Terms of Service

 

Last updated: July 28, 2023

Effective date: July 28, 2023

 

Welcome to use this APP and service!

 

To use the APP and the Service, you shall read and abide by this User Agreement. This Agreement is an effective agreement between Zhili Company (hereinafter referred to as "Zhili" or "We") and all users for the use of the APP and related services.

 

When we say “Zhili,” “we,” “us,” and “our” in these terms, we mean Zhili Inc., its subsidiaries, and its related companies.

 

Please be sure to read carefully and fully understand the contents of each clause, especially those that exempt or limit liability. Please read, understand and agree to this Agreement before using the APP. Your download, installation, registration, login or any use of the App shall be deemed to have read and agreed to all terms of this Agreement and be bound by this Agreement.

 

1. Scope of agreement

 

1.1 This Agreement is an agreement entered into between you and Zhili concerning your downloading, installation and use of the APP and the use of the APP related services.

 

1.2 Contents of this Agreement also include the privacy policy of the APP, which is an integral part of this Agreement and constitutes a unified whole.

 

1.3 This Agreement includes the agreements and business rules related to individual functions of the APP that Zhili may release in the future. Once officially released, the above contents shall constitute an integral part of this Agreement, and you shall also carefully read and be bound by the above contents.

 

2. About the APP

 

2.1 To use the APP, you need to register an account and download the APP client. Zhili will provide you with the function description of the APP and make its due efforts to ensure the normal operation of the APP.

 

2.2 The APP client includes but is not limited to iOS, Android and other application versions (the version provided by Zhili shall prevail). You must select the software version that matches the installed terminal device. Zhili will constantly update the application version, and this agreement automatically applies to all versions of the software and services you use.

 

2.3 You may download the APP through Zhili's official download channel or Zhili's authorized app store. If you do not download, install or use the APP in the above way, Zhili does not guarantee that the APP can be used normally, and any loss you suffer as a result has nothing to do with Zhili.

 

3. Account management

 

When using the APP or related services, you can choose whether to register an account or not according to your needs. You shall comply with the following requirements when registering an account of the APP for use:

 

3.1 You shall ensure that the registration information is true, accurate, legal and valid, including but not limited to your account name, password, email, contact phone number, account security Settings and other information. If there is any change, you shall update in time to ensure that you can be contacted. If your registration information is untrue, incomplete or illegal, certain features may be restricted or notifications may not be received.

 

3.2 You shall, in accordance with laws and regulations and service requirements, accurately provide and timely update your user information according to the prompts on the corresponding pages to make it true, timely, complete and accurate. You promise that you shall not impersonate others for registration, shall not register for others without permission, shall not register an account in a way that may mislead other users, and shall not register with a user name that may infringe others' rights and interests (including but not limited to suspected infringement of trademark right and reputation right, etc.), otherwise Zhili has the right to cancel the account.

 

3.3 After you fill in the information as prompted on the registration page, read and agree to the Agreement and complete all registration procedures, you can obtain the APP account and become a registered user, through which you can experience more high-quality services of Zhili.

 

3.4 After your successful registration, Zhili will give you a user account, and you can set the password of the account. You are responsible for the user account and password. You are responsible for properly keeping the registered account information and account password security, and you shall take legal responsibility for all activities and events conducted with this user account.

 

3.5 You are fully aware and understand that when you complete the registration procedure or actually use the APP Service, you should be a natural person, legal person or other organization with full capacity for civil rights and capacity appropriate to the civil acts you engage in. Zhili shall have the right to recover from you any loss caused by your behavior. If you register or actually use the APP Services on behalf of a company or other legal entity, you represent and warrant that you have the right to bind such Company or such legal entity to this Agreement.

 

3.6 Even without your authorization, you are still responsible for all access and use of the APP using your account and password. If you believe that your account has been compromised, lost or stolen, or that you believe that an unauthorized third party is or may attempt to access or use the APP through your account, please notify Zhili immediately at 1-833-629-4832.

 

3.7 If you use the APP and the Service to engage in any activities restricted or prohibited by laws, regulations or this Agreement, Zhili shall have the right to suspend or terminate the use of the account, pursue legal liability and other measures without notifying you, and you shall bear the loss that may be caused.

 

3.8 If you decide to terminate the use of the APP and service, you can cancel your account according to the prompts in the relevant operation guidelines. You agree that, before the cancellation of all your use of the Products and Services and consequences, assume the corresponding responsibilities.

 

4. User behavior norms

 

4.1 When using the services of the APP, you must comply with data protection Law and other relevant laws and regulations as well as provisions related to information security protection. You agree that you will not use the APP or related services for any illegal or improper activities.

 

4.2 You understand and agree that you shall not use the APP and the Service to make, copy, publish or disseminate the following contents that interfere with the normal operation of the APP or infringe on the legitimate rights and interests of other users or third parties, including but not limited to:

 

Publishing, transmitting, disseminating or storing contents in violation of State laws and regulations;

 

Publishing, transmitting, spreading or storing contents that infringe upon others' right of reputation, right of portrait, intellectual property, trade secret and other legal rights;

 

Involving the privacy, personal information or data of others;

 

Publishing, transmitting and disseminating harassing, advertising, over-marketing and spam messages;

 

Other information that violates laws and regulations, policies, public order and good customs, social morality, or interferes with the normal operation of the APP and infringes on the legitimate rights and interests of other users or third parties.

 

4.3 Unless permitted by law or Zhili's written permission, you shall not engage in the following behaviors when using the APP:

 

Delete copyright information on the APP and its copies;

 

Reverse engineering, reverse assembly, reverse compilation of the APP, or otherwise attempt to discover the source code of the APP;

 

Use, rent, lend, copy, modify, reprint, compile, publish and publish the intellectual property of Zhili;

 

Copy, modify, add and delete the APP or the data stored in the memory of any terminal during the APP's operation, the interaction data between the client and the server during the APP's operation, and the system data necessary for the APP's operation. Forms of access to the APP and related systems include but are not limited to using plug-ins, plug-ins or third-party tools/services not authorized by Zhili;

 

Log in to or use the APP and services through third-party software, plug-ins, plug-ins and systems not developed or authorized by Zhili;

 

To interfere with the APP and its components, modules and data by itself or by authorizing others or third-party software.

 

4.4 If Zhili finds or receives other people's reports or complaints about your violation of this Agreement, Zhili shall have the right to delete or screen relevant contents at any time without notice, and impose penalties on the account violating the agreement, including but not limited to warning, restricting or prohibiting the use of part or all functions, account banning until cancellation, and announce the result.

 

4.5 You understand and agree that Zhili shall have the right to punish any violation of relevant laws and regulations or provisions of this Agreement based on its reasonable judgment, take appropriate legal actions against any user violating the laws and regulations, and save relevant information according to laws and regulations to report to the relevant authorities. Users shall bear all legal liabilities arising therefrom alone.

 

4.6 Zhili respects and protects the intellectual property rights, reputation rights, name rights, privacy rights and other legitimate rights and interests of users and others. You guarantee that you will not infringe any third party's intellectual property rights, reputation rights, name rights, privacy rights and legitimate rights and interests when using the APP related services. Otherwise, Zhili shall have the right to remove the suspected infringing content upon notice from the right party or relevant parties. You shall handle all rights claims made by third parties by yourself and bear all legal liabilities that may arise therefrom. If Zhili and its affiliates suffer losses (including but not limited to economic, goodwill and other losses) as a result of your infringement, you shall compensate Zhili and its affiliates in full for all losses.

 

4.7 You understand and agree that you shall be solely liable for any claim, demand or loss by any third party arising out of or arising out of your breach of the provisions of this Agreement, and you agree to indemnify and hold Zhili and its affiliates harmless. In this regard, Zhili shall have the right to take measures including but not limited to suspension of license, termination of service, restriction of use, account recall, legal liability and other measures depending on the nature of user's behavior. In the meantime, Zhili will assist in the investigation at the request of the Justice Department.

 

5. Third-party technology

 

5.1 You fully understand and agree that, in order to ensure the stable operation of the APP or the realization of relevant functions, the APP may use third-party software or technology (including SDK, API, open source code, etc., which may be used by the APP) and such use has been legally authorized.

 

5.2 The third-party software or technology used by the APP is fully listed in the Privacy Policy. You can learn more about the third-party software or technology used by the APP on the home page of the APP.

 

5.3 When you use technologies and related services provided by third parties in the APP, in addition to complying with the Agreement and relevant rules, you may also need to fully read and agree to the agreements and relevant rules of third parties and respect the rights of third party owners with respect to their software, technologies, functions and services. Note that third-party software or technologies may change third-party agreements or related rules due to version upgrade or policy adjustment. Please refer to the official instructions published by third-party software or technologies.

 

6. Intellectual Property Declaration

 

6.1 Zhili Company is the owner of the APP and its intellectual property right.

 

6.2 All intellectual property rights of the APP (including but not limited to copyright, trademark right, patent right, trade secret, etc.) and all information content related to the APP (including but not limited to text, pictures, audio, video, charts, interface design, layout frame, relevant data or electronic documents, etc.) are protected by laws and regulations. You may not copy, alter, copy, send or use any of the foregoing materials or contents for any purpose without the written authorization of Zhili.

 

6.3 All rights contained in the APP name and logo are owned by Zhili. Please do not, under any circumstances, privately use any of Zhili's trademarks, marks, trade names, domain names, website names or other distinctive brand features (collectively, the "Logo"). Without Zhili's prior written consent, you may not display, use, or apply for a trademark registration, domain name registration, or express or implied right to display, use, or otherwise dispose of the said marks, alone or in any way in combination with Zhili. If you use Zhili's trademark and logo in violation of this Agreement and cause losses to Zhili, its affiliates or any third party, you shall bear all legal liabilities.

 

6.4 Without Zhili's authorization, you shall not reverse engineer, decompile or disassemble the APP and any related intellectual property rights, or discover, copy, copy or embezzle the original code of the APP in any other way. And any alleged infringement of copyright. At the same time, you shall not directly or indirectly release, broadcast, disclose the above content or materials in any media or open channel, or use them for any other purpose.

 

6.5 Zhili does not own the intellectual property rights of third-party software or advertisers in the APP and related services. During your use of any third-party software or technology, you shall be bound by the relevant agreements or business rules of the third-party software and bear the risks and liabilities that may result from your use of the third-party software or technology. Unless authorized in writing by the third party software, you shall not use such third party software in any way that infringes the rights of such third party software.

 

7. Update, change, interruption or termination of the service

 

7.1 The APP and services contain a large number of functions and services. In order to ensure network security and improve user experience, Zhili will provide you with software update services, including APP function update, problem repair, experience optimization, etc.

 

7.2 You should fully read the software update notice and are free to update or not to update at your discretion. If you decide not to accept the software update, the APP may face serious security risks and may result in function restriction or inability to continue to use.

 

7.3 You understand and agree that the APP and related services provided by Zhili are provided in accordance with the current technology and conditions. Zhili will do its best to provide you with services to ensure the continuity and security of services. You understand that Zhili cannot at any time or at all times foresee and prevent legal, technical and other risks, including but not limited to service interruption, failure to normally use the APP and related services and other losses and risks caused by force majeure, network reasons, defects in third-party services and other reasons.

 

7.4 You understand and agree that Zhili has the right to modify, interrupt, suspend or terminate the APP and related services based on specific circumstances in order to meet the needs of the overall service operation.

 

8. Disclaimer

 

8.1 You understand and agree that the APP and related services may be affected or interfered with by a variety of factors, and Zhili makes no warranty (including but not limited to) that:

 

a. The APP and related services are fully suitable for users' use requirements;

 

b. The APP and related services are free from interference, timely, safe, reliable or error-free; The services obtained by users through Zhili meet the expectations of users;

 

c. Any errors in the APP and related services will be corrected.

 

8.2 You understand and agree that, in using the APP and related services, you may encounter force majeure and other factors (force majeure refers to unforeseeable, insurmountable and unavoidable objective events), including but not limited to government actions, natural disasters (such as flood, earthquake, typhoon, etc.), network causes, wars, strikes, riots, epidemic situations, etc. In case of force majeure, Zhili will try its best to make timely repair at the first time. However, Zhili shall not be liable for suspension, suspension, termination of service or any loss caused by force majeure to the extent permitted by laws and regulations.

 

8.3 You understand and agree that Zhili may change the APP Service or delete some of its functions due to unforeseen reasons in advance. Zhili will use its best efforts to inform you in a reasonable manner prior to discontinuation or termination of the service. Zhili shall have no liability to you or any third party if Zhili has reasonably informed you.

 

8.4 Under no circumstances shall Zhili be liable for any indirect, incidental or punitive loss caused by your use of the APP Services. Unless otherwise expressly provided for by laws and regulations, Zhili's full liability to you shall not exceed the fees (if any) paid by you to Zhili during your use of the APP and related Services, regardless of any reason or manner of conduct.

 

9. Others

 

9.1 By registering an account or using the APP, you shall be deemed to have read and agree to be bound by this Agreement. Zhili reserves the right to modify the terms of this Agreement if necessary. You can check the terms of the latest version of this Agreement on the APP login interface. After the terms of this Agreement are changed, if you register an account or continue to use the APP, you shall be deemed to have accepted the amended Agreement.

 

9.2 The services of this APP are provided by Zhili Inc. We are located at 400 Commons Way, Suite A Rockaway, New Jersey 07866.

 

9.3 The conclusion, execution and interpretation of this Agreement and the settlement of disputes shall be governed by Data protection Law and other relevant laws and regulations as well as provisions related to information security protection. In case of any dispute arising from the content or performance of this Agreement, both parties shall try their best to settle the dispute through friendly negotiation. If no agreement can be reached through negotiation, either party may file a lawsuit with the court where Zhili is located.

 

9.4 The Agreement may be in Chinese, English or other languages. In case of any conflict between the Chinese version and the English version or other language versions, the Chinese version shall prevail.

 

9.5 No matter the provisions of this Agreement are partially invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding upon both parties.

 

9.6 This Agreement constitutes the entire agreement between the Parties concerning the matters agreed herein and other related matters, and no other rights are granted to the parties hereto except as provided herein.

 

 Zhili Inc.