Agreement and Privacy Policy
1.Overview
This user agreement is a legal agreement entered into by and between user and Suzhou Better Clean Co., Ltd. (hereinafter referred to as “BetterClean”).
User refers to an individual or organization willing to accept or actually already accepting products and services provided by BetterClean.
Only natural person or legal person complying with any of the following conditions can apply to become a user of BetterClean App and use service of BetterClean App:
(1) A natural person aged 18 and above with capacity for civil rights and civil conduct;
(2) A person who has no or restricted capacity for civil conduct may apply to become a user only after obtaining consent from his/her guardian;
(3) Organ, enterprise, public institution, social group or other organization established and legally existing in accordance with Chinese laws, regulations and administrative rules. This agreement contains general terms applicable when a user accepts products and services of BetterClean. Therefore, please read all contents of this user agreement in detail before registering to become a user of BetterClean or accepting products and services from BetterClean. If you have already registered and become a user of BetterClean, or actually accepted products and services of BetterClean, it will be deemed that you have already accepted this user agreement and each service rule released by BetterClean and been willing to accept the binding of the agreement and such rule. Besides, users are hereby reminded that BetterClean has the right to change this user agreement and relevant service rules at any time due to changes of its operation conditions. When modifying this user agreement, BetterClean will make an announcement or prompt in official website or APP interface without informing users individually. If a user does not agree on this user agreement or relevant service rules, or modification made by BetterClean, this user must initiatively stop the use of products and services provided by BetterClean; if the user still continuously use products and services provided by BetterClean after BetterClean modifies the agreement or service rules, it shall indicate that the user agrees on the modification made by BetterClean to this user agreement and relevant service rules and assume relevant risks.
2.Intellectual Property
(1) BetterClean App or its relevant right bearer enjoy relevant intellectual property over BetterClean App and any relevant software,program and content used by BetterClean App, including but not limited to works, photos, archives, data, structure of BetterClean App, layout of BetterClean App, page design, advertisements or information presented by BetterClean App or advertisers to experts or users according to law,including but not limited to copyright, trademark, patent right or other exclusive rights. All of such intellectual property is protected by relevant laws. Without express authorization of BetterClean App or its right bearer, users shall guarantee not to modify, rent out, lend, sell, and distribute BetterClean App as well as any of the abovementioned data and resources used by BetterClean App, or produce any type of products based on such data and resources;
(2) BetterClean App authorizes users with non-transferrable and non-exclusive user right so as to enable the users to use object code of BetterClean App through mobile end (hereinafter referred to as “the Client”).
However users shall not copy and modify “the Client”, create derivative works from “the Client”, carry out reverse engineering and disassembly, or use other methods to decode or try to decode source codes, or sell or transfer “the Client”, or carry out reauthorization of “the Client”, or adopt other methods to transfer any rights of “the Client”, or allow any third party to do so. Users shall agree not to modify “the Client” or use “the Client” modified by any means;
(3) Users shall not use BetterClean App in any interface not provided by BetterClean App.
3.Tariff Policy
When providing products and services, BetterClean App may charge certain expenses of some products and services from users. In this case, BetterClean will provide definite prompt in relevant page. If users refuse to pay such expense, they will not be able to use relevant products and services.As for paid products and services of BetterClean, users shall purchase them in accordance with tariff policy determined by BetterClean; otherwise, BetterClean may immediately stop providing users with such products and services.
BetterClean will have the right to decide and modify tariff standards and charging methods for products and services provided at any time (including modification from free products and services to paid products and services). BetterClean may formulate different tariff standards and charging methods for different products and/or services, or determine different tariff standards and charging methods in different stages of products and services provided; furthermore;BetterClean may modify its tariff policy from time to time. BetterClean will place tariff standards, charging methods,purchasing methods or other relevant tariff policy information of relevant products and services in eye-catching positions of relevant web pages of such products and/or services In order to safeguard users’ legitimate rights and interests as well as right to completely use product and services of BetterClean, users shall purchase relevant products and services from official website of BetterClean or designated distributors.
4.Account and Password
Users understand and agree: Users shall take charge of their own user accounts and password and take responsibility for all activities taking place under their accounts and passwords (e.g. receiving and sending of documents, purchasing of products or services, etc.). Users are entitled to change their accounts and passwords as demanded.Users shall take responsibility for any losses resulting from their own faults which include but not limited to the following conditions: Users forget or disclose passwords; users’ passwords are decoded by others; users’ mobile ends are missing; users fail to operate as prompted or fail to timely operate.Employees of BetterClean (including website and forum management personnel, customer service personnel, etc. of BetterClean) will not inquire users’ passwords by any means. If a user forgets his/her password, BetterClean will reserve the right to charge certain expense for handling of this problem. If a user finds out that his/her account or password is illegally used by others or is abnormally used, this user shall immediately inform BetterClean and submit relevant certificate indicating his/her ownership over this account so as to apply for suspended use of this account and lower his/her loss. However, when a user applies for case registration according to statutory provisions, BetterClean shall be obliged to coordinate with the case handling authority to handle the matter.
5. User Rights and Obligations
Users may accept products and services provided by BetterClean according to this user agreement and other rules released by BetterClean.
Users have the right to supervise if BetterClean and its staff provide products and services for users according to standards released by BetterClean during acceptance of products and services provided by BetterClean Also, users may put forward relevant opinions and suggestions to BetterClean regarding products and services of BetterClean.
While owning legal accounts, users may use information necessary to services in server of BetterClean.
If a user does not agree on this user agreement or raises objection to modification made by BetterClean, or is dissatisfied with products and services provided by BetterClean, this user may stop the use of products and services of BetterClean at any time. If the user chooses to stop the use of products and services of BetterClean, BetterClean will not assume any obligation and responsibility for the users.
While registering to become a user, the applicants shall provide authentic and accurate registration information. Meanwhile, users shall also timely update relevant registration information in case of any change of relevant information (e.g. address, contact number, etc.).
When using services provided by BetterClean, users shall abide by the following terms:
(1) Abide by relevant laws and regulations of the People’s Germany;
(2) Do not use the service system for any illegal purpose;
(3) Abide by all service-related network protocols, provisions and programs;
(4) Do not modify, conduct reverse engineering of, decompile, disassemble, copy or distribute those including but not limited to website of BetterClean as well as software provided;
(5) Do not adopt any abnormal using behavior that may affect network services of BetterClean (including but not limited to damaging and attacking the server or making the server overloaded);
(6) Do not use products of BetterClean or accept services of BetterClean through third-party software or with assistance of third-party software;
(7) Do not use any intellectual property of BetterClean to create or provide same or similar network services such as simulation server without written permission of BetterClean;
(8) Do not utilize products and network services of BetterClean to adopt any behavior that may have an adverse influence on normal operation of the Internet or possibly disturb others for normal use of products and network services provided by BetterClean;
(9) Do not utilize network service system of BetterClean to transmit any harassing, slandering, insulting, intimidating, vulgar, obscene, fraudulent or any other illegal information and data;
(10) Do not utilize service system of BetterClean to adopt other behaviors going against BetterClean;
(11) Do not use data or information acquired not from channels designated by BetterClean;
(12) Carry out consulting of services, products and business regarding BetterClean through customer service channel designated by BetterClean or other specific communication channel and do not release negative publicity regarding BetterClean and its relevant services on public occasions;
(13) Immediately inform BetterClean of any illegal use of users’ accounts or occurrence of security holes in accounts.
6. Rights and Obligations of BetterClean
BetterClean shall provide users with products and services in accordance with released standards.
If a user has any or several of the following behaviors, BetterClean shall have the right to cancel the account of this user or terminate or suspend the provision of all or some services for this user:
(1) Disqualified individuals or organizations shall not register to become users of BetterClean App and agreement between such disqualified individuals or organizations and BetterClean App is ineffective from the beginning. Once this condition is found out, BetterClean will have the right to immediately terminate service of this user and look into all legal liabilities of this user for the use of services of BetterClean App;
(2) The user adopts behaviors in violation of this user agreement or other service rules released by BetterClean;
(3) The account is not logged in or used within 90 days;
(4) The user uses services of BetterClean by improper means;
(5) The users has behaviors damaging rights and interests of BetterClean and its right bearer, associated enterprises or cooperation objects and legitimate rights and interests of other users;
(6) The user has behaviors going against social customs and social morality;
(7) The user violates Germany laws and regulations;
(8) The user has other behaviors in violation of relevant provisions of BetterClean.
When any of the following circumstances occurs, BetterClean has the right to interrupt or terminate the network services provided without giving a notice:
(1) Implementation of necessary maintenance, preservation and construction of relevant website server and other network devices or relevant official website presenting products and network services provided on a regular basis; users may query time of shutdown and maintenance in official website of BetterClean;
(2) Implementation of necessary maintenance, preservation and construction of relevant website server and other network devices or relevant official website presenting products and network services provided at any time based on judgment of BetterClean;
(3) Failure and malfunction of system software and hardware devices provided by partner of BetterClean or man-made operational negligence;
(4) Others’ intrusion to network of BetterClean and tampering, deletion, alteration or forging and compilation of website data, or implementation of any behavior affecting normal operation of computer system of BetterClean;
(5) Force majeure;
(6) Requirements from relevant organizations based on laws and statutory procedures
(7) Other provisions based on national laws or policies.
7. Privacy Protection
Protection of users’ privacy is a fundamental policy of BetterClean which will adopt commercially reasonable method to protect the security of users’ personal information. BetterClean will use security technologies and programs usually available to protect users’ personal information from unauthorized access, use or leakage. BetterClean promises not to publicize accounts, password answers, etc. in users’ registration information without users’ permission unless under the following circumstances:
(1) The users allow BetterClean to disclose such personal information;
(2) Relevant laws, regulations or administrative rules request BetterClean to disclose users’ personal information;
(3) Judicial or administrative authority requests BetterClean to disclose users’ personal information based on legal procedure;
(4) Users’ personal information have to be disclosed in order to protect intellectual property and other property rights and interests of BetterClean;
(5) Users’ personal information have to be disclosed in order to protect personal safety of other users and social masses in case of emergency;
(6) When BetterClean has reasonable ground to doubt about the possibility of relevant account harming national security, BetterClean initiatively submit relevant information to public security authority for investigation and treatment;
(7) BetterClean may provide users with relevant products and services through cooperation with a third party. In this case, if this third party agrees to assume responsibility for user privacy protection same as that of BetterClean, BetterClean may provide this third party with users’ registration information;
(8) BetterClean has the right to carry out technical analysis of the whole user database and utilize user database already analyzed and sorted commercially under the precondition that BetterClean does not disclose individual users’ privacy.
8. Liability for Breach of Contract
Users agree to safeguard and maintain interests of BetterClean and other users. If a user violates relevant laws and regulations or any term under this user agreement so as to cause losses to BetterClean or any other third party, this user will agree to assume damage compensatory responsibility therefore incurred The user agrees to compensate all damages and liabilities caused to parent company, subsidiaries, associated enterprises, employees and all relevant personnel of BetterClean due to the user’s violation of relevant laws and regulations or this user agreement.
9. Scope of Responsibility of BetterClean
When accepting this agreement, users shall clearly understand and consent:
(1) BetterClean is unable to predict any technical problem or any other difficulty at any time. This difficulty may result in loss of data or interruption of other services. BetterClean provides services on the existing technical basis and BetterClean does not guarantee the following matters:
a. BetterClean will comply with users’ requirements or demands;
b. BetterClean is capable of timely providing all contents without disturbance and BetterClean is safe, reliable or free from error;
c. The result of obtaining of this service use right is correct or reliable.
(2) Users shall consider and measure any information sent by other experts or users downloaded or obtained via App and bear risks themselves. The users shall perform complete responsibilities for any damage to users’ mobile end system or data loss arising from downloading any file;
(3) Suggestions or contents obtained by users through BetterClean App never constitute any guarantee not expressly stipulated herein regardless of form or presentation;
(4) As for losses of profits, goodwill, use, and data or other intangible losses resulting from the following reasons, BetterClean APP does not assume any direct, indirect, attached, special, derivative or punitive compensation:
a. Use or unavailability of BetterClean App;
b. Users’transmission or data suffers from unauthorized access or change;
c. Statement or behavior of any third party in BetterClean App;
d. Products or service popularization provided for the users in the services of BetterClean App;
e. Other relevant matters of BetterClean App
10.Legal Governance and Settlement of Disputes
Interpretation and application of relevant specifications of the products and services as well as relationship of rights and obligations between users and BetterClean due to use of products and services provided by BetterClean shall be subject to laws of the People’s Germany.
Any dispute arising between users and BetterClean shall be settled by the parties through amicable negotiation; if negotiation fails, the parties may file a lawsuit to the court in the place where Suzhou Better Clean Co., Ltd. is located.
11.Miscellaneous
All notices under this user agreement may be delivered by means of important page announcement, email or regular correspondence transmission; the date when a notice is sent is deemed as the date when the notice is delivered to the recipient. If different understandings exist in any term of this user agreement, the interpretation of BetterClean shall be followed under the condition that national laws are not conflicted. If relevant terms of this user agreement go against laws, the latter shall prevail and BetterClean will reinterpret or modify relevant terms, while the other parts of this user agreement will maintain is legal effect over the users. If any term in this user agreement becomes invalid or unenforceable completely or partly due to various reasons, the remaining terms of this user agreement shall still remain effective and binding on the parties under this agreement.