Termsof Service
Last Updated: October 2023. This agreement governs your professional interaction with ZHISHENG.
1. ACCEPTANCE & CONTRACTUAL RELATIONSHIP
These Terms of Service ("Terms") constitute a legally binding agreement between you (whether as an individual or on behalf of an entity) and Beijing Zhishenglongcheng Information Technology Co., Ltd. ("ZHISHENG," "we," "us," or "our"). By accessing our digital properties, using our mobile applications, or engaging our professional services, you agree to comply with and be bound by these Terms.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree with any part of these Terms, you must immediately cease all use of our Services.
2. BUSINESS COOPERATION FRAMEWORK
ZHISHENG operates globally under three core business models. Each model is governed by specific contractual annexes and Service Level Agreements (SLAs):
2.1 Project Operations (Agency Model)
Partners engaging ZHISHENG for project operations grant us an exclusive or non-exclusive right to manage, market, and scale their digital products within specified territories. Partners must provide proof of intellectual property ownership and are responsible for the core content and legal standing of the application in its home jurisdiction.
2.2 Project R&D (Custom Development)
Our technical R&D services are executed via a Master Service Agreement (MSA). Deliverables, milestones, and payment schedules are defined in individual Statements of Work (SOW). Intellectual property transfer occurs upon full payment unless otherwise agreed in writing.
2.3 Self-Developed Operations
For our proprietary portfolio, we grant users a personal, non-exclusive, non-transferable, and limited license to use our software for personal, non-commercial purposes. Commercial exploitation, reverse-engineering, or unauthorized redistribution is strictly prohibited.
3. SERVICE AVAILABILITY & MAINTENANCE
We strive to maintain a 99.9% uptime for our R&D infrastructures and hosted services. However:
- Maintenance: We reserve the right to perform scheduled maintenance, which may result in temporary service interruptions. We will provide at least 24 hours' notice for major maintenance windows.
- Urgent Fixes: In cases of critical security vulnerabilities or system failures, we may perform emergency maintenance without prior notice.
- Third-Party Dependencies: ZHISHENG is not responsible for outages caused by third-party infrastructure providers (e.g., AWS, GCP, Apple App Store, Google Play).
4. MONETIZATION & VIRTUAL ASSETS
Our services may include in-app purchases (IAP), subscriptions, or virtual currencies. All financial transactions are processed through authorized third-party platforms (Apple App Store, Google Play, Stripe).
- Finality: All purchases of virtual assets or subscriptions are final and non-refundable, except as required by mandatory local consumer protection laws.
- Subscriptions: Recurring billings are managed via your platform account. It is your responsibility to cancel subscriptions at least 24 hours prior to the renewal date to avoid charges.
5. INTELLECTUAL PROPERTY RIGHTS
The "ZHISHENG" name, logo, and all proprietary technology, source code, and artistic assets are the exclusive property of Beijing Zhishenglongcheng Information Technology Co., Ltd. and are protected by international copyright, trademark, and patent laws. No license is granted to use our trademarks without prior written authorization.
6. TERMINATION OF SERVICES
Either party may terminate a professional cooperation agreement under the following conditions:
- By ZHISHENG: We reserve the right to suspend or terminate access to our Services immediately if you breach these Terms, engage in fraudulent activity, or if required by government mandate.
- By Partner/User: You may terminate your engagement with ZHISHENG according to the notice period specified in your individual MSA or by deleting your account and ceasing use of our applications.
- Effect of Termination: Upon termination, all licenses granted under these Terms shall cease, and you must destroy all copies of our proprietary software in your possession.
7. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemic, government embargoes, or large-scale internet/power failure.
8. DISPUTE RESOLUTION & GOVERNING LAW
ZHISHENG values professional integrity and seeks to resolve all conflicts amicably.
8.1 Governing Law
These Terms and any business cooperation are governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict of law principles.
8.2 Binding Arbitration
If a resolution is not reached via negotiation, the dispute shall be submitted to the Beijing Arbitration Commission (BAC) for arbitration in Beijing. The award shall be final and binding on both parties.
9. MISCELLANEOUS PROVISIONS
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
- Entire Agreement: These Terms, together with any signed MSAs or Privacy Policies, constitute the entire agreement between you and ZHISHENG regarding our Services.
- No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
10. CONTACT & NOTICES
Legal & Compliance Department
Beijing Zhishenglongcheng Information Technology Co., Ltd.
Email: liunian@zhishenglc.com
Address: 4B06, 4/F, Bldg C3, World Flower Holiday Plaza, Daxing District, Beijing, China