Kandao User Service Agreement
Before you start to use the various and related services provided by Kandao Technology Co., Ltd. (hereinafter refer to as “Kandao”, "We", or "us"), please read carefully and fully understand the terms of the Kandao User Service Agreement (the “Agreement”), including but not limited to the terms of exemption or limitation of liability. If you do not agree with this Agreement and/or revisions made to it at any time, you may voluntarily stop using the services provided by Kandao. By using the services provided by Kandao, you have understood and fully agreed to these terms of this Agreement, and accept any modifications made by us to this Agreement at any time, becoming a user of Kandao.
I. General provisions
If you have not applied for the registration process, or have been a registered user of Kandao’s Platform or software prior to the effective date of this Agreement, by accessing and/or using our software or services, you are deemed to agree to be bound by these terms.
Kandao reserves the right, at its sole discretion, to arrange or designate its affiliates, controlled companies, successor companies or third-party companies approved by Kandao to provide the services to you as required by Kandao. You acknowledge and agree that by receiving the services, you accept that the rights and obligations of such parties are also governed by this Agreement.
The headings of each term are intended to assist you in understanding the subject matter of the terms and do not affect or limit the meaning or interpretation of the terms of this Agreement. In order to protect your rights and interests, you are advised to read the specific expressions of each term carefully.
1. Platform Operator/We: each legal entity that individually or collectively refers to the operation of our Platform, including Kandao Technology Co., Ltd., etc.
2. Platform: websites and related clients including https://www.kandaovr.com/, QooCam App, QooCam 3 App, Obsidian Remote Controller App, KanDao VR App, KanDao Obsidian Pro App, Obsidian GO App, etc.
3. Platform Services: services we provided to you based on the Internet in various forms including our Platform (including new forms of services emerging from future technological development), as detailed in Section 6.
4. Platform Rules: all rules, interpretations, announcements, etc. that have been released and subsequently released on all our Platforms, as well as various rules, implementation rules, product descriptions, announcements, etc. issued by the Platform in channels, activity pages, help center, etc.
III. Scope of agreement
1. Contracting parties
This Agreement shall be legally binding on both you and our Platform Operator.
Under this Agreement, our Platform Operator may be changed according to the business adjustment of the Platform, and the changed Platform Operator will comply with this Agreement and provide services to you, and your rights and interests under this Agreement shall be guaranteed. New Platform Operator may be added for the provision of new services on the Platform, and if you use the new services on the Platform, you shall be deemed to agree that the new Platform Operator shall jointly perform this Agreement with you. In case of dispute, you may determine the subject of performance and the other party of dispute according to the specific service you use and the specific behavior object that affects your rights and interests.
2. Supplementary agreement
Due to the rapid development of the Internet industry, the terms and conditions set forth in this Agreement concluded by you and us cannot fully enumerate and cover all the rights and obligations between you and us, and the existing agreements cannot guarantee full compliance with the needs of future development. Therefore, the relevant statements, policies, rules and agreements released on the Platform are all supplementary to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use our Platform Services, you are deemed to agree to the aforesaid supplementary agreements.
The Platform system may be upgraded occasionally and various new features may be added, including but not limited to the user registration feature and the associated video and picture storage features under the registration account, etc. Your continued use of our Platform Services is deemed to be your knowledge of our Platform system upgrades and changes and your agreement to abide by the latest rules of our Platform.
IV. Account registration and use
1. User qualifications
You acknowledge that you shall be a natural person, legal person or other organization with full capacity for civil conduct when you start to register, login and actually use our Platform Services. If you do not have the aforementioned qualifications, you and your guardian shall bear all consequences caused by this in accordance with laws and regulations. In particular, if you are a minor, please access or use our Platform Services with the consent and guidance of your guardian.
2. Account description
After you fill in the information as prompted on the registration page, read and agree to this Agreement and complete the entire registration process, you may obtain an account on our Platform and become a user of our Platform.
You have the right to log in to our Platform using the user name, email address or cell phone number (user name, email address and cell phone number are collectively referred to as "User Name") you set or confirm for our Platform and the password you set (User Name and Password are collectively referred to as "Account").
Owing to the association between the user’s account and user’s information, you may transfer your account only if expressly provided by law or regulation, judicial decision or with our consent and in accordance with the Account transfer process set forth in the Platform Rules. Once your Account is transferred, the rights and obligations under the Account will be transferred as well. In addition, your Account may not be transferred in any manner whatsoever, otherwise, all liability arising therefrom shall be borne by you.
In order to enable you to better use the Platform Services, we recommend that you complete your real name verification in accordance with our Platform requirements and relevant laws and regulations. If your Account has not been logged in for a long time, we have the right to cancel it and other liquidation, and your Account will no longer be able to log in to any of our Platform and the corresponding services will be terminated. We will notify you by means including but not limited to website announcement, in-site message, push notification, etc. before liquidating such accounts.
V. Registration information management
1. Truthfulness and legality
By using our Platform Services, you confirm and agree that the registration information you provide on our Platform is true, accurate, complete, legal and valid, and that any changes to your registration information should be updated in a timely manner so that we can contact you if necessary.
You understand and agree that if the registration information provided by you is not legal, true, accurate or detailed, you shall bear the corresponding responsibilities and consequences arising therefrom, and we reserve the right to terminate your use of our Platform Services.
The user name you set up shall not violate the Chinese laws and regulations and the Platform Rules on user name management, otherwise we may suspend the use of your user name or cancel it and report to relevant competent authorities.
You understand and promise that your user name, avatar and profile and other registration information shall not contain illegal and undesirable information, and there shall be no fraudulent use of or associated with organizations or social celebrities. In the process of account registration, you shall comply with the seven bottom lines: abide by laws and regulations, socialist system, national interests, legitimate rights and interests of citizens, public order, social morality and ethics and authenticity of the information.
In order to provide you with better services and ensure the safety of your Account, you agree and authorize us to initiate inquiries on the authenticity of the user's identity, the user's credit record, and the validity status of the user's cell phone number to reliable units such as national citizen identification number inquiry service centers, telecommunication operators, and financial service institutions based on the information you provide such as your cell phone number and ID card number.
2. Update and maintenance
You shall update the information you provide in a timely manner, and in the event that the law clearly requires us to verify the information of some users, we will check and verify your information from time to time in accordance with the law, and you shall cooperate in providing the latest, true and complete information. You shall bear all consequences arising from inaccurate and untrue personal information provided by you.
If we are unsuccessful in contacting you according to the last information you provided, or if you fail to provide information in a timely manner as requested by us, or if the information you provide is obviously inaccurate, you shall bear all losses and adverse consequences caused to yourself, others and us.
3. Account security policy
Your account is set up and maintained by you. You are advised to keep your account and password secure, to avoid using overly simple passwords, and to ensure that you log out at the end of each online session and leave our Platform in the correct manner. We are not responsible for any loss, forgetting or theft of your account or password that is not caused by our Platform. If you find that your personal information has been compromised, please contact us immediately.
Your Account is for your personal use only and may not be lent or shared with others. When your account is used without authorization, you should immediately notify us, otherwise the unauthorized use is considered your own actions, and you will be responsible for all the resulting losses and consequences.
VI. Our Platform Services
Our Platform provides you with the following services, including but not limited to:
Connecting with our camera products and controlling cameras, managing camera contents (including but not limited to modifying and deleting videos, images and text in the camera, sharing camera content to our servers or other third-party Platforms), and other technologies and/or services provided by our Platform (hereinafter referred to as "Other Technologies and Services").
The cloud storage service provided by our Platform is an online service that provides data storage, synchronization, management and sharing to the registered users. It is an information storage space Platform, which does not directly upload and provide contents, or modify and/or edit the contents transmitted by users.
Our Platform only provide related network services. In addition to this, the devices related to the relevant network services (such as personal computers, mobile phones and other devices related to access to the Internet or mobile network) and the expenses required (such as telephone and Internet charges paid for Internet access, mobile phone fees paid for mobile network use) shall be borne by you. Our Platform Services are limited to your use on the Platform, and any service obtained by separating the Platform Services from the Platform by malicious cracking or other illegal means is not part of our Platform Services as agreed in this Agreement. The perpetrator shall be responsible for all legal consequences arising therefrom, and we will pursue the legal responsibility of the perpetrator in accordance with the law.
The only legal way to download, register, log in and use our Platform Services is the way officially announced on our Platform, any other channel, any way you obtain our Platform Services (including and not limited to Account, cloud storage, gifts, downloads, etc.) is illegal, we do not recognize its validity, and once found, we have the right to immediately delete, cancel, clear, block, etc. Any adverse consequences resulting from this shall be borne by you.
We have the right to announce to you (including but not limited to pop-up pages, website announcements, in-site messages, etc.) about the modification, replacement and upgrade of any software and firmware related to our Platform Services. If you do not agree with or accept the modification, replacement or upgrade of the software and firmware related to our Platform Services, please directly refuse to upgrade the relevant upgrade service and stop using our Platform Services, otherwise you are deemed to agree and accept the modification, replacement or upgrade of relevant software and firmware of our Platform, and such agreement and acceptance are still subject to this Agreement.
You understand and acknowledge that you have no ownership rights to the derivatives such as usage records, subscriptions, favorites, coupons, downloads, etc. that you obtain by using our Platform website or our Platform account (unless otherwise announced on our Platform), and we permit you to use them in accordance with our Platform Rules. We will not be liable for any such derivatives.
You understand and acknowledge that if you pay or top up your Account on our Platform through a third party-payment instrument, any business risks that may arise (including but not limited to illegal activities by wrongdoers using your Account or valuable cards such as bank cards), such risks may cause you corresponding economic losses, and we shall not be liable for your aforementioned risks and losses, provided that we fully perform our obligations under this Agreement and comply with the legal requirements.
You agree and warrant that you shall not use our Platform Services or its derivatives (including but not limited to accounts, downloads and other services) for the purpose of reselling, exchanging, pledging, or otherwise illegally trading them for value. You will not use our Platform Services or its derivatives to violate the legitimate rights and interests of others, and you are prohibited from stealing or misappropriating other people's accounts, points, point products, etc. through network vulnerabilities, malware or other illegal means.
VII. Service specification and intellectual property rights statement
1. You may upload, post or transmit relevant contents, including but not limited to text, software, programs, graphics, images, sounds, music, videos, audio and videos, links and other information or other materials (hereinafter referred to as "Content") on our Platform (cloud storage, mini programs, websites, etc., which are hereinafter referred to as “Our Platform”) through our Platform Services, provided that you assume legal responsibility for such Content.
2. You shall not abuse the services provided by our Platform. The account of Our Platform is for personal use only and shall not be provided to any third party for free or paid use. Kandao hereby solemnly reminds you that any message, material, text, software, music, audio, photo, graphics, video, information, user's registered information or other materials (hereinafter referred to as "Content") transmitted through our service by uploading, posting, sending instant message, e-mailing or by any other means, whether publicly or privately transmitted, those who upload and use the Content shall bear the responsibility for such behavior.
3. You must ensure that you own the copyright or are legally authorized to use the Content that you upload, post or transmit on our Platform. Unless proven to the contrary, by uploading, positing or transmitting Content using our Platform Services, you have the right and agree to grant us, worldwide, perpetual, irrevocable, free of charge, the right to:
- Store, use, post, reproduce, modify, adapt, publish, translate, create derivative works based on, transmit, perform and display the Content.
- Incorporate the Content, in whole or in part, into any other work, media, or technology of any kind.
- Commercially exploit your uploaded, posted content.
- To provide your computer terminal, mobile communication terminal (including but not limited to portable communication devices such as cell phones and smart tablets, etc.), handheld digital audio and video playback devices, television receiving devices (analog signal receiving devices, digital signal receiving devices, digital TV, IPTV, playback devices with Internet access, etc.), etc. through wired or wireless networks for the downloading of information, on-demand, data transmission, mobile video services (including but not limited to SMS, MMS, WAP, IVR, Streaming, 5G, mobile video and other wireless services), and its related publicity and promotion and other services.
- Sub-license to other third parties for use in the manner described above.
4. The intellectual property rights of the Content (including but not limited to software, technology, programs, web pages, texts, pictures, images, audio, videos, graphics, layout, electronic documents, etc.) provided by us in our Platform Services belong to us. The copyrights, patents and other intellectual property rights of the software upon which we provide our Platform Services are owned by us. Without our permission, no one may use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading or downloading through any robot, "spider" or other program or device) the content of our Platform Services.
5. We provide technical support for the development and operation of our Platform Services, and have all rights to all data and information generated in the course of the development and operation of our Platform Services to the extent permitted by laws and regulations.
6. Please do not, under any circumstances, use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features, including but not limited to "KANDAO" (hereinafter collectively referred to as "Marks"). You may not display, use, or apply for registration of a trademark, domain name, etc., in any manner, either alone or in combination with the Marks described herein, nor may you do anything that expressly or impliedly entitles you to display, use, or otherwise deal with such Marks without our prior written consent. If you use our trademarks or logos in violation of this Agreement in a manner that causes damage to us or others, you shall bear full legal responsibility.
7. You understand and acknowledge that when using our Platform Services, you are exposed to content and information from a wide variety of sources. Our Platform has no control over the content transmitted through our service and no overall control over the user behavior so that we cannot be responsible for the legality, correctness, completeness, authenticity or quality of such content. You understand and acknowledge that you may be exposed to offensive, inappropriate and other content when using the service, and agree to judge and bear all risks on your own, and will not hold us liable for such content. We do not endorse, recommend or express an opinion on any content and information uploaded, posted or transmitted by users on our Platform, nor do we accept any liability for errors, defects and loss or damage arising from any content and information, and any use of the content and information by you is at your own risk.
8. You agree that we may place commercial advertisements or any other type of commercial information in the course of providing the Services on our Platform in various ways (including, but not limited to, placing advertisements in any location on our Platform and placing advertisements in the content you upload or transmit), and you agree to accept that we may send you promotional or other relevant commercial information via email, in-site messages, SMS, website announcement or other means.
VIII. Prohibited content
You understand and warrant that the content you upload, post or transmit on our Platform (including your username and other information) do not contain the content that:
- Opposes the fundamental principles established by the Constitution
- Endangers national unity, sovereignty and territorial integrity
- Leaks state secrets, endangers national security or damages the national honor and interests
- Incites ethnic hatred or discrimination, undermining ethnic unity, or infringing ethnic customs and habits
- Undermines national religious policies, promoting cults or superstitions
- Disturbs social order, destabilizing society
- Induces minors to commit crimes and exaggerating violence, obscenity, pornography, gambling, murder and terrorist activities
- Insults or slandering others, infringing upon citizens’ personal privacy and other legitimate rights and interests of others
- Endangers social morality and undermining the excellent cultural traditions of the nation
- Other contents prohibited by relevant laws, administrative regulations and State regulations
If the contents you upload, post or transmit contains the information or content that violates the laws and regulations above or infringes upon the legitimate rights and interests of any third party, we shall have the right to suspend or terminate the provision of our Platform Services according to relevant regulations, save the relevant records and report to the competent government authorities, and you will directly bear all adverse consequences and responsibilities arising therefrom. At the same time, we have the right to terminate the Agreement without any liability. If any adverse consequence is caused to us, you shall be responsible for eliminating the effects and indemnifying us for all losses arising therefrom, including but not limited to reasonable expenses arising from the protection of our rights, such as property damages, reputational damages, attorneys' fees, transportation costs, etc.
IX. Prohibited actions
You acknowledge and warrant that you will not have the following behaviors when using our Platform:
- Impersonating another person, or you falsely claiming to be affiliated with any person or entity (including setting a false account name or accessing another user's account) when registering for an account or using our Platform Services.
- Falsifying headers or otherwise manipulating content in a way that causes others to believe that the content is transmitted by us.
- Uploading, posting, emailing or otherwise transmitting contents that we are not authorized to transmit (e.g., internal or confidential information).
- Sending any unsolicited or unauthorized email spam, advertising or promotional material, or any other commercial communication.
- Using our Platform Services for any commercial purposes or for the benefit of any third party without our express permission.
- Stalking or otherwise harassing others.
- Engaging in any illegal or potentially illegal (as determined by us) activities or transactions, including teaching of criminal methods, sale of any illegal drugs, money-laundering, scams, etc.
- Gambling, providing gambling data or inducing others to participate in gambling activities by any means.
- Using or exploiting our Intellectual Property Rights (including our trademarks, brands, logos, any other proprietary data or the layout or design of any web page) or otherwise infringe any of our Intellectual Property Rights (including the attempts to reverse engineer our Platform client or the software used).
- Accessing our Platform Services, collecting or processing the contents provided through our Platform Services by using any automated programs, software, engines, web crawlers, web analytical tools, data mining tools or similar tools.
- Engaging in any "framing", "mirroring" or other techniques to mimic the appearance and features of our Platform Services.
- Intervening or attempting to interfere with any user’s or any other party’s access to our Platform Services.
- Intentionally distributing viruses, network worms, Trojan horses, corrupted files or other malicious codes or items.
- Sharing or publishing personally identifiable information of any person without the express content of such person.
- Probing or testing our Platform Services, systems or other users' systems for vulnerability to intrusion attacks or otherwise circumvent (or attempt to circumvent) any security features of our Platform Services, systems or systems of other users’ systems.
- Decode, decompile or reverse engineer software used by our Platform Services, or attempting to do any of the foregoing.
- Opening multiple accounts for the purpose of sabotage or abuse, or maliciously upload duplicate, invalid bulk data and information.
- Intentionally or unintentionally violating any relevant Chinese laws, regulations, rules and ordinances as well as other valid norms with legal effect.
If your behavior violates laws and regulations or infringes upon the legitimate rights and interests of any third party, we shall have the right to suspend or terminate the provision of our Platform Services according to relevant regulations, save relevant records and report to the competent government authorities, and you shall directly bear all adverse consequences and responsibilities arising therefrom. At the same time, we shall have the right to terminate the Agreement without any liability. If any adverse consequence is caused to us, you shall be responsible for eliminating the effects and indemnifying us for all losses arising therefrom, including but not limited to reasonable expenses arising from the protection of our rights, such as property damages, loss of reputation, attorneys' fees, transportation costs, etc.
X. Interruption or termination of service
You shall abide by the above regulations consciously, and we have no obligation to review and monitor your compliance with the above regulations; however, we or our authorized persons shall have the right at any time to require you to rectify or directly take all necessary measures (including but not limited to the right to modify or delete the contents you upload or publish, suspend or terminate your use of the Service) to mitigate the effects of your misconduct.
You understand and agree that our Platform Services are provided in accordance with the existing technology and conditions. We will do our best to provide the Platform Services to you and to ensure continuity and security of our Platform Services. You understand that we cannot anticipate or prevent against legal, technical and other risks at any time or at all times, including but not limited to force majeure, network causes, defects in third-party services, third party websites and other reasons that may lead to service interruption, failure to use our Platform Services properly and other losses and risks.
You understand that we need to periodically or irregularly overhaul or maintain our Platform (e.g., Internet website, mobile network, etc.) or related equipment on which the Platform Services are provided, and that we shall not be liable for any interruption of our Platform Services within a reasonable period of time due to such circumstances, but we shall give prior notice whenever possible.
You are advised to notify us immediately of any unauthorized use of your Account to access our Platform or other circumstances that may result in the theft or loss of your Account. You understand that it will take us reasonable time to act upon any of your requests. Except for our fault, we shall not be liable for any consequences that arise before we take action.
Except for our fault, you shall be responsible for the results of all actions taken under your Account (including but not limited to signing agreements, posting information, purchasing goods and services, and disclosing information online, etc.).
XI. Protection of users’ personal information
XII. Liability for breach of contract
1. Both parties shall abide by the agreement jointly. If one party breaches the contract and causes losses to the other party, the breaching party shall compensate the losses of the observant party.
2. Unless otherwise agreed by both parties, we shall have the right to take one or more of the following measures at any time in respect of any breach of obligations, promises, warranties, etc. of this Agreement by the user, especially the losses caused to us or relevant third parties:
- With regard to your breach of the Agreement or other terms of service, we have the right to independently judge and, as appropriate, take precautionary warnings, refuse to publish, immediately stop transmitting information, delete content or comments, prohibit short-term release of content or comments, restrict some or all functions of the account until the termination of the service, permanently close the account, etc. We shall not be liable for the consequences such as failure to use the account and related services normally or to obtain the relevant rights and interests in your account. We have the right to announce the result of disposal and decide whether to resume the use of the relevant account according to the actual situation. For suspected violations of laws and regulations and suspected illegal and criminal acts, we will keep relevant records and have the right to report to relevant competent authorities according to law, cooperate with relevant competent authorities for investigation, report to public security organs, etc. We have the right not to restore the deleted contents.
- In case of any third party's complaint or litigation claim arising out of your breach of the Agreement or other terms of service, you shall handle by yourself and assume all legal liabilities that may arise therefrom. If our company and its affiliates, controlling companies and successor companies make compensations to any third party or suffer punishments from state organs due to your violation or breach of contract, you shall also compensate us and its affiliates, controlling companies and successor companies for all losses incurred thereby.
- We respect and protect your and others' legal rights and interests such as intellectual property rights, reputation, name rights and privacy. You guarantee that the texts, pictures, videos, audio, links, etc. uploaded when using our Platform Services will not infringe the intellectual property rights, reputation, name rights, privacy and other legal rights and interests of any third party. Otherwise, we have the right to remove the allegedly infringing content if we are notified by the proprietor or the relevant party. You shall handle and assume all legal liabilities that may arise from all claims raised by third parties; If we, our affiliates, controlled companies and successor companies suffer losses (including but not limited to economic and goodwill losses) as a result of your infringement, you shall also fully compensate us and our affiliates, controlled companies and successor companies for all losses suffered.
XIII. Special agreement
We provide the services of our Platform as far as the available technology and conditions allow. We assume corresponding obligations in accordance with laws and regulations, but cannot be liable for damage caused to you by information network equipment maintenance and connection failure, failure of computer, communication or other systems, hacking activity, computer virus, power failure, strike, riot, fire, flood, storm, explosion, war, government action, order of judicial and administrative authority or by third parties. We control and provide our Platform Services through facilities within the People's Republic of China. We do not warrant that the services provided are appropriate and feasible in other countries or regions. Any user who uses our Platform Services in other jurisdictions shall ensure that they comply with local laws and regulations, and we assume no responsibility for this.
To the extent permitted by applicable law, our Platform disclaims all warranties of any kind, express or implied, including warranties of title, implied warranties of merchantability and warranties of fitness for a specific purposes.
To the maximum extent permitted by applicable law, you expressly acknowledge and agree that you assume your own responsibility and risks of using our Platform. In no event and for no reason, including negligence, shall we be liable for damages, compensation or resulting losses (including direct, compensatory, incidental, indirect, special, material or punitive damages) arising out of or in connection with our Platform or the terms of our Platform Rules, even though we have been informed of the possibility of such damages, compensation or losses. Without prejudice to the general applicability of the foregoing, we shall not be liable to you or any third party for:
- Your use of, or inability to use, our Platform for any reason.
- Any content provided by or related to our Platform.
- Inaccuracies, incompleteness or errors in the information provided on our Platform.
- Unauthorized access to, or alteration or loss of data or other information collected, stored or transmitted through our Platform.
- Errors, system failures, network or system outages, file corruption or service interruptions, or any other use of our Platform by you.
In addition, we shall not be liable if our Platform (or part thereof) is unable to provide the services or to perform its obligations under the Agreement arising directly or indirectly from equipment, transmission or delivery problems, or other industrial disputes, wars, natural disasters, terrorism, explosions, force majeure or other events beyond our control.
Notwithstanding anything contrary to this clause, our cumulative liability to you for all actions will at all times be limited to RMB 1 YUAN.
Certain jurisdictions do not permit disclaimers, exclusions or limitations on certain warranties, liabilities and damages, and therefore the foregoing disclaimers, exclusions and limitations may not apply to you. Our liability in such jurisdictions will be limited to the maximum extent permitted by applicable law.
XV. Change to the agreement
We have the right to revise the Agreement and supplementary agreement in accordance with changes in national laws and regulations and changes in our Platform Services, and we will notify you of such changes (the "Changes") through the means stipulated in Section 16 of this Agreement. Once the alteration has been announced in any form on our Platform, it will take effect and replace the previous relevant content, and you shall pay attention to the changes in our Platform announcements, reminders and alerts and changes to the content of the Agreements from time to time.
You acknowledge and confirm that if you disagree with the Changes, you shall cease using our Platform Services immediately upon the effective date of the Changes; if you continue to use our Platform Services after the Changes take effect, it shall be deemed that you are aware of and agree to accept the Changes that have taken effect.
You agree that we shall serve you all kinds of notices in the following reasonable manner:
- Publicly announced copy.
- Site message, pop-up messages and push messages.
- Emails, SMS, correspondence, etc., based on the contact information you have reserved on our Platform.
XVII. Termination of the agreement
1. In the event of termination, you have the right to terminate the Agreement in any of the following ways:
- If you cancel your account through the website when the liquidation conditions such as account cancellation as published on our Platform Website are met.
- If you discontinue use and expressly do not wish to accept the Changes before they become effective.
- You expressly do not want to continue to use our Platform Services and meet the conditions for termination of our Platform.
2. In case of any of the following circumstances, we may notify you to terminate this Agreement in the manner listed in Article 16 of this Agreement:
- In the event of your breach of the Agreement, we shall terminate this Agreement pursuant to the breach clause.
- If you transfer your Account, steal another person's account, publish prohibited content and information, cheat others, or use improper means to make profits, and we seize your Account in accordance with our Platform rules.
- In addition to the above, your Account is blocked by us in accordance with our Platform rules because you have repeatedly violated the relevant provisions of our Platform Rules and the circumstances are serious.
- Your Account has been cancelled or liquidated by us in accordance with this Agreement.
- You have violated the legitimate rights and interests of others or other serious violations of the law on our Platform.
3. Handling after the termination of the Agreement
Upon termination of this Agreement, we shall not be obliged to disclose any information in your account to you or a third party designated by you unless expressly provided by law. Upon termination of this Agreement, we shall have the following rights:
- We may still hold you liable for your past breaches of this Agreement.
XVIII. Applicable law, jurisdiction and others
The formation, entry into force, interpretation, amendment, supplementation, termination, enforcement and dispute resolution of the Agreement shall be governed by the laws of the People's Republic of China (for the purposes of the Agreement, excluding Hong Kong, Macao and Taiwan); if there is no relevant provision in the law, references shall be made to commercial practices and/or industry practices. Disputes arising from your use of our Platform Services and related to our Platform Services shall be settled through negotiation between you and us. If no negotiation is reached, either party shall file a lawsuit with the People's Court in the location of Kandao Technology Co., Ltd.
If any provision of this Agreement is deemed to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
Last updated: 2023.06.15