Flashduty Terms of Service

Last Updated: 2023-02-10

Welcome to sign this "Flashcat Cloud Product Service Agreement" (hereinafter referred to as "this Agreement") with Beijing Flashcat Cloud Technology Co.,Ltd. (hereinafter referred to as "Flashcat Cloud") and use Flashcat Cloud services!

General Terms

1.1. You confirm that before using this service, you have fully read, understood, and accepted all contents of this agreement and other related 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 purchase process or choose to use this service 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 terms of this agreement and other related agreements and rules at any time, and has the right to notify through at least one method such as webpage announcement, email, or message push, without separate notification to you. When using related Flashcat Cloud services, you should pay attention to and comply with all applicable terms, as these terms are closely related to your use of this service. If you choose to continue using this service after the announcement of changes to this agreement's terms or other related agreements and rules, it indicates that you have fully read, understood, and accepted the modified terms and will comply with such modified terms. If you do not agree with such modified terms, you should immediately stop using this service.

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, charging standards, and settlement methods shall be subject to the website descriptions and/or displays 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 information storage space and related technical service provider. The websites, applications, and 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 bear full responsibility. Flashcat Cloud assumes no responsibility for any such products, services, and related content.

Standard Service Terms

1. Contracting Parties and Agreement Scope

This service agreement is a service agreement signed between you and Beijing Flashcat Cloud Technology Co.,Ltd. regarding your use of Flashcat Cloud services.

2. Service Content

In this terms, "Service" refers to: the services displayed on the Flashcat Cloud website http://flashcat.cloud and client (hereinafter referred to individually or collectively as "Flashcat Cloud Website") that you apply to order and Flashcat Cloud agrees to provide to you.

3. Service Fees

3.1. Service fees will be listed and displayed on your order page, and you can choose specific service types and pay according to the listed prices. You can choose prepaid or postpaid services.

3.2. Prepayment:

3.2.1. Flashcat Cloud will start providing services only after you make the payment.

3.2.2. If both parties wish to continue cooperation after the service period expires, you should pay the renewal fee at least 1 day before the service period expires to ensure service continuity.

3.3. Postpayment: You can use the service first and pay later. Please refer to the billing models and standards currently effective on the Flashcat Cloud website pages for specific charging rules.

3.4. Flashcat Cloud reserves the right to not provide services and/or technical support, or terminate services and/or technical support before you pay all fees as agreed. Meanwhile, Flashcat Cloud reserves the right to require you to bear a daily penalty of 0.05% of the overdue amount and pursue other legal responsibilities.

3.5. You fully understand that all complimentary service items or promotional activities in Flashcat Cloud's pricing system are one-time special offers beyond normal service prices, and complimentary service items or promotional activities cannot be converted into cash or offset service prices.

4. Your Rights and Obligations

4.1. After successfully ordering the service, you have the right to request Flashcat Cloud to provide services according to this service agreement and the service descriptions, technical specifications, and other content displayed on relevant pages of the Flashcat Cloud website.

4.2. After ordering Flashcat Cloud's services, you can enjoy free after-sales service. Besides this, Flashcat Cloud provides other paid technical services.

4.3. You should pay corresponding service fees as prompted on Flashcat Cloud's website pages and as agreed in this service agreement.

4.4. You are responsible for the integrity and confidentiality of your data stored on the Flashcat Cloud platform and the keys entering and managing the Flashcat Cloud console. You shall bear all losses and consequences caused by improper maintenance or confidentiality resulting in the loss or leakage of such data and keys.

4.5. You should carefully read and comply with the relevant service descriptions, technical specifications, usage processes, operation documents, and other content displayed on Flashcat Cloud's website pages (hereinafter referred to as "operation guidelines") and operate according to these guidelines. You will bear the consequences of violating relevant operation guidelines; meanwhile, Flashcat Cloud seriously reminds you to be cautious with risk operations.

5. Flashcat Cloud's Rights and Obligations

5.1. Flashcat Cloud shall provide services as agreed.

5.2. During the service period, Flashcat Cloud will provide you with the following after-sales services:

5.2.1. Flashcat Cloud will provide 7×8 hours email consultation service to answer your questions during use;

5.2.2. Flashcat Cloud will provide fault support services, and you should report faults via email; Flashcat Cloud will promptly provide support for faults that occur not due to your human operation, excluding those caused by your human factors and/or force majeure, and other matters beyond Flashcat Cloud's control.

5.3. You can also obtain other paid after-sales services through Flashcat Cloud, specifically detailed on relevant pages of Flashcat Cloud's website regarding paid after-sales service content.

5.4. You should understand and agree that during public beta testing, invitation testing, or other free trial (use) service periods or within free service quotas, although Flashcat Cloud will provide support for service availability and reliability, it will not make any commitments regarding service availability or reliability, nor will Flashcat Cloud be responsible for your work or results from using or being unable to use Flashcat Cloud services. Flashcat Cloud reserves the possibility of charging fees for such free services in the future, and will notify you separately before charging service fees.

6. User Business Data

6.1. Flashcat Cloud understands and acknowledges that the data you process, store, upload, download, distribute, and handle in other ways through the services provided by Flashcat Cloud are your user business data, and you fully own your user business data.

6.2. Regarding user business data, Flashcat Cloud will not make any unauthorized use or disclosure except for executing your service requirements; however, the following circumstances are excluded:

6.2.1. When national relevant authorities legally inquire about or access user business data, Flashcat Cloud has the obligation to provide cooperation according to relevant laws, regulations, or policy documents, and disclose to third parties or administrative, judicial, and other institutions;

6.2.2. You and Flashcat Cloud reach a separate agreement.

6.3. You can perform operations such as deletion and modification of your user business data. If you release the service or delete data, Flashcat Cloud will delete your data and no longer retain such data according to your instructions. You should be cautious with operations such as data deletion and modification.

6.4. When the service period expires, the service terminates early (including early termination by mutual agreement, early termination due to other reasons, etc.), or you have overdue payments, unless explicitly stipulated by laws and regulations, required by competent authorities, or otherwise agreed by both parties, Flashcat Cloud will only continue to store your user business data within a certain buffer period (subject to the time limit specified in the proprietary terms, product documentation, service descriptions, etc. applicable to the service you ordered). After the buffer period expires, Flashcat Cloud will delete all user business data, including all cached or backup copies, and will no longer retain any of your user business data.

6.5. Once user business data is deleted, it cannot be recovered; you shall bear the consequences and responsibilities caused by such data deletion, and you understand and agree that Flashcat Cloud has no obligation to continue retaining, exporting, or returning user business data.

6.6. According to the agreement between you and Flashcat Cloud, Flashcat Cloud stores user business data in your selected data center. Flashcat Cloud adheres to its security commitments to users and protects user data stored in Flashcat Cloud data centers in accordance with applicable laws.

7. Intellectual Property Rights

7.1. The intellectual property rights of any materials, technology or technical support, software, services, etc. provided by one party to the other party under this agreement belong to the providing party or its legitimate rights holders; except with the express consent of the provider or legitimate rights holders, the other party has no right to copy, disseminate, transfer, license, or provide others to use the above intellectual achievements, otherwise, it shall bear corresponding responsibilities.

7.2. You shall guarantee that the materials submitted to Flashcat Cloud, the use of Flashcat Cloud services, and the results generated from using Flashcat Cloud services do not infringe any legitimate rights of any third party. Flashcat Cloud shall guarantee that the services provided to you do not infringe any legitimate rights of any third party.

7.3. If a third-party organization or individual questions or complains about the intellectual property rights ownership of relevant materials involved in your use of Flashcat Cloud services, or questions or complains about the intellectual property rights ownership of the Flashcat Cloud services you use, both you and Flashcat Cloud have the responsibility to provide relevant intellectual property rights certification materials and cooperate with each other's relevant complaint handling work. For claims, lawsuits, or possible lawsuits arising therefrom, the breaching party shall be responsible for resolution, bear costs and losses, and indemnify the other party.

8. Confidentiality Clause

8.1. Under this agreement, for any information received by either party ("Receiving Party") from the other party ("Disclosing Party"), if marked or reasonably considered to be confidential or proprietary information of the Disclosing Party (including but not limited to technical and commercial information, hereinafter referred to as "Confidential Information"), the Receiving Party shall keep it confidential and shall not use it for any purpose outside this agreement without the written consent of the Disclosing Party. 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 no less than reasonable prudent duty).

8.2. Without your authorization, Flashcat Cloud will not access your content stored in Flashcat Cloud. However, Flashcat Cloud may access your stored content with your prior authorization to ensure your smooth use of Flashcat Cloud services.

8.3. Notwithstanding the above provisions, the Receiving Party shall not be bound by confidentiality obligations in the following circumstances:

8.3.1. Disclosure with the consent of the Disclosing Party;

8.3.2. Information disclosure not caused by the Receiving Party's fault;

8.3.3. Information already known to the Receiving Party through other legal channels before disclosure by the Disclosing Party, and the Disclosing Party is not subject to similar confidentiality restrictions; and

8.3.4. Information that the Receiving Party needs to disclose due to legal proceedings or requirements of competent authorities.

8.4. Both parties' confidentiality obligations shall remain valid during the effective period of this agreement and after its expiration, until the relevant information no longer has confidential significance.

9. Service Activation, Termination, and Changes

9.1. Prepaid services:

9.1.1. Service is activated after your payment;

9.1.2. For services sold in fixed terms such as annual or monthly packages, the service period lasts until the expiration of the purchased term;

9.2. Postpaid services:

Unless otherwise agreed or you have unsettled payments due, you can use Flashcat Cloud's services as soon as you activate the service; you should ensure your account balance is sufficient to continue using the service until legal provisions or this service agreement's termination conditions occur.

9.3. The service period shall terminate early in any of the following circumstances:

9.3.1. Early termination by mutual agreement;

9.3.2. If you seriously violate this agreement (including serious violations of relevant laws and regulations, or serious violations of any commitment content under this agreement), Flashcat Cloud has the right to terminate the service early until all your data is cleared;

9.3.3. Flashcat Cloud may terminate this service agreement by giving 30 days' advance notice on the Flashcat Cloud website or by sending you website internal notification or written notice; at that time, Flashcat Cloud shall refund any prepaid but unused funds to your Flashcat Cloud account.

9.4. You understand and acknowledge that for technical upgrades, service system upgrades, or due to business strategy adjustments or to comply with major national technical or regulatory policy changes, Flashcat Cloud does not guarantee permanent provision of certain services and reserves the right to change the form, specifications, or other aspects of the services provided (such as service prices and billing models). Before terminating such services or making such changes, Flashcat Cloud will make best efforts to provide advance notice through one or more methods such as website announcements, internal messages, emails, or SMS.

10. Breach of Contract Liability

10.1. If you violate any content of the commitments, warranties, service usage rules, or obligations in this agreement, or if Flashcat Cloud determines based on its judgment that your usage behavior is abnormal, Flashcat Cloud has the right to take one or more of the following measures independently based on the circumstances: (1) restrict or suspend service use; (2) terminate service provision and terminate this agreement; (3) pursue your legal liability; (4) other handling measures deemed appropriate by Flashcat Cloud. Any user losses caused by Flashcat Cloud taking measures such as service suspension or termination in accordance with the aforementioned provisions shall be borne by you.

10.2. If you violate relevant laws and regulations or the provisions of this agreement and related rules, causing Flashcat Cloud to suffer any losses, receive claims from other users or any third party, or receive penalties from any administrative department, you shall fully compensate Flashcat Cloud, other users, or relevant third parties for actual losses, including reasonable attorney fees.

10.3. You understand and agree that, given the special nature of computers and the Internet, the following situations do not constitute a breach by Flashcat Cloud:

10.3.1. Flashcat Cloud needs to briefly interrupt services when performing system and server configuration, maintenance, and upgrades;

10.3.2. Your website access speed decreases due to Internet pathway blockages.

10.4. If you cannot use the service normally for 72 consecutive hours due to Flashcat Cloud's reasons, you may terminate the service, except for reasons beyond Flashcat Cloud's control.

10.5. Under no circumstances shall Flashcat Cloud be liable for any indirect, consequential, punitive, incidental, or special damages, including loss of profits suffered by you while using Flashcat Cloud services (even if you have been advised of the possibility of such losses).

10.6. To the extent permitted by law, Flashcat Cloud's liability for damages under this agreement shall not exceed the total service fees paid for the service over the past 12 months.

11. Notices

11.1. You understand and acknowledge that, upon reasonable judgment, Flashcat Cloud may send notices to you through website announcements, emails, SMS, or regular mail, and Flashcat Cloud can assume that the contact information you provided to this website is complete, accurate, and currently valid; such notices shall be deemed delivered to the recipient on the date of sending.

11.2. Unless otherwise stipulated in this agreement's terms or explicitly specified in a separate agreement signed between Flashcat Cloud and you regarding notification methods, any notice you send to Flashcat Cloud must be delivered through Flashcat Cloud's officially announced contact information, including communication addresses, fax numbers, email addresses, and other contact details.

12. Force Majeure

12.1. If force majeure or other unexpected events make the performance of these service terms impossible, unnecessary, or meaningless, the party experiencing force majeure or unexpected events shall not bear responsibility.

12.2. Force majeure and unexpected events refer to unforeseeable, insurmountable, and unavoidable objective events that have a significant impact on one or both parties, including natural disasters such as floods, earthquakes, epidemics, as well as social events such as war, civil unrest, government actions, telecommunications backbone line interruption, hacker attacks, network congestion, technical adjustments by telecommunications departments, and government regulation.

13. Applicable Law and Dispute Resolution

13.1. The signing location 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 shall be 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.

Terms of Service

General Terms#

Standard Service Terms#

1. Contracting Parties and Agreement Scope#

2. Service Content#

3. Service Fees#

4. Your Rights and Obligations#

5. Flashcat Cloud's Rights and Obligations#

6. User Business Data#

7. Intellectual Property Rights#

8. Confidentiality Clause#

9. Service Activation, Termination, and Changes#

10. Breach of Contract Liability#

11. Notices#

12. Force Majeure#

13. Applicable Law and Dispute Resolution#