Terms of Service

Welcome to sign this Service Trial Terms (hereinafter referred to as "these Terms") with Shanghai Yuhuan Artificial Intelligence Technology Co., Ltd. (hereinafter referred to as "Yuhuan") and trial the Jade Road service!

The index keywords listed before the Terms are only for the purpose of helping you understand the gist of the Terms, and do not affect or limit the meaning or interpretation of these Terms. To protect your own rights and interests, you are advised to carefully read the specific expressions of each clause.

【Careful Reading】 Before agreeing to these Terms, you shall read them carefully. You must read carefully and fully understand the contents of each clause, especially the clauses that exempt or limit liability, and the clauses on governing law and dispute resolution. These clauses are marked in bold and underlined, and you should focus on reading them. If you have any questions about the agreement, you may consult the customer service and relevant business departments.

【Execution of Agreement】 When you read and click to agree to these Terms or otherwise choose to accept these Terms, it means that you have fully read, understood and accepted all the contents of these Terms and reached an agreement with Yuhuan. These Terms shall take effect on the date when you click to confirm through the web page or otherwise choose to accept these Terms. In the process of reading these Terms, if you do not agree to these Terms or any of its provisions, please do not perform the signing action.

1. Signing Parties and Scope of the Agreement

These Service Terms are the service agreement signed between you and Shanghai Yuhuan Artificial Intelligence Technology Co., Ltd. regarding your use of the Jade Road service.

2. Service Content

2.1. "Service" in these Terms refers to the technical and network support services displayed to you by the Jade Road website terminal (hereinafter referred to individually or collectively as the "Jade Road Website"), which you apply for trial use and Yuhuan agrees to provide to you.

3. Service Fees

3.1. You understand and agree that Jade Road currently provides services to you free of charge, that is, you do not need to pay fees to Jade Road for activating or using the services; Jade Road does not rule out the possibility of charging fees in the future. At that time, Jade Road will announce the charging policies and specifications by publishing announcements on appropriate pages of the website or sending in-site notifications 10 natural days in advance.

3.2. After Jade Road starts charging fees, if you continue to use the Jade Road service, you shall pay the fees in accordance with the effective charging policy at that time and comply with the effective service terms published on the Jade Road Website at that time. If you refuse to pay the service fee after the charging starts, the Jade Road Website has the right to no longer provide services to you and has the right to no longer retain your business data.

4. Your Rights and Obligations

4.1. After successfully activating the service, you have the right to require Yuhuan to provide services to you in accordance with these Terms and the service descriptions, technical specifications and other contents displayed on the relevant pages of the Jade Road Website.

4.2. The use of the Jade Road service shall comply with the Service Usage Rules of Jade Road and these Terms.

4.3. You are responsible for the integrity and confidentiality of the data you store on the Jade Road Website, as well as the passwords and codes for accessing and managing various products and services on the Jade Road Website. All losses and consequences caused by the loss or leakage of the above data, passwords and codes due to your improper maintenance or confidentiality shall be borne by you.

4.4. You shall retain the access log records of your own website in accordance with the provisions of laws and regulations such as the Cybersecurity Law and the Measures for the Administration of Internet Information Services, including the content of published information and its publication time, Internet Protocol (IP) address, domain name, etc., and shall cooperate and provide them when relevant state organs inquire in accordance with the law. You shall bear the corresponding legal liability arising from the failure to retain relevant records as required.

4.5. For the sake of data security, you shall be responsible for the backup of your data. Yuhuan's products or services may configure data backup functions or tools for you, and you are responsible for operating to complete the backup.

4.6. You shall be responsible for the source and content of your user business data. The Jade Road Website reminds you to carefully judge the legality of the source and content of the data. You shall bear the corresponding consequences and liabilities arising from the violation of laws and regulations, departmental rules or national policies by the content of your user business data.

4.7. You understand and agree that the state secrets of the People's Republic of China are protected by law, and you have the obligation to keep the state secrets of the People's Republic of China confidential; your use of the Jade Road service shall comply with the requirements of relevant confidentiality laws and regulations, and shall not endanger the security of the state secrets of the People's Republic of China.

4.8. You shall also carefully read and comply with the corresponding service descriptions, technical specifications, usage procedures, operation documents and other contents displayed on the pages of the Jade Road Website (hereinafter collectively referred to as the "Operation Guidelines") and operate in accordance with the relevant Operation Guidelines. You shall bear the consequences arising from the violation of the relevant Operation Guidelines; at the same time, the Jade Road Website will solemnly remind you to grasp the risks and operate carefully.

5. Yuhuan's Rights and Obligations

5.1. Yuhuan shall provide services in accordance with the agreement.

5.2. During the service period, Yuhuan will provide you with the following after-sales services:

5.2.1. Yuhuan will provide fault support services for you, and you shall report faults through online tickets; Yuhuan will timely provide support for faults not caused by your human operation, except for your human reasons and/or force majeure, and other matters beyond Yuhuan's control.

5.3. Yuhuan is only responsible for the operation and maintenance of the underlying part below the operating system and the software provided by Yuhuan, that is, the relevant technical architecture of the service and the operating system provided by Yuhuan. The part above the operating system (such as the application programs you install on the system) is your responsibility. In addition, your self-upgrade of the operating system may cause adverse effects such as downtime. Please grasp the risks and operate carefully.

5.4. You understand that Yuhuan cannot guarantee that the services it provides are flawless (for example, Yuhuan's security products cannot guarantee the absolute security of your hardware or software), but Yuhuan promises to continuously improve the service quality and service level. Therefore, you agree that even if the services provided by Yuhuan have flaws, but such flaws are unavoidable with the industry technical level at that time, they will not be regarded as Yuhuan's breach of contract. You agree to cooperate with Yuhuan to solve the above flaw problems.

5.5. Some services of Yuhuan may have account authorization management functions, that is, you may authorize all or part of your operation permissions for the service to one or more authorized accounts designated by you. In this case, all operation behaviors performed under any authorized account will be deemed as behaviors performed by you through your own account, and you shall bear the corresponding responsibilities and the resulting service fees.

6. User Business Data

6.1. Yuhuan understands and acknowledges that all data processed by you through the services provided by Yuhuan, including processing, storage, upload, download, distribution and other means, are your user business data, and you fully own your user business data.

6.2. With respect to user business data, Yuhuan shall not use or disclose any of it without authorization except for executing your service requirements; except for the following circumstances:

6.2.1. When relevant state organs inquire or access user business data in accordance with the law, Yuhuan has the obligation to cooperate in accordance with the requirements of relevant laws and regulations or policy documents and disclose to third parties or administrative, judicial and other institutions;

6.2.2. You and Yuhuan have reached a separate consensus through negotiation.

6.3. You may perform operations such as deletion and modification on your user business data by yourself. If you terminate the service or delete the data, Jade Road will delete your data and no longer retain such data in accordance with your instructions. You shall operate carefully with respect to the deletion and modification of data.

6.4. When the service period expires, the service is terminated early (including early termination by mutual agreement of both parties, early termination due to other reasons, etc.) or you are in arrears, unless otherwise clearly stipulated by laws and regulations, required by the competent department or otherwise agreed by both parties, Jade Road will only continue to store your user business data (if any) within a certain grace period (subject to the time limit specified in the exclusive terms, product documents, service descriptions, etc. applicable to the service you ordered). Upon the expiration of the grace period, Jade Road will delete all user business data, including all cached or backed-up copies, and no longer retain any of your user business data.

6.5. Once user business data is deleted, it cannot be recovered; you shall bear the consequences and liabilities arising from the deletion of the data. You understand and agree that Jade Road has no obligation to continue to retain, export or return user business data.

6.6. According to the consensus reached through negotiation between you and Yuhuan, Yuhuan stores user business data in the data center selected by you. Yuhuan abides by its security commitment to users and protects the data stored by users in Yuhuan's data centers in accordance with applicable laws.

7. Intellectual Property Rights

7.1. The intellectual property rights of any materials, technologies or technical support, software, services, etc. provided by one party to the other party under these Terms shall belong to the providing party or its legal right holders; unless expressly agreed by the providing party or the legal right holder, the other party has no right to copy, disseminate, transfer, license or provide others with the use of the above intellectual achievements, otherwise it shall bear corresponding responsibilities.

7.2. You shall ensure that the materials submitted to Yuhuan, your use of the Jade Road service and the results generated by using the Jade Road service do not infringe upon the legitimate rights and interests of any third party. Yuhuan shall ensure that the services provided to you do not infringe upon the legitimate rights and interests of any third party.

7.3. If a third-party institution or individual raises a question or complaint about the ownership of intellectual property rights of the relevant materials involved in your use of the Jade Road service, or about the ownership of intellectual property rights of the Jade Road service you use, both you and Yuhuan have the responsibility to issue relevant intellectual property certification materials and cooperate with the other party in handling relevant complaints. For any claims, lawsuits or possible lawsuits arising therefrom, the breaching party shall be responsible for resolving them, bear the expenses and losses, and indemnify the other party from liability.

8. Confidentiality Clause

8.1. Confidential information referred to in these Service Terms means trade secrets (including financial secrets), technical secrets, business know-how and/or other information and materials that should be kept confidential (including product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development, software, hardware, API application data interfaces, technical descriptions, designs, special formulas, special algorithms, etc.) obtained by one party (hereinafter referred to as the "Receiving Party") from the other party (hereinafter referred to as the "Disclosing Party"), learned from the other party, or generated by the performance of these Terms by both parties, regardless of the form or carrier of the above information and materials, and regardless of whether the Disclosing Party indicates its confidentiality orally, graphically or in writing at the time of disclosure.

8.2. Both parties shall take appropriate measures to properly preserve the confidential information provided by the other party, and the degree of prudence of the measures shall not be less than that when they protect their own confidential information. Both parties may only use the confidential information for the relevant uses or purposes under these Terms.

8.3. Both parties warrant that confidential information may only be known to the responsible persons and employees of each party engaged in the business, and strictly restrict the employees who have access to the above confidential information to comply with the confidentiality obligations under this Article.

8.4. The above restrictive clauses in this Article shall not apply to the following circumstances:

8.4.1. The confidential information has been legally owned by the Receiving Party at or before the signing of these Terms;

8.4.2. The confidential information has been made public or is available from the public domain at the time of notification to the Receiving Party;

8.4.3. The confidential information is obtained by the Receiving Party from a third party who has no obligation of confidentiality or non-disclosure;

8.4.4. The confidential information has been made public or is available from the public domain without violating the agreed liabilities under these Terms;

8.4.5. The confidential information is independently developed by the Receiving Party or its affiliated or subsidiary companies, and no benefit is obtained from the information obtained from the Disclosing Party or its affiliated or subsidiary companies;

8.4.6. The Receiving Party discloses confidential information as required by a court or other legal or administrative departments (through oral questioning, inquiry, request for materials or documents, subpoena, civil or criminal investigation or other procedures);

8.4.7. The information disclosed by the Receiving Party when it needs to submit materials or make explanations to the above-mentioned institutions in combination with the other party's situation for the purpose of applying for a certain business qualification, obtaining a certain certification, or complying with national or industry standards/certifications from administrative departments, industry associations and other institutions. In such cases, the Receiving Party shall adhere to the principle of minimum disclosure when necessary and require the institutions that obtain the confidential information as a result to keep it confidential at a standard not lower than that of these Terms.

8.5. Both you and Yuhuan shall do their utmost to protect the above confidential information from being leaked. Once a leakage incident of the above confidential information is discovered, both parties shall cooperate to take all reasonable measures to avoid or mitigate the occurrence of damage consequences. If losses are caused to the other party as a result, the direct economic losses caused to the other party shall be compensated.

9. Termination and Change of Service

9.1. The service period shall be terminated early in any of the following circumstances:

9.1.1. Early termination by mutual agreement of both parties;

9.1.2. Yuhuan gives advance notice to end the public beta period or free trial period;

9.1.3. You seriously violate these Terms (including, but not limited to, your serious violation of relevant laws and regulations, or your serious violation of any commitment under these Terms, etc.), Yuhuan has the right to terminate the service early until all your data is cleared;

9.1.4. You understand and fully acknowledge that although Yuhuan has established (and will continuously improve according to technological development) necessary technical measures to defend against network security incidents or behaviors (hereinafter collectively referred to as "such behaviors") including computer viruses, network intrusions and attack damages (including DDoS), in view of the limitations and relativity of network security technology and the unpredictability of such behaviors, if your website encounters such behaviors and brings harm to Yuhuan or other networks or servers of Yuhuan (including local, off-site and international networks, servers, etc.), or affects the smooth connection between Yuhuan and the international Internet or between Yuhuan and specific networks, servers and Yuhuan's internal systems, Yuhuan may decide to suspend or terminate the service.

9.2. You understand and acknowledge that for technical upgrades, service system upgrades, or due to business strategy adjustments or cooperation with major national technical, regulatory and policy changes, Yuhuan does not guarantee to provide a certain service permanently, and has the right to change the form, specifications or other aspects of the services provided (such as service prices and billing models). Before terminating such service or making such changes, Yuhuan will give prior notice by one or more means such as website announcements, in-site messages, emails or text messages.

10. Liability for Breach of Contract

10.1. If you violate any content of the commitments, guarantee clauses, service usage rules or obligations in these Terms, or Yuhuan judges according to its own judgment that your usage behavior is abnormal, Yuhuan has the right to take one or more of the following measures unilaterally according to the circumstances and its independent judgment: (1) Restrict or suspend the use of the service; (2) Terminate the provision of services and terminate these Terms; (3) Pursue your legal liability; (4) Other handling measures deemed appropriate by Yuhuan. User losses caused by Yuhuan's adoption of measures such as service suspension and service termination in accordance with the foregoing agreement shall be borne by you.

10.2. If Yuhuan suffers any losses, receives claims from other users or any third party, or is punished by any administrative department due to your violation of relevant laws and regulations or these Terms and relevant rules, you shall fully compensate Yuhuan, other users or relevant third parties for their actual losses, including reasonable attorney fees.

10.3. You understand and agree that in view of the particularity of computers and the Internet, the following circumstances shall not constitute Yuhuan's breach of contract:

10.3.1. Yuhuan needs to interrupt the service for a short time when configuring, maintaining and upgrading the system and servers;

10.3.2. The access speed of your website decreases due to the blockage of access routes on the Internet.

10.4. 【Limitation and Exemption of Liability】 You shall understand and agree that although the Jade Road service will provide support for service availability and reliability, during the trial period (free or paid), Yuhuan will not make any commitments to any service availability and reliability. Yuhuan shall not be liable for your work or results using the trial service.

10.5. In no case shall Yuhuan be liable for any indirect, consequential, punitive, incidental or special damages, including loss of profits suffered by you from using the Jade Road service (even if you have been advised of the possibility of such damages).

10.6. To the extent permitted by law, Yuhuan's liability for damages under these Terms shall not exceed the total service fees paid for the service in the past 12 months.

11. Notices

11.1. When using the Jade Road service, you shall provide Yuhuan with true and valid contact information (including your email address, contact phone number, contact address, etc.). If the contact information changes, you have the obligation to update the relevant information in a timely manner and keep it reachable. Your member account (including sub-accounts) that receives in-site messages and system messages shall also be regarded as your valid contact information.

11.2. Yuhuan will deliver various notices to one or more of your above contact information, and the content of such notices may have a significant favorable or unfavorable impact on your rights and obligations. Please pay close attention to them in a timely manner.

11.3. Yuhuan sends notices to you through the above contact information. Among them, written notices sent by electronic means, including announcements, mobile phone text messages sent to the contact phone number you provided, emails sent to the email address you provided, system messages and in-site messages sent to your account, shall be deemed to have been delivered upon successful sending; written notices sent in paper form shall be deemed to have been delivered on the 5th natural day after being mailed according to the provided contact address.

11.4. You shall ensure that the contact information provided is accurate and valid, and update it in real time. If the legal documents cannot be delivered or cannot be delivered in a timely manner due to the inaccurate contact information provided or the failure to inform the changed contact information in a timely manner, you shall bear the possible legal consequences arising therefrom.

12. Force Majeure

12.1. If the performance of these Service Terms is impossible, unnecessary or meaningless due to force majeure or other unexpected events, the party suffering from force majeure or unexpected events shall not be liable.

12.2. Force majeure and unexpected events refer to objective events that cannot be foreseen, cannot be overcome and cannot be avoided and have a significant impact on one or both parties, including natural disasters such as floods, earthquakes, epidemics, etc., and social events such as unrest, government acts, interruption of telecommunication backbone lines, hackers, network congestion, technical adjustments by telecommunication departments and government regulations, etc.

13. Governing Law and Dispute Resolution

13.1. The conclusion, entry into force, interpretation, revision, supplement, termination, performance and dispute resolution of these Terms shall be governed by the laws of the People's Republic of China; if there are no relevant provisions in the law, commercial practices and/or industry practices shall be referred to.

13.2. Any dispute arising from or in connection with your use of the Jade Road service shall be settled through negotiation between Yuhuan and you. If the negotiation fails, either party may file a lawsuit with the People's Court of Xihu District.

14. Supplementary Provisions

14.1. The attachments to these Terms, as well as the service descriptions, price descriptions on the relevant pages of the Jade Road Website and the order pages you have confirmed and agreed to (including the exclusive terms of the products, service descriptions, operation documents, etc.) are an integral part of these Terms. In case of any inconsistency, they shall apply in the order of (1) service descriptions, price descriptions and other order pages, (2) exclusive terms and attachments, (3) general terms of these Terms.

14.2. If the content of these Terms changes, Yuhuan shall prompt you of the modified content by announcing it on the appropriate page of the Jade Road Website 30 days in advance; if you continue to use the Jade Road service, it shall be deemed that you accept the relevant modifications made by Yuhuan.

14.3. Yuhuan has the right to transfer all or part of its rights and obligations under these Terms to Yuhuan's affiliated companies after giving advance notice.

14.4. Yuhuan's waiver of the rights stipulated in these Terms when you are negligent or in breach of contract shall not be deemed as a waiver of any other or subsequent similar negligence or breach of contract by you.

14.5. If any clause of these Terms is deemed to be abolished, invalid or unenforceable, such clause shall be deemed to be severable and shall not affect the validity and enforceability of the remaining clauses of these Terms.

14.6. The guarantee clauses, confidentiality clauses, intellectual property rights clauses, governing law and dispute resolution clauses under these Terms shall not be invalidated due to the termination of these Terms.