Publication Date: March 16, 2023
Effective Date: March 16, 2023
Introduction
Before using ingsales products and related services, please carefully read and fully understand all the terms of this agreement, especially those that exempt or limit the liability of ingsales Technology Company, limit your rights, stipulate the methods of dispute resolution and jurisdiction, and other targeted or special agreements or rules. Terms that limit or exempt liability or otherwise significantly affect your rights will be highlighted in bold or underlined for your attention.
Unless you have fully read, completely understood, and accepted all the terms of this agreement, please do not use ingsales. By registering or logging in to use ingsales, or by directly using it through account access or any other method, or by implicitly or explicitly indicating your acceptance of this agreement, you are deemed to have read and agreed to sign this agreement.
Unless otherwise agreed by ingsales Technology Company and you, this agreement becomes a legally binding document for both parties from the effective date stated at the beginning of this document.
Important Definitions
ingsales: ingsales is a multifunctional business development and collaborative office management tool provided by ingsales Technology Company (hereinafter referred to as "ingsales Technology Company" or "we"), which integrates digital marketing solutions.
ingsales Enterprise User: Refers to individuals or organizations using ingsales products and related services for office management, digital marketing, business development, etc., including but not limited to legal entities, government agencies, other organizations, partnerships, or individual businesses (hereinafter referred to as "Enterprise User").
Enterprise User Administrator: Refers to an individual designated by the Enterprise User who has the authority to configure and manage all functions and services of ingsales (hereinafter referred to as "Administrator"); the Enterprise User Administrator may, according to the authorization and actual situation of the Enterprise User, upload contact lists to ingsales to build the organizational structure and invite individuals from the contact list to use ingsales under the created organizational structure. The Administrator may also delegate specific management rights to other individual users as per the management needs of the Enterprise User.
Enterprise Organization End User: Refers to an individual invited by the Enterprise User Administrator, based on the authorization of the Enterprise User, to use ingsales (hereinafter referred to as "End User"); within the scope of this agreement, both Enterprise Organization End Users and Enterprise User Administrators are considered part of the ingsales Enterprise User category.
ingsales Personal User: Refers to individuals who register for an ingsales account using their mobile phone number and verification code and have not yet been explicitly associated with any ingsales Enterprise User (hereinafter referred to as "Personal User").
User: "User" is a collective term for both ingsales Enterprise Users and ingsales Personal Users, also referred to as "you."
Personal Information: Refers to any information recorded by electronic or other means that relates to an identified or identifiable natural person, excluding information that has been anonymized.
Sensitive Personal Information: Refers to personal information that, once leaked or illegally used, may lead to the infringement of a natural person's dignity or the endangerment of their personal or property safety, including information such as biometric data, religious beliefs, specific identities, medical health, financial accounts, whereabouts, and personal information of minors under the age of fourteen.
Personal Information Processor: Refers to the organization or individual with the authority to decide the purposes, methods, etc., of processing personal information in the use of ingsales. Specifically, in the context of ingsales Personal Users, ingsales Technology Company is the Personal Information Processor. In the context of ingsales Enterprise Users, their Administrators, and End Users, all related personal information processors are the ingsales Enterprise Users, with ingsales Technology Company acting only as a trustee, collecting, storing, using, processing, transmitting, providing, disclosing, and deleting relevant personal information according to the instructions of the Enterprise Users and their Administrators.
Data Controlled by Enterprise Users: Refers to the data generated or involved in the process of using relevant functions/services of ingsales, set up by the Enterprise User Administrator or independently operated by the End User, based on the Enterprise User's usage requirements. This includes the aforementioned personal information for which the ingsales Enterprise User acts as the processor. You understand and agree that we will only process the data controlled by the Enterprise User in accordance with the instructions provided by the Enterprise User (including agreements reached between the Enterprise User and us or actions executed by the Enterprise User Administrator).
Article 1: General Provisions
1.1 Contracting Parties: This agreement is entered into by and between the users who use the ingsales features and related services through the PC client, web application, or mobile application (APP), and ingsales Technology Company (hereinafter referred to as "ingsales Technology Company" or "we"). In this agreement, either party may be referred to individually as a "Party," and collectively as the "Parties."
1.2 Guarantee of Legal Operation: Both Parties guarantee that they have obtained the legal qualifications or government approvals in accordance with the relevant national regulations and are authorized to legally operate their respective products or services. The Parties further guarantee that they will continue to maintain the qualifications or approvals required by national regulations during the validity of this agreement. ingsales Technology Company provides various technical products and services to you according to the agreement or your authorization, but does not participate in the operation of your business or related websites, applications, software, platforms, etc. Your websites, applications, software, platforms, or any products, services, and related content are operated by you, and you assume full responsibility.
1.3 Application of Legal Norms: The products or services provided to you by ingsales Technology Company only promise to comply with the laws, regulations, and policies of the People's Republic of China (for the purposes of this agreement, excluding Hong Kong, Macau, and Taiwan, hereinafter the same). If you choose to use ingsales or related services outside of China, you should evaluate whether the products or services comply with the laws, regulations, and policies of the local area, especially regarding data cross-border transmission, cross-border networking, and other permissions or approvals. You must also ensure that your business or non-business activities, relevant qualifications/permissions, and all behaviors related to the use of ingsales comply with local laws, regulations, and policies.
1.4 Content and Effectiveness of the Agreement
1.4.1 The content of this agreement includes the body of this agreement and all privacy protection policies, other relevant policies, rules, statements, notices, warnings, prompts, and explanations that we have published or may publish in the future (hereinafter referred to as "Rules"), including but not limited to the "ingsales Privacy Protection Policy." The aforementioned Rules are an inseparable part of this agreement and have the same legal effect as this agreement.
1.4.2 If any part of this agreement is invalid or unenforceable for any reason, it does not affect the legal effect of the remaining parts. In the event of any inconsistency between the terms of this agreement and the provisions of a proprietary agreement or Rules applicable to the specific product features/services you use, the provisions of the proprietary agreement or Rules shall prevail. If there is a conflict between the terms of this agreement and the terms of the procurement contract signed with ingsales Technology Company or its authorized dealers in a specific project, this agreement shall prevail.
1.4.3 Due to the real-time, complex, and efficient nature of the internet, as well as legal norms, regulatory requirements, policy adjustments, etc., you agree that ingsales Technology Company may update the body of this agreement or related Rules from time to time. You understand that ingsales Technology Company needs a reasonable period to process your requests, and ingsales Technology Company is not responsible for any losses you have already suffered before the measures are taken or for any losses caused by reasons not attributable to ingsales Technology Company after the measures are taken. The revised agreement or Rules will be notified to users in the form of a red dot within the ingsales client, or in the form of an announcement on the ingsales official website (www.ingsales.com) and will take effect upon the end of the announcement period, replacing the original agreement/Rules. Alternatively, users may be notified separately via email, SMS, system message push, in-app message, etc. If you do not agree with the relevant changes to the agreement, you should immediately stop using ingsales and related services; if you continue to use it, it indicates that you have fully read, understood, and agreed to accept the revised and updated agreement.
Article 2: Account Registration, Usage, and Management
2.1 Account Registration
2.1.1 Any user who wishes to use ingsales must possess the necessary and appropriate legal capacity and competence, complete registration following real-name verification requirements, or obtain the right to use an ingsales account through other methods permitted by ingsales Technology Company. Users must adhere to the relevant norms and restrictions during account registration, including but not limited to not maliciously registering ingsales accounts (malicious registration behaviors mentioned in this clause include but are not limited to frequent registration, batch registration of accounts, abuse of multiple accounts, buying, and selling of ingsales accounts).
2.1.2 You understand and agree that all types of registered ingsales accounts are owned by ingsales Technology Company. After registration, you only obtain the right to use the account. The right to use the ingsales account belongs solely to the initial registrant. Unless required by law, judicial decision, or with written consent from ingsales Technology Company, your account and password must not be rented, transferred, gifted, inherited (except for property rights related to the account), or provided to others for use in any way. Otherwise, ingsales Technology Company has the right to immediately reclaim the account, and any loss of data, information, etc., resulting from such actions shall be borne by you.
2.1.3 Based on ingsales's functionality and positioning, we primarily offer account registration and related functions/services to adult users, especially in scenarios where ingsales is used by corporate users. Corporate users and their authorized administrators, before inviting underage end users to register and use ingsales, should be responsible for obtaining consent from their guardians and verifying the real identities of the underage end users and their guardians through ID number verification. They should also pay special attention to the protection of the personal information and other legal rights of underage end users throughout the entire period of authorized use.
2.2 User Information
2.2.1 Users should fill out and submit true, lawful, and valid information (collectively referred to as "User Information"), including but not limited to user name, contact person, email address, and phone number. You agree to submit additional materials as required by ingsales Technology Company, including but not limited to business licenses, qualification documents, business-related descriptions, etc., to allow ingsales Technology Company to perform real-name verification of the user’s identity either directly or through a third party, in accordance with relevant laws and regulations. This information may also be used to verify the authenticity and legality of the business conducted using ingsales when necessary. If there are changes to the user information, you should promptly notify ingsales Technology Company in writing or update it according to ingsales’s rules.
2.2.2 Users must ensure that the registered account name, avatar, and profile do not contain illegal or inappropriate information and must not impersonate others or use others’ names, portraits, or trademarks/identifiers without authorization. Users must also ensure that their use of the account throughout its lifetime does not infringe upon the legal rights of others.
2.3 Account Usage Behavior Norms: Users should assume legal obligations related to the account during their login and use of ingsales’s functions/services, including but not limited to not using the ingsales account or any function/service to engage in actions that violate laws, regulations, or policy requirements, not using various technical means to interfere with ingsales’s operation or ingsales Technology Company’s management of ingsales, or maliciously circumventing or opposing the rules of relevant functions/services.
2.4 Account Security Protection
2.4.1 The account will serve as the basis for user identification when using ingsales. You should take necessary and effective protective measures for account information, such as account name, password, and account security (including but not limited to effective permission control, setting high-strength passwords, and regularly changing them).
2.4.2 If you discover that someone has stolen your account and password or obtained your account usage rights without your legal authorization, you should immediately notify ingsales Technology Company in an effective manner and provide necessary materials (such as user information, a situation explanation, proof, and specific requests). ingsales Technology Company will process the matter according to laws, regulations, and agreement/rules after verifying your identity and confirming the facts. You will bear any related responsibilities and consequences resulting from the processing by ingsales Technology Company under this clause. If the information you provide is flawed and causes ingsales Technology Company to be unable to verify your identity or assess your needs, leading to a failure to process the matter in a timely manner, any losses you suffer will be borne by you. At the same time, you understand that ingsales Technology Company needs a reasonable period to process your request, and ingsales Technology Company will not be liable for any losses you incur before measures are taken or due to reasons not attributable to ingsales Technology Company after measures are taken.
2.5 Account Management
2.5.1 In addition to ensuring account security, you should also establish a sound internal management system to regulate account usage. If any user actually violates this agreement or other related rules or agreements, you are obligated to immediately notify us and take appropriate actions to stop and correct the relevant violations/breaches, and you will be responsible for all related liabilities.
2.5.2 You understand and agree that ingsales Technology Company, as the operator of ingsales, has the right to take necessary measures, including but not limited to restricting, suspending, or terminating access to/use of ingsales or other related services, in accordance with relevant laws or this agreement and other related agreements, when any user violates this agreement or other related rules/agreements or when disputes related to account permissions arise. This is to ensure the security and effective operation of ingsales as much as possible. ingsales Technology Company also has the right to independently assess and establish a credit management system for user accounts and provide services or other related rights protection based on the credit evaluation of the user's account usage period.
2.6 Administrator Statements and Guarantees
2.6.1 If you are authorized by an enterprise user to register an ingsales account as an administrator, assist other end-users in completing account registration, and manage the account registration and usage behavior of end-users within the scope of your administrative authority, you must ensure that all your related management actions have been legally, effectively, and fully authorized by the enterprise user. You should conscientiously perform all responsibilities in accordance with this agreement, as well as the enterprise user's true needs or wishes, including but not limited to account registration and usage regulations, account security protection, and management responsibilities for information content and other related regulations during the account usage period. ingsales Technology Company has reason to assume that the actions of administrators within their authority represent the corresponding enterprise user and has the right to require the enterprise user to assume responsibility if the administrator fails to fulfill the obligations stipulated in this agreement.
2.7 Account Permission Restrictions and Termination
2.7.1 Account Cancellation
Enterprise user administrators can cancel the enterprise user’s ingsales account through the [Mobile - Me - Company Management - Cancel Company] interface according to the prompts. Enterprise organization end-users or ingsales individual users can cancel their ingsales account through the [Mobile - Me - Company - Unbind Company] interface according to the prompts, except where the enterprise user who invited/authorized you to become an end-user has set corresponding restrictions or approval procedures. Any account cancellation must also meet the following conditions:
2.7.1.1 The account is in normal status, does not involve any disputes (including complaints or reports), and has not been subject to restrictions by authorized agencies;
2.7.1.2 The account has no unfinished transactions;
2.7.1.3 There are no other unresolved rights and obligations or situations that may cause disputes due to the account cancellation;
2.7.1.4 There are no other circumstances that might affect the account cancellation.
ingsales Technology Company will stop providing all ingsales functions and services to users with officially canceled accounts. After account cancellation, we will handle the relevant data in accordance with applicable laws and regulations and any agreements with you or your enterprise user (if any).
2.7.2 To protect user account security, ingsales Technology Company has the right to independently detect and assess abnormal access behavior and take corresponding measures. For example, for accounts that have not logged in for a long time after registration or have no access records for an extended period, ingsales Technology Company has the right to restrict their login functionality to protect account security. Users must reactivate their accounts to use them normally, with reactivation methods including but not limited to verifying SMS codes.
2.7.3 If a user violates the relevant terms of this agreement or other agreements regarding account usage permissions, ingsales Technology Company has the right to revoke or terminate the use permission of the account.
Section Three: Product Features and Services
3.1 Service Content
3.1.1 ingsales provides users with function services that are finely divided and flexibly integrated to meet different scenario needs through PC client or web applications, as well as mobile applications (APP). These services include instant messaging, online storage (cloud drive), Smart Lead Generation, detailed customer management, transaction management, business follow-up, collaborative office, and other functions. ingsales enterprise users, enterprise user administrators, and enterprise organization end users understand and agree that: ingsales enterprise users have the right, based on enterprise management, human resources management, and internal information security control needs, to manage the behavior of administrators and end users using ingsales, as well as related data and rights. This includes but is not limited to adding, deleting, or adjusting related permissions, service content, or data. During the use of ingsales’s related functions and services, administrators and end users must comply with this agreement and the relevant internal systems, norms, or other requirements issued by the enterprise user.
Specifically, settings and operations performed by administrators based on the authorization of the relevant enterprise user represent the behavior of the enterprise user. The enterprise user is responsible for managing the permissions and behavior of administrators. If end users have any objections to the settings and operations of administrators, they should contact the responsible personnel of the enterprise user for feedback and handling. Except as otherwise provided by law, ingsales Technology Company is not responsible for any authorization actions between enterprise users and administrators, or for the management and related rights disposal actions of enterprise users or administrators towards end users.
3.1.2 This agreement only applies to the functions and other related services provided by ingsales and does not apply to any third-party services provided through ingsales's website or client. This includes services created through any application programming interfaces (APIs) on ingsales’s open platform, such as applications, mini-programs, H5, or services integrating other third-party SDKs or calling third-party API data interfaces (collectively "Third-Party Services"). Before choosing to use Third-Party Services, you should fully understand and confirm whether you accept the applicable agreements or rules of the Third-Party Services. Services such as web applications added by ingsales, or cloud phone (SIP line) services or AI lead generation services you choose to activate, fall under the aforementioned Third-Party Services.
3.2 Fee Description
3.2.1 Users should confirm the applicable fee standards, payment methods, and other fee-related matters before using ingsales's relevant functions or services. You should activate the services only after confirming and agreeing to the terms. Users should also note that you are responsible for paying any internet access fees, data charges, and other communication or information fees charged by third parties that may arise from using ingsales’s functions and services.
3.2.2 ingsales Technology Company may, for various reasons such as marketing activities or product promotions, offer discounted products/services to users through "limited-time free," "limited-time discount," "limited-quantity discount," "recharge discount," and other promotional methods. Users understand and agree that these discounted products/services may be provided under certain conditions or only to specific users and should not be seen as a waiver of ingsales Technology Company’s right to charge for such products/services. ingsales Technology Company has the right to notify users of the specific fee standards and payment methods through ingsales, the official website, or other effective means at least 3 days in advance. After the notice takes effect, users must pay the applicable fees to continue using the related products/services.
3.2.3 Specifically, for users who are trialing or experiencing ingsales’s functions or services for free, ingsales Technology Company has the right to independently decide and adjust the types and duration of the functions/services that users can use for free (ingsales Technology Company reserves the right to charge for any functions/services not explicitly stated as free). Technical support and guarantees will only be provided within the scope required by law or explicitly stated by ingsales Technology Company. ingsales Technology Company has the right to stop providing all functions/services for free trial/experience users with prior notice. Users understand and agree that maintaining and managing any product or service incurs certain costs. If users request related services (including but not limited to accessing or exporting usage data) beyond the scope of the free functions/services provided by ingsales Technology Company, ingsales Technology Company has the right to independently assess the reasonableness of the request and the time or other conditions required to respond to the request. Users may be required to bear reasonable costs to meet their requests.
3.3 Technical Support and Guarantees
3.3.1 During your use of ingsales, ingsales Technology Company will make every effort to ensure the safety and stability of various functions and related services through comprehensive operational management. We will also strive to develop and continuously optimize related functions/services based on user needs and usage.
3.3.2 Different functions/services of ingsales may have specific Service Level Agreements (SLAs) applicable to different application scenarios. The technical support and guarantees available for specific functions/services will be based on the content of the applicable SLA (if any).
3.4 Usage Restrictions
3.4.1 Content Regulations
During your use of ingsales, you commit to complying with the Constitution and laws, maintaining public order, respecting social morality, and not producing, copying, publishing, disseminating information containing the following content, or intentionally providing technical support or any convenience/help for the creation, copying, publishing, or dissemination of such content:
3.4.1.1 Content that opposes the basic principles established by the Constitution, harms national security, honor, and interests, leaks state secrets, incites the subversion of state power, overthrowing the socialist system, incites national division, undermines national unity;
3.4.1.2 Content that promotes terrorism, extremism, ethnic hatred, ethnic discrimination, undermines national unity, disrupts national religious policies, promotes cults and feudal superstitions;
3.4.1.3 Fabricating and disseminating information that disrupts financial markets or economic order;
3.4.1.4 Fabricating and disseminating information on emergencies, epidemics, police incidents, natural disasters, production safety, food and drug safety, and other aspects that disrupt social order;
3.4.1.5 Impersonating or misusing the names of state institutions, social groups, their staff, or other legal entities, or disseminating information for illegal activities by impersonating others;
3.4.1.6 Disseminating information that incites illegal gatherings, associations, marches, demonstrations, or other activities that disrupt social order or stability;
3.4.1.7 Disseminating obscene, pornographic, violent, gambling, murder, terrorism information, as well as inciting crimes, teaching criminal methods, producing or trading prohibited items, fraud, and other illegal activities;
3.4.1.8 Insulting or defaming others, infringing on others’ reputation, privacy, intellectual property rights, or other legitimate rights and interests, harming the physical and mental health of minors, or being detrimental to the healthy growth of minors;
3.4.1.9 Other information prohibited by laws and administrative regulations.
3.4.2 Software Usage Regulations
During your use of ingsales, you commit not to engage in or help/instigate others to engage in the following behaviors:
3.4.2.1 Spreading software viruses or other computer codes, programs, or related materials that may interfere with, damage, or restrict the functionality of any computer software, hardware, or communication equipment through uploading, publicly publishing, or sending targeted messages;
3.4.2.2 Using technical means to illegally intrude into, damage, interfere with, alter, or attempt to alter ingsales’s functions, software, server systems, networks, or modify, add, delete, steal, intercept, replace data in ingsales’s client or server systems, or illegally occupy server space, or engage in other activities that cause overload;
3.4.2.3 Unauthorized scanning or probing for potential vulnerabilities or defects in ingsales’s software or server systems, or publishing vulnerabilities or defects in violation of relevant laws, or using vulnerabilities or defects to harm ingsales and ingsales Technology Company;
3.4.2.4 Creating, publishing, or disseminating software, media, or methods for the aforementioned purposes, whether or not the related activities are for commercial purposes.
3.4.3 Other Behavioral Norms: Throughout your use of ingsales, you should always act cautiously, strictly avoiding any behavior that violates laws, socialist systems, national interests, citizens' legal interests, public order, social morals, and information authenticity. You should not infringe on other users or third parties' legal rights, interfere with ingsales Technology Company’s normal operations or product functions, or engage in any other unauthorized behaviors. You also commit not to provide any convenience or help to third parties engaging in the aforementioned behaviors.
3.4.4 Violation Handling Regulations
Users agree and accept that ingsales Technology Company has the right to continuously monitor and review their use of ingsales functions and other related services. If ingsales Technology Company discovers any violations of Article 3.4 of this agreement, or receives complaints or allegations from third parties regarding illegal or infringing behavior by the user, ingsales Technology Company has the right to investigate or verify the relevant behavior or content and take appropriate measures based on the specific situation, including but not limited to immediately suspending/terminating the use of related functions/services, deleting relevant information, and reporting to relevant authorities. ingsales Technology Company may also require the user to provide relevant explanations or documentation within a specified period, and the user agrees to cooperate. ingsales Technology Company will not be liable for any legal responsibility for losses caused to the user due to the measures taken in such circumstances. ingsales Technology Company reserves the right to pursue legal liability and claim compensation for all losses suffered, including but not limited to investigation fees, litigation/arbitration fees, attorney fees, and business losses or claims incurred due to protecting its rights.
3.5 Suspension and Termination of Services
3.5.1 To provide users with more complete and high-quality products/services, ingsales Technology Company has the right to periodically or occasionally conduct inspections, maintenance, upgrades, and optimizations of ingsales applications or related infrastructure/equipment, systems, software, etc. (collectively referred to as "Routine Maintenance"). In the event that Routine Maintenance causes interruption or suspension of ingsales functions/services for a reasonable period, ingsales Technology Company will not be liable for breach of contract or damages. However, ingsales Technology Company shall notify users in advance about Routine Maintenance. In the case of non-routine maintenance due to force majeure or errors by basic operators, ingsales Technology Company will notify users as soon as possible.
3.5.2 To ensure the safety and stability of products/services, ingsales Technology Company may conduct major adjustments such as data center migration or equipment replacement, which may cause interruption or suspension of ingsales functions/services for a reasonable period. ingsales Technology Company will not be liable for breach of contract or damages in this case. However, ingsales Technology Company will notify users in advance, and users should cooperate. If users do not cooperate with the adjustments or ingsales Technology Company cannot contact users, the consequences will be borne by the users themselves.
3.5.3 ingsales Technology Company has the right to adjust or terminate part or all of the ingsales functions/services (including but not limited to offline, iteration, or integration of related functions/services) based on its operational arrangements. However, ingsales Technology Company shall notify users at least 30 days in advance to allow users to prepare for data migration, backup, or business adjustments to minimize unnecessary costs or losses.
3.5.4 Users understand and agree that when the conditions for suspension or termination of services agreed upon in this agreement or other agreements with users are met, ingsales Technology Company has the right to suspend or terminate the services agreed upon in this agreement by sending a unilateral notice:
3.5.4.1 The conditions for suspension of services mentioned in this section include but are not limited to: temporary inability to use ingsales functions/services due to user refusal to agree to updates of this agreement or other related rules, or user’s failure to renew the license after the expiration of the usage period, or other user-related reasons that violate the obligations stipulated in this agreement;
3.5.4.2 The conditions for termination of services mentioned in this section include but are not limited to: failure to renew the license for an extended period, or failure to meet the necessary conditions for using ingsales functions/services due to violation of obligations defined in this agreement, or damage caused to ingsales Technology Company due to user’s violation of legal provisions.
Article 4: Rights and Obligations of Both Parties
4.1 Regarding the ingsales functions and services provided by ingsales Technology Company, ingsales Technology Company grants the user a non-transferable, non-exclusive, non-sublicensable, and revocable license to use, according to the terms and conditions of this agreement. All other rights not expressly granted to the user by this agreement remain with ingsales Technology Company. The user must obtain written permission from ingsales Technology Company to exercise these rights, and the failure of ingsales Technology Company to exercise any of these rights does not constitute a waiver of that right.
4.2 The user shall pay the applicable fees according to the pricing rules of ingsales functions and services and shall use ingsales under the premise of complying with relevant rules and restrictions. Unless otherwise stated, the user’s use of ingsales functions and services under this agreement is limited to non-commercial purposes. The user agrees not to copy, duplicate, sell, resell, or use any part of ingsales functions and services for advertising or any other commercial purposes.
4.3 ingsales Technology Company shall provide ingsales functions/services in accordance with the signed contract, this agreement, or relevant rules, and the user's configuration or other forms of authorization/instructions. ingsales Technology Company will continue to develop and maintain efforts to provide users with product functions or services that better meet usage needs and provide an enhanced user experience, and will provide comprehensive support and guarantees as much as possible during the user's use. In this process, ingsales Technology Company may provide product updates through software replacement, modification, function enhancement, version upgrades, etc., and may notify users of the updates through pop-ups or announcements if necessary.
4.4 To enrich the value of user needs and continuously improve the user experience of ingsales, we will push notifications of special activities and surveys about various needs or usage conditions to users through pop-ups. The frequency of such proactive pop-ups will not exceed once a month, and may be increased based on user feedback to ensure that user needs are adequately met.
4.5 The user agrees to comply with applicable export control and economic sanctions laws and regulations of the United Nations, China, the United States, the European Union, and other countries. The user must ensure that they and their affiliated enterprise users are not subject to trade restrictions, economic sanctions, or other legal restrictions imposed by any country, region, or international organization, and will not directly or indirectly provide ingsales’s functions and services to entities or individuals listed on sanction countries/regions or restricted lists under applicable export control and economic sanctions laws. The user will not use the service and related content directly or indirectly for purposes prohibited by applicable export control and economic sanctions laws and regulations. Otherwise, ingsales reserves the right to immediately terminate services to the user and retain the right to claim all losses suffered.
Article 4.6: Confidentiality Obligations of Both Parties
4.6.1 Confidential Information refers to all technical and non-technical information disclosed by one party to the other (including but not limited to product or service pricing or marketing plans, business planning and strategy, customer lists and information, financial information, product development status, or related technical solutions).
4.6.2 Each party agrees to keep the other party's Confidential Information confidential and strictly limit access to such Confidential Information to those who are bound by these confidentiality obligations. Unless legally required by national authorities or if the Confidential Information has entered the public domain, the receiving party shall not disclose such information to external parties.
4.6.3 Both parties acknowledge that the business data and other information owned by each party are important assets and key confidential information. Each party agrees to make the utmost effort to protect such Confidential Information from disclosure. If either party detects any risk, hazard, or incident of Confidential Information leakage, both parties shall cooperate to take all reasonable measures to prevent or mitigate any resulting damages.
4.6.4 The confidentiality obligations of both parties as stipulated in this section shall remain in effect even after the termination of this agreement.
Article 5: Data Processing Description
5.1 The specific circumstances under which ingsales Technology Company directly or entrusted processes data for the user, including but not limited to data types, processing purposes and methods, and data security protection, will be described in the "ingsales Privacy Protection Policy."
5.2 In the scenario of personal users of ingsales, ingsales Technology Company will act as the data processor, processing all data during the use of ingsales, including necessary personal information, for the purpose of providing the required functions/services to personal users.
5.3 In the scenario of ingsales enterprise users and their administrators and end-users, ingsales Technology Company will act only as a data processor, providing functions/services based on the enterprise user's purchase, configuration, and security management requirements, and will process data controlled by the enterprise user (including related personal information) as necessary for providing the functions/services. For this scenario, ingsales Technology Company and the user agree to the following special provisions:
5.3.1 The user understands and agrees that personal information of citizens of the People's Republic of China and legal rights related to personal computers or electronic data assets are protected by law. Therefore, if processing personal information or personal assets of ingsales end-users or other individuals is involved in the use of ingsales Technology Company's products/services, the user must ensure that no personal rights are infringed. For example, when collecting and processing personal information, except for personal information belonging to the administrator which can be authorized by the administrator at the time of signing this agreement, the user must ensure that explicit consent from other relevant individuals is obtained, and authorize ingsales Technology Company to provide the products and services as agreed in this agreement. The user will be responsible for any violations of relevant laws or infringement of personal legal rights resulting from failure to meet this guarantee.
5.3.2 As mentioned above, since ingsales Technology Company provides ingsales functions/services only based on the user's authorization and processes corresponding data, ingsales Technology Company does not undertake responsibility for reviewing the specific content of the entrusted data. The user is responsible for the legality of the content. If the user uses ingsales functions to carry, transmit, or publish any data content that violates laws, regulations, departmental rules, or national policies, the user will bear all consequences and responsibilities, and system logs or other related records retained by ingsales Technology Company may be used as evidence of legal violations.
5.3.3 Since ingsales may provide data analysis services based on the entrusted data and provide feedback on data analysis results, you understand and agree that: The data analysis results provided by ingsales are for your reference only and do not guarantee suitability or guidance for any other purposes. Additionally, users should be aware that some data analysis results provided by ingsales may contain intellectual property or other legal rights of ingsales Technology Company. ingsales Technology Company will only authorize you to use them for reference purposes, and you shall not use them for other purposes or authorize/provide them to third parties.
5.4 Users should back up their data related to using ingsales according to their needs. Although ingsales Technology Company will retain necessary data such as logs during the provision of functions/services, ingsales Technology Company will only retain such data in accordance with relevant laws and regulations or your authorization, and under the principle of minimization, and does not assume any responsibility for user data backup work or results. If the user needs ingsales Technology Company’s assistance with data export or query/retrieval, ingsales Technology Company has the right to require the user to bear the corresponding costs for data processing and maintenance, except as otherwise agreed specifically between the user and ingsales Technology Company regarding data backup or related processing.
Article 6: Intellectual Property Rights
6.1 ingsales Technology Company, as the owner of the intellectual property rights related to the products/services it provides to you, holds the relevant copyrights, trademark rights, patent rights, and other intellectual property rights and trade secret protections. Intellectual property is a valuable intangible asset vital to the operation of ingsales Technology Company’s business, encompassing not only the solutions in the ingsales Technology Company products or services used by the user but also the brand images including trademarks and logos recognized by users. ingsales Technology Company promises that: the products or services obtained and used by the user in China through legitimate authorization have independent and complete intellectual property rights, and there are no rights defects infringing third-party intellectual property rights.
6.2 At the same time, you understand and agree that: during the use of ingsales Technology Company’s products or services, you must not infringe on the intellectual property rights and other legal rights owned by ingsales Technology Company in any way, including but not limited to, using the intellectual property rights for commercial or non-commercial purposes without ingsales Technology Company’s written consent, copying, modifying, disassembling, decompiling, reverse engineering, or attempting to access or intercept any source code in ingsales Technology Company’s products, circumventing or damaging any technical measures taken by ingsales Technology Company to protect intellectual property, or altering, destroying, or concealing any trademarks or logos on ingsales Technology Company’s products or system platforms. ingsales Technology Company reserves the right to pursue legal action for any infringement of intellectual property rights.
6.3 You understand and agree to authorize ingsales Technology Company to use your name, trademark, and logo in publicity and promotion, but only to indicate that you are our customer or partner.
Article 7: Limitation of Liability and Disclaimer
7.1 You understand and agree that during the use of ingsales, the following situations may cause interruptions to the functions/services. ingsales Technology Company will cooperate with relevant units to repair the issues promptly, but it will not be liable for any losses you may suffer as a result:
7.1.1 Due to force majeure factors, including but not limited to natural disasters, government actions, changes in laws and regulations, strikes (except for internal labor disputes of either party), turmoil, or other unforeseen, unavoidable, and insurmountable objective conditions;
7.1.2 Due to the impact of basic service providers, including but not limited to technical adjustments by telecommunications departments, damage to telecommunications/power lines by others, installation, renovation, or maintenance of telecommunications/power resources by telecommunications/power departments;
7.1.3 Occurrence of network security incidents, such as computer viruses, trojans or other malicious programs, hacker attacks, etc.;
7.1.4 Using ingsales functions or services in ways not permitted by ingsales Technology Company, or issues arising from improper operations, account loss or theft, or faults in your computer software, systems, hardware, and communication lines;
7.1.5 Other circumstances beyond ingsales Technology Company’s fault and beyond its control or reasonable foreseeability.
7.2 If, due to the special nature of the business you operate/manage, using ingsales requires authorization or permission from a third party, you must ensure that such conditions are met. ingsales Technology Company will accept your authorization based on the guarantee provided and offer the products/services stipulated in this agreement. ingsales Technology Company will not be liable for any violations of agreements with third parties or infringement of third-party legal rights caused by your actions.
7.3 You understand and acknowledge that ingsales and ingsales Technology Company maintain independence from third-party products, services, or other businesses or content. You should judge and be responsible for the legality, reliability, applicability, or quality of third-party provided hardware/software, plugins, tools, or advertisements and promotional information (commercial or non-commercial). Except as clearly stipulated by law, ingsales Technology Company will not be liable for any losses or damages caused by third-party products/services/information.
7.4 Additionally, you should be aware that ingsales might be used by other users for illegal activities such as fraud (including but not limited to sending fraudulent information, remote control for fraudulent operations, etc.), gambling, prostitution, illegal lending, etc. ingsales Technology Company will cooperate fully with public security or other regulatory authorities in investigating and obtaining evidence, and take measures to minimize losses as much as possible. However, as the provider of products and technical services, ingsales Technology Company cannot foresee or control such incidents. Therefore, users should be cautious and prevent potential risks arising from illegal activities using ingsales.
7.5 You understand and agree that the products and services provided by ingsales Technology Company are provided as-is, based on existing technology and conditions. ingsales Technology Company will strive to provide high-quality products/services, but due to industry technology limitations or other objective factors, ingsales Technology Company cannot guarantee that the products/services are free from defects or fully suitable for your business needs. Except for any specific guarantees made by ingsales Technology Company in certain scenarios, ingsales Technology Company does not make any commitments or guarantees regarding the effectiveness, completeness, accuracy, reliability, or timeliness of the technologies or information involved in the products/services provided, and will not assume any responsibility. If issues arise during the use of ingsales beyond the scope of commitments or knowledge, both parties can seek solutions through friendly cooperation.
7.6 Under any circumstances, ingsales Technology Company will not be liable for any indirect, punitive, incidental, or special damages, including but not limited to loss of profits, loss of interest, business interruption, data or other asset loss.
7.7 The total liability of ingsales Technology Company for any breach of applicable agreement terms or rules will not exceed the total amount of fees paid for the corresponding products/services.
Article 8: Valid Notices
8.1 You shall ensure and maintain the accuracy and validity of user information (including but not limited to phone numbers, email addresses, and other contact information). If the user information is false, invalid, or otherwise prevents you from timely receiving business notices, service/function alerts, technical support, dispute resolution, or penalty information, you shall bear the corresponding responsibility.
8.2 You should send notices to ingsales Technology Company according to the contact information published on the ingsales Technology Company official website, unless otherwise agreed by both parties.
8.3 ingsales Technology Company may send notifications related to products/services, including but not limited to updated user agreements, related rules, product/service upgrades, data center closures, advertisements, etc., through one or more of the following methods: web announcements, system notifications, internal messages, emails, SMS, instant messaging tools, letters, etc. Such information is considered delivered under the following circumstances (if the delivery time falls on a statutory holiday, the first working day after the delivery will be considered the delivery date):
8.3.1 When delivered by a designated person, it is considered delivered upon receipt by the addressee.
8.3.2 When published in the form of a web announcement, it is effective immediately upon publication (unless otherwise stated).
8.3.3 When sent electronically (including system notifications, internal messages, emails, SMS, instant messaging tools, etc.), it is considered delivered upon successful sending.
8.3.4 When sent by prepaid express delivery or registered mail, it is considered delivered on the third natural day after posting.
Article 9: Governing Law and Dispute Resolution
9.1 The place of signing this agreement is Yiwu City, Jinhua City, Zhejiang Province.
9.2 The formation, effectiveness, performance, interpretation, and resolution of disputes related to this agreement shall be governed by the laws of the People's Republic of China (excluding conflict of laws principles and excluding Hong Kong, Macau, and Taiwan). If there are no relevant legal provisions, applicable commercial practices may be referred to.
9.3 If any disputes or disagreements arise between you and ingsales Technology Company, they should first be resolved through friendly consultation. If consultation fails, you agree to submit the dispute or disagreement to the jurisdiction of the People's Court at the place of signing the agreement.
Article 10: Miscellaneous
10.1 The titles of all sections of this agreement are for convenience of reading and summarizing the content only. The titles themselves cannot be used as the basis for interpreting the content of this agreement.
10.2 This agreement is written in Chinese, and any other language versions are for reference only. In case of any conflict between different language versions, the Chinese version shall prevail.
10.3 During the use of ingsales, you may contact us for technical support or other inquiries through [Mobile - Me - Help and Feedback - Feedback] or [by mail to the following address]. Our contact information is as follows:
Contact Department: ingsales Legal Center
Email: [email protected]