[Header and Introduction]
Welcome to the use of VPhoneOS software and services!
To use the VPhoneOS software ("the Software") and services, you must read and comply with the "VPhoneOS Software License and Service Agreement" ("this Agreement"). Please read and fully understand the terms and conditions, especially those that exempt or limit liability, as well as separate agreements for activating or using certain services, and decide whether to accept or not. Terms limiting or exempting liability may be highlighted in bold to draw your attention.
Unless you have read and accepted all terms of this Agreement, you are not authorized to download, install, or use the Software and related services. Your actions such as downloading, installing, using, and logging in will be deemed as your agreement to be bound by the terms of the above-mentioned agreements.
If you are under 18 years of age, please read this Agreement and other above-mentioned agreements in the company of a legal guardian, and pay special attention to the terms of use for minors.
I. [Scope of the Agreement]
1.1 [Applicability of the Agreement] This Agreement is between you and Shenzhen Zhiduo Interactive Technology Co., Ltd. (referred to as "Zhiduo Interactive") regarding your downloading, installing, using, copying of the Software, and using services related to Zhiduo Interactive.
1.2 [Contents of this License Agreement] The license under this Agreement refers to the services provided by Zhiduo Interactive to users, including but not limited to the license and services of VPhoneOS software (hereinafter referred to as "the Services").
II. [About the Services]
2.1 [Content of the Services] The Services refer to the license and services provided by Zhiduo Interactive, which include applications installed on terminal devices, resource management of contacts, messages, photos, etc., downloading content such as applications, music, e-books, videos, wallpapers, as well as file management, backup, restoration, and application operation functions.
2.2 [Scope of the License for the Services] Zhiduo Interactive grants you a personal, non-transferable, and non-exclusive license to use the Software. You may install, use, display, and run the Software on a single terminal device for non-commercial purposes. You may make one copy of the Software in computer-readable form for backup purposes, solely for using the Software and Services. The backup copy must contain all copyright information found in the original software. All other rights not expressly granted in this Agreement are reserved by Zhiduo Interactive, and you must obtain written permission from Zhiduo Interactive to exercise these rights. Failure by Zhiduo Interactive to exercise any of the aforementioned rights does not constitute a waiver of such rights.
III. [Acquisition of the Software]
3.1 You can obtain the Software directly from the website of Zhiduo Interactive or from a third party authorized by Zhiduo Interactive.
3.2 If you obtain the Software or an installation program with the same name as the Software from a third party not authorized by Zhiduo Interactive, Zhiduo Interactive cannot guarantee that the software will function properly and is not responsible for any loss caused to you as a result.
IV. [Installation and Uninstallation of the Software]
4.1 Zhiduo Interactive may develop different versions of the software for different terminal devices. You should choose to download and install the appropriate version according to the actual situation, and you must not install the Software on other terminal devices without explicit permission from Zhiduo Interactive. Zhiduo Interactive is not responsible for any risks and losses caused by your incorrect installation of the appropriate software version.
4.2 After downloading the installation program, you need to correctly install it by following the steps prompted by the program.
4.3 To provide better and safer services, Zhiduo Interactive may recommend you to install other software during the installation of this Software. You have the choice to install or not install them.
4.4 If you no longer need to use this Software or need to install a new version, you can uninstall it yourself. If you are willing to help Zhiduo Interactive improve product services, please inform them of the reason for uninstallation.
V. [Software Updates]
5.1 To enhance user experience and improve service content, Zhiduo Interactive will continuously strive to develop new services and periodically provide you with software updates (these updates may take the form of software replacement, modification, feature enhancement, version upgrades, etc.).
5.2 To improve user experience and ensure the security and functional consistency of the services, Zhiduo Interactive has the right to update the software or change or limit some of its functional effects without special notice to you.
5.3 After the release of a new version of the Software, the old version may become unusable. Zhiduo Interactive does not guarantee that the old version of the Software will continue to be available and provide the corresponding customer service. Please check and download the latest version regularly.
VI. [User Personal Information and Device Permissions]
6.1 Protecting user personal information is a fundamental principle of Zhiduo Interactive. They will take reasonable measures to protect users' personal information. Zhiduo Interactive uses professional encryption storage and transmission methods to safeguard the security of user personal information.
6.2 Zhiduo Interactive will use various security technologies and procedures to establish a comprehensive management system to protect your personal information from unauthorized access, use, or disclosure.
6.3 In the process of using the Services, you may need to use some necessary information or permissions. For example, to provide better terminal resource management services, you may need to provide or display the mobile terminal device model or name for device docking and adaptation; to realize optimization, acceleration, application operation, display, management, etc., in the Services, it may be necessary to check the relevant conditions of your mobile terminal device, including but not limited to the operating environment, memory situation, and phone data; to implement the child protection function, you need to enable the necessary permissions such as "Auxiliary Functions" on the mobile terminal according to relevant guidelines. If there are special regulations in national laws, regulations, or policies, you need to provide true identity information. If you do not provide or provide incomplete information or do not enable necessary permissions, you will not be able to use the Services or will be restricted in using them.
6.4 Without your consent, Zhiduo Interactive will not disclose your personal information to any company, organization, or individual outside of Zhiduo Interactive, except as otherwise provided by laws and regulations.
6.5 Zhiduo Interactive pays great attention to the protection of personal information of minors. If you are a minor under the age of 18, you should obtain the written consent of your parents or legal guardians before using the services of Zhiduo Interactive.
VII. [Principal Rights and Obligations]
7.1 [User Precautions]
7.1.1 You understand and agree that to provide effective services, you hereby permit Zhiduo Interactive to utilize resources such as the processor and bandwidth of your computer and mobile communication terminal. Data traffic costs may be incurred during the use of the Software, and you are responsible for consulting the relevant tariff information with your operator and bearing the associated costs.
7.1.2 When you use a specific service of this Software, there may be separate agreements, related business rules, etc. (collectively referred to as "Separate Agreements") for that service. Please read and agree to the relevant Separate Agreement before using the service.
7.1.3 You shall bear the following risks, including but not limited to those beyond the control of Zhiduo Interactive, when using this Software and services:
7.1.3.1 Risks of personal information loss, leakage, etc., due to irresistible factors.
7.1.3.2 This service is only applicable to phones with the Android operating system installed. Before using, users must confirm that their phone model is supported by this service and has the Android operating system installed. Any software problems, phone issues, or damage caused by incompatibility with the phone model or operating system are the user's responsibility.
7.1.3.3 Information security risks related to users' mobile privacy information while using this Software and services.
7.1.3.4 Risks concerning content quality and safety when users access third-party websites or applications through this Software.
7.1.3.5 Risks of sync login failure, incomplete data synchronization, slow page opening, etc., due to unstable network signals or insufficient bandwidth.
7.2 [Third-Party Products and Services]
7.2.1 When you use products or services provided by a third party through this Software, in addition to complying with this Agreement, you should also comply with the third party's user agreement. Zhiduo Interactive and the third party will each bear their respective responsibilities for any disputes that may arise within the scope of legal regulations and agreements.
7.2.2 When you use this Software or request specific services from Zhiduo Interactive, the Software may call third-party systems or support user usage or access through third parties (e.g., third-party content in download centers). The results of such use or access are provided by the third party, and Zhiduo Interactive does not guarantee the security, accuracy, effectiveness, or other uncertain risks of the services and content provided through third-party systems. Any disputes and damages arising therefrom are unrelated to Zhiduo Interactive, and Zhiduo Interactive bears no responsibility.
7.2.3 You should understand and agree that the mobile applications, games, music, e-books, wallpapers, and other resources you browse and download through this service are provided by third parties and are not provided by the Software itself. Zhiduo Interactive does not guarantee the legality, safety, applicability, and stability of any mobile applications, games, and other resources not published by Zhiduo Interactive, nor does it bear any responsibility for them.
7.2.4 You should judge the mobile applications, games, and other resources in this service yourself and bear all risks arising from the use of these resources. Zhiduo Interactive cannot and will not be responsible for any loss or damage resulting from the aforementioned risks.
VIII. [User Behavior Standards]
8.1 [Information Content Standards]
8.1.1 You are allowed to use this Software and its services to publish original content or content you are authorized to post, including opinions, data, text, information, usernames, images, photos, personal information, audio, video files, links, etc. You must ensure that you hold the copyright or have obtained legal authorization for the content you upload, and that your use of this Software and its services does not infringe upon any third-party's legal rights.
8.1.2 When using these services, you are prohibited from engaging in the following behaviors, including but not limited to:
(1) Publishing, transmitting, disseminating, or storing content that violates national laws, jeopardizes national security, unity, social stability, public order, good morals, or content that is insulting, defamatory, obscene, or violent;
(2) Publishing, transmitting, disseminating, or storing content that infringes on the rights of others, such as reputation, portrait rights, intellectual property rights, trade secrets, etc.;
(3) Fabricating facts or concealing the truth to mislead or deceive others;
(4) Publishing, transmitting, disseminating advertising information and spam;
(5) Any other actions that violate laws, regulations, policies, public order, good morals, or infringe upon the legal rights of third parties.
8.2 [Software Usage Standards]
Unless permitted by law or authorized in writing by Zhiduo Interactive, you must not engage in the following activities while using this Software:
(1) Removing information related to copyright from the Software and its copies;
(2) Engaging in reverse engineering, decompiling, or disassembling the Software, or attempting to discover the Software's source code in any other way;
(3) Using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, establishing mirror sites, or engaging in similar activities with content that has intellectual property rights owned by Zhiduo Interactive;
(4) Copying, modifying, adding, deleting, or creating derivative works from data released into any terminal memory during the operation of the Software, data from the interaction between client and server during the Software’s operation, and system data necessary for the Software's operation. This includes, but is not limited to, using plug-ins, add-ons, or third-party tools/services not authorized by Zhiduo Interactive to access the Software and related systems;
(5) Modifying or falsifying instructions or data during the Software's operation to change the Software's functionality or operational effects, or operating or disseminating software or methods used for such purposes to the public, regardless of whether these actions are for commercial purposes;
(6) Logging in or using Zhiduo Interactive's software and services through third-party software, plug-ins, add-ons, or systems not developed or authorized by Zhiduo Interactive, or producing, publishing, or disseminating such tools;
(7) Independently, or authorizing others or third-party software to interfere with the Software and its components, modules, or data;
(8) Any other actions not explicitly authorized by Zhiduo Interactive;
(9) Any other actions that violate laws, regulations, or policies.
8.3 [User Membership Information]
8.3.1 Users must complete payments through payment methods recognized by Zhiduo Interactive on the recharge service interface to activate paid membership services. At the time of activation, users should carefully check account names, service types, and the duration of the service. Zhiduo Interactive will not acknowledge or refund any fees for claims regarding incorrect account charges, incorrect selection of service types, or duration after the activation of paid membership services.
8.3.2 Paid membership services are limited to the rightful owner of the corresponding Zhiduo Interactive account and can only be used through that account. Users are responsible for all activities and behaviors associated with their account and are prohibited from gifting, transferring, lending, renting, or selling Zhiduo Interactive membership accounts. Zhiduo Interactive is not responsible for any loss due to account or password leaks not caused by Zhiduo Interactive, or due to improper storage, use, or maintenance by the user.
8.3.3 Users expressly agree that the following actions are considered severe infringements of the rights and interests of Zhiduo Interactive. If a user engages in the following actions, Zhiduo Interactive has the right to terminate the provision of paid membership services without notifying the user and may restrict, freeze, or delete the relevant account. Zhiduo Interactive is not obliged to provide any compensation or refund in such cases, and all responsibilities arising therefrom shall be borne by the user. If such actions cause loss to Zhiduo Interactive or third parties, the user shall be fully liable for compensation:
(1) Obtaining paid membership services for profit-making purposes for oneself or others;
(2) Providing the paid membership account for third-party use in any form, such as renting, lending, or selling;
(3) Using any content obtained through paid membership services for purposes other than personal study, research, or appreciation;
(4) Illegally using another person's Zhiduo Interactive account to register for or use paid membership services;
(5) Obtaining paid membership services through any robot software, spider software, crawler software, screen scraping software, or other methods not recognized by Zhiduo Interactive;
(6) Obtaining paid membership services through improper means or actions that violate principles of honesty and credit.
8.4 [Responsibility for Your Own Actions]
You fully understand and agree that you are responsible for all actions conducted under your use of this service and your registered account, including any content you publish and any consequences arising from it. You should make your own judgments about the content within the service and bear all risks associated with using such content, including risks due to reliance on the accuracy, completeness, or utility of the content. Zhiduo Interactive cannot and will not be responsible for any loss or damage resulting from the aforementioned risks.
8.5 [Breach of Contract Handling]
If Zhiduo Interactive discovers, or receives a report or complaint from others, that you have violated the aforementioned agreements or any other terms of this agreement, Zhiduo Interactive has the right to independently judge and take technical measures to delete, block, or disconnect the related information links. Simultaneously, depending on the nature of your behavior, Zhiduo Interactive has the right to take measures including, but not limited to, suspending or terminating the service, pursuing legal responsibilities, etc. You understand and agree that Zhiduo Interactive has the right to reasonably judge and penalize actions that violate relevant laws, regulations, or the provisions of this agreement, take appropriate legal actions against any user who violates laws or regulations, and save relevant information to report to relevant departments according to laws and regulations. Users should bear all legal responsibilities arising from this. You understand and agree that if you violate the provisions of this agreement or related service terms, causing or leading to any claims, demands, or losses asserted by third parties, you should bear the responsibility independently; if Zhiduo Interactive suffers losses due to this, you should also compensate for it.
IX. [Intellectual Property Rights Statement]
9.1 Zhiduo Interactive is the intellectual property rights holder of this Software. All intellectual property rights of the Software, including but not limited to copyrights, trademark rights, patent rights, trade secrets, and all information content related to the Software (such as text, images, audio, video, charts, interface design, layout framework, relevant data, or electronic documents), are protected under the laws and regulations of the People's Republic of China and corresponding international treaties. Zhiduo Interactive enjoys these intellectual property rights, except for the rights which should be enjoyed by related right holders as prescribed by law.
9.2 Without the written consent of Zhiduo Interactive or related right holders, you may not implement, use, or transfer the aforementioned intellectual property rights for any commercial or non-commercial purpose, nor may you permit any third party to do so.
X. [Terminal Security Responsibility]
10.1 You understand and agree that, like most internet software, this Software may be affected by various factors (including but not limited to user reasons, network service quality, social environment, etc.) and may also be subject to various security issues (including but not limited to illegal use of user data by others for real-life harassment; viruses, Trojan horses, or other malicious programs in software or websites downloaded and installed by users, threatening the security of your terminal device's information and data, thereby affecting the normal use of this Software). Therefore, you should strengthen your awareness of information security and personal information protection, pay attention to password protection, to avoid losses.
10.2 Maintaining the security and normal use of the software is a shared responsibility of Zhiduo Interactive and you. Zhiduo Interactive will take necessary technical measures to protect the security of your terminal device's information and data, reasonably and prudently according to industry standards. However, you acknowledge and agree that Zhiduo Interactive cannot provide any guarantees in this regard.
10.3 Under no circumstances should you believe in lending, asking for passwords, or other property-related network information. For operations involving property, please verify the identity of the other party first, and pay attention to Zhiduo Interactive's tips on preventing fraud and crime.
XI. [Third-Party Software or Technology]
11.1 This Software may use third-party software or technology (including open-source code and public domain code used by this Software, etc.), and such use has been legally authorized.
11.2 If this Software uses third-party software or technology, Zhiduo Interactive will display related agreements or other documents according to relevant regulations or agreements, possibly as appendices to this agreement, in specific folders in the Software installation package, etc. These agreements or other documents, presented in various forms such as "Software License Agreement," "Authorization Agreement," "Open Source Code License," or other forms, are integral parts of this agreement and have the same legal effect as this agreement. You should comply with these requirements. Failure to comply may result in legal action, fines, or other sanctions by the third party or government agencies against you, with Zhiduo Interactive providing assistance, and you will bear the legal responsibilities.
11.3 Any disputes arising from the use of third-party software or technology in this Software shall be resolved by the third party, and Zhiduo Interactive bears no responsibility. Zhiduo Interactive does not provide customer support for third-party software or technology; if you need support, please contact the third party.
XII. [Other Terms]
12.1 Your downloading, installation, and use of this Software are deemed as your having read and agreed to be bound by this Agreement. Zhiduo Interactive reserves the right to modify the terms of this Agreement when necessary. You can refer to the relevant agreement terms in the latest version of the Software. If you continue to use this Software after the changes to the agreement terms, it is deemed that you have accepted the modified agreement. If you do not accept the modified agreement, you should stop using this Software.
12.2 The place of signing this Agreement is Nanshan District, Shenzhen City, Guangdong Province, People's Republic of China.
12.3 The establishment, effectiveness, performance, interpretation, and dispute resolution of this Agreement are subject to the laws of the mainland area of the People's Republic of China (excluding conflict of laws).
12.4 In case of any dispute or controversy between you and Zhiduo Interactive, it should first be resolved through friendly negotiations; if negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the People's Court where this Agreement is signed.
12.5 The titles of all terms of this Agreement are for convenience of reading only and have no actual meaning, and should not be used as a basis for the interpretation of the content of this Agreement.
12.6 Even if any part of the terms of this Agreement is invalid or unenforceable for any reason, the rest of the terms remain valid and binding on both parties.
12.7 The update date of this Agreement is January 1, 2020, and it will officially take effect on January 1, 2020.
Shenzhen Zhiduo Interactive Technology Co., Ltd.