Tencent WeChat Work Software License and Service Agreement

 

Preamble

Thank you for using Tencent WeChat Work Software and Service!

In order to use the Tencent WeChat Work Software (hereinafter referred to as "the Software"), the User shall read and abide by Tencent WeChat Work Software License and Service Agreement (hereinafter referred to as "the Agreement") as well as Tencent Service Agreement, Tencent WeChat Software License and Service Agreement and relevant agreements. It is important that the User carefully reads and thoroughly understands the content of all terms and conditions, particularly those pertaining to the exemption or limitation of liability. The User is also required to review the standalone agreements relating to the activation or use of a specific service and choose to accept them or not accordingly. Terms regarding exemption or limitation of responsibilities may be displayed in bold font to draw the User's attention.

The User may not download, install or use the Software and relevant services unless the User have read and accepted all the terms and conditions of the Agreement. By downloading, installing, using, acquiring and logging in the WeChat Work service admin account and WeChat Work end user account (hereinafter referred to as: WeChat Work Account), the User will be deemed to have read and agreed to be bound by the above agreements.

If the User is a minor, please read the Agreement and other aforesaid agreements in the company of his/her statutory guardian and pay particular attention to the terms and conditions on use by minors.

1. Scope of the Agreement

1.1 Scope of Applicability of the Agreement

The Agreement is formulated and entered into between the User and Tencent with respect to the User's download, installation, use and reproduction of the Software and use of relevant services of Tencent. "Tencent" refers to Tencent company and possible related operation units for related services. "WeChat Work User" refers to an individual or organization that registers, logs in and uses the WeChat Work software and services and obtains the admin permission, and is more frequently referred to in the Agreement as "You". "End User" refers to an individual user who, upon receipt of the invitation, joins WeChat Work platform created by you. "WeChat Work User" and "End User" mentioned above are collectively referred to as "User" or "All Users".

1.2 Contractual Relationship and Conflicting Terms

This Agreement is a supplementary agreement to Tencent Service Agreement. It is an integral part to the foregoing agreement and rules and constitutes a unified whole with such agreement and rules. In case of any conflict between the Agreement and the above, the Agreement shall prevail.

The scope of the Agreement shall also include other agreements, business regulations, etc. relating to the Service, as may be announced by Tencent from time to time. Once officially announced, the above content shall become an inseparable part of the Agreement and shall be observed by you accordingly.

2. The Services

2.1 Content of the Services

The content of the Services refers to the office management & communication tool (hereinafter referred to as "WeChat Work") provided by Tencent to the User, which supports single-person or multi-person participation and also provides the User with services including but not limited to management of organization members, call, corporate directory and integration with other software, in addition to the instant messaging services such as sending of voice messages, images and texts (hereinafter referred to as "the Services").

2.2 Form of the Services

2.2.1 The User needs to download the WeChat Work client and register a WeChat Work account to use the Services. Tencent will provide the User with admin permissions, features, instructions and other services of WeChat Work and exercise its due diligence to guarantee normal running of the Services.
2.2.2 Tencent provides multiple versions of the WeChat Work client for the Services, including but not limited to those for Windows, Mac, iOS and Android, which shall be subject to the ones actually provided by Tencent, and the User must choose the version compatible with the terminal device. Tencent will update the app version from time to time. If the User has registered to use the services of a certain version, the User may use the services of other versions with the same account. The Agreement shall automatically apply to the software and services of all the versions used by the User.

2.2.3 You may apply for a WeChat Work service admin account, upload and manage contacts of organization members, and invite organization members through such admin account, facilitating communication and interaction between internal members via WeChat Work.

2.3 Scope of License of the Services

2.3.1 Tencent will grant the User a non-transferable and non-exclusive license to use the Software.

2.3.2 You may make one copy of the Software for the purpose of using the Software and Services, and shall only use such copy as a backup. The copy must contain all the copyright information contained in the original software.

2.3.3 Tencent reserves all other rights not expressly granted by this Article and other terms hereof. The User shall separately obtain Tencent's written permission when exercising such rights. Tencent's failure to exercise any of the aforesaid rights shall not constitute a waiver of such rights.

3. Acquisition of the Software

3.1 The User may obtain the Software directly on Tencent's website or from a third party authorized by Tencent.

3.2 If the User obtains the Software or an installer with the name of the Software from any third party without the authorization by Tencent, Tencent cannot guarantee the normal use of the Software and will therefore assume no responsibility for any loss caused thereby to the User.

4. Installation and Uninstallation of the Software

4.1 Tencent may have developed different versions of the Software for different terminal devices. The User shall choose a compatible version for installation, as appropriate.

4.2 After downloading the installer, the User needs to follow the steps suggested by the program to correctly install it.

4.3 In order to provide quality and secure services, Tencent may recommend other software to the User during the installation of the Software, which the User may choose to install or not.

4.4 If the User no longer needs to use the Software, or needs to install the latest version of the Software, the User can uninstall it as needed.

5. Software Updates

5.1 In order to improve user experience and service content, Tencent will keep developing new services and provide the User with software updates from time to time in the forms of software replacement, modification, feature enhancement, version upgrade, etc.

5.2 In order to ensure the security and consistency of features of the Software and Services, Tencent reserves the right to update the Software, or change or restrict some features of the Software without any special notice to the User.

5.3 Upon release of the latest version of the Software, previous versions of the Software may be unavailable. Tencent does not warrant that the previous versions and corresponding customer services of the Software will remain available. Please check the version from time to time and download the latest one.

5.4 The User agrees that Tencent may release updates to the Software through announcements, update logs, etc. without a special notice to the User.

6. Protection of Users' Personal Information

6.1 Protecting user information is one of Tencent's fundamental principles. Tencent will take reasonable measures to protect all users' personal information. Except where required by laws, Tencent shall not make public or disclose the User's personal information to any third party without the consent of the User. Tencent will apply professional encrypted storage and transmission of relevant information in order to protect the security of user information.

6.2 The User needs to provide some necessary personal information when registering an account or using the Service. For example, the User needs to fill in the mobile number for Tencent to provide account registration service or user identification verification and the call feature requires the User's authorization of accessing to his/her mobile contacts. Where the national laws and regulations or policies have special provisions, the User needs to provide real identity information. If the provided information is incomplete, the User is not allowed to use the Service or may be subject to restrictions on use.

6.3 Generally, the User may browse and modify his/her information at any time, but may not be able to modify the initial registration information and other verification information provided during registration for the purpose of security and identification, such as the account appeal service.

6.4 Tencent will apply a variety of security technologies and procedures to establish a complete management system to protect all users' personal information from unauthorized access, use or disclosure.

6.5 To upload and manage the personal information of an organization member such as name, photo and mobile number, you must obtain prior express consent from the organization member to collect user information only necessary for the purpose of operation and feature implementation, and inform the organization member about what, why and how data is going to be collected and used.

6.6 The WeChat Work User shall establish the information security protection system and conduct information security education over the End User, including but not limited to giving the admin permission to the proper person, reasonably setting the admin permission for persons involved, reminding or requiring the End User to focus on information security and account security so as to prevent disclosure of information resulting from use of the account by others.

6.7 Tencent will not disclose the User's personal information to any company, organization and individual outside Tencent without the User's consent, unless otherwise provided in the laws and regulations.

6.8 Tencent attaches great important to the protection of the personal information of minors. If the User is a minor, obtain the written consent of his/her parents or statutory guardian before using the services of Tencent.

6.9 With respect to any personal information ("Personal Information") arising from your use of the Software and Service and collected by or made available to you, you shall use the Service pursuant to all applicable laws and regulations and perform your obligations hereunder as stipulated herein. "Applicable Laws and Regulations" for the purpose of the Agreement refer to the laws, regulations, rules, normative documents and policies of the country/region where the information or services you provide through the Service or the aforesaid information or services may be received. You undertake to:

6.9.1 Comply with all applicable laws and regulations about privacy and data protection, as may be amended from time to time, including the laws and regulations applicable to personal information, and provide Tencent with the information necessary to certify that you have complied with the aforesaid laws and regulations as well as the stipulations hereof;

6.9.2 Use or process the personal information of the user only for the purpose of using the Software and the Service, unless otherwise authorized or agreed by the End User;

6.9.3 Explicitly and accurately explain to your End User what personal information you collect, how you use it and how you share it with third parties;

6.9.4 Take appropriate technologies and systematic security measures to protect the personal information from unauthorized access or use, and conduct regular test on the validity of the foregoing security measures;

6.9.5 Ensure that all the persons entitled to access the personal information are bound by the confidentiality obligations;

6.9.6 Timely report any unauthorized access to or use of the personal information to Tencent, the End User and the competent data protection authority; and

6.9.7 Try the best to assist Tencent in responding to the request of the End User to exercise his/her rights in accordance with applicable laws and regulations.

6.10 For more policies about personal information and privacy protection, see WeChat Work Privacy Protection Guidelines

7. Main Rights and Obligations

7.1 Account Usage Specifications

7.1.1 You need to register a WeChat Work service admin account before using the Service and assign an end user account to the End User. In order to verify the organization with which the End User works, guarantee the security of the WeChat Work Account and obtain the user information necessary for provision of the services, the End User may use the WeChat Work Account only upon verification through the mobile number and the WeChat account. The WeChat Work service admin account may be registered either through scanning with WeChat or through authorization by the Exmail or the WeChat Enterprise Account. Tencent reserves the right to change the method for account registration as required by the Users or necessary for the product. With respect to the specific rules about your use of the account, please follow Tencent WeChat Software License and Service Agreement, Tencent Exmail Service Agreement, WeChat Official Accounts Platform Service Agreement, WeChat Work User Account Usage Rules as well as relevant agreements for use of accounts and the specific rules published by Tencent in this respect.

7.1.2 The ownership of the WeChat Work Account shall be vested in Tencent. The User only obtains the right to use the WeChat Work Account after completing the application and registration procedure. The User shall not gift, lend, rent, transfer, sell or otherwise permit others to use the WeChat Work Account.

7.1.3 The User shall accurately provide and timely update the user data to ensure authenticity, timeliness, completeness and accuracy as indicated in the corresponding page based on the laws and regulations and requirements of the Service. The User undertakes to not register an account in the disguise of or, without permission, for the benefit of another person, or in such manner that may mislead other users, or with the user name that may infringe on the interests of others, including but not limited to suspected infringement on the trademark right and the right of reputation. Otherwise, Tencent has the right to deactivate such account.

7.1.4 The User shall be responsible for keeping safe the registered account information and the account password. The user shall assume legal responsibilities for the acts under the registered account and password. The User agrees that in no event will he/she disclose the account and password information to others. When you suspect that someone else is using your account, you should immediately notify Tencent of the same.

7.1.5 If the User does not logs in to the WeChat Work Account upon registration for a long time, Tencent will be entitled to reclaim this account to avoid wasting of resources, and the User shall be solely responsible for any loss caused thereby.

7.1.6 The User acknowledges that when completing the registration procedure or using the Service in such other manner as permitted by Tencent, he/she shall be a natural person, legal person or organization with full capacity for civil rights and capacity for acts appropriate to the civil conduct engaged in by him/her. The User shall not use the Service if he/she does not have the aforesaid entity qualifications. Otherwise, the User and his/her guardian shall bear all the consequences resulting therefrom, and Tencent will be entitled to deactivate (permanently freeze) the account of the User and recover from the User the losses, if any, caused to Tencent. If you register an account on behalf of a company or any other legal entity or actually use the Service in such other manner as permitted by Tencent, you represent and warrant that you have the rights to bind this company or legal entity to the Agreement.

7.2 Notes for Users

7.2.1 The User understands and agrees that: in order to provide the User with effective services, the Software will use the processor, bandwidth and other resources of the User's terminal device. Data traffic charges may be incurred during the use of the Software, and the User is required to acquire relevant rate information from the operator and solely bear relevant expenses.

7.2.2 You understand and agree that: the Software enables the End User to access information about other End Users in this company or organization, but the admin may limit the information access permission of the End User through the admin permission. When using the Service to manage your end user information, you shall:

7.2.2.1 Fully notify the End User of the policy provisions concerning the impact of the use of the Software and the Service on the user information and content;

7.2.2.2 Ensure that you comply with the requirements in applicable laws and regulations when you use and process the user information and content during your use of the Service;

7.2.2.3 Respond to and handle all the controversies and disputes between you and the End User in connection with the user information and content or arising from incomplete performance of this article, and solely bear all the legal responsibilities resulting therefrom.

7.2.3 When the User uses a particular service or feature of the Software, separate agreements and relevant business rules etc. (hereinafter collectively referred to as "Separate Agreements") may apply, and this particular service or feature may also be provided by another entity. For example, WeChat Work Red Packet and other WeChat Pay services are provided by Tenpay Payment Technology Co., Ltd. (hereinafter referred to as "Tenpay"). Before using any service or feature, the User shall read and agree to relevant separate agreements and business rules by the provider of such service or feature. By using the particular service mentioned above, the User will be deemed to have accepted relevant separate agreements and business rules. Particularly, the User shall read and follow WeChat Pay User Service Agreement, WeChat Pay Service Agreement and WeChat Pay Merchant Platform Use Agreement when you use the WeChat Pay services of Tenpay, including but not limited to WeChat Work Red Packet and other payment services. By using WeChat Pay services, the User will be deemed to have accepted the foregoing agreements.

7.2.4 The User understands and agrees that Tencent will exercise its commercially reasonable efforts to guarantee that the data of the User in the Software and Service is securely stored, but Tencent cannot give absolute warranties in this respect, which include but are not limited to the following:

7.2.4.1 Tencent will not be responsible for deletion or failure of storage of relevant data of the User in the Software and Service;

7.2.4.2 Tencent may determine, at its sole discretion, the maximum period for storage of the User's data in the Software and Service, as appropriate, and assign the User with the maximum storage space on the server, etc. The User may back up relevant data in the Software and Service depending on his/her needs;

7.2.4.3 If the User stops using the Software and Service or the Service is terminated or canceled, Tencent may permanently delete your data from the server. After the Service is stopped, terminated or canceled, Tencent is not obliged to return any data to the User.

7.2.5 When using the Software and Service, the User shall be responsible for the risks beyond control of Tencent, including but not limited to:

7.2.5.1 Risks such as loss or leakage of the user information due to force majeure;

7.2.5.2 Any issues or damages arising from failure of the User to choose the software version matching the terminal device on which the Software is installed;

7.2.5.3 Any risks possibly caused by any third-party website and relevant contents therein when the User accesses such website with the Software;

7.2.5.4 Any risks and liabilities possibly caused by others' transmission or sharing of the content published by the User; and

7.2.5.5 Risks, including failure to log in Tencent WeChat Work, incomplete data synchronization and slow page loading, caused by unstable network signal, small network bandwidth and other reasons.

7.3 WeChat Work API

7.3.1 Tencent has provided you with various services concerning the development of WeChat Work account features in the WeChat Work platform (hereinafter referred to as "Development Services"), and you shall carry out development according to the Agreement, the developer documents and other specifications and technologies. You shall also be solely liable for the contents generated from the use of Development Services, and shall compensate for any loss arising therefrom that is caused to Tencent or any third party.

7.3.2 Without Tencent's written permission, you shall not use Development Services for any other purposes, or entrust, delegate and disclose these services to any third party for use in any way.

7.3.3 The whole process for your development carried out with Development Services shall be in compliance with relevant laws and regulations, the technical specifications and standards as well as Tencent's requirements in technology and security, in addition to the definite requirements in the WeChat Work development document, so as to ensure that relevant WeChat Work account runs in a secure and stable manner. The usage rules hereof contain the terms hereof, relevant development document of WeChat Work and the developer documents of other appropriate APIs, which you shall also comply with when you use Development Services. Otherwise, Tencent has the right to take treatment measures pursuant to the Agreement.

7.3.4 During the use of Development Services, you shall neither engage in nor provide convenience for the acts including but not limited to:

7.3.4.1 Using the URL address of Tencent and other technical APIs outside the Services in any way without Tencent's written permission;

7.3.4.2 Providing proxy authentication credentials for automatic login to WeChat Work by any other users;

7.3.4.3 Automatically redirecting the browser window to another webpage;

7.3.4.4 Publicly expressing or suggesting your cooperation with Tencent, including but not limited to cross shareholding, commercial intercourse or cooperation;

7.3.4.5 Using Development Services to develop any form of network platform service under your WeChat Work account;

7.3.4.6 Infringing on the legitimate rights and interests of others, including but not limited to intellectual property rights such as copyright, trademark right and patent right as well as other relevant rights and interests; and

7.3.4.7 Other acts or contents which are deemed incorrect or inappropriate by Tencent.

7.3.5 When you use Development Services to provide other users with services through the WeChat Work account, you must collect, store and use the data of other users or end users in accordance with the following requirements:

7.3.5.1 You must obtain the prior express consent from other users or end users, and can only collect the user data that is necessary for the purpose of operation and feature implementation. Meanwhile, you shall inform other users or end users about why and what data is collected and how the collected data is used so as to guarantee the right to know and choose of other users and end users;

7.3.5.2 You must take necessary protection measures for relevant user data you collected to prevent these data from theft or leakage;

7.3.5.3 You can use the user data collected in the company architecture established with a specific WeChat Work account only in such company architecture, and shall neither use such user data outside the company architecture or for any other purposes, nor make such user data available to others in any way;

7.3.5.4 Once you stop using Development Services or Tencent terminates your use of Development Services for any reason, you must immediately delete all the data, including all backups thereof, obtained through the use of Development Services, and shall no longer use such data in any way;

7.3.5.5 You shall take reasonable and secure technical measures for various data and information obtained through the use of Development Services to ensure the security thereof, and shall be fully responsible for all the consequences resulting from your own acts, including but not limited to installing the software, taking encryption measures or applying other security measures on your own.

7.4 Third-Party Products and Services

7.4.1 When using the products or services provided any third party of the Software, the User shall comply with the user agreement of such third party in addition to the stipulations hereof. Tencent and such third party shall be severally responsible for any possible dispute between them within the scope prescribed by laws and or stipulated by the Agreement.

7.4.2 When the User uses the Software or requires Tencent to provide any specific service, the Software may support the User's use or access by calling a third-party system or through a third party. The results of such use or access shall be provided by the third party, including but not limited to the call feature: call service that may be provided through the system of a telecommunication operator. Tencent does not warrant that the services and contents provided by such third party are secure, accurate, valid and free from other uncertain risks. Any dispute or damage, if any, caused thereby is irrelevant to Tencent, and Tencent will not assume any responsibility therefor.

7.4.3 The User understands and agrees that Tencent is entitled to use the Software for commercial purposes, including but not limited to development and use of partial services of the Software for promotion of any third party. Tencent undertakes to protect the User's information in the promotion process in strict accordance with the Agreement.

8. Code of Conduct for Users

8.1 Information Content Specifications

8.1.1 Information contents contained in this Article refer to any content created, copied, published or spread by the User during the use of the Software and Services, including but not limited to registered information of the WeChat Work account such as profile photo, name and user description, or texts, voices and pictures that are sent, replied and published and link pages relating thereto, as well as other contents that are generated through use of the WeChat Work account or the Software and Services.

8.1.2 The User understands and agrees that Tencent has always been committed to providing users with a civilized, healthy, standardized and orderly network environment. You shall not use the WeChat Work account or the Software and Services to produce, reproduce, publish, or spread the contents that disturb normal operation of the WeChat Work software or infringe on the legitimate rights and interests of other users or third parties, including but not limited to the following:

8.1.2.1 Publishing, transmitting, spreading and storing prohibited contents in violation of national laws and regulations, which:

(1) Violate the fundamental principles established by the Constitution;

(2) Endanger national security, divulge state secrets, subvert state power and undermine national unity;

(3) Damage national honors and interests;

(4) Incite national hatred and ethnic discrimination, and destroy national unity;

(5) Undermine national religious policies and promote cults and feudal superstitions;

(6) Spread rumors, disturb the social order and undermine social stability;

(7) Disseminate obscenity, pornography, gambling, violence, terror or abet any crime;

(8) Insult or slander others and infringe on the legitimate rights and interests of others;

(9) Incite illegal assembly, association, procession, demonstration and gathering, disrupting the social order;

(10) Carry out any activity in the name of any illegal civil organization;

(11) Contradict to Interim Provisions on the Administration of the Development of Public Information Services Provided through Instant Messaging Tools and violate the requirements of "seven bottom lines" including laws and regulations, socialist systems, national interests, legitimate interests of citizens, public order, social morality, and information authenticity; and

(12) Contain any other contents prohibited by laws and administrative regulations.

8.1.2.2 Publishing, transmitting, spreading and storing the contents that infringe on the legitimate rights of others, including the right of reputation, portraiture right, intellectual property right and trade secrets;

8.1.2.3 Contents relating to the privacy, personal information or data of others;

8.1.2.4 Publishing, transmitting and spreading harassment and advertising information, over-marketing information, spam or any information containing any sexual content or sexual connotation;

8.1.2.5 Other information that violates the laws, regulations, policies, public order and social morality, or interferes with the normal operation of WeChat Work and infringes on the legitimate rights and interests of other users or third parties.

8.2 Software Usage Specifications

8.2.1 The User may not engage in any of the following acts in the course of his/her use of the Software except as permitted by law or by Tencent's written permission:

8.2.1.1 Delete the copyright information on the Software and its copies;

8.2.1.2 Reverse engineer, disassemble, decompile the Software or otherwise attempt to discover the source code of the Software;

8.2.1.3 Use, lease, lend, copy, modify, link, reproduce, assemble, release, publish or establish a mirror image website of the contents in which Tencent has intellectual property rights;

8.2.1.4 Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for the operation of the Software, or create any derivative works by using plug-ins, add-ons or third-party tools/services unauthorized by Tencent to access to the Software and related systems;

8.2.1.5 Add, delete or change the features or operating effects of the Software by modifying or falsifying the directives and data of the Software, or operate or make public the software and methods used for the above purposes, whether or not such acts are for commercial purposes;

8.2.1.6 Log in to or use Tencent Software and Services through third-party software, plug-ins, add-ons or systems that are not developed or authorized by Tencent, or produce, publish or spread such tools;

8.2.1.7 Interfere with, or authorize others or third-party software to interfere with, the Software and its components, modules and data; and

8.2.1.8 Take other acts not expressly authorized by Tencent.

8.2.2 The User understands and agrees that Tencent is entitled to choose the objects to provide with the Services, determine features and settings, and decide on the objects and the scope to open any feature and disclose any data interface and related data, based on comprehensive factors including user experience, operating security, rules and healthy development of WeChat Work or related service platforms. Tencent may suspend or terminate the Services if the User is suspected to be involved in the behaviors including but not limited to:

8.2.2.1 Violating the laws and regulations, the provisions hereof, or other management requirements of Tencent;

8.2.2.2 Affecting the service experience of the Software; and

8.2.2.3 Causing any potential security hazards, if continued, including but not limited to causing personal or property hazards to the User or any third party and causing potential hazards to public security.

8.3 Service Operation Specifications

Except as permitted by law or authorized by Tencent in writing, the User may not engage in the following acts in the course of his/her use of the Services:

8.3.1 Submit and publish false information, or impersonate others or use the name of others;

8.3.2 Induce other users to click on the link pages or share information;

8.3.3 Fabricate facts or conceal the truth to mislead or deceive others;

8.3.4 Infringe on the legitimate rights and interests of others, including the right of reputation, portraiture right, intellectual property right and trade secrets;

8.3.5 Utilize the WeChat Work account and any feature to conduct promotion or mutual promotion without Tencent's written permission;

8.3.6 Utilize the WeChat Work account or the Software and Services to engage in any illegal and criminal activities;

8.3.7 Make or release the methods or tools in connection with the above-mentioned acts, or operate or spread such methods or tools, whether those acts are intended for commercial purposes or not; and

8.3.8 Take other acts that violate the laws and regulations, infringe on the legitimate rights and interests of other users, interfere with normal operation of products or are not expressly authorized by Tencent.

8.4 Taking Responsibility for Your Own Acts

The User fully understands and agrees that he/she must be responsible for all acts under his/her WeChat Work account, including any content he/she published, and any consequences arising therefrom. The User shall judge the contents of the Services by him/herself and assume all risks arising from the use of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. Tencent cannot and will not be responsible for any loss or damage caused by the foregoing risks.

8.5 Treatment for Breach of Agreement

8.5.1 If Tencent finds or receives any report or complaint from others against the user on violation to this Agreement, Tencent is entitled to remove or shield relevant contents at any time without notice, impose punishment on the violating account including but not limited to warning, restriction or prohibition of the use of some or all of the features, account banning or deactivation, and announce the results of treatment.

8.5.2 The User understands and agrees that Tencent is entitled to, based on its reasonable judgment, punish any act violating relevant laws and regulations or provisions of this Agreement, take appropriate legal action against any user in violation of any laws and regulations, and preserve relevant information in accordance with related laws and regulations and report it to relevant departments, etc. The User shall bear all the legal responsibilities resulting therefrom.

8.5.3 The User understands and agrees that he/she shall undertake full responsibility for any claim, request or loss asserted by a third party due to his/her violation of the Agreement or the related terms of service. The User shall also be liable for compensation for any losses resulting therefrom to Tencent.

9. Service Fee

9.1 Tencent reserves the right to subsequently collect a fee for any Service or feature of the Software. Tencent is entitled to notify the User of the charging standards in the form of announcement 10 working days in advance. The User needs to pay the fee as per the charging standards published by Tencent if the User continues to use the Software.

9.2 Tencent is entitled to adjust, at its sole discretion, the charging standards and the billing methods, as appropriate, and notify you in the form of announcement 10 working days in advance without a special notice to or prior consent from the User. The User shall immediately stop using the Services if he/she disagrees with the charging standards. Otherwise, the User will be deemed to have agreed to the standards and shall make the payment.

9.3 The User shall pay the Internet access fee possibly arising from the use of the Software as well as other communication fees and information fees to be collected by third parties.

9.4 The User understands and agrees that the call feature in the Software may be provided in the form of the call service of a telecommunication operator. The User can use relevant feature only after purchasing a call package (in minutes), and the consumed call length (in minutes) will be directly deducted from your account. Meanwhile, the operator may collect other communication fees, such as data traffic charges possibly incurred during the use of the Software and roaming charges, from the User under certain circumstances.

10. Responsibility of Terminal Security

10.1 The User understands and agrees that the Software, like most Internet software, may be affected by a variety of factors including but not limited to the User's reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of the user data by others to conduct harassment in real life, and that other software downloaded and installed and other sites visited by the User may contain viruses, Trojans or other malicious programs, which may endanger the security of the information and data in the User's terminal device and then affect the normal use of the Software. The User, therefore, shall strengthen the awareness of information security and personal information protection, and pay attention to password protection to avoid any loss.

10.2 The User shall not produce, publish, use, and spread any malicious program which steals WeChat Work accounts and personal information or property of others.

10.3 It is the shared responsibility of Tencent and the User to maintain security and normal use of the Software. Tencent will reasonably and prudently take necessary technical measures to protect the information and data security of your terminal device in accordance with the industry standards, but you acknowledge and agree that Tencent cannot give an absolute guarantee in this respect.

10.4 In no event shall the User believe in money borrowing, request for passwords or other network information relating to the property. Please be sure to verify the identity of the person involved with respect to any operation related to property. In addition, please always pay attention to Tencent's tips for preventing fraudulent crimes.

11. Third-Party Software or Technology

11.1 Any third-party software or technology (including open source code and public domain code that may be used for the Software, which also apply hereinafter) may be used for the Software, and such use has been legally authorized.

11.2 If any third-party software or technology has been used for the Software, Tencent will demonstrate relevant agreements or other documents in accordance with relevant regulations or stipulations through annexes to the Agreement, a package in a specific folder for the installer package of the Software, or open source software pages and other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing agreements, other documents and web pages presented in various forms constitute an integral part of the Agreement and shall have the same legal effect as the Agreement. You shall comply with all these requirements. If the User fails to do so, such third party or the competent state authority may file a lawsuit, impose a fine or take other sanctions against the User, and require Tencent to provide assistance therefor. The User shall solely bear relevant legal responsibilities.

11.3 The third party, instead of Tencent, shall be liable for resolving any dispute arising from any third-party software or technology used for the Software. Tencent does not provide customer service support for any third-party software or technology. If the User needs any support, please contact the third party.

12. Exemption or Limitation of Responsibilities

12.1 The User understands and agrees that the Software and the Services will be provided "as is". Tencent does not give any warranty, express or implied, with respect to the Services, including but not limited to the warranties of applicability and continuity of the Services.

12.2 The User understands and agrees that in no way will Tencent be responsible for any damage or consequence resulting from interruption of the Services caused by force majeure and other risk factors encountered during the use of the Services. Force majeure refers to the objective events that are unforeseeable, insuperable and unavoidable and cause significant impacts on any party or the parties, including but not limited to natural disasters such as flood, earthquake and storm, and social events such as war, riot and act of government.

12.3 To the extent permitted by applicable laws, in no event will Tencent, for any reason whatsoever, be responsible for: (A) any indirect, accidental, punitive, incidental, exemplary, special or consequential damage; (B) loss of business or opportunity; (C) loss of revenue; (D) loss of profit; (E) loss of goodwill; (F) loss of content; or (G) loss of data.

13. Statement on Intellectual Property Rights

13.1 Tencent is the holder of the intellectual property rights in the Software. All intellectual property rights in the Software, including copyright, trademark right, patent right and trade secrets and all information related to the Software, including but not limited to texts, images, audio, video, graphics, interface design, layout framework, related data or electronic documents, are protected by the laws and regulations of the People's Republic of China and corresponding international treaties. Tencent will be entitled to the above intellectual property rights, except for those rights enjoyed by relevant right holders in accordance with the laws.

13.2 The User shall not implement, use, or transfer any of the above intellectual property rights, nor permit any third party to do so, for any commercial or non-commercial purpose without written consent of Tencent or relevant right holders.

14. Miscellaneous

14.1 By using the Software, the User will be deemed to have read and agreed to be bound by the Agreement. Tencent has the right to amend the content of the Agreement where necessary. Tencent may deliver various rules, notifications, prompts and other information about the Services to the User through one or more of the approaches including but not limited to demonstration on relevant service page, announcement and prompt on web page, email, SMS message, regular mail delivery, and internal message sent in the account management system by which the User registers to use the Services. The User may check relevant terms and conditions of the Agreement in the latest version of the Software. By continuing to use the Software after changes to terms and conditions hereof, the User will be deemed to have accepted the amended Agreement. If the User does not accept the amended Agreement, he/she shall discontinue using the Software.

The User agrees that no failure by the User to receive relevant rules, notifications, prompts and other information due to an error in such information as email, mobile number and mailing address or other reasons not attributable to Tencent shall impair the legal effect of such information on the User and the User shall be subject to such information. The User shall solely bear all the consequences and responsibilities arising therefrom.

14.2 This Agreement is signed at Nanshan District, Shenzhen City, Guangdong Province, the People's Republic of China.

14.3 The establishment, validity, performance, interpretation, and dispute settlement of the Agreement shall be governed by the laws of the Mainland China (excluding the Conflict of Laws).

14.4 If there are any disputes or conflicts between the User and Tencent, the two parties shall first endeavor to settle the case through friendly negotiation. If no consensus could be reached, the User agrees that such disputes or conflicts shall be submitted to the People's Court with jurisdiction in the place where the Agreement is signed.

14.5 Captions and headings are used herein for the convenience of reading only without any practical implication. They shall not be used to interpret or construe the Agreement.

14.6 In case that some of the provisions of the Agreement become invalid or unenforceable for whatever reason, the remaining provisions shall remain in force and effect and binding on the two parties.

14.7 For the convenience of reading and understanding, the Agreement has been written in both Chinese and English, and the specific contents of the terms and conditions hereof shall be subject to the Chinese version hereof. (End)

 

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