Date updated: July 17, 2022
Effective date: July 17, 2022
The Platform User Agreement (hereinafter referred to as the "Agreement") is signed and executed by the following parties in accordance with the "Contract Law of the People's Republic of China" and other relevant laws and regulations.
User: A user (hereinafter referred to as "user") who registers on a mobile phone, tablet computer, computer, etc. as a platform (hereinafter referred to as "platform" or "platform party").
Platform Party: Shanghai Xiaowuyi Technology Co., Ltd. (hereinafter referred to as "Platform Party").
Software name: Emotional Agents
The "user" referred to in this agreement includes, but is not limited to, user as a teacher, user as a parent and user as a student.
1.1 After the user downloads the platform and completes the registration process (including but not limited to setting the user name and password) according to the registration rules of the platform, the user has the right to use all the functions provided by the platform, or to communicate with other users in real-time or delayed . The user name and password of the user's valid registration (or valid change of registration) on the platform together constitute the user's only valid identity certificate on the platform.
1.2 Once the user completes the registration, it is deemed that the user allows the platform to send him platform-related information through SMS, email, APP/server push or other means.
1.3 The user should ensure that the information provided when completing the above registration (or changing the registration), as well as the telephone number, email address and other information are true, accurate and valid; if there is any change in such information, the user should complete the information through the platform within three days. renew. If the platform party or other users suffer losses due to false or invalid information provided by the user, the user shall bear full responsibility.
1.4 The user shall keep the user name and password in a safe place, and shall not give, transfer, sell or lend it to others except with the prior written consent of the platform party or as otherwise stipulated in this agreement; if the user finds out his user name If your password is used by others, you should notify the platform immediately to avoid loss or loss expansion. Due to network attacks, improper storage of user names and passwords by users, transfer or lending of user names and passwords, failure to perform notification obligations under this agreement and other related agreements, or other non-platform reasons, resulting in users failing to use the platform or Any losses incurred shall be borne by the user, and the platform shall not bear any responsibility.
1.5 Users need to confirm by themselves that before starting to register and use the platform, they should have the capacity for civil conduct that is compatible with their actions as stipulated by the laws of the People's Republic of China. If the user does not have the aforementioned capacity for civil conduct that is compatible with the user's behavior, his guardian shall bear all the legal consequences arising from the user's behavior in accordance with the law (minors should use the platform under the supervision and guidance of their guardians).
1.6 The account registered by the user is set up by the user and kept by the user himself, and the platform will never actively ask the user to provide his account password at any time. The platform shall not be liable for the losses and consequences caused by the user’s voluntary disclosure of the user’s account or the attack or fraud of others, and the user shall seek compensation from the infringer through judicial, administrative and other remedies.
1.7 In the event of the following circumstances, the platform has the right to take back the account registered by the user, the user will no longer be able to log in to the platform, and the corresponding service will be terminated at the same time:
(1) It is found that it is not actually used by the registered user himself;
(2) publishing suspected vulgar, pornographic, political, religious and other illegal content;
(3) Other situations deemed necessary by the platform party.
1.8 Once the user completes the registration, it is deemed that the user fully understands, accepts and agrees to abide by all the contents of this agreement and is subject to the relevant terms of this agreement. The platform party has the right to modify the agreement according to laws and regulations, policies and the actual situation in operation, and announce it to users. Once the revised terms of the agreement are announced by the platform party, they will replace the original terms of this agreement and constitute the entire and latest agreement between the user and the platform party on this agreement. Users can check the latest agreement terms in the platform application at any time. If the user does not accept the latest terms of agreement revised by the platform side, he can choose to stop using the platform and cancel his account. If the user chooses to continue using the platform, it is deemed that the user fully understands, accepts and agrees to abide by the latest terms of the agreement revised by the platform. The user acknowledges and accepts that he has fully understood and understood the relevant content of this agreement, and has no major misunderstanding of this agreement and related content; at the same time, he acknowledges that there is no obvious unfair situation in the content of this agreement, and the user and the platform party are in equal status in the agreement , the user has the right to choose freely whether to accept the agreement.
2.1 The platform side provides users with data recording, data statistics services, or delayed/real-time communication services with other users.
2.2 As the designer/developer/owner/operator of the platform software, the platform party has the right to update and adjust the platform software from time to time. As long as the user is still a registered user of the platform, it is deemed to agree to any update made by the platform party and adjust.
2.3 The platform party only provides users with services such as recording data and viewing data statistics, or technical support for delayed/real-time communication with other users. Delayed confirmation, delayed reply, failure to save or operate on time due to users' own reasons The platform does not bear any responsibility for mistakes and other circumstances.
2.4 Users should be aware that there may be notifications, reminders, comments, and other behaviors set by other users in the process of using the platform software. The platform only provides technical support for the aforementioned behaviors. party is irrelevant.
2.5 Users should be aware that third-party service software (including but not limited to WeChat, QQ, Alipay, etc.) may be involved in the process of using platform software. Delays, information leakage, connection errors, server failures and other situations have nothing to do with the platform.
3.1 User's rights and obligations
3.1.1 Users shall abide by the relevant Chinese laws and regulations and the terms of this agreement.
3.1.2 All kinds of information provided by users to the platform should be true, accurate and complete; all kinds of information released by users on the platform (including but not limited to graphics, audio, video, etc.) should comply with relevant Chinese laws and regulations; Delayed/real-time communication activities conducted by users through the platform shall comply with relevant Chinese laws and regulations. If the platform party finds that the user violates the aforementioned agreement, the information provided/published by the user to the platform will no longer apply to the privacy protection provisions of this contract, and the platform party has the right to publicize, report to the government department or directly pursue legal responsibility against the user. The platform party has the right to verify the information provided/published by the user at any time, and any liability and loss caused by the false or incomplete information provided by the user shall be borne by the user.
3.1.3 Users who use the platform to publish false, infringing on others' privacy, infringing on others' intellectual property rights, insulting others, spreading rumors and slander, etc. that violate laws and regulations or public order and good customs, thereby causing damage to the platform, other users or third parties, shall be borne by the aforementioned The user bears all legal consequences and compensation responsibilities.
3.1.4 The user shall not have any behavior that damages the rights and interests of the platform party. If the user damages the rights and interests of the platform party, the platform party has the right to require the user to bear the liability for compensation. If the circumstances are serious, the platform party reserves the right to pursue its legal responsibility.
3.1.5 The platform side temporarily provides users with the services stipulated in this agreement free of charge, but the platform side reserves the right to charge users in the future. Any fee payment incurred between users has nothing to do with the platform side.
3.2 Rights and obligations of the platform party
3.2.1 Notify users in a timely manner after changes, updates, and optimizations of the platform.
3.2.2 The platform cannot guarantee that the information it provides is free from any errors, defects, malware or viruses. The Platform shall not be liable for any damages resulting from the use (or inability to use) of the Platform (unless such damages are caused by the Platform's intentional or gross negligence). In addition, for any damages arising out of the use (or inability to use) of electronic means of communication with the Platform, including, but not limited to, failure or delay in delivery of electronic communications, interception of electronic communications by third parties or computer programs used for electronic communications, or Manipulation, as well as damage caused by virus transmission, the platform is not responsible.
4.1 Due to force majeure (referring to the unforeseen, unavoidable and insurmountable objective circumstances stipulated in this agreement) that causes the platform party to fail to provide services as agreed, the platform party shall not be liable.
4.2 In the process of service, if the loss is caused by a third party other than the parties to the agreement, the third party shall bear the legal consequences and compensation liability.
5.1 User information includes user personal information and user non-personal information.
5.2 User personal information includes but is not limited to the following information: user mobile phone number, WeChat account number, nickname, avatar, IP address, etc.
5.3 User non-personal information includes but is not limited to the following information: All information that falls outside the scope of user personal information mentioned in Article 5.2 is general information and does not belong to user personal information; The operating status, usage records, usage habits, etc. of all the recorded information reflected on the server side of the platform.
5.4 Important notice: In order to provide customers with the services described in this agreement, the platform party may reasonably use user personal information and non-user personal information. Once a user registers, logs in, and uses the platform, it will be deemed that the user fully understands, agrees, and accepts the reasonable use of user information by the platform, including but not limited to collection, statistics, analysis, and use, without any other intention.
5.5 The user acknowledges that he has fully understood that the purpose of the platform party's use of user information is to provide users with the services described in this agreement or services that may be added in the future. The platform party's use of user information includes but is not limited to: collecting, Statistics, analysis, use for commercial purposes, etc.; the scope of the platform party’s use of user information includes but is not limited to the information defined in Articles 5.2, 5.3, and 5.4 of this Article.
5.6 Users can no longer provide user information to the platform by stopping using the platform. However, for user information that has been agreed to be used by the platform party before, the platform party shall not undertake the responsibility of actively deleting or destroying it, and still has the right to use such user information.
5.7 Unless otherwise stated by the user, the platform does not need to pay any fees to the user for the use of user information, and on the basis of the user's agreement to this agreement, there is no need to obtain additional authorization from the user.
5.8 The platform party respects the legal rights of users, and will not collect and use user information in a manner that violates laws, administrative regulations, and this agreement.
5.9 The platform party has nothing to do with the disclosure of user information that is not caused by the platform party's violation of this agreement. Any user shall not use, disclose, or disseminate the user information of other users obtained through the platform; if the user has the aforementioned behavior, the platform shall not bear any responsibility, and the aforementioned infringing user shall bear all responsibilities. Any third party other than the platform party or the user shall not use, disclose, or disseminate the user information of other users obtained through the platform. If the third party has the aforementioned behavior, the platform party shall not bear any responsibility, and the third party shall bear all the responsibilities.
5.10 The platform party shall not be liable for the disclosure of user information in accordance with the requirements of relevant laws and regulations and the requirements of relevant government departments/judicial authorities.
6.1 The intellectual property rights referred to in this agreement refer to all kinds of intellectual property rights that have been valid in the past, are currently valid, or are about to be produced related to platform services, including but not limited to trademarks, copyrights, computer software, inventions, utility models, Designs and the right to file related applications.
6.2 The platform party is the owner of all intellectual property rights related to platform services, and enjoys and reserves all intellectual property rights included in the process of providing platform services, including but not limited to text, pictures, graphics, audio and/or video materials Full and independent rights. Without the consent of the platform party, users and third parties shall not directly or indirectly publish, broadcast, rewrite or redistribute the intellectual property rights enjoyed by the platform party or any materials and information provided by the platform party in any media, nor shall they Use the aforementioned materials and information for any commercial purpose.
6.3 For any graphics/audio/video created by the user and uploaded to the platform, the platform reserves the right to monitor its content, and has the right to punish any violation of this agreement or suspected violation of the law based on the independent judgment of the platform. , The illegal content will be deleted. The platform party shall not be liable for any consequences caused by the deletion of such user works or any loss caused by the user.
6.4 The terms of intellectual property rights continue to be valid and will not be invalidated by the user closing the platform account or stopping using the platform services.
7.1 All information provided by the platform party or users is only provided in accordance with the status quo when such information is provided and is for users' reference only. The platform party does not make any promises or promises regarding the authenticity, accuracy, completeness, applicability, etc. ensure. Users should make their own judgments on the information provided by the platform or other users, and bear all risks arising from the use of the aforementioned information, including any reliance or trust in the authenticity, accuracy, completeness or applicability of the information. risk. The platform party shall not be liable for any loss caused by any behavior of the user using the information.
7.2 For reasons of force majeure or unforeseen and uncontrollable by the platform (including but not limited to computer viruses or hacker attacks, system instability, improper use of accounts by users, and any other technical, Internet, communication line reasons, etc.) The platform shall not be liable for any loss caused to the user or any third party, including but not limited to the security issues of the user's computer information and data, and the security issues of the user's personal information.
7.3 Users use the platform in violation of laws, regulations, or violations of this agreement, including but not limited to providing illegal, untrue, and improper information, infringing on any legitimate rights and interests of third parties, etc., causing damage to the platform or other third parties Any loss shall be borne by the user himself for all legal consequences and liability for damages arising therefrom.
7.4 The user fully understands and agrees that in the process of using the platform services, there may be threatening, defamatory, offensive or illegal content or behavior from any other user, and there may also be harmful to others Anonymous, impersonation, or forged various information or behaviors that cause infringement of rights (including intellectual property rights), users must judge the risks such as the safety of relevant content, information, and behaviors, and independently bear the responsibility for the above behaviors. All legal consequences of damages caused by users or third parties.
7.5 The platform party does not make any form of promise or guarantee, whether express or implied, for all the services and content provided by its partners through the platform. The aforementioned commitments or guarantees include but are not limited to: the authenticity, timeliness, suitability for specific purposes, any form of ownership guarantee, non-infringement guarantee, etc. of the services or content provided by the third party through the platform. The platform party shall not be liable for any direct, indirect, incidental, special and subsequent damages caused by the aforementioned third-party service content.
7.6 While providing users with information storage space services, the platform attaches great importance to the greenness and health of the Internet environment and the protection of other users' intellectual property rights and other legitimate rights and interests. When uploading and sharing content, users must pay attention not to infringe upon the legitimate rights and interests of any individual, enterprise, institution, or social group, including but not limited to name rights, name rights, reputation rights, honor rights, portrait rights, privacy rights, intellectual property rights, etc. , otherwise, the user shall bear full legal responsibility for his own actions and any consequences arising therefrom. This platform only provides users with uploading services for users to share content. This platform does not make any modifications or edits to the content uploaded by users. This platform firmly opposes any behavior that violates the laws and regulations of the People's Republic of China.
7.7 If you believe that the content uploaded by users on this platform (including text, pictures, etc.) infringes your legal rights, or the content uploaded by users violates relevant laws and regulations, please follow the steps below and submit the relevant Materials to report, in order to maintain the green environment of the Internet as much as possible and protect your legitimate rights and interests. This platform will follow the relevant laws and regulations according to the materials submitted by the right holders, and deal with them as soon as possible after review and verification. Click the "Report" button and fill in the corresponding information according to the system prompts. Including but not limited to the following:
(1) Subject information of the obligee
(2) The infringing content and requests reported by the right holder: including the content and webpage address of the content requested to be deleted and disconnected
(3) Proof of rights of the obligee: such as copyright, trademark, patent and other intellectual property infringements, including but not limited to copyright registration certificates, trademark certificates, patent certificates, and the first public publication or release date of the work should be provided Proof materials, creation manuscripts, work creation time stamps issued by authoritative organizations, work filing certificates and other proofs of ownership that can effectively prove that the obligee owns the relevant rights; if reputation rights, privacy rights and other legitimate rights and interests are infringed, corresponding valid certificates should be provided. Evidence materials; and a specific list of alleged infringements and infringement facts. The obligee shall ensure that the information and other relevant materials it provides in the report interface are true, legal and valid. All consequences arising from the relevant materials and documents provided by the whistleblower shall be borne by the whistleblower. The whistleblower promises to bear and compensate for any losses caused to the platform due to the platform’s deletion or disconnection of relevant content links according to the whistleblower’s notification, including but not limited to the losses caused by the platform to the complained or to the user for compensation And damage to the reputation and goodwill of the platform. After receiving the report information that meets the above requirements, the platform will review it within a reasonable time, and delete the allegedly infringing content after the review is correct. If the above conditions are not met, we will reject the reported information and ask you to provide additional information and materials, but we will not take corresponding measures including deletion or disconnection for the time being. Due to the different content and complexity of the reported information, the required cycle is also different. Please wait patiently.
8.1 The establishment, entry into force, performance, interpretation of this agreement and any disputes arising from this agreement shall be governed by relevant laws and regulations of the People's Republic of China (excluding laws and regulations of Hong Kong, Macao and Taiwan).
8.2 Any dispute between the user and the platform party related to this agreement should first be resolved through friendly negotiation. If an agreement cannot be reached through negotiation within 30 days from the date of the dispute, the user agrees to submit the aforementioned dispute to the place where the platform party is located. People's Court to proceed with litigation.
8.3 If any clause in this agreement is completely or partially invalid or unenforceable for any reason, it will not affect the validity of other clauses in this agreement.
8.4 The platform party reserves the right of final interpretation and modification of this agreement and any terms of this agreement.