DEXDEV Platform Service Agreement
Welcome to the DEXDEV Platform web-based services!
Important Notice
This Agreement contains important provisions concerning your rights and interests, in particular provisions that exempt or limit our liability, and provisions on governing law and dispute resolution, which have been highlighted in bold. Before accepting this Agreement, please read each provision carefully and make sure you fully understand it. If you have any questions regarding this Agreement, you may contact us through the contact details set forth herein.
Effectiveness
By clicking to confirm on the web page or otherwise indicating your acceptance of this Agreement, you shall be deemed to have fully read, understood and voluntarily accepted all terms of this Agreement, whereupon this Agreement shall be formed and become effective between you and us. If you do not agree to any part of this Agreement, please stop any subsequent operation and do not confirm your acceptance.
I. General Provisions
This Agreement is a service agreement entered into between you and Dexmal (Chongqing) Technology Co., Ltd. ("Dexmal", "we", "us" or "our") in relation to your use of the products or services provided by us through the DEXDEV Platform web pages and any new forms of services that may emerge with technological development, collectively referred to as the "Services".
We reserve the right to amend the terms of this Agreement when necessary. In the event of any amendment to this Agreement, the amended terms will be published on the relevant page. If you do not agree to the amended terms, you should voluntarily stop using the Services or cancel your account. Your continued use of the Services shall be deemed as your acceptance of such amendments.
You shall comply with all provisions of this Agreement and use the Services lawfully and reasonably. Otherwise, we have the right to suspend or terminate the provision of the Services to you in accordance with this Agreement. We also reserve the right to reclaim the account used by you at any time.
II. Account Registration and Management
(I) Registration Eligibility
You confirm that, when you complete the registration process or actually use the Services in any other manner permitted by us, you shall be a natural person, legal person or other organization with full civil capacity and full capacity for civil conduct.
If you are a minor, we require that your parents or other guardians carefully read this Agreement and that you use our Services only with the consent of your parents or other guardians. If you are a person with limited capacity for civil conduct, your guardian shall also carefully read this Agreement and guide you in using the Services after confirming their consent. If you or your guardian does not agree to any part of this Agreement, please stop using the Services.
You shall also ensure that you are not subject to any trade restriction, sanction or other legal or regulatory restriction imposed by any country, international organization or region. Otherwise, you may be unable to register for or use our Services properly.
(II) Account Registration
After you fill in the information as prompted on the registration page, read and agree to this Agreement, and complete all registration procedures, you may obtain a DEXDEV Platform account and become a user of the DEXDEV Platform.
You may complete the registration process by setting or confirming your account name and setting your password. When you register an account in a particular form, we may automatically generate an "Account ID" for you. You understand and agree that any reference to your DEXDEV Platform account or account number actually refers collectively to the foregoing account name and password, or other information attributed to "account" or "account number" within the user interface.
The account name set by you shall not violate national laws and regulations, public order and good morals, social morality or our management rules, nor shall it be likely to cause confusion between your identity and ours. Otherwise, your account may fail to be registered, or we may, after notifying you, cancel your account.
You shall accurately provide and promptly update your account information in accordance with laws and regulations or the prompts on the relevant page, so as to ensure that such information is true, timely, complete and accurate. If the information provided by you is incorrect, false, outdated or incomplete, we may send you an inquiry and/or a notice requiring correction, and you shall cooperate with us in providing or updating the relevant information as required. You shall bear the consequences and losses arising from your inability to use your DEXDEV Platform account, including failure to register successfully, account freezing or cancellation, or any consequences and losses arising during your use, due to the information or materials provided by you being untrue, untimely, incomplete or inaccurate. In accordance with applicable national laws and regulations, you may be required to provide authentic identity information and complete real-name authentication in order to use certain functions of the Services. If the materials submitted or information provided by you is untrue, inaccurate or unlawful, we have the right to refuse to provide the relevant functions to you, and you may be unable to use part or all of the Services.
In general, your account is the sole identity credential for all activities conducted by you on the DEXDEV Platform web pages. Unless otherwise agreed, each account may independently conduct activities within the Services. However, in the following circumstances, we have the right, at our own discretion, to conduct unified handling of multiple DEXDEV Platform accounts owned by the same and/or related legal subjects, for example where, based on associated information during registration, login or use of different DEXDEV Platform accounts, we determine that they are in fact used by the same user. Examples of associated information include the same identity document, same mobile phone number, same payment account, same device, same address and similar information.
Ownership of DEXDEV Platform accounts belongs to us. After completing the registration process, you only obtain the right to use the account.
(III) Account Use and Security
You have the right to log in to the DEXDEV Platform web pages using the account set by you and thereby use the Services. You acknowledge and agree that we may, from time to time, change, suspend or cancel any Service, including additions or reductions of product categories, adjustments to service content and version upgrades, or change, suspend or cancel certain features or functions of the Services, or change, suspend or cancel the manner of use of the Services and related service content. Such changes, suspensions or cancellations will be published on the DEXDEV Platform web pages in order to notify you. You are obliged to review such information in a timely manner and fully understand the relevant adjustments. If you do not agree to any revised terms, please do not continue to use the relevant Services. Your use of the relevant Services provided by us shall be deemed as your agreement to comply with the service terms published at that time.
One DEXDEV Platform account may correspond to only one legal subject. Unless expressly provided by law, judicially determined, or otherwise agreed by us, you may not transfer, lend, lease, sell, gift or allow another person to inherit your DEXDEV Platform account in any manner.
Your account information is set and kept by you. You shall keep confidential your account, password and other account-related information and materials. You shall ensure that you properly log out of the website at the end of each internet session.
If you discover any unauthorized use of your DEXDEV Platform account by another person, you shall immediately notify us. We will assist you in freezing the account, changing the password or carrying out other security settings. You understand that we require a reasonable period of time to take action in response to your request, and we shall not be liable for any consequences, including any losses suffered by you, that have arisen before we take action or that are caused by you. You understand and acknowledge that our password recovery mechanism only verifies whether the appeal information is consistent with system records, and does not verify whether the applicant is the lawful account holder. If your account or password is stolen or lost due to your improper custody, you shall bear the corresponding liability.
We will also adopt reasonable technical measures on the server side of the website to protect account security.
If you fail to log in to your account for more than twelve (12) consecutive months after registration, we have the right to freeze or reclaim your account. After an account is reclaimed, the information and usage records stored under the account cannot be restored. Before freezing or reclaiming the account, we will give you notice in an appropriate manner. If you still fail to take action as prompted after receiving such notice, we will freeze or reclaim the account.
III. Service Rules
(I) Rules on Information Content
The information content referred to herein means all content uploaded, copied, generated, stored, published or disseminated by you during your use of the Services, including but not limited to account information such as account avatars and names, and text, audio, images, videos and other information content entered, replied to or generated by you.
You shall not use the Services, whether by yourself or by assisting others, to upload, induce the generation of, or disseminate the following information content:
- political propaganda or news information in violation of national regulations;
- information concerning national security or national defense interests;
- feudal superstition, obscenity or pornography;
- information concerning illegal internet activities such as prize-based betting, gambling games, private servers or plug-ins;
- information violating national ethnic or religious policies;
- information that impairs the security of internet operations;
- information that infringes upon the lawful rights and interests of others or otherwise harms social order or public morality; and
- other information that violates laws, regulations, departmental rules or national policies.
You agree that we have the right to review your input data by technical or manual means, and to delete any content that we or a competent regulatory authority consider to violate any law, platform agreement or policy. However, such review does not mean that we assume any additional liability. You shall be fully and solely responsible for all activities conducted under your registered account.
If you publish illegal or harmful information content, we may take measures including warnings, refusal to publish, deletion of information, restriction of account functions, suspension of account updates, closure of accounts, prohibition of re-registration and other disposal measures, and retain relevant records. We will also report to the relevant regulatory authorities in a timely manner as required by laws and regulations.
You warrant that the information content produced by you using the Services is owned by you or has been authorized by the relevant rights holders, and that our analysis and processing of such information content and generation of new information content in accordance with your instructions will not infringe upon any lawful rights or interests of any third party, including but not limited to personality rights, copyrights and property rights.
(II) Prohibition on Interfering with Normal Operation of the Services
You are prohibited from using any plug-in, add-on, system or third-party tool that has not been authorized or permitted by us to interfere with, disrupt, modify or otherwise affect the normal operation of the Services.
(III) Prohibition on Endangering Cybersecurity
You shall not use or target the Services to conduct any act that endangers computer network security, including but not limited to:
- illegally intruding into networks, interfering with the normal functions of networks, stealing network data or conducting other activities that endanger cybersecurity;
- providing programs or tools specifically used for intruding into networks, interfering with normal network functions or protective measures, stealing network data or conducting other activities that endanger cybersecurity;
- knowingly providing technical support, advertising promotion, payment settlement or other assistance to others engaged in activities that endanger cybersecurity;
- using unauthorized data or accessing unauthorized servers/accounts;
- accessing public computer networks or other persons' computer systems without authorization and deleting, modifying or adding stored information;
- attempting, without authorization, to probe, scan or test vulnerabilities of the systems or networks of the Services, or carrying out other acts that undermine cybersecurity;
- attempting to interfere with or disrupt the normal operation of the systems or websites of the Services, intentionally spreading malicious programs or viruses, or otherwise disrupting or interfering with normal network information services;
- forging TCP/IP packet names or partial names; and
- reverse engineering, reverse assembling, compiling or otherwise attempting to discover our source code.
(IV) Prohibition on Illegally Obtaining Data
Without our prior written permission, you shall not directly or indirectly obtain the data or content of the Services by any means, including but not limited to hotlinking, redundant scraping, crawling, grabbing, simulated downloading, deep linking or false registration. You shall not maliciously register accounts, including but not limited to frequent or bulk account registration.
(V) Restrictions on Use
You acknowledge and agree that the Services are provided solely for your learning, research, trial and experience purposes. Without our consent, you shall not further provide external services based on the Services provided by us to you.
(VI) Compliance with Rules
When using various functions under the Services, you shall understand and comply with the specific rules of use. If any damage to rights or interests arises because you violate or fail to understand such rules, you shall bear the consequences yourself.
(VII) Supervision and Handling
We have the right to supervise your use of the Services. If you violate any of the foregoing provisions when using the Services, we have the right to require you to make corrections or directly take all necessary measures, including but not limited to modifying or deleting content published by you and suspending or terminating your right to use the Services, in order to mitigate the impact of your improper conduct.
IV. Intellectual Property
(I) The trademarks, service marks, URLs, text, service names and combinations thereof relating to the Services, collectively referred to as "Marks", are owned by us or our affiliates and are protected by intellectual property laws. Without the permission of us or our affiliates, you shall not display, use, or apply for trademark registration or domain name registration of the foregoing Marks, whether individually or in combination, nor shall you engage in any act that expressly or impliedly represents to others that you have the right to display, use or otherwise dispose of such Marks. The intellectual property rights in the content provided through the Services, including but not limited to software, technology, programs, web pages, text, images, graphics, audio, video, charts and layout designs, are owned by us or the relevant rights holders. Without our permission, no person may use the content of the Services, including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading or downloading such content through any robot, crawler or similar program.
(II) Intellectual property rights owned by each party prior to the execution of this Agreement shall remain owned by such party, and shall not be transferred to the other party or jointly owned by both parties by reason of the execution or performance of this Agreement.
(III) You shall ensure that, during your use of the Services, the intellectual property rights in any materials, resources or other content uploaded by you are owned by you or that you have obtained authorization from the lawful rights holders, and that the foregoing content and your use thereof are not subject to any actual or potential dispute. The intellectual property rights in any content uploaded or published by you through the Services shall belong to you or the original copyright holder.
(IV) If any third-party organization or individual raises any challenge or complaint regarding the ownership of intellectual property rights in the relevant materials involved in your use of our Services, or raises any challenge or complaint regarding the ownership of intellectual property rights in our Services used by you, both you and we shall be responsible for producing relevant proof of intellectual property rights and cooperating with the other party in handling such complaint. With respect to any claim, lawsuit or potential lawsuit arising therefrom, the breaching party shall be responsible for resolving the matter, bearing the costs and losses, and indemnifying and holding the other party harmless.
(V) With respect to text, images, videos, audio and other non-personal information provided or published by you or generated during your use of the Services, no intellectual property rights, portrait rights or other rights shall be transferred merely by uploading, publishing or similar acts. Unless otherwise stated by us, to the extent permitted by law, you grant Dexmal and its affiliates a free, non-exclusive, worldwide license to use such information, including storing, using, copying, revising, editing, publishing, displaying, translating, distributing such information or creating derivative works, and incorporating such information into other works in any form, media or technology now known or later developed, and the right to sublicense third parties to use such information, for purposes related to our brand marketing and promotional activities, academic research and other related purposes, as well as the right to collect evidence and initiate legal proceedings against third-party infringements in our own name.
(VI) We provide technical support for the development and operation of the Services, and, to the extent permitted by laws and regulations, enjoy all rights in and to all data, information and other materials generated during the development and operation of the Services.
V. Protection of Personal Information
(I) We fully understand the importance of personal information to you, and your trust is of great importance to us. We will strictly comply with the requirements of laws and regulations, adopt corresponding security protection measures, and endeavor to protect your personal information.
(II) In the course of your participation in the Services, we may require you to provide us with certain necessary personal information, and we may also proactively collect certain necessary personal information from you. You may learn in detail how we collect, use and protect your personal information through the DEXDEV Platform Privacy Policy.
VI. Handling of Breach
(I) If we discover or receive a report or complaint from another person that you have violated this Agreement, we have the right, without prior notice, to delete or block the relevant content at any time, and, depending on the seriousness of the conduct, impose penalties on the relevant account of the violating party, including but not limited to warnings, restriction or prohibition of use of part or all functions, account suspension, account cancellation and account reclamation, and announce the handling results.
(II) You understand and agree that we have the right, based on reasonable judgment, to impose penalties for conduct that violates relevant laws and regulations or this Agreement, to take appropriate legal action against any user who violates laws or regulations, and to retain relevant information, report to relevant authorities and cooperate with investigations in accordance with laws and regulations. The user shall independently bear all legal liabilities arising therefrom.
(III) You understand and agree that you shall independently bear responsibility for any claim, demand or loss asserted by any third party arising from or in connection with your breach of this Agreement. If we suffer any loss as a result, you shall also indemnify us for such loss.
(IV) You acknowledge that we have the right to detect, investigate and determine violations or suspected violations by existing technical means, and have the right to keep the relevant technologies confidential. You shall not probe or obtain our confidential technical information by any means or in any manner, nor shall you circumvent our supervision and management of violations or suspected violations by any means or in any manner.
VII. Disclaimer
(I) Disclaimer for AI-Generated Content
Due to the limitations of current science and technology and the particular nature of artificial intelligence, we specifically remind you that we cannot guarantee the complete accuracy or completeness of the Services. All information content generated by the Services is for reference only. Please do not rely on such content, and we shall not be liable for any damage caused by your reliance on content generated by the Services.
(II) Disclaimer for User Content
User-generated content in the Services represents only the personal views of its author and does not represent our position. We are unable to thoroughly review all user content, and you shall bear your own risk when using the Services or relying on any content. The author shall bear full legal responsibility for the content published by them.
(III) Disclaimer for Force Majeure
During your use of the Services, factors beyond our control, such as force majeure, may occur. Force majeure refers to objective events that are unforeseeable, unavoidable and insurmountable, including but not limited to natural disasters such as floods, earthquakes and typhoons, government actions, wars, strikes, riots and civil disturbances. In the event of force majeure, we will endeavor to repair any damage in a timely manner; however, to the extent provided by laws and regulations, we shall not be liable for losses caused by force majeure events.
(IV) Disclaimer for Service Interruption
We have the right to modify, interrupt or terminate the Services according to operational needs and will notify you in advance. To the extent permitted by law, we shall not be liable for any loss caused to you by any modification, interruption or termination of the Services.
(V) Disclaimer for Indirect Losses and Limitation of Liability
Under no circumstances shall we be liable for any indirect, consequential, punitive, incidental, special or exemplary damages arising from your use of the Services, including but not limited to loss of profits, damage to business reputation, loss of data or any other tangible or intangible loss.
With respect to all types of claims made by you arising from your use of the Services, regardless of the cause or form of claim, our aggregate liability shall not exceed the fees, if any, paid by you to us during the period in which you are a user of the Services.
(VI) Platform Review Is Not an Obligation
We have the right to handle illegal or non-compliant content in accordance with this Agreement. However, such right does not constitute our obligation or commitment, and we cannot guarantee that all illegal activities or non-compliant content will be discovered or handled in a timely manner.
(VII) Risk Warning Regarding Third Parties
If there is any doubt concerning online information, account passwords, advertisements or promotions related to loans or other financial matters, please handle such matters prudently and make your own judgment. We shall not be liable for any loss you may suffer as a result.
VIII. Governing Law and Dispute Resolution
(I) The formation, effectiveness, performance, interpretation, amendment, supplementation, termination, enforcement and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China.
(II) The place of execution of this Agreement shall be Haidian District, Beijing.
(III) Any dispute arising from or in connection with your use of the Services shall first be resolved by the parties through friendly negotiation. If the negotiation fails, either party shall have the right to submit the dispute to the China International Economic and Trade Arbitration Commission for arbitration in Beijing in accordance with the arbitration rules of the Commission then in effect at the time of application for arbitration. The arbitral award shall be final and binding upon both parties.
IX. Miscellaneous
(I) This Agreement consists of the content of this Agreement, rules, specifications and service descriptions, including operation documents, displayed on relevant pages, and other terms and conditions confirmed by you by clicking. Both we and you shall be bound thereby, and relevant terms therein may be cited and interpreted by reference to each other.
(II) If any provision of this Agreement is partially invalid or unenforceable for any reason, the validity of the remaining provisions shall not be affected. Any inapplicable provision shall be modified so that it may be lawfully applied.
(III) The headings of all provisions of this Agreement are for convenience of reading only, have no substantive meaning, and shall not be used as a basis for interpreting the meaning of this Agreement.
(IV) You and the company are independent parties. Under no circumstances shall this Agreement constitute any express or implied warranty or condition by the company to the user, nor shall any agency, partnership, joint venture or employment relationship be established between the parties.
(V) If you have any questions or comments regarding this Agreement, you may contact us by sending an email to developer@dexmal.com.