1 General Terms
1.1 You confirm that before using the Services, you have fully read, understood, and accepted all contents of this Agreement and other relevant agreements and rules (especially the content marked in bold and/or underlined). Once you select “Agree” on this website (specific wording detailed on the registration page) and complete the registration process or choose to use the Services in any other way, you agree to comply with all terms under the aforementioned agreements and/or rules and are willing to be bound by them. 1.2 You agree that Flashcat Cloud has the right to unilaterally update the contents of this Agreement and other relevant agreements and rules at any time, and has the right to notify through at least one of the following methods: webpage announcement, email, or message push, without separate notification to you. When using Flashcat Cloud Services, you should pay attention to and comply with all applicable terms, as these terms are closely related to your use of the Services. If you choose to continue using the Services after the announcement of changes to this Agreement or other relevant agreements and rules, it means you have fully read, understood, and accepted the modified terms and will comply with them. If you do not agree with such modified terms, you should immediately stop using the Services. 1.3 Unless otherwise specified in this Agreement or agreed upon by both parties, the content and types of Flashcat Cloud Services, service standards, usage rules, pricing standards, and settlement methods, etc., shall be subject to the descriptions and/or displays on this website and the purchase page when you purchase specific services. 1.4 Flashcat Cloud only provides technical services and technical support related to Flashcat Cloud Services, and is a neutral provider of information storage space and related technical services. Any products, services, and related content that you own, upload, store, or manage and operate in any form through Flashcat Cloud are developed and operated by you, and you shall bear full responsibility. Flashcat Cloud does not assume any responsibility for any such products, services, and related content.
2 User Service Account
2.1 Account Registration
2.1.1 You can use the email address, phone number, or other methods provided or confirmed by you and allowed by Flashcat Cloud to complete the registration process according to the prompts on the user service account (hereinafter referred to as “account” or “Flashcat Cloud account”) registration page, and obtain a Flashcat Cloud account matching your registration information upon successful registration. 2.1.2 You confirm that when you complete the account registration procedure or actually use the Services in other ways allowed by Flashcat Cloud, you should be a natural person, legal person, or other organization (hereinafter collectively referred to as “legal entity”) with full civil rights capacity and full civil conduct capacity. If you are a minor or a person with limited capacity for civil conduct, you do not have the aforementioned legal entity qualification. You and your guardian shall bear all consequences caused by your improper account registration behavior, and Flashcat Cloud has the right to cancel your account and claim compensation from you and your guardian for any losses caused to Flashcat Cloud due to your improper account registration behavior. 2.1.3 You shall fill in and submit true, accurate, complete, and valid information (collectively “information”) according to the Flashcat Cloud account registration process, which may include but is not limited to login name, contact person, email address, contact phone number, contact address, postal code, business registration documents, etc. If your information changes, you should update it yourself in a timely manner according to Flashcat Cloud’s relevant rules and operational procedures to ensure the truthfulness, accuracy, completeness, and validity of the information you submit. Flashcat Cloud shall not assume any responsibility for any problems arising from your registration information being incorrect, untrue, outdated, or incomplete. If there is reasonable cause to suspect that the information you provide is incorrect, untrue, outdated, or incomplete, Flashcat Cloud has the right to send you inquiries and/or request you to make corrections and supplements, and has the right to directly delete the corresponding information when necessary (such as when it has caused or may cause website security risks or cause Flashcat Cloud to violate applicable laws). Flashcat Cloud shall not bear any responsibility for this, and you shall bear any direct or indirect losses and adverse consequences arising therefrom.2.2 Account Management
2.2.1 Flashcat Cloud allows one legal entity to have multiple Flashcat Cloud accounts, but one Flashcat Cloud account can only correspond to a unique legal entity, and this Agreement is effective for all Flashcat Cloud accounts under your name. You can transfer, gift, or allow others to inherit your Flashcat Cloud account, but such operations must be based on applicable laws or effective legal documents, or meet the conditions published by Flashcat Cloud. Under the aforementioned conditions, Flashcat Cloud has the right to require you and/or your transferee, donee, or heir to provide qualified documents and handle the corresponding account transfer, gift, and inheritance matters according to Flashcat Cloud’s required operational procedures. 2.2.2 You understand and acknowledge that for account and transaction security purposes, Flashcat Cloud has the right to require you to complete real-name authentication for your Flashcat Cloud account at any time, to which you should cooperate. Meanwhile, Flashcat Cloud may require you to provide more information or materials, or conduct further identity authentication or qualification verification for the activation of certain products or services. Your account can only qualify to use related products or services after passing these authentications and verifications. You agree to authorize Flashcat Cloud to review your identity and qualifications through third parties to obtain your relevant information for using the Services. 2.2.3 Unless there are special circumstances, your Flashcat Cloud account will serve as the corresponding identity verification basis for all your activities on this website, and each Flashcat Cloud account can serve as the basis for independently conducting activities on this website. However, in the following circumstances, Flashcat Cloud has the right to handle multiple Flashcat Cloud accounts owned by the same and/or related legal entities uniformly based on its reasonable judgment, including:-
- There are associated relationships between multiple Flashcat Cloud accounts, such as main account and sub-account, authorizing account and authorized account, etc., and according to applicable laws, the terms of this Agreement or other relevant agreements and rules, the accounts bear joint and several liability;
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- There are associated circumstances between multiple Flashcat Cloud accounts, including but not limited to one or more identical registration information, payment on behalf of others, products or services purchased for the same purpose, etc., and there are malicious arrears and/or violations of applicable laws, the terms of this Agreement or other relevant agreements and rules, and Flashcat Cloud can determine through combining other relevant evidence that such Flashcat Cloud accounts are actually owned or held by the same legal entity or the same group; or
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- Any other circumstances where Flashcat Cloud believes there are sufficient reasons to handle multiple associated Flashcat Cloud accounts uniformly.
2.3 Account Security
2.3.1 After obtaining your Flashcat Cloud account, you must properly manage and store your Flashcat Cloud account and password when using the corresponding account for operations and take corresponding confidentiality measures. You shall be responsible for all activities implemented and occurring under your account name and password. Any consequences arising from your failure to comply with this provision to properly maintain your account credentials and password, resulting in account information leakage or password and credential loss, shall be borne by you. 2.3.2 You understand and acknowledge that when necessary and reasonable, Flashcat Cloud has the right to understand your true background and purpose of using this website’s products or services, and has the right to require you to provide true, comprehensive, and accurate information. If Flashcat Cloud has reasonable grounds to suspect that the information you provide is untrue, you have implemented or intend to implement false transactions, or your behavior violates the rules of this website, Flashcat Cloud has the right to temporarily or permanently restrict all or part of the functions of all products and/or services under your account. 2.3.3 You understand and acknowledge that for operational and transaction security considerations, Flashcat Cloud has the right to decide to temporarily suspend or restrict some or all of the payment functions under your account. Flashcat Cloud will send you notifications through email, in-site messages, SMS, or phone calls, or through multiple methods, and you should pay attention to such notifications in a timely manner and can follow up with appeals according to the corresponding procedures or rules published by Flashcat Cloud. 2.3.4 You understand and agree that Flashcat Cloud has the right and/or legal obligation to query, freeze, or deduct your personal information, account information, funds, transaction records, and accounts on this website when national judicial, administrative, military, security, and other agencies (including but not limited to courts, procuratorates, public security, customs, taxation, security departments, etc.) make requests or orders in accordance with the law.2.4 Account Cancellation
2.4.1 Flashcat Cloud reserves the right to suspend or terminate the provision of some or all services to you, until canceling your Flashcat Cloud account, in cases where you violate applicable laws or the terms of this Agreement or other relevant agreements and rules. 2.4.2 You understand and agree that if you have not logged into this website using your email, phone number, or other methods and passwords recognized by this website for 12 consecutive months, and there are no unexpired services under your account, Flashcat Cloud may perform cleanup operations on your login name on this website. After this operation, you will no longer be able to log in to this website with that login name. 2.4.3 You have the right to actively cancel your account by sending an email to support@flashcat.cloud to request account cancellation.3 Service Rules
3.1 Instructions sent by you to Flashcat Cloud in the following ways are irrevocable or irreversible instructions issued by you personally, and you shall bear any results and responsibilities arising from Flashcat Cloud executing such instructions:
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- All operations performed through your Flashcat Cloud account and password;
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- All information sent to Flashcat Cloud through the phone number bound to your account;
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- Information sent to Flashcat Cloud through other hardware, terminals, software, codes, numbers, other account names, or other tangible or intangible carriers bound to your account; or
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- Any other form of operation agreed upon between Flashcat Cloud and you or recognized by Flashcat Cloud.
3.8 Appeals and Processing
3.8.1 You acknowledge and recognize that during your use of Flashcat Cloud services, Flashcat Cloud may take measures including but not limited to stopping all or part of the services, restricting all or part of the service functions, freezing all or part of the account funds, etc., due to the existence of one of the circumstances listed in Article 5.4 of this Agreement. If such circumstances occur, Flashcat Cloud will notify you through one or more methods such as email, in-site messages, SMS, or phone calls to proceed with appeals according to the corresponding procedures. 3.8.2 You acknowledge and recognize that under the aforementioned circumstances of restriction or freezing, you can apply to lift the above restriction or freezing measures or restore services through Flashcat Cloud’s appeal procedures. When you file an appeal, you should truthfully provide identity proof and relevant materials, as well as other information or documents required by Flashcat Cloud, to allow Flashcat Cloud to verify your appellant identity and qualifications. You should fully understand that your appeal will not necessarily be accepted, and Flashcat Cloud has the right to judge whether your appeal request is valid and can be recognized, and thereby decide whether to agree to your appeal request. 3.8.3 You acknowledge and recognize that if you refuse to provide true and valid identity proof and relevant materials, or if the materials you provide fail to pass Flashcat Cloud’s review, then Flashcat Cloud has the right to freeze such accounts long-term and restrict part or all functions of such products or services long-term.3.9 Regarding Third Parties
3.9.1 You acknowledge and recognize that if you obtain or use any products or services from third parties through the use of the Services, you should evaluate whether such products or services meet your requirements on your own, and you may also be bound by relevant terms and conditions from such third parties. Flashcat Cloud shall not bear any responsibility for this, and the terms of this Agreement and other relevant agreements and rules will not affect the legal relationship between you and such third parties. 3.9.2 You acknowledge and recognize that all affiliates of Flashcat Cloud are third-party beneficiaries of the terms of this Agreement and other relevant agreements and rules, and each such affiliate has the right to directly enforce and rely on any provisions in the terms of this Agreement and other relevant agreements and rules that grant benefits to it. Apart from this, no third party may act as a third-party beneficiary of the terms of this Agreement and other relevant agreements and rules.4 Your Rights and Obligations
4.1 Flashcat Cloud will provide you with network technical and information services, and will provide Flashcat Cloud’s technical support, customer consultation, and other services when providing services to you. The content of such services is detailed on the relevant pages of this website. 4.2 You shall respect the intellectual property rights and other legitimate rights and interests of Flashcat Cloud and any third parties, and promise to make efforts to protect Flashcat Cloud and its shareholders, employees, partners, etc., from being affected or suffering losses in the event of illegal incidents infringing such rights. Flashcat Cloud reserves the right to require you to bear corresponding legal responsibilities, terminate services to you, and not refund any fees when you infringe upon Flashcat Cloud’s legitimate rights and interests. 4.3 If Flashcat Cloud cannot contact you through these contact methods due to errors in the contact information you provided to Flashcat Cloud or due to your failure to update contact information in a timely manner, as well as all consequences caused by poor security or stability of the email box you use to receive Flashcat Cloud emails, you shall bear the corresponding responsibility, including but not limited to consequences and losses caused by your failure to receive relevant notices from Flashcat Cloud in a timely manner. 4.4 You hereby solemnly promise: 4.4.1 You will avoid implementing any actions that affect, damage, or may affect or damage the legitimate rights and interests of Flashcat Cloud and any Flashcat Cloud affiliated companies (hereinafter collectively referred to as “Flashcat Companies”), including:
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- Violating any service agreement/terms, management specifications, transaction rules, and other normative content published by Flashcat Companies;
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- Destroying or attempting to destroy the normal transaction order of Flashcat Companies;
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- Using any Chinese or English names (whether full names or abbreviations), numbers, letters, domain names, logos, etc., that contain Flashcat Companies’ names, brands, and may mislead others or intend to indicate or map a certain relationship with Flashcat Companies; and
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- Any other actions that Flashcat Cloud reasonably judges may be of the same nature as the above actions or may produce similar risks or consequences as above.
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- Any information that violates national laws, regulations, or policies;
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- Political propaganda and/or news information that violates national regulations;
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- Information involving national secrets and/or security;
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- Information that violates national ethnic and religious policies;
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- Feudal superstition and/or obscene, pornographic, vulgar information or information that instigates crimes;
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- Information involving gambling, betting, and other illegal activities;
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- Information that interferes with the safe operation of the Internet; and
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- Information that infringes upon others’ legitimate rights and interests and/or any other information that damages social order, social security, and public morals.
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- Implementing activities suspected of gambling, betting, and other illegal activities;
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- Implementing fraud, false or misleading behaviors, or implementing behaviors that infringe upon others’ intellectual property rights or any other legitimate rights;
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- Publishing and spreading spam;
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- Violating the operating regulations of networks, equipment, or services connected to Flashcat Cloud website or network;
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- Implementing unauthorized access, theft, interference, or monitoring;
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- Implementing any actions that destroy or attempt to destroy network security, including but not limited to using viruses, trojans, malicious code, phishing, etc., to maliciously scan websites, servers, illegally intrude into systems, illegally obtain data, etc.;
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- Implementing any actions that change or attempt to change the system configuration provided by Flashcat Cloud services or destroy system security;
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- Using technical or other means to destroy, disturb the operation of Flashcat Cloud services or others’ use of Flashcat Cloud services; and
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- Interfering or attempting to interfere with the normal operation of any Flashcat Cloud product or service or any of its parts or functions in any way, or making, publishing, spreading the above tools, methods, etc.
5 Flashcat Cloud’s Rights and Obligations
5.1 According to your service selection and payment situation, Flashcat Cloud will provide you with qualified network technical and information services. 5.2 Unless the following circumstances exist, Flashcat Cloud will take confidentiality measures for your information, promise not to disclose your information to any third party, and not authorize any third party to use your information:
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- Required to be provided according to applicable laws;
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- Required to be provided according to administrative, judicial, and other national authority departments;
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- Can be provided according to the provisions of this Agreement or other service agreements, contracts, online terms, etc., concluded between you and Flashcat Cloud;
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- Can be provided to third parties with your consent and confirmation;
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- Need to be provided by Flashcat Cloud to resolve reported incidents;
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- Need to be provided for Flashcat Cloud to take necessary reasonable actions to prevent serious illegal behaviors or suspected criminal behaviors; or
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- Need to be provided by Flashcat Cloud to third parties to provide products, services, information to you, including but not limited to situations where Flashcat Cloud provides products, services, information to you through third parties’ technology and services.
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- According to the provisions of national laws, regulations, policies, legal documents;
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- Required to be frozen by national authorities;
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- Based on unilateral reasonable judgment, Flashcat Cloud considers that your account operations, fund inflows and outflows, etc., are abnormal;
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- Others mistakenly transfer funds to your account, etc., causing you to possibly have undue benefits;
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- You are complained about by others, and the complainant has provided certain evidence; or
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- Other circumstances that Flashcat Cloud considers may produce risks based on reasonable judgment.
6 Personal Information Protection
You acknowledge and recognize that once you choose to agree to the terms of this Agreement or use the Services, it means you acknowledge that Flashcat Cloud will collect, use and disclose your personal information according to the following terms.
6.1 Login Name and Password
When you start registering an account, Flashcat Cloud will require you to set up a Flashcat Cloud account login name and password to identify your identity, and set password hint questions and their answers to confirm your identity when you lose your password. You can only use that account through the password you set. If you leak the password, you may lose or leak your personal identification information as a result, and may produce adverse legal consequences for you. If the account and password are under potential or actual danger for any reason, you should contact Flashcat Cloud immediately. Before Flashcat Cloud takes corresponding actions, Flashcat Cloud shall not bear any responsibility for this.6.2 Bank Account or Payment Account Information
If the services provided by Flashcat Cloud require you to provide your bank account or payment account information, Flashcat Cloud will strictly fulfill relevant confidentiality agreements regarding the bank account or payment account information you provide.6.3 Login Information
Flashcat Cloud will record and keep your relevant information for logging in and using the Services according to the clear requirements of relevant applicable laws. In addition, to ensure your security in using the Services and continuously improve service quality, Flashcat Cloud will also record and keep your relevant information for logging in and using the Services. Unless otherwise agreed between both parties or stipulated by applicable laws, and except for Flashcat Cloud’s affiliated companies, Flashcat Cloud promises not to provide such information to any third party.6.4 Advertising
Flashcat Cloud will conduct comprehensive statistics on Flashcat Cloud users’ identity data and use or disclose such data that does not have any user personal identifiability for sales and reward needs.6.5 External Links
This website may contain links leading to other websites, but Flashcat Cloud does not bear any responsibility for other websites’ privacy protection measures. Flashcat Cloud may add operations of business partners or co-branded websites at any time it deems necessary.6.6 Security
Flashcat Cloud only provides corresponding security measures according to existing technology to prevent the information held by Flashcat Cloud from being lost and from being misused and altered. These security measures include backing up data to other servers and encrypting user passwords. You understand and agree that under the conditions allowed by current industry technology and conditions, Flashcat Cloud will make its best efforts to ensure service continuity and security. However, you should note that Flashcat Cloud cannot guarantee that its provided services are flawless. Therefore, you know and acknowledge that even if there are flaws in the services provided by Flashcat Cloud, if such flaws cannot be avoided at the current industry technology level, they will not be considered as Flashcat Cloud’s breach of contract, and both parties should cooperate friendly to solve problems.6.7 User Information
6.7.1 When completing account registration or activating an account, you should provide Flashcat Cloud with your real name, address, nationality, phone number, and email address. You can also choose to fill in relevant additional information (which may include but is not limited to your company’s province and city, time zone and postal code, fax number, personal homepage, and your position, etc.). When you agree to this Agreement, it means you agree that Flashcat Cloud and its representatives and agents can collect, use and/or disclose and share your personal information for the purpose of operating the Services and/or for the purposes listed in Articles 6.1 to 6.7 of this Agreement, and disclose such personal information to authorized service providers and relevant third parties. 6.7.2 You further acknowledge and recognize that when agreeing to this Agreement or when you submit your personal information to Flashcat Cloud, it means you transfer your data from your country or region to China (for the purposes of this Agreement, excluding Hong Kong, Macau, and Taiwan of China), and such information and data transfer is necessary for performing the agreement concluded between you and Flashcat Cloud and/or providing the services you request.6.8 You further acknowledge and recognize that Flashcat Cloud can:
6.8.1 Push new products/services and customized information to you through **email, phone ** (including voice calls, fax, or messages, if you indicate we can contact you in this way), etc.; 6.8.2 Use your personal information for the purpose of providing enhanced or analytical statistical functions, or use or disclose your personal information for sales or encouragement purposes.6.9 Device Permission Usage Description
6.9.1 To provide you with a better service experience, our application may need to access the following device permissions: Camera Permission:- Purpose of Use: For scanning QR codes for quick login
- Method of Use: The camera permission will only be enabled after your explicit authorization when you actively use related features
- Scope of Use: Limited to the above functional scenarios only, will not be used for other purposes
- You can enable or disable camera permission at any time in your device’s system settings
- Purpose of Use: To ensure you can receive important alert notifications in a timely manner
- Method of Use: The notification permission will be requested when you first use the app, you can choose whether to grant it
- Scope of Use: Used for displaying alert messages and important notifications
- You can manage notification settings at any time in your device’s system settings
- Purpose: To sync Flashduty voice call contacts to prevent you from missing important notifications
- Usage: Only activated with your explicit authorization when you actively use related features
- Scope: Only used for syncing Flashduty contact information, not for any other purposes
- You can manage contacts permission anytime in your device’s system settings
- Purpose of Use: To ensure that the application can normally receive broadcast messages pushed from the client when the application is closed or running in the background, the application needs to use the (auto-start) capability. It will send broadcasts through the system at a certain frequency to wake up the application’s auto-start or associated startup behavior, which is necessary for implementing functions and services. When you open content-type push messages, after obtaining your explicit consent, it will jump to open related content. Without obtaining your consent, there will be no associated startup.
- Method of Use: This permission will be requested when you first install the application, you can choose whether to grant it
- Scope of Use: Used for automatically starting the application after system reboot to ensure timely delivery of alert messages
- You can manage this permission at any time in your device’s system settings
- The above permissions are all optional, and you can decide whether to grant them
- When you choose to deny certain permissions, features that rely on those permissions may not function properly
- You can view and manage the permissions you have granted at any time in your device’s system settings
- Strictly following the “permission minimization” principle, only requesting permissions necessary for business functions
- Dynamically prompting and obtaining your explicit consent before you use related features
- Not enabling or forcing any permissions by default
- Immediately stopping the use of relevant permissions after you revoke authorization
6.10 Third-party SDK Usage Description
6.10.1 To provide you with better services, our application integrates the following third-party SDKs:| Third-party Tool Name | Third-party Name | User Information Collected | Purpose and Usage | Information Collection Method | Privacy Policy Link |
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| Mobile Push-android | Hangzhou Alibaba Cloud Intelligence Technology Co., Ltd. | Device identifier (Android ID), network status information | To implement message push functionality, ensuring you receive important alert notifications in a timely manner | Self-collected by SDK | https://terms.aliyun.com/legal-agreement/terms/suit_bu1_ali_cloud/suit_bu1_ali_cloud202112071754_83380.html |
| Huawei Push SDK | Huawei Software Technologies Co., Ltd. | Application basic information, in-app device identifiers (AAID, Push Token), device hardware information, system basic information and system settings information | 1. Provide push message services; 2. Statistics of Huawei Push SDK interface call success rate | Self-collected by SDK | https://developer.huawei.com/consumer/cn/doc/development/HMSCore-Guides/sdk-data-security-0000001050042177 |
| Honor Push SDK | Shenzhen Honor Software Technology Co., Ltd. | Device information, application basic information (AAID, Token) | For message push on Honor phones | Self-collected by SDK | https://developer.honor.com/cn/docs/11002/guides/sdk-data-security |
| Xiaomi Push SDK | Beijing Xiaomi Mobile Software Co., Ltd. | Device identifier OAID, encrypted Android ID, application information such as application package name, version number and running status | For message push on Xiaomi phones | Self-collected by SDK | https://dev.mi.com/console/doc/detail?pId=1822 |
| OPPO PUSH Client SDK | Guangdong OPPO Mobile Telecommunications Corp., Ltd. | Device identifiers (such as IMEI or OAID, Serial Number, IMSI, User ID, Android ID, Google Advertising ID, phone Region settings, device model, battery level, phone OS version and language), application information (such as APP package name and version number, running status), network information (such as IP or domain connection results, current network type) | For message push on OPPO phones | Self-collected by SDK | https://open.oppomobile.com/new/developmentDoc/info?id=11228 |
| vivo PUSH-SDK | vivo Mobile Communication Co., Ltd. | Application basic information (appid, appkey, application package name, application version number, pushSDK version), in-app device identifiers, device type, system type and version | Provide push message services and statistics of push SDK interface call success rate | Self-collected by SDK | https://dev.vivo.com.cn/documentCenter/doc/366 |
| Meizu Push SDK | Zhuhai Meizu Telecom Equipment Co., Ltd. | Device-related information such as phone brand, phone model, system version, system language, and device identifiers (generating application-independent user identifiers: push ID through related identifiers) | For message push on Meizu phones | Self-collected by SDK | http://open.flyme.cn/docs?id=202 |
| Performance Acceleration Library | Huawei Software Technologies Co., Ltd. | Device information (device model, system version), application information (app version), performance data (CPU usage, memory usage, frame rate) | To improve application performance and user experience | Self-collected by SDK | https://developer.huawei.com/consumer/cn/doc/development/graphics-Guides/sdk-data-security-0000001050700772 |
- The use of these SDKs is necessary for ensuring the normal operation of core application functions
- The information collected by these SDKs is only used for message push services, and we take strict protection measures for your sensitive personal information
- We have signed data protection agreements with these third-party service providers
- These third-party service providers will strictly comply with relevant privacy protection regulations
- Strictly protect your sensitive personal information
- Strictly review the security and privacy protection capabilities of third-party SDKs
- Regularly assess the usage of third-party SDKs
- Timely update and optimize the use of third-party SDKs
- Ensure that information collected by third-party SDKs is properly protected and will not be used for other purposes
7 System Interruption or Failure
When the following circumstances occur, the Flashcat Cloud service system may not operate normally, thus causing you to be unable to use the services and producing corresponding consequences, for which Flashcat Cloud shall not bear any responsibility:
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- During system maintenance downtime;
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- Telecommunications equipment failure causing data transmission to be impossible;
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- System obstacles that prevent business operations due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, etc.;
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- You use Flashcat Cloud services through unauthorized methods, your improper operation, or your computer software, system, hardware, or communication lines fail;
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- Service interruption or delay caused by network security incidents, such as computer viruses, trojans or other malicious programs, hacker attacks;
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- Service interruption or delay caused by others damaging telecommunications/power lines, telecommunications/power departments installing, transforming, maintaining telecommunications networks/power resources, etc.;
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- Service interruption or delay of payment and other services caused by problems on the bank’s side and other reasons; and
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- Other circumstances not due to Flashcat Cloud’s fault, beyond Flashcat Cloud’s control or reasonable foresight.
8 Scope of Responsibility and Limitation of Liability
8.1 Flashcat Cloud only assumes responsibility within the scope of responsibility stated in this Agreement. 8.2 The quality and content of products or services provided by partners of the Services shall be the responsibility of such partners themselves, and any liability arising from products or services provided by partners should also be borne by such partners. 8.3 You acknowledge and recognize that if your use of the Services, violation of the terms of this Agreement, or any actions taken under your account cause any third-party claims, then any legal liability or claims arising therefrom shall and shall only be borne by you personally. If this leads to Flashcat Cloud and its affiliated companies, employees, customers, or partners being subject to liability pursuit or claims from third parties, then you shall be responsible for handling and bear all liability caused thereby. 8.4 You acknowledge and recognize that to the extent permitted by applicable law, even if Flashcat Cloud has been informed of the possibility of such losses in advance, Flashcat Cloud shall not bear any responsibility for any indirect, punitive, special, derivative losses (including but not limited to business losses, revenue losses, profit losses, use of data, goodwill or other economic benefits losses) related to the terms of this Agreement or other relevant agreements and rules or arising from the Services, regardless of how they arise, and whether they are caused by breach of the terms of this Agreement or other relevant agreements and rules (including but not limited to breach of warranty) or by tort. Moreover, even if the exclusive remedies stipulated in the terms of this Agreement or other relevant agreements and rules fail to agreements and rules fail to achieve their basic purpose, Flashcat Cloud shall not bear any responsibility for the above losses. 8.5 In any case, unless otherwise stipulated in this Agreement or separately agreed between Flashcat Cloud and you regarding a specific product and/or service, you agree that the total compensation liability borne by Flashcat Cloud under the terms of this Agreement and other relevant agreements and rules shall not exceed the total service fee charged to you for that particular service.
9 Intellectual Property
9.1 Except for third-party products or services, all content on this website, including but not limited to all content of related products or services, as well as images, logos, files, information, architecture, page design, etc., are legally owned by Flashcat Cloud or Flashcat Cloud affiliated companies for their intellectual property rights, including but not limited to copyright, trademark rights, patent rights, trade secrets, etc. For any behavior infringing upon Flashcat Cloud’s intellectual property rights, Flashcat Cloud has the right to require legal responsibility according to relevant applicable laws and the provisions of this Agreement. 9.2 Without written permission from Flashcat Cloud or Flashcat Cloud affiliated companies, no one may use, modify, copy, distribute, spread, publish or publicly display any part of the products, services, software, programs, information, etc. on this website in any way or for any reason, or bundle them with other products for use or sale, or use them through hyperlinks or transmission or for any other commercial purposes.
10 Confidentiality
10.1 Under this Agreement, for any information received by either party (“Receiving Party”) from the other party (“Disclosing Party”), if marked or can be reasonably considered as confidential or proprietary information of the Disclosing Party (including but not limited to technical, commercial related information, hereinafter referred to as “Confidential Information”), the Receiving Party shall keep it confidential, and without written consent from the Disclosing Party, shall not use it for any purpose outside this Agreement. The Receiving Party shall handle the Disclosing Party’s Confidential Information with the same degree of care as it uses to protect its own confidential information (and not less than reasonable prudent duty). 10.2 Without obtaining your authorization, Flashcat Cloud will not access your content stored in Flashcat Cloud. However, Flashcat Cloud can access your stored content with your prior authorization to ensure you can smoothly use Flashcat Cloud services. 10.3 Despite the above provisions, the Receiving Party does not need to bear confidentiality obligations in the following circumstances:
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- Disclosure is agreed upon by the Disclosing Party;
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- Information disclosure is not due to the Receiving Party’s fault;
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- The Receiving Party knew through other legal channels before the Disclosing Party’s disclosure, and the Disclosing Party is not subject to similar confidentiality restrictions; and
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- The Receiving Party needs to disclose any information due to legal proceedings or requirements from competent authorities.
11 Complete Agreement
11.1 This Agreement consists of these Agreement terms and various rules displayed on this website. If there are different understandings of the meanings of words used in this Agreement and various rules displayed on this website, the terms of this Agreement shall prevail. 11.2 The chapter titles in this Agreement are only set for writing convenience and do not have corresponding legal effect or contractual effect. 11.3 Your understanding and recognition of this Agreement means you understand and recognize the content of all components of this Agreement. Once you choose to use the services under this Agreement, you and Flashcat Cloud are bound by all components of this Agreement. 11.4 If part of the content of this Agreement is determined to be invalid or unenforceable by a court with jurisdiction, it does not affect the validity or enforceability of other content.
12 Notice Delivery
12.1 You understand and recognize that after reasonable judgment, Flashcat Cloud can send notices to you through webpage announcements, emails, SMS, or regular mail delivery, etc., and Flashcat Cloud can presume that the contact information you provide to this website is complete, accurate, and currently valid; the above notices are deemed delivered to the recipient on the date of sending. 12.2 Unless otherwise agreed in the terms of this Agreement or explicitly specified in a special agreement signed between Flashcat Cloud and you, any notice you send to Flashcat Cloud must be delivered through Flashcat Cloud’s officially announced communication address, fax number, email address, and other contact information.
13 Applicable Law and Dispute Resolution
13.1 The signing place of this Agreement is Haidian District, Beijing. 13.2 This Agreement takes effect after you click “Agree to Agreement and Submit” (specific wording detailed on the registration page) on the Flashcat Cloud platform, and unless otherwise agreed by both parties, this Agreement will remain valid during your use of Flashcat Cloud services. 13.3 The effectiveness, interpretation, modification, execution, and dispute resolution of this Agreement are governed by the laws of the People’s Republic of China. Any disputes arising from or related to this Agreement shall be submitted to the People’s Court of Haidian District, Beijing for adjudication.