Terms of Service
Update date: November 6, 2022
1 Confirmation and Acceptance of Terms of Service
1.1 Before using CPhaMAS services, you should carefully read and understand all the rules in this agreement and the content of other terms of service, service rules, or specifications published. You should confirm that you are aware of, understand, and accept this agreement and various service rules and agree to use them as the basis for determining the rights and obligations of both parties. All service rules are considered an integral part of this agreement and have the same legal effect as this agreement. The contracting parties to this agreement are Changsha Xutong Technology Company (hereinafter referred to as "CPhaMAS") and the user of CPhaMAS related services (hereinafter referred to as "User" or "You"). This agreement is a service agreement established between you and CPhaMAS concerning your use of various services provided by CPhaMAS and has the effect of a formal written contract.
When you fill in the information according to the registration page prompt, read and agree to this agreement, and complete all registration procedures, or when you read and agree to this agreement when submitting or confirming an order, it means that you have fully read, understood, and accepted all the contents of this agreement, and this agreement is established and effective between you and CPhaMAS.
1.2 Before clicking to agree to this agreement, please be sure to carefully read and fully understand the terms of this agreement, especially the terms that exempt or limit liability and those marked in bold or underlined. You should focus on reading these terms. During the process of reading this agreement, if you do not agree with this agreement or any terms of the agreement, you should immediately stop the registration process, submission or order confirmation process.
1.3 You understand and agree that CPhaMAS may modify and update this agreement or various service rules due to business adjustments and other reasons. Therefore, the content of your rights and obligations will also change. When CPhaMAS modifies this agreement or various service rules, it will notify you in a reasonable way, including but not limited to prominently displaying on the website, pop-up prompts, message push, etc. If you have any objections, you can submit them to CPhaMAS within 7 days before the modified agreement or service rules take effect. If you have not raised any objections after reading the content of the service agreement and continue to use or accept CPhaMAS services, it will be deemed that you are fully aware of, understand and agree to accept the updated service agreement.
2 User Information
You confirm and agree:
(1) The registration information provided is true, accurate, complete, legal, and valid. If there are any changes to the registration information, it should be updated promptly;
(2) If the registration information you provide is illegal, untrue, inaccurate, or incomplete, you shall bear the corresponding responsibilities and consequences arising therefrom, and CPhaMAS reserves the right to terminate your use of various CPhaMAS services.
3 Service Information
3.1 The prices, quantities, and service information of CPhaMAS services may change at any time, and the actual display shall prevail. CPhaMAS does not make any special notification and does not assume any guarantee liability for the aforementioned service information.
3.2 For service descriptions, CPhaMAS tries its best to be accurate and error-free. However, due to well-known Internet technology factors and other objective reasons, service information may have certain delays or errors. You should be aware of and understand this situation. CPhaMAS will correct any typographical errors, inaccuracies, or omissions related to service descriptions, prices, and related matters without prior notice to you.
4 Account Registration and Use Rules
4.1 You acknowledge that before you start the registration process or use CPhaMAS services, you should have the civil capacity for civil conduct in accordance with the laws of the People's Republic of China. If you do not have the aforementioned civil capacity for civil conduct, you and your guardian shall bear all consequences in accordance with the law.
4.2 After you fill in the information according to the registration page prompts, read and agree to this agreement, and complete the entire registration process, you can use various services of CPhaMAS through your account.
CPhaMAS only allows each online user to use one online user account. If there is evidence to prove or CPhaMAS judges that you have improper registration or improper use of multiple accounts based on the rules published by CPhaMAS, CPhaMAS may take measures such as freezing or closing accounts, canceling orders, and refusing to provide services. If it causes losses to CPhaMAS and related parties, you shall also assume compensation responsibility.
4.3 In the process of using the account, in order to protect the security of your account, based on different terminals and your usage habits, we may adopt different verification measures to identify your identity. Verification methods include but are not limited to SMS verification codes and service usage information verification. You shall be legally responsible for all activities and events under this account.
4.4 The account is the basis for us to recognize you and provide you with services. You should be responsible for maintaining the confidentiality of your account and restrict third parties from using/accessing your computer or mobile device, and ensure that your login password is not disclosed to any third party. Since your account is associated with your personal information and CPhaMAS business information, your account is for your personal use only. You may not transfer, lend your account to others for a fee or free of charge without the permission of CPhaMAS.
4.5 If you find any unauthorized use of your account or other situations that may cause your account to be stolen or lost, it is recommended that you notify CPhaMAS immediately. You understand that it takes a reasonable time for CPhaMAS to take any action in response to your request, and the actions taken by CPhaMAS at your request may not be able to prevent or stop the formation or expansion of infringement consequences. Except for the legal fault of CPhaMAS, CPhaMAS does not assume responsibility.
4.6 In order to enable you to better use the various services provided by CPhaMAS and ensure the security of your account, CPhaMAS may require you to complete real-name authentication in accordance with the requirements of Alipay, WeChat, UnionPay related companies and relevant laws and regulations.
4.7 If CPhaMAS determines, in accordance with the breach determination procedures and standards stipulated in the rules published by CPhaMAS, that the use of your account may endanger the security of your account and/or the information security of CPhaMAS, we have the right to restrict, freeze, or terminate your use of the account or terminate this agreement in accordance with relevant laws and regulations and service rules. You shall bear the losses arising therefrom (including but not limited to communication interruption, clearing of user information and related data, etc.) at your own risk.
5 Transaction Rules
5.1 Order
5.1.1 When you place an order, please carefully confirm the name, price, quantity, contact address, phone number, and other information of the services you are purchasing.
5.1.2 You understand and agree that the service and price information displayed by CPhaMAS to you is only an invitation to offer. When you place an order, you need to fill in the content of the service you want to purchase, the quantity, the price, the payment method, the contact information, the contract performance method, etc. The system-generated order information is the data automatically generated by the computer information system based on the content you filled in, and it is only the contractual offer you send to CPhaMAS. You can log in to your account at any time to check the status of your order.
5.1.3 Despite CPhaMAS's best efforts, due to market changes and the impact of various factors that are difficult to control with reasonable commercial efforts, CPhaMAS cannot avoid errors in the pricing of services in the order information you submit; if the services you ordered have the above-mentioned situations, you have the right to cancel the order, and CPhaMAS also has the right to cancel the order on its own. If you have already made payment, we will process the refund for you. CPhaMAS does not need to assume any responsibility for this.
5.1.4 After your order is confirmed, if the price of the service changes due to a price increase in the service supply or an error in the website system, CPhaMAS has the right to refuse to accept your order.
5.1.5 Your purchasing behavior should be based on genuine, reasonable needs and should not involve malicious purchases, malicious rights protection, or other behaviors that disrupt the normal trading order of CPhaMAS. Otherwise, CPhaMAS has the right to limit the quantity of ordered services, close related transaction orders, suspend or terminate your account usage, etc., based on its own judgment and without assuming any responsibility to you.
5.2 Payment and Settlement
When you purchase services, you need to choose one of our partner banks and third-party payment institutions provided by CPhaMAS to complete the payment. Please carefully read the relevant terms and disclaimers of the relevant banks and third-party payment institutions and follow the rules. Problems arising during the payment process will be borne by you or the relevant banks and third-party payment institutions.
5.3 Quality Objection Period
5.3.1 If the user finds any objection within 7 days from the date of delivery of the corresponding service item by CPhaMAS, the user shall promptly submit it to CPhaMAS in writing. If the objection is not raised within the specified time, it shall be deemed that the services provided by CPhaMAS fully comply with the standards stipulated in the contract, and the user shall not request any modification, rework, compensation, or other claims.
6 User Behavior Code
This Agreement is formulated in accordance with relevant national laws, regulations, and rules. You agree to strictly abide by the following obligations:
(1) Do not produce, transmit or publish the following illegal information materials: those that oppose the basic principles established by the constitution, incite resistance, undermine the implementation of the constitution and laws and regulations; endanger national security, disclose state secrets, subvert state power, undermine national unity, incite overthrow of the socialist system; damage national honor and interests; distort, vilify, blaspheme, deny the deeds and spirit of heroes and martyrs, infringe upon the name, image, reputation, honor of heroes and martyrs; advocate or incite terrorism, extremism and their activities; incite ethnic hatred, ethnic discrimination, undermine national unity; undermine national religious policies, advocate cults and feudal superstitions; spread rumors, disrupt economic order and social order; spread obscenity, pornography, violence or instigate crimes; insult or slander others, infringe upon their reputation, privacy and other legal rights; and other content prohibited by laws and administrative regulations.
(2) Prevent and resist the production, copying, and publishing of harmful information materials containing the following content: serious exaggeration in the title, and the content of the publication is seriously inconsistent with the title; improper commentary on natural disasters, major accidents, and other disasters; inciting discrimination against people, regional discrimination, etc.; advocating vulgar, vulgar, and flattery content; violating social morality; infringing on the legitimate rights and interests of minors; and other content that has a negative impact on the network ecology;
(3) When transmitting information and materials from mainland China to overseas, it must comply with relevant Chinese regulations;
(4) Do not use this site to engage in money laundering, theft of commercial secrets, theft of personal information, and other illegal and criminal activities;
(5) Do not interfere with the normal operation of this site, and do not invade this site and national computer information systems;
(6) Do not transmit or publish any illegal, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, uncivilized, and other information materials;
(7) Do not incite others to engage in illegal, non-compliant, or prohibited behaviors under this Agreement;
(8) Do not use the account registered on this site for profit-making business activities;
(9) Do not publish any content that infringes on the personal information, copyright, trademark rights, and other intellectual property rights or legal rights of others.
7 Breach of Contract Liability
7.1 If CPhaMAS discovers or receives complaints from others that you have violated the terms of this agreement or engaged in any malicious behavior, CPhaMAS has the right to delete or block relevant content without notice at any time, and impose penalties on the offending account, including but not limited to warnings, restrictions or prohibitions on the use of some or all functions, account suspension, cancellation, etc.
7.2 CPhaMAS has the right to take appropriate legal actions based on reasonable judgment against violations of relevant laws and regulations or the provisions of this agreement, and to save relevant information according to laws and regulations and report to relevant departments, etc. You shall bear all legal liabilities arising therefrom.
7.3 You understand and agree that if you violate this agreement or the provisions of relevant service terms, resulting in or causing any claims, requests or losses of third parties, you shall be solely responsible; if CPhaMAS suffers losses as a result, you shall also compensate.
7.4 When you are in violation of laws and regulations and the terms of this agreement, we have the right to freeze and/or deduct all or part of the fees payable to you as liquidated damages. If such liquidated damages are still insufficient to compensate for our losses, we reserve the right to continue to claim compensation from you.
7.5 To the maximum extent permitted by law, we are only responsible for the services described in this agreement, and our compensation liability shall be limited to one (1) time the service fee we charge you for providing specific services. In addition, we and our affiliates bear liability independently.
7.6 Unless otherwise required by law, our compensation to you is limited to direct losses and does not include indirect losses, incidental losses, special losses, consequential losses, punitive losses, incidental losses, loss of goodwill, loss of profits, etc.
8 Changes, Interruptions, and Termination of Services
8.1 You may interrupt one or more network services at any time according to the actual situation. You understand and agree that CPhaMAS has the right to change the content of services based on the adjustment of business strategy, and may also interrupt, suspend or terminate the service.
8.2 CPhaMAS has the right to interrupt or terminate the service provided to you without notice in any of the following circumstances:
(1) According to the provisions of laws and regulations, you should provide true information, but the personal information you provide is not true or inconsistent with the registration information and you fail to provide reasonable proof;
(2) You violate the provisions of relevant laws and regulations or the agreements of this Agreement;
(3) According to the provisions of laws and regulations, the requirements of judicial organs or competent authorities;
(4) For security reasons or other necessary circumstances.
8.3 After the termination of the service, your right to use CPhaMAS service will be terminated immediately. From the time the service is terminated, you have no rights related to CPhaMAS service, and CPhaMAS has no obligation to send any unprocessed information or unfinished service to you.
8.4 Both parties confirm that when force majeure causes the cooperation project to be uncompleted, or makes the performance of this Agreement unnecessary or impossible, CPhaMAS may terminate this Agreement.
8.5 If during the service process, CPhaMAS suspends the service to the user for reasons not due to the user, CPhaMAS has the right to deduct the incurred costs and refund the service fees paid by the user.
8.6 If during the service process, the user requests CPhaMAS to suspend the service due to their own reasons, CPhaMAS will not refund the service fees.
8.7 In case of force majeure, the party affected by force majeure may not be liable for breach of contract or tort, but shall provide corresponding evidence and promptly inform the other party of the situation.
9 Ownership and Intellectual Property Rights
9.1 Unless otherwise provided by mandatory provisions of law, no unit or individual shall illegally copy, reproduce, quote, link, crawl, or use in any other way the information content of CPhaMAS online service platform without the express special written consent of CPhaMAS, otherwise, CPhaMAS has the right to pursue its legal responsibility.
9.2 The information materials (such as text, charts, logos, button icons, images, sound file clips, digital downloads, data editing, and software) published by CPhaMAS are the property of CPhaMAS or its content providers and are protected by Chinese and international copyright laws. The compilation of all content on the CPhaMAS online service platform is the exclusive property of CPhaMAS and is protected by Chinese and international copyright laws. All software on the CPhaMAS online service platform is the property of CPhaMAS or its affiliates or software suppliers and is protected by Chinese and international copyright laws.
9.3 Please respect our ownership and intellectual property rights as well as those of any third party. If we have reasonable evidence to prove that you have committed an infringement, we have the right to claim your infringement liability. At the same time, you shall fully compensate us for any losses we suffer as a result of your infringement, including but not limited to arbitration fees, litigation fees, attorney fees, travel expenses, and all reasonable expenses we incur as a result.
9.4 In the absence of any other agreement, the copyright of all manuscripts provided by CPhaMAS according to the user's information, including the right to attribution, belongs to the user.
10 Confidentiality
10.1 Any materials submitted by the user to CPhaMAS, including but not limited to test data, test results, etc., are the user's intellectual property. During the service period, CPhaMAS shall not disclose, reveal, or disclose any of the above contents to any third party without the written permission of the user.
10.2 During the service period, CPhaMAS shall fulfill its duty of care in the safekeeping of any materials submitted by the user and may copy and save them if necessary.
10.3 After the completion of the service, CPhaMAS shall transfer all the above materials, including photocopies, etc., to the user. If it cannot be transferred, it shall be destroyed.
11 No Warranty
11.1 Unless otherwise expressly stated in writing, CPhaMAS makes no representations or warranties of any kind, express or implied, as to the operation of the online service platform and the information, content, materials, or services contained on this website.
11.2 CPhaMAS does not warrant that the information, content, materials, and services contained in or provided through the online service platform, its servers, or electronic messages or information sent from CPhaMAS are free of viruses or other harmful components.
12 Disclaimer
12.1 CPhaMAS shall not be liable to users or any third party for any damages arising from the interruption or failure of communication systems or the Internet, technical failures, computer errors or viruses, loss or damage of information, or any other reasons beyond the reasonable control of CPhaMAS.
12.2 CPhaMAS needs to periodically or irregularly inspect, maintain, or upgrade relevant information network systems and equipment. CPhaMAS shall not be liable for any interruption of network services within a reasonable period of time due to such situations, but CPhaMAS will try to give prior notice as far as possible.
12.3 CPhaMAS does not guarantee that users will not experience interruptions or errors in the operation of the online service platform, nor does it guarantee that all defects on the site will be corrected, nor does it guarantee that the site's services will meet all user requirements, nor does it guarantee that users will be able to order all CPhaMAS services through the site. No guarantees are made for the timeliness, security, or accuracy of network services.
12.4 All taxes and related fees arising from transactions and paid services obtained by users through CPhaMAS shall be borne by the users, and the risks arising therefrom shall also be borne by the users.
12.5 Both parties acknowledge that this clause reflects the consensus reached by both parties through negotiation. Both parties fully understand the consequences of this clause and further acknowledge its reasonableness.
13 Notice
All notices to users may be delivered through announcements on the CPhaMAS online service platform, e-mail, or regular mail. The content of such notices may have significant favorable or unfavorable effects on your rights and obligations. Please pay close attention to them. Notices of changes to the terms of service, changes in service, or other important events will be made in this form.
14 Applicable Law and Dispute Resolution
14.1 The conclusion, execution, and interpretation of this agreement and the resolution of disputes shall be governed by the applicable laws in the mainland of the People's Republic of China (excluding its conflict of laws rules). If any provision of this agreement conflicts with applicable law, such provision shall be reinterpreted in accordance with the law, and other valid provisions shall continue to be effective.
14.2 If any dispute arises between the parties concerning the content or execution of this agreement, the parties shall strive to resolve it through friendly negotiation. If the negotiation fails, both parties agree to submit the dispute to the [Changsha Arbitration Commission] for arbitration in accordance with the then-effective arbitration rules of the Commission. The arbitration award is final and binding on both parties. The arbitration fees shall be borne by the losing party.