FOREWORD
Welcome to the services provided by Mobile Push!
To use the services provided by Mobile Push (hereinafter referred to as “this Service”), you shall read and comply with the Mobile Push Developer Agreement (hereinafter referred to as “this Agreement”), the Tencent Cloud Terms of Service, and other relevant agreements and rules. Please carefully read and fully understand the contents of all provisions, especially those that exempt or limit liability, as well as separate agreements and rules for activating or using certain services. Unless you have read and accepted all terms of this Agreement and relevant agreements and rules, you are not entitled to use this Service provided by Tencent. Your use of this Service provided by Tencent shall be deemed as your having read and agreed to be bound by the aforementioned agreements, rules, etc. In the event of any breach of this Agreement by you, Tencent has the right to, depending on the circumstances of the breach, unilaterally restrict, suspend, or terminate the provision of this Service to you at any time, and reserves the right to pursue your liability.
1. Definitions
Unless otherwise specified, the following terms shall have the meanings as set forth below in this Agreement:
1.1 Developer (hereinafter referred to as “You”)
Refers to any individual, legal entity, or other organization that, after valid registration and application, connects various applications to the Mobile Push platform to push messages to users and thereby is entitled to the corresponding rights.
1.2 Application
Refers to any application or platform service developed and operated by the Developer, or operated by the Developer upon authorization from the rights holder, that pushes messages to users through Mobile Push. The service content provided by such application or platform service to users includes, but is not limited to, gaming services, tool services, e-commerce services, video or music services, and various other existing and future services.
1.3 Mobile Push Platform (hereinafter referred to as “Platform”)
Mobile Push (Tencent Push Notification Service) is a professional mobile App message push platform that provides developers with notification/message push backend technical services. Through this backend technical service, by embedding the Mobile Push SDK, developers can push notification content edited by themselves to specific users via API calls or web-based visual operations, and can view push results in real time.
2. Important Notice
Both Tencent and the Developer agree and understand that:
2.1 The Mobile Push Platform is a neutral platform technical service provider that only provides developers with neutral push services such as notification/message push, push feedback, or related neutral technical support;
2.2 The Developer's applications are independently developed, operated, and solely responsible by the Developer. Tencent does not and cannot participate in any activities such as the development or operation of the Developer's applications, nor will Tencent modify, edit, or organize the Developer's applications in any way;
2.3 Any disputes, liabilities, etc. arising from the Developer's applications and the use of this Platform's services, as well as any consequences arising from the Developer's violation of applicable laws and regulations or the provisions of this Agreement, shall be solely borne by the Developer, and Tencent shall not be liable. If the rights and interests of Tencent or others are infringed, the Developer shall bear all responsibilities and compensate Tencent for all losses.
2.4 The notification/message content sent by the Developer to users is solely edited by the Developer, who shall bear sole legal responsibility for such content. Tencent shall not be liable for any such liability, dispute, damage or loss.
3. Developer’s Rights and Obligations
3.1 Account Registration
3.1.1 You shall register a Developer account (hereinafter referred to as “Account”) by logging into the Mobile Push website using your Tencent Cloud account to become a Developer. Once the Developer account is successfully registered, the corresponding Tencent Cloud account cannot be changed, and such account may not be transferred, gifted, and inherited.
3.1.2 When registering your account, you shall use a Tencent Cloud account over which you have lawful use rights, and comply with the Tencent Cloud Privacy Statement, Tencent Cloud Terms of Service, and relevant agreements and rules. You shall not use your account for other purposes in violation of this Agreement. Otherwise, Tencent has the right to unilaterally restrict, suspend, or terminate the provision of this Service to you at any time, and you may not use this Service again without Tencent's consent. 3.1.3 The Tencent Cloud account used to register your account serves as your credential for logging in and using this Service. You shall take proper confidentiality measures for your Tencent Cloud account, password, and the passcodes and passwords for accessing and managing various products and services within this Service. All losses and consequences arising from the loss or leakage of the aforementioned passcodes and passwords due to your inadequate confidentiality measures or other actions shall be borne by you.
3.1.4 You warrant that: the Tencent Cloud account used to register for this Service account, and the Tencent Cloud accounts used by collaborators you add to this Service account, are lawful and comply with the relevant provisions of the Tencent Cloud Terms of Service. All actions conducted through the aforementioned Tencent Cloud accounts in this Service, including but not limited to registering this Service account, submitting corresponding qualification materials, and confirming and agreeing to relevant agreements and rules, are actions taken by you personally or by others authorized by you, and shall be binding on you. At the same time, you shall bear the legal liability for all actions conducted under the aforementioned Tencent Cloud accounts.
3.1.5 If you discover that someone else is fraudulently using or stealing your account and password, or any other circumstance where your account is used without your lawful authorization, you shall immediately notify Tencent in an effective manner (including but not limited to providing your identity information and relevant identity documents, relevant facts, and your requests). After receiving your valid request and verifying your identity, Tencent will take corresponding measures based on different circumstances. If the information you provide is incomplete, resulting in Tencent being unable to verify your identity or determine your needs, which leads to Tencent's inability to process your request in a timely manner, you shall bear any losses incurred. At the same time, Tencent requires a reasonable period of time to take measures in response to your request. Tencent shall not be liable for any losses caused by others' actions before you notify Tencent and before Tencent takes measures based on your valid notice.
3.2 Qualification Materials
You warrant that: you possess the relevant lawful qualifications for using this Service, connecting to and operating applications, or providing related services, or have obtained the review and approval of relevant government authorities; you shall ensure that the entity qualification materials, relevant qualifications or certificates, and any other documents and information that you can legally provide are true, accurate, and complete, and shall promptly update such information upon any changes; you have the capacity to perform your obligations and various actions under this Agreement; your performance of relevant obligations and engagement in relevant actions does not violate any legally binding documents applicable to you. Otherwise, you shall not use the relevant services provided by Tencent, and shall solely bear all responsibilities arising therefrom and all losses caused to users and Tencent.
3.3 Service Fees
The Mobile Push Service is a paid service. For specific charging standards, billing methods, payment and settlement, please refer to the Mobile Push product page on the Tencent Cloud official website (Purchase Guide). Tencent has the right to modify and change the payment methods. Before any such modification or change, Tencent will provide notice or announcement on the corresponding service page. If you do not agree with the aforementioned modifications or changes, you should stop using the corresponding service; otherwise, any continued use shall be deemed as your agreement to such modifications or changes. 3.4 Application Requirements
3.4.1 You shall be solely responsible for the creation, development, editing, processing, modification, testing, operation, and maintenance of your applications, and shall bear the corresponding costs.
3.4.2 Your applications shall comply with applicable laws and regulations, technical specifications or standards. You shall own all copyright and other intellectual property rights of the applications and may grant rights related to the applications to any third party worldwide.
3.4.3 During the operation of your applications on the Mobile Push Platform, you shall provide users with timely and effective customer service. Forms of customer service include but are not limited to informing users of customer service channels in a clear and reasonable manner, providing email/telephone, etc., and you shall bear the customer service costs.
3.4.4 You shall provide complaint channels for relevant rights holders in your applications, ensuring that rights holders can assert their rights against you when they believe you have infringed their lawful rights and interests.
3.4.5 You shall, with respect to your applications and related services, provide users with the user service agreement of the application before users first use the application, and clearly state in the agreement that when users use the Mobile Push function of the application or service, the application/service will call the third-party Mobile Push Platform or obtain information push technical service support through third-party i.e. Tencent. You shall be responsible for the information push service used by users of the application. You shall bear full responsibility to users for any disputes and damages arising from the safety, accuracy, effectiveness, content and other uncertain risks of the Mobile Push service.
3.5 Rules of Use
3.5.1 You shall not engage in, assist, promote, or facilitate any conduct that violates applicable laws and regulations or infringes upon the lawful rights and interests of others, including but not limited to:
（1）Violating any applicable laws, regulations, judicial decisions, or regulatory requirements;
（2）Illegal acts that endanger national security, public safety, or social order;
（3）Advocating, supporting, or carrying out terrorism, extremism, violent crimes, or other illegal activities;
（4）Inciting hatred, discrimination, harassment, or violence against specific groups;
（5）Committing fraud, scamming, identity theft, or other misleading conduct;
（6）Disseminating false or misleading information that may cause significant harm;
（7）Publishing or distributing illegal pornography, child sexual abuse materials, illegal gambling, or illegal violence content;
（8）Infringing upon others' rights to reputation, privacy, personality, or other lawful rights and interests;
（9）Infringing upon intellectual property rights, trade secrets, or other proprietary rights;
（10）Sending spam or unauthorized commercial promotion messages;
（11）Assisting, abetting, or facilitating others in committing the aforementioned acts;
（12）Other acts prohibited by applicable laws and regulations.
3.5.2 You warrant that:
(1) your applications, related services provided to users, and related information and content published do not violate applicable laws, regulations, policies, or this Agreement or related agreements and rules, and do not infringe upon any person's lawful rights and interests;
(2) you shall be solely responsible for the content generated by users using the application services in your applications (including but not limited to messages, comments, names, etc.), ensuring that such content does not violate relevant laws, regulations, policies, or public order and good morals. Otherwise, you shall promptly take measures such as deletion, disconnection of links, or other effective measures;
(3) the application design should value user experience, respect users' right to know and right to choose, application services should adhere to the principle of good faith, not mislead, defraud, or confuse users, respect users' privacy, not harass users, and not generate spam. If you violate the above commitments, Tencent has the right to suspend or terminate this Service depending on the specific circumstances.
3.5.3 You shall not engage in, nor facilitate (including but not limited to facilitating the actions of your users), the following acts:
(1) Deleting, concealing, or altering any patent, copyright, trademark, or other ownership notices displayed on the Mobile Push Platform or contained therein;
(2) Modifying or deleting the basic environment provided by Tencent, or interfering or attempting to interfere with the normal operation of any Tencent product, any part or function, or creating, publishing, or distributing the aforementioned tools or methods;
(3) Without Tencent's written permission, using Tencent, Mobile Push or other trademark logos or any variations, abbreviations, or modifications thereof in your applications;
(4) Bypassing, attempting to bypass, or claiming to be able to bypass any content protection mechanism, or causing users to believe they are directly interacting with the Mobile Push Platform and Tencent's related products;
(5) Using Tencent's URL addresses, technical interfaces, etc. in any way without obtaining Tencent's written permission;
(6) Displaying or otherwise providing any user's information to any other user or third party without such user's consent;
(7) Requesting, collecting, soliciting, or otherwise obtaining login accounts, passwords, or any other authentication credentials for Tencent's services, including but not limited to Tencent Cloud accounts, email addresses, etc.;
(8) Directly contacting users or publishing any commercial advertisements and harassing messages to users without obtaining their explicit consent;
(9) Providing proxy authentication credentials for any user to automatically log in to the Mobile Push Platform;
(10) Providing tracking functions, including but not limited to identifying other users' viewing, clicking, and other operational behaviors on personal pages;
(11) Automatically redirecting browser windows to other web pages;
(12) Gaining unauthorized access to Tencent products or services;
(13) Applications containing computer viruses, Trojans, or other malicious programs that may harm the rights and interests of Tencent or users and terminal information security, or being found to have vulnerabilities that may lead to the implantation of Trojans or phishing web pages;
(14) Opening high-risk ports/services without approval, or adding web shells to external network programs;
(15) Publicly expressing or implying that you have a cooperative relationship with Tencent, including but not limited to mutual shareholding, commercial dealings, or cooperative relationships, or claiming Tencent's endorsement of you;
(16) Exploiting vulnerabilities in the Mobile Push Platform for malicious behavior, including but not limited to publishing illegal information, maliciously hijacking user information, bundled software installation, defrauding users, etc.;
(17) Exposure of public IP addresses, or occurrence of security intrusion incidents;
(18) Other behaviors or content that Tencent deems inappropriate or improper.
3.5.4 Third-party software or technology may be used in this Service. If used, Tencent warrants that it has obtained lawful authorization, and Tencent will display the relevant agreements or other documents in accordance with applicable regulations or agreements. The relevant agreements or other documents displayed through various forms as mentioned above are an integral part of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. Otherwise, you shall bear all responsibilities arising therefrom. Any disputes arising from third-party software or technology used in this Service shall be resolved by such third party.
3.5.5 Regardless of the reason for the termination of an application or service, before such termination, you shall properly resolve relevant matters between you and users in accordance with the law, the Agreement, and Tencent's requirements. Otherwise, any disputes between you and users arising therefrom shall be resolved by you, and you shall bear all responsibilities.
3.6 Online Game Applications
3.6.1 If your application falls under the category of online game applications, it shall meet the following requirements: in accordance with the requirements of relevant regulations, develop user guidelines and warning instructions for online game applications based on the content, functions, and target audience of such applications, and display them in prominent positions on the website and within the online games.
3.6.2 If your application falls under the category of online game applications, the application shall:
(1) not set up forced battles without user consent;
(2) not use random draws or other chance-based methods to induce users to spend legal currency or online game virtual currency to obtain the application's products and services;
(3) in online game applications targeted at minors, not contain content that induces minors to imitate behaviors that violate social morality or criminal behavior, nor content such as horror or cruelty that is detrimental to minors' physical and mental health;
(4) if game application users request a refund in legal currency for virtual currency they have purchased but not yet used or for services that have not yet expired, both parties shall provide refunds to the user on a pro-rata basis.
3.7 Rules Regarding User Data
3.7.1 The collection, storage, and use of user data by your application or service must meet the following requirements:
(1) If your application or service needs to collect any user data, you must obtain the user's explicit consent in accordance with applicable laws and regulations, and you shall only collect user data necessary for the operation and functionality of the application, and you shall inform users of the purpose, scope, and method of data collection to protect users' right to know;
(2) After collecting user data, you must take necessary protective measures to prevent user data from being stolen or leaked;
(3) User data collected in a specific application may only be used within that specific application or for providing the services or functions of that application, and shall not be used outside that specific application or for any other purpose, nor shall it be provided to others in any manner;
(4) You shall provide users with a privacy policy, and the privacy policy must be prominently displayed to users within the application interface;
(5) You shall provide users with methods to modify and delete user data, ensuring that when users request deletion of their user data, they can complete the operation themselves through such methods, and ensuring that relevant data is completely deleted;
(6) The Developer shall obtain explicit authorization from users, allowing the Developer to provide user data from the application or service (including but not limited to user application accounts, user application tags, etc.) to Tencent for the purpose of providing Mobile Push services, in order to achieve the services stipulated in this Agreement.
3.7.2 Without user authorization and consent, you shall not collect users' private information data and other data that Tencent deems to be within the scope of sensitive information, including but not limited to collecting or requiring users to provide any Tencent Cloud account, bank account numbers and passwords.
3.7.3 You shall not use Mobile Push Platform data for advertising purposes directed at users.
3.7.4 If Tencent considers that your method of collecting or using user data may harm the user experience, Tencent has the right to require you to delete relevant data and to cease collecting or using user data in such manner.
3.7.5 Tencent has the right to restrict or prevent you from accessing user data and Mobile Push Platform data.
3.7.6 All rights to the Mobile Push Platform's operational data, user data, and other data belong to Tencent and constitute Tencent's trade secrets, except for relevant rights that legally belong to users. Without Tencent's prior written consent, you shall not use the aforementioned data for purposes other than those stipulated in this Agreement, nor shall you provide the aforementioned data to others in any form.
3.7.7 Once the Developer ceases to use the Mobile Push Platform, or Tencent terminates your use of this Service for any reason, you must immediately delete all data obtained from the Mobile Push Platform (including all backups) and shall not use it in any way thereafter.
3.7.8 You shall, independently of this Service, take reasonable and secure technical measures for various data and other information stored on Tencent's servers due to your use of this Service, to ensure its security, and you shall bear full responsibility for the consequences of your own actions (including but not limited to installing software yourself, taking encryption measures, or taking other security measures).
3.8 Legal Liability
3.8.1 You warrant that you will pay relevant fees in accordance with this Agreement and relevant agreements and rules. Otherwise, you understand and agree that: for each day of delay, you shall pay Tencent a late fee equal to one thousandth (1/1000) of the outstanding amount. At the same time, to the extent permitted by applicable laws and regulations, Tencent has the right to unilaterally take one or more of the following measures at any time to protect its lawful rights and interests:
(1) directly deduct from any fees that Tencent should pay to you or your affiliated companies;
(2) suspend settlement or payment of any fees to you or your affiliated companies;
(3) suspend or terminate all applications under your name or your affiliated companies from using this Service;
(4) suspend or terminate the backend management permissions of you or your affiliated companies;
(5) delete any data stored by you or your affiliated companies in using this Service;
(6) prohibit you from connecting any new applications to the Mobile Push Platform in the future;
(7) other measures Tencent may take to protect its rights and interests.
3.8.2 You warrant that: your use of this Service and any of your actions will not infringe upon any person's lawful rights and interests. Any disputes and liabilities arising from your violation of this Agreement shall be solely your responsibility. If Tencent suffers losses (including but not limited to fines imposed by competent authorities, compensation to rights holders, attorney's fees, litigation costs, etc.), you shall compensate Tencent for all losses within five (5) business days.
3.8.3 You understand and agree that: if Tencent discovers for the first or second time on its own or based on information from relevant departments or complaints from rights holders that you may have infringed upon others' lawful rights and interests, Tencent has the right to make an independent judgment based on the understanding of an ordinary person to determine whether you have infringed upon others' lawful rights and interests. If Tencent determines after judgment that you have infringed upon others' lawful rights and interests, to the extent permitted by applicable laws and regulations, Tencent has the right to unilaterally take one or more of the following measures at any time:
(1) take measures such as closing new user entry points and restricting existing user logins for applications that infringe upon others' lawful rights and interests;
(2) take offline measures for applications that infringe upon others' lawful rights and interests, i.e., terminate the operation of the application on the Mobile Push Platform;
(3) pursue your legal liability;
(4) publicly announce your actions and provide your valid information to competent authorities or rights holders;
(5) other measures that Tencent deems appropriate. For applications that infringe upon others' lawful rights and interests, even if you modify the application so that it no longer infringes upon others' lawful rights and interests, you agree that Tencent still has the right to take the modified application offline. At the same time, if necessary, you may submit the modified application that no longer infringes upon others' lawful rights and interests as a new application in accordance with the Mobile Push Platform's procedures and specifications for connection to the Mobile Push Platform.
3.8.4 You understand and agree that: if Tencent discovers for the third time or more on its own or based on information from relevant departments or complaints from rights holders that you may have infringed upon others' lawful rights and interests, Tencent has the right to make an independent judgment based on the understanding of an ordinary person to determine whether you have infringed upon others' lawful rights and interests. If Tencent determines after judgment that you have infringed upon others' lawful rights and interests, to the extent permitted by applicable laws and regulations, Tencent has the right to unilaterally take one or more of the following measures at any time:
(1) require you to immediately replace or modify the content that infringes upon others' lawful rights and interests, and suspend settlement of application revenue to you until you correct the breach;
(2) take measures such as closing new user entry points and restricting existing user logins for the application that infringes upon others' lawful rights and interests, or for all or any of the applications under your name;
(3) take offline measures for the application that infringes upon others' lawful rights and interests, or for all or any of the applications under your name, i.e., terminate the operation of the application(s) on the Mobile Push Platform;
(4) prohibit you from connecting any new applications to the Mobile Push Platform in the future;
(5) pursue your legal liability, or simultaneously unilaterally terminate this Agreement;
(6) publicly announce your actions and provide your valid information to competent authorities or rights holders;
(7) other measures that Tencent deems appropriate.
3.8.5 After Tencent informs you or you become aware on your own that you have infringed upon others' lawful rights and interests, you shall submit a counter-notification to Tencent in accordance with Tencent's requirements. However, regardless of whether Tencent has informed you, whether you have submitted a counter-notification, or whether the counter-notification complies with relevant regulations or Tencent's requirements, this shall not affect Tencent's independent judgment and the taking of relevant measures.
3.8.6 You warrant that: your use of this Service and any of your actions do not violate any relevant regulations, this Agreement, or related agreements and rules. Otherwise, you understand and agree that: if Tencent discovers on its own or based on information from relevant departments or complaints from rights holders that you may have violated the aforementioned warranties, Tencent has the right to make an independent judgment based on the understanding of an ordinary person to determine whether you have violated the aforementioned warranties. If Tencent determines after judgment that you have violated the aforementioned warranties, to the extent permitted by applicable laws and regulations, Tencent has the right to unilaterally take one or more of the following measures at any time:
(1) take measures such as closing new user entry points and restricting existing user logins for the application(s) that violated the aforementioned warranties, or for all or any of the applications under your name;
(2) take offline measures for the application(s) that violated the aforementioned warranties, or for all or any of the applications under your name, i.e., terminate the operation of the application(s) on the Mobile Push Platform;
(3) prohibit you from connecting any new applications to the Mobile Push Platform in the future;
(4) pursue your legal liability, or simultaneously unilaterally terminate this Agreement;
(5) publicly announce your actions and provide your valid information to competent authorities or rights holders;
(6) other measures that Tencent deems appropriate.
3.8.7 If Tencent takes any action or measure against you or your application in accordance with the above provisions, other relevant provisions of this Agreement, or due to your violation of relevant laws, any disputes and liabilities arising therefrom shall be solely your responsibility. If you suffer losses, you shall bear them entirely on your own; if Tencent or others suffer losses, you shall also bear full responsibility. At the same time, if you have any conduct that violates relevant regulations, this Agreement, or related agreements and rules, Tencent has the right to suspend settlement or payment of any fees to you or your affiliated companies. If Tencent suffers losses as a result, you shall compensate Tencent for all losses.
4. Tencent’s Rights and Obligations
4.1 Tencent will provide you with corresponding services based on the services you select and the fees you pay.
4.2 Protecting the security of your information is a fundamental principle of Tencent. Without your consent, Tencent will not disclose or provide your information to any company, organization, or individual outside of Tencent, except in the following circumstances:
(1) where this Agreement or other relevant agreements and rules permit such provision;
(2) where laws and regulations permit such provision;
(3) where administrative, judicial, or other government departments require such provision;
(4) where you agree that Tencent may provide such information to third parties;
(5) where such provision is necessary to resolve reported incidents or initiate litigation;
(6) where such provision is necessary for taking necessary and reasonable actions to prevent serious illegal acts or suspected criminal acts.
4.3 Although Tencent has made great efforts to protect your information, it still cannot guarantee that under existing security technology measures, your information may not be leaked or stolen due to force majeure or non-Tencent factors. You agree that Tencent may be exempted from liability for losses caused to you thereby.
4.4 Tencent has the right to develop and operate applications that are similar to or compete with your applications, and Tencent does not guarantee that applications with functions competing with yours will not appear on the Mobile Push Platform from other developers.
4.5 Tencent has the right to explain to users on pages including but not limited to application introduction pages or installation pages that the application is developed by you and that customer service is provided by you.
4.6 Tencent may transfer part or all of its rights and obligations under this Agreement to others. If you do not agree with such transfer by Tencent, you have the right to stop using the services under this Agreement. Otherwise, it shall be deemed that you have accepted such transfer.
4.7 Unless otherwise agreed, Tencent is not required to pay you any fees for the rights it enjoys under this Agreement.
4.8 You understand and agree that: for the purpose of promoting your applications to more Internet users, Tencent has the right to take the following actions without further obtaining your consent:
(1) promote and publicize your applications in various forms on platforms and websites other than the Mobile Push Platform, including but not limited to using any part of the application's name, scenarios, trademarks, etc.;
(2) Tencent may, based on overall operational arrangements, independently choose to provide your applications to Internet users worldwide or in certain regions;
(3) the right to use your application's LOGO, logos, names, images, and other related materials for the purposes of this Agreement.
5. Disclaimers
5.1 Service Modification, Suspension, or Termination
You understand and agree that: given the special nature of Internet services and business operational needs, Tencent has the right to modify, suspend, or terminate part or all of the content of this Service based on the overall operational conditions, business arrangements, compliance requirements, or relevant rules of this Service. For service modifications, suspensions, or terminations caused by the aforementioned reasons, to the maximum extent permitted by applicable law, Tencent shall not be liable for any losses caused thereby, except where mandatory provisions of laws and regulations provide otherwise.
5.2 Maintenance and Upgrades
Tencent has the right to periodically or from time to time perform inspection, maintenance, upgrade, migration, or optimization of this Service and related systems and equipment. Tencent will take reasonable measures based on actual circumstances and send you advance notice through the Mobile Push Platform. To the maximum extent permitted by applicable law, Tencent shall not be liable for temporary service interruptions, performance degradation, or data delays caused by the aforementioned maintenance, upgrades, or optimization.
5.3 Service Provided As Is
You understand and agree that: Tencent's services are provided on an as-is basis under the existing technology and conditions. Tencent will make its best efforts to provide services to you and ensure the continuity and security of the services; however, Tencent cannot guarantee that the services it provides will be continuously uninterrupted, completely error-free, defect-free, able to meet your specific needs, or that the service results will be accurate, complete, reliable, and timely. Tencent also cannot foresee or prevent legal, technical, and other risks at all times, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, compatibility with any third-party software, systems, or equipment, third-party service defects, government actions, and other reasons that may cause service interruptions, data loss, and other losses and risks.
5.4 Force Majeure
You understand and agree that: in the process of using this Service, you may encounter risk factors such as force majeure that cause interruptions to this Service. Tencent shall not be liable for the inability to perform or delay in performance of this Service caused by force majeure events. Force majeure refers to objective events that cannot be foreseen, overcome, or avoided, and that have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and storms, as well as social events such as wars, riots, government actions or regulatory measures, power, communication, or network failures, cloud infrastructure failures, and other events beyond Tencent's reasonable control. When the aforementioned circumstances arise, Tencent will take measures within a reasonably feasible scope to mitigate the impact and promptly carry out repairs.
5.5 Third-Party Causes
You understand and agree that: if service interruptions, data loss, restricted access, or other issues are caused by the following circumstances:
(1) computer viruses, Trojans, or malicious code;
(2) hacker attacks or cybersecurity incidents;
(3) failures of third-party operators or network service providers;
(4) improper user operations;
(5) user device, software, system, or network failures;
(6) users using this Service without Tencent's authorization;
(7) other circumstances beyond Tencent's control or reasonable foreseeability; to the maximum extent permitted by applicable law, Tencent shall not be liable, except where mandatory provisions of laws and regulations provide otherwise.
5.6 Limitation of Liability
To the maximum extent permitted by applicable law, whether based on contract, tort, or statutory liability, Tencent and its affiliated companies, directors, senior officers, employees, and agents shall not be liable for the following losses: loss of profits, loss of revenue, loss of business opportunities, loss of anticipated savings, data loss, damage, or leakage, loss of goodwill, incidental losses, special losses, punitive losses, or consequential losses, even if Tencent has been informed of the possibility of such losses.
5.7 Liability Cap
To the maximum extent permitted by applicable law, the total aggregate liability of Tencent arising from or in connection with this Agreement or this Service shall not exceed the total amount of fees you actually paid to Tencent for this Service during the six (6) months immediately preceding the date of the event giving rise to the liability.
6. Suspension or Termination of Service
6.1 If you notify Tencent in writing that you do not accept this Agreement or any modifications thereto, Tencent has the right to suspend or terminate the provision of all or part of this Service to you at any time.
6.2 If force majeure factors make it impossible for you to continue using this Service or for Tencent to provide this Service, either party has the right to terminate the Agreement at any time.
6.3 If other conditions for suspension or termination stipulated in this Agreement occur or are realized, Tencent has the right to suspend or terminate the provision of all or part of this Service to you at any time.
6.4 If a party and its creditors or any other lawful parties apply for liquidation, bankruptcy, reorganization, settlement, or dissolution, or a party's funds are insufficient to maintain normal company operations; or a party is unable to pay any due debts; or a party's creditors take over the party's operations, then the other party may terminate this Agreement.
6.5 If Tencent terminates this Service to you in accordance with the Agreement due to your breach, and you subsequently register for or use this Service directly, indirectly, or in another person's name, Tencent has the right to unilaterally suspend or terminate the provision of this Service.
6.6 If this Agreement or this Service is terminated for any reason, for all data in your account or any information you have stored on Tencent's servers due to using this Service, Tencent may retain or delete such information, including any data you have not completed before the service termination.
6.7 If this Agreement or this Service is terminated for any reason, you shall handle the backup of data and other information and the resolution of relevant matters between you and your users. If Tencent suffers losses as a result, you shall be responsible for compensation.
7. Notices
7.1 Tencent may deliver various rules, notices, prompts, and other information regarding this Service to you through one or more methods such as webpage announcements, webpage prompts, emails, SMS, or internal messages sent within the management system of your registered Service account. Such information shall be deemed delivered and binding on you once Tencent publishes or sends it through any of the aforementioned methods. If you do not accept such information, please notify Tencent in writing; otherwise, it shall be deemed that you have accepted and agreed.
7.2 If you fail to receive relevant rules, notices, prompts, or other information due to errors in the email address, mobile phone number, mailing address, or other information you provided, you agree that such information shall still be deemed to have been received by you and binding on you, and you shall bear all consequences and responsibilities.
7.3 You also agree that Tencent or its partners may send other types of information that may not be related to this Service to your email, mobile phone number, etc., including but not limited to commercial advertisements.
7.4 If you have matters to notify Tencent about, you shall notify Tencent in writing in accordance with the officially published contact information for this Service.
8. Intellectual Property
8.1 Prior to the execution of this Agreement, the trademark rights, copyrights, or other intellectual property rights separately enjoyed by each party shall remain the separate property of each party, and shall not be transferred to the other party or become jointly owned by both parties due to the execution or performance of this Agreement, unless otherwise agreed by both parties.
8.2 The intellectual property rights of the information content provided by Tencent in this Service (including but not limited to webpages, text, images, audio, video, charts, etc.) belong to Tencent, except those that legally belong to others. Unless otherwise specifically stated, the copyright, patent rights, and other intellectual property rights of the software on which Tencent relies to provide this Service belong to Tencent. The copyrights, trademark rights and other intellectual property rights in the commercial logos used by Tencent in this Service, including Tencent, Tencent Cloud, TENCENT, TENCENT CLOUD, and the Penguin logo, are owned by Tencent. The aforementioned and any other intellectual property rights lawfully owned by Tencent are protected by law, and without Tencent's written permission, you shall not use them in any form or create related derivative works.
8.3 You only have the right to lawfully use this Service or related APIs in accordance with this Agreement. All rights including copyright and patent rights related to the APIs associated with this Service belong to Tencent. Without Tencent's written permission, you shall not use them in breach of contract or in violation of law, nor shall you sell, transfer, or sublicense Tencent's code, APIs, and development tools to any entity or individual.
9. Miscellaneous
9.1 The content of this Agreement also includes the Tencent Cloud Terms of Service, Tencent Cloud Account Rules, Mobile Push Basic Edition (excluding trial edition) Service Level Agreement, the agreements or rules in the annexes to this Agreement, and other relevant agreements and rules that Tencent may continuously publish regarding this Service. Once officially published, the above content shall form an integral part of this Agreement, and you shall likewise comply with it. In case of any conflict between the above content and this Agreement, this Agreement shall prevail. Once you register or use any service under this Agreement, you shall be deemed to have read and agreed to be bound by this Agreement and the above content. Tencent has the right to unilaterally modify this Agreement or the above content when necessary. After the relevant content is modified, if you continue to use this Service, you shall be deemed to have accepted the modified content. If you do not accept the modified content, you shall stop using the relevant services.
9.2 The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be determined and executed in accordance with the relevant provisions of the Tencent Cloud Terms of Service.