Terms of Service
Last updated on: Nov. 21, 2018
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” or “We” 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 accepted and 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 accept “ Implied Term” in this Agreement or other Rules (including but not limited to service description and help clause), by ticking ‘agree’ or using the Services provided by this website in any way, or agree in a way approved by You and TalkingData shall be deemed as your consent to be bound by this terms and other terms and service norm.
1. Precondition of Services1.1 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 Unless specifically stipulated on our website that this is an overseas/international product, this service is only available in mainland China.1.3 You shall provide current, full and accurate registration information (including but not limited to your name, contact number, email address, QQ, etc.) to TalkingData when you use the Services of this website, and your information shall be verified in order to obtain registration account and password provided by TalkingData Services.1.4 You shall ensure the truthfulness and validity of your information. During the use of our Services, you undertake to update your registration information to TalkingData at any time. TalkingData will not be responsible for any issue as a result of limit, suspend or terminate your Services if there is any incorrect, false, outdated or incomplete information, or TalkingData has reasonable grounds to suspect the information is incorrect, false, outdated or incomplete.1.5 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.1.6 TalkingData account shall be only used/accessed by original registered user; you may not borrow, handsel, rent, sale or any other means to disclose your account to any third party without the written consent of TalkingData. You will bear all consequences of any action above.1.7 When you decide to terminate the service, you can apply for cancellation of your account according to our process. After your cancellation, TalkingData would stop providing Service and delete your personal information according to your requirements, unless otherwise specified in laws or/and regulations.
2. Services ContentTalkingData 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:2.1 Analysis 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
5) TalkingData Smart Marketing CloudDuring 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.2.2 Industry 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.2.3 TalkingData 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.2.4 Smart 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.2.5 Consulting1) SolutionFor the current challenges faced by enterprises shifting towards mobile, TalkingData Consulting provides solutions on product strategy, product-operations, and integrated solutions for data-centric operations. We provide result-based evaluations that help enterprises improve ROI and eventually creating more business value.2) PSOPSO includes Data Analysis Service, Industry Research, Data Modeling and Data Engineering Solutions. When you use the related service, you should comply with the terms of 2.1 to 2.2 of these Terms of Service.PSO could also help enterprises to build intelligent smart data platform, and develop product marketing programs, mobile operations consulting and other data-driven business consulting Services. In these Services, if the aforementioned mobile APP and / or consulting solutions (hereinafter referred to as " Consulting Service Achievements") are independently developed or produced by TalkingData, and the property and other relevant legal rights and interests are owned by TalkingData, You have the right to use this service for the purpose of agreement only; If the above Consulting Service Achievement is completed by TalkingData and You, the intellectual property rights and other relevant legal rights will be implemented according to your cooperation agreement with TalkingData.2.6 TalkingData University(TDU)TDU is committed to creating a theoretical and practical data science learning platform; which relies on TalkingData's massive data assets and powerful data science tools, as well as its business partners, to cultivate data scientific elite in the global area. TDU will establish and build TDU community interactive platform, and you also agree to abide by the "Community Interactive Code of Conduct"TDU Service:1)Online CourseTDU introduces high quality courses at home and abroad to provide online course service. To ensure that you can obtain simpler, faster, and better service, TalkingData will provide different course based on the user type you choose (including but not limited to individual user, business user, premium user, register user and guest), and you can find more details in TDU product description page. You can obtain the relevant course content which you are interested in, but TalkingData is not committed to your satisfaction with your needs. TalkingData provide online course audition and you can choose your interested course on the TDU platform and decide whether to purchase (you can find more details in corresponding course page). You understand and agree that the Online Course are virtual services. Once purchased, you shall not request a refund.You agree that, the online course and related materials you obtained on TDU platform can only be used personally for learning purposes ("course use"). Except for the course use aforesaid, you may not copy, rip, edit, modify, reproduce, download, disclose, lend, rent, sell any video, audio, text, images, or any other online course content or related materials for any purpose without the written consent of TalkingData. You may also not disclose the online course content or related materials to any unauthorized party. You may bear all legal consequences of any action above.To make sure your access to more course, TalkingData may provide course displayed as third-party links (“Third Party Course”); You fully understand and agree that these Third Party Course are produced by third party and TalkingData has no right to decide these course content, meanwhile TalkingData assumes no responsibility for these course content. TalkingData will make clear mark on the corresponding page so that you can recognize that whether the course is from third party. TalkingData suggest you carefully and cautiously select course content. Unless otherwise specified in laws or/and regulations, you shall be responsible for the transactions (if any) performed under these third party links. TalkingData shall not bear the liability for damage directly or/and indirectly caused by transactions above or content provided by third party.2) Talent DevelopmentTDU relies on TalkingData's open source data science exploration platform to provide training and service program fit for your entire career, including pre-employment data contests, research projects, job internship opportunities, employment services, post-job UGC community, offline activities, career counseling etc. You can find more details in TDU Talent Development page. TalkingData has right to reach a specific service agreement with you to define the rights and obligations.
3. Service FeesTalkingData 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 WarrantiesDuring 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 clearly understood that the Service provided by TalkingData can only be used in mainland China unless otherwise stipulated. If you are located outside of mainland China or your product (which uses TalkingData’s services) is provided to end users outside of mainland China, you may be under different regulatory and jurisdictional requirements for the collection, storage, use, and sharing of data and personal information. You promise that you have complied and will comply with regulatory and jurisdictional requirements, including but not limited to policies relevant to personal information protection and privacy protection. Besides, you shall also comply with Article 9: Overseas Personal Information Protection Compliance Commitment.
5. Limited Use PermitDuring 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.
Meanwhile, As a necessary condition for the services provided by TalkingData, You agree to ues TalkingData’s services in a manner expressly permitted by applicable laws and regulations，And it will not be used for any infringement, illegal or criminal purposes, Neither has the services of TalkingData contributed to or assisted in any act of infringement, illegality or crime. In particular, where the TalkingData service allows or requires you to fill out web links and/or upload data or other content (hereinafter refer to as “user content”)，you should ensure that the user content and its indirect content are legal and compliant, and there is no content that is infringing, illegal, or related to the violation of the crime.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. CopyrightAll 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 RightChart, 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.
(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) 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. Overseas Personal Information Protection Compliance Commitment.You understand that TalkingData has taken the necessary technical protection measures and will continue to improve these measures to meet current and future compliance requirements regarding protection of personal information in mainland China. However, depending on the scenario in which you actually use TalkingData’s service and the fact that there is no mature technical solution to completely avoid collecting and/or processing personal data of end users from overseas, TalkingData prompts you to comply with all relevant data collection laws, data protection laws, and industry standards in your business location and/or your product’s end user location. In particular, TalkingData prompts you to comply with the “General Data Protection Regulations of the European Union” (GDPR), which means you should have an appropriate legal basis for processing personal data of EU subjects, and satisfy the obligations of Controller and other requirements under GDPR.You promise that you have a full awareness and understanding of the circumstances where your product may involve the processing of personal data of overseas end users. You also promise that your product is compliant with the overseas personal information protection laws and industry standards and your use of our Service is in full compliance with such laws and industry standards.Therefore, you agree to take all corresponding compliance risks and consequences. If TalkingData is subjected to any form of claims, appeals, complaints or penalties, you would be responsible for fully resolving these disputes and fully compensating TalkingData for any possible loss.
10. Amendment and Termination of ServicesTalkingData 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.
11. Limited LiabilityTalkingData 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.
12. Governing LawYou 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.
13. Dispute SettlementDispute 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.
14. Amendment and Severability of TermsIn 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.
15. ForceThis 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.
16. CommunicationTalkingData will contact you by email, SMS, or by posting notices or other Services on the Service / Website. You agree that all the ways in which TalkingData provide agreements, notices, disclosures and/or other information to you are comply with applicable laws and regulations. If TalkingData sends you such information in such form or on the Service / Website, you would be deemed to have received all these agreements, representations, disclosures and/or other information.TalkingData has right to interpret and modify this Agreement to the fullest extent permitted by law. If you have any feedback or advice on TalkingData and the service, please contact customer service center.Customer Service: 400-870-1230