ZEGOCLOUD Services Terms
Welcome, and thank you for using ZEGOCLOUD Services provided by ZEGOCLOUD Technologies, Inc ("ZEGOCLOUD", "We", "us" and "our"). ZEGOCLOUD Services refers to Real-time Audio and Video services, Real-time Messaging, Interactive Whiteboards, File Transcoding, Cloud Recording, Audio and Video SDKs and other cloud products provided by ZEGOCLOUD (collectively, the "Services"). Before you register as a customer of the Services, please read all of the following Terms carefully (minors should be accompanied by a legal guardian to read). By registering for an account and/or using the Services you accept these Terms. If you do not accept all of these Terms, please do not register for an account or use the Services.
1. Acceptance of the Terms
In order to use ZEGOCLOUD website, platform and services, you are required to accept and agree to be bound by these Terms.
We reserve the right to change, modify or update these Terms. ZEGOCLOUD is not responsible or liable for any data you transmit and store, which you should guarantee the legality.
We will post the revised Terms on our website from time to time, and you agree to receive notice of any changes. Please do not use the Services if you do not agree to the changes. By continuing to use the Services, you agree to be bound by the amended and restated Terms.
2. Accounts and Registration
To use the Services, you must register for an account. The account registration information includes, but not limited to, your account name, photo, password, and all the information entered when registering or updating the Services account.
a. When you register for an account, you shall promise to abide by laws and regulations, safeguard national interests, citizens' legal rights, social public order, and ensure the authenticity of information. You shall guarantee that the following illegal or harmful information is prohibited in your registration:
- Violation of the Constitution or laws and regulations;
- Endanger national security, leak state secrets, subvert state power, and undermine national unity;
- Damage to national honor and interests, damage to public interests;
- Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
- Spread rumors, disrupt social order, and undermine social stability;
- Spread obscenity, pornography, gambling, violence, homicide, terror, or instigate crime; insult or slander others, infringe on the legal rights of others;
- Contains other content prohibited by laws and administrative regulations.
b. If your registration and login information, profile pictures or bios contain any illegal, harmful, incorrect or untrue information, ZEGOCLOUD has the right to notify you for correction, suspend your use or cancel your qualifications. If you fraudulently use any affiliates’ or social celebrities’ accounts to log in and use the Services, or fill in the account name, profiles, and bios, ZEGOCLOUD has the right to cancel the account and report to the government department.
c. You are responsible for the Services account that you have registered. You guarantee that only you can use your account, and that the account cannot be transferred, gifted or inherited.
d. You are fully responsible for all contents, services and advertisements provided by your products. If your product or any content, service or advertisement provided by your product is mainly aimed at children at 13 years and younger, you should report to us in advance. Otherwise, ZEGOCLOUD can take any necessary measures to prevent you from continuing to use the Services without prior notice.
e. You are fully responsible for all operations of the account. You agree to keep your account and password properly, and you are solely responsible for the losses caused by the disclosure of the password. If you aware that someone else has fraudulently used or stolen your account and password, or any unauthorized use, you should immediately notify ZEGOCLOUD in an effective manner and request ZEGOCLOUD to suspend related services. At the same time, you understand that a reasonable time limit is required for ZEGOCLOUD to take action on its request. Before ZEGOCLOUD takes any measures, ZEGOCLOUD is not responsible for your loss.
3. Fees and Payments
a. You agree to pay all applicable fees set forth in the Pricing section of our website. You may purchase the services directly by online payment from your personal account or pay the service fees to the ZEGOCLOUD-designated account from your corporate account. Unless otherwise agreed between you and us in writing, we may notify you of any increase or rise of the price of any existing services or service functions. The specific price is subject to the latest pricing published on ZEGOCLOUD's official website (https://www.zegocloud.com/pricing). In case you need to use any service items not published on ZEGOCLOUD's official website, a supplementary agreement is otherwise required to be signed with us separately.
b. Your use of our services under this clause will be billed month by month. You authorize ZEGOCLOUD to collect any and all payments of any orders placed by you and those selected by you and set forth in this clause or published by ZEGOCLOUD in the method of payment selected in your account. If you pay any fee with a credit card, ZEGOCLOUD may pre-authorize your credit card account before your purchase so as to verify if the credit card is valid and if the funds or credit limit is sufficient to cover your purchase price. If you do not have sufficient funds in your account or any due payment is rejected by your credit card, we reserve the right to suspend the services to your corresponding account until you pay off the arrears. Unless otherwise stated, any and all fees and other charges shall be denominated in US dollars, and all amounts shall be paid in US dollars.
c. To ensure the timely availability or continuous provision of the services, you shall abide by this clause and the billing rules of the services adopted herein and pay any fees in a timely manner. We will make settlements and send you the bill within the first five (5) working days of each month for any costs and expenses incurred by you in the previous month. You shall confirm the amounts of settlement with us within two (2) working days after receipt of the bill. If you have any objections to the billed amount provided by us, you shall file a complaint to us within two (2) working days upon receipt of our bill. In case no objection is proposed within such period, it shall be deemed that you agree to the billed amount provided by us, in which case the system will collect from you all outstanding fees incurred before the bill.
d. ZEGOCLOUD reserves the right not to provide any services and/or technical support to you (for pre-paid services) or to terminate the provision of the services and/or technical support (for post-paid services) until you have paid all the fees as agreed herein. You understand and agree that ZEGOCLOUD reserves the right to hold you legally liable for your default on the payment for post-paid services.
e. Any and all fees payable by you do not include and you agree to bear and be responsible for paying Chinese and foreign taxes, import and export tariffs, withholding tax, and similar tax assessments, which include but are not limited to sales, use, and value-added tax ("Additional Fees") excluding any taxes levied based on ZEGOCLOUD's net income.
f. You should submit an invoice application to the customer service staff for the invoice. ZEGOCLOUD will send you the invoice within 30 working days. The invoice and your delivery information are subject to the information you provide, and ZEGOCLOUD is not responsible for the consequences caused by inaccurate information.
g. You fully understand that all free service items and price-related activities of the Services are one-time special discounts in addition to the normal service price. You should pay for modification, update and maintenance fees of the complementary service items, and the complementary service items cannot be deducted and cannot be exchanged for cash. The complementary service account balance shall be consumed after the actual payment part is consumed.
h. If you have any dispute with any charge related to your account, please contact us at firstname.lastname@example.org within sixty (60) days of our billing to you for any charge you have a dispute. We will make each and every endeavor to solve the dispute within thirty (30) days from the occurrence of the activity giving rise to the dispute.
4. Terms Modification Suspension and Termination
a. The Services are constantly changing and improving. The Services may add or delete some features or services, or it may suspend or completely stop some services. If there is a major change to the Services or these Terms, ZEGOCLOUD shall announce the material change in the appropriate place on the website or Services platform in advance. If you continue to use the Services, it is deemed that you have accepted the above changes. If you do not accept the above service changes, you have the right to continue using the Services in accordance with the content and standards before the change, until the prepayment under the valid order corresponding to the part of the service is exhausted or you stop using the Services. If you choose to stop using Services, ZEGOCLOUD will settle your account, and you should move your business data out.
b. If the the Services delete, suspend or terminate part or all the services due to business development, except in the case where the law has clear provisions, ZEGOCLOUD has the right to directly process refund for the unused part of your actual payment without your application, as well as clear your service account balance, recharge, vouchers and coupons.
5. Privacy Secutiry
a. Respecting your privacy is a fundamental policy of ZEGOCLOUD. Therefore, ZEGOCLOUD will not disclose your registration information or the non-public contents stored in the Services, unless ZEGOCLOUD believes that it is necessary to disclose such information on the basis of integrity in the following situations:
- Obtain your explicit authorization in advance;
- Comply with relevant laws and regulations to provide your service account registration information, content publish on the Website, published time, Internet address or domain name accessed to ZEGOCLOUD’s Website when ZEGOCLOUD is inquired by national authorities;
- Protect the intellectual property rights and other important rights of ZEGOCLOUD;
- Protect your personal and public privacy during emergencies
- In accordance with these Terms or other circumstances deemed necessary by ZEGOCLOUD
b. ZEGOCLOUD may cooperate with a third party to provide you with services related to the Services. In this case, ZEGOCLOUD may provide your information to the third party if the third party agrees to assume the same responsibility as ZEGOCLOUD to protect your privacy. ZEGOCLOUD Services Private Policy can be found on the website.
c. You shall fully respect the privacy of the third party when you provide any charged or free service to the third party by using the Services and you must not use the Services to conduct any behavior that violates the privacy of the third party.
6. Force Majeure
Neither you nor ZEGOCLOUD is responsible for acts, events, omissions or accidents caused by unforeseen, unavoidable and insurmountable events, including but not limited to natural disasters (including earthquakes, storms or other natural disasters), terrorist acts, wars or similar wars Acts, civil disturbances or epidemics, riots, electrical, network or communication interruptions, blockades, embargoes, fires, floods, explosions or malicious destruction, factory or equipment failures, or any laws, government orders, rules, regulations, directives or industry standard changes.
Both you and ZEGOCLOUD shall make efforts to mitigate the impact of the Force Majeure event. If such event continues for more than 60 days, either party may, upon written notice, cancel the unfulfilled services and affected orders. This clause does not relieve you of your payment obligations under these Terms.
7. Guarantee and Use Rules
a. You guarantee that you will comply with national, local laws and regulations, industry practices and social public ethics, when you use the Services or publish content through the Services, and will not use the Services to store, publish or disseminate the following content or information :
- Any content that violates national laws, regulations and policies;
- Political propaganda or news information that violates national regulations;
- Information involving state secrets or security;
- Feudal superstition or obscene, pornographic, obscene information or information that instigates crime;
- Gambling prizes, gambling games;
- Information that violates national ethnic and religious policies;
- Information that hinders the safe operation of the Internet;
- Information that infringes on the legitimate rights and interests of others;
- Information that is detrimental to social order, social security, and public morals.
If you violate the above commitments, the consequences of such behaviors have nothing to do with the Services. If there are accurate records to prove that you have violated the above commitments, ZEGOCLOUD has the right to terminate the service contract with you and request corresponding compensation.
b. You shall comply with all other regulations and procedures of the Services. You will be legally liable for your actions in using the Services. Your legal liability include, but are not limited to: compensation for the aggrieved person, and paying ZEGOCLOUD the same amount of compensation after ZEGOCLOUD first assumes the administrative penalty or liability for tort damages caused by your behavior. If you violate the above regulations, ZEGOCLOUD has the right to immediately suspend or terminate some or all of the services provided to you in its independent judgment, including measures such as freezing or canceling the use of your account.
c. For the information you publish using the Services, ZEGOCLOUD reserves the right of keyword filtering of the information you send and receive according to relevant national laws and regulations. If ZEGOCLOUD found that the content you send violated relevant national laws and regulations, ZEGOCLOUD has the right to conduct acts including, but not limited to, dissuasion, interception, and reporting to relevant state departments.
d. The third party entrusted by ZEGOCLOUD has the right to review the application and content you provide, including but not limited to content review, functional testing, security testing, etc. If ZEGOCLOUD found that the application product you provide does not comply with national laws, regulations, policies, or the application you provide may infringe on the legal rights of others or contain advertising information to other third parties, or other situations that do not meet the requirements, ZEGOCLOUD has the right not to provide the Services to your application. If Services have been provided, ZEGOCLOUD has the right to suspend the Services immediately, and keep relevant records and report to relevant authorities. However, these Terms shall not be regarded as a guarantee of ZEGOCLOUD for the legality of the your application. You should guarantee legality for the your application products by yourself and assume all the responsibilities arising therefrom.
e. If your business or non-business activities through the Services need permission or approval from the relevant state department, you should obtain permission or approval.
f. You shall not modify, translate, publish, adapt, rent, sub-license or otherwise disseminate or transfer ZEGOCLOUD Services and software , nor shall you reverse engineer, decompile, or attempt to use other methods to process any source code of the Services, except with the written permission of ZEGOCLOUD.
g. You warrant that you shall not abuse the Services, including but not limited to infringe intellectual property rights or legitimate interests of ZEGOCLOUD or others using the Services, and you must not provide services that directly compete with the Services to third parties by utilizing the Services. If ZEGOCLOUD discovers that you have violated the Terms, it has the right to take corresponding measures including but not limited to immediately terminating the Services, suspending the Services or deleting relevant information. If a third-party organization or individual raises a question or complaint against you, ZEGOCLOUD will notify you, and you are responsible for explaining and providing supporting materials within the specified time. If you fail to provide contrary evidence or feedback within the time limit, ZEGOCLOUD will take measures including but not limited to immediately terminating the service, suspending the service or deleting relevant information. ZEGO’s failure to contact you due to your failure to update your contact information or incorrect contact information will also be deemed as your failure to provide feedback on time.
h. You understand that the Services are not flawless, but ZEGOCLOUD promises to improve its service quality and level continuously. Therefore, you agree that even if there are defects in the Services, such defects are unavoidable due to the technical level of the industry at that time, and it will not be regarded as a breach of the Services. You agree to work with ZEGOCLOUD to solve the above defects.
Whether there is a contrary agreement, the liability limit for ZEGOCLOUD shall not exceed the fees that you pay for using the Services in the current month. Except for the aforementioned compensation, ZEGOCLOUD shall not be liable for any loss caused to you by the Services.
9. Intellectual Property
The Services, except for the content and technology authorized by a third party, belong to ZEGOCLOUD and are protected by the Copyright Law, Trademark Law, Patent Law, Anti-Unfair Competition Law of the People's Republic of China, and also protected by relevant international treaties and other intellectual property laws and regulations. You can only use the Services under the authorization of ZEGOCLOUD. Without the written consent of ZEGOCLOUD, you cannot edit, copy, or re-engineer the Services contents for any profit or non-profit purposes. You cannot create derivative products related to the Services, or authorize a third party to implement, utilize and transfer the above intellectual property rights by means of transfer or licensing.
ZEGOCLOUD has the right to place various advertisements and promotional information in or through the Services. The names of ZEGOCLOUD products and services mentioned in the Terms may be the trademarks or and other intellectual property rights of ZEGOCLOUD or its affiliates. Without the prior written consent of ZEGOCLOUD, you shall not display or use ZEGOCLOUD products or service names in any way, and you must not show to others that you have right to display them. ZEGOCLOUD respects intellectual property rights and protects your rights.
You may provide content to ZEGOCLOUD through various methods such as posting comments when using the Services. In this case, you own the complete intellectual property rights of the content. When you provide content, you will grant ZEGOCLOUD a free worldwide license to use, disseminate, copy, modify, sublicense, translate, create derivative works, publish and display the content.
10. Information Storage
ZEGOCLOUD endeavors to maintain the security and convenience of all services it provides, but shall not be liable for the deletion or storage failure of the information that appears in the Services (including but not limited to the information posted by you). In addition, ZEGOCLOUD has the right to determine whether your behavior conforms to the requirements of these Terms. If you violate the provisions of the Terms, ZEGOCLOUD has the right to suspend or terminate your use of the Services.
You and ZEGOCLOUD shall keep confidential each other party’s trade secrets and information, the contents of the Services and Terms, and the relevant information and exchange documents generated during your use of the Services (collectively as "confidential information"). The confidential information shall not be disclosed, given or transferred to any third party without prior written consent. This Confidentiality clause shall not be terminated by the termination of these Terms.
All notifications to you can be delivered via email, regular mail, or announcements at the appropriate location of ZEGOCLOUD Service. ZEGOCLOUD Service will deliver a message to you in one of the above ways to inform you of the modification of the service agreement, product or service change, or other important matter.
In order to provide you with a timely and comprehensive understanding of the services provided by ZEGOCLOUD, you agree that ZEGOCLOUD may send you various commercial short messages, emails, for many times and for a long period of time without obtaining your separate consent.
- The conclusion, validity, interpretation, performance and dispute settlement of these Terms shall be governed by the laws of the People's Republic of China.
- Both parties agree that the signing place of these Terms is Nanshan District, Shenzhen City, and agree to submit any disputes arising from or related to these Terms to the court with jurisdiction at the signing place (including any non-contractual obligations related Dispute or claim).
The data stored by ZEGOCLOUD on its servers is your only valid credential for using the Services unless you have other proven credentials.
These Terms shall be implemented from the date of publication and is mutually agreed between you and ZEGOCLOUD. ZEGOCLOUD's failure to exercise its rights in time or fully exercise its rights under these Terms or in accordance with the law shall not be regarded as a waiver of this right, nor shall it affect ZEGOCLOUD's future exercise of this right.
If you have any questions, you can give us feedback through online customer service or contact sales. We will review and reply as soon as possible.