User Registration Agreement
1. Definition of Key Concepts
1.1 The terms, terms of services: AIS Terms of Services
1.2 Services: the services provided by AIS through our website, mobile app, etc.
1.3 AIS: the combination of our website (www.ais.cn), and mobile apps such as our WeChat Mini Program, and Official Account.
1.4 Al Scholar Academy: Al Scholar Academy (website: v.ais.cn) refers to our online intellectual product trading mall. The Academy aims to help institutions and lecturers to distribute their courses. Distribution channels include all the sub-catalogs of Al Scholar Academy, a variety of resources niches, push, WeChat content promotion, and membership system, etc.
1.5 We: Guangzhou KEO Information Technology Co, Ltd.
1.6 Organization: Any legal entity that uses the services provided by AIS.
1.7 You or Client: Individuals or organization that use the services provided by AIS.
1.8 End user: individual whom you authorize to use our services, such as the system administrator, manager, conference organizer and user, etc.
1.9 Lecturer: any lecturer with full capacity for civil conduct, no matter he/she is independent or belongs to a certain institution, who has signed up for our services like AIS Live Room.
1.10 Management console: the console we provide for our clients and allow them to manage their accounts, end users' accounts and maintain the functions of the system.
2. Contracting Subjects
2.1 These terms of services are co-signed by you and AIS, and remain applicable when you use our services through our website, mobile apps or in other means.
2.2 You are supposed to be a natural person, legal person or an organization with full capacity for civil rights and civil conduct consistent with the civil act you are engaged in. If you don't have the aforementioned subject qualifications, please refrain from using our services. Otherwise you and your guardians shall bear all the consequences arising from your lack of subject qualifications, and we have the right to revoke (permanently freeze) your account and claim compensation from you and your guardian.
2.3 In case you register on behalf of an organization or other legal entity, or you use our services in other allowable ways, you declare and guarantee that you have the right to render the organization or legal entity bound by these Terms of Service.
3. Entry into Effect
3.1 Once you have filled in the information as required on the registration/activation page, read and agreed to these Terms of Services and finished the entire registration/activation process, or you use our services in any allowable ways, we take it as you have fully read, understood and accepted all our terms of service, or as the representative of the client, you have read, fully understood and accepted all our terms of services, and you guarantee you have been authorized to accept all these terms of service, and these terms of service become legally binding. If you are not equipped with the statutory power over that specific client, please don't accept these terms of service. You promise to accept and abide by these terms of service, and will not claim them invalid or request for cancellation on the ground that you have never read these terms or failed to receive our reply to your inquiry.
4. Rights and Obligations
4.1 In time of your registration, you must submit the authentic, accurate and complete identity information of yourself or the organization you represent, and other information that can fully reflect your current situation. We will assign you with an account. You understand and agree that there won't be any illegal or harmful information containing in your registered account name, icon, profile, etc; you must not impersonate or register on behalf of other individuals or organizations you don't work for; you must not register an account that might cause misrecognition; you must not choose a user name that may infringe the rights of others (including but not limited to suspected infringement of trademark rights and the right to reputation). Otherwise we have the right to revoke your registration or terminate our services and recall the account. Any loss arises therefrom shall be borne by yourself.
4.2 After you successfully register on our platform, we will confirm your identity based on your username and password. You should properly keep your own user name and password, and take full responsibility for any activities carried out under such user name and password (including but not limited to consent to various agreements, purchase our services, share information or pictures, send email or message, participate in the teaching and learning activities. You promise an immediate notice will be sent to us in case there is any unauthoized use of your username and password, or any other security problems arise thereform. You agree and confirm that AIS is not liable for any loss or damage, no matter directly or indirectly, caused by the above-mentioned circumstances. Without our consent, your username, password, data, and account-related copyright will not be transferred, gifted or inherited in any ways.
4.3 You understand and agree that if you haven't logged into our platform for over 3 consecutive months after registration, we have the right to reclaim the account for the purpose of system optimization, and the problems arise and responsibility shall be borne by yourself.
4.4 After we recall or cancel the account in accordance with these terms of service, we will dispose of the account-related contents and information in ways including but not limited to deletion. If the client doesn't respond within 30 days after we send out the warning email, we have the right to dispose of the account-related contents and information in ways including but not limited to deletion, and we will not be held accountable for doing so. In the event of an administrator account, we have to right to cancel and delete that account and all end user accounts affiliated to that organization, in ways including but not limited to suspending our services to that organization, canceling the rights and interests enjoyed by all end users affiliated to that organization, deleting all the data in the administrator account, and delete all the information of end users affiliated to that organization.
4.5 If you register on behalf of an organization or legal entity, you agree that access to AIS will be granted to the end-users and the data, texts, images, graphics, audios, videos, messages and other materials (hereinafter referred to as "contents") will be allowed to be stored on AIS Platform in various forms and technical structures. You also agree that end users will be allowed to copy, transfer or export content from AIS, and though the access to the Platform might be suspended or terminated, it will not affect the contents end users copy or transfer from AIS in any way.
4.8 You are responsible for preventing any unauthorized use of your AIS account, and terminating such uses upon notice. Immediate notifcation should be sent to us the moment you notice any unauthorized use or access to AIS services.
4.9 The audio/video course you upload to our platform, as well as all the information, speech, etc you publish on AIS must not be involved in the issues of politics, guns, drugs, violence, pornography, or contain any content that may violate Chinese laws, regulations and normative provisions, including but not limited to contents endangering national security, contents of obscenity, falsehood, defamation, intimidation and harassment of others, infringement of intellectual property rights, trade secrets or other legal rights and interests as well as contents that may violate public orders and moral behaviors, or in any means that point to the above-mentioned results. In case you are a member of public officers in the People's Republic of China, such as member of military personnel, police and civil servants whose positions require that they must comply with relevant regulations and rules of relevant departments and China, AIS has the right to deny your access to the products and services provided on our Platform in accordance with those regulations and rules.
4.10 You promise to act with integrity and good faith, refrain from disturbing the order of the Platform, never publish any commercial advertisements unrelated to your uploaded or live streaming courses without our consent, and never engage in activities unrelated to online audio and video course.
4.11 In times of setting up courses in AI Scholar Academy, you should fill in the details of information like course introduction, or at least 10 minutes prior to the live broadcast, fill in the contents of the preview, including the course subject, cover and outline etc. The contents you fill in must conform to AlS' Regulations on Content Operation, and your wording must conform to the Advertisement Law of the People's Republic of China. If your preview is deemed "problematic" by AIS review team, the Platform will suspend your live broadcast. If the content of your uploaded or live broadcast course does not match the information you have filled regarding course introduction, or violate our Lecturer's Code of Conduct in AIS Course, AIS has the right to suspend your live broadcast or delete the content you have uploaded or live broadcasted.
4.12 In times of setting up courses in AI Scholar Academy, you should disclose the course-related information in a comprehensive, authentic, accurate and timely manner to ensure your students have been fully informed before they choose. We forbid false or misleading commercial promotion in the form of fictitious transactions or fabricating user reviews, etc. that may deceive and mislead consumers. Consistency shall be maintained between the content and subject of your course, between the subject, title, introduction, promotion contents of the topic/serial courses, as well as between the contents of the live broadcast and the field labels you have selected. Otherwise, AIS has the right to right down your live room after verification. Regarding first-time discovery, AIS will freeze the live broadcast room for 3 days and in this period no topic or serial course can be set up in this room; regarding multiple times violation ( times or more), the right to use the live room will be stripped off permanently.
4.13 In the time of setting up courses in AI Scholar Academy, you should follow the principle of good faith and integrity, and begin the course at the agreed time. In the event of special circumstances, please issue an course delay statement at least two hours in advance in channels that your audience have access to. Otherwise, AIS will send you a notification indicating the course will start on time before freezing the withdrawal channel of the live room. In terms of paid course, if no topic/serial course is normally created for seven consecutive days, AIS will issue a full refund on the system to users who have purchased relevant courses after verification, and all refunds shall be shouldered by you. If this action happens multiple times ( times or more), AIS will record the live room and its owner on the blacklist and permanently deprive the owner's right to use the live room.
4.14 Without AIS' written consent, you shall not mention any information of our third-party competitive platforms in any form (including but not limited to text, audio, video, picture, etc.) on any occasion, and shall not guide the existing AIS users, anchors or employees to enter other third-party competitive platforms or provides them with any services, information or convenience.
4.15 AIS only provide platform services. Any disputes arising from the contract you signed with a studio, agent or other third-party organization have nothing to do with AIS and AIS shall not bear any responsibility.
4.16 The contents you live broadcast or upload on AIS should conform to AIS Regulations on Content Operation, which means the contents you create, copy, publish or disseminate should follow relevant laws, regulations and normative documents such as the Constitution of the People's Republic of China, Copyright Law of the People's Republic of China, Measures for the Administration of Internet Information Services, Administrative Provisions on Internet Live-streaming Services, Interim Provisions on the Administration of Internet Culture, Measures for the Administration of Cyber Performance Business Operations, etc., and the “Nine Prohibitions” and “Seven Bottom Lines”.
4.17 The live broadcast you provide on AIS shall comply with the Lecturer's Code of Conduct, which means you should abide by the following codes of conduct when you are live broadcasting on the Platform:
① Female lecturers cannot wear translucent garment, bikini or clothes similar to underwear, or even no underwear. No underwear or safety pants shall be exposed;
② Female lecturers shall not expose over two third of their upper back;
③ The bottoms of female lecturers shall be worn above the pelvis. Low-waist bottoms must not be worn lower than 2 cm below the umbilicus, which means no hip and pelvis shall be exposed, and the hem of short shirts or shorts must not be worne higher than the inferior gluteal line. Male lecturers must have their top on and must not dress in underwear or leggings only, and the waistband must not be lower than the hip bone;
④ Female lecturers shall not expose over one third of their breast, and the upper end of their top must not be worne lower than one third of their breast;
⑤ The lecturers shall not be filmed from top to bottom to expose sensitive body parts like breast, and from bottom to top to expose sensitive body parts like legs and buttocks;
⑥ The camera shall not be long focused on sensitive body parts such as legs or feet;
⑦ Provocative or arousing performances are forbidden, including but not limited to striptease; For some special dances (pole dance, belly dance), please contact our customer service first. It requries some professional skills to teach such kind of dances;
⑧ Lecturers must not make sexual suggestive gestures like caresses, dragging, licking and slapping, or use tools to draw the audience's attention to sexually sensitive parts, nor can they use sensitive body parts to play games, including but not limited to: guessing the color of the underwear, cutting stockings, taking off/putting on stockings, tearing off/cutting clothes, etc;
⑨ Lecturers are must not make gestures that may cause wardrobe mulfunction, including but not limited to stooping, raising or spreading legs, splitting, bending back, handstanding, over-frequently switching sitting posture, etc;
⑩ Lecturers must not attract the audience's attention with seductive or arousing voice or languages, including but not limited to imitating animal's cry in oestrus, explictly or implicitly using of sexually suggestive words;
4.18 It is strictly forbidden to violate the privacy of others, such as disclosing their identity information like real name, ID number, phone number, and home address (except for the information that has been disclosed or authorized to disclose by the user, and information that might violate public interests); disclosing other information such as those other people feel reluctant to disclose and deemed harmless to the society like genetic information, relationship history, sexual orientation, medical records, physical examination data, physical or mental defects, criminal records, property status, credit cards, electronic consumer cards, internet Sim card, internet accounts and passwords, transaction accounts and passwords, accounts and passwords used for online shopping, IP addresses, traces of webpage browsing, daily activities, private life shots and social relations, etc. (except those that are available through legal and public channels or those involving public interests).
4.19 Personal attrack is strictly forbidden, including personal attacks in the form of insults, slander, etc., or publishing personal attack-involving content through information carriers such as icons, nicknames, course subjects, course covers, live broadcast outlines, comments or course contents.
4.20 Act of guiding public opinion to attack others is strictly forbidden, such as malicious slander or deframe others, forwarding false reports that may cause harm to others, discussing or arousing others to spread negative information and stir up online abuse, etc.
4.21 Lecturers are strictly forbidden to use violent tools like guns (replica guns included), knives, gambling tools, sex toys and underwear and other vulgar objects as performance tools;
4.22 During the live broadcast, it is strictly forbidden to deliberately film in uniforms of government departments, including but not limited to police uniform, military uniform, and urban management officer’s uniform, etc. If you were to perform live broadcast with content related to these government department, you must first obtain permission of that specific department before contact our customer services. In terms of filming in religious clothing, please contact our customer services first;
4.23 Live broadcast with contents related to special industries, or industries requiring highly professional knowledge (such as medicine or law, etc), please contact our customer services first;
4.24 It is strictly forbidden to broadcast or disseminate contents related to illegal activities such as gambling, drugs or pornography;
4.25 It is strictly forbidden to live broadcast any illegal activities, including but not limited to displaying controlled knives or firearms, hunting or killing endangered animals, etc. (In case you have legal documents, please contact our customer services first; we will assign a supervisor to monitor the live broadcast);
4.26 It is strictly forbidden to live broadcast bloody or violent contents that might cause the audience to feel discomfort (including but not limited to: torturing animals in any means and the blooding scenes in cooking video);
4.27 It is strictly forbidden to live broadcast life-threatening activities without any protective measures. Early notification and consent on our part is necessary for broadcasting such life-risking outdoor activities that require professional guidance.
4.28 Live streaming contents on other platform must not be uploaded to AIS;
4.29 It is strictly forbidden to advertise other live broadcast platforms and encourage users to view any contents on other platforms;
4.30 It is strictly forbidden to live broadcast non-copyrighted content;
4.31 Any infringement in the privacy of others is strictly prohibited;
4.32 It is strictly forbidden to harass or disturb the normal life of the surrounding residents during the live broadcast;
4.33 It is strictly forbidden to perform live broadcast that contains vulgar content;
4.34 If you were to live broadcast an interview or filming activities, the lecturer shall inform the participants of the live broadcast in advance, and if the interviewee or filming subject refuse to do so, the live broadcast shall be stopped immediately;
4.35 It is strictly forbidden to live broadcast drug-related activities such as water pipe smoking and subcutaneous injection;
4.36 It is strictly forbidden to live broadcast politics-related contents such as petition and parade;
4.37 It is strictly forbidden for lecturers to live broadcast activities performed in night entertainment venues, such as dancing in nightclubs or bars; the lecturer must not utter words of profanity, spread negative information or live broadcast contents that are against humanity.
4.38 It is strictly forbidden to live broadcast illegal actions that might undermine public order and moral customs.
4.39 Firearm display must be accompanied by a professional security guard and under strict safety measure;
4.40 If you were to Live broadcast antique authentication, please contact our customer services first; professionalism and certification are needed to broadcast such content;
4.41 You must not live broadcast shooting, hunting or other similar activities without certification and the permission of related government departments and the venue's owner.
4.42 You must not capture, consume or sell wild animals or plants protected by the laws and regulations of both China and the local area. If the live broadcast were to display the artificial breeding of wild animals and plants, please contact our customer services first and submit relevant materials;
4.43 It is forbidden to broadcast non-copyright content, including but not limited to movies, dramas, anime, games, sports events, concerts, etc.
4.44 It is strictly forbidden to live broadcast meaningless content, including but not limited to filming without the lecturer's presence, lecturer's unconscious behavior such as sleeping and verbal abuse that may cause bad influence, etc.
You will not and ensure your end users or the third parties will not:
(a) Sell or lease out the access of your AIS account;
(b) Attempt to do reverse engineering on AIS or other compenents used in the platform;
(c) Use AIS services in manners that may cause death, personal injury, or environmental damage, or in situations that might cause such consequences;
(d) Create or develop any alternative service project by using or visiting AIS;
(e) Transmit materials containing software viruses or other computer codes, files and programs that may interrupt, disrupt or restrict the functions of any computer software, hardware or communication equipment via uploading, posting, email or any other approaches;
(f) Interrupt or disrupt the delivery of AIS services or the servers and networks connected to our services, or violate any rules, procedures, policies or norms that concerns the networks connected to our services;
(g) Add, delete, change the functions or performance of the software by modifying or forging its instruction or data in operation; operate or disseminate the software and methods used for the above purposes, whether it is for commercial use or not;
(h) Log in or use our software or services through third-party software, plug-ins and systems that are not developed or authorized by us, or create, publish, or disseminate the above-mentioned tools;
(i) Interrupt this software, its components, modules and data, etc. personally or by authorizing others using third-party software;
(j) Use our website, mobile software and other services we provide to publish or disseminate inappropriate speech and information that might violate the Chinese laws. For the safety of your account, please keep your account information and password properly. You are responsible for any and all activities that occur under your AIS account.
7. Income and Settlements
7.1 According to Apple's policy, the company will charge 32% fee for payment initiated by users on iOS platform (including the payment for courses, rewards, answers to private questions and gifts, etc.) The fee will be collected and automatically deducted by Apple. The actual charge will be subject to Apple's policy and has nothing to do with AIS.
7.2 According to Wechat's payment rules, the company will charge 0.6%-2% fee for payment initiated by users on Wechat (including payment for courses, rewards, answers to private questions and gifts, etc.) The fee will be collected and automatically deducted by WeChat. The actual charge will be subject to Wechat's policy and has nothing to do with AIS. Conference income will be collected through the AIS Platform, and with each user's withdrawal, a 2.5% of the withdrawal amount will be charged as a channel fee (withdrawal from third-party payment channels such as Alipay and Wechat are available, but we don't support Paypal).
7.3 The income you obtain by using AIS-related products and services will be temporarily collected by the Platform and displayed at the background of your live room, where you can check your live broadcast income and apply for a withdrawal; once you initiate an application, AIS will transfer the amount you have applied to your bound WeChat wallet. Please make sure that your bound Wechat is owned by you alone and your Wechat account has been bound with a bank card and has access to the payment function.
7.4 You guarantee that the Wechat account bound to your AIS account, and the bank card bound to your Wechat is correct, authentic and valid. They should be consistent with the information you provided when applying for real-name authentication. You are solely responsible for any payment errors or failure to collect payments made by AIS due to incorrect or inconsistent account information.
7.5 When you are live broadcasting courses on AIS, the users of our platform can consume and send virtual gifts to you. You can apply for settlement of corresponding income (if any) according to our settlement requirements and rules. Based on the number of virtual gifts you receive, we will use a certain ratio to exchange and settle the actual amount you can get as the live broadcast income. For virtual gifts obtained by abnormal means, AIS has the right to make independent judgment and dispose with those virtual gifts, including freezing and confiscating them.
7.6 In addition to the above terms, you should also abide by the Withdrawal Agreement and other rules on the Platform.
7.7 You should abide by the accounting period guarantee rules. The transaction payment will be kept in your AIS account within 7 days after the course transaction ends. In the event of a consumer claim during the accounting period, AIS has the right to decide whether to use it as a compensation based on the final judgment.
7.8 AIS only provides payments collection services, but no tax payment services. You should declare taxes to the tax authority on your own according to related requirements; in case you fail to fulfill your tax obligations, you alone will be held responsible.
8. Third-party request
You confirm and agree that between you and AIS, you are responsible for responding to the requests made by any third-party clients or end users to use AIS' record or content (hereinafter referred to as "third-party request"). In case we receive a third-party request (including but not limited to criminal or civil subpoenas or other legal procedures for obtaining the data of our clients or end users), we will provide guidance for the third party to initiate an third-party request toward our the client within the scope permitted by laws and the terms related to third-party request. If we deem necessary to comply with the laws or third-party requests following informed judgment, we reserve the right to respond to the third-party request for obtaining the client's data.
All payments under these terms of service are subject to the terms and conditions we signed with our clients (hereinafter referred to as "payment terms").
Any trial or no-charge features or services provided by AIS should not be regarded as us waiving the right to charge subsequently. All fees shall be paid in advance through a payment channel we accept. AIS have the right to unilaterally adjust the charge standard and mode, and notify the clients via email, app notification or other written forms by the end of the last service period. In case the two parties fail to reach an agreement on the incoming fee after negotiation, AIS will terminate the services immediately.
Clients shall pay for the information fee and data costs, etc. collected by any third-party telecommunication carriers that may arise from the use of our services.
10. Support and Maintenance
In case any support request was submitted to AIS, we will follow the currently effective and applicable terms and conditions that are published on our corporate website or mobile applications (hereinafter referred to as "support terms"), and provide support directly to the people we regard as the most suitable persons.
With regard to issues related to end users' access to AIS (including but not limited to: resetting passwords, suspending accounts, etc.), the clients alone will be held responsible for providing support to their end users. Before submitting a support request to us, the clients shall make commercially reasonable efforts in order to resolve any of such support issues. In the event that the clients fail to resolve the above support issues, a report could be filed to us and AIS will provide support in accordance with the support terms.
11. Data Security
We have taken specific technical and organizational measures to prevent any accidental content loss and unauthorized access to or use of contents stored on AIS. Whereas, we do not guarantee there won't be any unauthorized third parties getting access to the platform through illegal means. As our clients, you confirm that with regard to the contents stored on AIS by yourself and your end users, you and your end users are at your own risk. In addition, you are responsible for ensuring the contents has been backed up to prevent any loss of contents stored on the platform.
AIS can decide whether to allow a client to upload their logos or other trademark (collectively referred to as “client’s trademarks” and display them on ALS that is accessible to the client’s end users (whether by combining with ALS' trademark or merely serving as the client’s brand image). Hence, as our clients, you hereby grant us a non-exclusive license that allows us to display, execute and disseminate your registered trademark, and modify such trademarks only in situations related to the services ALS provides for your end users (for technical purposes such as to ensure that the trademark is visible on smartphones and computers).
14. Contract guarantee
Each party declares and guarantee to the other party that it holds the necessary authority to sign these terms of service and fulfill its obligations in accordance with these terms of services. As our clients, you further declare and guarantee that the individual who completes AIS' registration process through the management console and accepts these terms of service has been authorized to operate on your behalf.
To the maximum extent permitted by law, we deny all other warranties, whether expressed or implied. Any oral or written information or opinion of any party under these terms of services, its agent or employees, will not constitute a guarantee or expand the scope of the guarantee listed in these terms of service in any way.
Regardless of any contradicted provisions, we do not guarantee that the AIS Platform and other software we provide will satisfy all the requirements of our clients or end users, nor do we guarantee that the operation of AIS Platform and related software will remain uninterrupted or infallible, nor do we promise all the defects in AIS Platform and related software will be corrected. In addition, we are not responsible for any defects or errors caused by any modification, misuse or damage on the client's or end user's part. We do not vouch for or assume any responsibility for any third-party software or products or services that are not provided by us.
You agree that any of your purchasing behaviors under these terms of service depend neither on the delivery of any future functions or features, nor on any oral or written statements made by us regarding our future functions or features.
16. Client's Compensation
In case of any responsibility, damages (actual or indirect damages), losses and expenses (including legal and other professional expenses) arising from or related to the claims filed by the end users or any third-party regarding the violation of these terms of service or applicable laws in the using of AIS and related software, the client agree to provide compensation for us, our subsidiaries, affiliates, executives, employees and partners and hold the above-mentioned subjects harmless. In the event of such a claim, a notice of claim, appeal and litigation will be sent by us, but failure to receive such notices does not eliminate or reduce the client's obligation to make compensation under these terms of service, except for situations when the client can identify the damage caused by the failure of notice delivery.
17. Limitation of Liability
In addition to violating Article 5 or 6, and the obligation to provide compensation as stipulated in Article 15 on the client's part, (1) for any loss of profit or punitive, indirect, special, consequential or incidental damage (whether it is based on the contract or related laws and regulations)(including but not limited to negligence) arising from or related to these terms of service and/or the termination or non-renewal of this contract, both parties shall bear no responsibility towards the other parties, and (2) under any circumstances, the compensation of the total and cumulative damages each party provides under these terms of service shall not exceed the total fee the client paid to AIS twelve months before the claim was filed.
These terms of service come into effect the moment the client activates its account. If you register on behalf of an organization or legal entity, these terms of service will come into effect on the day your administrator officially use our services, and will remain effective until the agreed service period expires. In case both parties have signed a separate cooperation agreement and reached an agreement on the service period, the service period for the cooperation agreement shall prevail. Otherwise, the contract will terminate in accordance with Article 18.
The client can only terminate these terms of service at any time after obtaining our permission to your formal written application on the premise that under any circumstances, the client has no right to request a refund for the fees that have been paid to us as of this point, or require us to lower the fees that should be paid to us. We can terminate these terms of service by timely sending a written notice to the client via the account contact information held by us. In addition, in case any party breaches the contract or violates the crucial terms in these terms of service, and fail to make correction within 5 days of the date when the written notice is sent by the non-defaulting party or non-breaching party, the other party has the right to terminate these terms of service. If these terms of service are terminated due to breach of contract on AIS' part, the only and exclusive relief the client could obtain and our full responsibility for such breach will be to refund the fees paid by the client in accordance with these terms of service.
In case (i) the client has been insolvent; (ii) a bankruptcy application has been filed by the client or another person in accordance with the applicable bankruptcy law, and the client fail to suspend or terminate the application within 5 days after the application has been filed; (iii) the client has proposed a dissolution, debt restructuring or financial reorganization with the creditor, or a transfer of all/almost all of its assets or businesses to designated receivers, trustees, custodians or similar agents; or (iv) for the benefit of the creditors, the client plans to transfer all of its assets, we can immediately terminate these terms of services by sending a notification of termination.
From the effective date of the termination, these terms of service will be officially terminated, which means the client and its end users' right to access the AIS platform and other rights we grant to the client under these terms of service will be terminated, on the premise that the termination will not exempt either party from fulfilling its unfulfilled obligations upon termination. In case these terms of service have been terminated on our part within a notice period of less than 10 days, unless prohibited by law, AIS will provide conditions for the client to download or export the information they have uploaded on the platform within a fixed time frame.
20. User's Breach of Contract and its Handling
20.1 You agree to cooperate in AIS' handling of consumer's complaints and claims for compensation, and provide evidential materials within the time limit as required by AIS to prove none of the problems pointed out by the consumer exists in the paid courses you provide and the agreement between the two parties has not been breached. You guarantee that the evidential materials you submit are solid and legitimate.
20.2 If AIS conducts a initial review on the evidential materials you have provided based on the knowledge level of ordinary or non-professional people, and determines that you have violate the consumer's right, based on these terms of service and other published rules, AIS may require you to compensate the loss the consumers have suffered in their rights and interests in any ways allowed by these terms of service. In case AIS fails to reach you within (3) working days through the contact information you left on the platform, or refund has not been made within (3) working days after we contact you, AIS has the right to directly deduct corresponding amount of money from your account and uses it for compensation; in case AiIS has paid the above-mentioned fees to the consumer in advance, AIS has the right to temporarily freeze your account and directly deduct corresponding amount of money from your account.
20.3 In case you violate these terms of service or relevant laws and regulations, and as a result your courses have been deleted by AIS, a user has filed a complaint and asked for refund, or you receive penalty imposed by an administrative agency, all the expenses incurred shall be borne by yourself, and you alone shall be responsible for handling disputes; if you fail to properly handle the matters related to the refunds or fines within a reasonable time period as required by the platform, AIS has the right to freeze your account and directly deduct corresponding amount of money from your account, or AIS will pay the refunds and penalties in advance on your behalf, on the premise that we have the right to ask for twice as repayment within (10) days after your refunds or penalties have been paid.
21. General Terms
Send to a client: Valid email address, phone number, and WeChat account, etc. the clients left on the management console.
Send to us:
Recipient: Guangzhou KEO Information Technology, Co, Ltd.
Address: 27th Floor, South Railway Building, No. 57, Zhongshan 1st Rd, Guangzhou, Chinav
The delivery date of such notice shall be regarded as the notification date, regardless of the date that is shown on the notice. Either party can change the address and individual to which the notice will be sent on the management console (for clients) or through written notification (for Guangzhou KEO Information Technology, Co, Ltd.)
21.2 Applicable Laws
The signing, validity and performance of these terms of service shall be governed by and construed in accordance with the laws of the People's Republic of China.
21.3 Agreement, Successor and Assignee
Terms and conditions in these Terms of Service shall be in line with the interests of both parties and their authorized successors and assignees, and shall be executed by them. Unless otherwise specified, without the prior written consent of the other party, either party shall not assign any rights and benefits specified in these terms of service or under these terms of service, nor shall it entrust others to perform any obligations under these terms of service. In the event of inheritance or acceptance through merger, asset sale, corporate reorganization or other ways in accordance with the law, these Terms of Service shall be in line with the interests of any legal successor or assignee of entire/almost entire business and assets of either party, and shall have binding upon them. We reserve the right to transfer these Terms of Service to any of our affiliates, successors or assignees. In case a client wants to allow the transfer of these Terms of Service, an official notification shall be sent to inform us the details of the transfer. Any assignment or entrustment attempted to violate these Terms of Service will be deemed invalid. The client shall ensure that any successor or assignee under these Terms will be given access to the valid password of the administrator account, and despite the existence of such transfer, AIS shall not provide any passwords of the client's administrator account to any party.
21.4 No relationship
No relationship of principal-agency, partners, joint venture or employer-employee will be formed between the both parties due to these Terms. Unless otherwise specified, neither party has the right to set any obligations, explicit or implied, on behalf of the other party, nor does it have any right to exercise any control over the other party's business operations.
21.5 Force majeure
In case either party has failed to perform any of these Terms (except cash payment) due to reasons beyond its control (including labor disputes, civil strife, wars, government regulations or control, casualties, failure to obtain materials or services, or natural disasters), the defaulting party will be exempted from fulfilling the Terms during the delay-period and a reasonable time period thereafter.
The headings in these Terms were set for the sake of convenience, and should not be used to modify, define or limit any express terms in these Terms. All the pronouns should be regarded as male pronouns, female pronouns, neutral, singular or plural personal pronouns for one or multiple identities they refer to. Both parties hereby confirm that: (i) both parties will be given chance to review these Terms along with their legal advisers, and (ii) both parties understand any of these Terms and sign these Terms voluntarily and intend to be bound by these Terms.
21.7 Waiver & Modification.
We can revise the Terms of Service at any time, at our own discretion, and under such circumstance, we will publish our new version of the Agreement (“Revised Agreement”) on our public website. In addition, we will issue a notice of Change in Agreement to our clients through the website at least (10) days in advance, apart from situations when the agreement is revised to meet the requirements of applicable laws. Under such circumstance, the revised agreement can be effective within a shorter notice period as indicated in our communications regarding the revised agreement. After the revised version comes into effect, the client's continued use of the will be regarded as its acceptance to be bound by the revised agreement. In case the revised agreement contains any materials that might violate the client's rights and obligations, and the client refuse to keep on using AIS platform under the revised agreement, the client can terminate these Terms by sending us a written notice within (10) days after being notified of the revised agreement. In the event of such termination, the client may request a partial refund, and we will refund any prepaid fees corresponding to the period after the effective termination date on a pro rata basis. In addition, any waiver, revision or change of these Terms, or any change or addition to the terms and conditions under these Terms of Service in a purchase order or other written notice, shall not be effective unless they are made in written form and agreed by both parties. Failure or delay on either Party's part in exercising any rights, powers or relieves under these Terms shall not be regarded as a waiver of such rights, authority and relieves. A waiver of any terms and conditions listed in these Terms of Service shall not be interpreted as a waiver of other terms or conditions or a waiver of any breach on these Terms.
Please confirm you have read and fully understood the content of the above agreements.