Agreement on Software License and Service of Brighsun 2U

Preamble

Welcome to use 2U and relevant services of Brighsun Group! 

You must read and comply with the Agreement on Software License and Service of Brighsun Group 2U (hereinafter referred to as the "Agreement"), the Brighsun Group Service Agreement and 2U Account Rules to use Brighsun Group 2U (hereinafter referred to as the "Software") and relevant services. Please carefully read and fully understand the content of each term, in particular the terms with respect to exemption or limitation of liability, and any separate agreement to activate or use some specific services, and choose to accept them or not. You may be prompted for the terms exempting or limiting liability in bold form.

You may not download, install or use the Software and related services unless you have read and accepted all the terms of this Agreement. Your downloading, installation, use, acquisition of any 2U account, login and other similar acts shall be deemed that you have read and agreed to be bound by the Agreement.

If you are a minor please read this Agreement and other above-mentioned agreements with your legal guardian and pay special attention to the terms of use of minors.

I. Scope of the Agreement

1.1 Parties to the Agreement

This Agreement is entered into by and between you and Brighsun Group regarding your download, installation, use, copy of the Software and your use of related services of Brighsun Group.

1.2 Agreements Relationship and Conflicting Terms

This Agreement is regarded as a supplementary agreement of the Brighsun Group Service Agreement and 2U Account Rules. It is an integral part to the foregoing agreement and rules and constitutes a unified whole with such agreement and rules. In the event of any conflict between the Agreement and the Brighsun Group Service Agreement or 2U Account Rules, this Agreement shall prevail.

This Agreement also includes relevant agreements, business rules and other contents of the Services that Brighsun Group may publish from time to time. Once any of such contents is officially published, it constitutes an integral part of this Agreement, with which you should also comply.

II. The Services

2.1 Contents of the Services

The service contents refer to the cross-platform communication tool (hereinafter referred to as "2U", exactly the same thing as 2U being operated within mainland China) provided by Brighsun Group to the users, supporting single-person and multi-person participation and instant messaging services including transmission of voice SMS, video, pictures and text, and also refer to the software licenses and services, including but not limited to relation chain extension, convenience tools, 2U official accounts, open platforms, information exchange with other software or hardware and other functions and features (hereinafter referred to as the "Services").

2.2 Form of the Services

2.2.1 You need to download Brighsun Group 2U client to use the Services. Brighsun Group grants you a non-transferable and non-exclusive license for the Software. You can log in the web version, Windows version and Mac version etc. of 2U through scanning of the QR code. You may only use the Software and Services for the purpose of accessing to or using the Services.

2.2.2 Brighsun Group may provide multiple application versions of the 2U client for the Services, including but not limited to iOS, Android, Windows Phone, Symbian, BlackBerry, Windows and Mac. Users need to choose the version matching their installed terminal devices.

2.3 Scope of License of the Services 

2.3.1 Brighsun Group grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display and run the Software for a non-commercial purpose on a single terminal device.

2.3.2 You may make a copy of the Software for using the Software and Services, and shall only use the copy as a backup. The copy must contain all the copyright information contained in the original Software.

2.3.3 Brighsun Group reserves all other rights not expressly authorized by this Article 2.3 and other terms of this Agreement. You shall separately obtain Brighsun Group's written permission for exercise of such rights. Brighsun Groups failure to exercise any of the above-mentioned rights does not constitute a waiver of such rights.

III. Acquisition of the Software

3.1 You can obtain the Software directly from Brighsun Group's website or a third party authorized by Brighsun Group.

3.2 If you obtain the Software or any installation program with the same name as the Software from any third party without authorization by Brighsun Group, Brighsun Group cannot guarantee that the Software can be used normally and therefore takes no responsibility for any loss caused to you.

IV. Installation and Uninstallation of the Software

4.1 Brighsun Group may develop different versions of the Software for different terminal devices. You should choose an appropriate version for installation according to the actual condition.

4.2 After downloading the installer, you need to follow the steps suggested by the program to achieve correct installation.

4.3 In order to provide a quality and secure service, Brighsun Group may recommend other software to you during your installation of the Software, which you can choose to install or not.

4.4 If you no longer need to use the Software, or need to install the new version of the Software, you can uninstall the Software. If you are willing to help Brighsun Group improve the product and services, please inform the reasons for uninstallation.

V. Software Update

5.1 In order to improve user experience and service contents, Brighsun Group will continue to develop new services and from time to time provide you software updates (in the form of software replacement, modification, feature enhancement and version upgrade etc.).

5.2 In order to ensure the security and consistency of functionality of the Software and Services, Brighsun Group reserves the right to update the Software, or change or restrict partial functionality of the Software without any special notice to you.

5.3 After the new version of the Software is released, older versions of the Software may not be available. Brighsun Group does not guarantee that the old versions and corresponding customer services of the Software continue to be available. Please check and download the latest version at any time.

VI. Protection of the Users Personal Information 

6.1 It is a fundamental principle of Brighsun Group to protect the user's personal information. Brighsun Group will take reasonable measures to protect the user's personal information. Except for the circumstances prescribed by laws and regulations, Brighsun Group will not make public or disclose the user's personal information to any third party without permission of the users. Brighsun Group adopts professional encryption storage and transmission methods for related information, in order to protect the user's personal information.

6.2 You need to provide some necessary information when registering an account or using the Services. For example, you need to fill in the mobile phone number so that Brighsun Group can provide you with account registration service or user identification; the function of People Nearby needs your consent to use your location information; and the matching function of mobile phone contacts requires your authorization of accessing to your mobile phone contacts and so on. If relevant national laws and regulations or policies have special provisions, you need to provide real identity information. If the information you provide is incomplete, you are not allowed to use the Services or you may be restricted during use of the Services.

6.3 In general, you may browse and modify your own information at any time. However, you may not be able to modify the initial registration information and other verification information provided at the time of registration for the purpose of security and identification (such as the 2U account appeal service).

6.4 Brighsun Group will apply a variety of security technologies and procedures to establish a sound management system to protect your personal information and avoid unauthorized access, use or disclosure.

6.5 Brighsun Group will not disclose your personal information to any company, organization or individual without your consent, except as provided by laws and regulations.

6.6 Brighsun Group attaches great importance to the protection of personal information of minors. If you are a minor, you should obtain the written consent of your parents or legal guardians before using Brighsun Group's services.

6.7 You may read 2U Privacy Protection Guideline to learn more about what information 2U collects or retains, how it is used, rights of you and how 2U protect your personal information and privacy.

VII. Main Rights and Obligations

7.1 Account Use Specification

7.1.1 You need to register a 2U account through a mobile phone number before using the Services. You can also bind a  2U Account and e-mail account to the 2U account after successful registration. In case of binding with an e-mail account, please use an e-mail account that is not bound to any account in the 2U Official Platform. Brighsun Group is entitled to change the form of account registration and the binding manner according to users needs or product needs. With respect to the specific rules for your account, please comply with the2U Account Rules , 2U Personal Account Use Guideline related agreements for use of accounts and special rules published by Brighsun Group.

7.1.2 The ownership of any 2U account belongs to Brighsun Group. The user only obtains the right to use the 2U account after completing the registration procedure. In addition, such right to use only belongs to the initial registration applicant. Moreover, the initial registration applicant shall not donate, borrow, rent, transfer or sell the 2U account, nor permit any non-initial registration applicant to use the 2U account. No non-initial registration applicant shall use the 2U account by means of donation, inheritance, lease, transfer and so on.

7.1.3 The user shall be responsible for carefully safekeeping the registration account information and the account password. The user shall assume legal responsibly for the registered account and password. The user agrees not to disclose the account and password information to others in any case. When you suspect that someone else is using your account, you should immediately notify Brighsun Group.

7.1.4 When the user registers the 2U account with a mobile phone number, the system will automatically generate a 2U ID. You can set the 2U ID, but only for once. The 2U ID cannot be modified once it is set.

7.1.5 If the user does not log on the 2U account for a long time after registration, Brighsun Group has the right to take back the account, to avoid waste of resources. The user shall be solely liable for the resulting loss.

7.2 Notes

7.2.1 You understand and agree that the Software will use the processor, bandwidth and other resources of your terminal device in order to provide you with effective services. The costs of data traffic may incur during use of the Software, and the user shall acquire relevant fee information from the operator on its own and bear relevant costs.

7.2.2 You understand and agree that some of the features of the Software may allow third parties to know the user's information. For example, the users 2U friends can query the user's personal information that is publicly available, including profile photo, name, 2U ID or contents in Moments. Where the user registers a 2U account by using a mobile phone number or binds the 2U account with a mobile phone number, the friends having such mobile phone number in the contacts can query such 2U account. After the user follows 2U official accounts of certain type, it will become a follower of such official accounts, and such official accounts can obtain the profile photo, account name, 2U ID, comments, pictures, video and other information of the followers based on their function authority. Such official accounts can also interact with the user by sending messages to the followers through the 2U Official Account Admin Platform. The 2U official account having appropriate authority can also publish in such account the messages and comments of the following users and pictures and video uploaded to such account by the followers, for access of third parties. If user choose to exchange information with other software or hardware, the provider of the other software or hardware may access users information proactively disclosed or transmitted, user should fully understand other software or hardwares product features as well as its data and privacy policy before granting your consent to use it.

7.2.3 When you use a particular service of this Software, the service may be governed by separate agreements and related business rules etc. (hereinafter collectively referred to as the "Separate Agreement"). Please read and agree to relevant Separate Agreement before you use the service. Your use of the above specific service shall be deemed that you have accepted relevant Separate Agreement. For example, you should read and comply with the 2U Payment System User Service Agreementif you need to use 2U to pay relevant services (including but not limited to loose change, 2U Red Packet, transferring money, bank card consumption, making payment, receiving money and other payment services). Your use of 2U to pay related services shall be deemed that you have accepted the 2U Payment System User Service Agreement.

7.2.4 You understand and agree that Brighsun Group will make its reasonable commercial efforts to maintain your data stored in the Software and Services safe, but Brighsun Group cannot warrant that your data is absolutely safe, especially:

7.2.4.1 Brighsun Group is not responsible for deletion or failure of your storage of relevant data in the Software and Services;

7.2.4.2 Brighsun Group is entitled to decide at its discretion the longest period of data storage in the Software and Services for each user according to the actual situation, and allocate the maximum space in the server for data storage of the user and so on. You can back up relevant data in the Software and Services on your own according to your own needs;

7.2.4.3 If you stop using the Software and Services or the Services are terminated or canceled, Brighsun Group can permanently delete your data from the server. When the Services are stopped, terminated or canceled, Brighsun Group is not obligated to return any data to you.

7.2.5 The user shall be responsible for the risks beyond control of Brighsun Group in the use of the Software and Services, including but not limited to:

7.2.5.1 Risks such as loss or leakage of personal information due to irresistible factors;

7.2.5.2 Any issues or damages arising from the failure of the user to choose the right software version matching the terminal device where the Software is installed;

7.2.5.3 Any risks caused by any third-party website or relevant content of such website when the user accesses to the website by using the Software;

7.2.5.4 Any risks or liabilities caused by others transmission or sharing of the content published by the user;

7.2.5.5 Risks including failure to login Brighsun Group 2U, incomplete data synchronization and slow page opening speed caused by unstable wireless network signal, small wireless network bandwidth or other reasons.

7.3 Third-Party Products and Services

7.3.1 When you use the products or services provided by any third party of this Software, you shall comply with the user agreement of the third party in addition to this Agreement. Brighsun Group and the third party shall assume their respective responsibilities separately for any possible dispute between them within the scope prescribed by laws and or stipulated by agreement.

7.3.2 When the user uses the Software or requires Brighsun Group to provide any specific service, the Software may support the users use or access by invoking a third-party system or through a third party. The third party provides the results of use or access (including but not limited to the services provided by the third party through any 2U official account or the contents accessed through the 2U Open Platform). Brighsun Group does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provided by such third parties. Any dispute or damage caused therefrom is irrelevant to Brighsun Group, Brighsun Group therefore will not assume any responsibility.

7.3.3 Third party service provider may and could provide you with other products or services through 2U, like you may follow third partys official account, use the mini program provided by third party, accept third partys products or services offered via official account (including mini program), or access to other internet service login by 2U account with authorization. In the process, third party service provider may collect, use and retain your relevant personal information and data, by implementing rigorous policies and terms as well as product procedures, Brighsun Group requires any third party service providers to strictly comply with applicable laws and regulations, to obtain your specific prior consent, to reasonably use your information only for purpose of providing products or services, to take necessary measures to secure and protect your information, to provide you with right of access ,modification and deletion of your information, and to delete all of your information immediately while service is terminated. You should fully understand third partys products or services and its privacy policy before granting your consent to use it. If you find any violation of third party service party, we encourage you to report to Brighsun Group which will conduct investigation and take measures accordingly.

7.3.4 You understand and agree that Brighsun Group is entitled to use the Software for commercial purposes, including but not limited to development and use of partial services of the Software for promotion of any third party. Brighsun Group undertakes to protect your personal information in the promotion process in strict accordance with this Agreement. Meanwhile, you can choose to block or refuse to receive relevant promotional information according to the system settings.

VIII. Users Codes of Conduct

8.1 Information Content Specification

8.1.1 Information contents contained in this Article refer to any content produced, copied, published or transmitted by the user during the use of the Software and Services, including but not limited to, registered information such as profile photo, name and user description of the 2U account, or text, voice and pictures, etc. that are sent to, replied in and used in Moments and pages of related links, and other contents that are generated through use of the 2U account or the Software and Services.

8.1.2 You understand and agree that 2U has always been committed to providing users with a civilized, healthy, standardized and orderly network environment. You shall not use the 2U account or the Software and Services to produce, copy, publish, or spread the contents interfering with normal operation of 2U or infringing lawful rights and interests of other users or third parties, including but not limited to the following:

8.1.2.1 You may not publish, transmit, spread, and store prohibited contents in violation of national laws and regulations, which:

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

(2) Endanger national security, divulge state secrets, subvert state power and undermine national unity;

(3) Damage national honor and interest;

(4) Incite national hatred and ethnic discrimination, and destroy national unity;

(5) Undermine national religious policies and promote cults and feudal superstition;

(6) Spread rumors, disturb the social order and undermine social stability;

(7) Disseminate obscenity, pornography, gambling, violence, terror or abet any crime;

(8) Insult or slander others and infringe legitimate rights and interests of others;

(9) Incite illegal assembly, association, procession, demonstrations and gatherings disrupting the social order;

(10) Carry out any activity in the name of any illegal civil organization;

(11) Contradict to Interim Provisions on the Administration of the Development of Public Information Services of Instant Messaging Tools and comply with the requirements of "seven bottom lines" including laws and regulations, socialist systems, national interests, legitimate interests of citizens, public order, social morality and information authenticity;

(12) Contain any other content prohibited by laws and administrative regulations.

8.1.2.2 You may not publish, transfer, transmit and store the contents infringing legitimate rights of others, including the right of reputation, right of portrait, intellectual property right and trade secrets.

8.1.2.3 You may not publish, transfer, transmit and store the contents relating to others privacy, personal information or materials;

8.1.2.4 You may not publish, transfer and transmit harassment and advertising information, over-marketing information, spam or any information containing any sexual content or sexual connotation;

8.1.2.5 Other information that violates laws, regulations, policies and public order, contradicts to social morality, or interferes with the normal operation of 2U or infringes the legitimate rights and interests of other users or third parties, which information is also prohibited to published, transferred and transmitted.

8.2 Software Usage Specification

8.2.1 You may not engage in any of the following acts in the course of your use of the Software except as permitted by law or by Brighsun Group's written permission:

8.2.1.1 Delete the copyright information on the Software and its copies;

8.2.1.2 Conduct reverse engineering, reverse assembly and reverse compiling on the Software, or other attempt to discover the source code of the Software;

8.2.1.3 Use, rent, lend, copy, modify, link, reproduce, compile, release, publish or establish a mirror site for the contents that Brighsun Group owns intellectual property rights;

8.2.1.4 Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for operation of the Software, or create any derivative works by using plug-ins, add-ons or third-party tools/services unauthorized by Brighsun Group to access to the Software and related systems;

8.2.1.5 Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or spread to the public the software and methods used for the purposes described above, whether or not such acts are for commercial purposes.

8.2.1.6 Login or use Brighsun Group Software and Services through any third-party software, plug-in, add-on or system that are not developed or authorized by Brighsun Group, or produce, publish, disseminate the these tools;

8.2.1.7 Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;

8.2.1.8 Other acts not expressly authorized by Brighsun Group.

8.2.2 You understand and agree that Brighsun Group is entitled to choose the objects to provide with the Services, determine functions and settings, decide objects and the scope to open any function and disclose any data interface and related data, based on comprehensive factors including user experience, operating security of 2U or related service platform, platform rules and healthy development. Brighsun Group may suspend or terminate the Services to you if youre suspected to be involved in the behaviors including but not limited to:

8.2.2.1 violation of laws and regulations or the provisions of this Agreement;

8.2.2.2 affecting the service experience of 2U;

8.2.2.3 causing any potential safety hazard;

8.2.2.4 copying the primary functions or functional components of 2U or other products of Brighsun Group, or use other way to achieve the main effect of the said functions or functional components;

8.2.2.5 trying at misleading the users to believe your products, services, or function is provided or authorized by Brighsun Group, by adopting similar interface, style, function, description or user experience to 2U and Brighsun Group.

8.2.2.6 Other behaviors which contradict to the operating principles of 2U or its service platform, or other management requirements of Brighsun Group.

8.3 Service Operation Requirements

Except as permitted by law or authorized by Brighsun Group in writing, you may not engage in the following acts in the course of your use of the Services:

8.3.1 Submit and publish false information, or impersonate others or use the name of others;

8.3.2 Induce other users to click on the link pages or share information;

8.3.3 Fabricate facts or conceal the truth to mislead or deceive others;

8.3.4 Infringe legitimate rights of others including right of reputation, right of portrait, intellectual property right and trade secrets;

8.3.5 Utilize any 2U account, any function and any third-party operating platform to conduct promotion or mutual promotion without Brighsun Groups written permission;

8.3.6 Utilize any 2U account or the Software and Services to engage in any illegal and criminal activities;

8.3.7 Make or release the methods or tools related to the above-mentioned acts, or operate or spread such methods or tools, whether or not for commercial purposes;

8.3.8 Other acts violating laws and regulations, infringing the legitimate rights and interests of other users, interfering with normal operation of products or not expressly authorized by Brighsun Group.

8.4 Responsible for Your Own Acts

You fully understand and agree that you must be responsible for all acts under your account, including any content you published and any consequences arising therefrom. You shall judge the contents of the Service by yourself and assume all risks arising from the use of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. Brighsun Group cannot and will not be responsible for any loss or damage caused by the foregoing risks.

8.5 Treatment for Breach of Contract

8.5.1 If Brighsun Group finds or receives any report or complaint from others against the user on violation to this Agreement, Brighsun Group is entitled to remove or obscure relevant contents at any time without notice, impose punishment on the violating account including but not limited to warning, restriction or prohibition of the use of some or all of the functions, account banning or cancellation, and announce the results of treatment.

8.5.2 You understand and agree that Brighsun Group is entitled to, based on its reasonable judgement, punish any act violating relevant laws and regulations or provisions of this Agreement, take appropriate legal action against any user in violation of any laws and regulations, and preserve relevant information in accordance with related laws and regulations to report to relevant departments etc. The user shall bear all the resulting legal responsibilities.

8.5.3 You understand and agree that you shall be solely liable for any claims, requests or losses arising out of or in connection with your breach of the provisions of this Agreement or relevant terms of the Services. You shall also be liable for the compensation of any losses caused to Brighsun Group.

IX. Statement on Intellectual Property Rights

9.1 Brighsun Group is the holder of the intellectual property rights of the Software. All intellectual property rights related to the Software, including copyright, trademark, patent and trade secrets and all information related to this Software (including but not limited to text, images, audio, video, graphics, interface design, layout framework, related data or electronic documents) are protected by laws and regulations of the People's Republic of China and corresponding international treaties. Brighsun Group enjoys the above intellectual property rights, except for those rights enjoyed by relevant right holders in accordance with the laws.

9.2 You may not or permit any third party to implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without the prior written consent of Brighsun Group or relevant rights holders.

X. Responsibility of Terminal Security    

10.1 You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to users reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life, and that other software downloaded and installed and sites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and then affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.

10.2 You shall not produce, publish, use, and spread any malicious program which steals 2U accounts and other personal information or property.

10.3 It is the common responsibility of you and Brighsun Group to maintain software security and normal use. Brighsun Group will reasonably and prudently take necessary technical measures to protect information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that Brighsun Group cannot therefore provide a complete guarantee.

10.4 You should not believe in money borrowing, request for passwords or other network information relating to property in any case. Please make sure to verify the identity of the person involved with respect to any operation related to property. In addition, please always pay attention to Brighsun Groups tips for preventing fraudulent crimes.

XI. Third-Party Software or Technology

11.1 The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software), and such use has been legally authorized.

11.2 If any third-party software or technology is adopted for the Software, Brighsun Group will demonstrate relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, or open source software pages and other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing agreements, other documents and web pages presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require Brighsun Group to provide assistance. You shall be solely liable for relevant legal responsibilities .

11.3 Any third party shall be liable for resolving any dispute arising from the use of any third-partys software or technology for the Software, which is irrelevant to Brighsun Group. Brighsun Group does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.

XII. Miscellaneous

12.1 Your use of the Software shall be deemed that you have read and agreed to be bound by this Agreement. Brighsun Group reserves the right to modify the terms of this Agreement when necessary. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.

12.2 This Agreement is signed in Nanshan District, Shenzhen City, Guangdong Province of the People's Republic of China.

12.3 The formation, entry into force, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China, without regard to the principles of conflict of laws.

12.4 If any dispute arises between you and Brighsun Group, the dispute shall be first resolved by negotiation; where the negotiation fails, you agree to submit the dispute to the people's court with jurisdiction at the signing place of this Agreement.

12.5 The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.

12.6 This Agreement may be drafted and concluded in different languages, including Chinese, English and others. In case of any inconsistency and discrepancy between the Chinese version and any version of other language, the Chinese version shall prevail. 

12.7 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining terms shall remain in force and binding on both parties. 

(End)

 

Brighsun Group