WeCom SERVICE AGREEMENT

Last Updated: June 1, 2020

Welcome to WeCom!

PLEASE READ THESE TERMS CAREFULLY

YOUR USE OF WeCom IS SUBJECT TO THESE TERMS AND CONDITIONS OF THIS WeCom SERVICE AGREEMENT (THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE WeCom AND/OR THE SERVICES.

IF YOU USE WeCom IN A JURISDICTION LISTED IN THE TABLE BELOW, THE APPLICABLE WeCom SERVICE AGREEMENT PROVIDED VIA THE LINK FOR THE JURISDICTION WHERE YOU USE THE SERVICES SHALL APPLY TO YOU INSTEAD.

Jurisdiction

Applicable WeCom Service Agreement

The People’s Republic of China (solely for this purpose, excluding Hong Kong, Macau and Taiwan)

WeCom Service Agreement (PRC Users)

The European Economic Area, Switzerland and the United Kingdom

WeCom Service Agreement (European Economic Area, Switzerland and the United Kingdom Users)

WHO WE ARE AND WHAT THESE TERMS DO

Any reference to “we”, “us” or “Service Provider” in these Terms means Tencent International Service Pte. Ltd located at 10 Anson Road, #21-07 International Plaza, Singapore 079903 with unique entity number 201320984G, unless you use WeCom in any jurisdiction specified in the table above and any reference to “you” or “your” means you, as a user of the Services.  If you are an Admin User (as defined in Section 3), then “you” includes you and the Organization (as defined below).

These Terms govern your use of WeCom (which name may be updated by Service Provider from time to time), which includes the applications (including any web or mobile versions), software, features, office productivity tools, API development tools and other services which are provided by us through WeCom (collectively, the “Services”).

Please note that your access to the Services is limited to the access granted to you by the business, company, school, governmental unit and/or organizational group (each, an “Organization”) that invited you to use the Services.  Accordingly, you agree that your use of the Services will be solely for business, educational or professional purposes in connection with your employment, engagement or other affiliation with your Organization. For personal use purposes, please use WeChat instead.

ADDITIONAL TERMS AND POLICIES

We offer a diverse range of features through the Services, and there are additional terms and policies that are applicable to your use of the Services (“Additional Terms”). You agree to comply with these Terms and all Additional Terms are applicable to your use of the Services and all Additional Terms are incorporated by reference into these Terms.

WeCom POLICIES

Additional Terms include the following policies that apply to your use of the Services:

·       WeCom Acceptable Use Policy – sets out the rules applicable to your use of the Services and interactions with other users of the Services

·       Copyright Policy – sets out how we deal with intellectual property rights-related complaints

ADDITIONAL JURISDICTION-SPECIFIC TERMS

Additional Terms are also applicable to users within the jurisdictions set out in the Additional Jurisdiction Specific Terms Addendum. Access to the Services within jurisdictions where the content or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN SUCH ARBITRATION CLAUSE, YOU AND SERVICE PROVIDER AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SERVICE PROVIDER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ADDITIONAL TERMS APPLICABLE TO CERTAIN FEATURES IN THE SERVICES

Some features of the Services have Additional Terms specific to their use. Additional Terms (in addition to these Terms) apply to your use of these features. These Additional Terms include:

·       VooV Meeting Service Agreement – governing your use of Meeting, which is powered by VooV Meeting

·       WeCom Verification Service Terms – governing your use of verification services of your Organization

·       WeCom API Terms – governing your use of WeCom API development services

·       WeChat Official Accounts Platform – User Agreement (International)   – governing your use of the WeChat Official Accounts Platform

·       WeChat Terms of Service – governing all your interactions (such as instant messaging, sending of User Content) with users in WeChat through use of the Services, and use of Mini Programs from the WeChat Mini Programs Platform which are made available for use via the Services

·       App Platform Terms - governing your use of the Services made available as apps downloaded from an app platform

1.         REQUIREMENTS FOR USING THE SERVICES

1.1           Age. You must comply with any minimum age restrictions set out in the WeCom Privacy Policy for your jurisdiction (“Minimum Age”) to create an Account. You shall not use the  Services if you are under the Minimum Age. 

1.2           If you are of the Minimum Age or over, but under the minimum legal age to enter into a contract in your jurisdiction, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf. If you are the parent or legal guardian of a user of our Services and you have questions about these Terms, please contact us at WeCom_DP@tencent.com.

1.3           By creating an Account or otherwise using the Services, you represent that you are of minimum legal age in your jurisdiction to agree to these Terms, or that you are over the Minimum Age and your parents or legal guardian have read and agreed to these Terms on your behalf, and you understand and agree that we are relying upon that representation in allowing you to use the Services.

1.4           User Account. All users must create a WeChat Work account (an “Account”) to access and use the Services.

1.5           Source. The Services may be obtained only through our website at https://work.weixin.qq.com/ or through the App Store and Google Play.  If you download or otherwise obtain the Services from any source other than through the aforementioned channels, we cannot guarantee or warrant the authenticity and normal operation of the Services and we will not be held responsible for any loss caused by your use or installation of such Services.

2.              SERVICES

2.1           The Services comprise of professional office management tools including instant messaging, video meeting, live video streaming, office productivity (such as WeDoc, WeDrive and Enterprise Email), automation features and functionalities and WeCom API development services developed by us to help Organizations optimize their operations and management. Please visit the WeCom website for more information about the Services.

2.2           Certain features and parts of the Services may not be available in all languages or in all jurisdictions and we do not represent or warrant that the Services are customized for or available for use in any jurisdiction. If you use the Services, you understand that you do so on your own initiative and you shall be responsible for compliance with any applicable laws.

2.3           Your access to the Services may be limited or restricted by your Organization, depending on the verification status of your Organization and depending on any limitations or restrictions imposed on your access by your Organization. 

2.4           We reserve the right to modify and/or set or change any usage limitations to any feature of the Services at any time and in our sole discretion.

3.              YOUR ACCOUNT

3.1             Account Types. You may register your Account either as an (i) Admin Account; or (ii) End User Account. If you create an Admin Account, you confirm that you are an authorized representative of the Organization with the authority to bind the Organization to these Terms and that you have the full authority to operate and administer such Admin Account on behalf of your Organization. Any user who registers an Admin Account shall be referred to as an “Admin User” for his or her Organization.  Each Organization may authorize and designate one or more individual(s) to create and maintain separate Admin Accounts for that Organization. The first Admin User who creates an Admin Account for an Organization will be designated as the “Super Admin” for that Organization.  All users other than Admin Users and the Super Admin are referred to as an “End User”.   

3.2           Creating an Account. To create an Account, you must provide either your WeChat ID (“WeChat ID) or mobile number.  If you are an End User, you must use the WeChat ID, email address and/or mobile number by which the Admin User invited you or otherwise for your Organization.  In creating your Account, you agree (i) that you will enter all information accurately and will not provide any false information; (ii) to provide true, accurate, current and complete information as requested (the “Account Information) and (iii) to promptly maintain and update such WeChat ID, mobile number and your Account Information (as applicable) to keep it true, accurate, up-to-date and complete at all times. If the Account Information you provided is untrue, inaccurate, misleading or outdated, we have the right (to the fullest extent permitted by law) to suspend or terminate your access to, or use of, your Account. By creating and using an Account, you agree to comply with the WeCom Acceptable Use Policy.

3.3           Admin Users.  Each Admin User has certain tools and controls over other End Users’ use and access of the Services, including access and controls over information the End Users submit through the Services.  For example, an Admin User may enable or disable an End User’s access to the Services, facilitate internal communications and interactions between End Users through the Services, enable or disable third party integrations, manage End Users’ permissions, among other choices. The Organization is solely responsible for (a) informing End Users of all applicable policies and practices that are relevant to their use of the Services as an authorized user of the Organization; and (b) any settings selected by such Organization’s Admin Users through the Services that may impact the End Users’ use of the Services. We have no liability with respect to the manner the Organization or its Admin Users choose to make the Services available to its End Users. 

3.4           Super Admin.  In addition to the tools and controls available to Admin Users, the Super Admin may use the WeChat Official Account Platform to manage other Admin Users and End Users as well as customize Account settings in accordance with the needs of the Organization.  The Super Admin may also submit the Organization for verification in accordance with the terms set forth in WeCom Q&A center and the WeCom Verification Service Terms and corresponding verification requirements

3.5           You shall be solely responsible for your Account and Account Information.

a.     You, as the creator of your Account and Account Information, are solely responsible for your Account, Account Information and all activities conducted through your Account. You are not permitted to create offensive, or obscene, or otherwise unlawful Account Information, as determined by us in our sole discretion. If an Account violates any part of these Terms, we may immediately, temporarily, or permanently ban such an Account or change the Account Information associated with such Account, with or without notice.

b.     Please note that you are responsible for maintaining the confidentiality and security of your Account and password at all times, and you agree to notify us immediately if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts. You are solely responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, and we are not responsible for any misuse or use of your Account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. We do not make any representations and warranties that any acts made by an Account is factually made by the person registered for such Account. Further, we are under no obligation to certify or prove any Action made an Account. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Services known to you. You agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse of your Account or your Account Information attributable to improper or unauthorized use by someone to whom you revealed your password or otherwise attributable to you or your negligence.

3.6           Your Account may be suspended or terminated.

a.     Please note that regardless of any notice, we reserve the right to discontinue the Services or to terminate or suspend your Account (to the fullest extent permissible under law) or to remove, modify, adapt or update any Service (subject to these Terms) at any time in our sole discretion, for any reason.

b.     If your Account is suspected to be involved in illegal or improper activities, you shall cooperate with the relevant personnel designated by us to solve the issue. You acknowledge that we may use monitoring data in accordance with our Privacy Policy as the basis for determining whether your Account has been hacked, or whether any other improper or illegal acts exist, unless you are able to overturn such monitoring data by providing sufficient evidence acceptable to us.  For clarity, monitoring data does not include any content of your communications. You further acknowledge and agree that, if we determine that your Account is involved in any improper or illegal acts, we have the right to suspend or terminate your access to the Account and take remedial measures. You also acknowledge and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal acts of your Account.

3.7           Retrieving your Account. If you request to retrieve your Account when your access to the Services is denied due to the loss of Account Information or forgotten password, you are required to provide certain information and verification documentation according to the account retrieval process published by us officially, and to ensure that all such information and documentation is legitimate, truthful and valid. Your Account may not be retrieved if inaccurate, false or non-compliant documentation provided by you fail to pass our security verification, and you are solely liable for any and all risks and losses arising therefrom.

3.8           Links to third party platforms. The Services may provide links or references to other websites or other platforms operated by third parties. These third party platforms are not governed by the Terms but by other agreements or policies that may differ from the Terms. In visiting any third party platforms, whether linked to the Services or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third party platforms or any content in such platforms. We encourage you to review the terms of use of each third party platform visited before using those platforms.

4.              YOUR OBLIGATIONS

4.1           You may receive messages and announcements. You understand and agree that the Services may include service announcements and administrative messages and you may not have the right to opt out of receiving these non-marketing announcements and messages.

4.2           You are responsible for your own device and connectivity.

a.     You are required to provide your own mobile phone device, tablet device, computer, network equipment and/or network resources for use of the Services, and to pay for all fees incurred as a result of having access to the Internet or cellular network. You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.

b.     You must ensure that your device meets the requirements for the installation and use of the Services. Your failure to install the Services or any updates in accordance with our installation instructions may result in dysfunction of the Services in whole or in part, in which you indemnify us on the occurrence of such event.

c.     If you download the Services onto any device not owned by you, you must have the owners permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

4.3           You are required to comply with the WeCom Acceptable Use Policy.

a.       By using the Services, you agree to comply with the WeCom Acceptable Use Policy. If you violate any provisions of the WeCom Acceptable Use Policy, we may suspend or terminate your access to the Services in accordance with the Terms.

4.4           You must comply with all applicable laws when using the Service.  If you are aware of any unlawful use of your Account or any Account security issues, please notify us immediately.

4.5           Reasonable Use. We expect that users will use the Services reasonably. If any users use of the Services exceeds reasonable and normal standards, Service Provider may monitor the usage of such user. If Service Provider, using general industry standards, identifies any violating, abnormal or unreasonable use (at Service Provider's sole discretion), Service Provider shall have the right to take corresponding measures, including without limitation, restricting, suspending or terminating such users access to the Services, in part or in whole.

5.              LIMITED RIGHTS TO USE THE SERVICES

5.1           Limited Rights.

a.     Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferrable and non-sub-licensable right and license to:

i.       use the Services;

ii.      download and install the mobile app version of WeCom onto your device(s); and

iii.     receive and use any updates of the Services incorporating “patches” and corrections of errors as we may provide to you from time to time,

in each case solely for business, educational or professional purposes in connection with your employment, engagement or other affiliation with your Organization.

b.     Rights granted to you hereunder are revocable. Any use of the Services other than as specifically authorized herein, without prior written permission from us is strictly prohibited and will, at our election, terminate the rights granted to you by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the limited license granted under this Section 5.1, nothing in these Terms shall be construed as conferring to you any license to or rights in Intellectual Property Rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.

c.     You may not transfer the Services to someone else. We are giving you personally the right to use the Services as set out above. Except as expressly permitted by these Terms, you may not otherwise transfer or make available the Services to someone else, whether for money, for any other forms of consideration or for free. If you sell or gift any device on which the Services is installed, you must first remove the Services from the device.

6.              INTELLECTUAL PROPERTY RIGHTS

6.1           NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT, BETWEEN YOU AND US, ALL INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES THROUGHOUT THE WORLD BELONG TO US AND THE RIGHTS IN THE SERVICES ARE LICENSED (NOT SOLD) TO YOU. YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, SERVICES OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THESE TERMS.Intellectual Property Rights” refer to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right.

6.2           If any of your User Content is reported or otherwise determined to be in violation of these Terms, the Acceptable Use Policy or other applicable terms, we have the right to delete, alter, move, remove, or transfer such User Content, with no liability of any kind to you, to the maximum extent permitted by applicable law. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your Account.

6.3           Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of us, to the maximum extent permitted by applicable law.

6.4           You acknowledge and agree that we own all data except User Content that may be generated in connection with or arising from our provision of the Services and/or your use of the Services. The data presented to you in Services is all the technical operational data you have access to. We have no obligation to share any other technical operational data with you, unless otherwise required under applicable laws. To the maximum extent permitted by applicable laws, we have the right to decide whether to retain or use any technical and operational data, the manner and length of time for retaining such data, and the manner for using such data (including without limitation using such data to improve the performance of our Services), as further set forth in our Privacy Policy.

7.              User Content

7.1           Certain features of the Services may allow you to upload, share, submit, publish, live stream, transmit or otherwise make available (collectively “submit”) text, documents, files, photos, images, live video streams, announcements, message content, reports, recordings of videos, audio and/or voices (collectively “User Content”) for access by other End Users and Admin Users of your Organization.

7.2           Whenever you submit User Content to or through the Services, you must ensure that your User Content and your conduct comply with the WeCom Acceptable Use Policy.

7.3           You represent and warrant that you either own and/or have all necessary rights (including, if applicable, authorization from your Organization), including to the Intellectual Property Rights in any User Content, to submit such User Content.

7.4           By using the Services and whenever you submit User Content to or through the Services, you grant, or you will procure the grant to, us and our affiliates a limited license to copy, display, reproduce, host, store, backup, perform, transmit, stream, broadcast, distribute and publish your User Content worldwide but only to other End Users and Admin Users of your Organization, and to modify and adapt such User Content for technical purposes to operate the Services (e.g., making sure content is viewable on mobile devices, computers and other devices).  For clarity, our rights in such User Content are solely required to enable us to operate the Services.  We require this license to ensure that actions we take in operating the Services are not considered legal violations (for example, copyright laws could prevent us from processing, storing, backing-up and distributing certain User Content unless you give, or procure to give, us these rights).  This license in your User Content will end once you delete such User Content from the Services, unless users who have accessed the User Content have archived it, and provided that such Use Content may be archived in our backup copies.  You agree that these rights and licenses are perpetual (unless terminated as set forth in the prior sentence), royalty free, transferable, and sub-licensable, and include a right for us to make such User Content available to, and pass these rights along to, service providers and others with whom Service Provider has contractual relationships related to the operation of the Services (e.g., cloud hosting providers), and to otherwise permit access to or disclose your User Content to the extent specifically set forth in the Privacy Policy.

7.5           We do not claim any ownership rights to your User Content. You acknowledge and agree that we are not the source of, do not verify or endorse, and are not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that you assume all risks associated with User Content and whenever you make available User Content through the Services, and that you have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content. By using the Services, you agree that any User Content that you make available through the Services may be transmitted to and accessed by the recipients of your communication.

7.6           You acknowledge and agree that we and our affiliate companies may preserve content, including User Content, and may also disclose content, including User Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:

·       comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency,

·       enforce these Terms,

·       respond to claims that any content violates the rights of third parties, or

·       protect our rights, property and/or the personal safety of our users and/or the public.

7.7           You understand that even if you delete your User Content from the Services, it may remain available to other users for example, we may not be able to prevent any other users from storing or archiving any of your User Content that you have shared via the Services.

7.8           We reserve the right to block or remove, with or without notice to you, your User Content for any reason, including, in our opinion your User Content violates the WeCom Acceptable Use Policy, or as may be required by applicable laws and regulations, or in accordance with the Copyright Policy.

7.9           We will take technical measures to prevent unauthorized disclosure of or access to User Content in accordance with the industry standards. Save as set forth herein or under applicable laws, we have no other obligations with respect to User Content.

8.              INTERRUPTION

8.1           We reserve the right to interrupt the availability of the Services or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation under the following circumstances:

a.     maintenance and fixation of server, network, software and/or hardware which are necessary to provide the access of the Services to you;

b.     force majeure;

c.     in accordance with the order of governmental authorities or other in-charge authorities; and

d.     in order to comply with applicable laws.

8.2           You agree that we will not be liable for any interruption of the Services or any part thereof, delay or failure to perform resulting from any causes whatsoever.

8.3           We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services (or any part thereof) as we see fit in our sole discretion.

9.              SUSPENSION AND TERMINATION

9.1           We may end your rights to use the Services if you do not comply with these Terms.

a.     If you violate these Terms, we may at our option issue warnings, temporarily suspend or permanently terminate your Account and/or access to the Services (to the fullest extent permissible under law). We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be at our absolute discretion.

b.     We may end your rights to use the Services at any time by contacting you if you have breached these Terms. If your breach of the Terms can be cured, we may give you a reasonable opportunity to do so.

c.     In the event your Account is terminated, you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before we may allow you to register again to use the Services.

d.     If we end your rights to use the Services:

i.    You must stop all activities authorized by these Terms, including your use of the Services, as applicable;

ii.   You must delete or uninstall the WeCom app from all devices in your possession; and

iii.  To the extent permitted by applicable law, we may cease to provide you with access to the Services.

9.2           Termination of Affiliation with Organization.  If you are no longer employed, engaged or otherwise affiliated with the Organization, an Admin User may terminate your Account and your right to access the Services.

9.3           We may terminate the Services permanently.

a.     We may end the Services and access to the Services permanently for all users. You understand and agree that we will not assume any obligations to you with respect to the Services for such permanent termination.

b.     You understand and agree that the Services and/or any items which are stated to be “permanent” or its equivalent shall be interpreted as a time period until the date announced by us when the Services will be terminated permanently.

9.4           Effect of termination.

a.     Termination of your Account also entails the termination of your access to the Services. If the terminated Account included a paid feature of the Service, we may deduct from any refund a reasonable proportion of such fees as compensation for the costs incurred by us in terminating your Account.

10.           EXPORT CONTROL

10.1         You agree not to engage in any activities in connection with these Terms that would breach sanctions or export control laws or risk placing Service Provider in breach of any sanctions or export control laws, or becoming a target of sanctions.

11.           CHANGES TO THESE TERMS

11.1         We may need to change or update these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. When we make any change or update to these Terms, we will update the last updated date at the top of these Terms.  If the changes or updates materially affect your use of the Services, we may notify you of such changes or updates. TO THE EXTENT THAT IT IS LEGALLY PERMITTED ACCORDING TO THE LAW IN YOUR APPLICABLE JURISDICTION, YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.

11.2         IF YOU DO NOT ACCEPT THE CHANGES YOU SHOULD NOT CONTINUE TO USE THE SERVICES. BY CONTINUING TO USE THE SERVICES YOU AGREE TO USE OF THE SERVICES IN ACCORDANCE WITH THE UPDATED TERMS.

12.           CHANGES TO THE SERVICES

12.1         From time to time we may update the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. WE MAY ALSO ASK YOU AND YOU AGREE TO INSTALL UPDATES FOR THE SERVICES FOR THESE REASONS.

12.2         If you choose not to install such updates or if you opt out of automatic updates, you acknowledge and agree that you may not be able to continue using the Services.

12.3         We do not guarantee that we will provide any updates for the Services or that such updates will continue to support your device or system.  All updates to the Services are subject to these Terms, unless otherwise specified by us.

13.           SUPPORT FOR THE SERVICES AND HOW TO TELL US ABOUT PROBLEMS

13.1         Support. If you want to learn more about the Services or have any problems using it, please take a look at our support page or contact us via WeCom_DP@tencent.com.

13.2         Contacting us (including with complaints). If you think the Services is faulty or inaccurately described or wish to contact us for any other reason regarding the Services, please email our customer service team at:

Email Address

WeCom_DP@tencent.com

13.3         How we will communicate with you. If we have to contact you, we will do so using the contact details you have provided to us.

14.           YOUR PRIVACY

14.1         Please refer to the Privacy Policy for information on how we collect, process, store and use your personal data in connection with your use of the Services and for what purposes and your rights in relation to your personal data and how to exercise them. It is important that you read that information.

14.2         Please be aware that Internet transmissions are never completely private or secure and that, despite our commercially reasonable efforts, any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

15.           MONITORING & CIRCUMVENTION MEASURES

You understand and agree that when using the Services, this can and may involve software functions designed to detect circumvention measures or unauthorized and malicious programs. In this context, we may access, collect, monitor and/or remotely store information relating to hardware capacity, modifications related to our Services software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate circumvention of controls, unfair advantage or hacking of the Services. If unauthorized or malicious programs are detected by our Services, the user’s Account, Account Information and information about the unauthorized or malicious program or its use may be automatically communicated to us by the Services.

16.           ADVERTISING

16.1         Provided you give consent we may, either on our own or through a third party, send or display to you advertisements or other information (commercial or otherwise) by such means as SMS, e-mail or other electronic messaging, details of which (including without limitation the specific means to be adopted in sending or displaying such advertisements or information, and the frequency and contents of such advertising) will be determined by us. 

17.           APP PLATFORM TERMS ALSO APPLY

The ways in which you can use the Services may also be controlled by the relevant platform providers rules and policies, or WeChats rules and policies if you registered your Account through WeChat. To the extent required by such rules and policies, those terms will prevail instead of these Terms where there are differences between the two. For details of the applicable platforms, please refer to the Additional Terms for App Platform.

18.           WARRANTIES, DAMAGES, LIMITATION OF LIABILITIES

18.1         Disclaimer of warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.     THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE.

b.     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET THE NEEDS OR REQUIREMENTS OF YOU AND/OR YOUR ORGANIZATION; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

c.     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION PROPERLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.     IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

e.     REFERENCE TO ANY APPLICATIONS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.

18.2         Our responsibility for loss or damage suffered by you.

a.     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

b.     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

c.     We are not liable for your damage that is avoidable. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or for deletion of your Account due to any reasons as stipulated in these Terms.

d.     We are not liable for business losses  We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

e.     Limitations to the Services. The Services are intended for use by Organizations to facilitate communications and office automation purposes only. The Services do not offer any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Services. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

f.      Check that the Services are suitable for you. The Services have not been developed to specifically meet the requirements of any individual or specific business, school or organization. You use the Services entirely on your own initiative and you shall check whether the functions of the Services are suitable for you and/or your Organization.

g.     We are not responsible for events beyond our control. If we have to cancel or delay in providing the Services to you by any event beyond our control, then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for any such delay or cancellation.

18.3         Limitation of liability.

a.     TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS AND EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, IN NO EVENT SHALL WE, AND OUR DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR:

i.          ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES;

ii.         ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US (OR OUR AFFILIATES); OR

iii.        ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION:

A.       LOSS OF USE;

B.       LOSS OF INTERRUPTION OF BUSINESS;

C.      LOSS OF REVENUES;

D.      LOSS OF PROFITS;

E.       LOSS OF GOODWILL; OR

F.       LOSS OR DESTRUCTION OF CONTENT OR DATA,

WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, APPLICATIONS, SOFTWARE OR SERVICES.

b.     TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), APPLICATION LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (A) THE AMOUNT THAT YOU HAVE PAID TO US FOR THE USE OF THE SERVICES TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (B) USD100 (ONE HUNDRED US DOLLARS).

c.     To the extent that applicable laws (including as set forth in the Additional Jurisdiction-Specific Terms Addendum) do not allow or may limit the foregoing limitations of liability, these limitations may not apply to you or may be limited by applicable law. In such case you explicitly agree that our (or any such other released parties) liability to you shall apply to the maximum extent permitted by applicable laws.

18.4         Your responsibility for loss or damage suffered by us. You agree to indemnify, defend and hold harmless us and our affiliate companies and our respective employees, directors, agents, contractors, partners and service providers from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys fees) and liability arising from: (a) your use of the Services; or (b) your breach of these Terms.

19.           GOVERNING LAWS AND DISPUTE RESOLUTION

These Terms are governed by the laws of Hong Kong (excluding its conflict of law rules). If a dispute, controversy or claim arising from or in connection with the Terms or your use of the Services cannot be resolved within 30 days following the commencement of consultation or mediation, then you or we shall submit the dispute for arbitration by the Hong Kong International Arbitration Centre (“HKIAC). Except for the right of either you or us to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, both you and we agree that any dispute, controversy or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. You and we shall each designate one arbitrator and the HKIAC Council shall appoint a person who is the third arbitrator to act as the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding upon you and us.

20.           LOCAL REGULATIONS

We make no representation that the Services are available for use or permitted by law in any particular location. To the extent you choose to access the Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.

21.           THIRD PARTY CONTENT AND SERVICES

a.     No responsibility for third party content and services. Unless required by law, we are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any third party content and services submitted to, transmitted, displayed or made available on or through the Services. You acknowledge and agree that by using the Services, you may be exposed to third party content and services which may be inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any third party content and/or services on or accessible from the Services by you is at your own risk. Your use of the Services does not give you any rights in or to any third party content and/or services you may access or obtain in connection with your use of the Services.

b.     No warranty. We do not warrant the quality, reliability or suitability of any third party services, programs (including any Mini Programs as made available from the WeChat Mini Programs Platform via the Services) or websites provided, made available, advertised or linked through the Services and we will bear no responsibility for your use of or relationship with any such third parties services, programs or websites, including any payment obligations or fees that you may incur in your use of such third party services or websites.

c.     No commitment to review. We may review (but make no commitment to review unless required by law) content or third party programs or services made available through the Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party programs or services if we consider they may infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of the Services.

d.     Third party terms may apply. There may be, from time to time, third party content, programs and/or services on the Services that are subject to further terms from that third party for example, terms governing your use of any Mini Programs provided by a third party. You are solely responsible for reviewing and complying with any such third party terms and conditions.

e.     Third party content removal. We have the right to remove, at our sole discretion and without notice to you, any third party content, programs and/or services that are made available within the Services, in accordance with these Terms.

22.           THIRD PARTY AND OPEN SOURCE SOFTWARE

22.1         Third Party Software.

a.     You are solely responsible for any software (whether your own software or software supplied by third parties) used by you in connection with your use of the Services, including any third party software or services made available to you through the Services, such as Mini Programs made available to use via the Services and through the WeChat Mini Programs Platform (“Third Party Software”).

b.     Please note that we are not responsible for and are not liable for any damages or losses arising from your use of any Third Party Software and we do not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. You must comply with any terms and conditions applicable to all Third Party Software that you use.

c.     We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for technical support.

22.2         Open Source Software. The Services may contain third party software that are subject to “open source” licenses (“Open Source Software). Where we use such Open Source Software, please note that there may be provisions in the Open Source Softwares license that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms.

23.           UNSOLICITED IDEAS

We value your feedback on the Services, but PLEASE DO NOT SUBMIT ANY CREATIVE IDEAS, SUGGESTIONS OR MATERIALS TO US (collectively, “Unsolicited Ideas”). These Terms are aimed at avoiding potential misunderstandings or disputes when the Services might seem similar to Unsolicited Ideas that people submit. If you submit Unsolicited Ideas to us, then you grant us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, industrial rights, and all other Intellectual Property Rights and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. To the maximum extent permitted under applicable laws, you waive and agree not to assert any moral or similar rights you may have in Unsolicited Ideas. You also give up any claim that any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set forth therein.

24.           MISCELLANEOUS

24.1         Interpretation. In these Terms (except where the context otherwise requires): (a) words in the singular shall include the plural and in the plural shall include the singular; (b) any words following the terms “including”, “include”, “in particular”, “such as”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; (c) unless otherwise stated, a reference to “writing” includes email; (d) a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (e) the Additional Terms form part of the Terms and shall have effect as if set out in full in the body of the Terms and any reference to these Terms includes the Additional Terms.

24.2         We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organization, including in connection with a merger, sale, reorganization, asset sale, change of control, or similar transaction.

24.3         You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we give our prior consent in writing.

24.4         No rights for third parties. A person other than you and us has no rights to rely on or enforce any term hereunder.

24.5         If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections, paragraphs or provisions will remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid.

24.6         Even if we delay in enforcing the Terms, we can still enforce them later. Even if we delay in enforcing the Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

24.7         Headings for reference only. Headings are for reference only and have no legal effect respecting the scope, meaning or intent of any of the articles of the Terms.

24.8         Prevailing Language. We may translate these Terms into other languages. Unless otherwise specified in the Additional Jurisdiction-Specific Terms Addendum, the English language version of these Terms shall be controlling in all aspects and shall prevail in case of any inconsistency with any other language version (if any).

24.9         Entire Agreement. These Terms, together with any terms or document referenced or incorporated herein, constitute the whole legal agreement between you and us and govern your use of the Services and supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties, promises, assurances and arrangements of any nature whatsoever, whether or not in writing.


 

ADDITIONAL JURISDICTION-SPECIFIC TERMS

These Additional Jurisdiction-Specific Terms are incorporated by reference and form part of the Terms. These additional terms shall apply, supersede and override any conflicting provisions to the extent of any inconsistency in the main body of the Terms in relation to users of the Services located in the jurisdictions set out below.

 

Argentina.

·       Minimum Age. The minimum legal age to enter into a contract in the Argentine Republic is eighteen (18) years. If you are of the Minimum Age you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf. You may enter into this contract if you are of the Minimum Age only if you are emancipated to engage in business. 

  • Clause 25 of the WeCom SERVICE AGREEMENT should be replaced for the following:

“20.     GOVERNING LAWS AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Argentine Republic (excluding its conflict of law rules). If a dispute, controversy or claim arising from or in connection with the Terms or your use of the Services cannot be resolved within 30 days following the commencement of consultation or mediation, then you or we shall submit the dispute before the Commercial Courts of the Argentine Republic).”

 

Australia.

·       Minimum Age. You must be at least 18 years of age to access the Services.  All references to Minimum Age in the main body of these terms shall be deemed to be 18 years of age.

·       NON-EXCLUDABLE TERMS. IF ANY CONDITION, WARRANTY OR GUARANTEE CANNOT BE EXCLUDED AT LAW, THEN TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF ANY SUCH CONDITION, WARRANTY OR GUARANTEE IS LIMITED (AT OUR OPTION) TO: (I) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (II) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.

 

Brazil.

 

·       Minimum Age. You must be at least sixteen (16) years of age (“Minimum Age”) to create an Account in Brazil. If you are of the Minimum Age or over, but under eighteen (18) years of age, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 

Canada.

 

·       Minimum Age. You must be of the age of majority in the province in which you reside to access the Services.  All references to Minimum Age in the main body of these terms shall be deemed to be as follows for each province of residence in Canada: Alberta – 18, British Columbia – 19, Manitoba – 18, New Brunswick – 19, Newfoundland & Labrador – 19, Nova Scotia – 19, Ontario – 18, Prince Edward Island -18, Quebec – 18, Saskatchewan – 18, NWT – 19, Nunavut – 19, Yukon – 19.

 

·       Language: It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

 

The Hong Kong Special Administrative Region of the People’s Republic Of China

 

·       Service Provider.  WeChat International Pte. Ltd. is the licensed Service Provider providing the Service in Hong Kong and Tencent International Pte Ltd. is appointed by WeChat International Pte. Ltd. to market and promote the Services on WeChat International Pte. Ltd’s behalf. 

·       Minimum Age. The minimum legal age to enter into a contract in the Hong Kong Special Administrative Region of the People’s Republic of China is eighteen (18) years. If you are of the Minimum Age or over, but under the minimum legal age to enter into a contract in Hong Kong, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 

The Macao Special Administrative Region of the People’s Republic Of China

 

·       Minimum Age. The minimum legal age to enter into a contract in the Macao Special Administrative Region of the People’s Republic of China is eighteen (18) years. If you are of the Minimum Age or over, but under the minimum legal age to enter into a contract in Macao, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 

India.

·       Minimum Age. You must be at least 18 years of age to access the Services.  All references to Minimum Age in the main body of these Terms shall be deemed to be 18 years of age.

·       End Use Restrictions. Notwithstanding anything to the contrary contained in the Terms, and in addition thereto, you agree not to use the Services for, or in any manner, directly or indirectly, host, display, upload, modify, publish, transmit, update or share any information that:

(a)   is grossly harmful, blasphemous, invasive of another's privacy, hateful or defamatory or libellous;

(b)   is paedophilic or harms minors, or depicts minors or women in an obscene manner,

(c)   deceives or misleads the addressee about the origin of such messages or communicates any information which is menacing in nature;

(d)   contains computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(e)   threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or is insulting any other nation;

(f)    causes incitement to the commission of any offence, or prevents an investigation of any offence;

(g)   threatens public health or safety, or promotes the use of cigarettes or any other tobacco products or products that enable nicotine delivery, or consumption of intoxicants including alcohol;

(h)   threatens any computer resource, the incapacitation or destruction of which , shall have debilitating impact on national security, economy, public health or safety;

·      Data Retention. We have the right to retain your data and associated records to assist law enforcement even after a request for deletion of your data for (i) the maximum extent mandated by applicable laws or (ii) 180 days, whichever is longer.

·       Takedown Actions. Once a user reports a violation of applicable laws, the Terms or AUP we will process and review such feedback and remove any User Content found to be violative thereof, upon receiving actual knowledge, or on being notified about such content.

 

Indonesia.

 

·       Minimum Age. You must be at least 21 years of age to access the Services. If you are under 21 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf. All references to Minimum Age in the main body of these terms shall be deemed to be 21 years of age.

·       Governing Language. This Terms may be made in English and Indonesian language versions. In the event of any contradiction between the English and Indonesian language versions, the English language version shall prevail.

·       Waiver. For the purpose of termination and/or dissolution and/or rescission of the Terms, we and you hereby waive the applicability of the provisions under Article 1266 of the Indonesian Civil Code, to the extent that the court order and/or decision would otherwise be required to validly terminate and/or dissolve and/or rescind the Terms.

 

Japan.

·       Minimum Age. If you are under 20 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 

 

Malaysia.

·       Minimum Age. You must be at least 18 years of age to access the Services.  All references to Minimum Age in the main body of these terms shall be deemed to be 18 years of age.

 

Republic of Korea.

 

·       Minimum Age. The minimum legal age to enter into a contract in the Republic of Korea is nineteen (19) years old. If you are of the Minimum Age or over, but under 19 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf. 

 

Russia.

 

·       Minimum Age. You must be at least 18 years of age to access the Services (however, you may be allowed to get access to the Services, if you are more than 14 years old and are allowed to be employed by the relevant employer).  All references to Minimum Age in the main body of these terms shall be deemed to be 18 years of age.

·       Consent (Personal Data and Image/Photo/Video). By using the Services, you consent (for the purposes of the Russian Federal Law No. 152-FZ dated 27 July 2006 “On Personal Data” (as amended) and, with respect to image/photo/video, also for the purposes of Article 152.1 of the Russian Civil Code (as amended) or, in each caseany replacement regulations) to the processing in accordance with this privacy policy of your data which can be considered personal data and to the processing of your image/photo/video generated when using the Services or otherwise in connection with the use of the Services, including (in each case) the processing of User Content, as contemplated hereby. You also consent to the cross-border transfer of your information to any country where we have databases or affiliates and, in particular the People’s Republic of China (for the purpose of this Privacy Policy, this term excludes Taiwan, Hong Kong SAR and Macau SAR). You can contact us at [Dataprivacy@tencent.com]. Please include the word “Russia” in the subject line of your email.

·       Change in Terms. We will notify you of any changes in these Terms (including change in payment, transfer of obligations, etc.) or any underlying documents, terms and policies and may request you to acknowledge such changes. Unless we require the acknowledgment, you shall be deemed to have agreed to the changes, if you continue using the Services upon the notification.

·       Consumer Legislation. By using the Services, you represent that you are doing so in connection with and for the purposes of your (or your employer’s) business activities. To the fullest extent allowed by applicable law, you confirm that you do not intend to be acting as consumer (albeit we acknowledge that we are trying to meet the highest standards of the Services, including to the extent required by consumer legislation).

·       Extremist and Unlawful Information. As regards your use of the Services, you confirm that you will not publish any information which may be deemed extremist or otherwise unlawful from a Russian law perspective.

·       Disclosure of data. You acknowledge that we may be required to disclosure any User Consent (including the contents of your messages) or any information you submit to us to the Russian law enforcement authorities.

 

South Africa.

·       Minimum Age. The minimum legal age to enter into a contract in South Africa is eighteen (18) years. If you are of the Minimum Age or over, but under the minimum legal age to enter into a contract in South Africa, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

·       Dissemination of fake news regarding COVID-19. You may not disseminate fake news related to COVID-19 through your use of the Services. If fake news is identified as such, we are responsible and will remove the content constituting the fake news in compliance with applicable South African laws. 

 

The Kingdom of Saudi Arabia

·       Minimum Age. The minimum legal age to enter into a contract in the Kingdom of Saudi Arabia is fifteen (15) years. If you are of the Minimum Age or over, but under the minimum legal age to enter into a contract in the Kingdom of Saudi Arabia, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

·       Termination. You acknowledge that you do not have a right to terminate these Terms as a result of the applicability of Article 13(2) of the Electronic Commerce Law, issued by Royal Decree No. (M / 126) dated 7/11/1440 AH.

  • Your responsibility for loss or damage suffered by us. You agree to indemnify, defend and hold harmless us and our affiliate companies and our respective employees, directors, agents, contractors, partners and service providers from and against, and to the extent permitted by applicable law, any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys fees) and liability arising from: (a) your use of the Services; or (b) your breach of these Terms.

·       Unsolicited Ideas. To the extent permitted by copyright laws in the Kingdom of Saudi Arabia, you also give up any claim that any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set forth therein.

·       Miscellaneous. You agree that a court order is not required in order to terminate these Terms.

Singapore.

·       Service Provider. WeChat International Pte. Ltd. is the licensed Service Provider providing the Service in Singapore and Tencent International Pte Ltd. is appointed by WeChat International Pte. Ltd. to market and promote the Services on WeChat International Pte. Ltd’s behalf. 

·       Minimum Age. The minimum legal age to enter into a contract in Singapore is eighteen (18) years. If you are of the Minimum Age or over, but under 18 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

·       Limited Rights to Use the Service. You shall not post any User Content about, or use the Services to transmit, any statement of fact about any person which is false in any particular about the subject, any secret official code word, countersign or password, or any photograph, drawing, plan, model, article, note, document or information that are covered under the Official Secrets Act (Cap. 213), and any material against, or objectionable on the grounds of, public interest, public morality, public order, public security, or national harmony; offends against good taste and decency; or is otherwise prohibited by applicable laws and regulations

 

·       Suspension and Termination with notice. If you breach these Terms, we may end your rights to use the Services at any time by contacting you and giving you prior notice of the potential suspension, disruption or termination of the Services. In the event your breach of the Terms can be remedied, we may give you a reasonable opportunity to do so.

 

·       Suspension and Termination without notice. We may end your rights to use the Services at any time without prior notice in the event that (i) you have created or are likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to our network; (ii) if you use, allow the use of, or intend to use the Application fraudulently or dishonestly; (iii) if we are acting in compliance with a requirement of any relevant authority or law enforcement body; (iv) if you (as an individual) are deceased or mentally incapacitated; or (v) if you (as a corporation) cease to carry on your business.

 

·       End User Service Information. Unless consent is obtained, we will not provide your information to any third party for the purposes of developing and marketing any goods or services. Unless consent is obtained, we will only use your information for the following purposes:

a.     for planning requirements in relation to network operations or network maintenance for any service provided by us, excluding activities which are commercial in nature such as business, market or product research or development;

b.     for facilitating interconnection and inter-operability between us and such other telecommunication licensee for the provision of services;

c.     for the provision of assistance to law enforcement, judicial or other government agencies;

d.     for compliance with any regulatory requirement imposed by the Info-communications Media Development Authority authorising the use of your information (for example, for the provision of directory assistance services);

e.     for managing bad debt and preventing fraud related to the provision of services; and/or

f.      for the provision of mobile roaming-related information to in-bound mobile roaming customers in Singapore.

 

The Socialist Republic of Vietnam

 

·       Minimum Age. The minimum legal age to enter into a contract in the Socialist Republic of Vietnam is eighteen (18) years. If you are of the Minimum Age or over, but under 18 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.”

Taiwan.

·       Minimum Age. If you are of the Minimum Age or over, but under 20 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 

Thailand.

·       Minimum Age. If you are of the Minimum Age or over, but under 20 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 

Turkey.

·       Minimum Age. You must be at least 18 years of age to access the Services.  All references to Minimum Age in the main body of these terms shall be deemed to be 18 years of age.

 

United States of America.

 

·       Minimum Age. You must be at least sixteen (16) years of age (“Minimum Age”) to create an Account in the United States. If you are of the Minimum Age or over, but under the minimum legal age to enter into a contract in the United States, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 

·       Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, including any arbitration proceeding outlined below, are governed by California law.

 

·       ARBITRATION AND CLASS ACTION WAIVER

 

o   This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding).  Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

 

o   Arbitration Agreement.  Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Service Provider’s services and/or products, including the Services, or relating in any way to the communications between you and Service Provider or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Service Provider. However, this arbitration agreement does not (a) govern any Claim by Service Provider for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use the Services by following the procedure described below.

 

o   You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Service Provider are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

 

o   The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

 

o   Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

 

o   The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

 

o   If you do not want to arbitrate disputes with Service Provider and you are an individual, you may opt out of this arbitration agreement by sending an email to WeCom_DP@tencent.com within thirty (30) days of the first of the date you access or use the Services.

 

o   CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

 

o   If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Service Provider each waive any right to a jury trial.

 

·       DMCA NOTICE

 

o   If you are a copyright owner or an agent thereof and believe any content provided through the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to WeCom_DP@tencent.com containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where of the material that you claim is infringing is provided through the Services, (d) your address, telephone number, and email address, (e) a written statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.

 

o   In the event your User Content is removed pursuant to this process, you will receive information on how to file a counter-notice. Notices described in this section are legal notices separate from our regular activities or communications and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion, and may produce them pursuant to a legal discovery request.

 

·       California Consumer Rights Notice.  Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.

 

·       Exports.  You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Service Provider hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.  In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

 

·       U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

·       Limitations of Liability. The laws of the State of New Jersey may limit the limitations of liability set forth in Section 19.3. In such case you explicitly agree that our (or any such other released parties’) liability to you shall apply to the maximum extent permitted by the laws of the State of New Jersey.”

 

Vietnam.

 

·       Minimum Age. The minimum legal age to enter into a contract in the Socialist Republic of Vietnam is eighteen (18) years. If you are of the Minimum Age or over, but under 18 years old, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf.

 


 

WeCom VERIFICATION SERVICE TERMS

This WeCom Verification Service Terms (“Verification Service Terms”) are incorporated by reference and form part of the Terms. These additional terms shall apply if you apply to use the WeCom verification service (“Verification Service”) in relation to the WeCom account provided through the Services.

 

1.       DEFINITIONS

 

1.1     WeCom verification service” means a service in which an Admin User may apply for company verification for his/her WeCom account if specific conditions are met. We will perform the verification work according to the Admin User's application and the submitted data or information, and determine the verification result and information based on the actual situation.

1.2     Verification” means the account qualification verification to be performed by Tencent in respect of the Admin User's account based on the data or information submitted by the Admin User in the verification application, in accordance with the Terms and applicable laws and regulations.

1.3.    Account qualification verification” means the screening and authentication of data or information submitted by the Admin User for verification of the entity's qualifications or rights it holds conducted by Tencent, as requested by the Admin User, in accordance with these Terms and applicable laws and regulations.

1.4     Successful verification” means the successful result determined by Tencent after the screening and verification of the data or information submitted by an Admin User and the complete verification performed by Tencent. For a verified Admin User, Tencent will generate the Admin User's verified account name, verified mark and verification information based on the qualification data submitted by the Admin User, and enable the exclusive permissions for a verified company. In the event that an Admin User fails to complete the annual verification or if the annual verification fails, the Admin User is excluded from verified admin users.

1.5     System notification to admin users to adjust the application contents” means the conditions under which an Admin User is requested by Tencent through system notifications to make adjustments or provide supplementary information, due to failure to meet conditions for a successful verification, during the verification application process.

1.6     Failed verification” means the failed result determined by Tencent after the screening and verification of the data submitted by an Admin User and the complete verification performed by Tencent. This includes, but is not limited to, any of the following:

(a)     A user fails to satisfy the requirements for the account qualification verification after three system notifications from Tencent, for reasons attributable to the Admin User;

(b)     Failed result for the account qualification verification; or

(c)      Other reasons that cause the verification failure.

1.7     Verification fee” means the fee generated from the verification of the data or information submitted by the Admin User conducted by Tencent as requested by the User.

2.       RIGHTS AND OBLIGATIONS OF ADMIN USERS

2.1     The Admin User shall guarantee the truthfulness, legality, accuracy and validity of all data or information submitted to Tencent. If, in accordance with relevant laws or regulations, specific approval or filing is required for services or contents provided by the Admin User, the Admin User shall provide clear explanations and submit the relevant approval letters or filing certificates. Otherwise, Tencent is entitled to refuse or terminate the provision of such services and impose a penalty on the violating account under the Verification Service Terms and/or the Terms. You shall be liable to compensate for any damages suffered by Tencent in accordance with applicable laws.

2.2     The Admin User may not use the verification service through any other channels that are not authorized by Tencent. Tencent shall not be liable for any failure in verification or prolonged verification process that is not attributable to Tencent.

2.3     The Admin User understands and agrees that the data or information provided by the Admin User is the important basis of the verification result. Any changes to data or information may affect the result of the verification. The Admin User shall promptly apply for supplementary verification in the event of changes to the data or information. If the Admin User fails to do so, Tencent has the right to impose a penalty on the Admin User under this Verification Service Terms. You shall be liable for compensation for any damages caused to and/or suffered by Tencent in accordance with laws.

2.4     The Admin User may be granted the exclusive permissions for a verified company after successful account qualification verification. When using the exclusive permissions, the Admin User must abide by laws, administrative regulations, this Verification Service Terms, and related Terms. If the Admin User fails to do so, Tencent has the right to take measures, including but not limited to restricting or suspending the use of exclusive permissions for a verified company at any time, without prior notice, depending on the severity of the violation.

3.       RIGHTS AND OBLIGATIONS OF TENCENT

3.1     To maintain order in the Verification Service in accordance with the laws, Tencent has the right to establish different verification standards and requirements for specific verification of users based on related laws, regulations, and industry standards. Tencent shall also be entitled to modify related standards and requirements when necessary.

3.2     Tencent has the right to separately determine the verification result at its sole discretion, based on the data or information submitted by the Admin User.

4.       WeCom VERIFICATION STANDARDS

4.1     Verification Process

4.1.1  The Admin User shall submit related data or information as instructed by Tencent on the application page when applying for the Verification Service. You shall carefully read and agree to the Verification Service Terms when applying for the Verification Service. By accepting and using and/or providing data or information to the Verification Service, you will be deemed to have read and agreed to be bound by the Verification Service Terms.

4.1.2  After the Admin User completes the online application and information submission processes, Tencent will carry out the verification within a commercially reasonable period. The Admin User shall comply with verification requirements of Tencent, and the Admin User has the right to learn and check the verification progress at any time.

4.1.3  The Admin User agrees that Tencent may, at its discretion, verify the data or information submitted by the Admin User, and that after completing all verification processes, Tencent shall independently determine whether the verification is successful or fails, and enable the exclusive permissions for a verified company. The Admin User shall cooperate actively in the process.

4.1.4  After the verification is complete, Tencent shall reply as follows:

(a)     The account qualification verification is successful. The Admin User may be granted the additional permissions for a verified company; or

(b)     If the verification fails, Tencent will inform the Admin User of the reason for the failure.

4.1.5  Verified Admin Users shall apply for annual verification in accordance with the following provisions:

(a)     The successful verification status of verified Admin User accounts shall be retained for one year (starting from the date of the successful account verification). Admin Users who desire to maintain the successful status of the account verification or retain the additional permissions for a verified company shall initiate and complete the annual verification within one year after the date of successful account verification. The annual verification procedures and standards are the same as those of the initial verification. In the event that the Admin User fails to complete the annual verification or that the account qualification verification fails, the Admin User's successful verification status shall be terminated, and the additional permissions for a verified company shall also be canceled.

(b)     The verified account name, verified account mark, and verification information of the Admin User shall be retained for one year after successful verification (starting from the date of the successful verification of the account qualification). Admin Users who desire to maintain the aforesaid information shall initiate and complete the annual verification within one year after the date of successful account verification. The annual verification procedures and standards are the same as those of the initial verification. In the event that the Admin User fails to complete the annual verification or that the account qualification verification fails, the Admin User can continue using the verified account name but the verified account mark, the verification information and the additional permissions for a verified company shall be canceled.

4.1.6  The Admin User shall take the following measures promptly in the event of changes to the data or information provided to Tencent:

(a)     In the event of changes to the data or information used during the verification process, the Admin User shall notify Tencent immediately and update the related data and information;

(b)     In the event of changes to the data or information after successful verification, the Admin User shall promptly apply for a supplementary order to change the related data and information; or

(c)      In the event that Tencent discovers errors in the data or information after successful verification, the Admin User shall promptly apply for a supplementary order to change the related data and information.

4.2     Verification Rules

4.2.1 The Admin User understands and agrees that the Verification Service only covers the screening and verification of the data or information submitted by the Admin User. Tencent will verify the data or information in a reasonable and prudent manner. However, Tencent shall not physically verify the Admin User's true identity, qualifications and business operations and Tencent does not provide any guarantees in this respect.

4.2.2 Tencent retains the right to verify or consign a third-party verification agency to verify the content including but not limited to the following:

(a)     Whether the Admin User have gained legal entity qualifications as well as corresponding rights or authorizations for the provision of services or content;

(b)     The identity of the operator of the account and whether the operator has been expressly authorized by the Admin User; or

(c)      Other content deemed necessary by Tencent or the third-party verification agency.

The Admin User shall provide supporting certificates with regard to the above content, and be liable for any inaccuracy in the truthfulness and illegality of the content.

4.3     Tencent retains the right to generate the verified account name of the Admin User based on the account qualification data submitted by the Admin User and display the same.

4.4     The content of the verification information shall be established by Tencent in accordance with the verification, and shall be generated after the successful verification of the verified account qualification. The verification information mainly includes valid certification information such as the entity's qualifications and rights. Tencent retains the right to adjust the content and format of the verification information in accordance with the Verification Operation Guidelines.

5.       LEGAL RESPONSIBILITIES

5.1     In the event that Tencent discovers or receives complaints from others regarding the Admin User's violation of provisions hereof, Tencent retains the right to take actions, without notification, on the non-compliant Account, including but not limited to terminating qualification verification for the Service, ordering the User to provide supplementary qualification verification information, modify verification information, and apply for another verification, or forcibly modifying the account name or verification information, and cancellation of verification, depending on the severity of the violation.

5.2     You understand and agree that the User shall undertake full responsibility for any claim, request or loss asserted by a third party due to the Admin User's violation of the Verification Service Terms or the related terms of service. You shall also be liable for compensation for any losses resulting therefrom to Tencent.

6.       MISCELLANEOUS

6.1     By continuing to use the Verification Service after changes to the terms and conditions of Verification Service Terms, you will be deemed to have accepted the amended Verification Service Terms. If you do not accept the amended Verification Service Terms, you shall discontinue using the Verification Service.

 

 

 


 

WeCom API TERMS

This WeCom API Terms (“API Terms”) are incorporated by reference and form part of the Terms. These API Terms shall apply to your use of the development tools, services and assets in relation to the WeCom account provided through the Services.

API DEVELOPMENT SERVICE PLATFORM

Service Provider provides the Admin User through the WeCom API service platform at https://work.weixin.qq.com/api/doc with various development tools and services to customize the Services accounts, settings and certain features of the Services for the needs of your Organization ("Development Services"). You must be an Admin User of your Organization in order to use the Development Services, and you must comply with these API Terms, the developer documents and other specifications and technologies provided to you via the Development Services.

If you violate any provisions of these API Terms, we may suspend or terminate your access to the Services without notice in accordance with the Terms.

PERMITTED USE OF THE DEVELOPMENT SERVICES

1.       You may only use the Development Services if:

a.   you are an Admin User of your Organization;

b.   you are authorized by your Organization to perform the customizations of the Services accounts, settings and features in relation to your Organization using the Development Services; and

c.   you will comply with all relevant laws and regulations, the technical specifications and standards, our requirements relating to technology and security, other requirements provided via development documents on the service platform, so as to ensure that relevant account will operate in a secure and stable manner.

2.       When you use Development Services to interact with other users through the Services using your Admin Account, you may only collect, store and use the data of other users or end users in accordance with the Privacy Policy and the following requirements:

a.   you must obtain the prior express consent from other users or end users, and you 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;

b.   you must implement all necessary security and protection measures for relevant user data that you collected to prevent these data from theft, leakage and unauthorized access;

 

c.    you shall only access the user data collected in the Organization structure established under the specific Admin Account for your Organization, and you shall neither use such user data outside your Organization nor for any other purposes, nor make available such user data to any third party in any way.

 

3.       Except as expressly provided under these API Terms, you may not use the Development Services for any other purpose, nor entrust or delegate to any third party to access or utilize the Development Services in any way, unless expressly authorized by us.

RESTRICTIONS RELATING TO THE DEVELOPMENT SERVICES

You may not, nor may you permit any other person to:

a.       remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on the Services;

b.       use our or our affiliates URL address(es) and other technical APIs outside the Services in any way without our written permission;

c.       provide proxy authentication credentials for automatic login to access the Services by any other users;

d.       automatically redirect the browser window to another webpage;

e.       develop any form of network platform service through the use of your Account;

f.        infringe on the legitimate rights and interests of others, including but not limited to Intellectual Property Rights and other relevant rights and interests; or

g.       engage in other acts or provide content which may be considered by us to be deceptive, fraudulent, malicious, misleading or otherwise unlawful.

YOUR RESPONSIBILITY

a.       Once you stop using Development Services or we terminate your use of Development Services for any reason, you must immediately delete all data, including all backups thereof, obtained through your use of Development Services, and shall no longer use such data for any purpose;

b.       You shall take reasonable and secure technical measures for various data and information obtained through your use of Development Services to ensure the security thereof, and shall implement encryption measures or applying other security measures on your own; and

c.       You are solely responsible for all content generated from your use of Development Services, and you shall be liable for any loss arising therefrom that is caused to us, our affiliates or any third party.


 

APP PLATFORM TERMS

These App Platform Terms are incorporated by reference and form part of the Terms (i.e. WeCom Service Agreement). The ways in which you can use the Services made available as apps downloaded from an app platform may also be controlled by the relevant platform provider’s rules and policies. To the extent required by such rules and policies, these additional terms will apply instead to the extent of any inconsistency with the main body of the Terms.

Platform

Platform Terms

iOS APP Store

Your use of the Services made available as apps via the iOS App Store (“iOS Apps”) is subject to any policies promulgated by Apple, Inc. or its affiliates or subsidiaries (collectively, “Apple”) that apply to the use of such service, including the Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/.

You acknowledge that:

·         to the extent any third party content is made available or accessible via the iOS Apps, the third party providing such content shall be solely responsible for such content;

·         Service Provider may from time to time adjust your visibility, status or rank on iOS Apps in accordance with these Terms;

·         Service Provider, not Apple, licenses or makes available the iOS Apps to you in accordance with these Terms and these Terms are between Service Provider and you, not Apple;

·         the license granted to you in the iOS Apps is limited to a non-transferable license to use the iOS Apps on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such iOS Apps may be accessed and used by other accounts associated with the purchaser via iOS Family Sharing or volume purchasing;

·         You and Service Provider acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps;

·         you shall be solely responsible for ensuring you use any account that you use to log into the Services in accordance with the policies applicable to such account;

·         Apple Inc. and its affiliates are not responsible or liable to you for content made available through the Services, and as between you and Apple, you, not Apple, are solely responsible for your use of the Services and the content thereof;

·         in the event of any failure of the iOS Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App(s) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Apps, and as between Service Provider and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Service Providers responsibility;

·         As between Service Provider and Apple, (A) Service Provider, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (B) in the event of any third party claim that the iOS App or you possession and use of that iOS App infringes that third partys intellectual property rights, Service Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;

·         Service Provider does not grant you a right to use any intellectual property rights, including trademarks, of Apple Inc. or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Apple Media Services Terms and Conditions and any other policies made available by Apple Inc. or its affiliates from time to time in relation to use of the platform;

·         Service Provider may be required to change the Services, or these Terms, in order to comply with instructions of Apple. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes; and

·         Apple, and Apples subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Google Play

Your use of the Google Play Store is subject to any policies that apply to the use of such service, including the Google Play Terms of Service available at https://www.google.com/mobile/android/market-tos.html.

You acknowledge that:

·         you are above the minimum age for your country specified in the Google Play Terms of Service;

·         to the extent you are able to upload content or communications to the Services, you must not promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization;

·         we may remove or block access to your Account if we suspect that you have breached these Terms or the Google Play Terms of Service;

·         Service Provider, not Google Inc. nor any of its affiliates, licenses the Services to you in accordance with these terms;

·         you shall be solely responsible for ensuring you use any account that you use to log into the Services in accordance with the policies applicable to such account;

·         Google Inc. and its affiliates are not responsible or liable to you for content made available through the Services;

·         Service Provider does not grant you a right to use any intellectual property rights, including trademarks, of Google Inc. or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Google Play Terms of Service and any other policies made available by Google Inc. or its affiliates from time to time in relation to use of the platform; and

·         Service Provider may be required to change the Services, or these Terms, in order to comply with instructions of Google Inc. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes.