YANINGAI Cloud Communication User Privacy and Agreement

YANINGAI Cloud Communication website (website: www.yaningai.com) is provided by operator Ningbo Yanning Technology Co., Ltd. in accordance with the provisions of the "YANINGAI Cloud Communication User Agreement". This agreement has contractual validity.

Before user registration, please carefully read this agreement, review and accept or reject this agreement. If a user has already registered as a website user, it indicates that the user has fully read, understood, and agrees to enter into this agreement with the website, and voluntarily accepts the constraints of the terms of this agreement, especially those significantly marked in bold and/or underlined and/or italicized formats in the content of this agreement.

According to changes in national laws and regulations and website operational needs, the website reserves the right to periodically modify this agreement, with modifications notified to users via system announcements and/or SMS and/or email. Users have the obligation to continuously monitor and read, confirming the latest agreement and website announcements. If users disagree with the updated agreement, they may and should immediately cease accepting services provided by the website under this agreement; if users continue to use the services provided by the website, it is considered acceptance of the updated agreement. The content of this agreement includes the main body of the agreement and all types of rules published by the website. All rules are inseparable parts of this agreement and have the same legal validity as the main body of this agreement. Once users continue to use the website, it indicates that users have accepted and voluntarily comply with the revised terms.

Article 1 Service Overview

The website provides users with products and services displayed on the website ("the Service"), continuously updating service content. The latest services and service rules are based on the relevant product and service introductions displayed on the website and actually provided to users.

Users, also known as website users, are natural persons, legal entities, or other organizations that meet the agreed criteria and register genuinely and legally on the website in accordance with this agreement to reasonably use the website services.

Article 2 Users and Accounts

(1) User Qualification

Users should have full civil rights and capacity, honestly provide registration information to the website, agree that their provided registration information is true, accurate, complete, legal, and valid. If users' registration information changes, they should update their registration information in a timely manner. If users provide illegal, untrue, inaccurate, or incomplete registration information, users bear the corresponding responsibilities and consequences. Upon discovery, the website has the right to immediately terminate services to the user and pursue all legal liabilities related to the user's use of the website services.

(2) Account

1. 2.2.1 After users fill in information according to the registration page prompts, read and agree to these service terms and complete all registration procedures, or when users actually use the website services in other ways allowed by the website, users are bound by these service terms. Users can use their provided or confirmed mobile phone numbers or other methods allowed by the website as login methods to enter the website. Users understand and agree that after completing the registration procedure and successfully registering on the website, users obtain their website account.
2. 2.2.2 When registering and using user account names, users must not have the following circumstances: (1) Violating the Constitution or laws and regulations; (2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity; (3) Damaging state honor and interests, or damaging public interests; (4) Inciting ethnic hatred or discrimination, or undermining ethnic unity; (5) Undermining state religious policies or promoting cults and feudal superstitions; (6) Spreading rumors, disrupting social order, or undermining social stability; (7) Spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crimes; (8) Insulting or defaming others, infringing upon the legitimate rights and interests of others; (9) Containing other content prohibited by laws and administrative regulations. Users understand and agree that if they register accounts with false information, or if account avatars, profiles, and other registration information contain illegal and bad information or infringe upon the legitimate rights and interests of others, the website has the right to take measures such as notification for rectification within a specified period, suspension of use, or account cancellation, and report to the internet information content supervisory authority.
3. 2.2.3 Users understand and agree that to ensure account security and compliance, the website has the right to require users to provide additional identity information and data on the basis of real-name authentication, for further identity authentication or qualification verification. Only after passing these authentications and verifications can users obtain greater permissions to use the service. The user's website account serves as the sole identification basis for all activities conducted by the user on the website. Each account can independently carry out activities on the website, with all rights and obligations fully assumed by the user.
4. 2.2.4 Users must ensure the security of their account and password, and at any time should log in, use, and then leave under secure usage conditions following correct procedures. Users must take responsibility for all actions under their account (including but not limited to purchasing services, posting information, etc.). When the website has reasonable grounds to believe that a user's account behavior is abnormal, it has the right to temporarily or permanently restrict partial or all functions of all products and/or services used under the account. If users discover unauthorized use of their account, they should immediately notify the website effectively. The website bears no responsibility for account fund losses caused by user's own reasons such as password leakage.
5. 2.2.5 Users understand and agree that the website has the right to conduct queries, freezes, or deductions of users' registration information and funds, transactions, and accounts on the website according to the requirements of state organs (including but not limited to public security organs, procuratorial organs, courts, etc.).

(3) Service Fees

1. 2.3.1 Service Pricing
   1. 2.3.1.1 The service charges different fees based on service categories, with specific fee standards displayed on the website page.
   2. 2.3.1.2 The service reserves the right to change fee standards at any time according to operational needs, effective after notification to users as agreed in this agreement. If users disagree with the changed fee standards, they can stop using the service after the original recharge service fees are exhausted; if users have no objections or continue to recharge, it will be considered as agreement and acceptance of the changed fee standards.
   3. 2.3.1.3 Any free trials or free features and services of the service should not be considered as the service waiving subsequent charging rights. The service has the right to notify users of new charging standards as agreed in this agreement, and if users continue to use the service, they must pay according to the charging standards published by the website.
2. 2.3.2 Billing Service
   1. 2.3.2.1 The website provides users with bills for using the service and issues invoices based on the bills.
3. 2.3.3 Payment Methods
   1. 2.3.3.1 Payment of service fees under this agreement adopts a pre-recharge method. Users pre-deposit usage fees through bank transfers and other methods to their service communication account. The service calculates fees based on the services selected by the user, deducting actual usage in real-time. The service will issue fee warnings based on users' prepaid account balances. To avoid interruption or suspension of SMPP, API calls, users need to replenish prepaid fees in a timely manner; otherwise, all risks and responsibilities arising from insufficient account balance shall be borne by the user.
   2. 2.3.3.2 Users who obtain platform gift vouchers through participation in activities and other methods will have fees generated from using communication capabilities preferentially deducted from the voucher account during the voucher validity period. Vouchers not used after expiration will be voided directly.
   3. 2.3.3.3 Unaddressed matters are subject to the service content and pricing instructions for various communication capabilities of the website.

Article 3 User Rights and Obligations

1. 3.1 Users have the right, according to this agreement and relevant rules issued by the website, to participate in relevant activities of the website and enjoy other information and services provided by the website.
2. 3.2 When users conduct browsing, purchasing services, and other activities on the website, involving private information such as user's real name, communication address, contact phone number, and email address, the website will strictly maintain confidentiality.
3. 3.3 After successful user registration, username and password account information will be generated. Users can change their passwords according to website regulations. Users should carefully and reasonably save and use their username and password. If users discover any unauthorized use of their account or security vulnerabilities, they should immediately notify the website and report to the police.
4. 3.4 Users agree that the website has the right to send order information, promotional activities, and other notification information to them via email, SMS, phone, system announcements, and other forms.
5. 3.5 Users may not lend their accounts registered on the website to others for use; otherwise, users shall bear all responsibilities arising therefrom and share joint liability with the actual users.
6. 3.6 Users agree that the website has the right to extract user registration information and account information from the backend to conduct information verification and evidence preservation, including but not limited to notarization and witnessing.

Article 4 User Information Security Commitment

Users understand that this agreement is formulated in accordance with relevant national laws, regulations, and rules, and users obtaining the service agree to strictly abide by the following information security commitments:

1. 4.1 Comply with relevant national laws, administrative regulations, and management rules, and strictly implement information security management regulations. Businesses or applications using the service should ensure compliance with relevant national and local laws and regulations and management rules, and possess legal business operation qualifications and licenses (if required by national competent authorities). They must not engage in illegal, irregular, or activities that infringe upon the legitimate rights and interests of third parties; otherwise, the user bears all responsibilities. If the user's actions violate relevant laws, regulations, and management rules, causing losses to the website party, the website party has the right to demand compensation from the user. This includes but is not limited to compensation or indemnification to the user or other third parties, liquidated damages, fines by competent authorities, litigation fees, attorney fees, notarization fees, travel expenses, and all other costs.
2. 4.2 Do not use communication networks (including but not limited to voice, GPRS, CMNET, SMS gateways, MMS gateways, SMS/MMS information platforms, etc.) to engage in activities that endanger national security, leak state secrets, or other criminal activities. Do not use communication networks (including but not limited to voice, GPRS, CMNET, SMS gateways, MMS gateways, SMS/MMS information platforms, etc.) to create, view, copy, and disseminate information that violates the Constitution and laws, undermines social order and national unity, destroys ethnic unity, or contains pornography and violence.
3. 4.3 Do not use communication networks (including but not limited to voice, GPRS, CMNET, SMS gateways, MMS gateways, SMS/MMS information platforms, etc.) to create, view, copy, and disseminate information that violates the Constitution and laws, undermines social order and national unity, destroys ethnic unity, or contains pornography and violence. Same as above.
4. 4.4 Ensure the authenticity, accuracy, and legality of sent information; Published content must strictly comply with the "Nine Prohibitions on Information Standards" defined by the Ministry of Information Industry, or the five categories of strictly prohibited information specified in the document (Public Security No. [2005] 77) issued by the Ministry of Public Security, while also adhering to national laws and regulations such as the "Regulations on the Administration of Telecommunications in the People's Republic of China," "Measures for the Administration of Internet Information Services," and "Decisions of the Standing Committee of the National People's Congress on Strengthening Network Information Protection." Harmful information should not be released or disseminated, nor should illegal, unhealthy, or reactionary information be distributed through mobile phones as media. No information containing any of the following contents should be published: 1) Opposing the fundamental principles established by the Constitution; endangering national security, leaking state secrets, subverting state power, or undermining national unity; damaging state honor and interests; inciting ethnic hatred or discrimination, or undermining ethnic unity; undermining state religious policies or promoting cults and feudal superstitions; spreading rumors, disturbing social order, or undermining social stability; spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crime; insulting or defaming others, or infringing upon the legitimate rights and interests of others; 2) "Nine Prohibitions": i.e., the nine prohibited information standards defined by the Ministry of Information Industry in the "Notice on the Work Plan for the Special Action to Combat Online Obscenity and Pornography" (MIIT Electric [2007] No. 231): ① Political news information; ② Information endangering national security and social stability; ③ Information leaking state secrets; ④ Information conflicting with current state policies, laws, and regulations; ⑤ Information involving obscenity and pornography; ⑥ Information involving feudal superstitions; ⑦ Information on gambling operations; ⑧ Content that is false or invalid; ⑨ Information that damages social ethics and infringes upon the legitimate rights and interests of others. 3) "Five Categories": i.e., the five categories of strictly prohibited information specified in the document (Public Security No. [2005] 77) issued by the Ministry of Public Security: ① Information falsely claiming to be from banks or UnionPay for fraud or extorting public or private property; ② Information spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crime or teaching criminal methods; ③ Information illegally selling firearms, ammunition, explosives, smuggled vehicles, drugs, mind-control substances, obscene materials, counterfeit currency or invoices, or knowingly selling stolen goods; ④ Information publishing fake prizes, fake matchmaking, fake recruitment, or luring or introducing others into prostitution; ⑤ Information repeatedly sent interfering with others' normal lives, or containing other content violating constitutional, legal, and administrative regulations. 4) Other content prohibited by laws and administrative regulations.
5. 4.5 Mark legitimate and compliant names (signatures) in each short message, without using false signatures; The use of short message service products is limited to internal employee management within enterprises or publishing information related to business to customers meeting standard requirements. The service must not be used for commercial purposes or other purposes not agreed upon in this agreement, must not be provided to third parties through resale, subletting, borrowing, proxy sending, embedding, or other methods; the service must not be used for personal business product promotion and marketing.
6. 4.6 When users send commercial information to customers, they must obtain prior consent from the customers, and provide information services to users on time, in quantity, and with quality according to the agreement; commercial information must not be sent to customers without their consent or request, and if customers consent but later explicitly refuse to receive short messages, sending should be stopped immediately.
7. 4.7 Users need to establish a strict customer complaint management mechanism, and if complaints exceed the standards set by operators, the website has the right to suspend or shut down services according to operator customer complaint management regulations. Users should continuously monitor and comply with various legal rules and regulations issued or modified from time to time by the website. The website reserves the right to delete various types of information content that do not comply with laws, policies, or are untrue without notifying users. If users do not comply with the above regulations, the website has the right to make independent judgments and take measures such as suspending or closing user accounts. Users must bear legal responsibility for their words and actions online.

Article 5 Account Recharge

1. 5.1 When recharging, users should carefully confirm the name, price, quantity, and other information of the purchased goods/services. Consequences resulting from incorrect information entry are borne by the user.
2. 5.2 Successful user recharge establishes a transaction relationship between both parties. The quantity of goods/services provided by the website will be displayed in real-time and deducted in real-time based on actual usage as the recharge amount is consumed. Users can log in to their registered account on the website at any time to check their balance and usage.
3. 5.3 After the transaction is completed, if the user requests an invoice, the website can only issue an invoice based on the transaction facts. All legal responsibilities and consequences arising from the website issuing incorrect invoices or constituting fraudulent invoicing due to false or erroneous information provided by the user shall be borne by the user.

Article 6 Website Rights and Obligations

1. 6.1 The website has the right to directly deduct related service fees from the user's account balance according to the agreed service terms based on the user's service usage. The website provides qualified network technology and information services to users based on the services selected by the user and the payments made.
2. 6.2 The website has the obligation to ensure the normal operation of the entire website based on existing technical levels, making every effort to avoid service interruptions or limit interruptions to the shortest possible time to ensure smooth user activities.
3. 6.3 The website has the right to review user registration information. For any problematic or suspicious registration information, the website has the right to issue a notice to inquire from the user and request the user to provide explanations or corrections.
4. 6.4 Due to the special nature of online platforms, the website does not bear the obligation to pre-review all user publication behaviors and other related matters, but if the following situations occur, the website has the right without the user's consent to restrict user activities, verify relevant information with the user, issue warning notices, temporarily suspend, indefinitely suspend, or refuse to provide services to the user: A. The user cancels certification under a non-natural person name or is revoked or cancelled by a competent authority. B. The user violates this agreement or related rules incorporated into this agreement. C. Other users or third parties notify the website that a specific user or specific activity or behavior involves illegal or improper conduct and provide relevant evidence, but the website cannot contact the user for verification or authenticate any information provided by the user, or clearly believes based on general non-professional knowledge that such content or behavior may cause financial losses or legal liabilities to third parties or the website.
5. 6.5 According to national laws, regulations, administrative rules, the content of this agreement, and the factual basis possessed by the website, if it is determined that the user has engaged in illegal or agreement-violating behaviors or other improper behaviors on the website, the website has the right without the user's consent to publish the user's illegal behaviors in the form of network releases on the website and has the right to at any time stop all activities and related information of the user, terminate service provision, and suspend the account.
6. 6.6 The website, based on this agreement and related rules, may freeze funds within the website account. After freezing the account funds, the user will be notified via email, internal messages, SMS, or phone to appeal according to the corresponding procedures. If the user appeals as required and is approved by the website, the website will immediately lift the fund freezing measures; if the user fails to appeal within the specified time or the appeal is not approved by the website, the user acknowledges that the website has the right to freeze the funds for an extended period.
7. 6.7 The website has the right, without notifying the user, to delete or take other restrictive measures on the following information: including but not limited to information intended to avoid fees; content that is fraudulent, malicious, or false; other factors attempting to disrupt normal activity order; violations of public interest or potentially serious harm to the legitimate interests of the website and other users.

Article 7 Service Interruption and Termination

1. 7.1 The website may terminate services to the user based on this agreement (including but not limited to the website's belief that the user has violated this agreement and related rules or engaged in illegal activities). It has the right to retain all user information on the website (including but not limited to user information and activity information). Simultaneously, the website also has the right to notify the user and stop providing all or part of the services at any time based on this agreement. After service termination, the website has no obligation to forward any unread or unsent information to the user or third parties.
2. 7.2 If a user applies to terminate website services, it must be reviewed and approved by the website to dissolve the agreement relationship with the website, but the website still retains the following rights: A. The website has the right to retain user information within the timeframes specified by laws, regulations, and administrative rules, including but not limited to previous user information and activity records; B. If the user engaged in illegal activities or violated this agreement on the website before service termination, the website may still exercise the rights stipulated in this agreement.
3. 7.3 Under the following circumstances, the website may terminate services to the user: A. When a user violates this agreement and related rules, the website has the right to terminate services to the user. The website will notify the user when interrupting service. However, if the user is terminated from service by the website and subsequently registers as a website user directly or indirectly or under another person's name, the website has the right to unilaterally terminate services to the user again; B. If the website discovers that the main content of the user's registration information is false, the website has the right to terminate services to the user at any time; C. When this agreement is terminated or updated and the user does not confirm the new agreement; D. Other circumstances that the website deems necessary to terminate services.

Article 8 Scope of the Website's Liability

When a user accepts this agreement, the user should clearly understand and agree:

1. 8.1 The website cannot foresee any technical problems or other difficulties at all times. Such difficulties may lead to data loss or other service interruptions. To handle service interruption matters, the website may switch the original dedicated communication channel (if any) to a normally available shared channel, and the user understands and accepts this. Users have the right to file complaints with the website regarding service interruptions or service channel switches.
2. 8.2 For profits, reputation, usage, data losses, or other intangible losses caused by the following reasons, the website does not bear any direct, indirect, incidental, special, derivative, or punitive compensation (even if the website has been informed of the possibility of such compensation): A. Use or inability to use the website; B. User's transmission or data being accessed or altered without authorization; C. Any declarations or actions of any third party on the website; D. Other related matters of the website.
3. 8.3 Users should understand that the service is provided only as it currently appears. The service involves internet and related communication services, which may be affected by various unstable factors at different stages. Therefore, the service is subject to risks of service interruption or failure to meet user requirements due to force majeure, computer virus or hacker attacks, system instability, user location, user shutdown, communication network, and internet reasons. Users activating the service must bear the above risks, and the website assumes no responsibility for issues such as users' inability to send and receive messages, transmission errors, personal setting timeouts, non-storage, or other problems. The website assumes no guarantee responsibility for the legality, authenticity, quality, and fulfillment capability of activities posted by users.
4. 8.4 The website provides links to other websites or resources on the internet. Users may link to websites operated by other operators through these links, but this does not indicate any relationship between the website and these operators. Websites operated by other operators are solely responsible for their own operations and are not within the control and responsibility of the website. The website does not guarantee or take responsibility for any content, advertisements, items, or other materials present or derived from such websites or resources. The website assumes no direct or indirect responsibility for any damage or loss resulting from the use of or reliance on any content, items, or services published on or obtained through such websites or resources.
5. 8.5 Regarding information published by users using the service, the website has the right to filter communication information based on relevant national laws and regulations. If the website discovers that user-sent content clearly violates national laws and regulations, it has the right to take actions including but not limited to persuasion, interception, and reporting to relevant departments. The website also has the right to review user-provided application products and content, including but not limited to content review, functional testing, and security testing. If it is found that the user's application products do not comply with national laws, regulations, and policy requirements, or may infringe upon the legitimate rights and interests of others or contain advertising information for third parties, or other non-compliant situations, the website has the right not to provide services; for services already provided, the website has the right to immediately cease continuing to provide services and preserve relevant records for reporting to relevant supervisory departments. However, this agreement does not constitute the website providing legal guarantees for the user's application products; users should provide their own guarantees for the application products and bear all responsibilities arising therefrom.
6. 8.6 The website operator values the protection of user privacy, and privacy protection is a basic policy of the website operator. The registration information provided by you and several other personal data retained by the website operator company regarding you will be regulated by Chinese privacy laws and our company's "Privacy Protection Statement".
7. 8.7 When you use the website operator service, the website operator has the right to use digital codes, universal unique identifiers, cookies, or other technologies to identify the computer accessing the service. The website operator may utilize the obtained information for overall and anonymous statistical analysis of service usage, and the resulting data can be used by the website operator or its partners. Computer identification technology will also be used to execute relevant service terms.

Article 9 Ownership and Intellectual Property Terms

1. 9.1 Except for third-party products or services, all content on the website, including but not limited to works, pictures, files, information, data, architecture, page design, and source code, their intellectual property rights, including but not limited to trademark rights, patent rights, copyrights, and trade secrets, all belong to the website. Without the website's written consent, no one may use, modify, reverse engineer, copy, publicly transmit, alter, distribute, or publicly publish programs or content on the website without authorization.
2. 9.2 The information materials published on the website (such as text, charts, logos, button icons, images, sound file clips, digital downloads, data editing, and software) are the property of the website or its content providers and are protected by Chinese and international copyright laws. The compilation of all content on the website is the exclusive property of the website and is protected by Chinese and international copyright laws. All software on the website is the property of the website or its affiliates or software suppliers and is protected by Chinese and international copyright laws.
3. 9.3 Unless otherwise stipulated by mandatory legal provisions, without the website's explicit special written permission, no unit or individual may illegally copy, reproduce, quote, link, grab, or otherwise use the website's information content in whole or in part in any manner; otherwise, the website reserves the right to pursue legal responsibility.

Article 10 Liability Limitation and Disclaimer

1. 10.1 Unless otherwise explicitly stated in writing, all information, content, materials, products (including software), and services contained in or otherwise provided to users through the website are provided on an "as-is" and "as-available" basis.
2. 10.2 Unless otherwise explicitly stated in writing, the website does not make any express or implied representations or warranties regarding its operations and the information, content, materials, products (including software), or services contained on the website (except as otherwise provided by the laws of the People's Republic of China).
3. 10.3 The website does not guarantee that all information, content, materials, products (including software), and services contained in or otherwise provided to users or information recipients through the website, its servers, or electronic mail and information sent from the website are free of false, viral, or other harmful components.
4. 10.4 In the event of force majeure or other causes beyond the website's control leading to the collapse or unusability of the website sales system, resulting in online transactions being unable to complete or losing relevant information and records, the website will reasonably endeavor to assist in handling post-processing matters.

Article 11 Agreement Integrity and User Attention Obligation

The website requires users to read this agreement and the website's announcements before using the service. If any provision of this agreement is deemed invalid, void, or unenforceable for any reason, such provision shall be considered severable and shall not affect the validity and enforceability of any remaining provisions.

Article 12 Legal Jurisdiction and Applicability

The establishment, execution, interpretation, and resolution of disputes regarding this agreement shall apply to the effective laws applicable in the Mainland of the People's Republic of China (excluding its conflict of laws rules). If any provision of this agreement conflicts with applicable laws, these terms will be completely reinterpreted in accordance with legal provisions, while other valid terms remain effective. If either party has any disputes or disagreements regarding the content of this agreement or its implementation, both parties should endeavor to resolve them through friendly negotiation; if negotiations fail, the user agrees to submit the dispute to the district court where the website operator is located for litigation.

Article 13 Appeals and Notifications

1. 13.1 During the process of users using the website and establishing transaction relationships, users have the right to file appeals according to the corresponding procedures. When users file appeals through the appeal procedure to the website, they should provide identity certificates and relevant data or information truthfully according to the requirements of the website for verification. Users should fully understand that their appeals are not necessarily allowed, and the website has the right to decide whether to agree to the user's appeal request according to its own judgment.
2. 13.2 Users understand and agree that the website may, according to its own judgment, issue notifications to users through webpage announcements, system announcements, internal messages, emails, mobile SMS, or regular mail delivery methods, and the website can rely on the contact information provided by the user being complete, accurate, and current; the above notifications are considered delivered to the recipient on the date of dispatch. Unless otherwise agreed in these service terms or the notification method is clearly specified in agreements separately signed between the website and the user, notifications from users to the website should be delivered through the officially published communication addresses, fax numbers, email addresses, and other contact information of the website.

Article 14 Others

1. 14.1 The website owner refers to the website operator Ningbo Yanning Technology Co., Ltd., which is legally licensed or registered by government departments.
2. 14.2 The website respects the legitimate rights of users and consumers. This agreement and various rules, statements, and other content published on the website are all designed to better and more conveniently serve users and consumers. The website welcomes opinions and suggestions from users and all sectors of society, and will humbly accept and appropriately modify this agreement and various rules on the website.
3. 14.3 Clicking the "Agree" button below this agreement is considered as the user fully accepting this agreement. Before clicking, please confirm that you have been aware of and fully understand all the contents of this agreement.
4. 14.4 The website has the final interpretation rights over this service agreement and the various rules formulated based on this service agreement to the maximum extent allowed by law.
5. 14.5 Effective date of this Service Agreement Policy: May 31, 2023.