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Terms of Service

Last updated on: March 15th, 2017
Welcome to use the website and Services of TalkingData. The website of TalkingData refers to the websites providing internet information, products and Services with the brand of TalkingData, including but not limited to www.TalkingData.net, www.appcpa.co, www.talkinggame.com, www.tendata.com and so on (hereinafter referred to as “website” or “this website”).This website and its Services are provided by Beijing Tendcloud Tianxia Technology Co.,Ltd and its affiliates (hereinafter referred to as “TalkingData” collectively) in accordance with terms and conditions as below. When you visit this website or accept relevant Services from this website, please read and understand all the contents of this Terms of Service (hereinafter referred to as “Terms”) carefully. You (or refer to as “user”) shall also read and learn other terms and conditions (including but not limited to user instruction, privacy policies etc.) which shall be complied with during the process of service provision to you. Your visiting, browsing this website, or registering and logging in this website by ticking ‘agree’, or using the Services provided by this website in any way, shall be deemed as your agreement to be bound by this terms and other terms and service norm.

1.Precondition of Services

1.1 This website and service will only be provided to natural person over 18 years old with full civil capacity of act and legal person legally registered and validly existing in accordance with the law of residence. We may suspend or stop providing our Services to you if you do not comply with our terms or policies.1.2 You shall provide current, full and accurate registration information to TalkingData in order to obtain registration account and password provided by TalkingData If you use the Services of this website. During the use of our Services, you undertake to update your registration information to TalkingData at any time.TalkingData shall not be responsible for incorrect, false or incomplete account information and reserves the right to terminate the Services at any time.1.3 In order to keep confidential of your account, you shall take necessary measures to limit unauthorized use/access to your computer or mobile devices, and make sure your password shall not be disclosed to any third party. You agree to be responsible for all activities under your account or logged devices. You shall be obliged to notify TalkingData immediately and change password to ensure the safety and ordinary use of account if you lose or leak the account and password.TalkingData shall not be responsible for any loss, liability and right claim arising from unauthorized use of your password.

2.Services Content

TalkingData shall provide Services as below for users in accordance with Services norm (if any), Services agreement executed then (if any) and this Terms it published:2.1Analysis Service“Analysis service” refers to the data statistics and analysis service provided by TalkingData through its data analysis tool (no matter SDK, short chain, code tracing or any other means). Such service shall be provided in accordance with current function situation of data analysis tool and used in accordance with your requirements. Current analysis Services include:
1) TalkingData Analytics
2) TalkingData Game Analytics
3) TalkingData Ad Tracking
4) TalkingData Brand Growth
During this service, you shall agree to use TalkingData analysis tools in your products (including but not limited to mobile app terminal, mobile website, app platform and other terminals acknowledged by TalkingData available to provide service) and obtain necessary agreement or license (User Authorization) by means of service agreement, license agreement or others from users of your products to ensure TalkingData analysis tool has the right to collect original data of usage of your product. Meanwhile, you shall entitle us the non-exclusive, global, free, permanent, irrevocable rights to these data, which can also be further licensed and used. Subject to the above, TalkingData analysis tool will provide online product analysis report from various angles through our website to meet your requirements of monitoring, statistics, evaluation and improvement of the products. or other user information necessary for provision of service. You fully understand and agree that the User Authorization is the necessary premise for using TalkingData service. TalkingData shall have the right to monitor and ensure getting User Authorization, and is entitled to stop the service for the product without User Authorization.Except for the special agreement between TalkingData and you, TalkingData reserves the right and enjoys the interest of ownership, use right and intellectual property to data report made by this analysis service. You have the right to use for purpose of this service only.2.2Industry Report ServiceTalkingData will irregularly and publicly publish industry data analysis report or results and provide users with free industry data analysis report or results on our data observatory or exclusively customize industry data analysis report or results (hereinafter refer to as “industry report”) in accordance with user’s requirement. You could visit this website to browse industry report or buy the industry report you need.TalkingData enjoys legal copyright or corresponding authorization to industry report published by itself or customized for user. Please respect the right of TalkingData or original copyrighter when you browse, buy and use these industry reports, and you may not use them for any commercial purpose without written authorization. Any illustrative reference or commercial use after authorization shall be marked with TalkingData and copyrighter as source.2.3TalkingData DMPTalkingData DMP constructs the data center for large scale of third party group and forming TalkingData TDID. You could match TDID through TalkingData DMP and buy the mark information of your specified data.TDID is obtained through collecting large amount of mobile terminal data of audiences, anonymization and intelligent operation, and ultimately displayed in statistical analysis data, contains no personal privacy or identifiable data of any audience.2.4Smart Data MarketSmart Data Market is an online platform where the data demand-side can get / use the demanding data in legal way.Smart Data Market facilitate the data using authorization as well as online transaction which are produced and/or processed by TalkingData itself or authorized to deal by the third lawful rights owner.You are required to comply with the specific Terms of Service before accept Smart Data Market service and make sure that you have fully understood the transaction description and usage requirements before each transaction is confirmed. Besides, you must use the Smart Data Market and data within the permission of law as well as the scope described in transaction.

3.Service Fees

TalkingData service is divided into free service and chargeable service. As to chargeable service and its charge manner, please see each product page’s introduction for details and the written agreement finally made between parties shall prevail.TalkingData reserves the right to change the charge manner and standard at any time, except for the service of which the price has been determined by written agreement executed.

4.Representations and Warranties

During the use of this service, you represent and warrant to TalkingData that:4.1 You have obtained fully necessary authorization to accept this Terms and perform the obligation hereof;4.2 When you use TalkingData service or allow TalkingData to collect, store, process and use data obtained from your product terminal user or your other partner in accordance with this Terms of Services, whether during the trial or formal service stage of TalkingData, you have obtained fully necessary authorization, consent and permit and will not conflict with any agreement or document executed between you and third party or infringe any right of third party;If your product terminal user or partner revokes such authorization and permit, you shall take necessary technical measures to stop using this service against the above product terminal user or partner and notify TalkingData in written immediately. TalkingData will delete the data provided by your product terminal user or partner in the controllable range as practical as possible from the date of its receipt of the notice, except for the published product analysis report or industry report made by using such data.4.3 You have complied and will comply with applicable laws, regulations and supervising requirements, including but not limited to policy relevant to personal information protection and privacy protection.

5.Limited Use Permit

During your use of TalkingData service, except otherwise provided, TalkingData hereby authozizes you with a limited, non-transferable, non-subcontractable and revocable permit to use the software, platform or report provided by TalkingData and also included in service from TalkingData. Except for the following restrictions are forbidden by law or you have obtained written permit from TalkingData, you may not:
(i) transfer, sell or lease the service or included software, platform or report of TalkingData or any part of it;
(ii) amend, compile or derive from software, platform and report;
(iii) spread or publicly present service or included software, platform or report of TalkingData;
(iv) reverse-engineer or try to obtain the source code of such software in other way;
(v) use for purpose other than those specified in this Terms of Services or mutual agreement in written.
You hereby agree to authorize TalkingData to use your company name, trademark, service mark and/or business mark for commercial promotion on website, in commercial material and news report.

6.Copyright

All content included in or from TalkingData service, such as text, chart, mark, button icon, image, audio clip, digital download, data compilation and software are the properties of TalkingData or its content provider and protected by Chinese and international copyright law. All softwares provided by TalkingData are propertiers of TalkingData or its software provider and protected by Chinese and international copyright law.Meanwhile, TalkingData respects others’ intellectual property. If you think some usage of your product in relevant information has violated your copyright, please notify us timely through the customer service telephone published on TalkingData and we will deal with it in accordance with copyright infringement complaint procedure provided by existing laws and regulations.

7.Trademark Right

Chart, mark, page header, button icon, text, service name included in or provided by this website are all trademark, registered trademark or trade dress of TalkingData. These trademarks or trade dress may not be used in any product or service unrelated to this website or its affiliates in any way which may cause customer’s confusion or defamation of TalkingData. Without written permit of TalkingData, no content on this website shall be interpreted as entitling permit or the right to use trademark appeared on this website impliedly or otherwise.

8.Privacy and Information Collection

As a precondition for you to use TalkingData service, you agree that TalkingData has the right to collect, keep and anonymously use the data obtained through this service in an unidentifiable way in accordance with its privacy policy. The privacy policy of TalkingData please seehttps://www.talkingdata.com/privacy.jsp for details, which is important part of this Terms of Service.You agree to comply with laws and industry standard applicable in your residence for data collection and protection of product terminal user, and ensure that your usage of our service complies with provisions of such laws and industry standard.As user of TalkingData analysis service, you must formulate and publish your privacy policy which shall be accepted by your product terminal user. Such policy shall not be lower than privacy protection standard of TalkingData, especially:
(i) notify that you have third party partner (namely TalkingData) and collect, store, process and use data of your product terminal through certain technical way, and explain its necessity;
(ii) (i) do not collect personal data information from juveniles, if you are app developer facing to juveniles, you shall ensure that the app is used under adult’s guardianship.
We will use common and reasonable standard of the industry to protect the safety and confidentiality of the data we collected.

9.Amendment and Termination of Services

TalkingData is always changing and improving its Services. TalkingData may add or delete certain service function, or suspend or terminate certain service. As to users for free, you may terminate using TalkingData Services at any time and TalkingData may terminate the Services to you at any time, or add or set new limitation to TalkingData Services at any time. However, as to users for chargeable Services, if TalkingData changes or terminates certain service, if possible, TalkingData will send reasonable notice to users in advance and let them know and agree with such change, and allow user to copy and transfer its data left in TalkingData (if service terminates).If user violates the norm under this Terms of Services, TalkingData has the right to terminate its Services to user at any time without prior notice.

10.Limited Liability

TalkingData is responsible for providing Services under status of “as-it-is” and “accessible”. However, TalkingData Services does not make any warranty, expressly or impliedly, including but not limited to the feasibility, no error or non-negligence, continuity, accuracy, reliability and applicable to certain purpose of TalkingData Services. Meanwhile, TalkingData makes no commitment and guarantee on the validity, accuracy, correctness, reliability, quality, stableness, completeness and timeliness of the technology and information related to its Services.TalkingData shall not be responsible for any delay, stagnation or mistake of information and data provided by this website caused by failure to visit this website due to network congestion, others’ deliberate damage, ordinary system maintenance and upgrading, or any force majeure event which may affect the ordinary operation of the internet, including government conduct, such as change of policy or regulation, disaster or war, suspension of communication line, hacker attack, computer virus, technology adjustment by telecom department, temporary suspension of website by government regulation .TalkingData shall not be liable for users’ failure in saving, amending, deleting or storing the data. TalkingData shall not be responsible for its unintentional composing mistake, negligence on the website not arising from the willfulness of TalkingData either.

11.Governing Law

You agree that this Terms of Services and use condition as well as any dispute between you and TalkingData shall be governed by the laws of the People’s Republic of China.

12.Dispute Settlement

Dispute in any form between you and TalkingData shall be settled through amicable negotiation, and where it fails, either party has the right to submit the dispute to Beijing Arbitration Commission for arbitration in Beijing in accordance with its arbitration rules effective then.

13.Amendment and Severability of Terms

In order to improve our Services better and well comply with relevant supervisory policy, we may amend the above terms at any time. Please check these terms regularly. We shall publish the amendment notice of these terms on the webpage and mark the last amendment date. If you do not agree with our amendment, you shall stop using Services from TalkingData immediately. If any provision of this term is deemed as abolished, invalid or unenforceable for any reason, such use condition shall be deemed as severable and shall not affect the validity and enforceability of the remaining term.

14.Force

This Terms of Service is the general term for users to use the service of TalkingData, which will have legally binding effects upon users’ acceptance of the service, and is an important part of written agreement executed separately between the user and TalkingData. The written agreement shall prevail if there is any inconsistency between this term and written agreement.