User Service Agreement

Released on:January 1, 2023

Effective from:January 1, 2023

This Website is owned and operated by Anhui iFLYHealth Co., Ltd. (hereinafter referred to as "the Company" or "We"). This Agreement is a contractual document signed between the Company and the registered user of this Website (hereinafter referred to as "User" or "You").

Please read this Agreement carefully before signing up as a user of this Website. If you disagree with any of the contents of this Agreement, or if you cannot accurately understand our interpretation of the terms, please do not perform subsequent operations; if you sign up as a user of this Website, you have fully read, approved and agreed to abide by all the contents of this Agreement. At the same time, you shall promise to abide by Chinese laws, regulations, rules and other government normative documents. You shall independently bear all corresponding legal liabilities in your own name if there are any legal consequences caused by violations.

If you are under the age of 18, please read this Agreement carefully and fully understand it accompanied by your guardian, and use this Website and related services with the consent of your guardian.

The Company has the right to formulate and amend this Agreement or all kinds of rules from time to time as required. As soon as the revised agreement and rules are published, they will enter into force automatically and will have legal effect on the user signing up after the entry into force of the new agreement and rules. If the user signing up before the entry into force of the agreement and rules continues to use the services provided by this Website after the entry into force of the new rules, it indicates that the user has fully read, recognized and agreed to abide by the new agreement or rules. If the user refuses to accept the new agreement and rules, the user shall have the right to waive or terminate the use of the services provided by this Website, but the user shall bear any legal liability under the transactions already carried out on this Website, and shall follow the agreement or rules in force at the time of the transaction by the user.

I. DEFINITION AND INTERPRETATION

1. User: The "User" in this Agreement means the user who chooses to accept all the terms and conditions of this Agreement after reading this Agreement. The user can access and browse some of the contents of this Website in guest mode. If the user chooses to sign up for an account or chooses other third-party login methods to use this Website, they can also use the services of this Website after signing up and login.

2. Affiliate: "Affiliate" refers to any party that directly or indirectly controls the Company, is controlled by the Company or is jointly controlled with the Company. The terms "control" and "controlled" herein refer to the right to supervise the management policy of a party through voting or other means, respectively.

3. Platform Rules: "Platform Rules" are all kinds of rules, norms, announcements, explanations, interpretations, statements, guidelines or other similar contents that have been or will be published on the platform, and the actual contents displayed on the platform shall prevail.

4. Account: "Account" is the virtual symbol obtained by signing up for an account on this Website to identify the user. The user can set the corresponding password for the account, and the account and password shall be kept and used by the user who is held legally responsible for all actions carried out under the user account.

5. Account Information: "Account Information" is the information for signing up and can be used to identify the user account, including the name, profile photo, cover, personal profile, signature, and authentication information.

Ⅱ. ABOUT "ACCOUNT"

1. Sign up

(a) You can sign up for an account on this Website for authorized login. With your phone number as your account, you can sign up and log in by "account + SMS verification code". The account and password you set are the credentials you use to log in and use this Website as a registered user.

(b) You understand and promise that the account you set shall not violate national laws and regulations and the relevant platform rules of the Company, and if there is occupational information contained in your account name, profile photo, personal profile and other personal information for registration, it should be consistent with your real occupation. There shall be no illegal or bad information in your registration information. You shall not open an account in the name of another person without his or her  permission (including, but not limited to, fraudulent use of another person's name, title, profile photo, etc. that can cause confusion), and you shall not maliciously sign up for an account (including, but not limited to, frequent registration, bulk registration, etc.). In the process of registration and use of your account, you must abide by the relevant laws and regulations, and shall not carry out any actions that infringe upon the interests of the State, damage the legitimate rights and interests of other citizens, and are harmful to social morality. We have the right to review the registration information submitted by you.

(c) You shall ensure that you provide a valid phone number when signing up for/logging in to an account, and use SMS verification code to complete the registration. If the phone number you provide is incomplete or inaccurate, you may not be able to use this Website or may be restricted in the process of use.

(d) You shall ensure the authenticity of the identity information provided when you sign up, and you must use authentic, accurate, legitimate and valid identity authentication materials and necessary information when registering and managing your account. If the material or information you submit is inaccurate, untrue or illegal, or we have reason to suspect that it is wrong, false or illegal, we shall have the right to refuse to provide you with relevant services or you may not be able to use this Website or some of its functions may be limited in the process of use.

2. Use

(a) The ownership and related rights and interests of your registered account in this Website belong to the Company, and you only enjoy the right to use this account after you have completed the registration. You shall use, operate and manage this Website account correctly and properly. Your account is limited to your own use, and it is forbidden to grant, lend, lease, transfer, sell or otherwise permit others to use this account in any form without the written consent of the Company. If the Company finds or has reasonable grounds to believe that the user of the account is not you, the Company shall have the right to suspend or terminate the services to the registered account without notifying you, and shall have the right to cancel the account without assuming legal liability to you.

(b) It is your responsibility to maintain the security and confidentiality of your personal account, and to bear full legal responsibility for the activities you undertake in the name of your registered account, including, but not limited to, any data modifications, comments and other operations you make through this Website. You shall attach great importance to the confidentiality of your account and must not disclose your account to others under any circumstances. You shall notify us immediately if you find that someone else is using your account without permission or there are any bugs.

(c) You can retrieve your account in time via the appeal channel of the Company after losing the account. You understand and agree that our account recovery mechanism only needs to identify whether the information given in the appeal form is consistent with the system records, and if the information you provide is untrue or incomplete, making it impossible to verify your identity or judge your needs and realize real-time processing, all losses caused shall be borne by you. At the same time, you understand that it takes a reasonable time for us to reply and take measures. We will not be responsible for any losses caused not for its own reasons.

(d) We specially remind you to take good care of your account, and you shall safely log out when you have finished using it. You shall be responsible for the account theft as a result of your improper care. If your account is used by a third party or any other problems arise, you are obliged to notify the Company in a timely manner (including, but not limited to, providing your identity information, relevant facts and your requirements, etc.).

(e) In order to protect the interests of you and the Company, the Company shall have the right to examine the relevant materials submitted by you (ID photo held by the natural person, copy of business license of enterprise as a legal person, copy of certificate of public institution as a legal person, etc.), have the right to decide whether to approve your application or not, and have the right to require you to provide declaration/description, service qualification, service scope and other materials depending on the situation. If you refuse to provide materials or submit information that is untrue, inaccurate, incomplete or illegal, you may not be able to use this Website or may be restricted in the course of use. Our examination does not mean that we are responsible for the authenticity, accuracy, and legality of the materials and information you submit. You shall be independently responsible for the materials and information.

(f) In order to provide better services for you, the Company shall have the right to classify the users of this Website, and have the right to set corresponding permissions and provide corresponding services according to the level.

3. Unless otherwise stipulated in this Agreement, the information about the account you create shall not:

i) violate the provisions of Article 6 and 7 of Regulations on Ecological Governance of Network Information Content;

ii) counterfeit, fake or fabricate the names and symbols of political parties, party, government and military organs, enterprises and institutions, people's organizations and social organizations, etc.;

iii) counterfeit, fake or fabricate the names and emblems of countries (regions), international organizations, etc.;

iv) counterfeit, fake or fabricate the names and logos of news media including news websites, newspapers and periodicals, radio and television organizations, news agencies, etc., or use "news", "report" and other names and symbols with news attributes without authorization;

v) counterfeit, fake or be maliciously associated with important geographical names and symbols of national administrative regions, institutional locations, landmarks, etc.;

vi) deliberately contain QR codes, websites, email, contact information, etc., or use homophonous and similar words, numbers, symbols and letters, etc. for the purpose of harming the public interests or seeking illegitimate interests;

vii) contain fake or exaggerated contents that may deceive or confuse the public;

viii) contain other contents prohibited by laws, administrative regulations and relevant state regulations.

4. Cancel

You have the right to cancel your account, and you can contact our customer service staff according to the contact information described in this Agreement to assist you in canceling your account. After receiving your request, you need to provide your account (phone number) and SMS verification code to verify your identity. After successful verification, we will complete the cancellation for you within 15 working days. In order to ensure security, you need to provide appropriate ways to prove your identity and the legitimacy of your request. After successful cancellation, we will delete or anonymize your personal information as soon as possible in accordance with the requirements of laws and regulations.

Ⅲ. SERVICE CONTENT OF THIS WEBSITE

1. You may be able to use this Website in the form of web pages through computers, mobile phones and other terminals, and the actual form provided by the Company shall prevail. At the same time, the Company will continue to diversify the terminals and forms for you to use this Website.

2. Service charge

(a) Some of the services on this Website are provided on a fee basis. If you use the paid services, please abide by the service-related agreement. You shall suspend the use of relevant value-added services and contact us through the contact information provided at the bottom of the page if you disagree with the relevant terms of service and their amendments and changes. If you are a minor under the age of 18, please, accompanied by your legal guardian, carefully read the relevant agreements, instructions and rules about value-added services, and choose whether or not to accept the agreements, instructions, rules and services.

(b) The Company has the right to determine the charging standard of paid services. The specific charging shall be based on the standard published on the relevant charging service page of this Website, and users can choose and pay to use the corresponding services according to their own needs.

(c) You understand and agree that you will pay us through the third-party payment tools (WeChat Pay, Alipay, etc.). The payment function itself does not require the collection of your personal information, but we need to share your order information and transaction amount information with these payment institutions to confirm your payment instructions and complete the payment. We kindly remind you that before establishing a legal relationship with a third-party payment, you shall carefully read the third party payment user service agreement, privacy policy and other legal documents.

(d) You understand and agree that if you have completed the payment in accordance with the charging standard published on this Website, we will not refund your payment for the use of the service unless you cannot use the service properly due to infringement or dispute over the corresponding paid service you purchased.

(e) If you have any doubts or questions when purchasing the service, you can contact us by the contact information provided on service page or through the contact information provided at the bottom of the page.

Ⅳ. SPECIFICATIONS FOR USE

1. The Company authorizes you to use this Website for non-commercial purposes. However, you must obtain prior written authorization and permission from the Company for commercial use (including but not limited to sale, reproduction, distribution, pre-installation, bundling or other commercial activities).

2. You can ask us questions about the use of this Website, and the Company's obligation to answer shall not go beyond the Company's reasonable tolerance.

3. You fully understand and agree that the information uploaded, shared and transmitted by users of this Website does not represent the views of the Company, and the Company shall not bear any responsibility for it. At the same time, you shall judge the content provided by other users of this Website and take all risks arising from the use of the content, including the risk arising from reliance on the correctness, completeness or legitimacy of the content, this Website shall not bear any legal liability for this.

4. You shall not modify, copy or disseminate materials related to this Website. If you copy, modify or disseminate these materials, resulting in damage to others, or damage to the image of the Company, you shall assume corresponding legal liabilities. You shall not delete, cover up or change the copyright notice, trademark or other rights statements of the Company.

5. Your use of this Website to publish, disseminate and share picture, text, audio and other information means that you have the right and agree to grant the following rights to the Company permanently, irrevocably and free of charge worldwide:

i) the right to use, issue, copy, modify, adapt, publish, translate, disseminate, demonstrate and display the information, and create derivative works;

ii) the right to incorporate all or part of the information into any other form of work, media, or technology;

iii) the right to commercially develop the information uploaded and released by users;

iv) the right to provide information downloading, data transmission and related advertising and promotion services to users' computer terminals and mobile communication terminals (including, but not limited to, portable communication devices, such as mobile phone and smart tablet computer) through wired or wireless networks.

6. Users who upload, publish or transmit symbols, words, pictures, etc. on this Website shall ensure that the contents neither violate laws, regulations and normative documents, nor infringe upon the legitimate rights and interests of any third party, shall not provide relevant products and services that induce minor users to indulge in any form, and shall not produce, copy, publish or disseminate information that harms the physical and mental health of minors, otherwise, all adverse consequences caused shall be borne by users themselves, and users shall also be liable for compensation to the Company if losses are caused to the Company. In case of any claim by the relevant right holders due to the user's violation of this Agreement, the Company shall have the right to directly delete, remove or block the relevant disputed content without notifying the uploader, and take measures including warning and reminding users, ordering users to make corrections within a prescribed time limit, restricting account functions, suspending use, closing account, and prohibiting re-registration.

7. Users guarantee that they shall not use this Website to infringe upon the legitimate rights and interests of the Company and others, and shall not disrupt the normal operation of this Website through network vulnerabilities, malicious software or other illegal means. Otherwise, the Company shall have the right to take measures including warning and reminding users, ordering users to make corrections within a prescribed time limit, restricting account functions, suspending use, closing account, and prohibiting re-registration depending on the seriousness of the violations.  If the case constitutes a crime, the Company shall have the right to hand over the case to the judicial department for handling.

8. Users are prohibited from engaging in the following activities:

(a) using any plugins, systems or third-party tools that are not authorized or allowed by the Company to interfere with, disrupt, modify or exert other influence on the normal operation of this Website;

(b) using this Website to carry out any actions that endanger the security of the computer network, including, but not limited to:

i) engaging in activities that endanger network security, such as illegally intruding into other people's networks, interfering with the normal functions of other people's networks, and stealing network data;

ii) providing programs and tools specially used for hacking into other people's computers, interfering with the normal functions and protective measures of the network, stealing network data, and other activities that endanger network security;

iii) knowing that others engage in activities endangering network security, but providing them with technical support, advertising and promotion, payment and settlement and other help;

iv) using unauthorized data or accessing unauthorized servers/accounts;

v) accessing the public computer network or other people's computer systems, and delete, modify, add or store information;

vi) attempting to detect, scan, test the weaknesses of the service system or network and undermine network security without permission;

vii) attempting to interfere with or disrupt the normal operation of the service system or website, deliberately spread malicious programs or viruses and participate in other acts that disrupt and interfere with normal network information services;

viii) falsifying the name of TCP/IP packet or some other names.

(c) reverse-engineering, decompiling, compiling this Website or otherwise attempting to discover the source code of this Website;

(d) maliciously signing up for accounts on this Website, including but not limited to frequent and bulk account registration;

(e) producing, copying, uploading, publishing or disseminating the content prohibited by laws and administrative regulations, which:

i) opposes the basic principles laid down in the Constitution; 

ii) endangers national security and discloses state secrets;

iii) attempts to subvert state power, overthrow the socialist system, incite secession or undermine national unity;

iv) harms the state honor and interests;

v) advocates terrorism and extremism;

vi) advocates ethnic hatred and discrimination and undermines national unity;

vii) incites regional discrimination and hatred;

viii) attempts to sabotage the state's religious policy and promote cults and superstitions;

ix) attempts to fabricate or spread rumors or false information, disturb economic and social order and undermine social stability;

x) spreads violence, obscenity, pornography, gambling, murder, terror or abets crime;

xi) infringes upon the legitimate rights and interests of minors or harms their physical and mental health;

xii) infringes upon the legitimate rights of others by secretly taking pictures or secretly videotaping without the permission of others;

xiii) contains terror, violence, blood and high risk, and harms the physical and mental health of the performer or others;

xiv) endangers network security and uses the network to endanger national security, honor and interests;

xv) insults or slanders others or infringes upon the legitimate rights and interests of others;

xvi) contains violence, intimidation, threats to others, and cyber manhunt;

xvii) involves the privacy, personal information or data of others;

xviii) spreads foul language and harms the public order and good customs of the society;

xix) infringes upon the legitimate rights and interests of others, including the right to privacy, reputation, portrait, intellectual property rights, trade secrets, etc.;

xx) uses this Website for promotion and advertising for themselves or third parties without the permission of the Company (including but not limited to adding third party links, advertisements, etc.);

xxi) contains over-marketing information, harassment messages and/or spam, and vulgar information;

xxii) uses languages other than those commonly used on this Website to produce, copy, upload, publish and disseminate content, messages and comments;

xxiii) has nothing to do with the contents, messages and comments produced, copied, uploaded, published or disseminated;

xxiv) makes no sense, or deliberately uses character combinations to evade technical review;

xxv) contains other information that violates laws and regulations, policies and public order and good customs, interferes with the normal operation of our partners or infringes upon the legitimate rights and interests of other users or third parties.

V. DECLARATION OF RIGHTS AND CONFIDENTIALITY

1. The Company enjoys the intellectual property rights of this Website, which are protected by the Universal Copyright Convention, the Copyright Law of the People's Republic of China, the Patent Law and other laws and regulations on intellectual property rights.

2. The Company grants you a revocable, limited, non-exclusive and non-transferable right to use this Website, and you shall be limited to using this Website for non-commercial purposes.

3. Confidentiality

(a) We will take strict special confidential measures to protect your information from unauthorized access, use or disclosure. It is the common responsibility of the Company and you to maintain the safety and normal use of this Website. We will take appropriate security measures and technical means to maintain this Website.

(b) You understand and agree that the Company shall not be held legally liable for information disclosure not caused by man-made factors created by us, but by natural disasters, theft, robbery, hacker attacks, etc.

(c) The Company shall no longer undertake the obligation of confidentiality if it is disclosed:

i) due to the public disclosure of the information, speech, video and text provided by you, rather than man-made factors created by us;

ii) as required by laws and regulations, administrative and judicial authorities, or other competent authorities;

iii) with your prior authorization;

iv) in order to identify, prevent or deal with fraud, security or technical problems;

v) in order to implement the relevant service agreement or this Policy, and to safeguard the public interests;

vi) for reasonable and necessary purposes including protecting the personal and property safety or other legitimate rights and interests of our customers, us or our affiliates, other users or employees.

Ⅵ. ADVERTISING

1. You understand and agree that in the process of using this Website, we will send you promotional messages for other products, including, but not limited to, promotions and discounts. Please be aware of any disturbances that may be caused to you.

2. The Company shall perform the relevant obligations to the advertiser in accordance with the provisions of the law and the relevant cooperation agreement, and you shall judge the authenticity of the advertising information and be responsible for your own judgment. Except as expressly provided by law, the Company shall not be responsible for any loss or damage you suffer as a result of the transaction based on the advertising information or the content provided by the above-mentioned advertiser.

3. You agree that you shall carefully judge the authenticity and reliability of the advertising information that appears on this Website, and you shall be responsible for the transactions based on the advertising information except as expressly provided by law.

Ⅶ. NO WARRANTY

1. Although this Website (including its upgraded version) has been tested in detail by the Company, we do not guarantee that it is fully compatible with all software, hardware and systems. If there is incompatibility, you can notify us of the problem for technical support. If the problem cannot be solved, you can choose to stop using this Website.

2. The Company makes no warranty of any kind, express or implied, for the following matters:

i) the relevant network services provided by the Company under this Agreement will meet the requirements of the users;

ii) the related services provided on this Website under this Agreement will not be affected by force majeure, computer viruses, hacking, system instability, user location, shutdown, telecommunications sector reasons, network, technology, communication lines and any other external or human factors;

3. Third-party products and services

(a) You understand and agree that when you use the products or services provided by a third party through the links and labels on this Website, you shall abide by the user agreement of the third party in addition to the provisions of this Agreement. Disputes that may arise from your use of products or services provided by third parties should be resolved by yourself, and possible risks should also be borne by you.

(b) When you use this Website or require this Website to provide specific services, this Website may invoke third-party systems or support your use or access through the third party, and the results of use or access are provided by the third party (including, but not limited to, services provided by the third party through plug-ins on this Website). The Company shall not guarantee the security, accuracy, effectiveness and other uncertain risks in the provision of services and content through the third party, and you shall be held responsible for any disputes or damages arising therefrom.

(c) The above-mentioned relevant agreements or other documents presented in various forms are an integral part of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. The third party or state organ may sue and fine you or take other sanctions against you and ask us for assistance, and you shall bear your own legal liability if you fail to comply with these requirements.

Ⅷ. PRIVACY PROTECTION

1. You shall ensure that if you use this Website to obtain other people's personal information, you shall abide by the relevant regulations of the People's Republic of China on the protection of personal information to process personal information, and guarantee that, if you are involved in outbound data transfer acts stipulated in the Measures for Security Assessment for Outbound Data Transfer, the Guide for Application of Security Assessment for Data Outbound Transfer (First Edition) and other relevant documents, you shall, through the local Cyberspace Administration at the provincial level, apply to the State Cyberspace Administration for security assessment for the outbound data transfer. Otherwise, the Company shall have the right to take measures including warning and reminding users, ordering users to make corrections within a prescribed time limit, restricting account functions, suspending use, closing account, and prohibiting re-registration depending on the seriousness of the violations. If the case constitutes a crime, the Company shall have the right to hand over the case to the judicial department for handling.

2. The relevant provisions on privacy protection shall be subject to the contents of Privacy Policy.

Ⅸ. BREACH OF AGREEMENT

1. In view of your violation of this Agreement or other terms of service, the Company shall have the right to independently judge and take measures including warning and reminding users, ordering users to make corrections within a prescribed time limit, restricting account functions, suspending use, closing account, and prohibiting re-registration. The Company shall have the right to announce the results of handling, and to decide whether to restore or not according to the actual situation. The Company shall keep the record for acts suspected of violating laws and regulations and suspected of committing crimes, report it to the relevant competent departments according to laws and cooperate with the relevant competent departments for investigation.

2. In case of complaint or claim by the third party due to your violation of this Agreement or other terms of service, you shall take all legal responsibilities on your own. If the Company, its affiliated companies and subsidiaries compensate any third party or are punished by state organs due to your illegal acts or breach of contract, you shall also fully compensate the Company, its affiliated companies and subsidiaries for all losses thus suffered.

3. The Company respects and protects the legitimate rights and interests of legal persons and citizens, including intellectual property rights, and the right to reputation, name, privacy, etc. You guarantee that the words, pictures and links uploaded when using this Website will not infringe upon the legitimate rights and interests of any third party, including intellectual property rights, and the right to reputation, name, privacy, etc. Otherwise, the Company shall have the right to remove the contents suspected of infringement upon receipt of notifications from right holders or interested parties. You shall bear all legal liabilities for all claims made by a third party. If your infringement causes losses to the Company, its affiliated companies and subsidiaries (including economic and goodwill losses, etc.), you shall also fully compensate the Company, its affiliated companies and subsidiaries for all losses suffered.

Ⅹ. CHANGES, INTERRUPTIONS AND TERMINATIONS OF SERVICES

1. You understand and agree that this Website and related services offered by the Company is provided in accordance with the current situation that can be achieved by the existing technologies and conditions. We shall try our best to provide you with services to ensure the consistency and safety of services. You understand that the Company cannot foresee and guard against technical risk and other risks at any time, including, but not limited to, service disruptions, data loss and other losses and risks caused by force majeure, viruses, Trojans, hacker attacks, system instability, third-party service defects and other security problems.

2. You understand and agree that in order to serve the needs of the overall operation, the Company shall have the right to modify, interrupt, suspend or terminate the services of this Website after announcement and notification, without being responsible to you or assuming any liability for compensation.

3. The Company shall have the right to notify you 30 days in advance to terminate this Agreement. In this case, the Company will refund the money in full for you if there are paid but unfinished orders in your account when the Company terminates this Agreement.

Ⅺ. Notice and Service

1. If you have any questions or suggestions about this Agreement during the use of this Website, please contact us through the following information and we will give you timely feedback:

Email: shbu_bm_ml@iflytek.com.

You shall ensure that your contact information is valid to receive calls or messages from us, and we will not be responsible for any losses caused by your failure to receive notice.

2. In order to ensure that we deal with your problems efficiently and give you timely feedback, you are required to submit valid contact information, written request and relevant evidential materials, and we will handle your request after verifying your identity. We will reply within 30 days under normal circumstances.

Ⅻ. OTHERS

1. The conclusion, implementation and interpretation of this Agreement and the settlement of disputes shall be governed by the laws of the People's Republic of China and subject to the jurisdiction of the Chinese courts. The two parties shall try their best to resolve it through friendly negotiation if there is any dispute between the two parties over the content of this Agreement or its implementation; either party may bring a suit to the people's court in the place where the Company is located if no negotiation is reached.

2. This Agreement constitutes a complete agreement between the two parties on the matters agreed upon and other related matters. Except as otherwise provided in this Agreement, no other rights are granted to the parties to this Agreement.

3. If any provision of this Agreement is wholly or partially invalid or unenforceable for whatever reason, the remaining provisions of this Agreement shall remain valid and binding.

4. This service can be only used in Chinese mainland, and if you use it outside Chinese mainland (especially in the EU) without authorization, the Company shall not bear any responsibility arising therefrom.

5. This Agreement shall take effect from the date on which the user agrees to sign online and successfully register as a user of this Website, and this Agreement shall remain valid unless the Company terminates this Agreement or the user is disqualified as a user of this Website. The termination of this Agreement does not mean that you are exempted from your obligations and responsibilities under this Agreement or other relevant agreements and rules.