This Aurora User Service Agreement

Index

1. 一、Definition
   二、Account Registration and Security
   三、Our Services for You
   四、Fees
   五、Rights and Obligations of the Parties
   六、Intellectual Property
   七、Confidentiality
   八、Liabilities
   九、Disclaimers
   十、Termination and Assignment of this Agreement
   十一、Customer Services
   十二、Notice
   十三、Interpretation, Govening Law and Dispute Resolution of this Agreement
   

一、Definition

1. 1. Aurora Platform: means the Aurora Service Platform ( www.jiguang.cn ) owned, controlled and operated by us.
2. 2. you or User: means a natural person over the age of 18 with full capacity for civil conduct, or a legal person or other organization legally registered and validly existing in accordance with the laws of its domicile and capable of performing the obligations under this Agreement.
3. 3. Your End Users: means the end users who use your products and/or services.
4. 4. Aurora Service: a general term for the data analysis and statistics, technical support and other services based on the Internet developed and operated by Aurora.
5. 5. Account: means the Aurora account used to receive Aurora Services after you log into the Aurora account registered in your own name.

二、Account Registration and Security

• 1. Account Registration

  When you read and agree to this Agreement, fill in the relevant information and register, you will become a User of the Aurora Platform.

  In order to provide you with the relevant services, you should provide your name, email address, and mobile phone number in accordance with our requirements truthfully, accurately and effectively so that we can communicate with you.

  In order to ensure the validity of the information you provide, you should timely update the relevant information when it changes. According to relevant legal requirements, we will check the information you provide accordingly to ensure its timeliness, authenticity and integrity. If we fail to contact you based on the information you provide, you will be liable for the adverse consequences caused thereby.

  Aurora is not responsible for any problems caused by untrue registration information or untimely updates of such information. You can check and correct your information through the Aurora Account setting page. You should authenticate the registered account with your real identity information, and the account name, profile picture and other registration information you submit should not contain illegal or objectionable information. Aurora will not register your account if the above conditions exist after the Aurora’s review; meanwhile, after registration, if you are found to have fraudulently registered your Account name with false information or your profile picture, account profile and other registration information has illegal and objectionable information, Aurora has the right to unilaterally take measures, without notice, such as correction within a time limit, suspension of use, and termination of Account. After you fill in the information as prompted on the registration page, read and agree to the terms and conditions of this Agreement and complete all the registration procedures, you can obtain an Aurora Account and become an Aurora User.

• 2. Use of Account

  Your Aurora Account is only for your own use because your Aurora Account is associated with your personal information, enterprise information and business information of Aurora. Without Aurora’s consent, your direct or indirect authorization to a third party to use your Aurora Account or to access information under your Account is void. If Aurora determines that the use of your Aurora Account may jeopardize the security of your Account and/or the security of Aurora’s information in accordance with the default determination procedures and standards set forth in the Aurora Platform rules, Aurora may refuse to provide the relevant services or terminate this Agreement. If you use a third-party Account to access Aurora Services, the third-party Account will be associated with your Aurora Account and Aurora will use your information (such as your profile picture) according to the information you authorize the third party to provide. Your subsequent use of that Aurora Account is governed by this Agreement.

• 3. Account Keeping and Retrieving

  Aurora Account includes the Account name and password. You can log in using the Account name (including the Account ID and mobile phone number) and password. Please take good care of your Account. You will be responsible the loss caused by your active disclosure or theft by others. If your Account information is lost due to your personal reasons and need to retrieve your Aurora Account information, please provide relevant information according to the Aurora Account retrieval process and ensure that the information provided is legal, true and valid. If the information provided does not meet the requirements and cannot pass the Aurora security verification, Aurora has the right to refuse to provide the account retrieval service.

  If the Aurora Account you are currently using is not an Account you initially applied for or obtained through other means offered by Aurora, but you are aware of the current password for the Aurora Account, you are not allowed to log in or perform any operations with the Aurora Account and should notify Aurora or the initial registrant of the Aurora account as soon as possible.

• 4. Account Transfer

  4.1 You may use the Aurora Account within the scope of this Agreement. You shall not register the Aurora Account in bad faith, or give, borrow, rent, transfer or sell the Aurora Account to others with or without compensation, or otherwise permit any non-initial registrant to use the Aurora Account. Aurora has the right to make independent judgment and deal with the above actions and you should assume any liability arising therefrom. Meanwhile, Aurora reserves the right to pursue the legal responsibility of the aforesaid actor, and all the responsibilities arising therefrom shall be borne by you.

  4.2 Aurora shall have the right to take the following measures against you in accordance with laws and regulations:

  • 4.2.1 If you violate the laws and regulations, individual terms and conditions or business rules of Aurora, Aurora has the right to make independent judgment and take time-limited corrective action, suspend or terminate your use of Aurora Account at any time, and decide whether to resume the use based on the actual situation.

  • 4.2.2 If Aurora discovers that you are not the initial registrant for the Account, Aurora reserves the right to terminate your use of the Account without notice.

  • 4.2.3 Aurora may demand you to correct your use within a time limit, suspend or terminate your use of your Aurora Account in accordance with these rules or relevant laws and regulations, and you shall bear any losses (including but not limited to communication interruption, and the deletion of user information, emails and related data, etc.) caused thereby.

• 5. Account Return

  In order to prevent waste of resources, if you have not used your Aurora Account or logged into your Account by any other means approved by Aurora for 24 consecutive months, Aurora has the right to cancel the Account and you will no longer be able to log in or use the related services through the Account. If there are pending transactions or balances associated with this Account, Aurora will assist you in processing them to a reasonable extent. Please follow the instructions provided by Aurora.

• 6. Account Security

  Your Account is set up and maintained by you and Aurora will not ask you to provide your Account password at any time. We recommend that you take specific measures to ensure the security of your Account, including but not limited to installing antivirus and anti-Trojan software and changing your password regularly.

• 7. Account Cancellation

  7.1 In the event that you need to terminate your use of the Aurora Account services, you may apply to cancel your Aurora Account if the following conditions are met:

  • 7.1.1 You may only apply for cancellation of your own Account and do so in accordance with Aurora’s procedures.

  • 7.1.2 You shall still be responsible for your actions prior to your account cancellation and during your use of Aurora Services.

  • 7.1.3 You should be aware that the cancellation of your Account means that your User content will be removed from our activity database.

三、 Our Services for You

• The services we can provide to you include but are not limited to (click on the relevant services to jump directly to the corresponding pages of Aurora Platform):

  • 1. message push service

  • 2. intelligent marketing service

  • 3. security authentication service

  • 4. video access service

  • 5. advertising service

  • 6. financial anti-fraud service

  • 7. tagging service

  The above services may be changed, upgraded, suspended or terminated. In the event of the above, we will notify you as soon as possible. When the above features are updated, this Agreement shall still apply unless we specify otherwise.

四、Fees

Our services include paid services and free services, the details of which are subject to the information published on our platform. Please read them carefully before using the services. When you use our paid services, you should pay according to our published billing standards and methods. If there are any changes in our billing standards or methods, we will inform you on the Aurora Platform. Please pay attention to the relevant information.

For recharge services, you can log in to your Account to view the recharge, consumption and balance of your Account. If you have any objection to your Account recharge, consumption and balance information, you can give us feedback before the 10th day of the month following the transaction. Otherwise, you will be deemed to have accepted the transaction information of the Account.

五、 Rights and Obligations of the Parties

（一） Our Rights and Obligations

• 1. We enter into a cooperative relationship with you to provide you with the relevant services and necessary technical support for purpose of conducting technical tests and improving user experience, etc.

• 2. If we are required by law to delete the models and data you feed into our platform, we have the right to delete your relevant information.

• 3. Due to business development needs or laws and regulations, we have the right to adjust the scope of services provided to you, and we will notify you within a reasonable time before such adjustment.

• 4. We will take a variety of physical, electronic and management security measures in line with industry standards to protect the personal information collected from you and Your End Users to avoid the risk of data leakage.

（二） Your Rights and Obligations

• 1. You need to guarantee that you are a natural person over the age of 18 with full capacity for civil conduct, or a legal person or other organization legally registered and validly existing under the laws of your domicile and capable of performing your obligations under this Agreement.

• 2. You shall not take any action that will affect or damage the security of our system, or nor take any action that will damage the legitimate rights and interests of us or other third parties.

• 3. You shall not take any action that imposes or may impose an unreasonably or disproportionately large burden on our infrastructure.

• 4. You shall not interfere or attempt to interfere with the proper functioning of the Aurora Platform or any part of the Aurora Platform activities.

• 5. You shall not circumvent any measures we may use to block or restrict access to or protect the Aurora Platform.

• 6. You need to fully and completely read the Aurora Privacy Policy.

• 7. You need to formulate a privacy policy for Your End Users, whose standards shall not be lower than our privacy protection standards. The privacy policy of your App should substantially contain the following provisions: “Some of our services are provided by third-party partners. In the case of push services, in the process of providing such service, the third-party partner needs to be aware of your relevant personal information, namely IP address, device identifier, location information, software list to ensure the accuracy of data statistics. Another example is SMS/authentication services. In such case, personal information includes mobile phone number. Please refer to our privacy policy for more details. In order to provide you with better services, improve technology and enhance user experience, you understand and agree that we have the right to provide your personal information to third party partners to the extent necessary. We will only share your information for lawful, justifiable, necessary, specific, and explicit purposes and will only share the information necessary to provide the service. Our partners have no right to use the shared information for any other purpose. We will notify you and seek your consent in advance if we intend to use the personal information for other purposes not specified in this agreement. We will also notify you and seek your consent in advance when we intend to use information collected for a specific purpose for another purpose.”

• 8. If Your End Users withdraw the above authorization and permission, you shall take necessary technical measures to stop providing our services to Your End Users and immediately notify us in writing.

• 9. You promise and warrant that the data content you provide to us has a lawful source (including but not limited to having obtained full and effective authorization from the right holder), does not infringe upon the legitimate rights and interests of others (including but not limited to the right to privacy), and does not violate any laws and regulations. To further guarantee the content of this clause, you shall promptly provide us with relevant proof when necessary.

• 10. You shall guarantee the authenticity and validity of the personal information provided and such provision of information does not violate the legitimate rights and interests of any third-party organization or individual. If the information provided by you contains any error, false, outdated or incomplete information or infringes on the legal rights and interests of a third party, we have the right to suspend or terminate the services provided to you or restrict your use of some or all of the services provided by Aurora, and you shall be liable for all damages.

• 11. Without our written consent, you shall not authorize any third party to use the models and algorithms generated during our service.

• 12. You may not distribute, sell, resell, lease, license, sublicense or otherwise provide any information on the Aurora Platform or any user information to third parties.

• 13. You may not use any data mining, robotics or similar data collection and extraction tools to collect or mine information on the Aurora Platform or user information.

• 14. When using the Aurora Services, you should comply with the provisions of the Network Security Law, the Administrative Regulations on Internet News and Information Services and other relevant laws and regulations of the People’s Republic of China. You agree not to use our services for any illegal or improper activities, including but not limited to the following acts:

  • 14.1 Uploading, displaying, disseminating or otherwise transmitting information containing one of the following contents:

    1. 14.1.1 content that opposes the fundamental principles established in the Constitution;

    2. 14.1.2 content that endangers national security, leaks state secrets, subverts state power, or undermines national unity;

    3. 14.1.3 content that harms the honor and interests of the state;

    4. 14.1.4 content that incites ethnic hatred, ethnic discrimination or undermines ethnic unity;

    5. 14.1.5 content that undermines national religious policies, promotes evil cults or feudal superstitions;

    6. 14.1.6 content that disseminates obscenity, pornography, gambling, violence, murder, terror or abets crimes;

    7. 14.1.7 content that insults or defames others or infringes on the legitimate rights and interests of the others;

    8. 14.1.8 other contents prohibited by laws or administrative regulations.

  • 14.2 You shall not use the Aurora Services to engage in the following activities:

    1. 14.2.1 accessing computer information networks or using computer information network resources without permission;

    2. 14.2.2 deleting, modifying or adding functions of computer information network without permission;

    3. 14.2.3 deleting, modifying or adding data and applications stored, processed or transmitted in the computer information network without permission;

    4. 14.2.4 making or spreading computer viruses or other destructive programs on purpose;

    5. 14.2.5 other acts that endanger the security of computer information network.

• 15. You shall not reproduce, copy, sell, resell any part of the Aurora Services or the use of or any gain from Aurora Services for any other commercial purpose.

• 16. You undertake that Your End Users are aware of our collection, use, and disclosure of their personal information in accordance with this Agreement and the privacy policy. If Your End Users make a request to you regarding the subject of personal information related to Aurora, you are required to first verify the identity of the subject of personal information and the legality and authenticity of such request, and to promptly contact Aurora after deciding to respond to the request. After Aurora verifies your identity, as well as the legality and authenticity of the request, we will actively cooperate in responding to the request related to the subject of personal information and reply to you in a timely manner. In the event of a claim or complaint resulting from your unilateral failure to fulfill the obligations requested by the personal information subject, you shall be fully and solely responsible for the handling of the complaint or claim and the resolution of the dispute, and shall compensate us for all losses that may be suffered thereby.

六、 Intellectual Property

1. We retain the ownership and intellectual property rights of all contents on the Aurora Platform, including but not limited to images, text, website designs, graphics arrangements and any derivative works related thereto. Without our written consent, you shall not use, modify, copy, publicly disseminate, change, distribute, issue or publish any content on our platform.

2. We provide you with a non-exclusive, terminable, non-distributable, non-transferable license to access and use our platform to develop, test, and display your application only. This license is only limited to the People’s Republic of China (excluding Hong Kong, Macao and Taiwan for the purpose of this Agreement).

3. We agree that you may use our name, trade name, trademark, logo, domain name and other business identifiers in the process of commercial promotion of your partners. You agree that we use your name, trade name, trademark, logo, domain name and other business identifiers in the process of commercial promotion of our partners and take the cooperation content with you as a customer case for promotion. Under no circumstances shall either party engage in any matter that may affect the cooperation between the parties or infringe upon the other party’s reputation, intellectual property rights, privacy and other legitimate rights and interests.

4. You shall not delete, damage, cover up or modify the copyright notice, trademark or other proprietary marks of Aurora or its affiliates on the product.

5. We retain the ownership and intellectual property rights of all analysis reports, industry reports, crowd labels, crowd portraits and other data generated in the process of providing services. You can only make reasonable use of the data based on the agreement of specific services, and you should indicate that the data source is Aurora when making such reasonable use. You shall not use the foregoing data for commercial purposes without our written consent.

6. We shall have all rights to the operation data of Aurora Platform, including but not limited to login information, operation records, service ordering and other data. Without our written consent, you shall not save, use or authorize others to use the foregoing data.

7. With respect to the data we use and collect in the course of providing services for you, you agree and authorize us to enjoy a permanent, free, non-exclusive and sublicensable right worldwide, including but not limited to authorizing us to use the foregoing data for macro analysis and release or share the analysis results to third parties.

七、 Confidentiality

1. During your use of our services, if confidential matters are involved, the written agreement, commitment letter and other documents executed or reached by both parties shall prevail.

八、 Liabilities

1. If you use the services provided by our platform in violation of this Agreement, including but not limited to infringing the intellectual property rights of a third party by any means, or using any materials or information containing obscenity, defamation, libel, rumors, racism or information infringes on the right of name, reputation or privacy of others, resulting in any claim, lawsuit or other proceedings brought against us by any third parties, you shall indemnify and hold us harmless from all losses (including but not limited to legal costs, attorney’s fees, settlement fees and damages) incurred to us.

2. If Your End Users bring any form of claim or demand against us as a result of your breach of the above covenants, or cause us to be involved in legal or administrative procedures, you will be responsible for fully handling the lawsuit, defending for us, or cooperating to defend us at our request, so as to protect our interests from being harmed, and you shall indemnify us for the losses we may suffer as a result, including but not limited to legal costs, attorney fees, settlement fees and damages.

3. If you are found to have breached this Agreement, we shall have the right to directly delete the relevant information without prior notice, terminate or suspend the service provided to you, and require you to immediately cease to use or copy the relevant documents.

4. In case of any of the following circumstances, we shall have the right to terminate this Agreement or suspend our services, and require you to immediately delete the algorithms, models and data involved or terminate the acts that infringe upon the rights and interests of others.

• You access our platform, upload, publish information or improperly use our algorithms, models and data in violation of laws and regulations;
• Your behavior infringes on others’ privacy, trade secrets or other Users’ rights and interests.

In the event of any of the above circumstances, you shall assume all responsibilities in your own name and indemnify other Users or any third party for the losses caused by the infringement.

5. We have the right to review your behavior for breach of contract according to professional or non-professional standards. You agree and irrevocably acknowledge our review results and the evidence collected. You shall not be exempted from legal liability after we have dealt with your breach of contract in accordance with this Agreement or relevant agreements.

6. You shall be legally responsible for your actions in the course of using the Aurora Service. The form of the legal liability you may assume include but not limited to compensation to the person who has been infringed upon, and an equal amount of compensation to Aurora after Aurora has first assumed the liability for administrative penalties or tort damages caused by your actions. Under no circumstances shall Aurora be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages arising out of this Agreement.

九、 Disclaimers

1. We shall have the right to repair or maintain the platform or related equipment regularly or irregularly. If the network service is interrupted or suspended for a reasonable period due to such circumstances, we shall not be liable for such interruption or suspension.

2. We do not guarantee the accuracy, completeness, effectiveness and timeliness of relevant analysis reports, industry reports, crowd labels, crowd portraits and relevant data in our services, nor do we guarantee that our services can meet your needs. We will not be responsible for the results of any actions you make based on the use of our services.

4. We have the right but not the obligation to examine whether you have legal business qualifications. You agree to examine the business credit and qualifications of the opposite party to the transaction at your own risk, which we are not involved.

5. We only provide neutral Aurora Platform services. You should be responsible for the creation, modification, testing, operation and maintenance of your product functions, and bear the corresponding expenses. We will conduct technical review on your products, but we have no obligation to verify your service ability and quality. We shall not be deemed to be a co-provider of the products (or features) as a result of our review, and shall not assume any responsibility for your products (or features) as a result of our review.

6. If we are required to delete all or part of the models and data you feed into our platform in accordance with relevant laws and regulations, legal procedures, government mandatory orders or judicial decisions, we have the right to delete your relevant information without assuming any responsibility.

十、 Termination and Assignment of this Agreement

（一） Termination of this Agreement

• 1. When you stop using and no longer use our developer services, or in the case that we are unable to contact you within a reasonable time through the contact information provided by you, we will terminate the services provided to you.
• 2. When your behavior violates applicable laws and regulations, we have the right to terminate this Agreement or suspend our services and require you to stop your illegal behavior immediately.
• 3. In the event of force majeure, which makes it impossible for either of us or you to continue to perform relevant obligations, we will terminate the services provided to you.
• 4. In case of either party’s business suspension, cancellation or de-registration of business license, bankruptcy, deterioration of financial condition resulting in inability to fully perform its obligations under this Agreement, we will terminate the services provided to you.
• 5. Upon the termination of this Agreement, we have the right to decide whether to preserve any information you retain on our platform. You have no right to require us to retain for you or transfer any information in your Account to you or any third party.
• 6. The fees payable by you but not settled under this Agreement shall become due immediately upon the termination of this Agreement. The fees payable by you shall also include other expenses incurred to recover outstanding fees from you, such as the attorney fees. We may deduct the fees from your Account or through other methods of settlement, and you are responsible for any shortfall.

（二） Assignment of this Agreement

• 1. We are entitled to assign all rights and obligations under this Agreement to our affiliates. In case of such assignment, we will notify you through website announcement, in-site notice, email, etc.
• 2. Without our prior written consent, you shall not assign all or part of your rights, or all or part of your obligations under this Agreement.

十一、 Customer Service

If you have any doubts or other relevant issues while reading this Agreement, you can contact us by calling the number: 4008882376. Meanwhile, you can also send an email to: support@jiguang.cn for inquiries, and we will answer your questions in a timely manner.

十二、 Notice

All notices given by us to you under the terms and provisions of this Agreement can be made through website announcements, in-site notices, emails, etc., and such notices shall be deemed to have been served to the User on the date of sending.

十三、 Interpretation, Governing Law and Dispute Resolution of this Agreement

1. Aurora reserves the right to interpret the terms of this Agreement.

2. The execution, validity, performance, termination and interpretation of the terms and provisions of this Agreement shall be governed by the laws of the mainland of the People’s Republic of China (for the purpose of this Agreement, the laws of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region are not included).

3. This Agreement is entered into in Shenzhen, Guangdong Province, China. Any dispute or controversy with Aurora arising from this Agreement shall first be settled through friendly negotiation. If the negotiation fails, the parties hereby agree to submit the dispute to the People’s Court of Nanshan District, Shenzhen, Guangdong Province for litigation.

4. This Agreement is written and executed in Chinese and English. In case of any inconsistency between the two languages, the Chinese version shall prevail.