Published on 1 May 2016
This Agreement is a legal agreement between you and Jiubang Digital Technology Co., Ltd, Guangzhou (hereinafter referred to as 'Jiubang Digital') regarding your downloading, installation and use of Jiubang Digital's mobile software and related services.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. Jiubang Digital has the right to modify the terms of this Agreement from the Software or the official website. You understand and agree that if you continuously use the Software after the date on which these terms have changed, Jiubang Digital will treat your use as acceptance and compliance with the updated terms.
1.1 The Software is developed by Jiubang Digital independently. It provides a mobile security software program to end users. The Software allows end users to enter, store, secure, backup, share and restore confidential and sensitive "micro-data" and "files" on mobile devices for the purpose of protecting the information from the public. Micro-data is a term that applies to short strings of data that are critical to end users (e.g. website logins, passwords, social security numbers, bank account numbers, access codes, pin codes and private notes). Files may include private documents, personal photos and videos. The Software utilizes strong encryption using a 256-bit cipher .
1.2 Micro-data and files stored in your Software vault are referred to as "Records". The Software can maintain your Records. The Software requires an Internet connection to function on Cloud-based software platforms. Your Records stored in the Software are transmitted to the third party's Cloud Security Vault using a 256-bit encrypted Secure Socket Layer (SSL/https) connection. Your Records are securely encrypted with 256-bit AES ciphers. Jiubang Digital's employees do not have access to your records. We cannot help you retrieve your records if you forget your Master Password. Information such as your IP address and login information is utilized for your security and protection.
1.3 As a condition for using Software, you must provide us with payment.
2.1 You acknowledge and agree that Jiubang Digital retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this Software. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People's Republic of China (hereinafter referred to as 'PRC') and relevant international agreements and other intellectual property laws and regulations.
2.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of Jiubang Digital (including but not limited to exploiting assigning the referenced intellectual property rights above or permitting anyone else to do so) and this Software. Jiubang Digital reserves the rights to charge the tort liabilities.
2.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. Jiubang Digital reserves the right to charge the tort liabilities, unless you have been granted by Jiubang Digital, in writing.
3.1 Jiubang Digital gives you non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial use.
3.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the product and services provided to any other users.
3.3 You have precisely read and agree to the agreement and statements published by Jiubang Digital. You promise not to copy, grant a sub-license, share or sell the Software or related services. You are fully responsible for any fees created by or rising from own factors. Jiubang Digital does not assume any liability.
3.4 Jiubang Digital reserves all rights not expressly granted to you. You are required to obtain additional consent to use other software.
4.1 You represent that you are over the age of 18.
4.2 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to the Software and any third-parties) of any such breach. You have no right to conduct following behaviors (including but not limited to):
4.2.1 Delete copyright information, content on the Software or other copies.
4.2.2 Reverse engineer, decompile or extract the source code of the Software.
4.2.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account; enter public computer network or other's computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of ) names of TCP/IP package.
4.2.4 Sell, rent, loan, deliver, transfer or sub-license the Software and services, or related links, or benefit from using the Software and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain.
4.2.5 Use the Software and other services provided by Jiubang Digital in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement.
4.3 You hereby understand that upon using the Software, you will be required to create a 'Master Password'. Jiubang Digital has no access to know your Master Password, and has no access to the contents which you have stored in the Software, so you must obey the following rules (including but not limited to):
4.3.1 It is imperative to remember your Master Password.
4.3.2 The Master Password will be used by you and only you.
4.3.3 You are responsible for maintaining the security of your Master Password.
4.3.4 You will not share your Master Password with any employee, agent, officer or director of Jiubang Digital.
4.4 Jiubang Digital does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of Software.
4.5 Jiubang Digital reserves the right to terminate, fully or partially suspend, limit functional features of your account, without prior notice, if you has breached under the terms of this Agreement.
6.1 You acknowledge and agree that the Software and related services may have potential risks like service interruption, failure to respond to user's requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall Jiubang Digital be liable for any risks stated above.
6.2 Jiubang Digital is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
6.3 The Softeware which is not officially released or authorized by Jiubang Digital and the derivative works of the Software are illegal. User's downloading, installation, and using this software may lead to unexpected risk. Jiubang Digital is not liable for any legal liabilities, issues arising from it.
6.4 Jiubang Digital will not have access to your Master Password or your data. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any damage caused by Jiubang Digital or its personnel.
6.5 TO THE MAXIMUS EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL JIUBANG DIGITAL'S OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIDUTORS OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF JIUBANG DIGITAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, JIUBANG DIGITAL IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION [WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE], THE MAXIMUS AGGREGATE LIABILITY OF JIUBANG DIGITAL TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY JIUBANG DIGITAL TO YOU IN THAT SIX (6) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6.6 You agree to the most extent under applicable law, Jiubang Digital owns other disclaimer rights not listed in this agreement.
7.1 You agree that if Jiubang Digital does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of Jiubang Digital's rights and Jiubang Digital has the right to continuously exercise or enforce the right or regulation.
7.2 Without written authorization from other side, you may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
7.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
7.4 The validity and interpretation of this Agreement is applicable to laws of the People's Republic of China. If any provision in this Agreement conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both Jiubang Digital and you agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court in Guangzhou where Jiubang Digital located.
7.5 If you have any questions about the use of the Software or this Agreement, please contact us at email@example.com.