TENDATA Platform Service Agreement
Updated: January 01, 2023
Welcome to use Tendata’s products and services which are legally owned and operated by Shanghai Tend Information Technologies Co., Ltd. and its affiliates (hereinafter referred to as "Tendata" or "we")!
1. Service Confirmation and Acceptance
The customer understands and acknowledges that all the rights and interests of the Tendata products involved in Tendata, such as the ownership, intellectual property rights and operation rights, belong to Tendata. The services provided must be strictly implemented in accordance with the company's articles of association, terms of service and operating rules issued by it.
2. Service Description
2.1 "Customer" refers to an individual within the territory of the People's Republic of China or
an
organization legally registered within the territory of the People's Republic of China who
registers
and purchases this service and obtains the corresponding management authority, and is
responsible
for setting up customer accounts and performing relevant management activities.
2.2 "End user" refers to the end user of the service, including: customer employees or other
relevant personnel of the customer.
2.3 "Customer content" means that the customer uploads, publishes, submits or sends documents,
calendar information, communication information, email information or any other information and
materials through this service.
2.4 The customer agrees: the terms applicable to the customer in this clause are also applicable
to
the end user, especially the agreed terms of customer obligations, which the end user should
also
abide by, unless the content of the clause does not apply to the end user; the customer is
responsible for The end user's obligation to manage the behavior of using the service shall
ensure
that the behavior of the end user using the service complies with laws and regulations, these
terms
and other relevant provisions.
2.5 Tendata mainly provides customers with services such as digital foreign trade marketing
solutions, localization solutions for brand overseas, and financing solutions for collection and
settlement of foreign exchange.
(1) Foreign trade marketing solutions: market analysis insight, potential customer development,
long-term customer maintenance, KA customer development
(2) Localization solutions for brand overseas: professional team, target market research,
marketing
material planning, overseas business contact
(3) Collection and settlement financing solutions: foreign trade export collection, foreign
trade
import foreign exchange settlement, multi-currency issuance, supply chain financing
Tendata may provide and adjust the type and content of this service according to different
product
functions, customer needs, service changes, etc. The details are subject to the content
published on
the official page of the relevant service, and customers can choose according to their needs. At
the
same time, customers are requested to keep abreast of changes in the content of this service.
Customers understand and accept that Tendata's adjustments to this service may affect the rights
and
interests that customers have enjoyed or are currently enjoying, and agree to use it according
to
the adjusted content.
2.6 The customer understands and acknowledges that when disposing of its own customer
information or
the content provided by others on this service in any way, the customer shall bear the relevant
risks and has nothing to do with Tendata. The customer also agrees that without the express
consent
of the corresponding oblige, the customer shall not use, reproduce, reproduce, disseminate,
play,
display, sell, license or use such content for any purpose without express permission.
2.7 The customer understands and agrees that Tendata mainly provides the above-mentioned
services to
customers (the actual service content shall prevail), and Tendata shall not be responsible for
any
third-party data and information services (such as customs data) that may be included in this
service. responsibility.
2.8 This service may contain links to other online services or resources, which may be provided
by
third-party service providers. Tendata cannot control the customer's use of such third-party
services or resources. Therefore, unless otherwise stipulated in this clause, the customer's use
of
third-party services or resources is bound by the agreement between the customer and the
relevant
third party. Any third-party services or resources are not responsible for the actions. The
existence of such links does not mean that Tendata endorses the legality and safety of these
third-party services or resources.
2.9 During the period of using the service, the customer should ensure that the Tendata account
that
the customer uses to log in to the service remains valid. Tendata reserves the right to place
commercial or non-commercial advertisements or other information on the Service. Tendata will
carry
out advertising business in accordance with the requirements of relevant laws and regulations,
and
customers should carefully judge the authenticity and reliability of advertisements and other
information.
3. Activation, renewal, adjustment and termination of services
3.1 The opening of the service. After the customer completes the relevant operation procedures
in accordance with the activation requirements of Tendata or Tendata authorized agents, Tendata
will activate the service and corresponding permissions (if any) for the customer. If the
customer fails to pay the relevant fees on time, or the domain name of the customer is wrong or
invalid, which leads to the inability to set up the account correctly, the customer or end user
has no right to demand compensation or assume any other responsibility for this.
3.2 Customers who use Tendata's trial service (referred to as "trial service") can apply for a
demo through the online channel (link: https://www.tendata.cn).
3.3 For customers who have successfully opened this service, Tendata will send a renewal
reminder to the customer before the service expires. If the customer does not renew the purchase
before the service expires, the service will be terminated after the service expires. If the
customer does not renew the purchase within 30 natural days after the expiration of the service,
the customer agrees that Tendata has the right to immediately cancel the relevant authorization
of the customer to use the service and delete all data generated by the customer during the use
of the service.
3.4 Tendata has been continuously improving and optimizing this service. Tendata has the right
to adjust the service content, function, and quality according to the actual situation. Services
such as data and information may be updated, modified, or suspended due to the arrangement of
Tendata or the provider. or termination, in this case, the customer understands and acknowledges
that it will not require Tendata to refund the service fee, compensate or assume other
responsibilities.
3.5 Tendata has the right to suspend or terminate this service according to its own business
decisions, government requirements or opinions, force majeure and other reasons. In the event of
such a situation, Tendata has the right to notify the client in a reasonable manner such as an
announcement, and the client understands and acknowledges that Tendata will not require Tendata
to make compensation or assume other responsibilities. However, if the service is terminated due
to Tendata's own reasons, Tendata will refund the service fee that the customer has paid but has
not yet consumed, and provide a reasonable period for the customer to download and migrate the
data generated during the use of this service. The download period expires Afterwards, Tendata
is no longer responsible for saving the aforementioned data.
3.6 Except for the circumstances clearly stipulated by the law, Tendata has the right to
directly handle the refund for the customer without the customer's application.
3.7 Tendata may adjust the price (fee standard) of some or all of the services at any time. If
the customer has purchased the corresponding service, Tendata will notify the customer fifteen
(15) days in advance through web announcements, emails or other reasonable methods. If the
customer does not agree to the price adjustment, he has the right to apply in writing to cancel
the purchase and stop using the corresponding service before the price adjustment takes effect;
if the customer does not apply for cancellation in writing, it is deemed that the customer
accepts the price adjustment and pays according to the adjusted price.
4. Rules of Use
4.1 The customer independently assumes the responsibilities arising from the use of the service
and abides by all laws and regulations applicable to the service.
4.2 When customers use this service and related third-party services, they must not have the
following situations or behaviors:
(1) Violating the Constitution or laws and regulations;
(2) Endangering national security, leaking state secrets, subverting state power, and
undermining national unity;
(3) harming the national honor and interests, harming the public interest;
(4) Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
(5) Undermining the state's religious policy, promoting cults and feudal superstitions;
(6) Spreading rumors, disrupting social order, and undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes;
(8) Insulting or slandering others, infringing upon the legitimate rights and interests of
others;
(9) Using illegal network connection methods to use this service and related third-party
services;
(10) Use this service and related third-party services to publish, disseminate, and sell content
prohibited by Chinese laws and other applicable laws;
(11) Bypassing/undermining the protection and restriction measures of the service to use the
service and related third-party services;
(12) Provide this service and related third-party services to third parties through transfer,
lease, sharing, etc.;
(13) Engaging in other acts prohibited by laws and administrative regulations.
4.3 When using this service, the customer shall not damage or affect the legal rights of
Tendata, nor shall it affect any other party's normal use of the relevant services provided by
Tendata. When using data and information services, customers must not damage the rights of data
and information providers, and must not authorize other entities to use the above-mentioned data
and information services, otherwise the provider has the right to directly remedy the rights of
customers.
4.4 When using this service, customers should ensure the validity of the email addresses used in
this service (including but not limited to sender's address, recipient address, etc.), and
should fully understand that there are relevant restrictions on this service, and agree to
accept the restriction, and the product description on the official website page of this service
shall prevail.
4.5 Commercial emails sent by customers through this service are limited to commercial emails
that have been approved by the recipient, that is, the address of the recipient is from a legal
source, and the content of the email is subscribed by the recipient. Customers are not allowed
to use this service to send unreceived emails. spam with the permission of the sender.
4.6 Customers are not allowed to use this service to engage in the production and dissemination
of computer viruses and other destructive programs that endanger the security of computer
information networks.
4.7 Based on the business situation and the service type selected by the customer, Tendata
configures the background management authority for the administrator designated by the customer,
and the customer can add or delete accounts, set account passwords, etc. by himself. The
behavior of the customer administrator is regarded as the behavior of the customer, and the
consequences and responsibilities of all actions shall be borne by the customer. When performing
administrator duties, customers should abide by laws and regulations, these terms, and various
rules that have been issued by Tendata or may be issued/updated in the future.
4.8 If the customer shares its customer content with other customers of this service, it means
that the customer agrees to grant these customers the unrestricted and free right to use its
customer content (including any intellectual property rights and other related rights), unless
the customer expressly provides to the other party stated such limitations, but such statements
and limitations shall only bind the Customer and the other party. The customer undertakes to
only upload, disseminate, provide and share customer content to or through the service that the
customer is willing and entitled to authorize the above rights.
4.9 For customer content, this service does not provide backup, that is, customers should save
customer content by themselves, and Tendata will not provide backup services. At the same time,
the customer understands and confirms that the customer's deletion of customer content will not
affect other customers' normal use of customer content that has been obtained and saved through
legal channels before.
4.10 Any customer content disseminated or provided does not violate any laws or other relevant
regulations. Customer shall be solely responsible for the legality of Customer Content posted,
submitted or sent through the Service. If Tendata believes that the customer content does not
comply with the provisions of this clause, Tendata has the right to delete the customer's
customer content without prior notice.
4.11 When the customer uploads, disseminates or submits customer content through this service,
it means that the customer confirms that: the customer owns the ownership of the customer
content, or the customer has obtained the permission or authorization of the owner of the
customer content. disseminated or submitted. The customer represents and warrants to Tendata
that the content uploaded, disseminated or submitted by the customer using this service does not
infringe the intellectual property rights and other legal rights of any third party. If Tendata
discovers or any third-party claims to Tendata that there is infringement in the customer
content, the customer agrees that Tendata has the right to independently judge the allegedly
infringing customer content, and can take reasonable measures such as deletion and blocking
without prior notice to the customer. Tendata has the right to disable or terminate accounts
that infringe on the legitimate rights and interests of others and does not need to refund the
fees paid but not yet used for the relevant accounts.
4.12 The client confirms that Tendata has no obligation to pre-review, monitor, review or edit
any content written or published by the client and other clients through the service. The
customer understands and acknowledges that the customer may come into contact with any
offensive, indecent or objectionable content during the use of this service, and the customer
can contact Tendata to report the above content. 13. If the customer believes that the
information, materials and other content uploaded and disseminated by other entities through
this service infringe the legal rights and interests of the customer, please contact Tendata.
The contact information is: emarketing@tendata.cn
5. Modification of Services and Terms
5.1 Tendata has the right to modify this clause by reasonable means such as publishing
announcements on the relevant pages of this service when necessary. When using this service,
customers should check and understand the revised content in a timely manner, and consciously
abide by this clause. If the customer continues to use the service, it is deemed to agree to the
modified content; if the customer does not agree to the modified content, the customer has the
right to stop using the service.
5.2 Except for the circumstances clearly stipulated by the law, Tendata has the right to
directly handle refunds (if any) for customers without the application of customers.
6. Responsibility Statement
6.1 The customer purchases/accepts goods or services provided by a third party other than
Tendata through this service. If any dispute arises, the customer and the third party will
resolve it by themselves, and Tendata will only provide necessary assistance. Customers shall
abide by the terms and regulations of the third-party service agreement, and shall not use
third-party services in fraudulent, illegal or unauthorized ways. Customers should use
third-party services in accordance with relevant national laws and regulations. Tendata shall
not be responsible for the inability to use third-party services due to customer's own reasons,
including network access problems and third-party account application problems. The data,
information and other services contained in this service are only for the convenience of
customers, and are only used for information reference, not as investment advice for Tendata and
data and information providers. Tendata and data and information providers are not responsible
for the accuracy of the service, completeness, and liability for delays, interruptions, and
omissions.
6.2 Tendata shall not be liable for any losses caused by the actions or omissions of third
parties, or losses caused by force majeure, including but not limited to: payment services,
network access services, communication line failures of the telecommunications department,
communication technical problems, network, computer failure, system instability, infringement by
any third party, etc.
6.3 Unless it is caused by Tendata, Tendata will not undertake any obligation to refund the fees
collected.
7. Liability for Breach of Contract
7.1 Customers must abide by all laws applicable to this service when using this service.
Customers must not infringe upon the legal rights and interests of anyone in the process of
using this service, and must not violate these terms, or any information that Tendata has
released or may release/update in the future. Various rules and relevant provisions in laws and
regulations; any illegal activities are prohibited. Customers are not allowed to use this
service and third-party services involved in this service in a fraudulent, illegal or
unauthorized manner, otherwise all responsibilities arising therefrom shall be borne by the
customer independently, and the customer shall be responsible for compensation for any losses
caused by this. At the same time, Tendata will report to and cooperate with relevant
authorities, when necessary, in accordance with national laws and regulations and relevant
policies. Tendata reserves the right to independently judge whether the customer's behavior
complies with the requirements of this clause. If the customer violates the provisions of this
clause, Tendata has the right to take punitive measures, including but not limited to suspending
and terminating this clause without notifying the customer. Services and other measures, and
there is no need to refund any fees paid by the customer.
7.2 No matter what happens, if Tendata has caused losses to the customer due to its fault in the
process of providing this service, the total compensation paid by Tendata to the customer should
not exceed the current service fee paid by the customer to Tendata.
8. Privacy System
Respect for customer privacy is a basic policy of Tendata. Tendata will collect, store, use, disclose and protect customers' personal information in accordance with the privacy policy published on Tendata's website (https://www.tendata.cn/sirius/privacy_waimao/index.html to be changed later). Customers are requested to read the above privacy policy completely to help customers better protect their personal information.
9. Legal and Dispute Resolution
These terms apply the laws of the People's Republic of China, and exclude the application of all conflict of law provisions. In the event of a dispute, the client and Tendata agree to submit the dispute to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its currently effective arbitration rules. The arbitral tribunal shall consist of three arbitrators. The arbitration award is final and binding on both parties, and the arbitration fees shall be borne by the losing party.
10. Statement of Rights
Tendata's failure to exercise, failure to exercise in a timely manner or failure to fully exercise the rights enjoyed by this clause or in accordance with the law shall not be deemed to have waived the right, nor will it affect Tendata's future exercise of the right. If customers have any questions about the contents of this clause, they can contact emarketing@tendata.cn