Terms of Service

Release Date: March 16, 2023

Effective Date: March 16, 2023

Preface

To use the Tuozong products and related services, please carefully read and fully understand all the terms of this agreement, especially those clauses that exempt or limit the liability of Tuozong, clauses that restrict your rights, provisions regarding dispute resolution methods and jurisdiction, as well as targeted or specific agreements or rules. Clauses related to limitations, exemptions, or other matters significantly affecting your rights will be highlighted with bold or underlined text for your attention.

Unless you have fully read, completely understood, and accepted all the terms of this agreement, please do not use Tuozong. By registering or logging in to use Tuozong, or by any other means of directly using it through account permissions, or by any express or implied acceptance of this agreement, you are deemed to have read and agreed to sign this agreement.

Unless otherwise agreed between Tuozong and you, this agreement shall become a legally binding document on both parties from the effective date stated at the beginning of this document.


Important Definitions

Tuozong: Tuozong is a multifunctional business development and collaborative office management tool integrating digital marketing solutions, provided by Tuozong (hereinafter referred to as "Tuozong" or "we").

Tuozong Enterprise User: Refers to individuals or organizations using Tuozong products and related services for office management, digital marketing, business development, and other purposes, including but not limited to legal persons, government agencies, other organizations, partnerships, or individual businesses (hereinafter referred to as "Enterprise Users").

Enterprise User Administrator: Refers to individuals designated by the enterprise user who have the authority to configure and manage all functions and services of Tuozong (hereinafter referred to as "Administrator"); the enterprise user administrator may, according to the enterprise user’s authorization and actual situation, upload personnel contact lists via Tuozong to build the enterprise user’s organizational structure, and invite people in the contact list to use Tuozong under the established structure. The administrator may also assign specific functional or service management permissions to other individual users as required by the enterprise user’s management needs.

Enterprise Organization End User: Refers to individuals invited by the enterprise user administrator according to the enterprise user’s authorization to use Tuozong (hereinafter referred to as "End User"); within the scope of this agreement, both enterprise organization end users and enterprise user administrators are included within the scope of Tuozong enterprise users.

Tuozong Personal User: Refers to individuals who register Tuozong accounts using their mobile phone numbers and verification codes and have not yet been clearly affiliated with any Tuozong enterprise user (hereinafter referred to as "Personal User").

User: Tuozong enterprise users and Tuozong personal users are collectively referred to as "Users," also referred to as "you."

Personal Information: refers to various information recorded electronically or by other means relating to an identified or identifiable natural person, excluding information that has been anonymized.

Sensitive Personal Information: refers to personal information that, once disclosed or illegally used, may easily cause harm to the dignity of the natural person or endanger their personal or property safety, including biometric data, religious beliefs, specific identities, medical health, financial accounts, location tracking, and other information, as well as personal information of minors under the age of fourteen.

Personal Information Processor: refers to the organization or individual who has the authority to decide the purpose and methods of processing personal information involved in the use of Tuozong. Specifically, in scenarios where Tuozong personal users are involved, Tuozong is the personal information processor. In scenarios where Tuozong enterprise users, their administrators, and end users use Tuozong, all relevant personal information processors are the Tuozong enterprise users; Tuozong acts only as a trustee, processing related personal information based on instructions, configurations, and operations from enterprise users and their administrators, including collection, storage, use, processing, transmission, provision, disclosure, and deletion.

Data Controlled by Enterprise Users: refers to data generated or involved during the use of relevant functions/services of Tuozong, enabled either by the unified settings of enterprise user administrators or autonomously operated by end users based on enterprise user needs, including personal information for which Tuozong enterprise users act as processors. You understand and agree that we will only process data controlled by enterprise users according to the instructions provided by the enterprise users (including agreements reached between enterprise users and us or operations executed by enterprise user administrators).


Article 1 General Provisions

1.1 Contracting Parties: This agreement is entered into by users who use Tuozong functions and related services through PC client, web applications, or mobile applications (APP), and Tuozong (hereinafter referred to as "Tuozong" or "we"). When mentioned individually below, you and Tuozong may be referred to as a "Party," and collectively as the "Parties."

1.2 Guarantee of Legal Operation: Both Parties guarantee that they have obtained legal operating qualifications or government approvals in accordance with relevant national regulations and have the right to lawfully operate their respective products or services. Both Parties further guarantee to maintain such qualifications or approvals throughout the validity period of this agreement. Tuozong provides you with various technical products and services according to the agreement or your authorization, but does not participate in your business or the operation of related websites, applications, software, or platforms. Any products, services, and related content on your websites, applications, software, platforms, etc., are operated and solely borne by you.

1.3 Applicable Legal Norms: The products or services provided by Tuozong promise compliance only with the laws, regulations, policies, and other requirements within the territory of the People's Republic of China (for the purposes of this agreement, excluding Hong Kong, Macau, and Taiwan). If you choose to use Tuozong or related services outside China, you should independently assess whether the products or services comply with local laws, regulations, policies, especially regarding data cross-border transfer, cross-border networking, licenses, or approvals; and you should ensure that all your business or non-business activities, related qualifications/licenses, and use of Tuozong comply with local laws, regulations, and policies.

1.4 Agreement Content and Effectiveness

1.4.1 The content of this agreement includes this main text and all privacy policies, other related policies, rules, statements, notices, warnings, tips, and explanations we have issued or may issue in the future (hereinafter collectively referred to as "Rules"), including but not limited to the "Tuozong Privacy Protection Policy." These Rules form an integral part of this agreement and have the same legal effect.

1.4.2 Regardless of the reason, if any part of this agreement is invalid or unenforceable, it shall not affect the legal validity of the remaining parts. If any provision of this agreement conflicts with the specific proprietary agreements or rules applicable to the product functions/services you use, the proprietary agreements or rules shall prevail. If this agreement conflicts with the terms of purchase contracts signed between you and Tuozong or its authorized distributors in specific projects, this agreement shall prevail.

1.4.3 Due to the real-time, complexity, and efficiency characteristics of the internet, as well as legal regulations, supervision requirements, policy adjustments, and other reasons, you agree that Tuozong may update this agreement’s main text or related rules from time to time. You understand that Tuozong requires a reasonable period to process your requests. For any losses you suffered before Tuozong took measures, or losses caused by reasons not attributable to Tuozong after the measures were taken, Tuozong shall not bear any responsibility. The updated agreement or rules will notify users via a red dot within the Tuozong client, or via announcements on the official Tuozong website (www.tuozong.com), which will take effect after the announcement period ends, or may be separately notified via email, SMS, system push messages, or internal messages. If you do not agree to the changes, you should immediately stop using Tuozong and related services; if you continue to use them, it means you have fully read, understood, and agreed to accept the revised and updated agreement.

Article 2 Account Registration, Use, and Management

2.1 Account Registration

2.1.1 Any user who uses Tuozong must legally have the necessary and appropriate capacity for rights and conduct, and must complete registration or obtain the right to use a Tuozong account through real-name authentication or other methods allowed by Tuozong, conscientiously complying with relevant regulations and restrictions during account registration, including but not limited to refraining from maliciously registering or using Tuozong accounts (such malicious registration behaviors include but are not limited to frequent registrations, bulk account registrations, abuse of multiple accounts, buying or selling Tuozong accounts, etc.).

2.1.2 You understand and agree that all types of registered accounts on Tuozong are owned by Tuozong After registration, you only obtain the right to use the account. The right to use a Tuozong account belongs only to the original registrant. Unless required by law, judicial ruling, or with written consent from Tuozong, your account and password shall not be rented, transferred, gifted, inherited (except property rights related to the account), or used by others in any way. Otherwise, Tuozong has the right to immediately reclaim the account. You shall bear all losses caused by data or information being cleared or lost due to such action.

2.1.3 Based on Tuozong’s functions and positioning, we primarily provide account registration and related functions/services to adult users. Particularly in enterprise user scenarios, enterprise users and their authorized administrators must obtain the consent of guardians before inviting underage end users to register and use Tuozong, verify the true identities of the authorized/managing underage end users and their guardians through ID verification, and pay special attention to protecting the legitimate rights and interests of minor end users’ personal information throughout the authorized use period.

2.2 User Information

2.2.1 Users shall fill in and submit true, lawful, and valid information as required (collectively “User Information”), including but not limited to user name, contact person, email address, and phone number. You agree to submit documents such as business licenses, qualification permits, or business-related descriptions as required by Tuozong, to enable it or its authorized third parties to verify your identity in accordance with laws and regulations, or to verify the authenticity and legality of your business conducted through Tuozong when necessary. If such User Information changes, you shall promptly notify Tuozong in writing or update it yourself according to Tuozong’s rules.

2.2.2 Users shall ensure that their registered account name, avatar, profile, and other information do not contain illegal or inappropriate content, do not impersonate others, and do not use others’ names, images, or trademarks/labels without authorization. Users guarantee that throughout the account usage period, their information does not infringe upon the legal rights of others.

2.3 Account Usage Norms: When logging into a Tuozong account and using related functions/services, users shall consciously bear the legal obligations related to the account owner, including but not limited to not using the Tuozong account or any functions/services to conduct activities violating laws, regulations, or policy requirements, not interfering with Tuozong operation or Tuozong’s operation and management of Tuozong by any technical means, nor maliciously circumventing or opposing related functions/services rules.

2.4 Account Security Protection

2.4.1 The account serves as the identity identification basis for users using Tuozong. You should take necessary and effective protective measures for your account name, password, and account security (including but not limited to effective access control, setting strong passwords, and regularly changing them).

2.4.2 If you discover that others have stolen your account and password, or have obtained your account usage rights without your lawful authorization, you should immediately notify Tuozong through effective means and provide necessary materials (such as user information, situation explanation, proof materials, and specific requests). Tuozong, after receiving your valid notification and verifying your identity and facts, will handle it according to laws, regulations, and the agreement/rules. You shall bear related responsibilities and consequences arising from such handling. If your provided materials are flawed, causing Tuozong to be unable to verify your identity or ascertain your request in time, resulting in losses to you, you shall bear the consequences. You also understand that Tuozong requires a reasonable time to process your request. For losses suffered before measures are taken or losses caused by reasons not attributable to Tuozong after measures are taken, Tuozong shall not bear any responsibility.

2.5 Account Management

2.5.1 In addition to protecting account security, you should establish and improve internal management systems to regulate the use and management of accounts. If any user actually violates this agreement or other related rules or agreements, you have the obligation to immediately notify us and take appropriate actions to stop and correct the related violations/breach behaviors, and assume full responsibility for them.

2.5.2 You understand and agree that Tuozong, as the operator of Tuozong, has the right, in accordance with relevant laws or this agreement and other related provisions, to take necessary measures including but not limited to restricting, suspending, or terminating access to or use of Tuozong or other related services, when any user violates this agreement or other related rules/agreement provisions or when disputes regarding account permissions arise, in order to ensure the security and effective operation of Tuozong as much as possible; Tuozong also has the right to independently evaluate and establish a credit management system for user accounts and provide services or other related rights protections based on the credit rating during the account usage period.

2.6 Administrator Representations and Warranties

2.6.1 If you register a Tuozong account as an administrator authorized by an enterprise user and assist other end users in account registration within the administrator’s authority, and manage the account registration and usage behaviors of end users within your administrative scope, you shall ensure that all related management actions have obtained the legal, valid, and sufficient authorization of the enterprise user. You shall conscientiously perform all duties in accordance with this agreement and the real needs or intentions of the enterprise user, including but not limited to managing account registration and usage regulations, account security protection, and information content and other related norms during account usage. Tuozong is entitled to reasonably presume that the actions taken by administrators within their authority represent the respective enterprise users, and has the right to hold the enterprise user responsible if the administrator neglects to perform obligations under this agreement.

2.7 Account Permission Restrictions and Termination

2.7.1 Account Cancellation

Enterprise user administrators can cancel an enterprise user via the mobile client interface [Me - Company Management - Cancel Company] following the prompts. Enterprise organization end users or Tuozong personal users can cancel their Tuozong accounts via [Me - Company - Unbind Company] on the mobile client following the prompts, except where corresponding restrictions or approval procedures were set by your enterprise user when inviting/authorizing you as an end user. Additionally, account cancellation must meet the following conditions:

2.7.1.1 The account is in normal status, not involved in any disputes (including complaints or reports), and is not subject to restrictions by authorized agencies;

2.7.1.2 There are no unfinished transactions in the account;

2.7.1.3 There are no other unsettled rights or obligations or potential disputes caused by account cancellation;

2.7.1.4 There are no other circumstances that may affect account cancellation.

Tuozong will cease to provide all functions and services of Tuozong to users who have officially cancelled their accounts. After account cancellation, we will properly handle related data in accordance with relevant laws and regulations and agreements with you or your enterprise user (if any).

2.7.2 To protect account security, Tuozong has the right to independently detect abnormal access behaviors and take corresponding measures. For example, for accounts that have not logged in for a long time or have no access records for a long time after registration, Tuozong has the right to restrict login functions to protect account security. Users need to reactivate their accounts to use them normally, with reactivation methods including but not limited to SMS verification codes.

2.7.3 If users violate relevant provisions of this agreement or other mutually agreed account usage license termination or suspension conditions, Tuozong has the right to reclaim or terminate the license for your account.

Article 3 Product Features and Services

3.1 Service Content

3.1.1 Tuozong may provide users with finely segmented and flexibly integrated functional services to meet different scenario needs through PC client, web applications, or mobile apps (APP), such as instant messaging services, online storage (cloud drive) services, as well as intelligent customer acquisition, refined customer management, deal management, business follow-up, collaborative office and other functional services. Regarding the services provided by Tuozong, Tuozong enterprise users, enterprise user administrators, and enterprise organization end users understand and agree that Tuozong enterprise users have the right to manage the behavior, related data, and rights of administrators and end users using Tuozong based on enterprise operation management, human resources management, and internal information security control needs, including but not limited to adding, deleting, or adjusting relevant permissions, service content, or data. Administrators and end users shall comply with this agreement and also comply with internal systems, rules, or other requirements issued by the enterprise users when using Tuozong’s related functional services.

Specifically, the settings and operations performed by administrators under the authorization of the relevant enterprise user represent the enterprise user’s actions. Enterprise users shall be responsible for managing the administrators’ permissions and behaviors. If an end user has any objections to the administrator’s settings or operations, please contact the responsible personnel of the enterprise user for feedback and handling. Except as otherwise provided by law, Tuozong assumes no responsibility to enterprise users or end users personally for the authorization relationship between enterprise users and administrators, or for the control and related rights disposal actions by enterprise users or administrators over end users.

3.1.2 This agreement applies only to the functions and other related services provided by Tuozong, and does not apply to any third-party services provided through the Tuozong web or client, such as any applications, mini-programs, H5 or other forms created via Tuozong’s open platform data application programming interfaces (APIs), or services integrating third-party SDKs or calling third-party API data interfaces (collectively “third-party services”). Before choosing to use third-party services, you should fully understand and independently confirm acceptance of the applicable agreements or rules of such third-party services. If you add web applications independently on Tuozong, or choose to activate cloud telephone (SIP line) services or AI customer acquisition services, these are considered third-party services as described above.

3.2 Fee Description

3.2.1 Users shall confirm the relevant fee standards, payment methods, and other fee-related matters before using the related functions or services of Tuozong, and formally activate only after confirming and agreeing. Users should also note that you shall bear your own costs such as internet fees, data traffic fees, and other communication or information fees charged by third parties when using Tuozong functions and services.

3.2.2 Tuozong may provide promotional products/services to users during specific periods through “limited-time free,” “limited-time discount,” “limited quantity discount,” “recharge discount,” and other means for marketing activities or product promotion. Users understand and agree that these discounted products/services may be conditionally offered or only available to specific users, and shall not be deemed as Tuozong waiving its right to charge for such products/services. Tuozong has the right to notify users of specific fee standards and methods three days in advance through Tuozong, its official website, or other effective ways. After the notification takes effect, users should pay the corresponding fees to continue using the related products/services.

3.2.3 Especially for users who enjoy free trials or experiences of Tuozong’s related functions or services, Tuozong reserves the right to independently decide and adjust the types and duration of functions/services available for free use (reserving the right to charge for any functions/services not explicitly stated as free in writing) and will only provide corresponding technical support and guarantees within the scope prescribed by law or clearly declared by Tuozong Tuozong reserves the right to stop providing all functions/services to free trial/experience users with prior notice. Users understand and agree that all product or service operation and maintenance incur certain costs; if users make demands beyond the scope of free functions/services provided by Tuozong (including but not limited to accessing or exporting relevant usage data), Tuozong has the right to independently assess the reasonableness of such demands, required response time, or other necessary conditions, and may require users to bear reasonable costs to satisfy their demands.

3.3 Technical Support and Guarantees

3.3.1 During your use of Tuozong, to ensure the safe and stable operation of all functions and related services, Tuozong will strive to provide comprehensive operation and maintenance management and will endeavor to develop and continuously optimize relevant functions/services based on user needs and usage.

3.3.2 Tuozong’s functions/services may have dedicated Service Level Agreements (SLA) for different application scenarios. The technical support and guarantees available for specific functions/services shall be subject to the applicable SLA (if any).

3.4 Usage Restrictions

3.4.1 Content Standards

During your use of Tuozong, you promise to abide by the constitution and laws, comply with public order, respect social morality, and shall not produce, copy, publish, or disseminate information containing the following content, nor intentionally provide technical support or any convenience/assistance for producing, copying, publishing, or disseminating such content:

3.4.1.1 Opposing the basic principles established by the constitution, endangering national security, honor and interests, leaking state secrets, inciting subversion of state power, overthrowing the socialist system, inciting national division, undermining national unity;

3.4.1.2 Promoting terrorism, extremism, ethnic hatred or discrimination, undermining ethnic unity, undermining national religious policies, promoting cults and feudal superstitions;

3.4.1.3 Fabricating or spreading information that disrupts the financial market or economic order;

3.4.1.4 Fabricating or spreading information about dangers, epidemics, police situations, natural disasters, production safety, food and drug safety, or other social disorder;

3.4.1.5 Impersonating or falsely claiming to be state organs, social organizations and their staff or other legal persons, or spreading information under others’ names for illegal or criminal purposes;

3.4.1.6 Spreading information inciting illegal assemblies, associations, parades, demonstrations, or other disruptions of social management order or social stability;

3.4.1.7 Disseminating obscene, pornographic, violent, gambling, murder, terror-related information, as well as inciting crime, teaching crime methods, manufacturing or trafficking prohibited or controlled items, fraud, and other illegal or criminal activities;

3.4.1.8 Insulting or defaming others, infringing on others’ reputation, privacy, intellectual property rights, or other lawful rights, and harming minors’ physical and mental health or growth;

3.4.1.9 Other information prohibited by laws or administrative regulations.

3.4.2 Software Usage Norms

During your use of Tuozong, you promise not to engage in or assist/instruct others to engage in the following behaviors:

3.4.2.1 Spreading software viruses or other computer codes, programs, or related materials that may interfere with, damage, or limit the functionality of any computer software, hardware, or communication devices through uploading, public posting, or targeted sending;

3.4.2.2 Illegally intruding into, damaging, interfering with, altering, or attempting to alter the operation or connection of Tuozong’s related functions, software, server systems, or networks by technical means, or modifying, adding, deleting, stealing, intercepting, replacing data in Tuozong’s client or server systems, or illegally occupying Tuozong’s server space, or engaging in other acts causing overload operation;

3.4.2.3 Unauthorized scanning or other methods to discover/detect potential vulnerabilities or defects in Tuozong software or server systems, publishing vulnerabilities or defects in violation of laws, or exploiting such vulnerabilities or defects to harm Tuozong and Tuozong;

3.4.2.4 Producing, publishing, or disseminating software, media, or methods for the above purposes, regardless of whether such actions are commercial in nature.

3.4.3 Other behavioral norms: During the entire period of using Tuozong, users shall always act cautiously, strictly avoid engaging in any behaviors violating the “seven bottom lines” requirements, including laws and regulations, the socialist system, national interests, legitimate rights and interests of citizens, public order, social morality, and information authenticity, and shall not engage in any actions infringing the legitimate rights of other users or third parties, interfering with Tuozong’s normal operations or product functioning, or other acts not expressly authorized by Tuozong Users also promise not to provide any convenience or assistance to others in the aforementioned actions.

3.4.4 Violation handling rules

Users agree and accept that Tuozong has the right to continuously monitor and review their use of Tuozong’s functions and related services. If Tuozong discovers any violation of the provisions in Section 3.4 or receives complaints or doubts from third parties regarding illegal or infringing behavior by users, it has the right to verify or investigate the relevant behaviors or information and take corresponding measures according to the situation, including but not limited to immediately suspending or terminating the use of relevant functions/services, deleting relevant information, and reporting to relevant authorities. When necessary, Tuozong may require users to submit relevant explanations or proof materials within a specified period, which users agree to cooperate with. Tuozong shall bear no legal liability for any losses caused to users due to such measures and reserves the right to pursue legal liability and claim all losses suffered (including investigation fees, litigation/arbitration fees, attorney fees, and any business losses or claims arising therefrom).

3.5 Service Suspension and Termination

3.5.1 To provide users with better and higher-quality products/services, Tuozong has the right to regularly or irregularly perform inspections, maintenance, upgrades, and optimizations of Tuozong applications or related infrastructure/equipment, systems, software, etc. (collectively “routine maintenance”). If routine maintenance causes interruption or suspension of Tuozong’s functions/services for a reasonable period, Tuozong is not liable to users for breach or damages. However, it shall notify users in advance of routine maintenance. If extraordinary maintenance is required due to force majeure or faults of basic operators, Tuozong will notify users as promptly as possible.

3.5.2 To ensure the security and stability of products/services, Tuozong may carry out major adjustments such as data center or data migration, equipment replacement, etc. Such adjustments may cause reasonable interruptions or suspensions of related functions/services, for which Tuozong is not liable for breach or damages. However, it shall notify users in advance, and users should cooperate. If users do not cooperate or cannot be contacted, resulting consequences shall be borne by users themselves.

3.5.3 Tuozong has the right to adjust or terminate part or all functions/services of Tuozong at any time according to its operational arrangements (including but not limited to taking functions/services offline, iteration, integration, etc.). However, it shall notify users at least 30 days in advance to allow users to prepare for data transfer, backups, or business adjustments, minimizing unnecessary costs or losses.

3.5.4 Users understand and agree that upon the fulfillment of the conditions for service suspension or termination agreed between Tuozong and users through this agreement or other means, Tuozong has the right to suspend or terminate services by sending unilateral notice:

3.5.4.1 Conditions for service suspension include but are not limited to: users refusing to accept updates to this agreement or other related rules, users not timely renewing after the license period expires, or temporary inability to use related functions/services caused by other reasons attributable to users;

3.5.4.2 Conditions for service termination include but are not limited to: users failing to renew fees after a certain period, users violating obligations under this agreement causing failure to meet necessary conditions to use related functions/services, or users violating laws causing actual damage to Tuozong

Article 4 Rights and Obligations of Both Parties

4.1 Regarding the Tuozong-related functions and services provided to users by Tuozong, Tuozong grants users a non-transferable, non-exclusive, non-sublicensable, and revocable license under the terms and conditions of this agreement. Except as expressly granted herein, all other rights remain reserved by Tuozong, and users must obtain written permission from Tuozong before exercising such rights. Failure of Tuozong to exercise any such rights shall not constitute a waiver of those rights.

4.2 Users shall pay fees according to the charging rules of Tuozong functions and services, and use Tuozong in compliance with related rules and restrictions. Unless otherwise stated, users' use of Tuozong’s functions and services under this agreement is limited to non-commercial purposes. Users undertake not to copy, duplicate, sell, resell, or use any part of Tuozong’s functions or services for any commercial purposes, including but not limited to advertising.

4.3 Tuozong shall provide Tuozong functions/services to users according to the signed contracts, this agreement or related rules, and users’ configurations or other authorizations/instructions, and will continuously strive to develop and maintain the services to better meet users’ needs and improve user experience. Tuozong may update products through software replacement, modification, function enhancement, version upgrades, etc., and will notify users of such updates via pop-ups or announcements when necessary.

4.4 To enrich the value of users' use of Tuozong and continuously improve user experience, we may push featured event notifications and various demand or usage surveys to users via pop-ups. The frequency of such proactive pop-ups will not exceed once per month, though it may increase based on users’ voluntary feedback to better meet user needs.

4.5 Users commit to comply with applicable export control and economic sanctions laws and regulations of the United Nations, China, the United States, the European Union, and other countries, and guarantee that neither themselves nor their associated enterprise users are subject to trade restrictions, economic sanctions, or other legal limitations imposed by any country, region, or international organization. Users shall not directly or indirectly provide Tuozong’s functions or related services to sanctioned countries/regions or entities or individuals on restricted lists under applicable export control or economic sanctions laws, nor use the services for prohibited purposes. Otherwise, Tuozong reserves the right to immediately terminate services and claim all losses incurred.

4.6 Confidentiality Obligations of Both Parties:

4.6.1 Confidential Information refers to all technical and non-technical information disclosed by one party to the other (including but not limited to product or service pricing or marketing plans, business planning and strategy, customer lists and information, financial information, product development details, or related technical solutions).

4.6.2 Each party agrees to keep the other party’s Confidential Information confidential and strictly restrict access to personnel who comply with these confidentiality obligations. Except when compelled by law or when the Confidential Information has already become public, the recipient shall not disclose such information externally.

4.6.3 Both parties acknowledge that their respective business data and other information are important assets and key confidential information, and agree to make best efforts to protect such Confidential Information from disclosure. If any risk, potential, or event of information leakage arises, both parties shall cooperate to take all reasonable measures to avoid or mitigate damages.

4.6.4 The confidentiality obligations stipulated herein shall survive the termination of this agreement.

Article 5 Data Processing Statement

5.1 Specific situations where Tuozong directly processes or is entrusted to process data involved in users’ use of Tuozong — including but not limited to data types, processing purposes and methods, and data security protection — will be explained centrally to users through the "Tuozong Privacy Protection Policy."

5.2 In the scenario of individual users using Tuozong, Tuozong shall act as the data processor and process all data, including relevant personal information, during the use of Tuozong for the purpose of providing required functions/services to individual users.

5.3 In scenarios where Tuozong enterprise users and their administrators and end users use Tuozong, Tuozong acts solely as a trustee and will provide corresponding functions/services according to the enterprise user’s purchase and configuration of specific functions/services and security management requirements. Based on this, Tuozong processes enterprise user-controlled data (including relevant personal information) entrusted for providing such functions/services. The parties hereby make the following special agreements:

5.3.1 Users understand and agree that personal information of citizens of the People’s Republic of China, as well as legitimate rights related to personal computers or electronic data owned by individuals, are protected by law. Therefore, if your use of Tuozong’s products/services involves processing personal information or personal assets of Tuozong end users or other individuals, you shall ensure that no personal rights or property rights are infringed. For example, when collecting and processing personal information, except personal information belonging to the administrator themselves which can be authorized when signing this agreement, users must ensure that explicit consent has been obtained from other relevant individuals and, on that premise, authorize Tuozong to provide products and services under this agreement. You shall be solely responsible for any consequences arising from violating this guarantee.

5.3.2 As stated above, since Tuozong only provides functions/services according to users’ authorized entrustment and processes the corresponding data, it does not assume responsibility for reviewing the content of entrusted data. Users shall be solely responsible for the legality of the content. If users use Tuozong’s functions to carry, spread, or publish any data content violating laws, regulations, departmental rules, or national policies, users shall bear all consequences and liabilities. Furthermore, system logs or other relevant records retained by Tuozong may be used as evidence of legal violations.

5.3.3 Since Tuozong may provide data analysis services based on entrusted data and feedback analysis results to users, users understand and agree that the analysis results are for users’ reference only and are not guaranteed for suitability or guidance for other uses. Users should note that some data analysis results may contain intellectual property or other legal rights belonging to Tuozong, which are only authorized for users’ reference and not for other purposes or authorized/provided to third parties.

5.4 Users shall back up related data of using Tuozong according to their own needs. Although Tuozong will retain logs and necessary data during provision of functions/services, it only retains such data according to local laws or user authorization and in accordance with data minimization principles, and does not bear responsibility for users’ data backup work or results. If users require assistance in exporting, querying, or retrieving data, Tuozong may require users to bear reasonable costs related to data processing and maintenance, except where special agreements on data backup or related handling have been made.

Article 6 Intellectual Property Rights

6.1 Tuozong, as the owner of the intellectual property rights contained in the products/services provided to you, legally enjoys related copyrights, trademark rights, patent rights, and other intellectual property rights as well as protection under trade secret laws. Intellectual property is a valuable intangible asset on which Tuozong's business depends. It is embodied both in the solutions of the products or services you use from Tuozong, and in the brand image such as trademarks and logos recognized by users. Tuozong promises users that for products or services legally authorized and used within China, Tuozong holds independent and complete intellectual property rights without any defects that infringe on third-party rights.

6.2 Meanwhile, you understand and agree that during the use of products or services of Tuozong, you shall not infringe in any way upon the intellectual property rights or other lawful rights of Tuozong, including but not limited to not implementing, licensing, or transferring such intellectual property for commercial or non-commercial purposes without Tuozong's written consent; not copying, modifying, disassembling, decompiling, reverse engineering, or otherwise attempting to access or extract source code from the software or hardware products provided to you; not circumventing or undermining technical measures for protecting intellectual property; and not unauthorizedly modifying, destroying, or hiding trademarks or logos marked on Tuozong's products or system platforms. Tuozong reserves the right to pursue any legal rights regarding intellectual property infringement.

6.3 You understand and agree to authorize Tuozong to use your name, trademarks, and logos in promotional and marketing activities, but only to indicate that you are our client or partner.

Article 7 Limitation of Liability and Disclaimer

7.1 You understand and agree that during your use of Tuozong, the functions/services may be interrupted under the following circumstances. Tuozong will cooperate promptly with relevant units to repair, but cannot bear any losses you suffer due to these situations:

7.1.1 Force majeure factors, including but not limited to natural disasters, government actions, issuance or adjustment of laws and regulations, strikes (excluding internal labor disputes), unrest, or other unforeseeable, unavoidable, and insurmountable objective circumstances;

7.1.2 Impact from basic operators’ services, including but not limited to technical adjustments by telecom departments, telecom/power line damage caused by others, installation, renovation, or maintenance of telecom networks or power resources by telecom/power departments;

7.1.3 Network security incidents, such as computer viruses, Trojans, other malicious programs, or hacker attacks;

7.1.4 Use of Tuozong’s functions or services through methods not permitted by Tuozong, or maloperations, account loss or theft, or failures of your computer software, systems, hardware, or communication lines causing dysfunction;

7.1.5 Other circumstances beyond Tuozong's fault and beyond its control or reasonable foreseeability.

7.2 If due to the particularity of the business you operate/manage, your use of Tuozong requires authorization or permission from a third party, you shall guarantee you have met such preconditions. Tuozong will accept your commission to provide products or services under this agreement based on your guarantee, and shall bear no joint liability for your breach of agreements with third parties or infringement of third-party rights.

7.3 You understand and acknowledge that Tuozong and Tuozong remain independent of third-party products, services, or other businesses or content. For the legality, reliability, applicability, or quality of software/hardware, plug-ins, tools, or advertising/promotional information provided by third parties (commercial or non-commercial), you shall make your own judgments and be responsible for your own decisions. Except as required by law, Tuozong shall not be liable for any losses or damages caused by such third-party products/services/information.

7.4 Meanwhile, you should understand that based on the functions/services provided by Tuozong, other users may misuse it to commit fraud (including but not limited to sending fraudulent messages, remotely controlling to perform fraud-related operations), gambling, prostitution, illegal lending, and other illegal acts. In such cases, Tuozong will fully cooperate with police or regulatory authorities for investigation and evidence collection and take measures to reduce losses. However, as the product and technical service provider, Tuozong cannot predict or control the occurrence of such events. Therefore, users should remain vigilant and cautious during use to prevent risks arising from potential illegal activities conducted using Tuozong.

7.5 You understand and agree that the products and services provided by Tuozong are offered based on the current technology and conditions. Tuozong will make its best efforts to provide high-quality products/services, but due to industry technological limits or other objective factors, it cannot guarantee the products/services are flawless or fully meet your business needs. Therefore, except for any express warranties made in specific scenarios, Tuozong makes no commitments or guarantees regarding the effectiveness, completeness, accuracy, reliability, or timeliness of the provided technologies or information, and assumes no liability. If technical or other issues arise beyond the parties’ commitments or understanding, both parties may seek solutions through friendly cooperation.

7.6 Under no circumstances shall Tuozong be liable for any indirect, punitive, incidental, or special damages, including but not limited to loss of profits, loss of interest, business interruption, damage or loss of data or other assets.

7.7 The total liability of Tuozong for breach of contract or loss compensation arising from violation of the applicable terms or rules in providing products/services shall not exceed the total fees charged for the corresponding products/services.

Article 8 Effective Notices

8.1 You shall ensure and maintain the truthfulness and validity of user information (including but not limited to phone numbers, email addresses, and other contact information). If any falsehood or invalidity of user information results in your inability to timely receive business notifications, function/service reminders, technical support, dispute coordination, violation penalties, or other information, you shall bear the corresponding responsibility.

8.2 Unless otherwise agreed by both parties, you shall send notices to Tuozong according to the contact information published on this agreement or Tuozong’s official website.

8.3 Tuozong may send you notifications, alerts, verification messages, marketing information, and other related messages regarding products/services (including but not limited to updated user agreements, related rules, product/service upgrades, data center shutdowns, advertisements, etc.) via one or more of the following means: web announcements, system notifications, internal messages, emails, SMS, instant messaging tools, letters, etc. The above information shall be deemed delivered under the following circumstances (if the delivery date falls on a statutory holiday, the first working day after the delivery shall be deemed the delivery date):

8.3.1 When delivered by a dedicated courier, upon recipient’s signature.

8.3.2 When published via web announcements or similar means, once published (unless otherwise specified).

8.3.3 When sent electronically (including system notifications, internal messages, emails, SMS, instant messaging tools, etc.), upon successful sending.

8.3.4 When delivered by prepaid express courier or registered mail, on the 3rd calendar day after mailing.

Article 9 Governing Law and Dispute Resolution

9.1 This agreement is concluded in Yiwu City, Jinhua, Zhejiang Province.

9.2 The formation, effectiveness, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws of the People’s Republic of China (excluding the laws applicable to Hong Kong, Macau, and Taiwan for the purpose of this agreement). If there is no relevant legal provision, applicable commercial practices and customs may be referred to.

9.3 In case of any dispute or disagreement between you and Tuozong, the parties shall first attempt friendly negotiation; if negotiation fails, you agree to submit the dispute to the competent people’s court at the place where this agreement is signed.

Article 10 Miscellaneous

10.1 The titles of all clauses in this agreement are only for convenience and overview purposes, and shall not be used independently as a basis for interpreting the content of the clauses.

10.2 This agreement is written in Chinese; other languages are for reference only. In case of any conflict between different language versions, the Chinese version shall prevail.

10.3 During your use of Tuozong, you may contact us for technical support or other inquiries via [Mobile App - Me - Help & Feedback - Feedback] or by email at the following address. Our contact information is as follows:

Contact Department: Tuozong Legal Affairs Center

Email: fawubu@tuozong.com

Generally, we will respond with feedback or results within 7 days after receiving your message and verifying your identity.


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