TENDATA Platform Service Agreement

Updated: January 01, 2023

Welcome to use Tendata’s products and services which are legally owned and operated by Shanghai Tend Information Technologies Co., Ltd. and its affiliates (hereinafter referred to as "Tendata" or "we")!

Customers are requested to carefully read the entire content of these terms of service (referred to as "the terms").

Please do not use this service unless the customer has read and accepted the entire content of these terms. The behavior of the customer to check "Agree to the Tendata Platform Service Agreement" for this service is deemed to have read and agreed to accept the terms or constraints. Minors should read and confirm these terms under the guidance of their legal guardians, and must seek the consent and guidance of their guardians before using this service or submitting any personal information.

1. Service Confirmation and Acceptance

The customer understands and acknowledges that all the rights and interests of the Tendata products involved in Tendata, such as the ownership, intellectual property rights and operation rights, belong to Tendata. The services provided must be strictly implemented in accordance with the company's articles of association, terms of service and operating rules issued by it.

2. Service Description

2.1 "Customer" refers to an individual within the territory of the People's Republic of China or an organization legally registered within the territory of the People's Republic of China who registers and purchases this service and obtains the corresponding management authority, and is responsible for setting up customer accounts and performing relevant management activities.

2.2 "End user" refers to the end user of the service, including: customer employees or other relevant personnel of the customer.

2.3 "Customer content" means that the customer uploads, publishes, submits or sends documents, calendar information, communication information, email information or any other information and materials through this service.

2.4 The customer agrees: the terms applicable to the customer in this clause are also applicable to the end user, especially the agreed terms of customer obligations, which the end user should also abide by, unless the content of the clause does not apply to the end user; the customer is responsible for The end user's obligation to manage the behavior of using the service shall ensure that the behavior of the end user using the service complies with laws and regulations, these terms and other relevant provisions.

2.5 Tendata mainly provides customers with services such as digital foreign trade marketing solutions, localization solutions for brand overseas, and financing solutions for collection and settlement of foreign exchange.

(1) Foreign trade marketing solutions: market analysis insight, potential customer development, long-term customer maintenance, KA customer development

(2) Localization solutions for brand overseas: professional team, target market research, marketing material planning, overseas business contact

(3) Collection and settlement financing solutions: foreign trade export collection, foreign trade import foreign exchange settlement, multi-currency issuance, supply chain financing

Tendata may provide and adjust the type and content of this service according to different product functions, customer needs, service changes, etc. The details are subject to the content published on the official page of the relevant service, and customers can choose according to their needs. At the same time, customers are requested to keep abreast of changes in the content of this service. Customers understand and accept that Tendata's adjustments to this service may affect the rights and interests that customers have enjoyed or are currently enjoying, and agree to use it according to the adjusted content.

2.6 The customer understands and acknowledges that when disposing of its own customer information or the content provided by others on this service in any way, the customer shall bear the relevant risks and has nothing to do with Tendata. The customer also agrees that without the express consent of the corresponding oblige, the customer shall not use, reproduce, reproduce, disseminate, play, display, sell, license or use such content for any purpose without express permission.

2.7 The customer understands and agrees that Tendata mainly provides the above-mentioned services to customers (the actual service content shall prevail), and Tendata shall not be responsible for any third-party data and information services (such as customs data) that may be included in this service. responsibility.

2.8 This service may contain links to other online services or resources, which may be provided by third-party service providers. Tendata cannot control the customer's use of such third-party services or resources. Therefore, unless otherwise stipulated in this clause, the customer's use of third-party services or resources is bound by the agreement between the customer and the relevant third party. Any third-party services or resources are not responsible for the actions. The existence of such links does not mean that Tendata endorses the legality and safety of these third-party services or resources.

2.9 During the period of using the service, the customer should ensure that the Tendata account that the customer uses to log in to the service remains valid. Tendata reserves the right to place commercial or non-commercial advertisements or other information on the Service. Tendata will carry out advertising business in accordance with the requirements of relevant laws and regulations, and customers should carefully judge the authenticity and reliability of advertisements and other information.

3. Activation, renewal, adjustment and termination of services

3.1 The opening of the service. After the customer completes the relevant operation procedures in accordance with the activation requirements of Tendata or Tendata authorized agents, Tendata will activate the service and corresponding permissions (if any) for the customer. If the customer fails to pay the relevant fees on time, or the domain name of the customer is wrong or invalid, which leads to the inability to set up the account correctly, the customer or end user has no right to demand compensation or assume any other responsibility for this.
3.2 Customers who use Tendata's trial service (referred to as "trial service") can apply for a demo through the online channel (link: https://www.tendata.cn).

3.3 For customers who have successfully opened this service, Tendata will send a renewal reminder to the customer before the service expires. If the customer does not renew the purchase before the service expires, the service will be terminated after the service expires. If the customer does not renew the purchase within 30 natural days after the expiration of the service, the customer agrees that Tendata has the right to immediately cancel the relevant authorization of the customer to use the service and delete all data generated by the customer during the use of the service.

3.4 Tendata has been continuously improving and optimizing this service. Tendata has the right to adjust the service content, function, and quality according to the actual situation. Services such as data and information may be updated, modified, or suspended due to the arrangement of Tendata or the provider. or termination, in this case, the customer understands and acknowledges that it will not require Tendata to refund the service fee, compensate or assume other responsibilities.

3.5 Tendata has the right to suspend or terminate this service according to its own business decisions, government requirements or opinions, force majeure and other reasons. In the event of such a situation, Tendata has the right to notify the client in a reasonable manner such as an announcement, and the client understands and acknowledges that Tendata will not require Tendata to make compensation or assume other responsibilities. However, if the service is terminated due to Tendata's own reasons, Tendata will refund the service fee that the customer has paid but has not yet consumed, and provide a reasonable period for the customer to download and migrate the data generated during the use of this service. The download period expires Afterwards, Tendata is no longer responsible for saving the aforementioned data.

3.6 Except for the circumstances clearly stipulated by the law, Tendata has the right to directly handle the refund for the customer without the customer's application.

3.7 Tendata may adjust the price (fee standard) of some or all of the services at any time. If the customer has purchased the corresponding service, Tendata will notify the customer fifteen (15) days in advance through web announcements, emails or other reasonable methods. If the customer does not agree to the price adjustment, he has the right to apply in writing to cancel the purchase and stop using the corresponding service before the price adjustment takes effect; if the customer does not apply for cancellation in writing, it is deemed that the customer accepts the price adjustment and pays according to the adjusted price.

4. Rules of Use

4.1 The customer independently assumes the responsibilities arising from the use of the service and abides by all laws and regulations applicable to the service.

4.2 When customers use this service and related third-party services, they must not have the following situations or behaviors:

(1) Violating the Constitution or laws and regulations;
(2) Endangering national security, leaking state secrets, subverting state power, and undermining national unity;
(3) harming the national honor and interests, harming the public interest;
(4) Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
(5) Undermining the state's religious policy, promoting cults and feudal superstitions;
(6) Spreading rumors, disrupting social order, and undermining social stability;
(7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes;
(8) Insulting or slandering others, infringing upon the legitimate rights and interests of others;
(9) Using illegal network connection methods to use this service and related third-party services;
(10) Use this service and related third-party services to publish, disseminate, and sell content prohibited by Chinese laws and other applicable laws;
(11) Bypassing/undermining the protection and restriction measures of the service to use the service and related third-party services;
(12) Provide this service and related third-party services to third parties through transfer, lease, sharing, etc.;
(13) Engaging in other acts prohibited by laws and administrative regulations.

4.3 When using this service, the customer shall not damage or affect the legal rights of Tendata, nor shall it affect any other party's normal use of the relevant services provided by Tendata. When using data and information services, customers must not damage the rights of data and information providers, and must not authorize other entities to use the above-mentioned data and information services, otherwise the provider has the right to directly remedy the rights of customers.

4.4 When using this service, customers should ensure the validity of the email addresses used in this service (including but not limited to sender's address, recipient address, etc.), and should fully understand that there are relevant restrictions on this service, and agree to accept the restriction, and the product description on the official website page of this service shall prevail.

4.5 Commercial emails sent by customers through this service are limited to commercial emails that have been approved by the recipient, that is, the address of the recipient is from a legal source, and the content of the email is subscribed by the recipient. Customers are not allowed to use this service to send unreceived emails. spam with the permission of the sender.

4.6 Customers are not allowed to use this service to engage in the production and dissemination of computer viruses and other destructive programs that endanger the security of computer information networks.

4.7 Based on the business situation and the service type selected by the customer, Tendata configures the background management authority for the administrator designated by the customer, and the customer can add or delete accounts, set account passwords, etc. by himself. The behavior of the customer administrator is regarded as the behavior of the customer, and the consequences and responsibilities of all actions shall be borne by the customer. When performing administrator duties, customers should abide by laws and regulations, these terms, and various rules that have been issued by Tendata or may be issued/updated in the future.

4.8 If the customer shares its customer content with other customers of this service, it means that the customer agrees to grant these customers the unrestricted and free right to use its customer content (including any intellectual property rights and other related rights), unless the customer expressly provides to the other party stated such limitations, but such statements and limitations shall only bind the Customer and the other party. The customer undertakes to only upload, disseminate, provide and share customer content to or through the service that the customer is willing and entitled to authorize the above rights.

4.9 For customer content, this service does not provide backup, that is, customers should save customer content by themselves, and Tendata will not provide backup services. At the same time, the customer understands and confirms that the customer's deletion of customer content will not affect other customers' normal use of customer content that has been obtained and saved through legal channels before.

4.10 Any customer content disseminated or provided does not violate any laws or other relevant regulations. Customer shall be solely responsible for the legality of Customer Content posted, submitted or sent through the Service. If Tendata believes that the customer content does not comply with the provisions of this clause, Tendata has the right to delete the customer's customer content without prior notice.

4.11 When the customer uploads, disseminates or submits customer content through this service, it means that the customer confirms that: the customer owns the ownership of the customer content, or the customer has obtained the permission or authorization of the owner of the customer content. disseminated or submitted. The customer represents and warrants to Tendata that the content uploaded, disseminated or submitted by the customer using this service does not infringe the intellectual property rights and other legal rights of any third party. If Tendata discovers or any third-party claims to Tendata that there is infringement in the customer content, the customer agrees that Tendata has the right to independently judge the allegedly infringing customer content, and can take reasonable measures such as deletion and blocking without prior notice to the customer. Tendata has the right to disable or terminate accounts that infringe on the legitimate rights and interests of others and does not need to refund the fees paid but not yet used for the relevant accounts.

4.12 The client confirms that Tendata has no obligation to pre-review, monitor, review or edit any content written or published by the client and other clients through the service. The customer understands and acknowledges that the customer may come into contact with any offensive, indecent or objectionable content during the use of this service, and the customer can contact Tendata to report the above content. 13. If the customer believes that the information, materials and other content uploaded and disseminated by other entities through this service infringe the legal rights and interests of the customer, please contact Tendata. The contact information is: emarketing@tendata.cn

5. Modification of Services and Terms

5.1 Tendata has the right to modify this clause by reasonable means such as publishing announcements on the relevant pages of this service when necessary. When using this service, customers should check and understand the revised content in a timely manner, and consciously abide by this clause. If the customer continues to use the service, it is deemed to agree to the modified content; if the customer does not agree to the modified content, the customer has the right to stop using the service.

5.2 Except for the circumstances clearly stipulated by the law, Tendata has the right to directly handle refunds (if any) for customers without the application of customers.

6. Responsibility Statement

6.1 The customer purchases/accepts goods or services provided by a third party other than Tendata through this service. If any dispute arises, the customer and the third party will resolve it by themselves, and Tendata will only provide necessary assistance. Customers shall abide by the terms and regulations of the third-party service agreement, and shall not use third-party services in fraudulent, illegal or unauthorized ways. Customers should use third-party services in accordance with relevant national laws and regulations. Tendata shall not be responsible for the inability to use third-party services due to customer's own reasons, including network access problems and third-party account application problems. The data, information and other services contained in this service are only for the convenience of customers, and are only used for information reference, not as investment advice for Tendata and data and information providers. Tendata and data and information providers are not responsible for the accuracy of the service, completeness, and liability for delays, interruptions, and omissions.

6.2 Tendata shall not be liable for any losses caused by the actions or omissions of third parties, or losses caused by force majeure, including but not limited to: payment services, network access services, communication line failures of the telecommunications department, communication technical problems, network, computer failure, system instability, infringement by any third party, etc.

6.3 Unless it is caused by Tendata, Tendata will not undertake any obligation to refund the fees collected.

7. Liability for Breach of Contract

7.1 Customers must abide by all laws applicable to this service when using this service. Customers must not infringe upon the legal rights and interests of anyone in the process of using this service, and must not violate these terms, or any information that Tendata has released or may release/update in the future. Various rules and relevant provisions in laws and regulations; any illegal activities are prohibited. Customers are not allowed to use this service and third-party services involved in this service in a fraudulent, illegal or unauthorized manner, otherwise all responsibilities arising therefrom shall be borne by the customer independently, and the customer shall be responsible for compensation for any losses caused by this. At the same time, Tendata will report to and cooperate with relevant authorities, when necessary, in accordance with national laws and regulations and relevant policies. Tendata reserves the right to independently judge whether the customer's behavior complies with the requirements of this clause. If the customer violates the provisions of this clause, Tendata has the right to take punitive measures, including but not limited to suspending and terminating this clause without notifying the customer. Services and other measures, and there is no need to refund any fees paid by the customer.

7.2 No matter what happens, if Tendata has caused losses to the customer due to its fault in the process of providing this service, the total compensation paid by Tendata to the customer should not exceed the current service fee paid by the customer to Tendata.

8. Privacy System

Respect for customer privacy is a basic policy of Tendata. Tendata will collect, store, use, disclose and protect customers' personal information in accordance with the privacy policy published on Tendata's website (https://www.tendata.cn/sirius/privacy_waimao/index.html to be changed later). Customers are requested to read the above privacy policy completely to help customers better protect their personal information.

9. Legal and Dispute Resolution

These terms apply the laws of the People's Republic of China, and exclude the application of all conflict of law provisions. In the event of a dispute, the client and Tendata agree to submit the dispute to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its currently effective arbitration rules. The arbitral tribunal shall consist of three arbitrators. The arbitration award is final and binding on both parties, and the arbitration fees shall be borne by the losing party.

10. Statement of Rights

Tendata's failure to exercise, failure to exercise in a timely manner or failure to fully exercise the rights enjoyed by this clause or in accordance with the law shall not be deemed to have waived the right, nor will it affect Tendata's future exercise of the right. If customers have any questions about the contents of this clause, they can contact emarketing@tendata.cn