I. Introduction
1.1 Welcome to Gizzap, provided by 广州积智涌现数字科技有限公司 (“积智涌现” or “we”). Gizzap is referred to as the “Platform” or the “Software”. The Gizzap User Terms of Service (this “Agreement”) are an agreement between you and us setting out the terms and conditions governing your access to and use of the Platform and the related websites, services, applications, products and content operated or provided by Gizzap or its affiliates (collectively, the “Services”). For the purposes of this Agreement, “you” means a user of the Services.
1.2 This Agreement constitutes a legally binding agreement between you and us. We specifically remind you to read carefully and fully understand all its provisions, particularly provisions exempting or reducing our liability, restricting your rights, and concerning dispute resolution and applicable law. Provisions restricting your rights or exempting or reducing our liability are highlighted in bold to draw your particular attention.
1.3 By accessing or using the Services, you confirm that you have the civil capacity for rights and conduct required to form or enter into a binding contract with Gizzap, or meet the requirements in the “Terms for Use by Minors” section of this Agreement, and that you accept and agree to comply with this Agreement. Your access to and use of the Services is also subject to and restricted by our Gizzap Privacy Policy, including supplements, changes and additional agreements to this Agreement and the Gizzap Privacy Policy made from time to time, which we will notify you of and provide by reasonable means. You may review these provisions on the relevant service pages. Together with this Agreement, they form the entire agreement between you and us.
1.4 If you access or use the Services on behalf of an enterprise or other organization, you undertake that you have obtained the organization's full authorization to accept and perform this Agreement on its behalf. In that case, the organization assumes legal and financial responsibility for your access to and use of the Services and for use of your account by other persons associated with the organization, including employees, agents or contractors.
1.5 We will revise this Agreement from time to time, for example when updating features of the Services or when regulatory requirements change. When revising the Agreement, we will publicly announce the revisions three days before they formally take effect. We will also promptly update the “Updated” and “Effective” dates at the top of this Agreement. We will make reasonable efforts to give all users reasonable notice, such as through the Platform, of material changes to this Agreement, and you should promptly review such notices. Your continued access to or use of the Services after this Agreement is updated constitutes acceptance of the revised terms. If you disagree with the updated terms, you must stop accessing or using the Services.
1.6 If we require you to comply with terms other than this Agreement and the Gizzap Privacy Policy, the public notice, publication and effectiveness of those terms are also subject to the arrangements above.
II. The Platform and the Services
2.1 The Platform is developed and operated by 广州积智涌现数字科技有限公司. It is an AI software product providing overseas marketing products and services and marketing management. Users can conduct overseas social-media marketing, GEO/SEO marketing management, big-data monitoring and queries, and AI intelligent automation services on the Platform. Features vary depending on the version selected by the user; the features actually provided by the Platform for your selected version prevail.
2.2 Subject to compliance with this Agreement, we grant you a non-exclusive, limited, non-transferable, non-sublicensable and revocable license to access and use the Platform, including use of the Platform and access to Gizzap Content as defined below. Gizzap reserves all rights relating to the Platform, the Services and Gizzap Content. You acknowledge and agree that, if you breach this Agreement in any way, Gizzap may terminate the license for reasonable cause to prevent further harm to Gizzap and other users.
2.3 You should obtain the Services from our website. If you obtain them from somewhere other than the Gizzap Platform, we cannot guarantee that the version will function properly, and you are responsible for obtaining and using it in that manner.
2.4 You understand and acknowledge that features described in this Agreement may be offered only to certain users, such as Team Users, or in particular ways, such as for a fee. The Services you can actually enjoy when accessing and using the Services are those we actually provide to your account.
2.5 We will optimize the above features from time to time and continually develop new features based on user needs. You agree that these features and Services may, as user needs change or in our judgment, be optimized or modified across service versions, or temporarily suspended for scheduled or unscheduled maintenance. None of these actions constitutes a breach of this Agreement by us.
2.6 Gizzap may from time to time update, upgrade, modify, delete or transfer the Platform, the Services or any part or feature of them without separate notice. We will make reasonable efforts to provide all users with reasonable notice, such as through the Platform, of relevant changes to the Services, and you should promptly review such notices.
2.7 When using features provided by the Platform, you must comply with the relevant technical specifications, security requirements and other rules that Gizzap communicates from time to time, to ensure the safe and stable operation of the Services.
III. Team Users and Authorized Users
3.1 If your employer or another organization in which you participate has entered into a subscription agreement with Gizzap regarding your use of the Services, in writing or by other reasonable means (“Subscription Agreement Entered Into”), and authorizes or invites you to use the Services, that employer or organization is the “Team User” referred to in this Agreement.
3.2 Users who use the Services at a Team User's invitation, including the Team User's administrator users, are “Authorized Users” under this Agreement. A Team User may send you a QR code or invitation link inviting you to use the Services. You may use it to create an account for the Services as that Team User's Authorized User. You agree not to share or disclose that verification code to anyone other than personnel of the Team User that invited you to use the Services; otherwise, you bear the corresponding legal liability arising from breach of this paragraph. You also agree that, to enable you and the Team User's other Authorized Users to use certain features of the Services, the Team User may, with your authorization, share your information with us and its other Authorized Users. The Team User's collection, use and sharing of your information must comply with applicable laws and regulations. We process your information only as required by the Team User and are not legally responsible for that Team User's relevant conduct. Please carefully read the provisions concerning this situation in the Gizzap Privacy Policy.
3.3 While you accept an invitation to become a Team User's Authorized User and maintain that status, you may enjoy the Services provided to that Team User and its Authorized Users. You also authorize the Team User to which you belong to manage your Authorized User status and the associated rights and benefits, including adding or removing users and adjusting permissions and restrictions on Services. You undertake to use the Software and Services within that Team User's authorization and rules while complying with the Platform's requirements. If you lose your status as a Team User's Authorized User, Gizzap may, at the Team User's direction, also delete the service content associated with that status.
3.4 When using the Services as a Team User's Authorized User, you acknowledge that the Services are a work tool for your organization and are not for your personal everyday consumption.
3.5 Both Team Users and Authorized Users are bound by this Agreement. If you access or use the Services on behalf of a Team User, you agree to and acknowledge the binding effect of this Agreement on that Team User's behalf.
IV. Your Account
4.1 We provide the Services through a “Gizzap” account, which you may register through the Platform. You may choose a lawful combination of characters meeting Gizzap's requirements as your account name and set a password meeting security requirements. The account name and password you set enable you to log in to and use the Platform as a registered user.
4.2 You may also log in to and use the Services through an internal account assigned by the Team User associated with you or by other means we permit, including authorization through a third-party platform account. You authorize us to obtain public information registered with your third-party platform account or internal Team User account, including your name, avatar and other information you authorize, to link it to a “Gizzap” account so that you can directly log in to and use Gizzap and related services.
4.3 After a Team User obtains the Services and the right to use a “Gizzap” account by subscribing through methods and channels designated by Gizzap, Gizzap defaults the Team User account that created the team to that Team User's administrator account. The team may adjust this or add administrator accounts as needed. A team administrator account can invite Team User members to join the corresponding organizational group and use the Services for functions such as project management.
4.4 Whether you register an account yourself, authorize a third-party platform account, link an internal account assigned by a Team User, or a Team User imports Authorized User information through an administrator account, you must ensure that submitted identity and other relevant information is true, accurate, complete and current. You understand and undertake that your account name, avatar, profile and other information used for the Services, and other information provided to us, must not contain unlawful or harmful information. You must not use another person's identity without permission, including impersonating names, trade names or avatars in ways likely to cause confusion, or maliciously register “Gizzap” accounts, including frequent or bulk registration. You must comply with applicable laws and regulations when using an account and must not harm national interests, the legitimate rights of other citizens or good social morals. Gizzap may review and supervise your use of account information and externally shared content. Where such use violates laws, regulations or this Agreement, Gizzap may require correction or directly take all necessary measures, including rejecting, blocking or deleting content, or suspending or terminating your use of Gizzap. If unlawful information is discovered, Gizzap may promptly report it to the relevant competent authorities. Gizzap may review content you share and address infringing information based on relevant evidence and laws and regulations including the Civil Code of the People's Republic of China and the Regulations on the Protection of the Right of Communication through Information Networks.
4.5 You understand and agree that ownership and related rights in this Software's “Gizzap” accounts belong to Gizzap. You obtain the right to use a “Gizzap” account after your first login. Your “Gizzap” account is for your own use only. Without Gizzap's written consent, you must not give away, lend, rent out, transfer, sell, license or otherwise allow others to use it. If Gizzap discovers or has reasonable grounds to believe that the user is not the person who originally registered the account*[including, without limitation, where the same membership account, including its main account and subaccounts, displays inconsistent IP addresses when logging in on the same day, and there are more than 8 different IP addresses]*, Gizzap may suspend or terminate service to that “Gizzap” account without prior notice and may cancel it. You bear the resulting consequences and losses, including the erasure or loss of account-related data and information such as Authorized User information, Team User information and chat records, *and membership service fees will not be refunded, nor will compensation or reimbursement of any kind be paid.**
4.6 If you need data deleted and/or anonymized while using the Services, you must submit a written request to Gizzap. Gizzap will take reasonable measures to delete and/or anonymize your data from its systems and records. To ensure security, Gizzap will process your request after verifying your identity and complete the deletion and/or anonymization within 30 days.
4.7 When the service term expires, the Services end early, including but not limited to termination by mutual agreement or for other reasons, or you fall into arrears, Gizzap will automatically downgrade your account unless laws or regulations expressly provide otherwise, competent authorities require otherwise, or the parties agree otherwise. For users with no login activity for 365 days, Gizzap will delete your business data within 30 days.
4.8 You are responsible for maintaining the security and confidentiality of your personal account and password. You must take their confidentiality seriously and never disclose them to others. If you discover unauthorized use of your account or any other security vulnerability, you must notify Gizzap immediately. You should log out securely after use. If your account is stolen or your password is lost due to your improper safekeeping, other reasons attributable to you or force majeure, you bear the corresponding responsibility.
4.9 You fully understand and agree that you are responsible for all activity under your account, including any content posted through it and all resulting consequences. You must exercise your own judgment regarding content encountered while using the Services and bear all risks arising from its use, including risks from relying on its accuracy, completeness or usefulness. Gizzap cannot and will not be responsible for any loss or damage you incur from those risks.
4.10 After registering and logging in to a “Gizzap” account and completing reasonable and necessary identity verification, you may view and modify the personal identity information you submitted at any time. If you are an individual user, you may also request account cancellation and deletion of all account-related information as requested, except information that laws and regulations require to be retained. If you are a Team User's Authorized User, the account forms part of the Team User's work tools. You must have the account deleted through your organization's enterprise administrator; Gizzap has no authority to delete it. If you cancel or delete an account, we will delete all content and information in it. You are responsible for making backups before the “Gizzap” account is canceled or deleted.
4.11 After purchasing a paid version, you may choose not to accept Gizzap's products or services, request termination of the relevant Services, and negotiate a refund of part of the fees for unused Services; no service fees will be refunded if there is unreasonable use, exploitation of loopholes in the refund mechanism or other conduct affecting the normal operation of the Platform.
V. Your Access to and Use of the Services
5.1 Your access to and use of the Services must comply with this Agreement, relevant platform rules, and applicable laws, regulations and policies, including the Constitution of the People's Republic of China, the Criminal Law of the People's Republic of China, the Civil Code of the People's Republic of China, the Cybersecurity Law of the People's Republic of China, the Copyright Law of the People's Republic of China, the Regulations of the People's Republic of China on the Security Protection of Computer Information Systems, the Regulations on Computer Software Protection, the Provisions on the Governance of the Online Information Content Ecosystem, the Regulations on the Protection of the Right of Communication through Information Networks, the Administrative Measures for Internet Information Services, and the Administrative Measures for the Security Protection of International Networking of Computer Information Networks. To comply with the relevant requirements, you must not use the Gizzap Platform or Services to violate laws, regulations, policies or Gizzap platform rules, or infringe others' legitimate rights and interests, including but not limited to:
- Accepting this Agreement or accessing or using the Services without full civil capacity for rights and conduct and without meeting the requirements of the “Terms for Use by Minors” section, or without sufficient lawful authorization;
- Using the Platform for false marketing for advertising purposes or for any commercial solicitation;
- Impersonating another person or organization, or making false or improper statements about your identity or relationship with another person or organization, including creating the impression that content you upload, publish, transmit, distribute or provide originates from the Services;
- Using or attempting to use another person's account, services or systems without Gizzap's authorization, or creating a false identity on the Services;
- Using the Services in restricted or sensitive industries or fields without the consent of Gizzap and relevant parties or in violation of applicable laws and regulations, or communicating, transmitting, sharing, publishing, disseminating or disclosing state secrets or unauthorized trade secrets on the Platform;
- Using the Services in a manner that violates applicable laws or regulations, infringes others' legitimate rights, may create conflicts of interest, compromises the purpose of the Services or violates good social customs, including uploading, creating, transmitting, distributing, storing or providing information or content prohibited by laws or administrative regulations in any way while using the Services;
5.2 When accessing or using the Services, you must not engage in conduct harmful to the interests of the Services or Gizzap, including but not limited to:
- Distributing, licensing, transferring, renting out or selling all or part of the Services or any derivative works of the Services;
- Creating derivative works based on the Services;
- Integrating all or part of the Services, including any documentation, charts, files or programs, or any derivative works of the Services, into another program or product;
- Modifying, adapting, transforming, reverse engineering, disassembling or decompiling the Services, including any documentation, charts, files or programs; obtaining or attempting to obtain any source code, algorithms, methods or technology contained in the Services or their derivative works;
- Interfering or attempting to interfere with the normal operation of the Services, including using automated scripts to collect information from or interact with the Services; using the Services through third-party programs, plug-ins, extensions or other tools not developed or authorized by Gizzap, or creating, publishing or distributing those tools; restricting or preventing others from using the Services; damaging our websites or any network connected to the Services; or bypassing or defeating measures we use to prohibit or restrict access to the Services.
5.3 If you violate any of the above requirements while using the Services, Gizzap may require you to stop immediately, make corrections or take all necessary measures, including suspending or terminating your right to use Gizzap and recovering resulting losses, to mitigate the effects of the misconduct, and you must bear legal responsibility for your conduct. Forms of legal responsibility include, without limitation, handling, responding to and defending claims, cooperating in a defense at Gizzap's request, and fully and adequately compensating affected parties. If Gizzap first bears losses caused by your conduct, such as administrative penalties or compensation for infringement, including third-party claims, administrative fines, criminal fines, litigation costs, lawyers' fees and notarization fees, you must immediately reimburse Gizzap in the same amount. In addition, Gizzap may, in its independent judgment, immediately suspend, interrupt or terminate some or all Services to you without notice, including restricting login or use or banning offending accounts. Membership service fees will not be refunded, nor will compensation or reimbursement of any kind be paid.
You acknowledge and understand that, if Gizzap discovers the unlawful or non-compliant conduct described above, it has the right or obligation under applicable laws, regulations and platform rules to immediately stop the relevant Services, delete or block offending information, investigate and collect evidence as appropriate, preserve relevant records or report to the competent state authorities. System records of the Gizzap Platform may serve as evidence of a user's violation of law.
VI. Intellectual Property
6.1 You own your trademarks, patents and intellectual property in works you create. We do not claim ownership rights in that intellectual property. You agree that, for Team Users, we may use the Team User's name, trade name, trademarks and other information or marks on our websites, at events we organize or in other promotions to promote the Services.
6.2 We respect intellectual property and require you to do the same. As a prerequisite to accessing and using the Services, you agree not to infringe any intellectual property rights when using them, such as uploading or sharing another person's materials protected by copyright laws and regulations without consent. If you infringe intellectual property rights while using the Services, or a third party alleges suspected infringement, we may, at our discretion and with or without notice, delete or block the relevant content and block and/or terminate the relevant user account.
6.3 You understand and acknowledge that, unless otherwise stated in writing, Gizzap holds intellectual property rights, including copyrights, trademarks and patents, in the web pages, applications, software and other products and services it operates. These rights are protected by Chinese laws and regulations and relevant international treaties. Materials and information on the Gizzap Platform, including code, text, charts, logos, button icons, images, audio clips, digital downloads, data compilations and software, are the exclusive property of us or their content providers and are protected by applicable laws. The compilation of all content on the Gizzap Platform is our exclusive property and is protected by applicable laws. The Gizzap Platform and all its code and software belong to us, our affiliates or our software suppliers and are protected by applicable laws. Without written consent from Gizzap or the relevant rights holder, you must not, yourself or by permitting a third party, implement, use or transfer the above intellectual property for commercial or non-commercial purposes. You also undertake not to, and not to allow or assist anyone to, use, rent, lend, distribute, display, copy, modify, link, republish, compile, publish, release, scrape, monitor, quote or create related derivative works in any form, including through robots, spiders, screen-capture programs or devices.
VII. Content
7.1 Your use of Gizzap Content
7.1.1 As between you and Gizzap, ownership, intellectual property and other relevant rights in content within the Services, excluding User Content as defined below, including all related text, software, logos, patents, trademarks, service marks, copyrighted content, appearance, sounds and images (collectively, “Gizzap Content”), belong to or are licensed to Gizzap. You must use Gizzap Content in the manner permitted by this Agreement and through the feature plans specified by the Services.
7.1.2 You must not use Gizzap Content or other content originating from the Services for any purpose other than those expressly permitted by this Agreement. Without prior written consent from us or our licensors, you must not, for any purpose, use, copy, republish, transmit, broadcast, display, sell, license or otherwise use any Gizzap Content in a manner not expressly permitted by this paragraph. We and our licensors reserve all rights not expressly granted to you.
7.1.3 You acknowledge and agree that you view content provided by others on the Services, including any User Content, at your own risk. You also agree that, without express consent from the relevant rights holder, you must not, for any purpose, use, copy, republish, transmit, broadcast, display, sell, license or otherwise use such content in a manner not expressly permitted.
7.1.4 The Services may contain links to other online services or resources, which may be provided by third-party service providers. We cannot control your use of those third-party services or resources. Unless otherwise provided in this Agreement, your use of them is governed by the agreement between you and the relevant third party, and we assume no responsibility for your use. The existence of such links does not mean that we endorse the lawfulness or security of those third-party services or resources.
7.2 Your User Content
7.2.1 Users may be permitted to upload, publish, submit or send messages, documents, calendar information or any content to or through the Services (“User Content”). Users may also overlay or add charts, labels and other materials provided by Gizzap to User Content (“Gizzap Elements”) and distribute User Content through the Services. Unless expressly required by laws and regulations, we do not review User Content, including User Content containing Gizzap Elements. Gizzap takes no position on any User Content submitted to or sent through the Services by a user or other licensor, or on any opinions, recommendations or advice expressed in it.
7.2.2 If you upload, transmit or provide your User Content to or through the Services, we will use, copy, download or display it as necessary to operate features of the Services, improve the Services, or for other purposes to which you agree and that are consistent with applicable law, this Agreement and the Gizzap Privacy Policy. We will not use your User Content beyond those purposes and that scope. If you share your User Content with other users of the Services, you agree to grant those users unrestricted rights to use it, including related intellectual property rights and interests.
7.2.3 We do not claim ownership rights in your User Content. Please note that, if you use the Services as a Team User's Authorized User, we provide that Team User with various options to control, restrict and manage how your User Content is used. For example, a Team User can enable or disable Authorized Users' access to the Services, enable or disable third-party integrations, and manage permissions, retention and external-sharing settings. A Team User's choices and decisions may result in some or all of your User Content being accessed, used, disclosed, modified, restricted or deleted. If you represent a Team User, you confirm that the Team User will fully explain these circumstances to its Authorized Users in advance and obtain their express consent.
7.2.4 The Services are not a storage service. We cannot and will not provide backups of your User Content or any other content that other users upload, transmit or provide to or through the Services. Please note that, even after User Content is deleted from the Services, other users may independently continue using it and permitting others to use it; for example, a user may have saved a copy of your User Content in their own account.
7.2.5 When uploading, transmitting or providing User Content through the Services, you must comply with the requirements in the “Your Access to and Use of the Services” section above. You warrant that all User Content you upload, transmit or provide through the Services complies with those requirements and does not violate any applicable laws, regulations or other relevant provisions. You are fully responsible for your User Content and the consequences of posting, submitting or sending it on or to the Services. If we consider that your User Content does not comply with this Agreement, we may delete it without prior notice, including messages or posts you publish on the Platform.
7.2.6 We assume no responsibility for content submitted by users and published by authorized third parties.
7.2.7 By uploading, transmitting or submitting User Content through the Services, you confirm that you own the proprietary rights in it or have obtained permission or authorization from its owner to upload, transmit or submit it through the Services. If we discover infringing material in User Content or a third party alleges that User Content infringes rights, we may take reasonable measures such as deletion or blocking. In those circumstances, we have no obligation to determine whether the User Content actually infringes rights. Under Gizzap's policies, in appropriate circumstances and at its sole discretion, Gizzap will disable or terminate “Gizzap” accounts that infringe others' legitimate rights and interests.
7.2.8 You acknowledge that we have no obligation to pre-screen, monitor, review or edit content, including User Content, that you or other users write or publish on the Platform. You further understand and acknowledge that you may encounter offensive, indecent or otherwise objectionable content, including User Content, while using the Services. You may contact us to report such content, and you agree to waive any legal assistance you have or may have against Gizzap in this regard.
VIII. Protection of Users' Personal Information
8.1 Gizzap works with you to protect your personal information, meaning information that identifies a user either independently or in combination with other information. Protecting users' personal information is one of Gizzap's fundamental principles. When accessing and using the Software and Services, you may need to provide personal information, including your name, phone number, email address and device information, so that Gizzap can provide technical support and services. To serve you better, we may also share your information with affiliates involved in our Services. We undertake that this sharing is solely for the purpose of providing the Services to you better and will not go beyond that scope.
8.2 For more information about protecting users' personal information, please see the Gizzap Privacy Policy.
IX. Breach and Compensation
9.1 If you breach this Agreement and/or other terms you must comply with, we may, in our independent judgment and as circumstances warrant, take reasonable measures without prior notice. These include restricting, suspending or terminating your use of some or all features of the Services and blocking or deleting User Content you upload, transmit or provide. You bear the resulting consequences and losses.
9.2 If your breach of this Agreement and/or other applicable terms gives rise to third-party complaints, litigation or claims, you must handle them yourself and bear full legal responsibility.
9.3 If you breach this Agreement and/or other applicable terms while using the Services, to the extent permitted by applicable law, you agree to fully compensate Gizzap, its owners, operators, affiliates, licensors, licensees and other parties whose rights or interests are harmed, in accordance with this Agreement and relevant laws and regulations. Compensation includes, without limitation, compensation paid to third parties by Gizzap and related parties, fines imposed by state authorities and other losses resulting from your conduct.
X. Limitations of Liability
10.1 We will not use this Agreement to exclude or limit obligations or liabilities that laws and regulations prohibit us from excluding or limiting.
10.2 Subject to the preceding provision, we assume no liability to you for:
- Any loss of business profits you suffer, whether direct or indirect;
- Any loss of goodwill you suffer;
- Any loss of opportunity you suffer;
- Any loss of data you suffer;
- Any indirect or incidental loss you may incur, or any loss or damage you incur due to:
- Your reliance on the completeness, accuracy or existence of any advertising, or any relationship or transaction established or entered into with an advertiser or sponsor advertising on the Services;
- Any change or adjustment we make to the Services under this Agreement, or temporary suspension of the Services or any feature within them;
- Your failure to provide accurate personal or account information, or to secure and maintain the confidentiality of your password or account details.
10.3 We will do our best to keep the Services secure and stable, but you understand that Gizzap cannot always foresee and prevent all technical and other risks, including force majeure, viruses, Trojan horses, hackers, system instability, telecommunications outages, third-party service defects, third-party websites and other causes of service interruption, inability to use the Services normally or similar circumstances. You must configure your own computer equipment, network settings and programs to access and use the Services. You should configure antivirus software on your devices.
10.4 Where we are liable for damages under law or by agreement, our liability for damages is limited to the amount paid to Gizzap by you or your corresponding Team User in the preceding 12 months.
10.5 These limitations apply even if you have previously notified us, or we should otherwise have been aware, of the possibility of such loss.
10.6 If content or other communications data you store, transmit, provide, publish or distribute through the Services is deleted, not stored, corrupted or destroyed for reasons attributable to us, we will make every effort to remedy the situation. You understand and agree that, if losses nevertheless occur despite our fulfillment of reasonable obligations, the above limitations also apply to our liability for those losses.
10.7 Gizzap makes no warranties regarding products or services, whether express or implied, including warranties regarding the truthfulness, appropriateness, validity, accuracy, reliability, fitness for a particular purpose, absence of errors or omissions, non-infringement or performance of any information on the Gizzap Platform. Gizzap does not warrant that any products, services or other materials it provides will meet users' expectations and assumes no liability for any resulting direct, indirect, incidental, special or consequential damages.
10.8 You acknowledge and understand that Gizzap also makes no commitments or warranties about the validity, accuracy, correctness, reliability, stability, completeness or timeliness of technical or third-party information involved in the Gizzap Platform. All information, news, content and services provided by Gizzap originate from the internet and do not represent Gizzap's views. Gizzap is not responsible for their truthfulness or legality and assumes no legal liability. You should carefully assess and determine the truthfulness, legality and validity of relevant information.
10.9 Users download or obtain materials through the Gizzap Services at their own risk and are fully responsible for any resulting damage to their computer systems or loss of data.
XI. Other Provisions
11.1 Entire agreement. This Agreement, other applicable terms referred to in it, and other applicable terms we notify you of in the future by reasonable means together constitute the entire legal agreement between you and Gizzap, governing the service relationship between you and us. When changes, updates or supplements to these terms take effect, the versions they replace automatically cease to be effective.
11.2 Terms for Use by Minors. The Services are not directed at children under 14. If you are a minor under 18, you may access and use the Services only after carefully reading this Agreement under your guardian's supervision and guidance and obtaining their consent. We attach importance to protecting minors' personal information. When entering personal information, minor users should strengthen their awareness of self-protection, proceed cautiously and access and use the Services correctly under a guardian's guidance.
11.2.1 Minor users understand that, if they violate laws, regulations or this Agreement, they and their guardians must bear all resulting legal liability in accordance with law.
11.2.2 Special notice to minor users: Young people should learn to use the internet correctly and within reasonable limits under their guardians' supervision and guidance, develop good online habits and avoid becoming immersed in virtual cyberspace. Young users must comply with the National Youth Internet Civilization Convention.
11.2.3 To better protect minors' privacy rights, we remind you to exercise caution when publishing materials involving minors. Publishing such materials constitutes your consent to the Software and Services displaying the minor's information, image, voice and other content and permits the company to use and process that minor-related content under this Agreement.
11.3 No waiver and severability. Our temporary failure to assert or enforce any provision of this Agreement is not a waiver of that provision or of our rights. If any provision is held or determined to be invalid, it is deemed removed from this Agreement without affecting the validity of the remaining provisions.
11.4 Assignment. You must not assign any rights or obligations under this Agreement to a third party without our prior written consent. For the operation of the Services, we may assign this Agreement, and other terms applicable to you, in their entirety to one of our affiliates. We will also assign this Agreement and other applicable terms to a third party in a merger, acquisition, corporate restructuring or sale of all or substantially all of our assets. You acknowledge that we do not need your consent in those circumstances, but will notify you by reasonable means.
11.5 Dispute resolution and applicable law. The interpretation and application of this Agreement, and resolution of disputes arising from it, are governed by the laws of mainland China. This Agreement is entered into in Nansha District, Guangzhou. Disputes arising from this Agreement are subject to the jurisdiction of the Arbitration Commission and the People's Court of Nansha District, Guangzhou, where the contract is entered into.
11.6 If you have any questions, please contact our official service mailbox: official@gizzap.com.
