Commercial Terms of Service #

These terms of service are an effective contract between Beijing SphereEx Software Technology Co., Ltd. (hereinafter referred to as “SphereEx”) and you regarding the matters involved in the SphereEx commercial version service. By stamping the contract to make this clause effective, it means that you have reached an agreement with SphereEx and agree to accept the entire content of this service clause.

1. Service Content #

1.1. “Service” in this clause refers to: SphereEx provides you with commercial product services and related technical and network support services (excluding free trial functions).

2. Service Fee #

2.1. The price system (price, billing mode, etc.) of SphereEx products will be based on the price of the contract signed by both parties.

2.2. SphereEx reserves the right not to continue to provide you with paid services and technical support or terminate the service and technical support before you pay all the fees as agreed. At the same time, SphereEx has the right to require you to pay the service fees that you have not paid before the termination of the service.

3. Rights And Obligations #

3.1. Your Rights, Obligations

3.1.1. The content of these terms may be subject to change. If the content of this terms of service is updated, SphereEx will notify you of the revised content 15 days in advance through the release channel of the terms. If you do not agree to the modification made by SphereEx to the relevant terms of the terms of service, you have the right to stop using the services of SphereEx, and if you continue to use the services of SphereEx, it shall be deemed that you accept the modification of the terms of service.

3.1.2. Before accepting the terms of service, please read the entire content of the terms of service carefully. If you have any questions about these terms of service, please inquire through the relevant business department of SphereEx.

3.1.3. You undertake to:

3.1.3.1. Not to modify, translate, or transfer the services provided by SphereEx, nor to decompile or otherwise attempt to discover, or leak the source code of the software provided by SphereEx (except for the license provided by SphereEx);

3.1.3.2. Do not use the services provided by SphereEx to disseminate harmful information containing reactionary, pornographic, etc.;

3.1.3.3. Do not use the services provided by SphereEx to release news information that violates state regulations and religious policies;

3.1.3.4. Do not use the services provided by SphereEx to publish illegal Internet activities or information that hinders the safety of Internet operations;

3.1.3.5. Do not use the services provided by SphereEx to publish information that infringes on the legitimate rights and interests of others and that is detrimental to social order and public morals;

3.1.3.6. Do not use the services provided by SphereEx to conduct any acts that damage or attempt to damage network security (such as viruses, Trojan horses, malicious codes, etc.);

3.1.3.7. Do not use the services provided by SphereEx to conduct other content that violates laws, regulations or national policies.

3.1.3.8. If SphereEx finds that you have violated the above terms, it has the right to take corresponding measures according to the actual situation, including but not limited to immediately terminating the service and taking corresponding legal measures.

3.2. SphereEx’s rights and obligations

3.2.1. SphereEx shall provide the Services in accordance with the Terms of Service.

3.2.2. During the service period, SphereEx will provide you with the following services:

3.2.2.1. Provide commercial products, technical support services, troubleshooting services, technical consulting services, and technical training services for paying users.

3.2.2.2. Provide a variety of effective contact methods for paying users to ensure that users can contact the fault contact in time.

3.2.2.3. SphereEx specifies an effective fault feedback and handling process to efficiently handle user faults.

3.2.3. SphereEx shall strictly abide by confidentiality obligations.

4. Intellectual Property #

4.1. The intellectual property rights of any services, materials, or technical support provided by SphereEx to you belong to SphereEx.

4.2. Without the explicit consent of SphereEx, you have no right to copy, transfer, or provide others to use the above resources, otherwise you shall bear corresponding responsibilities.

5. Privacy Policy #

5.1. Any party in this Terms of Service shall keep the confidential information confidential, (including but not limited to product information, product price, product technology, special algorithm, etc.).

5.2. The party who signed the confidentiality clause shall not disclose to the outside world unless the state agency compels the field according to the law.

6. Activation, Use And Termination Of Services #

6.1. You can use SphereEx’s services from the date of signing the contract.

6.2. If you have any questions during the use of SphereEx’s services, you can contact SphereEx.

6.3. The service will be terminated in the following situations:

6.3.1. The two parties decide to terminate early after consultation.

6.3.2. Due to your serious violation of the Terms of Service (including but not limited to a. your serious violation of the commitments made in the Terms of Service b. your serious violation of legal regulations, etc.), SphereEx has the right to unilaterally terminate the service in accordance with the relevant provisions of the Terms of Service.

6.3.3. If you fail to fulfill your payment obligations in accordance with the contract, SphereEx will suspend or terminate the service.

7. Liability for breach of contract #

7.1. Any party who breaches the terms of service shall be liable for breach of contract according to law.

7.2. The liability for breach of contract shall be subject to the signed contract actually signed by both parties.

8. Force Majeure #

8.1. If a force majeure event makes it impossible to perform the terms of service, the party suffering from force majeure shall not be liable. The party shall immediately notify the other party of the reasons for its inability to perform or delay the performance of its contractual obligations, and shall notify the other party within 15 natural days of the occurrence of the force majeure event. One party provides proof documents related to the occurrence of force majeure, and according to the degree of impact of the force majeure event on this contract, the two parties negotiate whether to terminate this contract, or partially exempt part of the obligations of this contract.

8.2. Force majeure refers to the occurrence of wars, floods, typhoons, earthquakes or other force majeure events that are unforeseeable, unavoidable, and beyond human control.

9. Applicable Law and Dispute Resolution #

9.1. The interpretation, effectiveness, performance and other matters of this clause are governed by the laws of the People’s Republic of China (excluding the laws of Hong Kong, Taiwan and Macau).

9.2. In the event of a dispute arising during the implementation of the terms of service, the two parties shall negotiate and resolve it in a timely manner.

9.3. If the negotiation fails, either party may directly file a lawsuit with the people’s court in the area where it is located.

10. Effectiveness of terms #

10.1. If there is any conflict between the terms and provisions listed in these terms and the terms and agreements listed in the actual signed contract and the various appendices (including general terms and conditions) of the contract, the terms and provisions of the actually signed contract shall prevail.

10.2. After the two parties reach a consensus, they can modify and supplement this clause in writing, and the written modification and supplement will be an effective part of this clause.

10.3. If any relevant clause in this clause is deemed invalid, revoked, illegal or unenforceable by the judiciary, it will not affect the validity of other clauses in this clause.