Welcome to the official website and related services (collectively referred to as the "Services") provided by KKS TECHNOLOGY LLC (hereinafter referred to as "we", "us" or "the Company"). These Terms of Service (hereinafter referred to as the "Terms") constitute a legal agreement between you (hereinafter referred to as "you") and us regarding your use of the Services. They apply to all users who access, browse or use our Services. Before using the Services, please carefully read and understand all contents of these Terms; if you disagree with any provision of these Terms, do not use our Services.
1. Scope and Definition of Services
1.1 Service Content
The Services we provide include but are not limited to:
- Official website content display (such as product introductions, technical documents, service descriptions, company information, user guides, etc.);
- Technical service support (such as technical consultation, problem troubleshooting, system maintenance, software update and upgrade, etc.);
- Customized service solutions (such as software development, system integration, technical optimization, etc., subject to the specific written agreement signed by both parties);
- Paid services (such as premium technical support, customized development services, subscription-based technical maintenance services, etc., subject to the display on the service page).
1.2 Service Form
The Services are provided through our official website (domain name: [Insert Domain Name]), official authorized mobile applications, third-party cooperation platforms (channels authorized in writing by us) and other forms. You shall obtain and use the Services through official designated channels to avoid service abnormalities or loss of rights and interests caused by non-official channels.
1.3 Service Restrictions
We reserve the right to adjust the content, functions, usage conditions, applicable regions, etc. of the Services in accordance with technical capabilities, operational needs, changes in laws and regulations, etc. After the adjustment, we will notify you through official website announcements, in-service notifications, etc. Your continued use of the Services shall be deemed as acceptance of the adjusted Services.
2. User Qualifications and Account Management
2.1 User Qualifications
- You confirm that you are at least 13 years old. If you are a minor aged 13-18, you shall read these Terms under the guidance of your parents or legal guardians and obtain their written consent before using the Services;
- You have full capacity for civil conduct (or limited capacity for civil conduct authorized by a guardian) and can independently bear the legal liabilities arising from the use of the Services;
- If you use the Services on behalf of an entity such as an enterprise or organization, you confirm that you have obtained legal authorization from the entity, and will comply with these Terms and the internal management regulations of the entity, and the relevant legal liabilities shall be borne by the entity.
2.2 Account Registration (if applicable) and Authenticity of Information
- The use of some Services (such as customized development services, paid technical support) requires registration of an account. During registration, you shall provide true, accurate and complete information (such as email address, phone number, user name, enterprise name, tax identification number, etc., if you are an enterprise user) and update it in a timely manner when the information changes;
- If you provide false, invalid or incomplete information, we have the right to refuse to provide you with the Services, or suspend or cancel your account without assuming any liability; if your or a third party's rights and interests are damaged due to false information, you shall bear the liability yourself.
2.3 Account Ownership and Usage Specifications
- The account is owned by us, and you only obtain the right to use the account, which is only owned by you personally (or the entity you represent). You shall not rent, lend, transfer or sell the account to a third party, nor share the account access rights with others;
- You shall properly keep the identity verification information such as account password, verification code and device token. Any loss (such as loss of virtual property, unauthorized consumption, etc.) caused by account theft or password leakage due to improper storage by you shall be borne by you;
- If you find any account abnormality (such as login from an unfamiliar device, unauthorized operation), you shall immediately notify us through the contact information in Article 14 of these Terms. We will assist you in taking measures such as freezing the account and resetting the password, but will not be liable for direct or indirect losses caused by account abnormality.
2.4 Account Cancellation and Data Processing
- You can apply for account cancellation through the account settings page or by contacting customer service. Before cancellation, please back up the important data in the account (such as project documents, service records, virtual product information). After account cancellation, the relevant data (except those required to be retained by laws and regulations) will be deleted and cannot be recovered;
- If you have not logged in to the account for 18 consecutive months and there are no unexpired paid services in the account, we have the right to notify you through the contact information reserved during your registration. If you still do not activate the account within 30 days after the notification is sent, we will cancel the account and clear the relevant data without assuming any liability.
3. User Code of Conduct
3.1 Legal and Compliant Use
When using the Services, you shall comply with the federal laws of the United States, the state laws of California (such as the Computer Fraud and Abuse Act (CFAA)), the General Data Protection Regulation (GDPR) of the European Union (applicable to EEA residents) and the laws and regulations of other applicable regions. You shall not use the Services to engage in any illegal activities, including but not limited to:
- Disseminating terrorism, hate speech, child pornography, violent or discriminatory information;
- Infringing upon the legitimate rights and interests of others such as intellectual property rights, portrait rights, privacy rights and reputation rights;
- Committing fraudulent acts (such as forging identities, fake transactions, defrauding virtual property);
- Endangering national security, public interests or social public order and good customs.
3.2 Restrictions on Service Use
You shall not engage in the following acts that affect the normal operation of the Services or damage the rights and interests of us and third parties:
- Unauthorized access to or attack our core systems such as servers, databases and API interfaces, or use automated tools (such as crawlers, scripts, plug-in programs) to crawl service data or interfere with service functions;
- Tampering with service codes, cracking service encryption mechanisms, or bypassing payment or permission restrictions (such as using pirated clients, crack patches);
- Sending spam (such as a large number of meaningless comments, pop-up advertisements, malicious emails) or occupying excessive server resources leading to service lag or crash;
- Using the Services to disseminate malicious programs such as viruses, Trojans and ransomware to damage the device security or data security of others;
- Other acts that violate these Terms or the special rules issued by us (such as the User Service Guidelines).
3.3 Liability for User Content
You shall be responsible for the content submitted through the Services (such as comments, feedback, UGC content (user-generated content), technical consultation materials, etc., hereinafter referred to as "User Content"). You warrant that:
- The User Content complies with laws and regulations, the provisions of these Terms and public order and good customs;
- The User Content does not infringe upon the legitimate rights and interests of any third party such as intellectual property rights and personal rights;
- You have the legal ownership of the User Content or have obtained sufficient authorization from a third party to allow us to use the User Content in accordance with the provisions of these Terms.
If the User Content violates the above commitments, we have the right to delete the content, restrict your content release rights, or suspend or cancel your account; if we or a third party suffer losses due to the User Content, you shall bear full compensation liability (including litigation fees, attorney fees, compensation, etc.).
4. Intellectual Property Protection
4.1 Our Intellectual Property Rights
- All elements contained in the Services and the Services (such as website design, page layout, text content, pictures, icons, logos, computer codes, software programs, technical algorithms, data interfaces, service names, function identifiers, user interfaces, audio materials, etc.) are protected by the Copyright Act of the United States, the Trademark Act of the United States, the Intellectual Property Directive of the European Union and other relevant laws. The intellectual property rights belong to us or the relevant right holders (such as authorized artists, music producers);
- We have completed the registration of core trademarks, software copyrights and other intellectual property rights with relevant institutions (such as the United States Patent and Trademark Office (USPTO), the European Union Intellectual Property Office (EUIPO)). Any unauthorized use may constitute infringement.
4.2 Restricted Use of Our Intellectual Property Rights
Without the written permission of us or the relevant right holders, you shall not engage in the following acts:
- Copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Services (including software codes, data structures, algorithm logic, etc.), unless such acts are explicitly permitted by law (such as the fair use provisions stipulated in the Digital Millennium Copyright Act (DMCA));
- Unauthorized use of our trademarks, logos, names and other identifiers for commercial promotion, product promotion or other activities, including but not limited to using them for goods, services or domain names not authorized by us;
- Intercepting or extracting data and content from the Services for commercial purposes (such as selling data, using it for third-party data analysis tools, etc.) or disseminating it to third parties, unless obtaining our written permission;
- Creating derivative works based on service content (such as secondary development of software, adaptation of text content, modification of software interfaces, etc.) and using them for public dissemination or commercial purposes;
- Deleting, concealing or modifying the copyright notices, trademark logos, ownership information, warning statements and other content contained in the Services.
4.3 Intellectual Property Rights of User Content
- You enjoy legal intellectual property rights (such as copyright) for the User Content, but you agree to grant us a permanent, irrevocable, non-exclusive, transferable, sublicensable, global and royalty-free license to allow us to use the User Content in the process of providing the Services in ways such as display, storage, transmission, optimization, promotion, backup and restoration, without paying any compensation to you or any third party for such use;
- If your User Content involves the intellectual property rights of a third party (such as quoting third-party pictures, using third-party software codes, etc.), you shall ensure that you have obtained legal authorization from the third party. If an intellectual property dispute arises (including but not limited to litigation, arbitration, DMCA takedown notice initiated by a third party), you shall bear full liability, including but not limited to compensating us for the losses suffered and bearing relevant legal fees.
4.4 Infringement Complaints and Handling
- If you believe that the content in the Services infringes your intellectual property rights (such as copyright, trademark rights, etc.), you may submit a written complaint to our designated copyright agent (contact information see Article 15 of these Terms) in accordance with the requirements of the Digital Millennium Copyright Act (DMCA). The complaint shall include the following contents: your name, contact information, address and electronic signature; the specific location of the allegedly infringing content (such as official website URL, screenshot, etc.); a detailed description of the infringing content and proof of claiming rights (such as copyright registration certificate, trademark registration certificate, etc.); your statement: ensuring that you are the legitimate owner of the intellectual property rights or have obtained legal authorization, and the complaint content is true and accurate; your statement: agreeing to accept the jurisdiction of the Federal District Court of California, USA, and willing to bear corresponding legal liabilities if the complaint is false;
- After receiving a compliant complaint, we will verify it within a reasonable period (usually 10-14 working days) and take necessary measures such as deletion, takedown and link breaking according to the verification results, and notify you and the submitter of the allegedly infringing content (if any) of the processing results.
5. Paid Service Rules (if applicable)
5.1 Content and Price of Paid Services
- Paid services include but are not limited to: premium technical support services, customized development services, annual maintenance services, subscription-based software use rights, etc. The specific content and service standards (such as technical support response time, service cycle, update frequency, etc.) shall be subject to the official website announcement or the agreement in the written contract signed by both parties;
- All prices of paid services are denominated in US dollars (USD), including applicable US federal taxes and California sales taxes (if you are a non-California user, you may need to pay corresponding taxes in accordance with the laws of your state, which will be calculated separately at the time of payment).
5.2 Payment and Service Activation
- You can complete the payment through the official designated payment methods (such as credit card payment, bank transfer, third-party payment platforms (PayPal, Stripe), etc.). After the payment is completed, you will receive a payment confirmation and service activation notice by email. The service period shall be calculated from the date of payment completion (unless otherwise agreed in writing by both parties, such as the start date agreed in the service contract);
- If the service is not activated after payment, you shall promptly contact customer service and provide payment vouchers (such as order number, payment screenshot). We will activate the service for you or refund the fee after verification. We shall not be liable for payment failure caused by payment channel faults (such as bank system delay, third-party payment platform error), but will assist you in communicating with the payment channel.
5.3 Refund Rules
Except for the following circumstances, paid services are non-refundable once purchased:
- The service has a serious fault, and we cannot repair it within 30 days, resulting in your inability to use the service;
- Your rights and interests are damaged due to our fault (such as duplicate charges, wrong delivery of services);
- You are an EEA user. In accordance with the EU Consumer Rights Directive, you have the right to apply for a refund without reason within 14 days after purchasing the paid service (except if you have used more than 50% of the service);
- Other circumstances stipulated by laws and regulations or agreed by both parties.
To apply for a refund, you need to submit it through the customer service channel. We will verify it within 7 working days after receiving the application. For those that meet the refund conditions, the money will be refunded to your original payment account within 14 working days after the verification is passed. The refund amount shall be based on the actual amount you paid (excluding interest or handling fees already incurred).
5.4 Automatic Renewal (if applicable)
- If the paid service you purchased is a subscription type (such as annual technical support service) and you select "automatic renewal", we will automatically deduct the fee for the next service cycle through the payment method you reserved 72 hours before the subscription expires. After the deduction is successful, the service period will be automatically extended by one cycle;
- If the automatic deduction fails (such as insufficient balance in the payment method, expired card, etc.), we will remind you through email or in-service notice. You need to complete the manual renewal within 24 hours before the subscription expires, otherwise the subscription service will be suspended after expiration;
- You can cancel the automatic renewal at any time through the "renewal" function in the account or by contacting customer service. The cancellation will not affect the use of the service during the current subscription cycle.
6. Third-Party Services and Links
6.1 Access to Third-Party Services
- The Services may include services or functions provided by third parties (such as third-party payment platforms, cloud storage service providers (Amazon S3, Google Cloud Storage), technical documentation platforms (GitHub, Stack Overflow), etc.). Such services are independently operated by third parties, and their content, privacy policies and usage rules are formulated by third parties;
- When you use third-party services, you shall comply with the relevant agreements of the third party. The quality, safety and legality of third-party services shall be borne by the third party, and we shall not be responsible for them. If your rights and interests are damaged due to third-party services, you shall claim rights from the third party.
6.2 Third-Party Links
- The official website or the Services may contain links to third-party websites. Such links are only provided to facilitate your access to information. We shall not be responsible for the content, safety and availability of third-party websites;
- Before accessing a third-party website, you shall independently assess the risks and comply with the rules of the third-party website. Any loss caused by accessing the third-party website (such as information leakage, malicious software infection) shall be borne by you.
6.3 Liability Division for Cooperative Services
- If we cooperate with a third party to provide services (such as jointly launching technical solutions, entrusting a third party to provide technical support, authorizing a third party to provide after-sales services, etc.), the liability division of the cooperative services shall be subject to the cooperation agreement between us and the third party: those within our liability scope (such as failure to provide services in accordance with the agreed standards) shall be borne by us; those within the third party's liability scope (such as technical errors caused by the third party's operation) shall be borne by the third party;
- If your rights and interests are damaged when using the cooperative services, you may claim rights from us or the third party. We will assist you in clarifying the liable party and provide necessary support (such as providing relevant clauses of the cooperation agreement, contact information).
7. Service Interruption and Disclaimer
7.1 Circumstances of Service Interruption
We may suspend or interrupt the Services due to the following reasons without assuming liability:
- System maintenance, upgrade or update (we will notify you through the official website announcement at least 72 hours in advance, except for emergency maintenance);
- Force majeure (such as natural disasters, public health incidents, wars, government bans, damage to infrastructure);
- Third-party factors (such as power outage in the server room, failure of the Internet Service Provider (ISP), outage of the cloud service provider);
- Requirements of laws and regulations (such as cooperating with government departments' investigations and compliance inspections);
- Temporary restrictive measures taken by us due to your violation of the provisions of these Terms (such as account suspension).
7.2 Disclaimer
- The Services are provided on an "as is" and "as available" basis. We make no express or implied warranties regarding the perfection, accuracy, reliability and uninterrupted nature of the Services, nor do we warrant that the content contained in the Services (such as technical documents, service descriptions) is error-free or suitable for your specific needs;
- We shall not be liable for indirect losses, incidental losses or punitive losses caused by the use of the Services, including but not limited to: loss of project progress or depreciation of technical results caused by service interruption; economic losses caused by account theft; decision-making mistakes caused by relying on the information in the Services (such as technical recommendations, solution introductions);
- If you are an EEA user, the above disclaimer does not affect the statutory rights you enjoy in accordance with GDPR or EU consumer protection laws, nor does it exempt us from liability caused by intentional or gross negligence.
8. Special Terms for EEA Users (GDPR-related)
8.1 Legal Basis for Data Processing
The legal bases for us to process your personal data (such as account information, usage records) include:
- To perform the obligations agreed in these Terms (such as providing you with account services, processing paid transactions);
- Obtaining your explicit consent (such as sending you marketing information, using Cookies to track browsing behavior);
- To realize our legitimate interests (such as optimizing services, preventing fraud) without damaging your rights and interests;
- To comply with legal obligations (such as retaining transaction records, cooperating with law enforcement investigations).
8.2 Protection of Data Subject's Rights
As an EEA resident, you enjoy the rights stipulated by GDPR, including the right of access, right of correction, right to erasure, right to restriction of processing, right to data portability, right to object, etc. The specific exercise methods are detailed in our Privacy Policy;
- If you believe that our data processing behavior violates GDPR, you have the right to complain to the data protection regulatory authority of the member state where you are located (such as the UK ICO, German BDSI), and we will cooperate with the regulatory authority's investigation.
8.3 Cross-border Data Transfer
If we need to transfer your personal data to regions outside the EU/EEA (such as the United States), we will take the following safeguard measures:
- Based on the "Standard Contractual Clauses (SCCs)" approved by the European Commission;
- If transferred to the United States, through the "EU-U.S. Data Privacy Framework" or "Swiss-U.S. Data Privacy Framework";
- Implement Binding Corporate Rules (BCRs) or other safeguard measures recognized by GDPR to ensure that your data receives the same level of protection during transmission as within the EU.
9. Termination
We may restrict, suspend or terminate your access to the Services or the Services themselves if we believe you have violated these Terms or applicable laws, or for any other reason, without prior notice or liability. We maintain a policy that provides for the appropriate termination of service usage rights for users who repeatedly infringe upon the intellectual property rights of others.
10. Changes to the Terms of Service
We reserve the right to modify, alter or update these Terms at any time in our sole discretion. Changes to the Terms will take effect upon posting. Your continued use of the Services or the services provided on or through the Services after any changes to the Terms have been posted will be deemed acceptance of those changes.
11. Severability
If any provision of these Terms is deemed invalid, illegal or unenforceable under any statute, regulation, ordinance or court of competent jurisdiction, such provision shall be deemed reformed or deleted only to the extent necessary to comply with such statute, regulation, ordinance or court order, and the remaining provisions shall remain in full force and effect.
12. Assignment
These Terms and any rights and licenses granted hereunder may only be assigned or transferred by you with the prior written consent of KKS TECHNOLOGY LLC, but may be assigned by KKS TECHNOLOGY LLC without restriction and without notice to you.
13. Dispute Resolution and Governing Law
13.1 Governing Law
The interpretation, validity and dispute resolution of these Terms shall all be governed by the laws of the State of California, USA, excluding its conflict of laws principles.
13.2 Dispute Resolution
- Both parties shall first attempt to resolve disputes through friendly negotiation;
- If negotiation fails, either party may submit the dispute to the court with jurisdiction located in the place where the Company is registered for litigation, or choose an arbitration institution for arbitration in accordance with the agreement signed by both parties.
14. Contact Us
If you have any questions, comments or suggestions regarding these Terms, or need to report violations, complaints or apply for refund, you can contact us through the following methods:Email: [email protected]