Agentic Engine Big Data Analytics System User Service Agreement
Release date of this Agreement: September 22, 2022
Effective date of this Agreement: September 22, 2022
Dear users of the Agentic Engine Big Data Analytics System:
Welcome to the products and/or services of the Agentic Engine Big Data Analytics System (hereinafter "AE")!
AE is a user behavior analytics system provided and operated by 数数信息科技（上海）有限公司 (hereinafter "we" or "us"), and is committed to helping enterprises fully unlock the value of their data and achieve data-driven business growth. To use AE products and/or services, read carefully and comply with the entire Agentic Engine Big Data Analytics System User Service Agreement (hereinafter "this Agreement"). This Agreement sets out the general terms that apply when a user registers an AE account and uses AE products and/or services, or uses AE products and/or services directly without going through registration. Read carefully and make sure you fully understand each term of this Agreement, especially the terms that exempt or limit liability and the terms on jurisdiction and applicable law. These terms are shown in bold to draw your attention.
If you do not agree to the terms of this Agreement, you should immediately stop the registration process or stop using AE products and/or services. If you click to log in or actually use AE products and/or services in any other way we permit, you are deemed to have understood and fully agreed to all terms of this Agreement and to voluntarily accept being bound by them.
1. Definitions
1. User, also referred to below as "you", means an enterprise legal person, a natural person affiliated with an enterprise legal person, or the like, who uses AE products and/or services and has full capacity for civil rights and civil conduct as prescribed by the laws of the People's Republic of China (for the purposes of this Agreement, excluding the Hong Kong and Macao Special Administrative Regions and the Taiwan region; hereinafter "China"). If you do not have the capacity for civil conduct appropriate to your actions as described above, you should read this Agreement accompanied by your guardian and obtain your guardian's express consent before registering for or using any AE products and/or services.
2. Parties: the parties to this Agreement are the party that provides AE products and/or services to you, namely "we", and you as the other party.
2. Components of the agreement
This Agreement consists of the main text of this Agreement. When you use a specific AE service, that service may have its own separate agreements, related business rules, announcements, help, instructions, general terms, and so on (hereinafter collectively the "Rules"). All Rules that have been published or may be published in the future for AE products and/or services are an integral part of this Agreement and have the same legal effect as this Agreement.
3. Service rules
1. Registration information
You should follow the principles of honesty, good faith, legality, and goodwill when you submit registration information to us. The registration information should comply with laws and regulations and adhere to the principles of upholding the socialist system, protecting national interests, safeguarding citizens' lawful rights and interests, respecting public order and good morals, and providing truthful information. You should not submit any illegal or harmful information. If your information changes, you should update it promptly.
If the registration information you provide is illegal, untrue, inaccurate, or not updated in time, and this results in legal liability or adverse consequences, you will bear the corresponding legal liability and adverse consequences.
2. Capacity for civil conduct
You acknowledge and undertake that you have full capacity for civil rights and civil conduct, or, if you do not, that you have obtained your guardian's consent and that your guardian registers for and uses AE products and/or services on your behalf. If you register an account without the appropriate capacity for civil conduct described above, you and your guardian shall bear all consequences arising therefrom in accordance with the law.
3. When you complete the registration process, we will provide you with a unique AE account. You are responsible for the security of your user account, login password (if any), and verification codes, and for the actions performed through your account. Unless required by law or instructed by administrative or judicial authorities, and with our consent, your user account may not be used by any third party in any way, including transfer, lending, gifting, or inheritance (except for property rights and interests related to the account). Your login password (if any) and verification codes must not be provided or disclosed to any third party. Otherwise, you shall bear (or be liable to compensate for) all losses caused to you (or to us or any third party), and we assume no liability.
4. If you find that anyone is improperly using your account, or that there is any other situation that may endanger the security of your account, you should contact us immediately and notify us to suspend or freeze the related services. You understand that we need a reasonable amount of time to act on your request, and we assume no liability for consequences that occur before we take action (including but not limited to any losses you incur).
4. Personal information protection
We understand how important personal information is to you, so we attach great importance to protecting your privacy and personal information. While you use AE products and/or services, we will use relevant technical measures and other security measures to protect your personal information. For more information about the rules for processing and protecting personal information and your control over your personal information, click the ThinkingAI Privacy Policy.
5. User conduct and liability
1. User obligations
You acknowledge and undertake that, while using AE products and/or services, you will comply with relevant laws and regulations and will not engage in the following conduct that violates laws and regulations, affects the normal provision of services, or harms the lawful interests of others:
1) You shall not use AE products and/or services to endanger national security, undermine political stability, or disclose state secrets; infringe upon the interests of the state, society, or collectives or the lawful rights and interests of third parties; engage in illegal or criminal activities; set up websites or communication groups for illegal and criminal activities such as committing fraud, teaching criminal methods, or making or selling prohibited or controlled items; or publish information related to committing fraud, making or selling prohibited or controlled items, or other illegal and criminal activities.
2) You shall not create, publish, copy, view, disseminate, store, or link to the following information: information that opposes the basic principles established by the Constitution; endangers national security, discloses state secrets, subverts state power, overthrows the socialist system, incites separatism, or undermines national unity; damages national honor and interests; incites ethnic hatred or ethnic discrimination, or undermines ethnic unity; undermines national religious policies, or promotes cults and feudal superstitions; incites illegal assemblies, associations, processions, demonstrations, or gatherings that disturb social order; fabricates or spreads rumors, infringes upon the rights of others, disrupts economic or social order, or undermines social stability; spreads obscenity, pornography, gambling, violence, murder, or terror, or instigates crimes; insults or defames others, or infringes upon the lawful rights and interests of others; promotes terrorism or extremism; violates local customs; or contains other content prohibited by laws or administrative regulations.
3) You shall not engage in the following activities that endanger the security of computer information networks: cracking, damaging, deleting, modifying, or adding to network services and related software and hardware facilities; deleting, modifying, or adding to data and applications stored or transmitted in computer information networks; using software, hardware, or other means to steal the passwords of others or illegally intrude into the computer systems of others; intentionally creating or spreading computer viruses or other destructive programs; or other activities that endanger the security of computer information networks.
4) You shall not copy or use unpublished and unauthorized files on the network without permission. Unless the relevant copyright holder expressly consents, you shall not crack, disseminate, download, or copy software copyrighted by third parties on the network without permission, or engage in any other activities that infringe upon the intellectual property rights of others.
5) You shall not cause us to become involved in political or public events through your use of AE products and/or services.
6) Without our prior written permission, you shall not illegally scrape, or authorize or assist any third party to illegally scrape, any content displayed by AE ("illegal scraping" refers to obtaining content data through technical means such as programs not approved by us or abnormal browsing).
2. Liability
1) If you violate the above undertakings, we have the right to take corresponding action or stop providing services to you in accordance with this Agreement, without obtaining your consent or notifying you in advance.
2) If, as specified by relevant laws and decrees or as determined under the rules of AE products and/or services, your conduct is suspected of violating laws and regulations or the terms of this Agreement and/or the Rules, we have the right to take corresponding measures, including but not limited to directly blocking or deleting infringing information, or directly stopping the provision of services.
3) For conduct you carry out on AE, including conduct not carried out on AE that has affected AE and its users, we have the right to unilaterally determine the nature of your conduct and whether it constitutes a violation of this Agreement and/or the Rules, and to take corresponding measures accordingly. You should keep all evidence related to your conduct yourself, and bear the adverse consequences of being unable to provide sufficient and necessary evidence.
4) If your conduct suspected of violating your undertakings causes damage to any third party, you shall independently bear all legal liability in your own name and ensure that we are exempt from any resulting losses or additional costs.
5) If your suspected violation of relevant laws or the provisions of this Agreement causes us to suffer any loss, including any claim by a third party or any penalty imposed by an administrative authority, you shall fully compensate us for the losses we suffer and the reasonable costs (if any) we pay to protect our rights.
6. Exemptions and limitations of liability
1. Force majeure
We are exempt from liability for damage caused by force majeure. You understand and agree that force majeure includes the inability to provide services or delays in services caused by information network connection failures not attributable to us, failures of computers, communications, or other systems, power failures, strikes, labor disputes, epidemics, riots, insurrections, civil unrest, insufficient productivity or means of production, fires, floods, storms, explosions, wars, government actions, orders of judicial or administrative authorities, or omissions of third parties.
2. Other exemptions
You understand and agree that, to the extent permitted by law, we are not liable for service interruption or termination caused by the following:
1) Damage by computer viruses, Trojans, or other malicious programs, or by hacker attacks.
2) Failures of the computers, systems, hardware, or communication lines of users or of us.
3) Improper operation by users.
4) Use of AE products and/or services by users in ways not authorized by us.
5) Other circumstances that we cannot control or reasonably foresee.
3. Limitation of liability
Harmful online information, network security, network failures, and similar issues are not caused by us. We assume no liability for any physical or psychological harm or any other losses they cause you. Unless otherwise expressly stated in writing, and in compliance with laws and regulations, we make no express or implied representations or warranties of any kind regarding the information, content, materials, products, or services on the website and/or client.
4. We cannot guarantee that AE products and/or services will meet your requirements, nor can we guarantee or promise the timeliness, security, or accuracy of AE products and/or services.
5. We reserve the right, to the extent permitted by the laws in force in mainland China, to independently decide to refuse service, close user accounts, review, edit, or remove content posted by users, or cancel orders.
7. Termination of the agreement
1. You agree that, for the security of platform services, we have the right to suspend the provision of some or all AE products and/or services to you and temporarily freeze your account until the security issue is resolved. If a security issue of the website is caused by your illegal conduct, we have the right to stop providing some or all AE products and/or services to you, permanently freeze (deregister) your account, and claim compensation from you for the losses.
2. You agree that, after the agreement between you and us terminates, we still have the following rights:
1) To retain, as required by law, records of information you published, transaction records, and other login and usage operation records from the period during which you used AE products and/or services.
2) If you engaged in illegal conduct or conduct that violated this Agreement while using AE products and/or services, we may still assert rights and pursue liability against you under this Agreement.
8. Intellectual property statement
1. Without our written authorization, no user or third party may use our trademarks without permission or use them to seek any commercial benefit, or act in a way that leads other third parties to believe that it is affiliated with us in any way.
2. The information published on AE (including but not limited to code, text, charts, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of us or our content providers and is protected by Chinese and international copyright laws. The compilation of all content on AE is our exclusive property and is protected by Chinese and international copyright laws. All software involved in AE is the property of us or our affiliates and is protected by Chinese and international copyright laws. Any authorized browsing, copying, printing, and dissemination of AE content may not be used for commercial purposes, and any use of all or part of the information content must include this copyright notice.
3. Unless otherwise mandatorily required by law, without our express and specific written permission, no organization or individual may illegally copy, disseminate, display, mirror, upload, download, repost, quote, link to, scrape, or otherwise use all or part of the information content and related materials of AE products and/or services in any way. Otherwise, we have the right to pursue their legal liability.
4. The following content in AE products and/or services may not be reposted freely:
1) Content with a statement that it may not be reposted, or may not be reposted without permission.
2) Graphics, logos, page styles, layouts, programs, and so on that are unique to AE.
3) Content in AE that is accessible only with special authorization or registered user status.
4) Other content that the law does not allow to be reposted or that AE considers unsuitable for reposting.
5. We assume no legal liability for disputes arising from improper quotation of the content of AE products and/or services, or for any losses resulting from such disputes. We reserve the right to pursue the legal liability of users who do not comply with this statement and of others who use the content of AE products and/or services illegally or maliciously.
9. Applicable law, jurisdiction, and miscellaneous
1. The conclusion, effectiveness, interpretation, revision, supplementation, termination, performance, and dispute resolution of this Agreement are governed by the laws of mainland China. Where the law has no relevant provisions, general domestic business practices and/or industry practices shall apply.
2. If any provision of this Agreement is deemed repealed, invalid, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
3. Any controversy or dispute arising from this Agreement shall be resolved through friendly negotiation between the parties. If negotiation fails, either party has the right to file a lawsuit with the People's Court of Changning District, Shanghai, where we are domiciled.
4. This Agreement will be updated to provide you with better services, as national laws and regulations are adjusted, and as our business develops. However, we will not reduce the rights you are entitled to under this Agreement without your express consent. We will publish the updated version on AE and notify you of the updates in an appropriate way before they take effect. You should also visit AE to stay informed of the latest terms of the agreement. Any use of AE products and/or services after the updated version is published is deemed your agreement to all the terms of the updated agreement.
5. We may send all notices to users through AE page announcements, SMS, email, or other means. Such notices are deemed delivered to the user on the date they are sent.
10. How to contact us
If you have any requests, contact us at compliance@thinkingdata.cn with a full description. We will respond to your request as soon as possible after verifying your identity and do our best to resolve it.
This Agreement takes effect when you click to log in or actually use AE products and/or services in any other way we permit, and remains in effect until you deregister your AE account or this Agreement is terminated or rescinded. During its term, this Agreement is binding on both you and us.