Release Date: April 23, 2023
Effective Date: April 23, 2023
Welcome to use DACS software and services provided by DataCloak！
In order to use the DACS software and services provided by DataCloak (hereinafter referred to as "this software" or "DACS"), you must carefully read and comply with the "DACS User Service Agreement" (hereinafter referred to as "this agreement") and the "DACS Privacy Policy". Please carefully read and fully understand the content of each clause, especially the clauses exempting or limiting liability, dispute resolution and legal application clauses, as well as other important clauses that are shown in bold to draw your attention. Please focus on reading.
If you do not agree to this Agreement, you have the full and complete right to withdraw from using the Software. By clicking "read and agree", filling in information, logging in, accessing or using this software in any way according to the instructions on the login page, it means that you have fully read, understood, and accepted all the contents of this agreement, and this agreement shall be legally binding.
1.1 This Agreement is a legally binding agreement between the user of DACS (hereinafter referred to as "you" or "user") and DataCloak (Shenzhen) Co., Ltd (hereinafter referred to as “DataCloak” or “we”) regarding the use of DACS.
1.2 "User" means a person who is invited by an enterprise customer of DataCloak to use the Software.
1.3 This Agreement includes the main body of this Agreement and any privacy policies we have issued or may issue in the future, as well as policies, rules, statements, notices, warnings, tips, and instructions (hereinafter referred to as "Rules"). The aforementioned Rules, once officially released, shall be an integral part of this Agreement and shall have the same legal effect as this Agreement, and you shall also abide by them.
2.1 Service Content
DACS is a software provided by DataCloak for enterprise customers to solve data security problems in various scenarios such as enterprise data transmission, storage, usage, and device management, helping enterprise customers to achieve cross-device network transmission security.
2.2 Service Form
DataCloak provides multiple application versions for Windows, Mac, iOS, Android, etc. (the specific version provided by DataCloak shall prevail), and the user needs to select the software version that matches the endpoint device. If users have registered to use one version of the service, they can use other versions of the service with the same account, and this Agreement automatically applies to all versions of the software and services used by users.
2.3 Scope of Service License
2.3.1 You are granted a non-transferable, non-exclusive license to use this software pursuant to the commercial contract between your enterprise and DataCloak. You may use this software within the scope permitted by laws and regulations, but subject to the terms of this Agreement.
2.3.2 You are not authorized to transfer or sublicense this Software or any part thereof at any time or under any conditions.
2.3.3 All other rights not expressly authorized by this term and other provisions of this Agreement shall remain reserved by DataCloak, and you shall obtain separate written permission from DataCloak to exercise these rights. The failure of DataCloak to exercise any of the foregoing rights shall not constitute a waiver of such rights.
3.1 Users may obtain this software directly from mobile application stores or from third parties authorized by DataCloak.
3.2 If the user obtains this software or an installer with the same name as this software from a third party not authorized by DataCloak, DataCloak cannot guarantee users that software can be used normally and is not responsible for any losses caused to the user.
4.1 In order to improve user experience and service content, DataCloak will continuously strive to develop new services and provide software updates to users from time to time (these updates may take the form of software replacements, modifications, feature enhancements, version upgrades, etc.).
4.2 Unless otherwise agreed with enterprise customers, DataCloak reserves the right to make changes, upgrades, and modifications to the service or any part of the service and its related functions, and publicly notifies in this software.
5.1 Users only have the right to use the DACS account, which is limited to their own use. They are not allowed to gift, borrow, rent, transfer, or sell the DACS account or license others to use it in any other way.
5.2 Users are responsible for ensuring the security of their DACS account information and password, and they are legally responsible for the use of the account and password. Users agree not to disclose account and password information to others under any circumstances.
5.3 The user understands and agrees that user‘s enterprise has management rights over user’s account, and the user’s enterprise has the right to suspend or terminate the user's account without notice to the user, and has the right to cancel the account without legal liability to the user of the account. As a result, all data, information, etc. generated by the user's use of this software are cleared or lost, and DataCloak shall not be liable for any losses.
6.1 Information Content Specifications
Users cannot use this software to store, publish or transmit information or content that:
(1) Any content (information) that violates national laws and regulations and policies;
(2) Political propaganda and/or news information that violates national regulations;
(3) Information involving state secrets and/or security;
(4) Feudal superstition and/or obscene, pornographic, indecent information and information that abets crime;
(5) Lottery with prizes and gambling games; Information that violates national ethnic and religious policies;
(6) Information that hinders the safety of Internet operation;
(7) Publish, transmit, disseminate, and store content that infringes on the legitimate rights of others such as intellectual property and trade secrets;
(8) Information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, social security, public morality, and links that contain the above-mentioned content, etc.
The user agrees that the enterprise in which the user is employed has the right to decide, based on their cautious judgment, whether the content published by the user constitutes a violation of this agreement or relevant national regulations. The User undertakes to make adjustments to comply with national regulations or this Agreement after notification from the enterprise in which the user is employed. Otherwise, the enterprise in which the user is employed has the right to suspend, terminate, or cancel the user's account.
6.2 Software Usage Specifications
Unless permitted by law or with the written consent of DataCloak, users shall not use this software for any illegal purpose. Specifically, users are not allowed to engage in the following activities:
(1) Delete information and content related to copyright on this software and its copies;
(2) Reverse engineer, reverse assemble, reverse compile, or otherwise attempt to discover the source code of this software;
(3) Rent, lend, copy, modify, link, reprint, compile, publish, and establish mirror sites for the intellectual property rights owned by DataCloak;
(4) Copy, modify, add, delete or create any derivative works of this software or the data released into the memory of any endpoints during its operation, the interaction data between the client and the server during its operation, and the system data necessary for its operation, including but not limited to the use of plugins, or unauthorized third-party tools/services to access this software and related systems;
(5) By modifying or forging instructions or data during software operation, adding, deleting, or altering the function or operational effectiveness of the software, or operating or communicating to the public the software or methods used for the aforementioned purposes, whether or not these acts are for commercial purposes;
(6) Log in or use this software through third party software, plug-ins, or systems not developed or authorized by DataCloak, or creating, distributing, or disseminating the aforementioned tools;
(7) Interference with this software and its components, modules, data, etc. by oneself, authorizing others, or using third-party software;
(8) Sabotage, modify this software program, or use program bugs and errors to disrupt the normal operation of this software or propagate such bugs or errors;
(9) Attack, hack into the server or server-side programs of DataCloak, or overload the server;
(10) Other violations of laws and regulations, infringement of the legitimate rights and interests of other users, interference with the normal operation of this software or acts not explicitly authorized by DataCloak, as well as acts that may bring any adverse effects to DataCloak or acts prohibited by the State.
7.1 During your use of the Software, DACS provides login authentication, VPN, OTP, security features and statistical analysis services，access to your account information, device information and network information is required/may be needed.
7.2 DataCloak highly respects and values the protection of users' personal privacy information. DataCloak uses secure storage and transmission methods for relevant information to protect the safety of user information. Please contact your company for information about the data protection and security measures taken by your company.
7.3 Unless otherwise provided by law or agreed in the “DACS Privacy Policy”, without the consent of the user, DataCloak will not share the user's personal information or publicly disclose the user's personal information to any company, organization or individual other than the user.
7.4 For more information on policies related to personal information and privacy protection, please refer to the “DACS Privacy Policy”.
8.1 DataCloak is the intellectual property right holder of the Software, and all copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information content related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout frames, relevant data or electronic documents, etc.) are protected by the laws and regulations of the People's Republic of China and the corresponding international treaties. All belong to DataCloak, except for the rights that the relevant right holders shall enjoy in accordance with laws and regulations.
8.2 Without the written consent of DataCloak or the relevant right holder, the user cannot implement or transfer the above intellectual property rights for any commercial or non-commercial purpose by itself or license any third party.
9.1 You understand and agree that the Software is provided in accordance with the current state of existing technology and conditions, and that DataCloak makes no warranty, express or implied, with respect to the Software, and that DataCloak will use its best efforts to ensure the consistency and security of the Software if there are defects in the Software that cannot be avoided by industry technology.
9.2 You understand and agree that: in the process of using the Software, you may encounter the following circumstances to interrupt the Software service, in the following cases, DataCloak will promptly cooperate with corporate customers to repair, but the resulting losses to the user DataCloak will be exempt from liability:
(1) Force majeure, including but not limited to acts of government, natural disasters such as floods, earthquakes, storms, network causes, hacker attacks, public health emergencies, war, unrest or any other similar events and other objective events that cannot be foreseen, overcome and avoided;
(2) Reasons of the basic operator, including but not limited to technical adjustment of the telecommunication department, destruction of telecommunication/electricity lines by others, installation, transformation, maintenance of telecommunication network/electricity resources by the telecommunication/electricity department;
(3) Network security incidents, such as damage by computer viruses, Trojan horses or other malicious programs, hacker attacks;
(4) The use of the Software by the User by means other than those authorized by DataCloak;
(5) Improper operation by the User or failure of the User's software, system, equipment, hardware and communication lines;
(6) Other circumstances that are not the fault of DataCloak, beyond the control of DataCloak or reasonably foreseeable.
9.3 To the extent permitted by applicable law, DataCloak shall not in any event be liable for:
(1) Any indirect, intentional, punitive, incidental, or special damages;
(2) Loss of business or opportunity;
(3) Loss of revenue;
(4) Loss of profits;
(5) Loss of goodwill;
(6) Loss of content;
(7) Loss of data.
10.1 Unless otherwise agreed in this Agreement, the license term of the Software is subject to the agreement between DataCloak and the enterprise customer, and the user can enjoy the security services provided by DataCloak during the license term of the enterprise. After the expiration of the license period, DataCloak will stop providing any services related to the Software.
10.2 If you violate this Agreement or the following circumstances occur, DataCloak will stop the Software services:
(1) Due to your serious violation of this Agreement (including but not limited to your violation of this Agreement or your commitment under this Agreement, and/or your violation of legal provisions, etc.), DataCloak has the right to unilaterally terminate the Services in accordance with the relevant provisions of this Agreement;
(2) The termination by consensus between DataCloak and your enterprise;
(3) Your DACS account is suspended, terminated or cancelled by your enterprise.
(4) DataCloak terminates the services under this service agreement 30 days in advance through the publication of an announcement within the website, the sending of a notice in the appropriate forum within the website or the sending of an in-site notice or written notice to the user due to changes in its own business policies.
If the service of the software is terminated due to the user's violation of this agreement, the user and the user's enterprise shall bear the loss of all data and information generated by the user's use of the software, such as emptying and loss.
11.1 The Software may use third party software or technology (including open source code, open source plug-ins and public domain code that may be used by the Software, etc., hereinafter), and such use has been legally licensed.
11.2 If the Software uses third-party software or technology, or if the User uses third-party software or technology within the Software's secure workspace, the User shall comply with the relevant agreements or other documentation for the third-party software or technology. If the User fails to comply with such requirements, such third party or state authorities may file a lawsuit, impose a fine or take other sanctions against the User, and the User shall be solely responsible for the legal liability.
11.3 Any dispute arising from third party software or technology shall be resolved by that third party, and DataCloak shall not assume any responsibility. DataCloak does not provide customer service support for third party software or technology, if the user needs to obtain support, please contact the third party.
12.1 DataCloak shall have the right to amend this Agreement at any time in accordance with changes in relevant laws and regulations, as well as adjustments to the Company's business conditions and business strategies. Once the revised service agreement is published, it will effectively replace the original agreement. If you do not agree with the content of the changes, you can stop using the Software; if you continue to use the Software, you will be deemed to accept the revised agreement.
12.2 DataCloak may notify the user of the amendment of this Agreement through push notification, pop-up prompt, special prompt on the browsing page, sending emails/short messages or publishing announcements. Users may also check the latest version of this Agreement by visiting DataCloak website at any time.
13.1 The user understands and agrees that the user shall be independently liable for any claims, demands or losses claimed by third parties as a result of or arising from the user's violation of the provisions of this Agreement, the relevant terms of service or rules, and shall indemnify DataCloak for the losses suffered as a result.
13.2 If the violation of law or breach of contract by the user causes DataCloak and its affiliates and control companies to compensate any third party or suffer punishment from state authorities, the user shall fully compensate DataCloak and its affiliates and control companies for all the losses suffered as a result.
14.1 The laws of the mainland of the People's Republic of China (excluding conflict of laws) shall apply to the conclusion, execution, interpretation and settlement of disputes under this Agreement.
14.2 If any dispute arises between the Parties regarding the content of this Agreement or its performance, the Parties shall endeavor to resolve it through friendly consultation; if consultation fails, either Party may file a lawsuit with the People's Court of Baoan Shenzhen District, where the Agreement was signed.
15.1 DataCloak reserves the right, without prejudice to your rights and obligations under this Agreement, to assign some or all of its rights and obligations under this Agreement to an affiliate or other legal entity, or to entrust a third party to provide some or all of the services under this Agreement. In such case, this Agreement shall be legally binding on the assignee or trustee as well.
15.2 If any provision of this Agreement is invalid or unenforceable for any reason, the other provisions of this Agreement shall remain valid and binding.
15.3 The headings in this Agreement are for convenience of reading only and have no actual meaning in themselves and shall not be used as the basis for interpretation of the meaning of this Agreement.
15.4 The User and DataCloak are independent subjects and in no event shall this Agreement constitute any form of express or implied warranty or condition on the part of DataCloak to the User, nor shall it constitute an agency, partnership, joint venture or employment relationship between the parties.
15.5 For the convenience of reading, this Agreement is written in English and Chinese, but the Chinese version of this Agreement shall govern the contents of the Agreement.
DataCloak (Shenzhen) Co., Ltd.
Release Date: April 23, 2023
Effective Date: April 23, 2023
Welcome to use DACS software and services provided by DataCloak！
In order to use the DACS software and services provided by DataCloak (hereinafter referred to as "this software" or "DACS"), you must carefully read and comply with the "DACS User Service Agreement" (hereinafter referred to as "this agreement") and the "DACS Privacy Policy". Please carefully read and fully understand the content of each clause, especially the clauses exempting or limiting liability, dispute resolution and legal application clauses, as well as other important clauses that are shown in bold to draw your attention. Please focus on reading.
If you do not agree to this Agreement, you have the full and complete right to withdraw from using the Software. By clicking "read and agree", filling in information, logging in, accessing or using this software in any way according to the instructions on the login page, it means that you have fully read, understood, and accepted all the contents of this agreement, and this agreement shall be legally binding.
1.1 This Agreement is a legally binding agreement between the user of DACS (hereinafter referred to as "you" or "user") and DataCloak (Shenzhen) Co., Ltd (hereinafter referred to as “DataCloak” or “we”) regarding the use of DACS.
1.2 "User" means a person who is invited by an enterprise customer of DataCloak to use the Software.
1.3 This Agreement includes the main body of this Agreement and any privacy policies we have issued or may issue in the future, as well as policies, rules, statements, notices, warnings, tips, and instructions (hereinafter referred to as "Rules"). The aforementioned Rules, once officially released, shall be an integral part of this Agreement and shall have the same legal effect as this Agreement, and you shall also abide by them.
2.1 Service Content
DACS is a software provided by DataCloak for enterprise customers to solve data security problems in various scenarios such as enterprise data transmission, storage, usage, and device management, helping enterprise customers to achieve cross-device network transmission security.
2.2 Service Form
DataCloak provides multiple application versions for Windows, Mac, iOS, Android, etc. (the specific version provided by DataCloak shall prevail), and the user needs to select the software version that matches the endpoint device. If users have registered to use one version of the service, they can use other versions of the service with the same account, and this Agreement automatically applies to all versions of the software and services used by users.
2.3 Scope of Service License
2.3.1 You are granted a non-transferable, non-exclusive license to use this software pursuant to the commercial contract between your enterprise and DataCloak. You may use this software within the scope permitted by laws and regulations, but subject to the terms of this Agreement.
2.3.2 You are not authorized to transfer or sublicense this Software or any part thereof at any time or under any conditions.
2.3.3 All other rights not expressly authorized by this term and other provisions of this Agreement shall remain reserved by DataCloak, and you shall obtain separate written permission from DataCloak to exercise these rights. The failure of DataCloak to exercise any of the foregoing rights shall not constitute a waiver of such rights.
3.1 Users may obtain this software directly from mobile application stores or from third parties authorized by DataCloak.
3.2 If the user obtains this software or an installer with the same name as this software from a third party not authorized by DataCloak, DataCloak cannot guarantee users that software can be used normally and is not responsible for any losses caused to the user.
4.1 In order to improve user experience and service content, DataCloak will continuously strive to develop new services and provide software updates to users from time to time (these updates may take the form of software replacements, modifications, feature enhancements, version upgrades, etc.).
4.2 Unless otherwise agreed with enterprise customers, DataCloak reserves the right to make changes, upgrades, and modifications to the service or any part of the service and its related functions, and publicly notifies in this software.
5.1 Users only have the right to use the DACS account, which is limited to their own use. They are not allowed to gift, borrow, rent, transfer, or sell the DACS account or license others to use it in any other way.
5.2 Users are responsible for ensuring the security of their DACS account information and password, and they are legally responsible for the use of the account and password. Users agree not to disclose account and password information to others under any circumstances.
5.3 The user understands and agrees that user‘s enterprise has management rights over user’s account, and the user’s enterprise has the right to suspend or terminate the user's account without notice to the user, and has the right to cancel the account without legal liability to the user of the account. As a result, all data, information, etc. generated by the user's use of this software are cleared or lost, and DataCloak shall not be liable for any losses.
6.1 Information Content Specifications
Users cannot use this software to store, publish or transmit information or content that:
(1) Any content (information) that violates national laws and regulations and policies;
(2) Political propaganda and/or news information that violates national regulations;
(3) Information involving state secrets and/or security;
(4) Feudal superstition and/or obscene, pornographic, indecent information and information that abets crime;
(5) Lottery with prizes and gambling games; Information that violates national ethnic and religious policies;
(6) Information that hinders the safety of Internet operation;
(7) Publish, transmit, disseminate, and store content that infringes on the legitimate rights of others such as intellectual property and trade secrets;
(8) Information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, social security, public morality, and links that contain the above-mentioned content, etc.
The user agrees that the enterprise in which the user is employed has the right to decide, based on their cautious judgment, whether the content published by the user constitutes a violation of this agreement or relevant national regulations. The User undertakes to make adjustments to comply with national regulations or this Agreement after notification from the enterprise in which the user is employed. Otherwise, the enterprise in which the user is employed has the right to suspend, terminate, or cancel the user's account.
6.2 Software Usage Specifications
Unless permitted by law or with the written consent of DataCloak, users shall not use this software for any illegal purpose. Specifically, users are not allowed to engage in the following activities:
(1) Delete information and content related to copyright on this software and its copies;
(2) Reverse engineer, reverse assemble, reverse compile, or otherwise attempt to discover the source code of this software;
(3) Rent, lend, copy, modify, link, reprint, compile, publish, and establish mirror sites for the intellectual property rights owned by DataCloak;
(4) Copy, modify, add, delete or create any derivative works of this software or the data released into the memory of any endpoints during its operation, the interaction data between the client and the server during its operation, and the system data necessary for its operation, including but not limited to the use of plugins, or unauthorized third-party tools/services to access this software and related systems;
(5) By modifying or forging instructions or data during software operation, adding, deleting, or altering the function or operational effectiveness of the software, or operating or communicating to the public the software or methods used for the aforementioned purposes, whether or not these acts are for commercial purposes;
(6) Log in or use this software through third party software, plug-ins, or systems not developed or authorized by DataCloak, or creating, distributing, or disseminating the aforementioned tools;
(7) Interference with this software and its components, modules, data, etc. by oneself, authorizing others, or using third-party software;
(8) Sabotage, modify this software program, or use program bugs and errors to disrupt the normal operation of this software or propagate such bugs or errors;
(9) Attack, hack into the server or server-side programs of DataCloak, or overload the server;
(10) Other violations of laws and regulations, infringement of the legitimate rights and interests of other users, interference with the normal operation of this software or acts not explicitly authorized by DataCloak, as well as acts that may bring any adverse effects to DataCloak or acts prohibited by the State.
7.1 During your use of the Software, DACS provides login authentication, VPN, OTP, security features and statistical analysis services，access to your account information, device information and network information is required/may be needed.
7.2 DataCloak highly respects and values the protection of users' personal privacy information. DataCloak uses secure storage and transmission methods for relevant information to protect the safety of user information. Please contact your company for information about the data protection and security measures taken by your company.
7.3 Unless otherwise provided by law or agreed in the “DACS Privacy Policy”, without the consent of the user, DataCloak will not share the user's personal information or publicly disclose the user's personal information to any company, organization or individual other than the user.
7.4 For more information on policies related to personal information and privacy protection, please refer to the “DACS Privacy Policy”.
8.1 DataCloak is the intellectual property right holder of the Software, and all copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information content related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout frames, relevant data or electronic documents, etc.) are protected by the laws and regulations of the People's Republic of China and the corresponding international treaties. All belong to DataCloak, except for the rights that the relevant right holders shall enjoy in accordance with laws and regulations.
8.2 Without the written consent of DataCloak or the relevant right holder, the user cannot implement or transfer the above intellectual property rights for any commercial or non-commercial purpose by itself or license any third party.
9.1 You understand and agree that the Software is provided in accordance with the current state of existing technology and conditions, and that DataCloak makes no warranty, express or implied, with respect to the Software, and that DataCloak will use its best efforts to ensure the consistency and security of the Software if there are defects in the Software that cannot be avoided by industry technology.
9.2 You understand and agree that: in the process of using the Software, you may encounter the following circumstances to interrupt the Software service, in the following cases, DataCloak will promptly cooperate with corporate customers to repair, but the resulting losses to the user DataCloak will be exempt from liability:
(1) Force majeure, including but not limited to acts of government, natural disasters such as floods, earthquakes, storms, network causes, hacker attacks, public health emergencies, war, unrest or any other similar events and other objective events that cannot be foreseen, overcome and avoided;
(2) Reasons of the basic operator, including but not limited to technical adjustment of the telecommunication department, destruction of telecommunication/electricity lines by others, installation, transformation, maintenance of telecommunication network/electricity resources by the telecommunication/electricity department;
(3) Network security incidents, such as damage by computer viruses, Trojan horses or other malicious programs, hacker attacks;
(4) The use of the Software by the User by means other than those authorized by DataCloak;
(5) Improper operation by the User or failure of the User's software, system, equipment, hardware and communication lines;
(6) Other circumstances that are not the fault of DataCloak, beyond the control of DataCloak or reasonably foreseeable.
9.3 To the extent permitted by applicable law, DataCloak shall not in any event be liable for:
(1) Any indirect, intentional, punitive, incidental, or special damages;
(2) Loss of business or opportunity;
(3) Loss of revenue;
(4) Loss of profits;
(5) Loss of goodwill;
(6) Loss of content;
(7) Loss of data.
10.1 Unless otherwise agreed in this Agreement, the license term of the Software is subject to the agreement between DataCloak and the enterprise customer, and the user can enjoy the security services provided by DataCloak during the license term of the enterprise. After the expiration of the license period, DataCloak will stop providing any services related to the Software.
10.2 If you violate this Agreement or the following circumstances occur, DataCloak will stop the Software services:
(1) Due to your serious violation of this Agreement (including but not limited to your violation of this Agreement or your commitment under this Agreement, and/or your violation of legal provisions, etc.), DataCloak has the right to unilaterally terminate the Services in accordance with the relevant provisions of this Agreement;
(2) The termination by consensus between DataCloak and your enterprise;
(3) Your DACS account is suspended, terminated or cancelled by your enterprise.
(4) DataCloak terminates the services under this service agreement 30 days in advance through the publication of an announcement within the website, the sending of a notice in the appropriate forum within the website or the sending of an in-site notice or written notice to the user due to changes in its own business policies.
If the service of the software is terminated due to the user's violation of this agreement, the user and the user's enterprise shall bear the loss of all data and information generated by the user's use of the software, such as emptying and loss.
11.1 The Software may use third party software or technology (including open source code, open source plug-ins and public domain code that may be used by the Software, etc., hereinafter), and such use has been legally licensed.
11.2 If the Software uses third-party software or technology, or if the User uses third-party software or technology within the Software's secure workspace, the User shall comply with the relevant agreements or other documentation for the third-party software or technology. If the User fails to comply with such requirements, such third party or state authorities may file a lawsuit, impose a fine or take other sanctions against the User, and the User shall be solely responsible for the legal liability.
11.3 Any dispute arising from third party software or technology shall be resolved by that third party, and DataCloak shall not assume any responsibility. DataCloak does not provide customer service support for third party software or technology, if the user needs to obtain support, please contact the third party.
12.1 DataCloak shall have the right to amend this Agreement at any time in accordance with changes in relevant laws and regulations, as well as adjustments to the Company's business conditions and business strategies. Once the revised service agreement is published, it will effectively replace the original agreement. If you do not agree with the content of the changes, you can stop using the Software; if you continue to use the Software, you will be deemed to accept the revised agreement.
12.2 DataCloak may notify the user of the amendment of this Agreement through push notification, pop-up prompt, special prompt on the browsing page, sending emails/short messages or publishing announcements. Users may also check the latest version of this Agreement by visiting DataCloak website at any time.
13.1 The user understands and agrees that the user shall be independently liable for any claims, demands or losses claimed by third parties as a result of or arising from the user's violation of the provisions of this Agreement, the relevant terms of service or rules, and shall indemnify DataCloak for the losses suffered as a result.
13.2 If the violation of law or breach of contract by the user causes DataCloak and its affiliates and control companies to compensate any third party or suffer punishment from state authorities, the user shall fully compensate DataCloak and its affiliates and control companies for all the losses suffered as a result.
14.1 The laws of the mainland of the People's Republic of China (excluding conflict of laws) shall apply to the conclusion, execution, interpretation and settlement of disputes under this Agreement.
14.2 If any dispute arises between the Parties regarding the content of this Agreement or its performance, the Parties shall endeavor to resolve it through friendly consultation; if consultation fails, either Party may file a lawsuit with the People's Court of Baoan Shenzhen District, where the Agreement was signed.
15.1 DataCloak reserves the right, without prejudice to your rights and obligations under this Agreement, to assign some or all of its rights and obligations under this Agreement to an affiliate or other legal entity, or to entrust a third party to provide some or all of the services under this Agreement. In such case, this Agreement shall be legally binding on the assignee or trustee as well.
15.2 If any provision of this Agreement is invalid or unenforceable for any reason, the other provisions of this Agreement shall remain valid and binding.
15.3 The headings in this Agreement are for convenience of reading only and have no actual meaning in themselves and shall not be used as the basis for interpretation of the meaning of this Agreement.
15.4 The User and DataCloak are independent subjects and in no event shall this Agreement constitute any form of express or implied warranty or condition on the part of DataCloak to the User, nor shall it constitute an agency, partnership, joint venture or employment relationship between the parties.
15.5 For the convenience of reading, this Agreement is written in English and Chinese, but the Chinese version of this Agreement shall govern the contents of the Agreement.
DataCloak (Shenzhen) Co., Ltd.