserves the right to terminate the user's use of the [Service] at any time, and the user shall bear full responsibility for the possible damage caused by the service provider's termination of the [Service].
3. The user guarantees that the user shall not reverse engineer, decompile or disassemble this [service] except for activities expressly permitted by law.
4. The user understands and agrees that,
(1) Due to the limitations of the existing technology, the [service] provided by the service provider may have defects, which cannot guarantee the normal implementation or the expected results of users under any circumstances.
(2) For any damage caused by the user's use of the [Service], the user agrees that the maximum compensation limit of the service provider is [100 yuan].
6、 Rights and obligations of service providers
1. The service provider guarantees that it has the legal right to provide the user with the use license of the [Service] and guarantee the legality of its copyright.
2. The service provider promises that its act of providing this [service] to users does not infringe the legitimate rights and interests of any third party, including but not limited to the intellectual property rights of the third party. If the user suffers from any legal action or administrative procedure initiated by any third party ("infringement allegation") due to its behavior, the service provider shall bear its legal liability and consequences.
3. The service provider is responsible for upgrading, maintaining and managing this [service] in a timely manner, and providing free consultation and technical support services to users through customer service telephone, online customer service and other ways.
4. The service provider promises to ensure the stability and continuity of the [service] it provides to users. If the user's license to use the [Service] needs to be terminated in advance due to the service provider, the service provider shall perform the corresponding refund obligation (if any) to the user. In case of any loss caused to the user, the service provider shall bear full compensation liability.
5. The service provider promises that the [service] it provides to users does not include:
(1) Any virus, camouflage program, computer worm, timing program bomb or other computer programs that deliberately destroy, maliciously interfere with, secretly intercept or occupy any system, data or personal data;
(2) Any known vulnerabilities, backdoors, malware;
(3) Other unsafe contents that may damage the system security of users.
6. Limitation of liability: to the maximum extent permitted by applicable laws, the service provider will not be responsible for any indirect, accidental, direct, special Punitive or any other damages (including but not limited to damage caused by personal injury or property damage, damage caused by loss of profits, data loss, business interruption, computer paralysis or failure, loss of business information, damage caused by privacy disclosure due to failure to perform any responsibility, including good faith or considerable care, damage caused by negligence, or damage caused by any money Loss or any other loss), even if the service provider has been informed in advance of the possibility of such damage.
7、 Use and disclosure of user data
1. For the purpose of serving users, service providers may provide services to users by using user data, including but not limited to sending product and service information to users.
2. The user shall ensure that the data content is only used in the user's own company's self operating projects (excluding subsidiaries, branches, investment companies, intermodal projects, etc.), and shall not disclose the data update interface or website user account password provided by Party B to the public or hand over to other third parties for use.
3. The user shall ensure that the user's data only exists in the server where the user's data center is located and the server where the internal network is located, and shall not directly or indirectly place part or all of the data in any software, client or mobile Internet application in any form. If necessary, it can only be used in the form of server interface, and the maximum speed limit or encryption processing should be carried out to avoid being used by other third parties.
4. The service provider will not disclose user data without the user's permission. However, under the following circumstances, part or all of the user data will be disclosed:
(1) Disclose to a third party with the consent of the user;
(2) Disclose to a third party or administrative or judicial authority according to relevant provisions of laws or requirements of administrative or judicial authorities;
(3) If the user violates the relevant laws and regulations of China, it needs to disclose to a third party;
(4) In order to provide software or services required by users, user data must be shared with a third party.
8、 Term and Termination
1. The term of this [service] is [12 months, subject to the product cycle purchased by the user].
2. In case of any of the following circumstances, the service provider has the right to terminate and continue to provide the [Service] without any liability:
(1) The [Service] purchased by the user has expired and has not been renewed;
(2) The user seriously violates the terms of this agreement and has not corrected it since the service provider notified it to do so.
9、 Amendment of Agreement
1. If any content of this agreement is changed, the service provider shall prompt the user to modify the content in an appropriate way.
2. If the user does not agree with the modification made by the service provider to the relevant terms of this agreement, the user has the right to stop using this [Service]. In such case, the service provider shall return the remaining fees (if any) to the user, and give the user a reasonable period of time before terminating the service to carry out data backup, download, storage, migration and other necessary work. If the user continues to use this [Service], it is deemed that the user accepts the modification made by the service provider to the relevant terms of this Agreement.
10、 Law and Dispute Resolution
1. The conclusion, implementation, interpretation and dispute settlement of this Agreement shall be governed by the [laws of the People's Republic of China].
2. In case of any dispute arising from the signing, performance or interpretation of this Agreement, both parties shall try to settle it through friendly negotiation. If the negotiation fails, either party shall bring a lawsuit to the people's court of [the defendant's location].
11、 Supplementary Provisions
1. If any provision of this Agreement is deemed invalid or unenforceable, the above provisions can be separated, and the rest will still have legal effect.
2. The title of this agreement is only for convenience of reading, not for the definition, limitation, interpretation or description of the scope or boundary of the terms.
3. The service provider can transfer all its rights and obligations under this Agreement to a third party without obtaining the user's prior consent on the premise of notifying the user [30] working days in advance according to its own operating conditions. The assignee of the service provider is bound by this agreement, and the service provider and its assignee are jointly and severally liable for the performance of this agreement.
