Doutian Software License and Service Agreement

Introduction

Welcome to Doutian software and services!

To use Doutian software (the “Software”) and services, you must read and comply with this Doutian Software License and Service Agreement (the “Agreement”). Please read and fully understand its terms carefully, particularly provisions that exclude or limit liability and separate agreements governing particular services, before deciding whether to accept them. Provisions limiting or excluding liability may appear in bold to draw your attention.

Unless you have read and accepted all terms of this Agreement, you are not entitled to download, install or use the Software or related services. Downloading, installing or using the Software, obtaining a Doutian account, logging in, or taking similar actions is deemed to mean that you have read and agreed to be bound by this Agreement.

If you are under 18, please read this Agreement and the other agreements mentioned above with your legal guardian, paying particular attention to the terms concerning minors.

1. Scope of the Agreement

1.1 Parties to whom the Agreement applies

This Agreement is between you and Doutian concerning your download, installation, use and copying of the Software and your use of related Doutian services.

It also includes related agreements and business rules concerning the services that Doutian may publish from time to time. Once formally published, those materials become an integral part of this Agreement and you must comply with them.

2. The Service

2.1 Service content

The service is the software license and services provided by Doutian, including image and text services and, without limitation, features or content such as expanding social connections, convenient tools and an open platform (the “Service”).

2.2 Form of the Service

2.2.1 You must download the Doutian client software to use the Service. Doutian grants you a personal, non-transferable and non-exclusive license to the client software.

2.2.2 Doutian client software for the Service may be offered in versions including, without limitation, iOS, Android, Windows Phone, Symbian, BlackBerry, Windows and Mac. You must choose a version compatible with your device.

2.3 Scope of the license

2.3.1 Doutian grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display and run it on a single device for non-commercial purposes.

2.3.2 You may make one copy of the Software solely as a backup for the purpose of using the Software and Service. The backup must include all copyright notices contained in the original Software.

2.3.3 Doutian reserves all rights not expressly granted by this section or elsewhere in this Agreement. You must obtain separate written permission from Doutian to exercise those rights. Doutian's failure to exercise any of them does not constitute a waiver.

3. Obtaining the Software

3.1 You may obtain the Software directly from Doutian's website or from a third party authorized by Doutian.

3.2 If you obtain the Software, or an installation program with the same name, from an unauthorized third party, Doutian cannot guarantee that it will work properly and is not responsible for resulting losses.

4. Installing and Uninstalling the Software

4.1 Doutian may develop different versions of the Software for different devices. You should download and install a version appropriate for your circumstances.

4.2 After downloading the installer, follow its prompts to install the Software correctly.

4.3 To provide better and more secure services, Doutian may recommend other software during installation. You may choose whether to install it.

4.4 If you no longer need the Software or need to install a new version, you may uninstall it yourself. If you would like to help Doutian improve its products and services, please tell us why you uninstalled it.

5. Software Updates

5.1 To improve the user experience and services, Doutian will continue to develop new services and may provide software updates from time to time, including replacement, modification, enhanced features and version upgrades.

5.2 To maintain the security and consistent functionality of the Software and Service, Doutian may update the Software or change or restrict the effect of some features without giving you specific notice.

5.3 After a new version is released, older versions may no longer work. Doutian does not guarantee their continued availability or related customer support. Please check for and download the latest version.

6. Protection of Users' Personal Information

6.1 Protecting users' personal information is a basic principle of Doutian. Doutian will take reasonable measures to protect it. Except as required by laws or regulations, Doutian will not publicly disclose or reveal users' personal information to third parties without their permission. Doutian uses professional encryption methods for storing and transmitting relevant information to help keep it secure.

6.2 When registering an account or using the Service, you must provide certain necessary information. For example, an email address is needed for account registration or user identification. If national laws, regulations or policies impose special requirements, you must provide true identity information. If the information you provide is incomplete, you may be unable to use the Service or may face restrictions.

6.3 You may generally view and change information you submit at any time. However, for security and identity verification, including account appeals, you may be unable to change your initial registration information or other verification information.

6.4 Doutian will use security technologies and procedures and establish management systems to protect your personal information from unauthorized access, use or disclosure.

6.5 Doutian will not disclose your personal information to any company, organization or individual outside Doutian without your consent, unless laws or regulations provide otherwise.

6.6 Doutian attaches great importance to protecting minors' personal information. If you are under 18, you should obtain the prior written consent of a parent or legal guardian before using Doutian's services.

7. Principal Rights and Obligations

7.1 Account rules

7.1.1 You must register a Doutian account before using the Service. A Doutian account may be registered using an email address. Doutian may change the available registration methods based on user needs or product requirements.

7.1.2 A Doutian account is owned by Doutian. After registration, a user receives only the right to use the account, and that right belongs solely to the original registrant. The original registrant may not give, lend, rent, transfer or sell the account, or otherwise allow anyone else to use it. No other person may use it by gift, inheritance, lease, transfer or any other means.

7.1.3 You are responsible for safeguarding your account information and password and bear legal responsibility for actions taken through your account and password. You agree not to disclose them to others under any circumstances. If you suspect someone else is using your account, notify Doutian immediately.

7.1.4 If you do not log in for a long period after registering an account, Doutian may reclaim it to avoid wasting resources. You bear any resulting loss.

7.2 Matters users should note

7.2.1 You understand and agree that the Software uses device resources such as processing power and bandwidth to provide the Service. Data usage charges may arise. You are responsible for learning about the applicable charges from your carrier and paying them.

7.2.2 You understand and agree that some features may allow third parties to learn information about users. For example, your Doutian friends may be able to view public profile information such as your profile picture and name, and content you have made public.

7.2.3 A particular service may be governed by a separate agreement or related business rules (collectively, a “Separate Agreement”). Please read and accept the relevant Separate Agreement before using that service.

7.2.4 You understand and agree that Doutian will make commercially reasonable efforts to keep your data stored in the Software and Service secure, but cannot provide an absolute guarantee, including in the following circumstances:

7.2.4.1 Doutian is not responsible for the deletion of or failure to store relevant data in the Software or Service;

7.2.4.2 Doutian may determine the maximum retention period for a single user's data and allocate maximum server storage space according to actual circumstances. You may back up relevant data yourself as needed;

7.2.4.3 If you stop using the Software or Service, or the Service is terminated or cancelled, Doutian may permanently delete your data from its servers. It is not obliged to return data after the Service stops, ends or is cancelled.

7.2.5 When using the Software and Service, you bear risks beyond Doutian's control, including but not limited to:

7.2.5.1 Loss or disclosure of personal information caused by force majeure;

7.2.5.2 Problems or damage caused by using a version of the Software that does not match your device, for which you are responsible;

7.2.5.3 Risks arising from third-party websites and their content when you visit them through the Software;

7.2.5.4 Risks and liabilities arising when others repost or share content you publish;

7.2.5.5 Login failures, incomplete synchronization, slow page loading and similar issues caused by unstable wireless signals or limited wireless bandwidth.

7.3 Third-party products and services

7.3.1 When you use a third party's product or service through the Software, you must comply with that party's user agreement as well as this Agreement. Doutian and the third party are each responsible for disputes within the scope provided by law and their agreements.

7.3.2 When you use the Software or request a particular service, it may call a third-party system or rely on a third party to support your use or access. The results are provided by that third party. Doutian does not guarantee the security, accuracy or validity of third-party services or content, or other uncertain risks. Doutian is not responsible for disputes or damage arising from them.

7.3.3 You understand and agree that Doutian may decide to use the Software commercially, including developing or using some services to promote third parties. Doutian undertakes to protect your personal information during promotions in accordance with this Agreement. You may also use system settings to block or refuse relevant promotional information.

8. User Conduct

8.1 Content rules

8.1.1 “Content” in this section means anything a user creates, copies, posts or distributes through the Software or Service, including account registration information such as profile pictures, names and user descriptions; text, images, replies and other pages; and other content generated through a Doutian account or the Software and Service.

8.1.2 You understand and agree that Doutian seeks to provide a civil, healthy and orderly online environment. You may not use a Doutian account or the Software and Service to create, copy, post or distribute content that disrupts Doutian's normal operations or infringes the lawful rights and interests of other users or third parties, including but not limited to:

8.1.2.1 Posting, transmitting, distributing or storing content prohibited by national laws or regulations:

(1) Violating the basic principles established by the Constitution;

(2) Endangering national security, disclosing state secrets, subverting state power or undermining national unity;

(3) Harming national honor or interests;

(4) Inciting ethnic hatred or discrimination or undermining ethnic unity;

(5) Undermining national religious policies or promoting cults or feudal superstition;

(6) Spreading rumors, disrupting public order or undermining social stability;

(7) Spreading obscenity, pornography, gambling, violence or terrorism, or inciting crime;

(8) Insulting or defaming others or infringing their lawful rights and interests;

(9) Inciting unlawful assemblies, associations, marches or demonstrations, or gathering crowds to disrupt public order;

(10) Acting in the name of an unlawful non-governmental organization;

(11) Failing to meet the “seven bottom lines” concerning laws and regulations, the socialist system, national interests, citizens' lawful interests, public order, social morals and the truthfulness of information;

(12) Containing other material prohibited by laws or administrative regulations.

8.1.2.2 Posting, transmitting, distributing or storing content that infringes others' reputation, likeness, intellectual property, trade secrets or other lawful rights;

8.1.2.3 Content involving another person's privacy or personal information;

8.1.2.4 Posting, transmitting or distributing harassment, advertising, spam or sexually explicit or suggestive content;

8.1.2.5 Other content that violates laws, regulations, policies, public order or good morals; disrupts Doutian's normal operations; or infringes the lawful rights and interests of other users or third parties.

8.2 Software use rules

Unless permitted by law or by Doutian in writing, you may not:

8.2.1 Remove copyright notices from the Software or copies of it;

8.2.2 Reverse engineer, disassemble or decompile the Software, or otherwise attempt to discover its source code;

8.2.3 Use, rent, lend, copy, modify, link, repost, compile, publish, distribute or mirror content in which Doutian holds intellectual property rights;

8.2.4 Copy, modify, add to, delete from, attach to or create derivative works from the Software, data released into a device's memory while it runs, data exchanged between client and server, or system data needed for operation. This includes accessing the Software or related systems through plugins, add-ons or third-party tools or services not authorized by Doutian;

8.2.5 Change or forge the Software's runtime instructions or data to add, remove or alter its functions or effects, or operate or distribute software or methods for those purposes, whether or not commercially;

8.2.6 Log in to or use Doutian software and services through third-party software, plugins, add-ons or systems not developed or authorized by Doutian, or create, publish or distribute such tools;

8.2.7 Interfere, or authorize others or third-party software to interfere, with the Software or its components, modules or data;

8.2.8 Engage in other conduct not expressly authorized by Doutian.

8.3 Rules for using the Service

Unless permitted by law or by Doutian in writing, you may not:

8.3.1 Submit or publish false information, impersonate another person or use another person's name;

8.3.2 Induce other users to click links or share information;

8.3.3 Fabricate or conceal facts to mislead or deceive others;

8.3.4 Infringe another person's reputation, likeness, intellectual property, trade secrets or other lawful rights;

8.3.5 Use a Doutian account, its features or a third-party platform for promotion or cross-promotion without Doutian's written permission;

8.3.6 Use a Doutian account or the Software and Service for unlawful or criminal activity;

8.3.7 Create or publish methods or tools related to the conduct above, or operate or distribute them, whether or not commercially;

8.3.8 Engage in other conduct that violates laws or regulations, infringes other users' lawful rights and interests, disrupts normal product operations or is not expressly authorized by Doutian.

8.4 Responsibility for your conduct

You understand and agree that you are responsible for all actions under your registered account, including content you publish and its consequences. You must judge content in the Service for yourself and bear the risks of using it, including reliance on its accuracy, completeness or usefulness. Doutian cannot and will not be responsible for losses or damage arising from those risks.

8.5 Breach of the Agreement

8.5.1 If Doutian discovers or receives a report or complaint that a user has breached this Agreement, it may delete or block relevant content at any time without notice. Depending on the circumstances, it may warn the user, restrict or prohibit use of some or all features, suspend the account or delete it, and announce the outcome.

8.5.2 You understand and agree that Doutian may, in its reasonable judgment, sanction conduct that violates applicable laws or this Agreement, take appropriate legal action against users who violate laws or rules, retain relevant information and report it to authorities as required by law. The user bears the resulting legal responsibility.

8.5.3 If your breach of this Agreement or relevant service terms results in any third-party claim, demand or loss, you bear responsibility independently and must also compensate Doutian for any resulting losses it suffers.

9. Intellectual Property

9.1 Doutian holds the intellectual property rights in the Software. Its copyrights, trademarks, patents, trade secrets and other intellectual property, and all information and content related to it, including text, images, audio, video, graphics, interface design, layouts, data and electronic documents, are protected by the laws and regulations of the People's Republic of China and applicable international treaties. Doutian holds those rights except for rights that belong to other rights holders under law.

9.2 Without the written consent of Doutian or the relevant rights holder, you may not exercise, use or transfer those intellectual property rights yourself, or authorize a third party to do so, for commercial or non-commercial purposes.

10. Device Security

10.1 You understand and agree that, like most internet software, the Software may be affected by factors including user actions, network service quality and the social environment. It may also face security threats, such as others unlawfully using user information to harass someone offline, or viruses, Trojan horses or other malware in software you download or websites you visit. These may threaten device information and data security and affect the Software's normal operation. You should therefore strengthen your awareness of information security and personal information protection and protect your password to avoid loss.

10.2 You may not create, publish, use or distribute malicious programs designed to steal Doutian accounts or other people's personal information or property.

10.3 Maintaining the Software's security and normal operation is a shared responsibility. Doutian will take necessary technical measures with reasonable care, in line with industry standards, to protect your device information and data, but you acknowledge that it cannot provide an absolute guarantee.

10.4 Do not readily trust online messages involving loans, requests for passwords or property. Before conducting a transaction involving property, verify the other party's identity and regularly consult Doutian's fraud prevention notices.

11. Third-Party Software or Technology

11.1 The Software may use legally authorized third-party software or technology, including open-source and public-domain code.

11.2 Where the Software uses third-party software or technology, Doutian may present the relevant agreements or documents as required by law or contract, including in an appendix to this Agreement, in a specific folder in the installation package, or on an open-source software page. They may be titled “Software License Agreement,” “Authorization Agreement,” “Open Source License” or similar. Those agreements, documents and webpages are integral parts of this Agreement and have the same legal effect. You must comply with them. If you do not, the third party or a government authority may sue, fine or otherwise sanction you and request Doutian's assistance; you bear the resulting legal responsibility.

11.3 The third party is responsible for resolving disputes arising from third-party software or technology used by the Software. Doutian is not responsible and does not provide customer support for third-party software or technology. Contact the third party if you need support.

12. Other Terms

12.1 By using the Software, you are deemed to have read and agreed to be bound by this Agreement. Doutian may amend it when necessary. You may view the relevant terms in the latest version of the Software. If you continue using the Software after the terms change, you are deemed to have accepted the amended Agreement. If you do not accept it, stop using the Software.

12.2 This Agreement is entered into in Yangpu District, Shanghai, People's Republic of China.

12.3 The formation, validity, performance, interpretation and dispute resolution of this Agreement are governed by the laws of mainland China, excluding conflict-of-laws rules.

12.4 Any dispute between you and Doutian should first be resolved through amicable consultation. If consultation fails, you agree to submit it to a people's court with jurisdiction where this Agreement was entered into.

12.5 Section headings are provided solely for ease of reading and do not affect the interpretation of this Agreement.

12.6 If any provision is invalid or unenforceable for any reason, the remaining provisions remain valid and binding on both parties. (End of Agreement)