Service Agreement

[First Part and Introduction] #

In order to use FunBean (hereinafter collectively referred to as the “Software”) and services (hereinafter collectively referred to as the “Service”), you should read and abide by the “Service Agreement” (hereinafter referred to as the “Agreement”). Please read carefully and fully understand the content of each clause, especially the clauses exempting or restricting FunBean’s liability, clauses restricting user rights, clauses stipulating dispute resolution and jurisdiction (such as relevant clauses in Article 15), etc., And a separate agreement to activate or use a certain service. Restrictions, exemption clauses or other clauses involving your major rights and interests may be bolded, underlined, etc. to remind you to pay attention.

Unless you have fully read, fully understood and accepted all the terms of this agreement, you have no right to download, install or use the software and/or related services. If you click “Agree”, “Next”, or your download, installation, use, login, etc., or your acceptance of this agreement in any other express or implied manner, you shall be deemed to have read and agree to the constraints of this agreement . This agreement is legally effective between you and FunBean and becomes a legal document binding on both parties.

If you do not have full capacity for civil conduct due to factors such as age, intelligence, etc., please read and judge whether you agree to this agreement with your legal guardian (hereinafter referred to as the “guardian”).

If you are a user in a non-Mainland China region, your entering into or fulfilling this agreement and using this service also need to abide by the laws of the country or region where you belong and/or are located.

1.[Scope of Agreement] #

This agreement is an agreement between you and FunBean regarding your download, installation, use, login to the software, and use of the service.

2.[About this software and this service] #

2.1 This software refers to the FunBean software developed by FunBean and authorized users to download, install, log in, and use in accordance with this agreement and other FunBean agreements and rules.

2.2 You understand and agree that FunBean may update or adjust the content of this software and/or this service as needed.

2.3 You may be able to use this service in the form of a client through computers, mobile phones and other terminals, and the specific ones provided by FunBean shall prevail. At the same time, FunBean will continue to enrich the terminals and forms of your use of this service. When you use this service, you should choose the software version that matches your terminal, system, etc., otherwise, you may not be able to use the service normally.

2.4 FunBean grants you a personal, non-transferable and non-exclusive license to use the software in accordance with the scope and method defined by this agreement and other FunBean agreements and rules.

2.4.1 You can download, install, use, and log in to this software on a single terminal device for non-commercial purposes.

3.[Acquisition of Software] #

3.1 You can obtain this software directly from the App store.

3.2 If you obtain this software or an installation program with the same name as this software from a third party, FunBean cannot guarantee that the software can be used normally and will not be responsible for the losses caused to you.

4.[Software installation and uninstallation] #

4.1 FunBean may develop different software versions for different terminals, systems, etc. You should choose to download the appropriate version for installation according to the actual situation.

4.2 After downloading the installation program, you need to follow the steps prompted by the program to install it correctly.

4.3 In order to provide a more high-quality and safe service, FunBean may recommend you to install other software when installing this software, and you can choose to install it or not.

4.4 Due to business strategy arrangements or adjustments, there may be differences in the specific service content that users in different regions can use with this software, and the actual content provided by FunBean shall prevail.

4.5 If you no longer need to use this software or need to install a new version of the software, you can uninstall it yourself. If you are willing to help FunBean improve its products and services, please tell us the reason for the uninstallation.

5.[Software Update] #

5.1 In order to enhance user experience and improve service content, FunBean may continue to work hard to develop new services and provide you with software updates from time to time.

5.2 For the purpose of improving user experience or improving service security, ensuring the consistency of functions, FunBean reserves the right to update the software without special notice to you, or to change part of the software’s functional effects and service content.

5.3 After the new version of this software is released, the old version of the software may not be available. FunBean does not guarantee that the old version of the software will continue to be available, nor does it guarantee that it will continue to provide corresponding customer service and maintenance services for the old version of the software. Please check and download the latest version at any time.

6.[Protection of User Personal Information] #

6.1 We do not collect your personal information.

6.2 A copy of your information is saved locally. If iCloud synchronization is turned on, a copy will be saved to your own iCloud at the same time. Fully transparent to FunBean.

7.[User Code of Conduct] #

7.1 [Notes for users] #

You fully understand and agree:

7.1.1 When you use a specific function of this service, you need to use the relevant authority, interface and related information of your terminal device to realize the corresponding function: for example, if the recorded account contains photos, you will access the camera or local album.

7.1.2 FunBean will use its commercially reasonable efforts to ensure the security of your data storage in this service. However, FunBean cannot provide a complete guarantee for this, including but not limited to the following situations:

1. FunBean is not responsible for the failure to delete or store your related data in this software and/or this service due to non-FunBean reasons.
2. You should back up the data and information stored in the software and/or the service or the data and information related to the software and/or the service by yourself, and the two parties have agreed otherwise in accordance with the corresponding agreement.
3. If you stop using the software and/or the service, your information is still stored in your device or iCloud after your service is stopped, terminated or cancelled, and FunBean is not obliged to return any data to you.

7.1.3 When using the software and services, users must bear the following risks beyond FunBean’s control, including but not limited to:

1. The user must select the software version that matches the installed terminal device, otherwise, any problems or damage caused by the mismatch between the software and the terminal device model will be borne by the user;
2. Due to the unstable network signal and small network bandwidth, the software login failure, incomplete data synchronization, slow page opening speed and other risks caused by the software.

7.1.4 When you use this service, the content of this service may differ depending on the version of the software you use. You understand that when you use certain versions of this software to open or enter the relevant pages of application distribution products or application distribution functions developed by FunBean, this application distribution product or function is to better provide you with Application-related upgrade prompts and other services may use or show your friends information about using applications on your terminal device.

8.2 [User Prohibited Behavior] #

When you use the software and/or this service, you shall abide by relevant laws and regulations, user agreements, rules and regulations, etc., and shall not engage in any of the following actions, including but not limited to, or provide convenience to any of the following actions:

8.2.1 Actions prohibited by laws and regulations

You must comply with the laws and regulations when using the Service and must not produce, copy, publish, disseminate information containing the following contents or engage in related acts, nor facilitate the production, copying, publication, dissemination of information containing the following contents or engage in related acts.

（1）that oppose the fundamental principles established by the Constitution.

（2）Endangering national security, leaking state secrets, subverting state power, and undermining national unity.

（3）that are detrimental to the honor and interests of the state.

（4）Inciting ethnic hatred, ethnic discrimination and undermining national unity.

（5）Undermine the national religious policy and promote cults and feudal superstitions.

（6）Spreading rumors, disturbing the social order and destabilizing the society.

（7）Dissemination of obscenity, pornography, gambling, violence, murder, terrorism or abetting crime.

（8）Insulting or defaming others and infringing on their legitimate rights and interests.

（9）Violation of laws and regulations, the bottom line of national interests, the bottom line of the legitimate rights and interests of citizens, the bottom line of public order, the bottom line of morality and the bottom line of information authenticity “six bottom line” requirements.

（10）Other acts prohibited by laws and regulations.

8.2.2 Software Use

Except as permitted by law or regulation or as permitted in writing by FunBean, you may not do any of the following.

1. Delete the information about the copyright on this software and its copies.
2. Reverse engineer, reverse assemble, reverse compile, or otherwise attempt to discover the source code of this software.
3. Use, rent, lend, copy, modify, link, reproduce, compile, publish, publish, establish mirror sites, etc. of the contents of which FunBean owns the intellectual property rights.
4. Copy, modify, add, delete, hook up, or create any derivative works of the Software or the data released to the memory of any terminal during the operation of the Software, the interaction data between the client and the server during the operation of the Software, and the system data necessary for the operation of the Software, including but not limited to using plug-ins, plug-ins or non-FunBean authorized third-party tools/services to access the Software and related systems.
5. Adding, deleting, or changing the functions or operating effects of software by modifying or falsifying instructions or data in the operation of software, or operating or distributing software or methods used for the above purposes to the public, whether or not these acts are for commercial purposes.
6. Login or use the Software and/or the Service through third party software, plug-ins, plug-ins, or systems that are not developed or licensed by FunBean, or create, distribute, or disseminate the above tools.
7. Interfere with the Software and/or the Service and its components, modules, data, etc., on its own, by authorizing others or by using third party software.
8. Other actions that may affect or interfere with the normal operation of the Software and/or the Service.

8.3 [Legal Liability] #

8.3.1 You understand and agree that if you violate laws, regulations, or this Agreement, FunBean has the right to unilaterally take one or more of the following measures at any time, depending on the circumstances.

1. Warnings to you.
2. Restrict your use of some or all of the features of the Software and/or the Service.
3. Take other reasonable and lawful measures.
4. You will be held legally responsible according to the law.

8.3.2 If you violate laws and regulations, this Agreement or other agreements and rules of FunBean, and FunBean takes any actions or measures against you or the Software and/or the Service you use, resulting in your temporary or permanent inability to use the Service, you shall bear the corresponding consequences yourself. You shall be responsible for any loss caused by this.

8.3.3 You are responsible for taking reasonable and secure backups of data (including but not limited to account information, photographs, etc.) generated by or stored in the Service outside of the Service.

8.3.4 If you cause damage to any third party, you shall be independently liable; if FunBean suffers damage as a result, you shall also be indemnified.

8.4 [Responsible for your own actions] #

You fully understand and agree that you are responsible for all of your use of the Software and/or the Service, including any content you post and any consequences thereof. FunBean shall not be liable to you for any loss or damage arising from the foregoing risks to the extent permitted by law.

9.[Intellectual Property Rights Statement] #

9.1 FunBean is the owner of the intellectual property rights of this software. The intellectual property rights such as copyrights, trademarks, patents, trade secrets, and all information contents related to the software (including but not limited to text, pictures, audio, video, graphics, interface design, layout frames, relevant data or electronic files, etc.) are protected by laws and regulations and the corresponding international treaties, and FunBean enjoys the above-mentioned relevant intellectual property rights according to law, except that the relevant right holders are entitled to the rights according to FunBean shall enjoy the above mentioned intellectual property rights in accordance with the law, except for the rights that the relevant right holders shall enjoy according to the law.

9.2 You may not enforce, exploit, or transfer the above intellectual property rights to any third party for any commercial or non-commercial purpose without the written consent of FunBean.

10.[Responsibility of terminal security] #

10.1 You understand and agree that the Software and/or the Service, like most Internet software and services, may be affected by a variety of factors (including but not limited to user reasons, network service quality, social environment, etc.); it may also be subject to various security issues (including but not limited to the illegal use of user information by others for realistic harassment; other software downloaded and installed by users or other websites visited by users may (including, but not limited to, the illegal use of user information by others for real-life harassment; other software downloaded and installed by users or other websites visited by users may contain viruses, Trojan horses or other malicious programs that threaten the safety of your terminal information and data and subsequently affect the normal use of the Software and the Service, etc.), therefore, you should strengthen your awareness of information security and personal information protection and pay attention to password protection to avoid suffering losses.

10.2 It is the joint responsibility of FunBean and you to maintain the security and proper use of the software. FunBean will take reasonable and prudent technical measures necessary to protect your endpoint information and data security in accordance with industry standards, but you acknowledge and agree that FunBean cannot provide any guarantees in this regard.

11.[Third-party software or technology] #

11.1 The Software may use third party software or technology (including open source code and public domain code that may be used by the Software, etc., hereinafter), and such use has been legally licensed.

11.2 If this software uses software or technology from a third party, FunBean will display the relevant agreements or other documents, which may be attached to this agreement, packaged in a specific folder of the software installation package, etc., in accordance with the relevant regulations or conventions, which may be expressed in the form of “Software License Agreement”, “License Agreement”, “Open Source License” or other forms.

11.3 The aforementioned relevant agreements or other documents shown in various forms are an integral part of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. If you fail to comply with these requirements, such third party or state authority may file a lawsuit, impose a fine or take other sanctions against you and request FunBean’s assistance, and you shall bear your own legal responsibility.

12.[Force majeure and other exemptions] #

12.1 You understand and agree that in the course of using the Service, you may encounter force majeure and other risk factors that may affect the Service. Force majeure refers to objective events that cannot be foreseen, overcome and avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics and storms, as well as social events such as wars, unrest and government actions. When the above situation occurs, FunBean will try to cooperate with the relevant units at the first time and try to deal with it in time, but FunBean is exempted from the responsibility for any damage caused to you as a result within the scope of the law.

12.2 To the extent permitted by law, FunBean is not responsible for interruptions or disruptions of service caused by.

1. Damaged by computer viruses, Trojan horses or other malicious programs, hacker attacks.
2. Failure of the user’s computer software, system, hardware and communication lines.
3. The user does not operate properly or the user uses the service in a way that is not authorized by FunBean.
4. Outdated program versions, the age of the device and/or its compatibility issues.
5. Other circumstances beyond FunBean’s control or reasonably foreseeable.

12.3 You understand and agree that in the process of using the Service, you may encounter risks arising from network information or other user actions, and FunBean is not responsible for the authenticity, suitability, or legality of any information, nor is it responsible for any damage caused to you by infringement. These risks include but are not limited to.

1. Messages containing threatening, defamatory, offensive or unlawful content from others, either anonymously or by impersonation.
2. suffer any psychological or physical injury and financial loss caused or likely to be caused by misleading, deceptive or otherwise by others.
3. Other risks arising from network information or user behavior.

12.4 FunBean gets the right to deal with the illegal content according to this agreement, and this right does not constitute FunBean’s obligation or commitment. FunBean cannot guarantee to discover the illegal behavior or deal with it accordingly in time.

12.5 Under no circumstances should you rely on loans, requests for passwords or other information involving property. If property operations are involved, please make sure to verify the identity of the other party first and always pay attention to FunBean’s tips on preventing fraudulent crimes.

12.6 The content you post in the course of using the Service may be commented, forwarded, copied, modified or used for other purposes by third parties, and thus out of your expectation and control. You must be fully aware of such risks, and FunBean is not responsible for any disputes arising therefrom.

13.[Others] #

13.1 You are deemed to have read and accepted this Agreement by using the Software and/or the Service, and FunBean reserves the right to modify the terms of this Agreement as necessary. You can check the latest version of the terms and conditions on the relevant service page. If you continue to use the software or services provided by FunBean after the terms of this Agreement have been changed, you are deemed to have accepted the changed Agreement.

13.2 This Agreement is entered into at Daxing District, Beijing, People’s Republic of China.

13.3 The laws of mainland China (excluding conflict of laws) shall apply to the formation, entry into force, performance, interpretation and dispute resolution of this Agreement.

13.4 If any dispute or controversy arises between you and FunBean, it shall first be resolved through friendly negotiation; if negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the people’s court with jurisdiction in the place where this agreement is signed (i.e. Daxing District, Beijing).

13.5 The headings of all provisions of this Agreement are for convenience only and have no actual meaning in and of themselves and shall not be relied upon in interpreting the meaning of this Agreement.

13.6 The terms of this Agreement shall be partially invalid or unenforceable for whatever reason, and the remaining terms shall remain valid and binding on the parties.