User Service Agreement
I. Agreement Scope
1.1 Beijing DataBurning Technology Co., Ltd. (hereinafter referred to as DataBurning Technology or the Company) is responsible for the development, operation, and management of the online data service platform branded as DataBurning, accessible at https://www.databurning.com/ (hereinafter referred to as the Platform). Pursuant to the terms and conditions set forth in this User Service Agreement (hereinafter the Agreement), the Platform provides data-related services to individuals or entities who register, browse, or otherwise utilize the Platform (hereinafter collectively the Users).
1.2 Users shall carefully review and fully comprehend all terms and conditions contained herein prior to utilizing any services provided by the Platform. By completing the registration process or accessing any services on the Platform, Users expressly acknowledge and consent that they have read, understood, and agreed to be bound by all provisions set forth in this Agreement.
II. Platform Content and Services
2.1 Service Content
The services provided by the Platform shall include, but not be limited to, data products, research reports, and analytical tools, which may be presented in various forms including text, software, audio, images, videos, charts, or other formats. All service content is derived from legally and publicly available information collected through DataBurning Technology's proprietary engines, which is subsequently processed through modeling and calculations. All such content is protected under applicable copyright, trademark, and other intellectual property laws.
2.2 Service Terms
Users shall be entitled to access and utilize various data services purchased or otherwise lawfully obtained through the Platform, subject to compliance with all applicable provisions of this Agreement regarding service usage. Any further processing of the Platform's service content (including but not limited to interpretation, analysis, modification, or alteration) shall require prior written authorization from both the Platform and the Company. Users are strictly prohibited from copying, reproducing, or creating derivative works based on the Platform's service content without such authorization.
III. Privacy and Registration
3.1 Registration Information
Users shall provide true, accurate, and complete personal information during the registration process to protect their legitimate rights and interests. The Platform shall not be liable for any service interruption or inability resulting from Users' provision of inaccurate, incorrect, or incomplete registration information. The Platform reserves the right to suspend or terminate service eligibility where User-provided information contains illegal or inaccurate content.
3.2 Privacy Protection
3.2.1 The Platform shall protect Users' privacy and shall not disclose or provide Users' registration information and non-public content to third parties, except under the following circumstances:
a) Prior explicit authorization has been obtained from the User;
b) Disclosure is required by applicable laws and regulations;
c) Disclosure is requested by relevant government authorities;
d) Disclosure is necessary to safeguard the public interest; or
e) Disclosure is necessary to protect the legitimate rights and interests of the Platform and/or DataBurning Technology.
3.2.2 Users acknowledge and consent that the Platform may provide Users' registration information to third-party service providers, provided that such third parties agree to assume equal or higher standards of privacy protection responsibilities in their cooperation with the Platform for service provision.
3.2.3 The Platform reserves the right to analyze and commercially utilize the User database without disclosing individual Users' private information.
IV. Service Use and Management
4.1 Compliance with Laws and Regulations:
Users shall use the Platform's services in accordance with all applicable laws and regulations. Users are strictly prohibited from utilizing the Platform in any manner that endangers national security, discloses state secrets, or infringes upon the legitimate rights and interests of the state, society, collectives, or individuals. Users shall not create, reproduce, or disseminate illegal or harmful information, including but not limited to:
a) Inciting resistance to or undermining the implementation of the Constitution, laws, or administrative regulations;
b) Inciting the subversion of state power or overthrowing the socialist system;
c) Inciting the division of the country or undermining national unity;
d) Inciting ethnic hatred or discrimination, or undermining ethnic solidarity;
e) Fabricating or distorting facts, spreading rumors, or disrupting social order;
f) Promoting feudal superstitions, obscenity, pornography, gambling, violence, murder, terror, or abetting criminal activities;
g) Publicly insulting others, fabricating facts to defame others, or engaging in other malicious attacks;
h) Damaging the reputation of state institutions;
i) Violating the Constitution, laws, or administrative regulations in other ways;
j) Engaging in unauthorized commercial advertising activities.
The Platform declares that Users' system records may serve as evidence of violations of laws, regulations, or relevant policy documents.
4.2 Compliance with Proper Usage Regulations
Users hereby agree and undertake that they shall not use any plug-ins, cheats, systems, or third-party tools to interfere with, disrupt, damage, modify, or otherwise adversely affect the normal operation of the Platform and the associated systems of DataBurning Technology. This includes, but is not limited to, the use of any automated programs, software, or similar tools to access the services, or to collect, process, or handle data, information, and content. In the event of a violation, the Company reserves the right to take appropriate measures, such as temporarily limiting access rates, suspending the services, or terminating the services, depending on the severity of the violation. These measures are implemented to safeguard the stable and secure operation of the system, ensure the proper provision of services, and protect the legitimate rights and interests of other users. Furthermore, the Company explicitly reserves the right to pursue additional legal liabilities for such violations.
4.3 Information Authenticity
Users warrant that all information provided shall be true, accurate, and complete. Users shall not utilize false information to conduct commercial advertising or other illegal activities.
4.4 Intellectual Property
All data products and services available on the Platform are protected under copyright, trademark, and other intellectual property laws. Users shall not copy, reproduce, cite, link, scrape, or otherwise utilize the Platform's content without prior authorization. In the event of unauthorized use, DataBurning Technology reserves the right to suspend or terminate User services without prior notice and seek compensation for all economic losses and reputational damages incurred.
V. Data Security and Cybersecurity
5.1 Data Security
The Platform shall strictly comply with the Cybersecurity Law of the People's Republic of China, the Data Security Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China, the Regulations on the Management of Network Data Security, and other applicable laws and regulations. The Platform warrants that its data products and services shall not contain personal privacy data or sensitive information and commits to implementing reasonable measures to ensure data security.
5.2 Cybersecurity
Users shall comply with the Cybersecurity Law of the People's Republic of China and other applicable laws and regulations. Users shall be responsible for maintaining the security of their accounts and preventing unauthorized access to, theft of, or tampering with passwords, personal accounts, and other sensitive information. Users shall immediately notify the Platform upon discovery of any security anomalies.
VI. Disclaimer
6.1 Risk Assumption
Users expressly acknowledge and agree that they shall assume all risks associated with their use of the Platform's services. Users shall bear sole responsibility for any and all consequences arising from their use of the Platform's services. The Platform shall not assume any liability, whether direct or indirect, for such consequences.
6.2 Service Guarantee
Due to the inherent characteristics of internet services, Users acknowledge and agree that the Platform provides its services on an "as is" and "as available" basis. The Platform does not guarantee that the services will meet all Users' requirements, nor does it guarantee uninterrupted service. The Platform makes no warranties or representations, express or implied, regarding the timeliness, security, accuracy, reliability, completeness, or effectiveness of the services provided.
VII. Service Modification, Interruption, or Termination
7.1 Service Modification
The Platform reserves the right to modify these terms of service as circumstances require. Any modifications to these terms shall be prominently displayed on the relevant Platform pages. Users who do not accept such modifications may cease using the services. Users' continued use of the services following any modification shall constitute acceptance of the modified terms.
7.2 Service Interruption and Termination
7.2.1 The Platform reserves the right to immediately interrupt or terminate services without prior notice to any User who: (a) Provides illegal or false personal information; or (b) Violates the usage rules stipulated in this Agreement or the provisions of the Disclaimer.
7.2.2 Where service suspension is necessary for system maintenance, upgrades, or other legitimate and reasonable purposes, the Platform shall, to the extent practicable, provide advance notice to Users. The Platform shall not be liable for any losses, whether direct or indirect, incurred by Users or any third party resulting from such service interruption or termination.
VIII. Dispute Resolution
8.1 Governing Law
The formation, execution, interpretation, and dispute resolution under this Agreement shall be governed by the laws of the People's Republic of China.
8.2 Dispute Resolution
In the event of any dispute between the User and the Platform with respect to or in connection with the construction and performance of this Agreement, the Parties shall first negotiate in good faith. If such negotiations fail to resolve the dispute, either Party may submit the dispute to the People's Court having jurisdiction over the location of DataBurning Technology.
IX. Miscellaneous Provisions
9.1 Integration and Entirety
This Agreement, in conjunction with the Disclaimer and any other written agreements executed between the User and the Platform/DataBurning Technology, shall constitute the complete and entire agreement between the parties hereto.
9.2 Severability
In the event that any provision hereof shall be determined to be invalid, void, or unenforceable, in whole or in part, for any reason whatsoever, including without limitation, changes in applicable laws and regulations, issuance of judicial interpretations, or requirements imposed by competent governmental authorities, such invalidity, voidness, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions hereof, which shall remain valid and binding in full force and effect.
9.3 Headings
The headings contained herein are inserted solely for convenience of reference and shall not constitute a part of this Agreement for any other purpose whatsoever. In construing and interpreting this Agreement, the substance and content of the provisions shall prevail, and the headings shall be accorded no legal significance.
9.4 Interpretation and Amendment
The Platform hereby expressly reserves the final right of interpretation of this Agreement to the fullest extent permitted by applicable law. The Platform further reserves the right, at its sole discretion, to revise, amend, or update this Agreement in response to changes in laws and regulations, business operational requirements, or user feedback. Any such revision, amendment, or update shall be effectuated by publication on the relevant pages of the Platform, and such publication shall constitute sufficient and effective notice to all Users. Users are hereby advised and encouraged to periodically review this Agreement to ensure awareness of and compliance with the then-current terms and conditions contained herein.
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