Welcome to the software service of GTS!
This Agreement is entered into between you (or “User”) and Shenzhen General Testing System Co., Ltd. (or “we”) in relation to the software services provided by General Testing System (hereinafter or referred to as the “Software”).
Before using this Software, please kindly read carefully and fully understand the terms of this agreement, especially the limitation or exemption of liability clauses, privacy protection policies, applicable laws and dispute resolution clauses (including jurisdiction clauses) as well as other important terms that are explicitly reminded to your attention in bold and black and / or underlined. Please be sure to focus on such terms.
If you do not agree to this agreement, you have full and complete rights to quit using this Software (but this does not prevent you from browsing the information in the Software), and your actual use of this Software is deemed to be that you have read, understood and agreed to accept this agreement. If you have any question, suggestion, comment and complaint about this agreement, you are welcome to communicate with us through the contact information attached to this agreement, and we will be happy to get back to you ASAP.
1 Basic conventions
1.1 Scope of this Agreement: Considering the industry characteristics such as frequent product updates, in order to more comprehensively define the rights and obligations between you and us, this agreement includes other policies, rules, announcements and statements that we have formulated in accordance with laws and regulations and this agreement. (unless specifically stated, collectively referred to as the “Agreement”), you shall also abide by it.
1.2 Scope of Service: We may provide you with the software services under this Agreement through constantly enriching functional interfaces, which are subject to the scope of service functional interface launched in real time.
1.3 Modification and update: We have the right to modify this agreement when necessary in accordance with laws and regulations (including formulating and publishing other policies, rules, announcements and statements in a timely manner). The updated terms of the agreement will replace the original agreement and will and take effect after the expiration of the period specified by law. You have right to check the latest version of the terms of the agreement on the relevant service page. After this agreement is revised, if you continue to use the software services, it is deemed that you have accepted the revised and modified agreement. If you do not accept the modified agreement, you have the right to stop using the software.
1.4 This Software grants the user a non-transferable (unless otherwise stated in this agreement) license to use the Software services, and the user shall use this license in the manner stipulated in Article 3.2.7 of this agreement.
1.5 In order to improve the service and ensure the safety and stability of the operation of the Software, we will repair, maintain, upgrade or optimize the Software from time to time. After the software is updated, upgraded or optimized, there will be changes in functions and operations, which may make some functions of the original Software to be unavailable. For the updated, upgraded or optimized Software, you need to download the update yourself through the official channels we provide to you. Please be aware that the Software will not be automatically updated during use. If you fail to update the software in time, the relevant functions cannot be used. We shall not bear any responsibility for this.
1.6 Unless otherwise expressly stipulated in this agreement, any new functions added or enhanced in this Software (including new products launched) are subject to the specifications of this agreement. You understand and agree that the services, products and materials of this Software are only provided according to the current conditions, and this Software clearly declines to express or imply any guarantee for “services”, “materials” or “products”, etc. directly or indirectly. We are not responsible for any incidental or consequential damage arising from “services”, “products” or “materials”.
2 Software service content
2.1 This Software provides you with a toolkit of services. You can download, install, and open the functions of the Software you have purchased through the Software encryption lock we provide for you.
2.2 We has established a convenient and effective complaint and reporting mechanism and will do its best to handle your complaints and reports in a timely manner. At the same time, when you have a dispute in the use of the Software, if you agree to the dispute resolution rules of the Software, we will also assist you with your dispute. You agree that GTS has the right, as an independent third party, to independently make mediation decisions based on the facts of the dispute and the dispute resolution rules of this Software, with the level of awareness of ordinary people. If you are not satisfied with the mediation decision, you still have the right to resolve the dispute through other legal dispute resolution channels, but you agree to perform the mediation decision before obtaining a final decision through other dispute resolution channels.
2.3 You understand and agree that the specific content, functions and forms of the Software are provided according to the actual situation and in an actual and visible state, and we have the right to determine the specific content, functions and forms of Software services (for example, we may only provide services in specific countries or regions in specific languages), and have the right to add, change, interrupt and stop the specific content, functions and forms of this Software. The specific content, function and form of the service presented in real time by this Software shall prevail.
3 User Code of Conduct
3.1 You promise to use this Software service reasonably and accept this agreement and other policies, rules, announcements and statements formulated and released by GTS in a timely manner.
3.2 Prohibition: You may use the Software and services within the scope of this agreement, and you may not use the software to engage in the following behaviors:
3.2.1 Use the Software service beyond authorization or maliciously;
3.2.2 Use this Software to infringe on the intellectual property rights, portrait rights, privacy rights, reputation rights, personal information and other legal rights or interests of others;
3.2.3 Conduct any behavior that endangers computer network security, including but not limited to: using unauthorized data or entering unauthorized servers/accounts; Entering public computer networks or other people’s computer systems without permission and deleting, modifying, adding stored information; Without permission, attempt to probe, scan, test the weaknesses of the Software system or network, or perform other acts that damage network security; Attempt to interfere with or destroy the normal operation of the Software system, and intentionally spread malicious programs or viruses, and other behaviors that disrupt and interfere with normal network information services; Forge the name or part of the name of the TCP/IP data package; Use this software and service to upload any virus, and other content that endangers network health;
3.2.4 Reverse engineer, reverse compile or reverse assemble the software or otherwise attempt to discover the source code and algorithms of the software, modify, disable any function of the software or create derivative works based on the software without permission. Remove any proprietary statement or label from the Software or documentation, or merge other software with the Software;
3.2.5 Conduct any behavior that undermines the fairness of our services or otherwise affects the normal order of the application;
3.2.6 Engage in acts prohibited by laws, regulations, policies, public order and social morality, and acts that violate the legitimate rights and interests of other individuals, companies, social groups, and organizations.
3.2.7 You should correctly configure and use this Software product/service. You declare and guarantee that you will not use this Software in an unofficial way, such as purchasing authorized software through unofficial channels, using functions beyond the authorization by illegal means, and your user behavior will not cause damage to our and/or our related parties’ relevant systems, nor will it cause damage to us and/or our related parties or other third parties. In particular, it needs to be stated that your use of this Software product/service should be based on the Software encryption lock we provide for you. For the security vulnerability caused by your failure to use this Software product/service in accordance with the requirements of this clause, you should be responsible for the relevant consequences. If it causes losses to us, we reserve the right to claim damages from you. For example, regarding our investigation and evidence collection, you are obliged to cooperate with us to provide the relevant information of the party who provides unauthorized software encryption lock to you.
4.1 It is our consistent attitude to respect user privacy and protect the security of your personal information. This Software will take reasonable measures to protect your personal information and privacy. We promise that unless the user agrees, this Software will not collect or use the user’s personal information unless necessary or use the information for purposes other than providing services.
4.2 Security protection: We will use various security technologies and schemes to establish a solid management system to protect your personal information and privacy from unauthorized access, use or disclosure.
4.3 Information use and disclosure: We have the right to obtain, use, store and share your personal information in an explicit manner on the premise of complying with laws and regulations. We will not edit or disclose your personal information and your non-public content saved in this Software without your authorization. You agree and guarantee: this Software has the right to collect and use your relevant information in accordance with the personal information protection rules we have formulated.
5 Intellectual property rights and other rights
5.1 All rights not expressly granted are owned by GTS. We have corresponding rights to the materials contained in this Software that are protected by intellectual property rights or other laws. Except for content that is copyrighted by users according to law, the intellectual property rights of the overall contents on the platform belong to GTS or its affiliates.
5.2 Complaints or reports regarding the content of the information: If you are inadvertently infringed upon your legitimate rights and interests when using this software, you have the right to notify GTS to take necessary measures to deal with it. If you find any violation of laws or regulations or the relevant rules of this service when using this Software, you also have the right to report to GTS, and we will take necessary measures (deleting, blocking or restricting the use of functions, etc.) in a timely manner to deal with it.
5.3 Authorize the content rights protection measures: To the extent permitted by laws and regulations, you agree and authorize GTS to take any form of legal action, including but not limited to complaints and lawsuits for acts that violate your legitimate rights and interests (including but not limited to unauthorized copying, use, editing, plagiarism, etc.). and other necessary measures.
6.1 When you accept the Software and services, you may be exposed to unpleasant, inappropriate or disgusting contents, and we shall not be liable for any such content under any circumstance. For whatever reason, we shall not be liable for any direct, indirect, incidental or consequential loss or liability for any transaction or conduct not directly made between you and GTS.
6.2 The Software does not have the obligation to store any data, information, etc. generated or used by you when using the Software. You should properly keep your data and information, and you shall be responsible for all losses caused by the omission of data and information.
6.3 Please follow the User Manual of this Software. All losses due to your mis-operation or improper use, you shall bear the liability.
6.4 The Software provide users with high-quality services, but it cannot guarantee that all services will meet the user’s requirements, nor guarantee that the services will never be interrupted.
6.5 The information released by this Software may not contain the latest information related to GTS’ business. The information provided in this Software is for reference only.
6.6 The user expressly agrees that the risks existing in the use of this Software service will be entirely borne by yourselves. All consequences arising from the use of this Software are also borne by yourselves.
6.7 To the extent permitted by applicable laws, neither party shall be liable to the other party for any loss or damage of data or any indirect, incidental, special, consequential damages.
6.8 Given the particularity of software services, you understand and agree that we are not liable for your losses (including but not limited to losses of property, income, data, etc. or other intangible losses) under the following circumstances:
6.8.1 Due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, etc., the platform and services cannot operate normally;
6.8.2 The platform and services are interrupted or delayed due to unexpected reasons such as computer viruses, Trojan horses, other malicious programs, hacker attacks, and system maintenance.
7.1 If GTS find or receive reports or complaints from others that you have violated this agreement or violated laws and regulations or relevant state regulations, we have the right to refuse to provide you with services or take measures such as asking for compensation for our damages.
7.2 If your actions cause GTS losses (including but not limited to direct losses, reputation losses, fines from third parties, claims, etc.), we have the right to recover from you in full.
8 Notice and Delivery
8.1 You should provide GTS with real and effective contact information. If the contact information changes, please be sure to update in time. If your contact information is false, invalid, or not updated in a timely manner, you will not be able to obtain business notices, customer service, complaint handling, dispute coordination, technical support, etc. in a timely manner, and you will be responsible for the corresponding consequences and responsibilities.
8.2 GTS will send you business notices, service tips, verification messages, marketing information and other information related to the product website and services (including but not limited to the updated service rules, service upgrades, migrations, advertisements, etc.) through one or more of the methods of website announcements, e-mails, mobile text messages, instant messaging tools, postal letters or express delivery on the product website. The contact address, telephone number, email or (and) other contact information you provide to GTS in any form shall be deemed as the contact information for effective delivery. Such notice will have a significant impact on your rights and obligations, so you must pay attention to it in time. The foregoing information shall be deemed to have been delivered under the following circumstances:
(1) If it is published in the form of a webpage announcement, it will take effect once it is published (unless otherwise stated);
(2) If it is sent in electronic form (including system notifications, in-site letters, emails, mobile text messages, instant messaging tools, etc.), it shall be deemed to have been delivered after successful delivery;
(3) If it is sent by printed paper, it shall be deemed to have been delivered on the third (3) natural day after delivery.
8.3 GTS may send a notice to your contact information provided by you when you are using the product website and services for user message notification, authentication, security verification, user experience research and other purposes. In addition, GTS may also share commercial information such as services, functions or activities that you may be interested in through the above contact information. If you don’t want to accept such notification, you can unsubscribe through the unsubscribe method provided in the SMS, or you can unsubscribe directly with GTS.
8.4 If you have any question, comment or suggestion about the content of this agreement or product website/service, or think that the content of the product website/ service may infringe your legal rights, you can send an email to “firstname.lastname@example.org” or call the hotline “(+86) 755 2940 3544”.
9 Applicable Law and Jurisdiction
9.1 The conclusion, execution, interpretation and dispute resolution of this agreement shall be governed by the laws of the People’s Republic of China.
9.2 If there is any dispute between the two parties over the content of the Software service agreement or the performance, both parties shall try their best to resolve it through friendly negotiation. If the negotiation fails, either party may file a lawsuit to the people’s court where Shenzhen General Testing System Co., Ltd. is located.
10.1 We reserve the right of final interpretation of this agreement.
10.2 We may update the terms from time to time in accordance with changes in laws and policies, technical conditions, product functions, etc., and we will publish the updated terms and remind you in appropriate ways (website announcement and/or system notification, etc.) after updating the contents.
At this point, you confirm that you have read and understood this agreement in detail, and agree to strictly abide by the terms and conditions.