TABCUT User Service Agreement

Version update date: August 26, 2022

Effective date of this version: August 26, 2022

 

Welcome to use the products of TABCUT! For video e-commerce, choose TABCUT!

 

This TABCUT User Service Agreement ("Agreement") is an agreement between the user ("User" or "You") and Tabcut Technology Co., Ltd. ("We") regarding the registration of a TABCUT account and the use of various services provided by the TABCUT platform. The TABCUT platform is developed and maintained by us, and provides you with data analytics services. The provisions of this Agreement are a contract that governs the rights and obligations of both parties and shall remain in force and effect. If there are mandatory provisions under the law or special agreements between the parties, they shall be governed by such provisions. Please read and understand all the contents of this Agreement carefully. Limitations and disclaimers may be highlighted in bold or underlined. Unless you have read and accepted all the terms of this Agreement, you should not register for a TABCUT account or use TABCUT services. If you do not agree to any part of this Agreement, please stop the registration process or stop using the TABCUT platform. If you have any questions about the content of this Agreement, please contact us at any time, and we will further explain and clarify the relevant content according to your requirements. By checking "Agree to the TABCUT User Service Agreement" and completing the registration process, or accepting or using any services of the TABCUT platform in any other way, you are deemed to have read and agreed to this Agreement, and voluntarily accept all the contents of this Agreement. At that time, you should not claim that this Agreement is invalid or request to revoke this Agreement on the grounds of not reading the contents of this Agreement or not obtaining answers to your inquiries from this product.

 

The content of this Agreement includes the Agreement text and all kinds of rules that TABCUT platform has published or may publish in the future. All rules are an integral part of this Agreement and cannot be separated from it. We have the right to formulate and modify this Agreement or various rules from time to time as needed, and publish them here without further notice to users. The revised Agreement and rules will be announced on the TABCUT platform (and pushed on the TABCUT PC, public account, and WeChat applet homepage), and will take effect seven days after being announced to you. If you do not agree to the relevant changes, you should immediately stop using the TABCUT platform. If you continue to use the TABCUT platform, you are deemed to have accepted the revised Agreement and rules. In case of any dispute, the latest relevant Agreement and rules of the TABCUT platform or TABCUT services shall prevail (except as otherwise provided by law). Please confirm that you have fully understood and completely understood all the contents of this Agreement again.

 

Section 1. Service Description

  1.                 "TABCUT Service" refers to the data analysis services we provide to you through the TABCUT application (as defined below).
  1.                 "TABCUT Platform" refers to the platforms we use to provide you with TABCUT services, including but not limited to the following platforms:

•                      "TABCUT" website: www.tabcut.com and www.tabcut.cn;

•                      "TABCUT Data" WeChat official account;

•                      "TABCUT Data" WeChat mini-program.

  1.                 The TABCUT services we provide are limited to use within the TABCUT platform. Any malicious cracking of the TABCUT services or TABCUT platform, including reverse engineering of the TABCUT application, is a violation of this agreement and the use of TABCUT services.

 

Section 2. Account Registration

  1.                 Eligibility for Registration

Users must be natural persons with full civil rights and capacity to bear legal responsibility. By completing the registration process or using the TABCUT service in any other way that we agree to, you confirm that you have the capacity to bear legal responsibility and possess the necessary qualifications.  If you do not have the appropriate qualifications, you must immediately stop using the TABCUT platform and any related services. Any consequences resulting from your failure to do so will be borne by you.

  1.                 Registration Information

2.1 We are not responsible for any problems caused by inaccurate registration information provided by users, or for any consequences that may arise from such problems. User registration information (such as usernames) may not contain advertising or illegal information. Users must provide truthful, accurate, complete, and legally valid registration information to the TABCUT platform with integrity. If the user's registration information changes, the user should update the registration information in a timely manner. You can update your registration information through the "Settings" interface in the TABCUT platform's WeChat mini program or the "My" interface on the computer website. However, please note that the personal information we obtain through the WeChat channel authorization cannot be changed. If the user's registration information is illegal, untrue, inaccurate, incomplete, or if the TABCUT platform has reason to suspect that the information provided by the user is illegal, untrue, inaccurate, or incomplete, or if the registration information contains advertising or illegal content, we have the right to suspend or terminate the provision of services to the user, freeze or cancel the user's account, and refuse the user's current and future use of all or any functions of the TABCUT platform. If the information you provide is incomplete, you may not be able to use the TABCUT service or may be restricted during use. Users shall bear corresponding responsibilities and consequences arising from this, and we reserve the right to terminate the user's use of the TABCUT platform and/or any TABCUT services.

2.2 When users browse the TABCUT platform, their personal private information, such as their real name, address, contact number, and email address, will be kept strictly confidential. We will not disclose users' personal private information to the outside world unless we have obtained the user's authorization or there are legal regulations requiring us to do so.

2.3 Non-registered users (i.e. those who are not members of the TABCUT platform) may not be able to use all or part of the TABCUT services without your consent to this agreement.

 

 

Section 3: Account and Paid Membership

  1.                 Upon successful registration, you become a member of the TABCUT platform and hold the unique account information of the TABCUT platform. You can change your password according to the rules of the TABCUT platform.
  1.                 Users can become paid members through various existing and future official channels. When using a specific method to become a paid member, you can find separately charged services and functions (including becoming a special member) on www.tabcut.com (or www.tabcut.cn) and other pages we provide. Users have the right to choose and purchase relevant services. At the same time, we may sign an agreement with you separately regarding the use of the TABCUT application.
  1.                 You should carefully and reasonably keep and use your username and password and be responsible for the actions taken under your account. Unless otherwise provided by law or judicial ruling and with our consent, your username and password may not be rented, transferred, gifted, inherited (except for property rights and interests related to the account), sold, or otherwise allowed to be used by others. If the TABCUT platform discovers or has reason to suspect that the user is not the initial registrant of the account, it has the right to suspend or terminate the registration process without notice, refuse to provide services to the user, and cancel the account without any responsibility to the user. The losses caused by this, including but not limited to the interruption of user services, the clearing of user data and information, shall be borne by the user.
  1.                 The membership service is a network product and virtual product. It adopts the method of payment before service. The membership fee is the network product price corresponding to the membership service you purchased, not a prepaid payment, deposit, down payment, or savings card. The TABCUT platform hereby reminds you in good faith that the membership service cannot be refunded once opened, and the TABCUT platform will not refund the fee you have paid or provide any form of compensation.
  1.                 Registering a TABCUT platform account does not mean that the user has the right to obtain all TABCUT services. TABCUT services will be opened to users according to their membership qualifications.
  1.                 In case of account loss or forgotten password, users can log in through the TABCUT platform login page by 1) obtaining a SMS verification code through their mobile phone number; 2) resetting the password by entering their phone number and clicking "forgot password - get mobile phone verification code".
  1.                 If you discover any illegal use or other situations that may endanger the security of your account, you should immediately notify the TABCUT platform in an effective way to request the suspension of relevant services and report to the public security organ. You understand that it takes reasonable time for the TABCUT platform to take action on your request, and the TABCUT platform shall not be responsible for any consequences (including but not limited to any loss you may suffer) that have occurred before taking action.

 

Section 4. Reasonable Use of User Information

  1.                 You agree that TABCUT has the right to send information related to TABCUT services, verification codes, and other messages to registered users on the TABCUT platform through email, SMS, phone calls, and other forms of communication.
  1.                 You understand and agree that we have the right to provide necessary information, such as your registration information and transaction records on the TABCUT platform, to national judicial, administrative, and other regulatory authorities upon their request. If you are suspected of infringing on the intellectual property rights of others, we also have the right to provide the necessary identity information to the rights holder upon preliminary determination of the existence of suspected infringement.
  1.                 For information on how we protect users' personal information, please refer to the "TABCUT User Privacy Policy" published on the TABCUT platform.

 

Section 5. User Code of Conduct

  1.                 User Conduct Requirements. Users of the TABCUT platform and TABCUT services must comply with this agreement, relevant platform rules, and applicable laws and regulations.
  1.                 Users may not use the TABCUT platform or TABCUT services to engage in activities that violate laws, regulations, policies, or infringe upon the legitimate rights and interests of others, including but not limited to the following:

2.1 Publishing, transmitting, disseminating, storing, or displaying content that endangers national security, national unity, social stability, incites ethnic hatred, discrimination, undermines national unity, insults or slanders, pornography, violence, causes discomfort to others, or any content that violates national laws and regulations, or setting usernames with such content.

2.2 Publishing, transmitting, disseminating, storing, or displaying content that infringes upon the legitimate rights, such as intellectual property rights, trade secrets, portrait rights, privacy rights, or other content that violates public order and good customs.

2.3 Engaging in any behavior such as advertising, promoting information, or selling goods, or engaging in any illegal behavior that harms the interests of TABCUT services.

2.4 Engaging in any behavior that harms computer network security, including but not limited to:

1) Illegally intruding into the TABCUT platform network (including TABCUT platform system servers), disrupting normal network functions, stealing network data, and other activities that harm network security, or damaging or circumventing any security technology included in the TABCUT platform;

2) Providing programs or tools specifically used for engaging in activities that harm network security, such as network intrusion, interference with normal network functions and protection measures, and stealing network data;

3) Disseminating or sending illegal software, such as viruses, Trojan horses, timed bombs, etc., that may cause harm to the operation of the TABCUT platform or affect its stability;

4) Using TABCUT platform data (including but not limited to displayed, provided, or stored data) without permission, or accessing TABCUT platform servers without permission;

5) Entering TABCUT platform computer systems without permission and deleting, modifying, or adding stored information;

6) Attempting to probe, scan, or test the vulnerabilities of the TABCUT platform system or network in any way that would damage network security;

7) Attempting to interfere with or disrupt the normal operation of the TABCUT platform system or website, intentionally spreading malicious programs or viruses, and engaging in other behaviors that disrupt normal network information services;

8) Forging TCP/IP packet names or partial names (i.e., forging any data in the application layer, transport layer, network layer, or network access layer of the TCP/IP protocol);

9) Reverse engineering, disassembling, compiling, or attempting to discover the source code and algorithms of the TABCUT platform in any other way;

10) Maliciously registering TABCUT platform accounts, including but not limited to frequent and batch account registration;

11) Modifying or forging instructions, data, data packets, increasing, deleting, changing the functions or operating effects of software, and not transmitting software used for the above purposes to the public or operating it through information networks;

12) Copying, modifying, adding, deleting, linking, or creating any derivative works of any data generated and displayed in the TABCUT platform, regardless of the purpose, including but not limited to using plug-ins, add-ons, hotlinks, redundant stealing, illegal crawling, simulated downloads, deep links, fake registrations, or unauthorized third-party tools/services to access the TABCUT platform and related systems.

2.5 Creating false identities to mislead or deceive others.

2.6 Disseminating or spreading information or data that is protected by law, such as text, images, audio, video, images, software, or other materials or files that infringe upon the copyrights, trademarks, privacy rights, name rights, or reputation rights of any third party, unless you have the necessary rights or have obtained all necessary permissions.

2.7 Using any information or data obtained through the TABCUT platform in a manner that infringes upon the proprietary rights of any party or third party, including but not limited to trademarks, copyrights, patents, trade secrets, or any other proprietary rights.

2.8 Selling, renting, lending, distributing, transferring, or sublicensing the TABCUT platform and services or related links, or profiting from using the TABCUT platform and services or terms of service, whether or not the above use is for direct economic or monetary gain.

2.9 Violating the activity rules published on the TABCUT platform, including but not limited to publishing false information, cheating, or conducting false transactions through other means.

2.10 Other behaviors that violate laws and regulations, this agreement, relevant rules of the TABCUT platform, and infringe upon the legitimate rights and interests of others.

  1.                 If we have reason to believe that your behavior violates or may violate the provisions under Section 5, or if we find that your user account, login password, and verification code have been abused, or if there are situations such as gifts, borrowing, transfer, or sale, we may make independent judgments and take appropriate measures, including terminating the provision of TABCUT services to you at any time without prior notice, and requiring you to compensate us for all losses suffered. Users shall be responsible for all actions under their accounts on the TABCUT platform. If users disseminate and spread reactionary, pornographic, or other information that violates national laws and regulations on the TABCUT platform, the system records of the TABCUT platform may serve as evidence of the user's violation of the law.

 

Section 6. TABCUT Platform Liability Limitations

  1.                 We do not provide any express or implied warranties for TABCUT services, including but not limited to their applicability, absence of errors or omissions, continuity, accuracy, reliability, or suitability for a particular purpose. TABCUT also does not make any promises or guarantees regarding the validity, accuracy, correctness, reliability, stability, completeness, and timeliness of the technology or third-party information involved in TABCUT platform. All information, information, and content provided by TABCUT platform come from user-posted information, third-party platform information, or public information and do not represent our views. We also do not make any guarantees on the effectiveness, accuracy, truthfulness, legality, stability, completeness, and timeliness of TABCUT  services, nor do we assume any legal responsibility (but subject to legal limits). You should carefully judge and determine the authenticity, legality, and validity of the relevant information and keep corresponding evidence for rights protection.
  1.                 Users understand and agree that we will not be responsible for any damages (whether direct or indirect) caused to users or third parties due to any of the following reasons, including but not limited to loss of profits, reputation, use, data, or other intangible losses:

•                      Use or inability to use TABCUT services;

•                      Third-party unauthorized use of your account or modification of any data in your account;

•                      Expenses and losses incurred by purchasing or obtaining any goods, samples, data, information, or other behaviors through TABCUT services;

•                      User's erroneous use of TABCUT platform or TABCUT services;

•                      Other losses related to TABCUT platform or TABCUT services caused by reasons not attributable to TABCUT.

  1.                 Users should understand that Internet technology is unstable and may lead to risks that we cannot solve due to government regulation, policy restrictions, virus invasion, hacker attacks, server system crashes, or other reasons. Users agree that we are not responsible for any losses suffered by users in the above situations.
  1.                 You agree that if you find any content on the TABCUT platform that violates any laws or regulations or is not in compliance with this agreement, you are obligated to notify us promptly through the complaint channel specified in Article 7 of this agreement. If you find that your personal information has been stolen or any of your rights have been infringed, please inform us in a timely manner and provide the following information and materials: (a) relevant information, numbers, or other details that can be used to locate the infringing information; (b) proof that you are the legal owner of the rights in question; (c) your contact information, including the name of the contact person, address, phone number, and email; (d) copies of your ID card, business license, and other relevant materials. Upon verification, we will promptly delete the relevant information. We only accept written infringement notices sent by mail, email, or fax. If the situation is urgent, you can notify us by customer service phone first, and we will take corresponding measures according to the situation.

If we find, receive reports, or complaints from others that you have violated the provisions of this agreement or violated laws, regulations, and relevant national regulations, we have the right to take warning, freeze, terminate/suspend/restrict the use of your account, terminate this agreement, or propose compensation measures.

  1.                 You acknowledge and confirm that the TABCUT platform may contain third-party information, products, or services. When using third-party information, products, or services on the TABCUT platform, in addition to complying with the provisions of this agreement, you should also comply with the third-party user agreement. We will not be responsible for any direct, indirect, incidental, or consequential losses and liabilities arising from disputes arising from your use of third-party information, products, or services.
  1.                 You agree that even after the termination of this agreement for any reason, we still have the following rights:

(a) Continue to retain the registration information that you have not deleted in a timely manner and all information you have posted during your use of the TABCUT platform (subject to legal limits) until the record retention period specified by law expires;

(b) If you engage in illegal activities or violate this agreement and/or relevant rules during your use of the TABCUT platform, we may still exercise our rights and pursue our legal responsibilities according to this agreement.

 

Section 7. Intellectual Property Rights Statement

  1.                 We have the corresponding rights to the materials protected by intellectual property or other legal protection contained in the platform; except for the content of copyright enjoyed by users under the law, the intellectual property of the overall content of the platform belongs to us or our affiliated companies.
  1.                 Based on the legitimate processing of data and the competitive data interests obtained, except as otherwise provided by laws and regulations, we have independent usage rights without your consent.
  1.                 "TABCUT" is our registered trademark owned by TABCUT Technology Co., Ltd. and is protected by law. No one may use it without permission. Anyone who uses such a trademark without authorization will be held legally responsible.
  1.                 The information and materials contained in the TABCUT platform (including but not limited to code, text, charts, logos, button icons, images, sound file fragments, digital downloads, data editing, and software) are our exclusive property or the property of our content providers and are protected by applicable laws. The compilation of all content on the TABCUT platform is our exclusive property and is protected by applicable laws. The TABCUT platform and all codes and software on the TABCUT platform are our property or the property of our affiliated companies or software suppliers and are protected by applicable laws. We grant you a non-exclusive, worldwide, non-commercial, indivisible, and non-transferable license to use the TABCUT platform and the services on the TABCUT platform.
  1.                 Without our prior written consent, no third party may obtain or use any part of the TABCUT platform or any content, service, or material that can be directly or indirectly obtained through the TABCUT platform for any non-private or commercial purpose. Any authorized reproduction, publication, dissemination, transfer of information content on the TABCUT platform or any part thereof must include this copyright statement. Any user who violates the provisions of this agreement by publishing, copying, reprinting, modifying, quoting, linking, downloading, or using any part of the TABCUT platform in any way, allowing third parties to use the aforementioned content or providing channels for any other third party to obtain any content of the TABCUT platform, then the TABCUT platform has the right to immediately freeze/cancel its account, stop providing any services to it, require the user and third parties to stop using the aforementioned content, and require the user to compensate for all losses. The user must return or destroy (or cause third parties to return or destroy) any copies of the materials created using any part of the TABCUT platform in accordance with our requirements.
  1.                 Once the user accepts this agreement, it indicates that you are willing to grant us a non-exclusive, worldwide, sublicensable, irrevocable, and free license (including but not limited to the right to copy, translate, compile, disseminate, broadcast, and make derivative works, perform and display) for any property rights in any form of information content (including but not limited to user evaluation information content) published by you on the TABCUT platform at any time, such as property rights in copyrights (including but not limited to reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcasting rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights, and other transferable rights that should be enjoyed by copyright owners). This enables us to produce, publish, distribute, reproduce, distribute, rent, display, exhibit, disseminate, perform, screen, broadcast, and otherwise use such information content. Within the limits permitted by law, users agree that we have the right to initiate separate legal proceedings against any infringing party.
  1.                 The information, text, pictures, and other materials published by users on the TABCUT platform are provided by TABCUT users, and the authenticity, accuracy, and legality of such information are the responsibility of the information publisher. We do not provide any guarantees and do not assume any legal responsibility. If the above information infringes on the intellectual property rights or other rights of any third party, the information publisher shall bear the responsibility, and we will handle it in accordance with the existing laws and regulations.
  1.                 Without our prior written permission, any unit or individual may not illegally copy, disseminate, display, mirror, upload, download, reprint, quote, link, grab, or use any information content of the TABCUT platform in any way, otherwise, we have the right to pursue its legal responsibility.
  1.                 Without our prior consent, users may not reprint, publish, disseminate, or provide the following contents of the TABCUT platform to the public: (a) all information published on the TABCUT platform; (b) content that has been declared as not to be reproduced or cannot be reproduced without permission; (c) unique graphics, logos, page styles, layout methods, programs, etc. in the TABCUT platform; (d) content that must be specially authorized or requires registered user qualifications to know in the TABCUT platform; (e) other contents that are not allowed by law or deemed inappropriate for reproduction, publication, dissemination, or providing to the public by the TABCUT platform.

 

Section 8. Applicable Law, Jurisdiction, and Others

 

  1.                 If there is a dispute over the services provided by the TABCUT platform or the content of this agreement, we are willing to negotiate a friendly resolution with you. If the negotiation fails, you agree that the dispute shall be governed by the court in the place where TABCUT is located.
  1.                 You agree to use internet information technology to enter into this agreement in the form of electronic data and fully recognize its effectiveness.
  1.                 If any provision of this agreement is deemed invalid, illegal, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this agreement.
  1.                 In order to protect the interests of users and relevant rights holders, the TABCUT platform has provided users and relevant rights holders with rich and convenient online and offline complaint channels in a publicly available manner (including but not limited to the service hotline and WeChat official account displayed on the TABCUT platform). You can contact us through the "Contact Us" at the bottom of the official website page or the "Contact Customer Service" path of the mini program. Based on fair consideration between users and to ensure that user complaints can be processed in a timely manner and avoid being blocked as spam, we refuse to receive and process all network infringement notices sent to our employees in the form of email, and we do not promise to prioritize the processing of infringement notices sent to our employees in the form of email. This notice is hereby given.