ZWPhone User License Agreement

Welcome to the ZWPhone Cloud Phone Platform!

The ZWPhone Cloud Phone Platform (including but not limited to operating environments provided in the form of APP, web, desktop software, WeChat public account, mini-program, website, etc.) is a cloud computing platform relying on mobile content operated by HONG KONG BETTENS TECHNOLOGY CO.,LIMITED. The ZWPhone Cloud Phone Platform User License Agreement (hereinafter referred to as "this Agreement") is jointly recognized and signed by you and HONG KONG BETTENS TECHNOLOGY CO.,LIMITED (hereinafter referred to as "BETTENS" or "we"). The contents of this Agreement include the main text of the terms, the ["ZWPhone Cloud Phone Platform User Privacy Policy"], ["ZWPhone Cloud Phone Cloud Drive Usage Agreement"], ["ZWPhone Cloud Phone Purchase Service Agreement"], and various rules already issued or that may be issued in the future by HONG KONG BETTENS TECHNOLOGY CO.,LIMITED. Please carefully read and fully understand all contents of this service terms before registering or using this service. The contents marked in bold are related to your rights and interests or may have a significant relationship, and are clauses that exempt or limit the liability of this website. This website hereby specially reminds you that before applying for the registration process of the ZWPhone Cloud Phone Platform (hereinafter referred to as "this Software"), you must carefully read and fully understand each clause of this Agreement, especially those involving exemption or limitation of this website's liability, exclusion or restriction of your rights, authorization clauses, applicable law and dispute clauses, etc. If you do not agree with any or all contents of the Agreement, please do not proceed with the next operation or use this Software service in the form of accepting this Software service (including but not limited to clicking agree/accept/next, entering the purchase process, making any purchases of ZWPhone Cloud Phone Platform service contents, or using any other form of confirmation operation, collectively referred to as: "Form of Accepting the Service"). If you proceed with the next operation or use this service in the Form of Accepting the Service, it indicates that you have read, understood, and agreed to sign this Agreement, and voluntarily accept and comply with all provisions of this Agreement.

You acknowledge that the terms listed in this Agreement jointly signed by both parties cannot fully enumerate and cover all rights and obligations between you and BETTENS, and the existing agreements cannot guarantee complete compliance with future development needs. BETTENS reserves the right to revise this Agreement at any time due to changes in relevant laws and regulations, company operating conditions and strategies, software upgrades, etc. The revised agreement terms will be published through system backend announcements. Please read them carefully. When you proceed with the next operation or continue to use this service in the Form of Accepting the Service, it indicates that you have accepted all modifications to this Agreement. The updated Agreement shall take effect from the date of publication of the updated version.

If you are a minor under 18 years old, please read and confirm the terms of this Agreement under the accompaniment of your legal guardian, and pay special attention to the terms for minors.

1. Definitions

"This Software" refers to: The software system developed by BETTENS for you to download from the download platform and install and use on corresponding system handheld mobile terminals and desktop ends. This Software is a cloud phone platform that integrates games, tools, gift packs, and other mobile software applications, including various third-party software and service applications. This Software does not provide content creation.

2. Rights Statement

BETTENS owns the copyright of this Software, and all information content related to this Software belongs to the intellectual property of BETTENS, including but not limited to: textual expressions and their combinations, icons, decorations, charts, colors, interface designs, layout frameworks, related data, printing materials, or electronic documents of this Software. BETTENS enjoys intellectual property rights and is protected by relevant laws and regulations. Any unauthorized modification, distribution, rental, translation, disassembly, reverse compilation, or reverse engineering of all or part of this Software program constitutes infringement, and BETTENS reserves the right to pursue legal liability in accordance with the law.

1.The name, logo, UI, information content, etc., of this Software, including the various information indicated above, are protected by law, and no one may copy or imitate them;

2.This Software is protected by intellectual property rights, and no third party may, without official consent, unauthorizedly modify, distribute, rent, translate, disassemble, reverse compile, or reverse engineer this Software;

3.The software, games, text, images, and other information in this Software uploaded by other users may be browsed, downloaded, stored, and used by you, but you shall not engage in activities infringing intellectual property rights;

4.When sharing games, software, link addresses, etc., you shall confirm that the content is legal and does not infringe any third party's intellectual property rights before publishing;

5.When browsing and downloading information shared by other users in this Software, if you discover any statements infringing other intellectual property rights, please notify BETTENS in a timely manner.

3. Scope of Authorization

BETTENS authorizes you to use this Software non-commercially and provides you with download, installation, use, upgrade, uninstallation, and related data services. You may independently choose to download, install or uninstall, and use this Software, and use the corresponding data services provided by BETTENS, and enjoy the maintenance and upgrade services of BETTENS. You may non-commercially copy and distribute this Software. Without written authorization and permission from BETTENS, you shall not engage in commercial sales, copying, distribution, or other commercial activities. The specific scope of authorization is as follows:

1.You may non-commercially download, install, and use this Software;

2.You may non-commercially copy and distribute this Software, but must ensure that every copy and distribution is complete and authentic, including all software, electronic documents, copyrights and trademarks related to this Software product, and this Agreement.

3.Due to software adaptation to platforms, operating systems, and terminal limitations, this Software can only be used on supported system platforms and terminals. Please carefully confirm before purchasing the service whether this Software can be used on the system platform and terminal you use. If you click to purchase the service and make payment, it represents that you have fully understood and confirmed that this Software is applicable to the system platform and terminal you use.

4. Software Usage Authorization

1. Software Usage Notes:

This Software is a cloud phone platform provided by BETTENS aimed at helping you create a healthy ecosystem application mode for mobile smartphones, providing virtual phone software applications and services. Before using, you need to carefully understand the following:

(1)This Software supports remote control functions for mobile game and other mobile application software. The usage methods of this Software vary for different models and operating systems of mobile phones.

(2)The best prerequisite for using this Software is to ensure that the phone battery is above 20% and the phone storage remaining space is greater than 100MB, to ensure sufficient power and space to complete the acquisition process.

(3)Using this Software requires registering a software account, i.e., becoming a registered user before you can use this Software. If a registered user violates the relevant agreement provisions of this platform, BETTENS reserves the right to suspend or terminate the user's account usage rights.

(4)When using this Software to view received text, images, files, and other information online, your phone will generate corresponding data traffic fees, charged by the operator.

(5)This Software is only applicable to the operating systems publicly supported on its official website. If you wish to abandon use for any reason after installing this Software, you may delete this Software using the deletion methods provided by each operating system.

(6)When using third-party products or applications on this Software, you shall not use products that affect the normal operation of this Software system, such as game assistants, dual-opening, multi-opening, sandbox, framework, and other software.

(7)The authorization function in this Software is only for use when abnormal situations occur during your use of the cloud phone, and you need to authorize a third party through the authorization function to assist in collaborative work to resolve the abnormal issue. Moreover, authorizing third-party operations may lead to leakage of your privacy information to the third party, so please use this function with caution; if a dispute arises between you and a third party due to the authorization function, the ZWPhone Cloud Phone Platform shall not be responsible; at the same time, the ZWPhone Cloud Phone Platform strictly prohibits users from using the authorization function for offline transactions of cloud phones.

(8)If you engage in any of the following behaviors, the ZWPhone Cloud Phone Platform will directly deem your behavior as using the authorization function for offline transactions for commercial purposes, and the ZWPhone Cloud Phone Platform reserves the right to temporarily or permanently restrict part or all functions of your account. You may submit materials proving account abnormality requiring third-party assistance through the appeal channel to apply for unblocking from the ZWPhone Cloud Phone Platform.

a.For profit-making purposes, using the platform's authorization function to publish information on cloud phone rental or transfer on third-party e-commerce and social platforms.

b.Multiple times within a monthly cycle, authorizing part or all cloud phones under your ZWPhone Cloud Phone Platform account to any third-party user via the authorization function.

(9)This Software prohibits any illegal uses! It prohibits installation or use of illegal application software, websites, and any other illegal technologies involving fraud, pornography, lottery, politics, violence, gambling, viruses, trojans, cheats, phishing, VPN services, etc. (including but not limited to the above contents).

(10)This Software prohibits uploading infringing content to the cloud drive. If infringing content is found, it will be deleted within 24 hours and the account will be banned.

2. Software Usage Rules:

You shall use this Software in compliance with laws and this Agreement, and shall not violate the following provisions when using this Software:

(1)You shall not use this Software to create, copy, publish, disseminate, or store information including but not limited to the following contents:

Opposing the basic principles established by the Constitution;

Endangering national security, leaking state secrets, subverting state power, or undermining national unity;

Damaging national honor and interests;

Inciting ethnic hatred or discrimination, undermining ethnic unity;

Violating national religious policies, promoting cults and feudal superstitions;

Spreading rumors, disrupting social order, undermining social stability;

Viewing, participating in, or disseminating obscenity, pornography, violence, gambling, terror, or instigating crimes;

Insulting or defaming others, infringing others' legitimate rights;

Any infringement of any third party's intellectual property rights in works;

Infringing third parties' name rights, reputation rights, portrait rights, privacy rights, and other legitimate rights and interests;

Containing false, harmful, coercive, invading privacy, harassing, infringing, slandering, vulgar, obscene, or other morally offensive content;

Containing other contents restricted or prohibited by Chinese laws, regulations, rules, ordinances, and any other norms with legal effect;

(2)You shall not use this Software to engage in behaviors including but not limited to the following:

Intentionally circumventing or destroying technical measures taken by authors or developers to protect the copyright of this Software;

Using this Software to mislead or deceive others;

Violating national regulations by deleting, modifying, adding, or interfering with the system functions of this Software, causing this Software to not operate normally;

Disrupting the normal operation of this Software system, intentionally spreading computer viruses or other destructive programs;

Any other endangering computer information network security;

3. Account Responsibility

(1)Providing registration information: When applying to register an account for this Software, you shall provide this Software with the latest, detailed, and true and accurate registration information (for individual users: user name, ID number, mobile phone number; for institutional users: registered institution name, business license, legal representative ID information, etc.), and promise that you are registering as a real identity to become a user of this Software, and guarantee that the provided identity information is true, complete, and valid, bearing corresponding legal liability in accordance with legal provisions and this Agreement for the provided information.

All registration information provided by you may be used by this Software as the basis for identifying user identity. You agree to provide proof materials that can prove the authenticity of such information at any time upon request from this Software (including pictures, video materials, etc., that can prove that the account user and the bound identity information are the same person), so that this Software can provide necessary assistance and support for verifying user identity due to current product regulatory policies or upon request from relevant regulatory departments, and provide relevant evidence information to relevant administrative and judicial agencies. Such materials will be deleted after your purchased service expires or this Software fulfills its statutory regulatory obligations. If the information you provide to this Software is inaccurate, untrue, illegal or invalid, or has changed without timely update, or is misleading in any way, this Software reserves the right to suspend or terminate any services for your use of this Software until you provide information that meets the requirements.

(2)You bear full responsibility for the confidentiality of the password and account, and for all activities occurring in the account. Losses caused by password leakage or username forgetting shall be borne by you. If you discover that others are impersonating or stealing your account and password or any other unauthorized use or any other unsafe behavior, you shall immediately notify the ZWPhone Cloud Phone Platform in an effective manner and request the ZWPhone Cloud Phone Platform to suspend the relevant services. At the same time, you understand that the ZWPhone Cloud Phone Platform needs a reasonable period to take action on your request. Before that, the ZWPhone Cloud Phone Platform shall not bear any responsibility for the executed instructions and the losses caused to you;

(3)You understand and agree that the ZWPhone Cloud Phone Platform has the right to understand the true background and purpose of your use of this Software service, and has the right to require you to provide true, complete, and accurate information truthfully. If the ZWPhone Cloud Phone Platform has reasonable grounds to suspect that the information you provide is untrue, involves unauthorized offline transactions, fictitious transactions, or your behavior violates the service rules of the ZWPhone Cloud Phone Platform, the ZWPhone Cloud Phone Platform reserves the right to temporarily or permanently restrict part or all functions of the services used under your account.

4.For this Software product downloaded from non-BETTENS designated sites or channels not independently issued by BETTENS, BETTENS cannot guarantee whether the software is infected with computer viruses, whether it hides disguised Trojan programs or hacker software. Using such software may lead to unpredictable risks and losses. It is recommended that you do not download, install, or use it easily. If the above situations occur, BETTENS shall not bear any losses or compensation arising therefrom.

5.This Software does not contain any malicious code intended to destroy your mobile communication device data or obtain your privacy information, does not contain any function code for tracking or monitoring you, will not monitor your online or offline behavior, will not collect your personal information from using other software or documents, and will not leak your privacy.

6. If you fail to comply with the usage rules of this Software, the ZWPhone Cloud Phone Platform reserves the right to take corresponding measures, including but not limited to freezing, suspending, terminating part or all of this service, and deleting relevant information for this Software account and cloud phone. For accounts frozen, terminated, deleted, or otherwise restricted by the ZWPhone Cloud Phone Platform based on the above behaviors, the ZWPhone Cloud Phone Platform shall not refund any fees to you. Unused service fees shall be forfeited to the ZWPhone Cloud Phone Platform as liquidated damages. You shall bear the losses in your account independently, and if losses are caused to the ZWPhone Cloud Phone Platform (including but not limited to attorney fees, litigation fees, etc.), you shall also compensate.

7.If the user's breaching behavior causes losses to the ZWPhone Cloud Phone Platform, including the ZWPhone Cloud Phone Platform's own direct economic losses, goodwill losses, and indirect economic losses such as attorney fees and litigation fees, the user shall compensate the ZWPhone Cloud Phone Platform and all the above losses.

8.If your breaching behavior causes damage to any third party, you shall bear the responsibility independently. If for any reason the ZWPhone Cloud Phone Platform first compensates the third party, you shall immediately pay the compensation to the ZWPhone Cloud Phone Platform upon receiving the notification from the ZWPhone Cloud Phone Platform.

5. Third-Party Software or Services

This Software may use or include software or services provided by third parties (hereinafter referred to as "such services"). Such services are set up in response to your needs to provide you with more convenience. BETTENS does not provide content creation. When using such services, you shall separately enter into a service agreement with the third party, pay the corresponding fees, and bear possible risks. If you continue to use this Software or service, it indicates that you default to the following points:

1.The ZWPhone Cloud Phone Platform has no right under this Agreement to grant you any rights to use third-party software or services, nor to provide any form of warranty or corresponding customer service support for such services. If you need to consult related information, you may contact the third party directly. If any disputes arise or losses are caused due to your use of such services, you may negotiate and resolve directly with the third party, and the ZWPhone Cloud Phone Platform shall not bear any responsibility or compensation.

2.The current Software service you are using and the services currently included in this Software, the ZWPhone Cloud Phone Platform does not guarantee that you may use this service or the services included in this Software permanently unchanged, nor that it will not use other similar or different types of software or services in the future other than the existing ones. Once the service contents in this Software are changed/added or upgraded to software including the aforementioned service contents, the provisions of this Agreement shall also apply.

3.If the third party confirms that you have violated the agreement between you and it regarding the use of such services and stops providing such services to you, and at the same time requires the ZWPhone Cloud Phone Platform to assist in handling, you understand and acknowledge that the ZWPhone Cloud Phone Platform will take technical measures to suspend or terminate your continued use of the third-party software.

6. Privacy Protection

You agree that personal privacy information refers to information that can identify you personally or involves personal communications, including the following information: your real name, ID number, mobile phone number, registered institution name, business license, legal representative ID information, IP address. This Software only provides cloud phone services and will not actively collect your account and personal information from using third-party software and games in the cloud phone. However, due to the other third-party software and games you use automatically saving account passwords and personal privacy information in the cloud phone hardware storage, after your cloud phone service expires, the system will automatically clean up the information from the cloud phones you have used, fully ensuring that your personal data and privacy information will not be used for other purposes.

Respecting the privacy of your personal privacy information is a consistent policy of BETTENS. BETTENS will take reasonable measures to protect your personal privacy information. Except for requirements from laws or government departments with legal authorization or with your consent, BETTENS will not disclose or reveal your personal privacy information to third parties other than cooperating units without your consent. However, this does not apply if you choose to agree during registration, or if you and the ZWPhone Cloud Phone Platform and other cooperating units have other agreements on the public disclosure or use of your personal privacy information. At the same time, you shall bear any risks arising therefrom yourself, and the ZWPhone Cloud Phone Platform shall not be responsible.

7. Agreement Termination and Liability for Breach

You shall use this Software within the scope of software authorization, respect the intellectual property rights and usage norms of this Software and its contents; fulfilling obligations as agreed in this Agreement is the prerequisite for your use of this Software.

If you violate this Software and other relevant usage requirements, terms, agreements, notices, etc., resulting in termination of service provision, or if you terminate using the ZWPhone Cloud Phone Platform Software service during use due to non-ZWPhone Cloud Phone Platform Software functional issues, the ZWPhone Cloud Phone Platform shall not refund any fees to you. Unused service fees shall be forfeited to the ZWPhone Cloud Phone Platform as liquidated damages. You shall bear the losses in your account independently, and if losses are caused to the ZWPhone Cloud Phone Platform (including but not limited to attorney fees, litigation fees, etc.), you shall also compensate.

If you make any form of commitment to the ZWPhone Cloud Phone Platform for the purpose of maintaining platform order and protecting consumer rights, under the premise that the ZWPhone Cloud Phone Platform confirms your violation of such commitment, the ZWPhone Cloud Phone Platform may take restrictive measures on your rights to use this Software in accordance with your commitment or the method agreed in the agreement, including suspending or terminating this Agreement.

If you violate this Agreement or other agreements signed with the ZWPhone Cloud Phone Platform, the ZWPhone Cloud Phone Platform may take restrictive measures on the rights you obtain therein, including suspending or terminating the provision of part or all services to you, and publicly disclosing your breach on the official platform of the ZWPhone Cloud Phone Platform in accordance with the law.

This Software is obtained by you through independent download from various download platforms, and you shall comply with the relevant agreements of the corresponding download platforms for your use of this Software. If the above third-party platforms confirm that you violate such agreements and require the ZWPhone Cloud Phone Platform to assist in handling, the ZWPhone Cloud Phone Platform may terminate your use of this Software or service due to third-party requirements.

Upon termination of this Agreement, you shall stop using this Software and delete all copies of this Software.

If you violate the terms stipulated in this Agreement, causing losses to the ZWPhone Cloud Phone Platform and/or other users, you must bear full compensation liability. If we bear the above liability, you agree to compensate us for the relevant expenditures and losses.

You agree that, within the scope permitted by law, the following situations do not constitute breach by the ZWPhone Cloud Phone Platform, and the ZWPhone Cloud Phone Platform shall not bear any responsibility:

1.Situations where you cannot use the product service normally due to the following reasons:

(1)You are attacked by hackers, leading to data loss and service interruption;

(2)You experience data loss and service interruption due to system or network configuration changes in third-party software;

(3)You experience service unavailability due to program bugs in third-party software;

(4)Other service abnormality situations caused by non-ZWPhone Cloud Phone Platform cloud phone reasons.

2.The cloud phone of the ZWPhone Cloud Phone Platform needs to interrupt service for a short time during server configuration and maintenance, and has notified you in advance;

3.Service abnormalities or interruptions such as reduced network access speed caused by Internet pathway congestion not due to the ZWPhone Cloud Phone Platform's cloud phone reasons, including but not limited to:

(1) Natural disasters such as earthquakes, explosions, floods, fires, storms, typhoons, etc.;

(2) Situations such as wars, war-like actions, hostile acts, armed conflicts, terrorist activities, rebellion, coups, etc.;

(3) Strikes, riots, civil unrest, or malicious acts;

(4) Power or power failures, public facilities, or other telecommunications failures;

(5) Government actions, policy changes, blockades, embargoes, telecommunications department technical adjustments, government controls, etc.

4.Other exempt circumstances

8. Law and Dispute Resolution

All terms of this Agreement are governed by the relevant provisions of the laws of the People's Republic of China. In the absence of relevant legal provisions, industry practices may be referred to.

The ZWPhone Cloud Phone Platform may change the entity providing the software or services to you due to business adjustments. After the change, the ZWPhone Cloud Phone Platform and you will jointly perform this Agreement, and the above changes will not affect your rights under this Agreement. In case of disputes, you may determine the entity performing the contract with you and the counterparty to the dispute based on the specific services used and the specific behavior objects affecting your rights.

Any disputes arising from this Agreement or related to this Agreement shall be resolved through friendly negotiation by the parties; if negotiation fails, either party may submit the relevant dispute to the People's Court where the software service provider is located for resolution.

9. Information Changes

If you change account information, communication address, phone, or other relevant important information, you must notify BETTENS in a timely manner. All losses caused by your failure to notify in time shall be borne by you.

10. Compensation

1.If you cause losses to BETTENS due to violation of this Agreement or other documents under this Agreement, or violation of any laws or regulations, you shall compensate, and the compensation scope includes but is not limited to BETTENS's direct losses, indirect losses, and rights protection fees (attorney fees, litigation fees, preservation fees, appraisal fees, litigation fees), etc.

2.If you infringe third-party rights due to violation of the preceding provisions, leading to any claims, lawsuits, or administrative liabilities raised by third parties against BETTENS, you promise to unconditionally bear the corresponding responsibilities and exempt this website from liability. If losses are caused to the ZWPhone Cloud Phone Platform thereby, you shall compensate, and the compensation scope includes but is not limited to this website's rights protection fees (attorney fees, litigation fees, preservation fees, appraisal fees, litigation fees), reputation losses, and compensation payments made by BETTENS to third parties, etc.

3.The cloud phone of this Software relies on hardware and is limited by technical conditions and hardware wear. Please understand: We will not save your account data and personal privacy information from using third-party software and games in the cloud phone. In cases where the hardware suffers irreparable damage, we will proactively perform hardware maintenance and upgrades. To more effectively protect your personal information data security, at this time, your third-party software and game accounts and personal information will be cleaned up. Please properly safeguard the relevant information; we shall not bear any legal liability arising from storage or loss due to data cleanup.

4.After purchasing the service, you acknowledge that the ZWPhone Cloud Phone Platform's cloud phone provides services as-is. If you actively cancel or terminate the service midway, you will not receive a refund of the ZWPhone Cloud Phone Platform's cloud phone service fees. You understand that the ZWPhone Cloud Phone Platform cannot guarantee that the provided product services are flawless, and agree that even if the services provided by the ZWPhone Cloud Phone Platform have defects such as lag or crashes, it shall not be deemed a breach. You agree to cooperate with the ZWPhone Cloud Phone Platform to resolve service defect issues.

11. Other Terms

If any term of this Agreement is completely or partially invalid or unenforceable for any reason, it shall not affect the validity of the other terms.

Please carefully read and comply with this License Agreement and Disclaimer when using this Software.

BETTENS reserves the rights of interpretation and modification of this Agreement to the maximum extent permitted by law.