Users use "ICWORKSHOP", please read and understand the content of this agreement carefully before operating on this platform.
foreword
1. The conclusion of this agreement
1.1 This agreement is jointly concluded by the owner of this platform "ICWORKSHOP Technology (Shenzhen) Co., Ltd." and the users who use the services of this platform (hereinafter referred to as "users"), and has the effect of a contract.
1.2 In the process of applying for certification as a "developer" through the "studio settings" function of this platform, once the user checks "I have carefully read and agree to the agreement" and clicks the "submit" button, it means that the user agrees to cooperate with Chuangxingong Fang signed this agreement and voluntarily be bound by this agreement. When the user's authentication application, data submission, etc. have been reviewed and approved by the platform and the authentication pass message is sent to the user in the form of an email or system message, this agreement has legal effect on the user and ICWORKSHOP; If the platform signs an agreement separately, the user shall also abide by the separately signed agreement.
1.3 This agreement is composed of the text of the agreement, the "ICWORKSHOP Terms of Service" and the rules published on this platform and the rules that may be adjusted thereafter. If the text of the agreement conflicts with the rules, the document published later shall prevail.
1.4 This agreement only expresses the relationship of rights and obligations between the platform and the user. The cooperation between the user and any third party through the platform and the resulting rights and obligations are resolved by the user and the third party.
1.5 The titles of each article of this agreement are only for the convenience of reading, and are not intended to become a part of this agreement, nor affect the meaning or interpretation of this agreement.
1.6 The final interpretation of the terms and terms involved in this agreement belongs to ICWORKSHOP Technology (Shenzhen) Co., Ltd.
agreement text
2. Definition and Explanation
2.1 "ICWORKSHOP": refers to the websites (including PC websites and mobile websites) with the domain names icworkshop.com, icworkshop.cn, icworkshop.com.cn, and ICWORKSHOP/ICWORKSHOP clients, APP software, etc. (this The agreement is collectively referred to as "this platform"), and the owner is the client of "ICWORKSHOP Technology (Shenzhen) Co., Ltd." Through this website, users can publish, display, query, and exchange relevant information, reach transaction intentions, and obtain services provided by other users. If the domain name of the website is adjusted, it will be subject to a separate notice from ICWORKSHOP.
2.2 Studio setting: Users apply to become a developer by opening the platform studio function as an independent third-party operator on this platform. The legal entity engaged in business must continue to meet the qualification requirements stipulated in Article 4 of the main body of this agreement from the time of application
2.3 User's identity information: When setting up the "studio", the user shall fill in and submit it by himself during the setting; complete the online signing of this agreement, information submission, and pass the review of ICWORKSHOP, and open the "program" according to Article 5 of this agreement Publish" and other permission operations.
2.4 Program: After the user completes the studio setup process, the user publishes on the platform through the "program release" function for sale or gift to third-party users of the platform, such as software or solutions and other digital commodity services.
2.5 Developer service period: After the user applies to become a developer of the platform, the platform will open the user's permission to operate programs on the platform. Before the platform collects the user application fee, the platform has the right to unilaterally suspend the user's operation permission. If the platform charges users with application fees, the platform will provide users with platform operation services based on the service period of the agreement concluded between the two parties when charging the certification fees.
2.6 User account: refers to the account that the user fills in when registering as a user of this platform. The user uses the registered account to set up the studio and become the developer of this platform. The account used represents the main body of the user. All activities performed are governed by this agreement. The user should keep the user account and password information properly, and shall not transfer or authorize others to use without authorization. All business disputes or legal responsibilities caused by leakage of the user account and password shall be borne by the user.
2.7 Platform rules: Refers to any normative documents related to user operations that are publicized on this platform and require real-time attention from users, including but not limited to "ICWORKSHOP Service Agreement", "ICWORKSHOP" Terms of Service", platform announcements, platform news, platform help center, etc.
The user understands and agrees that the platform has the right to unilaterally update and adjust the platform rules, and the user further understands
And agree that if you do not agree to accept the adjusted rules of this platform, you should terminate this agreement and stop your business activities on this platform.
3. Service content
3.1 The platform provides users with the corresponding network space, technical support and system maintenance of the platform, so that users, as sellers, have the ability to independently publish and operate platform programs, negotiate transactions with potential customers, and carry out various businesses related to transactions.
3.2 After the user obtains the "developer" permission, he can independently publish the program that can be sold, and at the same time, he can participate in the relevant activities of this platform and receive other paid services. Other paid services include but are not limited to advertising promotion services, distribution and warehousing services, payment and settlement services, etc. If the user needs to use such paid services, he should negotiate and sign an agreement with the provider separately in the user's own name.
3.3 The user's business behavior is subject to the supervision and management of this platform. In accordance with laws and regulations, this agreement and the "ICWORKSHOP Terms of Service", the platform has the right to unilaterally decide to restrict the user's business behavior, such as restricting the authority of the platform. The platform has the right to ask the user to delete or adjust the published information, etc. If the user refuses to perform or cooperate, the platform has the right to take corresponding measures in accordance with this agreement and the "ICWORKSHOP Terms of Service"; Report violations of laws and regulations to industry and commerce and other national regulatory authorities.
3.4 The user's business behavior is subject to the supervision of consumers. Consumers can complain to the platform's customer service, regulatory agencies, media, etc. After the platform learns about the complaint, it will intervene in the investigation and issue opinions to the user. The user should actively cooperate and properly solve.
3.5 The user's business behavior is subject to the supervision and management of the national regulatory agency. When the platform receives regulatory opinions from industrial and commercial regulatory authorities, it has the right to provide relevant information to the regulatory authorities, requiring users to make corrections and implement regulatory opinions; Adjust the information released by users, etc., and the adverse consequences arising therefrom shall be borne by the users themselves.
4. Qualification requirements and supporting documents
4.1 Eligibility requirements
To apply for and carry out developer business activities, users must continue to meet the following basic conditions:
1) The enterprise user has registered in accordance with the laws of the People's Republic of China and obtained a legal and valid business license and other business permits, and the identity information should be an objective representation of the user's own situation;
2) The source of goods or services operated by the user is legal, the qualifications are complete, and the legitimate rights and interests of the third party are not infringed;
3) Any information submitted by the user is true, legal, and valid, and the software, pictures, text, etc. used
Do not infringe the legal rights of any third party;
4) The user voluntarily signs and strictly performs this agreement;
5) Other conditions that may be set by the user in accordance with the requirements of laws and regulations and business needs.
4.2 Documentation
4.2.1 The user must submit all necessary documents or certificates online according to the "studio settings" function (current and future proof materials that may be added, including but not limited to business license, bank certificate, power of attorney, trademark registration certificate, copy of ID card, etc.). In the event of customer complaints, administrative agency investigations, lawsuits, etc., users should also submit to the platform a paper copy that is consistent with the original and stamped with the user's official seal.
4.2.2 The user guarantees that the above-mentioned certification documents or other relevant certifications provided to the platform are true, legal, accurate and valid.
Based on the particularity of the platform, except for verifying the authenticity of the user's identity information and verifying the relevant information of the user in accordance with the regulatory regulations of the platform, the platform has no obligation to replace all the information uploaded by the user, transaction behavior and other matters related to transaction behavior in advance. At the same time, the verification of user information by this platform is only a formal review, which does not mean that this platform recognizes its authenticity and validity. The authenticity, legality, accuracy, and validity of the certification documents are still All legal responsibilities shall be borne solely by the user.
4.2.3 The user guarantees to notify the platform immediately of any changes or updates to the above certification documents, and submit the updated documents within fifteen working days.
4.2.4 If the user submits false or expired documents, or fails to notify and submit updated documents as scheduled, the user shall bear all legal responsibilities independently. If the user does not meet the entry requirements of the platform due to this, the platform has the right to require the user to provide additional relevant information, and at the same time has the right to reject the user's application, adjust the developer's permissions, and even terminate this agreement. If the user causes losses to the platform and any other third parties, the user shall also compensate in full.
5. Opening and adjustment of developer permissions
5.1 Developer permission activation
For the account that the user intends to operate, the platform will activate the relevant developer permissions for the user after the user completes the studio setting through the "studio setting" function and completes other opening requirements that may be added by the platform in the future.
5.2 Developer permissions stop
5.2.1 Suspension of developer rights, also known as restriction of developer rights, includes complete suspension of user rights and partial suspension of user rights. When all user permissions are stopped, the user cannot perform any operations on the studio through the developer, and the user's store information and product information will no longer be displayed on the "this platform"; when part of the user permissions is stopped, the user can only use part of the platform function, may cause the user to be unable to upload maintenance program information, and the uploaded information cannot be displayed on the "platform".
5.2.2 All suspension of user rights
5.2.2.1 If the user voluntarily applies for the suspension of all authorizations, he shall apply to the customer service email address cs@icworkshop.com of the platform at least seven working days in advance, and the authorization shall be terminated by the platform after the review and approval of the platform.
5.2.2.2 In the process of user operation, if any of the following situations are found, the platform has the right to stop using
full access to the account;
1) The user does not meet the qualification requirements of Article 4.1, such as submitting false documents, incomplete or expired qualifications and unable to complete and update in time;
2) The user's product price, specification and other information are incorrectly marked, resulting in complaints, disputes and disputes, or being investigated and punished by administrative agencies;
3) The user's product quality and logo are unqualified, or the product is suspected of infringement, counterfeiting, etc.;
4) The user has not logged in to use the platform for 180 consecutive days;
5) Other violations of this agreement, or other violations of the rights and interests of consumers, this platform and its affiliated companies/institutions.
5.2.3 Partial suspension of user rights
5.2.3.1 If the user voluntarily applies for partial suspension of authority, he or she should submit an application to the customer service email address cs@icworkshop.com of the platform at least seven working days in advance, and the platform will suspend the corresponding authority after review and approval by the platform.
5.2.3.2 In the process of user operation, if any of the following situations are found, the platform has the right to stop using
account permissions.
1) The third party complains to the platform about the user's infringement or breach of contract, which needs to be further verified or has been verified.
right, breach of contract is true;
2) Failing to participate in relevant activities of this platform as promised;
3) The user violates the provisions of this agreement, but does not fall under the circumstances of 5.2.2.2.
5.2.4 When users conduct business activities on this platform, when performing transaction agreements with third-party users on this platform,
Without the consent of the third-party user, the transaction with the third-party user is suspended without authorization, or the platform service is stopped by the user due to the situation in Article 5.2.2.2, the platform has the right to immediately freeze all the permissions and funds of the user on the platform balance until the transaction dispute is resolved.
5.3 Increase or decrease of developer permissions
The platform will continue to improve and optimize the problems encountered by developers during use, the needs of users, and the operational needs of the platform. Once the platform version is upgraded, it may lead to an increase or decrease in user rights. Here, the user understands and agrees that if tariff adjustments are involved when using the developer functions of the new version, the technical service fee shall be paid according to the fee standard corresponding to the new version.
6. Rights and obligations
6.1 The platform strives to maintain the normal and stable operation of the platform based on the realization of existing technologies, and strives to enhance and improve technology, update and upgrade platform functions and services, so as to continuously improve platform performance and transaction efficiency. If it is found that the user is detrimental to the security and stable operation of the system, the platform has the right to immediately stop the user's service authority, and immediately delete all harmful information, data, etc.; the user shall bear all legal responsibilities for all adverse consequences caused by this, including but not limited to Compensation for the losses of the platform and its affiliated companies/institutions, consumers, third-party companies/institutions, etc.
6.2 The platform has the right to independently choose to open permissions for the users who apply for studio settings according to the development plan of the platform, but does not promise to open permissions for all users who apply for developers; at the same time, it has the right to approve independently without time limit The user's application for admission.
6.3 The platform will actively respond to the problems encountered by users in the process of using the platform and the suggestions and opinions put forward, and can provide reasonable guidance and training for users to use the platform according to their needs.
6.4 The platform has the right to unilaterally change the rules published on the platform in accordance with relevant national laws, regulations, policies and the operation of the platform. The changed rules will be notified to users in the form of announcements or messages on the site. Once any changes are announced or sent, constitute an integral part of this Agreement. Users should pay attention to the announcement and message content in real time. If they disagree with the change, they should notify the platform in writing and stop using the platform immediately. Once the user continues to use the platform functions, it will be deemed that the user voluntarily accepts the changed rules.
6.5 Users should be responsible for the management of the programs they publish on this platform, and immediately delete information in their programs that violates relevant national laws, regulations and rules of this platform.
6.6 The platform has the right to publicize on the platform the violations of laws and regulations by users determined by nationally effective legal documents or administrative documents, or the violations of relevant provisions of this agreement by users; It has the right to take measures such as restricting the developer's authority, deducting the balance of funds, and terminating this agreement. If the above measures are not enough to compensate the loss of the platform, its affiliated companies/institutions, and consumers, the user should also compensate in full.
6.7 If the user's operating conditions cannot meet the requirements announced by the platform (including but not limited to the rules of the platform, etc.), if it still cannot be satisfied after rectification and adjustment within a time limit, the platform has the right to terminate this agreement and stop providing services to users.
6.8 The platform has the right to organize corresponding promotional activities according to the market conditions and the operating conditions of the users on the platform. Users should actively support and perform according to the contract according to their own operating conditions and commodity conditions. Once the user confirms in writing (including but not limited to e-mail, etc.) that he/she chooses to participate in the above-mentioned promotional activities, the user shall not withdraw from the promotional activities in the middle, or withdraw from the promotional activities in a disguised manner by taking programs off the shelf or other methods that affect normal operations or are not conducive to consumer rights. .
6.9 In order to protect the rights and interests of consumers to the greatest extent and meet consumers' quality requirements for products, users are obliged to ensure that each product and program sold on this platform does not have any quality problems, including but not limited to program loopholes, software functions and programs Describe the incompatibility of functions, software usage barriers, etc.
If the program sold by the user fails the sampling inspection or is reported and complained by a third-party user and verified by the platform, the platform has the right to punish the user and propose corresponding measures according to the user rules, norms and standards announced by the platform and according to the severity of the problem. Requirements for rectification within a time limit. The user must cooperate with the rectification within a time limit or conduct a third-party inspection of the specified program according to the requirements of this platform, and fully bear all the costs incurred thereby. If the user refuses to implement, the platform has the right to take relevant measures, including but not limited to stopping the user's service, terminating this agreement, requiring the user to bear the liability for breach of contract, compensation for damages and other measures. If the platform suffers losses (including but not limited to economic or reputational losses) due to the quality of the user’s goods, the platform has the right to require the user to compensate for all expenses incurred thereby, and reserves the right to further pursue the user’s corresponding responsibilities.
6.10 The platform has the right to require users to provide information related to user programs and after-sales services, so that customers can reply directly to the customer service center of the platform. If the platform cannot answer the information that the user has, the platform has the right to Users are required to reply or give corresponding solutions within the specified time limit. If the user fails to solve the customer's consultation and complaint in time, the platform has the right to take corresponding measures against the user.
6.11 If the customer's lawsuit against the platform and its affiliated companies/organizations is caused by the user's products, information released or after-sales service provided by the user, the user shall bear all legal responsibilities arising from the lawsuit. If the company/institution causes losses, the platform has the right to require users to compensate for all losses of the platform and its affiliated companies/institutions.
6.12 Due to the particularity of the online trading platform, the platform is not obliged to conduct prior review of all users' trading behavior and other matters related to the transaction, except for the following situations:
6.12.1 The third party notifies the platform that there may be a major problem with a specific user or a specific transaction;
6.12.2 The user or a third party informs the platform of any illegal or improper behavior on the trading platform;
6.12.3 The platform discovers that there may be a major problem with a specific user or a specific transaction.
This platform judges relevant content based on the knowledge level of ordinary non-professionals. If it can be considered that these contents or behaviors are illegal or inappropriate, this platform has the right to choose to delete relevant information according to different situations and take restrictive measures on user platform permissions. or stop providing services to the user.
6.13 The user understands and agrees that if the user violates this agreement and causes economic loss or reputation loss to the platform, the user shall immediately bear legal responsibility to the platform (including but not limited to payment of liquidated damages, compensation amount, etc.). The user has the right to suspend the payment of the unwithdrawn funds; the user further understands and agrees that when the user fails to bear the legal responsibility on time, the platform has the right to directly deduct the relevant funds from the suspended payment of the unwithdrawn funds.
7. User statement and guarantee
7.1 Guaranteed to abide by this agreement and not to engage in any behavior that damages the interests of this platform.
7.2 Guarantee that the qualification requirements stipulated in this agreement are met, and that the information and supporting documents submitted in the "Studio Settings" are true, accurate, legal and valid, and that the platform will be notified and updated in a timely manner when the above information changes. Users should ensure that the contact person, contact address, contact phone number and other information provided at the time of registration are true, valid and complete, and bear legal responsibility for this.
7.3 Guarantee that the signing of this agreement and the application to become a developer through the "studio settings" function are the true intention of the user, and guarantee that they have sufficient qualifications to conclude this agreement, and their agents (including all personnel who operate this platform and all employees required for operation) , employees, managers) have been fully authorized and shall bear legal responsibility for the behavior of the agent, and the user shall undertake to bear legal responsibility for the behavior of its employees, contacts and other personnel appointed by the user to perform this agreement.
7.4 The user shall set an independent, high-security password for each "platform account", ensure that the "platform account" and password are kept properly, and shall not transfer or authorize others to use it without authorization, and shall be responsible for all activities carried out using the account. Take full responsibility.
7.5 Guaranteed to use "this platform" in strict accordance with the agreement and technical requirements of this agreement, and not to engage in attacks, deciphering, reverse engineering, uploading Trojan horses, viruses and other operations that damage the security and stability of the system.
7.6 Guarantee that you have the legal right to sell products (including programs) on this platform, that the source of the products is traceable, legal, of qualified quality, comply with relevant national standards, and do not infringe the legal rights of any third party, and guarantee the quality and legality of the products. Independently assume all legal responsibilities.
7.7 Guarantee to fulfill the obligation of "truthfully described", to ensure that the product information published on this platform is true and accurate, in compliance with the rules of this platform and relevant national laws and regulations, consistent with the actual products sold, and does not contain any exaggerated or false content, does not contain Any text and pictures that are not authorized by the brand shall bear the burden of proof and assume independent and complete legal responsibility for the accuracy and consistency of the description. If the above-mentioned information released changes, users should update it on this platform in time. If there are legal consequences caused by the failure to change the information in a timely manner, the user shall bear full responsibility independently.
7.8 Guarantee to issue legal and compliant invoices to users of the platform who purchase their products, and guarantee to bear the corresponding taxes and fees in accordance with relevant national regulations. In case of disputes caused by incorrect invoices issued by users, non-issued invoices or other invoice problems, users shall independently bear corresponding legal responsibilities, and users shall compensate for losses caused to the platform.
7.9 Guarantee to obtain user information of this platform through legal channels, and guarantee not to send product recommendations and promotion information of any nature to users of this platform on the premise of violating the true wishes of users of this platform and failing to pass the review of this platform.
7.10 Guarantee to provide after-sales services such as "repair (program repair), replacement, and return" of goods in accordance with relevant national regulations, its own after-sales service commitments, and the relevant requirements of the "Consumer Rights Protection Service Terms".
7.11 Guarantee to abide by the principle of good faith in the process of using this platform for transactions, not to engage in fraud, false publicity, confusion and other unfair competition in transactions, not to disturb the normal order of online transactions, and not to engage in behaviors unrelated to online transactions.
7.12 Guarantee that any data obtained from this platform will not be used for purposes other than those stipulated in this agreement, and at the same time guarantee that without the permission of this platform, you will not acquire, use, or disseminate any information on this platform, including but not limited to transaction data, user information, Payment information, information displayed on this platform by other users of this platform, etc.
7.13 Users shall not publish any information on this platform that attracts users of this platform to other platforms or users' own online sales platforms or channels for transactions.
7.14 Users shall not conceal any matters that may cause risks to the platform, including but not limited to product design defects, quality defects, rights disputes, major breaches of contract, uploaded materials containing viruses and Trojan horses, etc. If such occurrences by users affect the reputation and normal operation of the platform , Safety matters should immediately notify the platform, and strictly implement the disposal of the platform.
7.15 Without the written permission of the platform, the user shall not transfer all or part of the rights and obligations under this agreement to a third party; if the user hires a third-party operating company to operate the platform account on behalf of the user, all actions of the third-party operating company shall be deemed The same is implemented by the user himself, and the user shall bear all the legal consequences; the rights and obligations between the user and the third-party operating company shall be resolved separately by the user and the third-party operating company, and shall not affect the rights of this platform and other users of this platform.
8. Fees and Settlement
8.1 Fee Standards and Fee Types
The user agrees to pay the platform usage fee, security deposit and technical service fee to the platform in accordance with the standard stated in the public link of the platform and the standards determined in the subsequent updated standard or supplementary agreement (if any).
8.1 Service Fee
During the process of user application and operation, the platform provides relevant system maintenance and support services, and the technical service fees charged to users are as follows:
8.1.1 Fixed technical service fee (if agreed): The technical service fee corresponding to the specific service period that the user should pay to the platform after obtaining the payment authority.
8.1.2 Proportional service fee: In addition to the fixed technical service fee, the platform collects the technical service fee from the user in real time every time the user completes a transaction. The default service fee rate of the platform is 2% of the transaction amount (unless otherwise agreed), and the platform will deduct it from the transaction income in real time when the user's goods or programs are sold. Query the corresponding flow in the "Fund Details" under the function.
8.1.3 Value-added service fee
When users use this platform or the value-added services provided by a third party designated by this platform, they shall sign separately in accordance with the
Agreement to perform its obligations and pay related fees.
8.2 Taxes
Users should bear the relevant taxes and fees during the operation process, and the platform is not obliged to withhold and pay for users.
8.3 Withdrawal and settlement: The platform and the user shall settle the payment for the order generated by the user based on the operation of the studio based on this agreement in accordance with the following agreement:
8.3.1 The user agrees: the platform will introduce third-party payment institutions or banks to provide such services, and the user should sign possible relevant agreements with the third-party payment institutions or banks as required;
8.3.2 Before users publish programs or products on this platform, they need to bind the specified third-party payment institution or bank account in the function of "receipt account binding" on this platform according to the guidelines of this platform; users generate sales revenue on this platform , according to certain rules (including but not limited to the rules of the platform or the rules of third-party payment institutions), the platform will automatically withdraw part of the sales revenue belonging to the user to any collection account bound by the user in real time; If the automatic cash withdrawal fails due to problems such as third-party payment institution rules or incorrect information filled in by the user, the platform will automatically transfer the income amount to the user's platform account balance, and the user can manually withdraw cash according to the platform rules.
8.3.3 This platform provides the following settlement methods, and the specific settlement methods are subject to the system confirmation of this platform. The platform system automatically generates the user's "account balance" according to the platform rules (if the settlement date falls on a rest day or statutory holiday, it will be postponed to the first working day after the rest day or statutory holiday) when the user makes an order sale. The platform issues a cash withdrawal instruction to the payment institution, and after the platform automatically or manually reviews, the payment institution will pay the payment to the payment institution account designated by the user;
1) Billing cycle: At present, the billing cycle of this platform is instant settlement, that is, when the user generates sales revenue, the actual
The income payment can be withdrawn to the account of the designated third-party payment institution;
2) The platform has the right to unilaterally adjust the settlement cycle and adjust the production
The effective time is subject to the time when the platform issues an announcement or a platform system message. If the user does not agree to the adjustment, he should immediately stop using the platform for product sales; if the user still conducts business activities on the platform after the adjustment announcement or message is issued by the platform, Then the default user agrees to the adjustment.
The invoicing of other expenses is subject to relevant laws and regulations and other normative documents and the rules of this platform.
8.3.3 The user binds the account of the third-party payment institution for cash withdrawal and automatic carry-forward of income through the "withdrawal account binding" function of the platform before carrying out business activities on the platform. If the withdrawal fails due to the user's personal input error or If the payment is withdrawn to another person's account, the loss caused by the user shall be borne by the user. The platform shall not be liable for all losses caused to the user in this case, nor shall it be liable for the recovery of the payment; Errors and losses shall be borne by the user.
8.3.4 Renminbi is used as the settlement currency for the business carried out between the platform and users in accordance with this agreement.
9. Confidentiality obligation
9.1 Either party is obliged to keep confidential the signing and content of this agreement and the commercial secrets of the other party learned during the performance of this agreement. Without the written consent of the counterparty, such confidential information shall not be disclosed, given or transferred to any third party (except affiliated companies) other than the counterparty.
9.2 After the termination of this agreement, the obligations of each party under this clause will not be terminated, and each party still needs to abide by the confidentiality clause of this agreement and perform its confidentiality obligations, until the other party agrees to release this obligation, or In fact, it will not cause any damage to other parties due to violation of the confidentiality clause of this agreement.
10. Liability for breach of contract
10.1 If the user's operation leads to a dispute or the government department investigates and deals with it, the user should provide the corresponding proof materials according to the requirements of the platform, and if necessary, the platform and/or its affiliated companies/institutions should be assisted or authorized by the platform to handle and resolve it. The user shall fully compensate for the loss of the platform and/or its affiliated companies/institutions (losses include but not limited to litigation fees, attorney fees, compensation, compensation, administrative punishment, travel expenses, etc.) caused by this.
10.2 The user promises not to upload or sell any illegal programs including Trojan horses and viruses on this platform that may destroy other people’s files or steal other people’s information, otherwise the platform has the right to require the user to pay RMB 1 million or 10 times the total cumulative sales of the user (The higher of the two shall prevail) as liquidated damages; if the platform or other users lose due to the above-mentioned violations, the user shall pay additional full compensation. At the same time, the platform has the right to take measures such as suspending the provision of services to users, temporarily closing user accounts, suspending payment of unsettled funds, and terminating cooperation with users. If the liquidated damages are not enough to make up for the loss of the platform, the user shall also make full compensation (including but not limited to the platform's compensation to the customer, compensation, punishment by the administrative department, attorney fees, litigation fees, appraisal fees, travel expenses, etc.).
10.3 No matter what method the user adopts to attract users of this platform to a platform or place other than this platform to conduct transactions or bypass the designated payment method of this platform to conduct transactions, as well as illegally obtain data on this platform, use this platform to seek improper benefits or engage in For illegal activities, the platform has the right to reserve the right to investigate the breach of contract from the user.
10.4 When a user violates this agreement, the platform not only has the right to require the user to bear the liability for breach of contract in accordance with the provisions of this agreement, but also has the right to restrict the developer's authority and terminate this agreement according to other provisions of this agreement.
10.5 The liquidated damages and compensations involved in this article shall be paid by the user within 5 days, otherwise the platform has the right to directly deduct them from the unsettled payment of the user, unless otherwise stipulated in this agreement.
11. Limitation of Liability and Disclaimer
11.1 Under no circumstances shall this platform be liable for failures of electricity, networks, computers, communications or other systems, strikes (including internal strikes or labor riots), labor disputes, riots, uprisings, riots, lack of productivity or means of production , Fires, floods, storms, explosions, wars, government actions and other force majeure, international and domestic court orders or third-party omissions caused by inability to service or delay in service shall be liable.
11.2 The services under this agreement will be provided on an "as is" and "available" basis, and the platform hereby expressly declares that it does not make any express or implied guarantees for the services, including but not limited to the applicability of the services, no errors or Omissions, continuity, accuracy, reliability, suitability for a specific purpose, and meeting any user's needs. Before confirming the use, the user should fully consider and make a careful decision. Once used, the user will bear all the risks and responsibilities arising therefrom.
11.3 The use of this platform to download data or obtain any information is based on the independent judgment of the user, and the user shall bear the possible risks and responsibilities arising therefrom.
11.4 Legal status statement: As a transaction service platform provider, this platform only provides transaction channels to facilitate transactions between users and other users, and is not a participant in transactions between users and other users. This platform is not responsible for users and/or participants. Any oral or written statements or commitments made by other users of the transaction, the authenticity, legality, accuracy, timeliness, validity, etc. of the published information and transaction behaviors, etc. legal liability. Any legal disputes arising from transactions between the user and other users involved in the transaction, including but not limited to complaints, prosecutions, reports, and taxes, shall be resolved by both parties involved in the transaction, and the platform and/or its affiliates shall Company/institution irrelevant. However, when the user fails to perform the obligation, the platform has the right to intervene in the disputes between the user and other users, and judge and deal with the dispute based on ordinary people's awareness, and the user should implement it.
12. Validity period of the agreement
This Agreement shall be valid from the date of entry into force until the expiry date of the developer service period certified by the user based on this Agreement.
13. Termination of the Agreement
13.1 This agreement will terminate naturally under the following circumstances: the developer's service period expires, but the user does not submit an extension application or the extension application fails to pass the review of the platform;
13.2 After the signing of this agreement, the platform has provided manpower, material resources, technical support and services in order to enable the user to operate smoothly. If the agreement is terminated early due to the aforementioned reasons, the user agrees that the platform will not refund the paid platform usage fee ( If agreed), if not paid, the user agrees to pay in full.
13.3 This platform can unilaterally terminate this agreement when the user has the following circumstances:
13.3.1 All developer permissions are suspended;
13.3.2 Part of the developer's permission is suspended, but the user fails to improve within the time limit;
13.3.3 Negative news from users may affect the reputation of the platform;
13.3.4 The user has not logged in to the platform for 180 consecutive days;
13.3.5 In other corresponding clauses of this agreement, it is stipulated that this platform has the right to terminate this agreement.
13.4 Handling of related matters after the termination of the agreement
13.4.1 From the date of termination of the agreement, the platform will stop the rights of users and developers. At the same time, the platform has no obligation to continue to display any user and product information on the platform.
13.4.2 After the termination of this agreement, the platform has the right to retain the user's registration information and transaction behavior records and other data, but the platform has no obligation to retain these data for the user, nor is it responsible for forwarding any information to the user or a third party after the termination of the agreement. Obligation for unread or unsent messages, nor liability to the user or any third party for the termination of the agreement.
13.4.3 The termination of this agreement does not exempt the user from the after-sales service and product guarantee responsibilities that the user should undertake to the customer in accordance with this agreement, and the user should still perform the after-sales service obligation and product quality assurance responsibility; However, if the personal or property loss of this platform or other third parties is caused, the user shall still bear full responsibility independently.
13.4.5 After the termination of this agreement, if the platform receives an investigation from the relevant user's administrative agency or a lawsuit occurs due to the user, the user must actively cooperate with the platform to deal with it. If the platform suffers losses due to this, the user shall independently bear all responsibility.
14. Notification and Delivery
14.1 The platform will notify users of the changes in the technical service fee charging standard, rule changes, and notifications for all users in the form of system messages on the platform. Once the news is released, it will be deemed delivered, and users should pay attention to the content of the system messages in real time.
14.2 Unless there are other mandatory provisions in laws, regulations or regulatory provisions, during the performance of this agreement, if the platform sends a written notice to the user, the third natural day after the mailing address provided by the user to the platform shall be deemed as Delivery; the form of written notification also includes but is not limited to publishing announcements on this platform, sending emails to users, internal messages on this platform, system information, contact phone text messages and other electronic methods. Delivery is deemed to have been made on the day it is dispatched. The user should ensure that the contact address, contact person, telephone number, and email address provided are true, accurate, and valid. If the information changes, it should be updated in the system of this platform immediately. arrival address.
15. Dispute Resolution
15.1 Any dispute arising from the performance of this agreement shall be settled by the agreement parties through negotiation. If the negotiation fails, either party has the right to submit the dispute to Shenzhen Luohu District People's Court for litigation.
15.2 The signing, interpretation, modification, performance and dispute resolution of this agreement shall be governed by the currently effective laws of the mainland of the People's Republic of China.
16. This platform has the final right to interpret the definitions of text information such as platform agreements, terms, and notices.
ICWORKSHOP Technology (Shenzhen) Co., Ltd.