Terms of Service
Last Updated: December 15, 2024
1. Introduction
Welcome to Beijing Maoying Technology Co., Ltd. These Terms of Service ("Terms") govern your access to and use of our website at bjmaoying.com (the "Website") and our mobile applications published on Google Play and App Store (the "Apps").
By accessing or using our Website or Apps, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Website or Apps.
These Terms constitute a legally binding agreement between you and Beijing Maoying Technology Co., Ltd. ("we," "us," or "our"). Please read these Terms carefully before using our services.
2. Definitions
For the purposes of these Terms:
- "Content" means all information, data, text, software, music, audio, photographs, graphics, video, messages, tags, or other materials.
- "User" means any person who accesses or uses the Website or Apps.
- "Services" means all products, services, content, features, technologies, or functions offered by us.
- "User Content" means all Content that a User submits, transfers, or displays on or through the Website or Apps.
3. Acceptance of Terms
By accessing or using our Website or Apps, you acknowledge that you:
- Have read and understood these Terms
- Agree to be bound by these Terms
- Are at least 13 years of age (or the minimum age required in your jurisdiction)
- Have the legal capacity to enter into a binding agreement
If you are using the Website or Apps on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
4. Mobile Application Terms
4.1 App Store and Google Play Requirements
Our Apps are distributed through the Apple App Store and Google Play Store. Your use of our Apps is subject to additional terms:
4.2 Apple App Store Terms
To the extent permitted by law, you acknowledge and agree that:
- These Terms are between you and Beijing Maoying Technology, not with Apple
- Apple has no obligation to provide maintenance or support services
- Apple is not responsible for product warranties
- Any claims related to the App must be directed to us, not Apple
- Apple has no responsibility for addressing any claims
4.3 Google Play Terms
To the extent permitted by law, you acknowledge and agree that:
- Google Play's terms of service may also apply to your use of our Apps
- Google is not liable for any claims arising from our Apps
- Our Apps comply with Google Play Developer Distribution Agreement
4.4 License to Use Apps
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the App on your personal devices
- Use the App for your personal, non-commercial purposes
You may not:
- Copy, modify, or create derivative works of the App
- Reverse engineer, disassemble, or decompile the App
- Remove or alter any proprietary notices on the App
- Use the App for any illegal or unauthorized purpose
- Distribute or sublicense the App
5. User Accounts
5.1 Account Registration
Some features of our Website or Apps may require you to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
5.2 Account Security
You are responsible for all activities that occur under your account. You agree to:
- Not share your login credentials with others
- Log out after each session
- Report any security breaches immediately
5.3 Account Termination
We reserve the right to suspend or terminate accounts that:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Pose a security risk to our services
6. User Obligations
When using our Website or Apps, you agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Submit false, misleading, or deceptive Content
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to our systems
- Interfere with the normal operation of the Website or Apps
- Use automated systems to access the Website or Apps without permission
- Collect user information without consent
- Impersonate any person or entity
- Harass, abuse, or harm other users
- Promote illegal activities or hate speech
- Submit Content that infringes intellectual property rights
7. Advertising and Third-Party Content
7.1 Advertisements in Our Apps
Our mobile applications may display advertisements from third-party advertising networks and platforms. You acknowledge and agree that:
- Advertisements are displayed to support our services
- We may partner with multiple advertising platforms including Google AdMob, Facebook Audience Network, Unity Ads, AppLovin, IronSource, and others
- Advertisement content is provided by third parties and we do not endorse or guarantee such content
- Clicking on advertisements may direct you to third-party websites or applications
7.2 AdMob and Google Advertising
Our apps may use Google AdMob for advertising purposes. In connection with Google advertising services:
- Google may collect and use data as described in their privacy policy
- Ads may be personalized based on your interests and device information
- You can opt out of personalized advertising through device settings
- We are not responsible for the practices of Google's advertising services
7.3 Third-Party Links and Content
Our Website or Apps may contain links to third-party websites or content. We are not responsible for:
- The content, accuracy, or opinions expressed on third-party sites
- The privacy practices of third-party websites
- Products or services offered by third parties
7.4 Ad Blocking Software
Using ad-blocking software or disabling advertisements may affect the functionality of our Apps and may violate these Terms. Some features may not be available if advertisements are blocked.
8. Intellectual Property Rights
8.1 Our Intellectual Property
All Content, features, and functionality of the Website and Apps, including but not limited to:
- Text, graphics, logos, and icons
- Software, code, and algorithms
- Product names, trademarks, and service marks
- Designs, layouts, and user interfaces
are owned by Beijing Maoying Technology Co., Ltd. and are protected by intellectual property laws.
8.2 Restrictions
You may not:
- Use our trademarks, logos, or branding without permission
- Copy, reproduce, distribute, or create derivative works
- Remove or alter copyright or trademark notices
- Use automated tools to extract data from our services
8.3 User Content License
By submitting User Content, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute your Content in connection with providing our services.
8.4 Copyright Infringement
We respect the intellectual property rights of others. If you believe your copyright has been infringed, please contact us at: copyright@bjmaoying.com
9. Content Standards
When using our services and submitting Content, you must comply with the following standards:
- Content must be accurate and not misleading
- Content must not contain defamatory, obscene, or offensive material
- Content must not infringe on the rights of others
- Content must not contain spam, advertising, or promotional material without permission
- Content must not contain personally identifiable information of others without consent
We reserve the right to remove any Content that violates these standards or these Terms.
10. Privacy and Data Protection
Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our Website or Apps, you consent to the collection and use of your information as described in our Privacy Policy.
10.1 Data Processing
We process personal data in accordance with:
- General Data Protection Regulation (GDPR) for EU users
- California Consumer Privacy Act (CCPA) for California residents
- Other applicable data protection laws
10.2 Children's Privacy
Our services are not directed to children under 13 (or 16 in the EU). We do not knowingly collect personal information from children. If we discover we have collected information from a child, we will delete it promptly.
11. Service Availability and Modifications
11.1 Availability
We strive to provide uninterrupted access to our services, but we cannot guarantee:
- Continuous availability of the Website or Apps
- Error-free operation
- Uninterrupted or secure network connections
11.2 Modifications to Services
We reserve the right to:
- Modify, suspend, or discontinue any part of our services
- Update the Website or Apps periodically
- Change features, functionality, or pricing
- Impose limits on certain features
11.3 Scheduled Maintenance
We may perform scheduled or emergency maintenance that may temporarily affect service availability. We will provide notice when feasible.
12. Payment and Billing
12.1 In-App Purchases
Some features or content may require payment. When making in-app purchases:
- All purchases are final and non-refundable unless required by law
- Payments are processed through the App Store or Google Play
- You are responsible for maintaining valid payment information
12.2 Subscription Terms
If you subscribe to our services:
- Subscriptions automatically renew unless cancelled
- You can cancel subscriptions through your account settings
- Subscription fees will be charged to your payment method
12.3 Refunds
Refund policies are governed by the App Store and Google Play. Please refer to their refund policies for information about getting refunds.
13. Limitation of Liability
13.1 Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING:
- WARRANTIES OF MERCHANTABILITY
- WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
13.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEIJING MAOYING TECHNOLOGY SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR USE
- COST OF PROCUREMENT OF SUBSTITUTE SERVICES
- ANY DAMAGES RESULTING FROM USE OF THE SERVICES
13.3 Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE CLAIM.
13.4 Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability will be limited to the fullest extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Beijing Maoying Technology and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your violation of these Terms
- Your misuse of the Website or Apps
- Your violation of any third-party rights
- Your unlawful or unauthorized actions
15. Termination
15.1 Termination by You
You may stop using our services at any time. To delete your account, contact us at support@bjmaoying.com.
15.2 Termination by Us
We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these Terms.
15.3 Effect of Termination
Upon termination:
- Your right to use the services ceases immediately
- We may delete your account and associated data
- Provisions that should survive termination will remain in effect
16. Governing Law and Disputes
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of:
- The People's Republic of China
- Without regard to its conflict of law provisions
16.2 Dispute Resolution
For any dispute arising from these Terms:
- Parties shall first attempt to resolve the dispute through good-faith negotiation
- If negotiation fails, disputes shall be submitted to binding arbitration
- Arbitration shall be conducted in Beijing, China
- Arbitration shall be conducted in English
16.3 Exception for Injunctive Relief
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction.
16.4 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
17. Changes to These Terms
We may update these Terms from time to time. Changes will be effective:
- Upon posting the revised Terms on the Website
- Upon update notification in the Apps
- For material changes, with 30 days' notice when feasible
Your continued use of the Website or Apps after changes become effective constitutes acceptance of the new Terms.
18. International Use
18.1 Cross-Border Data Transfers
Our services may be accessed globally. If you access our services from regions with different laws:
- You are responsible for compliance with local laws
- Data may be transferred to countries with different data protection standards
18.2 Export Controls
You agree to comply with all applicable export control laws and regulations.
18.3 Local Regulations
We do not represent that our services comply with the laws of any specific jurisdiction. Users are responsible for understanding applicable regulations.
19. General Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and us.
19.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.
19.3 No Waiver
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
19.4 Assignment
We may assign these Terms or our rights without your consent. You may not assign these Terms without our prior written consent.
19.5 Headings
Headings are for convenience only and shall not affect the interpretation of these Terms.
19.6 Notices
Notices shall be sent to:
Beijing Maoying Technology Co., Ltd.
No. 536, Huaisha Road, Bohai Town
Huairou District, Beijing, China
Email: support@bjmaoying.com
20. Contact Information
If you have any questions about these Terms of Service, please contact us:
Beijing Maoying Technology Co., Ltd.
No. 536, Huaisha Road, Bohai Town
Huairou District, Beijing, China
General Inquiries: support@bjmaoying.com
Business Development: caoli@bjmaoying.com
Legal Matters: legal@bjmaoying.com