Terms of Service

Effective date: July 19, 2024

These Terms of Service (including all updates, supplements, additional terms thereto, the “Terms” or the “Agreement”) are between you (also called the “User”) and OPENINSTALL GLOBAL LIMITED and its affiliates (” openinstall “or” we “), Agreement for your use of the Services provided by us. Please read, fully understand and abide by this agreement before using the services provided by us. When you register and log in to this website by checking the “agree” method, you agree to be bound by this and other terms and service guidelines. If you do not agree to this Agreement, please terminate your registration as an openinstall user. After termination of registration, you will not be able to use the services provided by us. This Agreement enters into force when you register as our user. Since the date of you become openinstall users to you under this agreement way inform us of the cancellation of the date of your account during the period, this agreement will be fully constraint and regulate the rights and duties in the relationship between you and us. We will strictly in accordance with this agreement to provide our service to you.

In addition to this Agreement, openinstall will publish other rules and policies, such as the《Privacy Policy》. For other rules and policies published by openinstall, the corresponding rules and policies shall prevail, and for matters not mentioned in the corresponding rules and policies, this Agreement shall prevail.

We have the right to comply with laws and regulations, and, when necessary, to modify this agreement. Please pay attention to the changes of this Agreement from time to time. If you continue to use our Services after the announcement of changes in the content of this Agreement, you will be deemed to have accepted the revised Agreement; If you do not accept the revised Agreement content, you have the right to stop using our services.

By creating an account and use our services, you agree to accept and bound by the terms and conditions of this agreement.

A, definitions,

1. openinstall Platform: refers to the service platform owned, controlled and operated by us.

2. Openinstall service: refers to by openinstall development and operation channels for mobile and application of statistics, data statistics and analysis, etc.

3. Your end user: refers to the use of your product or service to the end customers.

Ii. Account registration and security

1. Account registration

You acknowledge that before you register to use openinstall Services, you should have the appropriate legal capacity for civil conduct in accordance with your conduct. If you do not have the aforesaid capacity for civil conduct compatible with your behavior, you and your guardian should bear the corresponding consequences in accordance with the law.

In order to provide you with the corresponding services, you should provide your E-mail address and mobile phone number authentically, accurately and effectively in accordance with our requirements, so that we can communicate with you.

In order to ensure that you provide the validity of the information, when you ought to be changed in the related information is updated in a timely manner. In accordance with relevant legal requirements, we will check the information you provide accordingly to ensure its timeliness, authenticity and integrity. As we according to the information you provide is not contact you, you will do so for you, others, and all the losses resulting from the openinstall and adverse consequences.

You should use your real identity information to authenticate and register your account, and no illegal and bad information shall appear in the registration information such as your account name, profile picture and profile information submitted by you. If the above situation exists, openinstall will not register; At the same time, after registration, if the user is found to cheat the account registration with false information, or there is illegal and bad information in the registration information such as the account name, avatar and profile, openinstall has the right to unilaterally take measures such as correcting within a time limit, suspending the use, cancelling the account, and reclaiming the account without notice.

2. Account usage

Since your openinstall account is associated with your personal information, enterprise information and openinstall business information, your account is only for your own use.

You can be used in the scope of this agreement openinstall account, without the consent of the openinstall, you shall not borrow, gift, lease, sell, or any other way to your openinstall account paid or unpaid license to any third party to use, otherwise, you shall bear the resulting any liability on his own.

3, account security, and application of information security

Your account for you to set up and kept by the you, openinstall all times will not take the initiative to ask you to provide your account password. Account password for your active disclosure or others to steal behavior such as a result of losses and consequences, shall be borne by your own.

If your account information is lost due to your personal reasons, if you need to find your account information, please provide the corresponding information in accordance with the openinstall account recovery process, and ensure that the information provided is legal, true and effective. If the information provided does not meet the requirements and cannot pass the security verification, openinstall has the right to refuse to provide account recovery services.

With you with your account, all the behavior results (including but not limited to all kinds of agreement, release information, purchase, use the product or service, and disclosure of information, etc.);

According to relevant laws and regulations, openinstall on your registration information strictly confidential, in addition to cooperate with the state organs based on network security management and network illegal investigation, even facing openinstall staff, openinstall will also on your registration information, developers authentication information encryption processing after the show, To ensure the security of your information.

openinstall strictly protects your trade secrets in accordance with relevant laws and regulations. In addition to cooperate with the state organs based on network security management and network illegal investigation, openinstall will not take the initiative to view your application information, this information includes but not limited to, application information, installation and user distribution statistics, etc.

Exceptions: developers violated openinstall terms of service and privacy policy; For the purposes of public safety; In response to the requirements of the relevant national network and information security departments and judicial organs in accordance with the requirements of investigation and evidence collection.

4. Account recovery

If you have not used your openinstall account to log in for 12 consecutive months, openinstall has the right to cancel the account, delete the user information and user product related data, and you will no longer be able to log in and use the relevant services through the account.

5. account cancellation

You should be aware that logging out of your openinstall account will cause you to permanently lose access to the account and the data in it. We will verify your identity and in consultation with you after dealing with the assets in your account, provide account cancellation of service for you. You remain responsible for your actions prior to the account cancellation and during the period of use of the openinstall Service.

Iii. Service Content

Openinstall to provide customers with services include but not limited to:

1. Install the App with parameters

2. H5 channel statistics

3. Quick installation and One-Click Launch

Openinstall keep timely to change openinstall services, upgrade, modify, transfer, suspension, termination of rights; openinstall further reserves the right to develop new modules, functions or other services in the openinstall service. The provision of all new modules, functions, services, etc., as described above, remains subject to this Agreement unless otherwise stated by openinstall.

Iv. Fees

Our services are divided into free services and paid services, specific will be subject to our platform released news. When you use our paid services, you should pay the fees in accordance with the billing standards and methods announced by us.

openinstall reserves the right to change the pricing method and rate at any time, except where a written agreement has been signed to determine the price.

If it involves recharge services, you can check your account recharge, consumption and balance by logging in through your account. If you have any objection to the account recharge, consumption and balance information, you can give us feedback within seven days after the transaction, otherwise it will be regarded as the default account transaction information.

Five, the rights and responsibilities of both parties

(a) our rights and obligations

1. We have a partnership with you and provide the corresponding service for you, and provide the necessary technical support for you, for technical testing and improve the user experience, etc.

2. If according to legal requirements, we need to remove your access to data on our platform, we shall have the right to delete your information.

3. Due to the development of business requirements or laws and regulations, we shall have the right to adjust the range to provide service for you, before the adjustment we’ll let you know in a reasonable amount of time.

4. We will take all kinds of industry standard of physics, electronics and management from security measures to protect you and your end user’s personal information security, to avoid the risk of data leakage.

(2) your rights and obligations

1. You shall not do anything that will affect or damage the security of our system, nor impair the legitimate rights and interests of us or other third parties.

2. You shall not take any action that imposes or is likely to impose an unreasonable or disproportionately large burden on our infrastructure.

3. You should fully and completely read the openinstall《Privacy Policy》.

4. You need to make to your end user’s privacy policy, and shall not be lower than our privacy protection standards, and you have on the basis of our《Privacy Policy》in your privacy policy documents for end users to express your deployment in the APP openinstall SDK to collect the objective, way and scope of the use of personal information.

5. You promise that your end users will be aware of the collection, use and disclosure of their personal information by us in accordance with this Agreement and the Privacy Policy. If your violation of the relevant privacy policy results in any claim or claim of any kind by your end users against us, or will lead us to be involved in legal or administrative proceedings, you will be responsible for the full settlement and compensate us for any form of loss that may be suffered by us as a result.

6. You promise and guarantee that the data content you provide to us has a legal source (including but not limited to having obtained the full and effective authorization of the right holder), does not infringe on the legitimate rights and interests of others (including but not limited to the right to privacy), and does not violate any laws and regulations.

7. You should guarantee the authenticity and validity of the personal information you provide and not infringing on the legitimate rights and interests of any third party organization or individual. If the information you provide there are any errors, inaccurate, out-of-date or incomplete or infringes upon the lawful rights and interests of a third party, we have the right to suspend or terminate provide service for you, or limit your use of openinstall part or all of the functions of services provided, you assume all liability for damages.

8. You shall not use any data mining, robotics or similar data collection and extraction tools to collect information about the openinstall platform or users

9. Don’t copy, imitation, modify, adapt, sell, license or transfer openinstall service or related software.

10. Don’t reverse engineering, disassembly, decompiled, decomposition, remove the other way or trying to find openinstall service or software source code.

Six, intellectual property rights

1. We own the ownership and intellectual property rights of all content on the openinstall Platform, including but not limited to images, text, website design, layout arrangement and any derivative works related to it. No one may use, modify, copy, publicly disseminate, change, disseminate, distribute or publicly publish any content on our Platform without the written consent of us or the right holder.

2. You hereby grant us the right (in whole or in part) to use, reproduce and display the trademarks, names, logos, domain names and other commercial marks related to Users and their products for the purpose of promoting related products, services or related brands.

3. Openinstall granted to users with limited, a non-exclusive, can terminate and not distribute license, is limited to users in their access to and use of openinstall service, allows users to access to the openinstall clearly authorized or other user information; But openinstall is entitled to under the condition of the advance notice to restrict, constraints, or prohibit the user use openinstall services in whole or in part.

4. We enjoy all rights of openinstall platform operating data, including but not limited to, the login information, operation records, such as service order data. Under the condition of without our prior written approval, you shall not, without approval, storage, use or authorize others to use the operational data.

5. For us to provide the service for you in the process of using, the collected data, you agree and authorize we enjoy worldwide permanent, free, not, allow the licensing of proprietary rights, including not limited to, based on industry and macro USES for the data processing, mining, analysis, and shall have the right to the release of any form data analysis results, Provide to third parties or reuse them.

Vii. Liability for breach of contract

1. Users shall use openinstall services in accordance with the requirements of this Agreement and within the scope of openinstall’s license; User shall be liable for breach of contract if he/she violates any of the terms and conditions of User commitment and warranty in this Agreement.

2. If we find that you are suspected of violating the agreement, we have the right to take one or more of the following measures based on our reasonable judgment:

2.1 Require users to replace and modify the content within a time limit;

2.2 Restrict or suspend users from using openinstall services;

2.3 Terminate users from using openinstall service;

2.4 other processing measures that openinstall deems appropriate.

3. As a result of your violation of the relevant laws and regulations or the provisions of this agreement, the related rules, make openinstall suffered any loss, by other users, to any third party claim or any administrative departments of punishment, you deal with openinstall, other users or relevant third party to full compensation for actual loss. In any case, openinstall resulting from this agreement you or any third party for any indirect, consequential, incidental, special or punitive damages responsibility.

Viii. Disclaimer

1. openinstall is not responsible for failure to save, modify, delete or store user information and user product related data.

2. We do not guarantee the accuracy, completeness, validity and timeliness of the relevant analysis reports, crowd tags, crowd portraits and related data content in our services, nor do we guarantee that our services can meet your needs. We are not responsible for the results of any behavior you make based on the use of our services.

3. openinstall will do its best to provide security measures based on the existing technology to ensure the security and normal operation of the service. For any force majeure events that affect the normal operation of the network due to government actions such as changes in policies or regulations, natural disasters or wars, interruption of communication lines, hacker attacks, intrusion or attack of computer viruses, technical adjustments of telecommunications departments, changes in the basic environment of Internet software and hardware operation, temporary shutdown of websites caused by government regulation, etc. As well as others intentional destruction, normal system maintenance, system upgrade, or due to network congestion caused by the website can not access the information and data provided by this website caused by the delay, stagnation or error, and users are not responsible for all losses.

4. Your use of the Service and any content uploaded, stored, published and shared through the openinstall platform, including but not limited to data, text, text, pictures, images or descriptions (hereinafter referred to as “User Content”), must comply with relevant national laws and regulations, social policies and public order and good customs. If your use behavior or user content uploaded, stored, published or shared is illegal, whether it is found by us or notified by regulators or reported/complained by other users, we have the right to immediately suspend or terminate the Service to you at our discretion. You shall be responsible for the responsibilities and consequences resulting therefrom, and openinstall shall not be liable for any responsibility.

5. openinstall, as a service provider, has the right to deal with illegal user content in accordance with the requirements of relevant laws and regulations. openinstall shall not assume any responsibility for such illegal or infringement acts performed by you or others, except for the responsibilities explicitly required by laws and regulations. The liability for infringement shall be borne by the infringer.

6. Unless otherwise expressly provided by law, under no circumstances shall openinstall be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits suffered by Users through the use of openinstall Services.

7. If we are required to delete all or part of the models and data you access to our platform according to relevant laws and regulations or legal procedures, government mandatory orders or judicial rulings, we have the right to delete your relevant information without any responsibility.

Ix. Termination and Transfer of the Agreement

When you stop and do not continue to use our Service, or after the service is stopped, we cannot contact you through the contact information provided by you, and you fail to provide a new effective contact information within a reasonable time, openinstall has the right to terminate the service to you.

When your behavior violates laws and regulations or the relevant provisions of this Agreement, we have the right to terminate this Agreement or suspend our services, and require you to stop the illegal behavior immediately.

After the termination of this Agreement, we have the right to decide whether to save all kinds of data and information you retain on our platform. You do not have the right to ask us to retain or forward any information in your account to you or any third party.

Regardless of the reason for termination of this Agreement, you must assume full and independent responsibility for any liability arising from your actions prior to such termination.

We shall have the right to assign all of our rights and obligations under this Agreement to our affiliates. In the event of such transfer, we will notify you by means of notice on the website, notice on the website, E-mail, etc.

X. Customer Service and Notification

If you have any doubts or other related matters in the process of reading this Agreement, you can send an email to openinstallglobal@gmail.com to ask, we will answer you as soon as possible.

openinstall can notify users by web notice, email, station notice, mobile phone SMS and other ways; Such notices shall be deemed to have been delivered to the addressee on the date they are sent.

Customer’s notice to openinstall shall be delivered through openinstall’s official mailing address, E-mail address, and other contact information.

Xi. Interpretation of this Agreement, application of law and dispute settlement

1. openinstall reserves the right to interpret and modify the terms of this Agreement.

2. The signing, validity, performance, termination and interpretation of the terms and rules of this Agreement shall be governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China.

3. The User and OpeninstallGlobal agree that any dispute arising from the use of OpeninstallGlobal Services shall be settled through negotiation. If negotiation fails, the dispute shall be governed by the court where OpeninstallGlobal Platform Company is located

openinstall@openinstallglobal.com

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