Term of Use
CHIO Software User Service Agreement
1. Introduction
1.1 Agreement to Terms
These Terms of Service ("Terms") have been created to clarify the regulations governing our relationship with you. While we've made an effort to simplify the language, certain terms may still exhibit the characteristics of a traditional contract.
1.2 Acceptance of Terms
By using our service, you agree to comply with these terms. If you disagree, please do not use the service.
1.3 Responsibilities and Privacy
These Terms of Service outline your responsibilities when using our Platform or Services (as defined herein), including the sale of products through the Services and the creation of User Contributions. Additionally, we strongly encourage you to review our Privacy Policy, which is an integral part of these Terms of Service and details how we handle any personal information you may provide.
1.4 Ownership and Access
The Service (referred to as the "Platform") is the proprietary asset of CHIO and is operated by us. By accessing and using any part of the Service, you acknowledge and agree to be bound by the terms and conditions set forth in this Agreement. It is essential to thoroughly read and understand these Terms of Service before engaging with the Platform. If you do not agree to all the specified terms and conditions, you will be unable to access the Platform or use any Services. Please note that these Terms do not grant rights to third parties.
1.5 Arbitration
Arbitration Notice: These terms include arbitration provisions. Except for specific disputes, both parties agree to resolve conflicts through mandatory arbitration. You and CHIO waive the right to participate in class action or class arbitration.
1.6 Special Considerations
1. [Read Carefully] We urge you to read and understand each clause, especially those related to disclaimers or limitations of liability, applicable laws, and dispute resolution mechanisms. These clauses have been highlighted through various means, including font emphasis, italics, underlining, colored markings, and other reminders.
2. Review and Agreement Please review the terms again before confirming your agreement to this Agreement. If you disagree with any part of this Agreement, select "Disagree."
3. [Confirmation and Acceptance of Service Agreement] By clicking "Agree" or following the operational procedures to start or continue using CHIO products and/or services, you are deemed to have read and agreed to all the terms of this agreement.
4. [Modification of Service Agreement] As our business evolves, this agreement may be updated. We will release the updated version on the CHIO mobile platform and provide reminders for you to review. If you disagree with the modified agreement, please stop using the service.
5. Software Acquisition and Updates You may download the software from the CHIO official website or obtain it from an authorized third party. If you have concerns regarding the security and legality of the installation package, please download and install it from the company's official website. To enhance User Experience, we will periodically provide software updates.
6. [Obtained from Unauthorized Third Parties] Obtaining the software from an unauthorized third party may compromise security, legality, and normal usage. If you encounter such a situation, please report unauthorized software to us.
2. Service Content
2.1 Instant Messaging Service
In addition to the software "service" described in the "Introduction" section, the CHIO "instant message" service promises to provide the following services. The specific service functions displayed on the CHIO mobile endpoint shall prevail.
2.2 Service Pledge
The CHIO "instant message" service is committed to delivering stable and secure instant messaging services, including individual chat, group chat, and other essential functionalities.
2.3 Service Rules
1. You acknowledge and agree that this software serves as a platform for sharing, transmitting, and acquiring information. When independently using this software service, you must comply with laws, regulations, and the usage specifications outlined in this agreement. You are responsible for all actions under your registered account, including any content you transmit and the consequences thereof. Content referred to in this article includes, but is not limited to, text, video information, comments you submit, and other content generated through your use of this software and service. It is advisable to carefully evaluate the content of this software. Should you have any inquiries, please promptly contact customer service via the provided phone number and email listed in this agreement. Unless the company violates laws, regulations, or explicitly stipulates in this agreement, leading to your losses, you are responsible for assessing and bearing the risks and losses incurred from using the content, including but not limited to its legality, reliability, correctness, completeness, or applicability.
2. Any content you publish or disseminate through this software service does not represent or imply the company's endorsements or policies. The company bears no responsibility for such content and reserves the right to take appropriate measures promptly in compliance with laws, regulations, and this agreement (including but not limited to the relevant provisions of Article 5 of this agreement).
3. You bear full responsibility for the authenticity, legality, and validity of the information transmitted through this software. Any legal liabilities arising from the information you transmit shall be borne by you. The company also reserves the right to take appropriate measures promptly in accordance with the provisions of laws, regulations, and this agreement (including but not limited to the relevant provisions of Article 5 of this agreement) concerning the legal liabilities arising from the information you disseminate.
4. Due to the requirements of business development, our company may, at its discretion, alter, suspend, restrict, terminate, or cancel all or part of the services provided by this software. We particularly caution you about the aforementioned risks and recommend taking appropriate preventive measures.
5. [Advertising, Information, and Related Services] The company hereby notifies you that the services offered by this software may include advertising, information, etc. By agreeing to this agreement, you consent to receive third-party advertising, information, and other content pushed by the software. The aforementioned push formats include, but are not limited to, information flow or floating window notifications. The company will adhere to relevant laws and regulations while identifying advertisements and provide a one-click close function for such notifications, or you have the option to close the floating window notifications. You can manage and modify notification permissions for CHIO in your system settings. The company reserves the right to associate or display advertisements and advertising links through relevant pages, with changes to this method and scope made without prior notification to you.
6. The products and/or services provided by this software may offer links to other internet sites or resources. The company will fulfill obligations to advertisers or service providers in accordance with laws and regulations. However, users acknowledge and agree that these advertisers, service providers, advertisements, and service content are beyond the control of the company. The company advises you to exercise caution when assessing the authenticity, applicability, and reliability of advertising and service information. Unless expressly provided by law, you are responsible for transactions based on relevant push content.
7. You are required to abide by laws and regulations, uphold public order, respect social morality, and refrain from engaging in the following behaviors or publishing, transmitting, disseminating, or storing the following content using this software or its services.
8. Based on reasonable judgment or internal risk control mode assessment, the company reserves the right to halt the dissemination of any content that contravenes relevant laws and regulations, violates the provisions of this agreement, infringes, obstructs, or threatens the rights or safety of any individual, or impersonates others. Additionally, the company retains the right to take appropriate legal action at its discretion against any conduct or content that breaches these terms, including but not limited to: deleting illegal, infringing, inappropriate, and related content from this software service; restricting or terminating the user qualification of violators, preventing them from accessing all or part of this software service; and retaining pertinent information and data in compliance with laws and regulations, and reporting to relevant authorities.
9. The ownership and operational rights of this service are vested in the company. The services provided by the company will be rigorously executed in accordance with its published service regulations, service terms, and operational guidelines.
10. All rights associated with this service and any other rights not expressly authorized in writing within this agreement remain with the company. Unless explicitly stated in writing, the company will not waive or transfer the relevant rights, nor grant other authorizations or licenses for such rights.
11. [Third-party Services] When utilizing products or services offered by a third party on our company's software platform, you must adhere to the provisions of this agreement as well as the third party's user agreement. For disputes within the scope of legal provisions and agreements, both our company and the third party shall bear their respective responsibilities.
2.4 Your Rights and Obligations
1. The ownership of this software account is vested in our company. Upon completing the registration application procedures, you acquire the right to utilize this software account, which solely belongs to the initial applicant, unless otherwise specified in this agreement. The company retains the right to revoke your usage rights for this software account.
2. By registering as a user of this software, you affirm that the personally identifiable information provided is true, complete, and valid. You assume corresponding legal responsibilities for the information provided in accordance with legal provisions and this agreement.
3. When registering and applying for this software account, you must set up a profile picture and nickname for the account to complete the registration process.
4. Maliciously registering accounts through any means (including but not limited to utilizing invalid WeChat accounts, invalid mobile phone numbers, or assuming others' identities) or engaging in illegal activities, disruption, harassment, deception, or misleading of other users using your account is prohibited. The company reserves the right to permanently suspend, cancel registration, or revoke the aforementioned accounts for behaviors stipulated in this agreement. Any resulting losses shall be borne by the users themselves. Furthermore, the company reserves the right to refer such behaviors to judicial authorities for further action.
5. You are responsible for maintaining the security of your registered account information and password. You are legally accountable for actions undertaken under your registered account and password. Unless otherwise specified in this agreement, you agree not to use other members' accounts for login under any circumstances. In the event of suspected account usage by others, you must promptly notify the company. Upon receiving your request to suspend account login and usage, the company will require you to provide and verify valid personal identity information consistent with your registered identity information. If the provided valid personal identity information matches the registered identity information, the company will promptly suspend your account login and usage. Failure to provide valid personal identity information or inconsistency with the registered identity information allows the company to verify your identity based on the user's interests, considering the inability to meet your aforementioned requirements.
6. You must adhere to the terms of this agreement, utilizing this service legally, correctly, and appropriately. Any breach of this agreement grants the company the right to terminate the breach and provide services in accordance with the agreement, contingent upon your breach. Pay particular attention to the "Legal Liability" section of Article 10 of this agreement regarding specific breach of contract responsibilities and legal consequences. Furthermore, the company reserves the right to revoke your account under specified circumstances outlined in this agreement and for other rational reasons.
7. To ensure the suitability of this software service and enhance your user experience, download the latest version and upgrade quickly.
8. You acknowledge and assume the risks arising from circumstances beyond our control, including but not limited to: (1) risks from third-party websites or services/products accessed through this software; (2) risks stemming from the sharing, browsing, and dissemination of information posted by you; (3) risks from software failures or information loss; (4) risks from unforeseeable and unavoidable occurrences such as natural disasters, wars, riots, government actions, and force majeure events.
3. Protection of Personal Information
3.1 Personal Information Safeguarding
We adhere to the core principles of protecting your personal information. In line with this Agreement and the CHIO Privacy Policy, we collect, use, and store your personal information securely as mandated by law. Should there be any discrepancies between this Agreement and the CHIO Privacy Policy concerning personal information protection, or if this Agreement lacks clear provisions on the matter, we will follow the CHIO Privacy Policy guidelines.
3.2 Quick Sign-In Feature
The "Quick Sign-In" feature creates a unique identifier for you, which you can choose to cancel or delete at any time. Selling this identifier is strictly prohibited, and you are responsible for its secure maintenance.
3.3 Privacy Assurance
We recognize the importance of personal information to you and prioritize its protection and privacy. We handle your data with the utmost care. For detailed information on personal data processing and protection regulations, as well as your rights to manage your personal information, please review the "CHIO Privacy Policy" before registering an account. You can access and review it anytime while using the software.
4. Intellectual Property and Trade Secrets
4.1 Intellectual Property Rights
All intellectual property rights associated with this software belong to THCCHIOinfo Technology Co., Ltd. or its licensors. These rights include copyrights, trademarks, patents, and other intellectual property protected by applicable laws and regulations.
4.2 Company Logos and Elements
The graphics, videos, texts, and other elements, including company logos, product, and service names, featured in this software or service are the intellectual property of our company. Without prior written consent from us, you are prohibited from displaying, using, or handling our company's logo in any manner.
4.3 Intellectual Property Protection
Copyrights, trademarks, patents, and all other intellectual property rights associated with this software are protected by laws, regulations, and international treaties, with our company retaining full rights to these contents.
4.4 Prohibited Actions
You are prohibited from modifying the CHIO Client program, reverse engineering, decompiling, disassembling, or taking any action that compromises its integrity, including altering program code or data, without our company's explicit permission.
4.5 Unauthorized Software
The production or distribution of any third-party software that undermines our company's interests or disrupts the normal functioning of this software is strictly forbidden without our company's authorization.
5. Legal Responsibility
5.1 User Indemnification
If you violate this Agreement or pertinent laws and regulations, resulting in claims, demands, or losses to our company, partners, affiliates, or other users, including legal expenses, you agree to indemnify and hold harmless our company, partners, affiliates, and other users. Depending on the nature of your actions, our company reserves the right to take measures such as suspending licenses, interrupting services, restricting usage, and conducting legal inquiries. For unlawful, provocative, disruptive, improper use of the software, harassment, or deception of other users, our company reserves the right to revoke your account privileges and cooperate with judicial authorities in investigations.
5.2 Lawful Use
You must ensure that information acquired through CHIO is used lawfully, strictly prohibiting any conduct that contravenes laws, public order, social morality, or this agreement. Should you engage in such conduct, you are responsible for resolving resulting disputes and liable for legal and financial compensation.
5.3 Content and User Responsibility
CHIO, as a network service provider, offers users upload space services for transmitting text, images, videos, links, and other content. User-transmitted content is securely encrypted upon storage. Apart from platform-marked adjustments to uploaded videos via the corner video function, CHIO refrains from making any other modifications or edits. We staunchly oppose any activity that breaches applicable laws and regulations. Upon discovery, such content is promptly deleted, and dissemination ceased.
5.4 Non-transferable Rights
Unless specified otherwise in this Agreement, you are prohibited from transferring any rights or provisions under this Agreement.
5.5 Communication Risks
You acknowledge that CHIO serves solely as a communication tool and cannot anticipate or address direct, indirect, incidental, special, or consequential damages and risks during or after the communication process. Kindly bear these risks in mind, as you are solely responsible for sending or publishing information via CHIO. For details regarding the protection measures of CHIO-related information, please refer to the "CHIO Privacy Policy."
5.6 Fraud Prevention
Under no circumstances should you place trust in solicitations for loans, requests for passwords, verification codes, or any other network-related information pertaining to property or financial interests. Prioritize verifying the identity of the other party when engaging in financial transactions, and heed our company's guidance to prevent fraud and criminal activity. If you receive such requests or information purportedly from us, please contact the customer service number provided in this agreement for confirmation before taking any action.
6. Notification and Delivery
6.1 Notification Methods
All company notifications regarding the software and user agreements will be made through the software interface, web announcements, email, or regular SMS transmission.
6.2 Notice Delivery
The company will remind you of matters affecting your vital interests in a noticeable manner through the above notification channels. The above notice will be deemed to have been delivered to the recipient, i.e., the user, on the day of delivery.
7. Applicable Law, Dispute Resolution, and Other Terms
7.1 Legal Clauses
The company solemnly reminds you to pay attention to the clauses in this agreement that exempt the company from liability and increase obligations. Please read them carefully and consider the risks yourself. Juveniles should read this agreement with the accompaniment of their legal guardian. The company reserves the right to interpret and modify the content of the above clauses within the scope permitted by law.
7.2 Validity of Provisions
If any provision of this Agreement is completely or partially invalid or unenforceable for any reason, the remaining provisions of this Agreement shall remain valid and enforceable.
7.3 Headings
The headings in this Agreement are for convenience only and do not have legal effect.
7.4 Dispute Resolution
If you have any disputes or disagreements with our company, they should be resolved through friendly negotiation first. If negotiation fails, you fully agree to submit the dispute or disagreement to the local people's court with jurisdiction in the place where this agreement is signed for litigation resolution.
7.5 Contact Information
If you have any comments or complaints about this Agreement and the Software Services, please contact us using our Client Server email CHIO@hotmail.com.