Last updated:2019/01/03
This Terms of Service (this “Agreement”) constitutes part of a binding agreement between Sungy Mobile Limited (“we”, “us”, or “our”) and each end user (“you” or “your”) regarding your downloading, installation and use of our mobile software ( the “App” or “Software”) and related services ( the “Service” or “Services”). YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE ARE CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.
1.1 We grant you a temporarily, non-exclusive, limited, personal, non-transferable, revocable license to use and download the App, without the right to sublicense, under the following conditions: 1.1.1 you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way; 1.1.2 you shall use the App for lawful purposes only; 1.1.3 you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App; and 1.1.4 you shall not 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 App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
1.2 You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Services provided.
1.3 You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
1.4 We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
2.1 The App is developed by us independently. You acknowledge and agree that we retain 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, music, 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 Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we reserve the right to undertake appropriate steps against copyright offenders.
2.3 Your use of the Service is conditioned upon your agreement not to use the Service to infringe the intellectual property rights of others in any way. We may terminate its engagement with any user who is suspected of infringing the copyrights, or other intellectual property rights, of others, or may, at our sole discretion, take other actions against such users. In addition, it is our policy, in appropriate circumstances, at our discretion and in accordance with applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
3.1 Some of the Services (e.g. listening and downloading paid meditations, music, and using other advanced features) provided by the Software will need to be paid for use (“Paid Services”), but we will provide a free trial period for use. You may choose our monthly package and annual package for the Paid Services. Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. For Paid Services, we will obtain your consent before collection of payment. In the future, the Software may comprise further Paid Services. If you already subscribed the Paid Services during the period the further Paid Services is updated, you will be able to use the further Paid Services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; 2) you update the Software as may be required to use the further Paid Services.
3.2 For any Paid Services offered by us, you accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method.
3.3 We could modify about our payment policy according to practical needs. Some free services may become Paid Services in the future. If the fee is not paid on time and in full, you will no longer be able to use the Paid Services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
Use of the Software is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the policy carefully and use it to make informed decisions.
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
6.1 You acknowledge and agree that the Software and the Services may have potential risks like service interruption, failure to respond to users’ 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 we be liable for any risks stated above.
6.2 We are 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 In view of business development and adjustment, we reserve the right to amend or terminate Services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
6.4 The software which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installation, and user this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
6.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
7.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
7.2 Unless we unilaterally terminate this Agreement or you terminate this Agreement as stated above, this Agreement (including the updated agreement following) will remain effective.
7.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have no need to send your additional notice.
7.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on need of operation and development. Such amendment will be notified or published at the interface of the App once it is updated. Your continuous use of the App will be deemed as your acceptance of such update.
The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of these Terms and other related legal documents in order to guide you to use the App in a correct way.
10.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
10.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
10.3 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.
10.4 The validity and interpretation of this Agreement is applicable to laws of the PRC. If any provision in this Agreement conflicts with the 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 us and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission in accordance with its then current Arbitration Rules.
10.5 We reserve the final interpretation right on this Agreement.
10.6 If you have any comments on the App and Services or this Agreement, you may contact us at: relaxteamfeedback@gmail.com , and we will use our best efforts to provide you with timely and necessary assistance.