I. General Provisions
1.1 This FinDocx AI Open Platform Developer Service Agreement (hereinafter referred to as "this Agreement") is a valid contract between Yuanli Jinzhi (Beijing) Technology Co., Ltd. (hereinafter referred to as "Yuanli Jinzhi") and all the entities (including but not limited to natural persons, legal persons or other organizations) (hereinafter referred to as "Developer") that use the development service of the FinDocx AI Open Platform (hereinafter referred to as "this Service") with respect to the Developer's use of the service of the FinDocx AI Open Platform.
1.2 This Agreement applies to all the services provided by the FinDocx AI Open Platform, including upgrades and updates to various products and services used by the Developer, unless otherwise expressly provided for in a single product or service. This Agreement is comprised of the body text of the Agreement and the individual technical service rules for each channel released or to be released by the FinDocx AI Open Platform, including the billing strategy. The rules of the FinDocx AI Open Platform constitute an integral part of this Agreement and have the same legal force effect as the body text of the Agreement.
1.3 The Developer acknowledges that it has carefully read and fully understood the contents of all the clauses (including Data Processing Agreement in 《Data Processing Agreement》, hereinafter referred to as "DPA"), particularly, the clauses regarding exemption or limitation of liability, as well as the separate agreements, technical documents etc. for activating or using a certain service, and must choose to accept or reject these clauses before using the service of the FinDocx AI Open Platform. By using the service of the FinDocx AI Open Platform, the Developer accepts all the terms of this Agreement and relevant agreements. By logging into and using any service provided by the FinDocx AI Open Platform, the Developer has read and agreed to be bound by this Agreement. The Developer which disagrees with the provisions of this Agreement shall immediately discontinue the application for authorization or stop using this Service.
1.4 The Developer who is under 18 years of age is required to read this Agreement in the presence of his/her legal guardian and pay special attention to the clauses governing the use by minors.
II. Terms and Definitions
Unless otherwise stated, the following terms as used herein shall have the following meanings:
2.1 Developer: means an individual, legal person or other organization which, upon valid registration and application, provides the users with various services by connecting the interfaces to various applications, websites, etc. (hereinafter collectively referred to as "Developer Product”) which it develops, creates or is legally authorized to operate in its own name and for which it is legally responsible to the FinDocx AI Open Platform.
2.2 Application: means an application which the Developer develops and creates in its own name, has the legal right to operate and operates, and for which the Developer is solely and legally responsible. Such Application is available for registration and login through and acquires services from the FinDocx AI Open Platform.
2.3 FinDocx AI Open Platform (hereinafter referred to as "Open Platform") means the website service provided by the operator of yljz.com, including web API service. Yuanli Jinzhi and the Developer agree and understand that:
2.3.1 Yuanli Jinzhi is a neutral platform service provider, which, under this Agreement, only provides the Developer with open interfaces for development service or relevant neutral technical support services. It has the right to select the developers that use this Service based on the factors such as orderly operation and healthy development of the FinDocx AI Open Platform.
2.3.2 The Developer develops in its own name, has the legal right to operate and is solely and fully responsible for the applications and websites of the Developer. Yuanli Jinzhi will not participate in any activities such as research, development and operation of the Developer Product, nor will Yuanli Jinzhi will modify, edit or adjust the Developer Product in any way;
2.3.3 The Developer shall be solely responsible for and indemnify the losses from any disputes and liabilities arising from the products and services of the Developer, as well as any consequences caused by the violation of relevant laws and regulations or the provisions hereof by the Developer, and Yuanli Jinzhi shall not be held responsible therefor. The Developer shall be fully responsible for and compensate for all the losses arising from any infringement of the rights and interests of Yuanli Jinzhi or others.
2.4 User Data: means all necessary information (including but not limited to email address and mobile phone number) submitted by the Developer during its registration with the Open Platform and enterprise certification, and the data of its users submitted by the Developer during its use of the service of the Open Platform, including but not limited to pictures, audios, videos and documents.
III. Rights and Obligations of the Developer
3.1 Account registration
3.1.1 The Developer shall register a developer account (hereinafter referred to as "Account") with the email address/mobile phone number/WeChat ID by logging in to the website of the Open Platform or any other designated channel of Yuanli Jinzhi. Once the Account of the Developer is successfully registered, the email address used cannot be changed, and the Account cannot be transferred, donated, or inherited.
3.1.2 During the registration of an Account, the Developer shall use an email address/mobile phone number/WeChat ID that it has the legal right to use subject to relevant agreements, rules, etc.
3.1.3 To ensure the legality and security of this Service, the Developer shall not use the Account of the Developer for other purposes in violation of this Agreement, including but not limited to using the Account of the Developer to apply for this Service for any third-party application. Otherwise, Yuanli Jinzhi has the right to unilaterally restrict, suspend or terminate this Service to the Developer and/or the Developer Product at any time, and the Developer and/or the Developer Product may not use this Service again without the consent of Yuanli Jinzhi.
3.1.4 The email address/mobile phone number/WeChat ID used by the Developer to register the Account is the credential for the Developer to log in to and use this Service. The Developer shall take appropriate measures to maintain the confidentiality of the passwords and ciphers of various products and services. The Developer shall bear all the losses and consequences caused by the loss or leakage of the foregoing passwords and ciphers due to improper confidentiality measures or other actions taken by the Developer.
3.1.5 The Developer warrants that: The email address/mobile phone number/WeChat ID used by the Developer to register the Account for this Service is legal. The matters taken through all the above email addresses/mobile phone numbers/WeChat IDs in this Service, including but not limited to registering an Account for this Service, submitting relevant qualifications, confirming and agreeing to relevant agreements and rules, selecting the specific service category and settling the fees, are performed by or on behalf of the Developer, and are binding on the Developer. The Developer shall also be legally responsible for all the actions marked with the foregoing email addresses.
3.1.6 If the Developer discovers any fraudulent use or misuse of the Account and password of the Developer by others or any other situation occurring without the legal authorization of the Developer, the Developer shall immediately give a notice of the same to Yuanli Jinzhi in an effective manner (including but not limited to presenting the identity information and relevant identity materials of the Developer, relevant facts and requests of the Developer). After receiving a valid request from and verifying the identity of the Developer, Yuanli Jinzhi will take actions, as appropriate. If Yuanli Jinzhi fails to verify the identity of the Developer or judge the demands of the Developer due to the incomplete information provided by the Developer, causing Yuanli Jinzhi's failure to take appropriate measures in a timely manner, the Developer shall be solely responsible for the losses arising therefrom. At the same time, a reasonable period of time is required for Yuanli Jinzhi to take the measures requested by the Developer. Yuanli Jinzhi will not be responsible for any losses caused to the Developer by the actions of others before the Developer gives a notice to Yuanli Jinzhi and Yuanli Jinzhi takes the measures based on the valid notice of the Developer.
3.1.7 The Developer understands and agrees that in order to protect the data security of the Developer and its users and prevent the user information from leakage, damage, tampering or loss, Yuanli Jinzhi has the right to conduct an access review on the information system accessed by the Developer, including but not limited to technical level review, security level review and subject qualification review, and propose the measures for anti-intrusion, anti-virus and otherwise to the Developer based on the review results. If the information system of the Developer still fails to meet the requirements for the protection of the security of the User Data, Yuanli Jinzhi has the right to withhold or terminate this Service.
3.2 Qualifications
3.2.1 The Developer warrants that: The Developer shall truthfully fill in and submit the account registration and certification information, and shall be responsible for the authenticity, legality, accuracy and validity of such information; the Developer shall have the appropriate legal qualifications to use this Service, access and operate the Application or provide relevant services, or have been reviewed and approved by the competent government departments; the subject qualifications, relevant qualifications or certificates and any other documents provided by the Developer shall be true, accurate and complete, and be updated in a timely manner in case of any changes to the information; the Developer shall be able to perform the obligations and various behaviors hereunder; the performance of relevant obligations and engagement in relevant behaviors by the Developer shall not violate any legal documents binding on the Developer; the Developer has not been included in the sanctions or entity lists published and updated from time to time by the Office of Foreign Assets Control of the US Department of the Treasury and the Bureau of Industry and Security of the U.S. Department of Commerce. In addition, the Developer has not been included in the sanctions or entity lists published and updated from time to time by any government or other competent authorities of China, the European Union, Japan and other regions and organizations. Otherwise, Yuanli Jinzhi has the right to withhold or terminate this Service and impose a punishment over the violating Account in accordance with this Agreement, and the Developer shall bear all responsibilities arising therefrom and all losses caused to third parties and Yuanli Jinzhi.
3.2.2 The Developer warrants that: The Developer shall submit true and accurate subject qualifications that are signed and confirmed by the Developer, as well as name, address, email address and other relevant information of the contact person required for the use of this Service in accordance with the law and the requirements of Yuanli Jinzhi.
3.2.3 The Developer warrants that: It has obtained relevant legal qualifications or acquired the license or approval from the competent department for the services provided through the Application of the Developer on the Open Platform, and will submit relevant qualifications or certification documents to Yuanli Jinzhi.
3.2.4 The Developer warrants that: The services provided through the Application of the Developer on the Open Platform are in compliance with relevant national regulations, remain consistent with any relevant regulations, agreements and rules, and will not infringe on the legitimate rights and interests of any person, and that the Developer will provide the certification documents in connection with copyrights and patent rights by law, by contract or as required by Yuanli Jinzhi.
3.3 Paid services
3.3.1 Some services of the FinDocx AI Open Platform are provided on a paid basis. The Developer which uses paid services is required to abide by the special rules involved.
3.3.2 Yuanli Jinzhi may modify and change the rates and charging methods of the paid services when necessary, and may also commence charging for some free services. Yuanli Jinzhi will post a notification or announcement on the appropriate service page before such modification or change is made or a charge is commenced. The Developer which disagrees with the above modification, change or paid content shall stop using this Service.
3.3.3 Before using this Service, the Developer must top up its Account where necessary for its use, and the balance in the Account after top-up, including but not limited to the top-up balance and the gifted balance, can only be used and is non-refundable.
3.3.4 Before using this Service, the Developer must purchase the service where necessary for its use and the purchased service, including but not limited to Web API service, can only be used and no refund is available therefor.
3.4 Requirements for developer product
3.4.1 The Developer shall be solely responsible for the creation, development, editing, processing, modification, testing, operation and maintenance of the Developer Product and shall bear the costs of the product.
3.4.2 The Developer Product shall be in compliance with relevant regulations, technical specifications or standards, and shall also meet the unified requirements of the Open Platform on the products accessed in terms of technology, security, etc., to ensure that the Application can operate safely and stably on the Open Platform.
3.4.3 No change of any form shall be made to the use of the APIs related to this Service by the Developer Product. Otherwise, Yuanli Jinzhi has the right to suspend or terminate this Service to the Developer at any time.
3.4.4 During the operation of the Developer Product on the Open Platform, the Developer must provide timely and effective customer services to the users, by, without limitation, announcing the user service channels for the Developer Product in a clear and reasonable manner and providing the email address/phone number, at its own cost.
3.4.5 The Developer shall specify the complaint channels (such as email address, phone number or online channels) to relevant right holders in its products to ensure that the right holders can assert their rights against the Developer when they believe that the Developer has infringed on their legitimate rights and interests.
3.4.6 The product of the Developer for which the use of this Service is applied shall be the Application which the Developer develops, creates or is legally authorized to operate and for which the Developer is solely and legally responsible, and the Developer may not apply for or use this Service on behalf of any third party through its Account. Otherwise, Yuanli Jinzhi has the right to unilaterally restrict, suspend or terminate this Service to the Developer and/or the product registered by the Developer at any time, and the Developer and/or the Developer Product may not use this Service again without the consent of Yuanli Jinzhi.
3.4.7 To enable the user of the Developer Product to correctly identify, distinguish and differentiate the Developer Product, and to protect the user’s right to be informed and right of choice and the legitimate rights and interests of third parties, the name of the Developer Product should be relevant to the Developer Product, without infringing upon the legitimate rights and interests of others in any form. Only one product name can be used for each product. The Developer shall submit true, accurate and complete product information to Yuanli Jinzhi, including but not limited to domain names, links and accounts and fields allocated by other third parties. Yuanli Jinzhi has the right to extract, analyze, evaluate and compare such information to provide the basis for verification and judgment of the authenticity, legality and security of the product concerned.
3.5 Operation of developer product
3.5.1 The Developer shall operate its products, fulfill relevant obligations and bear all the responsibilities in accordance with relevant regulations, including but not limited to:
3.5.1.1 Keeping the appropriate log records of access and use in accordance with relevant laws and regulations (including complying with the requirements on the minimum period for retention of these logs);
3.5.1.2 Rendering active cooperation in presenting relevant information in case of inquiry by the national authority from the Developer in accordance with the law;
3.5.1.3 Actively performing other obligations as required by the law.
3.5.2 The Developer warrants that:
3.5.2.1 User authorization: If Yuanli Jinzhi needs to process the personal information of any user of the Developer in connection with the use of the service of the Open Platform, the Developer is required to ensure that the Developer has obtained the following authorization from its user before delivering the user information to Yuanli Jinzhi through the API: (1) The Developer has the right to collect the information about the user, including but not limited to original pictures, audios, videos and documents, and to submit the above information to Yuanli Jinzhi through the API interface of the Open Platform; (2) Yuanli Jinzhi has the right to obtain the above information from the Developer, and return the processing results to the Developer through the API interface after processing according to the service selected by the Developer; (3) Yuanli Jinzhi has the right to save the User Data and use it for the purpose of internal research of Yuanli Jinzhi and its affiliates, mainly to improve the accuracy of document recognition, upgrade the algorithms and improve our products and services.
3.5.2.2 The Developer warrants that: Before using this Service, the Developer has fully explained to the right holder of the data the purpose, scope and method of collecting and using the data and information in accordance with relevant laws and regulations, on the premise of legality, legitimacy and necessity, and has obtained the explicit consent and authorization from the right holder. Without the above consent and authorization, the Developer shall not use the technology of Yuanli Jinzhi to process image information. Otherwise, the Developer shall bear all the responsibilities resulting therefrom.
3.5.2.3 The Developer shall be obliged to provide Yuanli Jinzhi with relevant documents, demonstrating that the Developer has obtained the authorization and consent subject to Articles 3.5.2.1 and 3.5.2.2, as required by Yuanli Jinzhi from time to time, for review and confirmation by Yuanli Jinzhi; and shall be responsible for any loss to Yuanli Jinzhi arising from the Developer’s violation of the above warranty, including but not limited to compensating Yuanli Jinzhi for any loss suffered thereby.
3.5.2.4 The Developer Product and relevant services provided to the user by the Developer and other relevant information and content published by the Developer shall not be in violation of the provisions of relevant laws, regulations and policies and this Agreement or relevant agreements and rules, nor shall them infringe upon the legitimate rights and interests of any person;
3.5.2.5 The Developer shall be solely responsible for managing and reviewing the contents (including but not limited to facial photo and body photo submitted by the user) submitted by the user in the Developer Product through the product services to ensure that they are not contradictory to relevant laws, regulations, policies, public orders and good customs. Otherwise, the Developer shall promptly take effective measures like deletion or disconnection;
3.5.2.6 The product should be designed with importance attached to user experience and respect shown to the user's right to be informed and right of choice, and the product services should be provided in good faith without misleading, defrauding or confusing the user to respect the user privacy and avoid harassing the user or creating spams.
3.5.3 Guideline on content use:The Developer shall not take any actions that are against the laws and regulations, or facilitate the following actions that are in violation of the regulations:
3.5.3.1 Publishing, transmitting, disseminating or storing the content that violates the national laws, endangers national security and unity, social stability, public orders, good customs and social morals, or is insulting, defamatory, obscene or violent, or other information that violates the laws, regulations, policies, public orders, good customs and social morals, or interferes with the normal operation of the Open Platform and infringes on the legitimate rights and interests of other users or third parties;
3.5.3.2 Infringing on the privacy and personal information protection rights of others;
3.5.3.3 Opposing the basic principles established by the Constitution;
3.5.3.4 Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
3.5.3.5 Damaging national honor and interests;
3.5.3.6 Inciting ethnic hatred and ethnic discrimination, and undermining ethnic unity;
3.5.3.7 Undermining the religious policies of the state and promoting cults and feudal superstitions;
3.5.3.8 Spreading rumors, disrupting social order, and undermining social stability;
3.5.3.9 Spreading obscenity, pornography, gambling, violence, murder or terror, or abetting crime;
3.5.3.10 Insulting or slandering others, or infringing upon the legitimate rights and interests of others;
3.5.3.11 Infringing upon the intellectual property rights, trade secrets and other legitimate rights of others;
3.5.3.12 Maliciously fabricating facts or concealing the truth to mislead or deceive others;
3.5.3.13 Publishing, transmitting or disseminating advertising information and junk information;
3.5.3.14 Other acts prohibited by laws and regulations.
3.5.4 Guideline on service use: The Developer shall not engage in the actions, including but not limited to the following, or facilitate the following actions (including but not limited to facilitating the actions by the user of the Developer):
3.5.4.1 The Developer may only use the products/services of Yuanli Jinzhi for civil purposes, and under no circumstances shall such products/services be used in any way for any military purpose other than the civil purpose or for any illegal purpose that is listed in the country in which the Developer is located or the Developer Product is used, including but not limited to being used for nuclear weapons, biological and chemical weapons, missiles, terrorist activities, or infringement of civil rights.
3.5.4.2 The Developer shall be subject to the constraint and oversight carried out according to all the laws, regulations and policies of the foreign entities whose operations are monitored by the US, EU and/or other government agencies during its use of any product/service in overseas countries. It is prohibited to resell, export or transfer any of Yuanli Jinzhi’s products/services or any products developed with the products/services of Yuanli Jinzhi to certain countries and certain persons. The Developer may not directly or indirectly export any of Yuanli Jinzhi’s products/services or any technology embodying any product of Yuanli Jinzhi without first obtaining all necessary approvals from Yuanli Jinzhi and appropriate government authorities.
3.5.4.3 Deleting, concealing or changing any patent, copyright, trademark or other proprietary notice displayed on or contained in the Open Platform;
3.5.4.4 Interfering with or attempting to interfere with in any way the normal operation of any product of Yuanli Jinzhi or any part or function thereof, or producing, publishing or disseminating the above tools and methods;
3.5.4.5 Avoiding or attempting or purporting to avoid any content protection mechanism, or causing the users to believe that they are directly interacting with the FinDocx AI Open Platform and relevant products of Yuanli Jinzhi;
3.5.4.6 Using or applying for the use of the URL addresses, technical interfaces, etc. of Yuanli Jinzhi for third-party products in any way without the written permission of Yuanli Jinzhi;
3.5.4.7 Requesting, collecting, soliciting or otherwise obtaining the user’s login account, password or any other authentication credentials for the service of Yuanli Jinzhi from any other user without the consent of the user;
3.5.4.8 Automatically redirecting the browser window to any other web page;
3.5.4.9 Obtaining access to the products or services of Yuanli Jinzhi without authorization;
3.5.4.10 Incorporating any computer viruses, Trojans or other malicious programs, or any content that may endanger the rights and interests of Yuanli Jinzhi or the user and the security of terminal information in the Application;
3.5.4.11 Setting up or publishing any function or content that violates relevant laws, regulations, public orders, good customs and social morals;
3.5.4.12 Publicly expressing or implying that a cooperative relationship exists between the Developer and Yuanli Jinzhi, including but not limited to mutual shareholding, business dealings or cooperative relationship, or claiming that the Developer has been approved by Yuanli Jinzhi;
3.5.4.13 Filling in and submitting the account registration and developer certification materials in violation of the provisions hereof, or submitting the developer certification materials that are inconsistent with the registration information, and carrying out operations that are irrelevant to the identity disclosed in the registration or developer certification information;
3.5.4.14 Reverse engineering, disassembling or decompiling the technical materials in this Service of Yuanli Jinzhi or otherwise attempting to discover the source code of this Service.
3.5.4.15 Using the Open Platform to mislead or deceive others;
3.5.4.16 Disrupting the normal operation of the Open Platform and intentionally spreading computer viruses and other destructive programs;
3.5.4.17 Using the Open Platform to transmit or otherwise distribute the files containing images, photos, software or other materials protected by intellectual property laws, including, by way of example (but not limited to): copyright, trademark right, right of portrait, right of privacy or right of publicity, unless the Developer owns or controls the corresponding rights or has obtained the necessary approval from the intellectual property owner;
3.5.4.18 Using false information to defraud of account registration or submitting account profile pictures, personal profiles and other registration materials that contain illegal and negative information;
3.5.4.19 Sharing the user account of the Developer with others, or assisting others in any way to crawl the content on the Open Platform through crawlers, spiders, etc.;
3.5.4.20 Using this Open Platform and other services provided by Yuanli Jinzhi in any illegal manner, for any illegal purpose, or in any manner inconsistent with this Agreement;
3.5.4.21 Other behaviors or contents that Yuanli Jinzhi deems unadvisable or inappropriate.
3.5.4.22 If the Developer violates any of the above provisions, Yuanli Jinzhi has the right to take measures including deleting the infringing content, imposing a punishment over the violating Account, and terminating, suspending and restricting the functions of the Open Platform, as a whole or in part, at any time without notice. The Developer which discovers that any person has violated the provisions of this Agreement or used the Open Platform in an improper manner is required to file a complaint with Yuanli Jinzhi immediately, and Yuanli Jinzhi will handle the matter in accordance with the law.
3.5.5 Third-party software or technology may be used in this Service. If used, Yuanli Jinzhi warrants that it has obtained the legal authorization therefor, and Yuanli Jinzhi will display relevant agreements or other documents as required or agreed. Relevant agreements or other documents presented in various forms, as mentioned in the foregoing, constitute an integral part of and have the same legal force and effect with this Agreement, and shall be binding on the Developer. Otherwise, the Developer shall bear all the responsibilities arising therefrom. Any disputes arising from the third-party software or technology used in this Service shall be resolved by the third party.
3.5.6 The Developer understands and agrees that the Developer shall be solely responsible for any claims, demands or losses asserted by a third party arising from the Developer’s violation of the provisions of this Agreement, and the Developer shall compensate Yuanli Jinzhi for any losses arising therefrom.
3.6 Scope of license to the service
3.6.1 Yuanli Jinzhi grants the Developer a revocable, non-sublicensable, non-transferable and non-exclusive license to use the service of the Open Platform.
3.6.2 All other rights not expressly granted herein shall remain reserved by Yuanli Jinzhi. The Developer shall obtain the written permission of Yuanli Jinzhi to exercise these rights. No failure of Yuanli Jinzhi to exercise any of the foregoing rights constitutes a waiver of such rights.
3.6.3 The service of the FinDocx AI Open Platform provided by Yuanli Jinzhi to the Developer will be provided on an "as is" basis. Yuanli Jinzhi makes no warranty as to any marketability, security or fitness for a particular purpose or use of the products developed by the Developer with or based on this Service.
3.7 Rules regarding User Data
3.7.1 Relevant terms of the Data Processing Agreement (DPA) shall fully apply to the processing of the User Data (including any personal information) involved in this Service. The terms of the DPA shall be subject to the text of the agreement published on the Open Platform. For details, please refer to: 《Data Processing Agreement》. The DPA constitutes an integral part of this Agreement. In case of any conflict between the DPA and this Agreement and/or other agreements between Yuanli Jinzhi and its customer, the provisions in the DPA shall prevail with respect to the processing of User Data, unless it has been expressly agreed in writing between Yuanli Jinzhi and its customer to exclude the application of some terms in the DPA.
3.7.2 The collection, storage and use of the User Data by the Developer Product must be done according to the following requirements:
3.7.2.1 A prior explicit consent must be obtained from the user for a Developer Product to collect any User Data and only the User Data that is necessary for operation of the product program, realization of functions and purpose of service should be collected. At the same time, the user must be informed of the purpose for collection, scope and use of relevant data to protect the user's right to be informed;
3.7.2.2 After collecting the User Data, the Developer must take necessary protection measures to prevent the User Data from theft or leakage;
3.7.2.3 The Developer shall provide the user with the means to modify and delete the User Data, ensure that the user can delete its User Data independently through such means when it requests to do so, and ensure that relevant data is completely deleted.
3.7.3 Without the consent of Yuanli Jinzhi, the Developer shall not, through this Service, collect, store, crawl, obtain or require the user to submit the data including but not limited to the information content of the FinDocx AI Open Platform, the User Data and other data that Yuanli Jinzhi considers to be sensitive information, nor shall the Developer use the foregoing data legally obtained for the purpose of creating, supplementing or maintaining its own relationship chain, either by itself or by giving such data to its users and customers.
3.7.4 Without the permission of Yuanli Jinzhi, the Developer shall not use the data obtained from this Service for any form of promotion, marketing or advertising, either directly or in a disguised manner.
3.7.5 If Yuanli Jinzhi believes that the way in which the Developer collects and uses the User Data may damage the user experience, Yuanli Jinzhi has the right to require the Developer to delete relevant data and to cease the collection and use of the User Data in that manner.
3.7.6 Yuanli Jinzhi has the right to restrict or prevent the Developer from obtaining the User Data and the data of the Open Platform.
3.7.7 Once the Developer stops using this Service, or stops using the Open Platform, or Yuanli Jinzhi terminates the Developer's use of this Service for any reason, the Developer must immediately delete all the data obtained from the Open Platform (including backups) and shall no longer use such data in any way.
3.7.8 The Developer shall independently take reasonable and secure technical measures, in addition to this Service, to ensure the security of various types of data and other information stored on the server of Yuanli Jinzhi in connection with the use of this Service, and shall be fully responsible for the consequences arising from its own actions (including but not limited to independently installing software, implementing encryption measures or taking other security measures).
3.8 Legal liability
3.8.1 The Developer warrants that neither its use of this Service nor any of its actions will infringe upon the legitimate rights and interests of any person.
3.8.2 The Developer understands and agrees that: (1) If Yuanli Jinzhi discovers for the first or second time that the Developer may have infringed on the legitimate rights and interests of others, either independently or based on information from relevant departments, complaints from the right holders, etc., Yuanli Jinzhi has the right to make an independent judgment as a general person to determine whether the Developer has infringed on the legitimate rights and interests of others, and if Yuanli Jinzhi believes that the Developer has infringed on the legitimate rights and interests of others; (2) if any technology or product developed by the Developer with this Service is used for the purposes prohibited by Article 3.5.4.1 or 3.5.4.2 of this Agreement; or (3) if the Developer is included in the sanctions or entity lists published and updated from time to time by the Office of Foreign Assets Control of the US Department of the Treasury and the Bureau of Industry and Security of the U.S. Department of Commerce, Yuanli Jinzhi has the right to unilaterally take one or more of the following measures at any time.
3.8.2.1 Taking such measures as blocking the access by new users and restricting the login of existing users for the Developer Product that infringes on the legitimate rights and interests of others;
3.8.2.2 Taking offline measures against the Developer Product that infringes on the legitimate rights and interests of others, namely, terminating the use of the service of the Open Platform by the Developer Product;
3.8.2.3 Holding the Developer legally responsible;
3.8.2.4 Announcing the actions of the Developer to the public;
3.8.2.5 Making all the information about the Developer in the possession of Yuanli Jinzhi available to the competent regulatory authorities;
3.8.2.6 Other measures that Yuanli Jinzhi deems appropriate. For the Developer Product that infringes upon the legitimate rights and interests of others, if it is assumed that the Developer Product is modified to such extent that it will no longer infringe upon the legitimate rights and interests of others, the Developer agrees that Yuanli Jinzhi still has the right to take the modified Developer Product offline. If necessary, the Developer may also connect its modified Developer Product that no longer infringes on the legitimate rights and interests of others as a new product to the Open Platform with reference to the processes and specifications of the Open Platform.
3.8.3 If Yuanli Jinzhi takes any action or measure against the Developer or the Developer Product subject to the above terms, other relevant provisions hereof, or the Developer’s violation of relevant laws, the Developer shall be solely responsible for any disputes and liabilities arising therefrom, and be fully responsible for the losses, if any, caused thereby to the Developer, Yuanli Jinzhi or others.
IV. Rights and Obligations of Yuanli Jinzhi
4.1 Yuanli Jinzhi will provide appropriate services to the Developer based on the service type selected by the Developer. The Developer understands and agrees that based on the comprehensive factors such as user experience, operational security and healthy development of Yuanli Jinzhi or its Open Platform, platform rules and requirements, Yuanli Jinzhi has the right to choose the recipient of service or partner for cooperation, to determine the recipient and scope of function access, data interface and related data disclosure, and to suspend or terminate this Service to the Developer or Application which is subject to the following, including but not limited to:
4.1.1 Violation of laws, regulations or provisions of this Agreement;
4.1.2 Impairing the user experience;
4.1.3 Having potential safety hazards;
4.1.4 Violation of the operation principles of the Open Platform, or failure to comply with other management requirements of Yuanli Jinzhi.
4.2 Protecting the security of the information about the Developer is a basic principle of Yuanli Jinzhi. Without the consent of the Developer, Yuanli Jinzhi will not disclose or provide the information about the Developer to any company, organization or individual other than Yuanli Jinzhi, except that the information:
4.2.1 Can be provided in accordance with provisions of this Agreement or other relevant agreements, rules, etc.;
4.2.2 Can be provided in accordance with the provisions of the laws and regulations;
4.2.3 Is provided as required by administrative, judicial or other government departments;
4.2.4 Is provided by Yuanli Jinzhi to a third party with the consent of the Developer;
4.2.5 Is required to resolve a reported incident or initiate a lawsuit;
4.2.6 Must be provided to take necessary and reasonable actions to prevent serious illegal acts or suspected criminal acts.
4.3 Yuanli Jinzhi has the right to develop and operate applications that are similar to or compete with the Application of the Developer. At the same time, Yuanli Jinzhi makes no warranty that there will be no applications on the Open Platform that are provided by other developers and compete with the Application of the Developer.
4.4 Yuanli Jinzhi may transfer its rights and obligations hereunder, in part or as a whole, to others. If the Developer disagrees with the transfer by Yuanli Jinzhi, the Developer has the right to stop using the services hereunder.Otherwise, the Developer shall be deemed to have accepted such transfer.
4.5 The Developer understands and agrees that Yuanli Jinzhi will make commercially reasonable efforts to ensure that the User Data of the Developer in connection with the use of the service of the Yuanli Jinzhi Open Platform is stored securely, provided that Yuanli Jinzhi cannot provide an absolute warranty therefor, including but not limited to the following situations:
4.5.1 Yuanli Jinzhi is not responsible for the deletion or storage failure of relevant data of the Developer;
4.5.2 Yuanli Jinzhi has the right to determine the maximum period for storage of the data of the Developer in connection with the use of the service of the Yuanli Jinzhi Open Platform as required by applicable laws and based on the actual circumstances, and to determine the space allocated on the server for data storage for the Developer. The Developer may back up this Service and relevant data in this Service according to its own needs.
V. Disclaimer
5.1 The Developer understands and agrees that: In view of the special nature of the network service, Yuanli Jinzhi has the right to change, suspend or terminate the services, as a whole or in part, at any time with reference to the overall operation of the FinDocx AI Open Platform or relevant operating specifications and rules in the event of force majeure. If losses are caused thereby to the Developer, the Developer agrees to waive the responsibility of Yuanli Jinzhi.
5.2 The Developer understands and agrees that: In order to provide the Developer with improved services, Yuanli Jinzhi has the right to regularly or irregularly inspect, maintain, and upgrade the platform or related equipment that is used to provide the services. Such inspection, maintenance or upgrading may result in interruption or suspension of relevant services within a reasonable period of time. If losses are caused thereby to the Developer, the Developer agrees to waive the responsibility of Yuanli Jinzhi.
5.3 The Developer understands and agrees that the services of Yuanli Jinzhi are provided based on the current status of existing technology and conditions. Yuanli Jinzhi will exercise its best efforts to make this Service available to the Developer and ensure the continuity and security of the service; provided that Yuanli Jinzhi cannot warrant that the services it provides are free from defects, nor can it foresee and prevent legal, technical and other risks from time to time, including but not limited to service interruption, data loss and other losses and risks that may be caused by factors such as force majeure, viruses, Trojans, hacker attacks, system instability, defects in third-party services and government actions. Therefore, the Developer also agrees that even if there are defects in the services provided by Yuanli Jinzhi, such defects are unavoidable in consideration of the industry technology at that time, and will not constitute breach of contract by Yuanli Jinzhi. At the same time, the Developer agrees to waive the responsibility of Yuanli Jinzhi for any losses such as loss of data or information caused thereby to the Developer.
5.4 The Developer understands and agrees that this Service may be interrupted due to force majeure and other risk factors during its use of the service of Yuanli Jinzhi. Force majeure means objective events that are unforeseeable, insurmountable and unavoidable and that impose a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics and storms, and social events such as wars, unrests and government actions. In the event of a force majeure situation, Yuanli Jinzhi will strive to cooperate with relevant departments in making timely repairs. If losses are caused to the Developer, the Developer agrees to waive the responsibility of Yuanli Jinzhi.
5.5 The Developer understands and agrees that if the Developer suffers losses due to the interruption or blocking of the service of Yuanli Jinzhi in the following circumstances, the Developer agrees to waive the responsibility of Yuanli Jinzhi:
5.5.1 Damage caused by computer viruses, Trojans or other malicious programs or hacker attacks;
5.5.2 Failure of the computer software, systems, hardware and communication lines of the Developer or Yuanli Jinzhi;
5.5.3 Improper operation by the Developer;
5.5.4 Use of this Service by the Developer in a manner unauthorized by Yuanli Jinzhi;
5.5.5 Other circumstances that Yuanli Jinzhi cannot control or reasonably foresee.
VI. Suspension or Termination
6. 1 If the Developer gives a written notice to Yuanli Jinzhi, indicating that it does not accept this Agreement or any modification thereof, Yuanli Jinzhi has the right to suspend or terminate this Service to the Developer at any time.
6.2 If the Developer is unable to continue to use this Service of Yuanli Jinzhi or Yuanli Jinzhi is unable to provide this Service due to force majeure, Yuanli Jinzhi has the right to terminate the Agreement at any time.
6.3 If other suspension or termination conditions stipulated herein occur or are met, Yuanli Jinzhi has the right to suspend or terminate this Service to the Developer at any time.
6.4 After Yuanli Jinzhi terminates this Service to the Developer due to the Developer's violation of this Agreement, if the Developer subsequently registers and uses this Service at the Open Platform directly or indirectly or in the name of another person, Yuanli Jinzhi has the right to directly and unilaterally suspend or terminate this Service.
6.5 If this Agreement or this Service is terminated for any reason, Yuanli Jinzhi may retain or delete all the data in the Account of the Developer or any data and information stored by the Developer in the server of Yuanli Jinzhi for the use of this Service, including any data that the Developer has not completed before the termination of the service. After this Service is discontinued, terminated or canceled, Yuanli Jinzhi has no obligation to return any data to the Developer.
6.6 If this Agreement or this Service is terminated for any reason, the Developer shall handle the backup of data and other information and related matters with the users of the Developer, and the Developer shall be responsible for compensating for any losses caused thereby to Yuanli Jinzhi.
VII. Notice
7.1 Yuanli Jinzhi may deliver the rules, notices, reminders and other information about this Service to the Developer by one or more of web announcement, web prompt, email, SMS, regular mail delivery and in-site message in the management system of the Account for this Service registered by the Developer. Once Yuanli Jinzhi publishes or sends such information in any of the above ways, the Developer shall be deemed to have accepted and agreed to be bound by such information. The Developer which does not accept such information is required to give a written notice to Yuanli Jinzhi. Otherwise, the Developer will be deemed have accepted and agreed to such information.
7.2 If the Developer fails to receive relevant rules, notices, reminders and other information due to an error in the email address, mobile phone number, mailing address and other information provided by the Developer, the Developer agrees that it will still be deemed to have received and be bound by relevant information, and all the consequences and responsibilities arising therefrom shall be borne by the Developer.
7.3 The Developer also agrees that Yuanli Jinzhi may send other types of information, including but not limited to commercial advertisements, that may not be related to this Service to the email address and mobile phone number of the Developer.
7.4 If the Developer needs to bring anything to the attention of Yuanli Jinzhi, the Developer shall give a written notice to Yuanli Jinzhi through the contact information officially published by this Service.
VIII. Intellectual Property Rights
8.1 The intellectual property rights in and to the information content provided by Yuanli Jinzhi in this Service (including but not limited to service results) shall be owned by Yuanli Jinzhi, except that such rights are owned by others according to law. Unless otherwise stated, the copyrights, patent rights, trade secrets and other intellectual property rights in and to the software that Yuanli Jinzhi relies on when providing this Service shall be owned by Yuanli Jinzhi. The foregoing intellectual property rights and any other intellectual property rights legally owned by Yuanli Jinzhi are protected by law. Without the written permission of Yuanli Jinzhi, the Developer shall not use these intellectual property rights in any form or create any derivative works thereof.
8.2 The Developer only has the right to legally use this Service or related APIs in accordance with the provisions hereof. All the copyrights, patents and other rights in connection with the APIs related to this Service shall be owned by Yuanli Jinzhi. Without the written permission of Yuanli Jinzhi, the Developer shall not use in breach of the Agreement or in violation of the law, or sell, transfer or sublicense to any organization or individual the codes, APIs and development tools of Yuanli Jinzhi.
IX. Miscellaneous
9.1 The contents of this Agreement include the agreements or rules attached hereto and other relevant agreements, rules, etc. that may be released by Yuanli Jinzhi from time to time in connection this Service. The above contents, once officially released, will become an integral part of this Agreement and be binding on the Developer. In the event of any conflict between the above contents and this Agreement, this Agreement shall prevail. By registering or using any service hereunder, the Developer has read and agreed to be bound by this Agreement and the above contents. Yuanli Jinzhi has the right to unilaterally modify this Agreement or the above contents when necessary. By continuing to use this Service upon the change of relevant contents, the Developer has accepted the modified contents. The Developer which does not accept the modified contents shall stop using relevant services.
9.2 This Agreement is signed in Haidian District, Beijing, the People’s Republic of China.
9.3 The formation, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of Mainland China (excluding conflict of laws).
9.4 Any dispute or controversy arising between the Developer and Yuanli Jinzhi shall first be resolved through friendly negotiation; in case of failure to reach an agreement through such negotiation, both parties agree to submit such dispute or controversy to the people's court with jurisdiction in the place where this Agreement is signed for resolution.
9.5 The headings of all the clauses hereof are inserted only for the convenience of reading without any actual meaning and cannot be used as the basis for interpreting this Agreement.