- Service agreement
- definition
- Service Content
- service fee
- Your rights and obligations
- Platform rights and obligations
- Privacy Policy
- Intellectual property
- Disclaimer
- force majeure
- Termination of the agreement
- Liability for breach of contract
- Dispute Resolution
- Effectiveness, renewal and other agreements
The company's communication capability open platform service agreement
In order to use the company's platform services, you should read and abide by the "Company Communication Capability Open Platform Service Agreement" (hereinafter referred to as "this Agreement").Before accepting this Agreement, please be sure to carefully read the entire contents of this Agreement, in particular the terms of the exemption or limitation of liability and the choice of the court of jurisdiction, etc. Limitations and disclaimers may prompt you to pay attention to it in bold form.Whether you actually read this Agreement or not, by clicking on the web page to confirm this agreement or actually using the platform services, you and the company have agreed on this agreement and agreed to accept all the agreed content of this agreement.If you do not agree to any of the contents of this Agreement, or if you cannot accurately understand the Company's interpretation of the Terms, please do not agree to this Agreement or use the services under this Agreement.Otherwise, you have accepted the terms and conditions described below and agree to be bound by this association.
definition:
1.1 The company's communication capability open platform: It is an open Internet platform provided by the company and is aimed at developers. It provides an open platform for converged communication capabilities.Developers can use the platform to provide users with technical services such as SMS channel service and voice call service through the public communication network or the Internet, hereinafter referred to as “open platform” or “platform”.
1.2 API interface: API (Application Programming Interface) An interface provided to developers to implement a specific function, hereinafter referred to as "interface".
1.3 DeveloperThe main body of the application development cooperation, including the company and individuals, is called the developer of the agreement, which is referred to as “you”.
Service Content:
The company will provide the communication capability to you in the form of API interface or direct transmission. You can select the required service according to your own business needs. For specific optional services, please refer to the website page.
service fee:
3.1 Unit price of service
3.1.1 The company will charge technical service fees according to different service types. The specific cost standard is subject to the website page display.
3.1.2 The company has the right to change the fee standard at any time according to the operational needs, and publicize it on the website 7 days in advance, effective 7 days after the date of public announcement. If you do not agree to the changed cost standard, you should immediately stop using it and continue to use it. It is deemed to agree and accept the post-change fee standard.
3.1.3 Any free trial or free features and services of the Service shall not be deemed to be the right of the Company to waive subsequent charges.The company has the right to inform you of the charging standard in the form of an announcement 7 days in advance. If you continue to use it, you will be charged according to the published standard.
3.2 Billing Services
3.2.1 The Company provides you with bills for the use of the Service and calculates and charges fees based on the bills.3.3 Payment Method
3.3.1 Technical Service Fee under this AgreementThe payment is mainly based on the pre-charge method (if you and Yunbei have agreed on other payment methods, according to the agreement), you use Alipay to pre-store the usage fee to your company's communication account, and the company will charge according to the service you choose. According to the actual usage, the company will charge the fee according to your pre-existing account balance. In order to avoid the suspension or interruption of the API call, you need to replenish the pre-existing fee in time, otherwise all risks caused by insufficient account balance and Responsibility is at your own risk.
3.3.2 If you have not done anything, please see the official communication network service content and quotation description
Your rights and obligations:
4.1.1 You acknowledge that when you complete the registration process or actually use the Services in a manner permitted by other platforms, you should be a natural person, legal person or other organization with full civil rights and ability to adapt to the civil conduct committed.If you do not have the above qualifications, please do not use the service, otherwise you and your guardian should bear all the consequences, and the company has the right to cancel (permanently freeze) your account and claim compensation from you and your guardian. .If you register on behalf of a company or other legal entity or use the Service in a manner that is permitted by other platforms, you represent and warrant that you have the right to bind the company or the legal entity to the terms of this Agreement.
4.1.2 You should submit registration information in accordance with the requirements of the platform and ensure that the registration information submitted is true and valid.When your relevant registration information changes, you should modify the relevant registration information within 10 working days after the change.Since you submit false registration information, submit information is inaccurate or not updated in time, the company has the right to stop your service, and any loss or liability caused by you.
4.1.3 The name, logo and profile of the account you are committed to register shall not appear illegal or bad information, may not impersonate others, may not be registered for others without permission, and may not be registered in an account that may cause misidentification by other users. User names that may infringe on the rights and interests of others (including but not limited to suspected trademark rights, reputation rights infringement, etc.), otherwise the company has the right not to register or stop the service and recover the account, so the losses are at your own risk.
4.1.4 You understand and agree that the ownership of the registered account belongs to the company. After the registration is completed, you only get the right to use the account.The right to use the account is only vested in the initial application registrant, and may not be transferred or provided to others for use in any way. Otherwise, the company has the right to immediately withdraw the account without notice, resulting in all the resulting use of the service. Loss of data, information, etc., such as emptying, loss, etc., shall be borne by you.
4.1.5 After your successful registration, the company will confirm your identity based on the account number and password.You should take good care of your terminal and your account and password, and take full responsibility for all activities that take place with this account and password.You undertake that you will immediately notify the Platform if your password or account has been used in an unauthorized manner, or if there are any other security issues, and you agree and acknowledge that the Company will not be liable for any direct or indirect loss or damage to the above circumstances. responsibility.Your account and password may not be transferred, donated or inherited in any way (except for property rights related to the account) unless there is a legal requirement or judicial ruling and with the consent of the company.
4.1.6 You understand and agree that if you have not logged in for more than 12 months after registering your account, the company has the right to recycle the account for the purpose of website optimization management. The relevant issues and responsibilities are at your own risk.
4.1.7 After the company recovers or cancels the account according to this agreement, it has the right to handle the content and information of the account by itself, including but not limited to deletion, without any liability to the user.
4.1.8 Aozhongyun has the right to process SMS messages that have not been used for half a year.If an offline contract is signed, the offline contract shall prevail.
4.1.9 In the case that the agreement is dismissed by the company, the company will refund the balance of the SMS package fee to Party A. In other cases, the company will not refund the SMS fee.
4.2 Entering and Opening Service
4.2.1 Entering: You need to register with the company and submit relevant information according to the platform requirements, in order to complete the developer's entry, and automatically open the account when you settle in successfully.
4.2.2 Opening service: You need to select, apply for the corresponding communication capability API call permission, and confirm the corresponding service terms. After obtaining the corresponding communication capability permission, you can log in to the management console for service management and other operations.
4.3 Use Specification
4.3.1 You should have the relevant qualifications for using the Service. If you use the Communication Capability Interface for application development, you should have the relevant development qualifications and the qualifications that the application should provide, and have the ability to perform its The ability of the obligations under the agreement, you guarantee that the performance of the relevant obligations does not violate any legal documents binding on it.You are solely responsible for the creation, development, editing, processing, modification, testing, operation and maintenance of its applications and at your own expense.
4.3.2 When you use the platform services, you must abide by the relevant laws and regulations of the People's Republic of China. You promise not to use the service to conduct any illegal or improper activities, otherwise the company has the right to stop providing services to you.Including but not limited to:
· Against the basic principles established by the Constitution;
· Endangering national security, revealing state secrets, subverting state power, undermining national unity;
· Impairing national honour and interests;
· Inciting national hatred, ethnic discrimination, destruction National unity;
· Destroy the country's religious policies, promote cults and feudal superstitions;
· Spread obscenity, pornography, gambling, violence, murder, terror or abetment;
· Insult or defamation of others, infringe on the legitimate rights and interests of others;
· Deliver business and other information without the consent of others;
· Engage in fraud or fraud;
· Contain other content prohibited by law or administrative regulations.
· The company considers it to be an improper activity.
4.3.3 You should take effective measures to prevent illegal activities that endanger the security of communication services, such as hacking, stealing passwords, and illegally calling pages.You should properly keep the interface, account password and security of the service and the security of your own terminal and network. All the actions performed by using the account password are regarded as your behavior, due to the loss or theft of the account password and the insecurity of the network. You are responsible for it.
4.3.4 You warrant that you may not modify or interfere with the Platform or other websites and systems of the Company and any part or function of the Website, System or Code provided by the Company in any way or by any means.In violation of the above terms, the company has the right to impose warnings, restrictions on services, application offline, application deletion, suspension or termination of services according to its circumstances.
4.3.5 You assume legal responsibility for your own behavior in the use of platform services and the rights and obligations between its customers. You independently develop and independently operate its application results. The company does not participate in the operational activities of your application. You should proceed according to law. The operational activities of the application are independently responsible for the corresponding legal responsibilities.You agree to indemnify and hold the Company, its affiliates and partner companies harmless from any claims, claims or losses arising out of or in connection with any third party claims resulting from or in connection with this Agreement or the relevant Terms of Service.
4.3.6 You shall meet the technical and business specifications of the company for the interface.
4.3.7 You may not sell or conduct any exchange of interests, services, interfaces, data, etc., in whole or in part, or lend, sublease or sublicense to any third party.
4.3.8 You agree to abide by the company's established platform rules, specifications, etc., and comply with the applicable specifications in the corresponding accessories according to the selected services.
4.3.9 In addition to complying with the basic provisions of the applicable law, the company's applications or services may not collect user data without the user's consent, and may not violate the law or the use of user data beyond the scope, and shall provide users with a privacy protection policy.
4.3.10 You agree and understand:
1) The open communication capability of the platform is based on the capabilities and resources of the operators. Due to the uncertainty of communication capabilities, systems, networks and resources, the platform is as secure and stable as possible. There is no guarantee for this;
2) You develop and independently operate its application results, and the platform does not participate in the operational activities of your application. You should carry out the applied operational activities according to law and independently bear the corresponding legal responsibilities.
4.3.11 The applications and services you develop should pay attention to the user experience, respect the user's right to know and choose. The application service should adhere to the principle of good faith, not misleading, fraudulent, confusing users, respecting the privacy of users, not harassing users, and not making spam. .If damages are caused to the user in violation of this article, you shall be solely responsible for it. If any damage is caused to the platform, you shall be liable for compensation.The Platform reserves the right to determine and determine whether your application violates this Agreement, the rules of the Platform Rules, or infringes on the legitimate rights and interests of users, and imposes penalties on the application including, but not limited to, suspending, limiting or terminating services.
4.3.12 In addition to complying with the basic requirements of applicable law, user applications or services that need to collect user data should meet the following conditions:
· If the user's application or service needs to collect user data, the user's authorization must be obtained in advance, and only the user data necessary for the application operation and function realization purposes can be collected.The user should inform the user of the purpose, scope and usage of the relevant data collection to protect the user's right to know;
· The user should provide the user with a privacy protection policy for their application, inform the user which user data the application collects, how to use it, whether it will User data is transmitted or submitted to others to protect the user's right to know and to choose.The privacy policy should be displayed to the user on the interface of the application;
• The user should provide the user with the means to modify and delete the user data, ensuring that the user can delete the user data by doing this, and ensure that the relevant data is completely deleted. ;
* users may not collect user data and other private information platform based on data considered sensitive information belonging to the category, including but not limited to, shall not collect or require the user to provide any account, password, shall not collect or require users to provide customer relationship chain, buddy list data Etc.;
• The user should only obtain the data necessary for the application's operation and function realization purposes; the user data collected by the user in a specific application can only be used in that particular application, and the collected user data must not be transferred or used in the application. Outside of specific applications;
• Users may not use the data provided by the platform as their own resources for other business activities without the authorization of the platform, including but not limited to collection, sharing and publicity;
• Users may not provide platform data in any form. Give any non-platformTripartite use, the user will not sell user data and transfer;
· think if the platform user data using the user's way, will damage the user experience, platform right to require you to delete the relevant data in this way and no further user data;
· The platform has the right to restrict or prevent you from obtaining user data and platform data when you violate the agreement;
• Users should abide by other management rules of the platform regarding user data.
4.3.13 All rights to platform operating data are vested in the Company.You may not use the relevant data for the purposes specified in this agreement without the prior written consent of the company;
4.3.14 Once you stop using the platform or platform for any reason to terminate the service to your open platform, you must immediately stop using and remove the platform. All services and data obtained in the process.
4.3.15 You may not use all resources of the Platform in violation or illegal use; you may not sell, transfer or transfer the code of the platform, API Interface (Application Programming Interface), development tools and other platform services to any unit or individual. Resources, etc.; you only have the right to legally use the services of the Platform in accordance with this Agreement.
4.3.16 You may not use the Platform to engage in the following activities:
• Access to a protected computer information network or use of computer information network resources
without permission;• Computer information without permissionDelete, modify or add network functions;
·Delete, modify or adddata and applications stored, processed or transmitted into the computer information network without permission;
· Deliberately create and disseminate destructive programs such as computer viruses of;
· other acts that endanger the security of computer information network.
Platform rights and obligations:
5.1 If the platform needs to suspend the service or ask you to cooperate if it encounters maintenance or upgrade of the network or system, it should inform you 1 working day in advance;
5.2 The company provides you with statistical inquiry, bill, detailed bill, and SMS sending. Functional services such as status and call status;
5.3 The company has the right to modify and upgrade the platform, and has the right to formulate and modify the platform and service specifications. The specifications are published on the website of the company and its affiliates. You should abide by part of the agreement, otherwise you should stop using the service and this agreement will automatically terminate.
5.4 The Company has the right to inspect and supervise your services for the prevention, detection and investigation of fraud, security, illegality or violation of agreements, policies or rules with you or its affiliates.The company has the right to decide whether you and its customers use the service to engage in improper activities based on complaints from end users or third parties and the company's supervision and inspection of your services, and to suspend or terminate the services provided to you.
5.5 The company has the right to change some or all of the service functions when necessary. If the function changes may cause the interruption or termination of daily services, the company shall notify you and complete the repair of the basic functions as soon as possible.You can choose to continue using the adjusted service features or terminate the use of platform services.
5.6 The company has the right to adjust the standards of platform services in accordance with the adjustment of Chinese laws and regulations, the orders of administrative law enforcement agencies and changes in social ethics.
5.7 To the fullest extent permitted by applicable law, the Platform has the right to analyze the entire platform user database and use the user database for other purposes, including but not limited to user behavior analysis of user data and a range of user data mining and data. In-depth analysis.
5.8 Platform has the right to change when necessarySome or all of the service functions, such as functional changes may cause the interruption or termination of daily services, the company should notify you in advance of the change one month, and complete the repair of the basic functions as soon as possible.You can choose to continue using the adjusted service features or terminate the use of platform services.
5.9
Privacy Policy:
6.1 The term "confidential information" as used in this Agreement means that a party (hereinafter referred to as the "recipient") obtains from the other party (hereinafter referred to as the "disclosing party"), or is jointly created by the parties to perform this agreement and is indivisible. Trade secrets (including financial secrets), technical secrets, business know-how and/or other information and materials that should be kept confidential, regardless of the form and carrier of the information and information, regardless of whether the disclosure Oral, image or written means that it is confidential.
6.2 During the term of this Agreement and within five years after its termination, neither party shall disclose, disclose or provide confidential information to any third party.
6.3 Both Party A and Party B shall take appropriate measures to properly preserve the confidential information provided by the other party. The degree of prudence of the measures shall be no less than the degree of prudence in protecting their own confidential information.Both Party A and Party B can only use confidential information for the purposes or purposes under this Agreement.
6.4 Both parties guarantee that confidential information can only be known to the responsible persons and employees of the respective parties who are engaged in the business.Before the above-mentioned personnel of both parties are aware of the confidential information, they shall be reminded of the confidentiality and obligations of the confidential information, and shall certify that the above-mentioned personnel do undertake the duty of confidentiality under this Agreement.
6.5 If necessary, the Recipient shall return all documents or other materials containing confidential information to the Disclosing Party in accordance with the instructions of the Disclosing Party, or destroy it as directed.
6.6 The above limitation of this section does not apply to the following:
• At the time of or before the signing of this Agreement, the Confidential Information is owned
by theRecipient in a legal manner;• Confidential Information is publicly available or available from the public domain when notified to the Recipient obtain;
· Confidential information is obtained by the recipient from a third party that is not confidential or non-disclosed;
• The confidential information is publicly available or available from the public domain without violating theobligations ofthis agreement;
• The confidential information is The Recipient or its affiliates or affiliates develop independently and do not benefit from the information obtained by the Notifier or its affiliates or affiliates;
· The Recipient shall be at the Court or
Intellectual property:
7.1 All content on the platform, including but not limited to works, pictures, archives, information, materials, website structure, website layout, web design, are owned by the company or other rights holders.No one may use, modify, reproduce, publicly transmit, alter, distribute, distribute or publicly publish platform programs or content without the written consent of the Company or other rights holders.
7.2 You may not use the trademarks, names and related trademarks of the Company and its related trademarks without the consent of the Company.
7.3 The intellectual property of the developer's independently developed application is owned by the owner; the right holder agrees to grant the company and its affiliates a free, permanent, irrevocable, non-exclusive, transferable, globally Licensable licenses permit the company's application development platform to use, call, and demonstrate products.This license is not affected by the termination of the cooperation between the parties and the termination of this agreement.
7.4 The system, code, data, brand, etc. involved in the cooperation of this agreement shall be owned by each party in accordance with the law, without the written consent of the party having the right, and the other party shall not use, modify, copy or publicly disseminate it without authorization., issued, otherwise, the right owner has the right to immediately terminate this agreement and ask the other party to compensate for all losses (including but not limited to investigation and collection fees, notary fees, attorney fees, etc.).
7.5 You may not reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy or otherwise create technical interfaces, source code and algorithms based on the open cooperation of the Project, or without express permission. Derivative works.
Disclaimer:
8.1 You fully understand that using the company's communication channel involves Internet and telecom operators' network services, which may be affected by unstable factors in various links. Therefore, you agree that due to power outage, billing system failure, transmission line failure, Service failures such as communication failures, communication line failures, maintenance upgrades, computer errors or viruses, hacking attacks, information corruption, data loss or other causes outside the company's reasonable control, such as interruptions, delays or pauses, etc. In order to prevent accidents, please do not rely solely on the network as the sole communication tool used in important situations. The parties agree that the company will not be liable to you or any third party for the losses caused by your use of the company's services. .
8.2 The company has the right to repair or maintain the platform or related equipment that provides network services on a regular or irregular basis. If the network service is interrupted or suspended within a reasonable time due to such circumstances, the company does not need to bear any responsibility for this. .
8.3 The Company shall not be liable for any interruption of service and loss of any of the following:
• A force majeure situation occurs;
• Hacking, computer virus intrusion or seizure;
• Computer system is damaged, embarrassed or unable Normal use;
· suspension or termination of service due to government regulations;
Others are not caused by the fault of the company.
8.4 Under no circumstances shall the Company be liable for any indirect, consequential, disciplinary, incidental or special damages arising out of the use of the services provided by the Company's platform, including the profits you may suffer from using the Company's platform services. Liability for loss (even if you have been informed in advance of the possibility of such damage).
force majeure:
The execution of this agreement is impossible, unnecessary or meaningless due to force majeure or other accidents, and the party suffering from force majeure or accident is not liable.Force majeure and accidents are objective events that cannot be foreseen, cannot be overcome, and cannot be avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics, and social events such as war, turmoil, government. Behavior, telecommunications backbone line disruptions, hackers, network congestion, technical adjustments in the telecommunications sector, and government regulations.
Termination of the agreement:
10.1 The Company reserves the right to suspend or terminate the provision of platform services to you at any time when you violate this Agreement or the rules and regulations of the Platform.If you subsequently register or log in to the platform directly or indirectly or in the name of another person, the company has the right to directly suspend or terminate the provision of services under this agreement.
10.2 If the service of this Agreement is terminated, the Company reserves the right to retain or delete any information and all relevant data in your account, including any data that you have not completed before the termination of the service.
10.3 If the platform business cannot continue to operate due to legal regulations or policy reasons, the contract between the two parties will be automatically lifted and will not be liable for breach of contract.
10.4 Due to objective reasons, the company does not assume any responsibility for the inability to use the service, including but not limited to
· natural disasters such as typhoons, floods, hail, etc.;
· government actions, such as expropriation, expropriation, etc.;
· social anomalies,Such as strikes, riots, etc.;
· Computer viruses or hackers, Internet, communication lines and other reasons caused by service interruption.
10.5 In view of the particularity and uncontrollability of communication services, the Company may discontinue or terminate some or all of its services at any time.In the event of any of the above, in addition to the irresistible factors described in this Agreement, the Company will notify you in a reasonable manner.
Liability for breach of contract:
11.1 Failure by either party to perform any of the terms of this Agreement is considered a breach of contract.The defaulting party shall, in accordance with the relevant agreement of this agreement, bear the corresponding liability for breach of contract according to law.
11.2 Except as otherwise provided in this Agreement, if any party violates its representations, promises, warranties or obligations under this Agreement and causes the other party to suffer any litigation, disputes, claims, penalties, etc., the defaulting party shall be responsible for resolving The other party took officeAny expenses, additional liabilities or economic losses shall be liable for compensation.If a party commits a breach of contract, the observant party may, in writing, request the defaulting party to stop the breach of contract within the specified time limit and request it to eliminate the impact.If the defaulting party fails to stop the breach on time, the observant party has the right to terminate this agreement immediately.
11.3 If any other third party suffers any loss and causes a dispute because of your breach of this agreement, and the result of such dispute resolution ultimately leads to any liability of the company, you will fully compensate the company for the loss.When involving third-party disputesThe company shall promptly inform you, the two sides shall consult together and handle it in accordance with the principle of friendly mutual understanding.
Dispute Resolution:
In the event of a dispute arising from the performance of this Agreement, the parties shall settle the dispute on the basis of mutual understanding and mutual accommodation.If the negotiation fails, either party has the right to file a lawsuit in the Yuhang District People's Court of Hangzhou.
Effectiveness, renewal and other aspects of the agreement:
13.1 The content of this agreement includes the text of the agreement and all relevant platform rules that the company has issued or may publish in the future.The above rules are an integral part of this Agreement and have the same legal effect as the body of this Agreement.
13.2 The parties have not exercised or executed any of the rights or provisions of this Agreement and do not constitute a waiver of the foregoing rights.
13.3 All notices of the Company to the Developer under this Agreement may be made by means of webpage announcements, e-mails, SMS messages or regular mail transmissions; such notices shall be deemed to have been delivered to the recipient on the date of delivery.
13.4 If there are any adjustments and updates to this Agreement, the website will be posted on this website 7 days in advance. If you do not accept the updated content, you can inform the platform by email or in writing within 7 days and fulfill the corresponding responsibility for termination of service.If the platform does not receive an application to terminate the service within 7 days, by default you agree to the adjustment and update of the agreement.
13.5 If some of the terms of this Agreement are held invalid for any reason, such invalid terms do not affect the validity of the other terms, and such invalid terms shall be deemed non-existent from the outset.
13.6 The Company has the right to transfer all rights and obligations under this Agreement to its affiliates in accordance with the adjustment of the business. The transfer will be notified to you in the manner stipulated in this Agreement.
13.7 After the termination of the agreement, the terms relating to the confidentiality of intellectual property rights and data information shall not be terminated due to the termination of the agreement.
