User Agreement
Dear users
Welcome to “APTROCK” App and use relevant services. “APTROCK” App is an application program (including but not limited to PC, web and mobile versions thereof released or to be released by the Company) legitimately owned and run by “Four Quadrants Enterprise Development (Shanghai) Co., Ltd.” (hereinafter referred to as the Company or We/us). The Company gives technical support to the development and operation of “Four Quadrants Enterprise Development (Shanghai) Co., Ltd.”, and has all rights regarding all data and information incurred by the development and operation of the “APTROCK” App and relevant services within range permitted by laws and regulations.
I. Terms and Definitions
1.1 In this Agreement, the following Terms and Definitions apply
• “App” means the mobile application program which the User Agreement relates to
• “User(s)” mean all the individuals or entities that download, install and use the “APTROCK” App
• “Third-party service(s)” mean all the “APTROCK” services that are provided by third party
• “Device(s)” mean mobile devices for installing and running the “APTROCK” App
II. Access of Software and Service
2.1 To use the “APTROCK” App and relevant services, you may download the “APTROCK” App by accessing “APTROCK” site or URL in the e-mail sent by us after you purchase our service. If you do not source the “APTROCK” App and relevant services from the Company, the Company shall not guarantee that you can normally use the software and relevant services and have no relevance to all the losses thus caused to you.
2.2 You understand and agree, you shall need to prepare a device (e.g., PC, smartphone) in connection with the software and relevant services for using the “APTROCK” App and relevant services, and once you open the “APTROCK” App or access “APTROCK” site by your device, it shall be deemed as your use of the “APTROCK” App and relevant services. In order to fully enable all features of the “APTROCK” App, you may need to connect your device to the Internet, at your expense (e.g., data fee, Internet access cost).
III. Update and Change of Software and Service
3.1 For better user experience and service, the Company will update or change the “APTROCK” App and relevant services (including but not limited to software change and upgrade, enhanced feature, new service development, software update) at irregular intervals, and you may choose whether to update related version on demand. If you choose not to update, you may get restrained from or deprived of using some features of the “APTROCK” App and relevant services.
IV. Acceptance of Agreement
4.1 Users, downloading, installing and using the “APTROCK” App, are deemed to accept this Agreement and agree to abide by all terms therein.
4.2 Users that disagree with this Agreement or any terms therein shall stop using the “APTROCK” App instantly.
V. Software License
5.1 The Company grants users a limited, non-exclusive, non-transferrable, non-subdelegable, and non-commercial license to use features and services of the “APTROCK” App.
5.2 Users shall not
• -Delete or modify any information in the “APTROCK” App or copies thereof;
• –Decompile, disassemble, or decode the “APTROCK” App, or make any other attempts to access source code
• -Disrupt or try to disrupt security characteristics of the “APTROCK” App in any way
• -Use the “APTROCK” App for commercial purposes without authorization;
• -Give out, sell or transfer the “APTROCK” App without authorization
• -Violate China’s laws and regulations, or infringe on legitimate rights and interests of others
VI. Enterprise Service
6.1 If you are an enterprise or organization (hereinafter referred collectively as the Enterprise”, we may otherwise ink an agreement with you or designate your account with specific features/permissions for providing services peculiar to you (hereinafter referred to as the Enterprise Services). Concerning the Enterprise Services, you will specially assign employees to access and use the Enterprise Services by opening a staff account.
6.2 You shall see that the list of staff accounts entitled to use the “APTROCK” App and relevant services be updated in time, and take appropriate actions to limit unauthorized employees from accessing and using each authorized staff account for accessing the “APTROCK” App and relevant services. Accessing the “APTROCK” App and relevant services via any staff account shall be deemed as your conduct.
6.3 While granting permission to any of your employees, you may need to provide the employees’ personal information to us; ensure that you have legal access to and have right to provide us such personal information.
6.4 You’ll require your employees to use the “APTROCK” App and relevant services in accordance with requirements in this Agreement, and not to use the “APTROCK” App and relevant services for non-enterprise purposes (if so, you shall take liability for any consequences thus caused); and you shall compensate any losses or indemnities resulting from any claims filed by any of your employees to their own name, sparing us from any losses whatsoever.
VII. Third Party Service
7.1 The APTROCK” App may integrate third party services, e.g., social media. While using such services, users shall abide by relevant terms and policies of the third party service provider.
7.2 Users shall bear the risk resulting from using the third party services on their own, and independently resolve problems in connection with the third party services
7.3 The “APTROCK” App gives no pledge and bears no liability for the availability, safety and accuracy of the third party services
VIII. Data and Privacy
8.1 While using the “APTROCK” App, users may need to provide personal information. The Company will protect and use personal information of users in accordance with the Privacy Policy.
8.2 Users agree that the “APTROCK” App may collect and use device information, location information and other data for providing and optimizing relevant services.
IX. Disclaimer
9.1 Unless otherwise specified, to the extent permitted by applicable laws, we bear no liability for you or anyone else whatsoever, including but not limited to losses or any indirect, consequential, punitive, occasional, special or penal damages that arise out of or relate to your use or access of the “APTROCK” App (e.g., profit loss, property loss, any proceedings, damage to computer system or data loss in consequence of your use of the “APTROCK” App and relevant services).
9.2 Users understand and agree on some risks in the use of the “APTROCK” App, including but not limited to: information leakage, data damage or loss. Users shall bear such risks on their own while using the “APTROCK” App.
9.3 Unless otherwise prescribed by laws and regulations, the extent of liability taken by the Company is categorically not beyond fees you pay to the Company during your use of the “APTROCK” App and relevant services (if any), regardless the reasons or acts.
9.4 You understand and agree that the “APTROCK” App may, subject to various uncontrollable factors, such as force majeure and device breakdown, suspend working or work abnormally, in which case, the Company will instantly take remedial actions to the best of its endeavor, but shall be spared from taking liability for pause, suspension, or cease of services owing to force majeure or any losses thus caused within the range permitted by laws and regulations.
9.5 You understand and agree that the “APTROCK” App may contain URL linking to third party sites or resources, but the Company is under no liability for the accuracy, security and legitimacy of such third party sites or resources.
9.6 You understand and agree that this Agreement is aimed at ensuring compliance with relevant laws and regulations, upholding public order and good customs, and safeguarding your and others’ legitimate rights and interests. Within scope of capabilities, the Company will make judgment in accordance with relevant laws and regulations with utmost effort, but give no pledge on the consistency between the judgment of the Company and that of judicial organs and administrative organs, and you have understood and agreed to bear all the consequences thus caused.
9.7 The Company may and has the right to adjust the URL for accessing information or information contents by law, including other services legally run by the Company and affiliate(s) thereof, but the Company will not illegally collect and use your additional information or contents without your consent. You understand and agree that while using third party software and relevant services in the “APTROCK” App, you may need to agree on and abide by third party policy and relevant rules of use, in addition to this Agreement and other rules of use of the “APTROCK” App. You shall resolve any disputes, losses or damages resulting from the third party software and relevant services with third party, where the Company shall bear no liability for you or any third party.
9.8 You understand and agree that with your password (including the “APTROCK” App login password and physical “lock” password) set, the Company will be unable to recover or reset the password in any way. Please bear in mind and keep the set password, for the Company will not bear any losses or any indirect, consequential, punitive, occasional, special or penal damages that arise out of or relate to loss of password.
X. Interruption, Suspension and Cease of Software and Services
10.1 You understand and agree that the Company provides the “APTROCK” App and relevant services depending on the prior art and conditions. The Company will make all reasonable efforts to serve you and ensure the continuity and security of services. You understand, despite the reasonable efforts of the Company, the “APTROCK” App and relevant services may have defects, error codes and even viruses; and whether the “APTROCK” App can run with relevant services provided may rely on your hardware environment, including hardware device, system, network connection and other uncontrollable factors. The Company is irresponsible for whether the “APTROCK” App and relevant services are compatible with your hardware device, system or network environment, and unable to predict and prevent, at any time or all the time, legal, technical and other risks, including but not limited to suspension and unavailability of the “APTROCK” App and relevant services and other losses and risks owing to force majeure, network, defective third party service, third party site, etc.
10.2 You understand and agree that out of demand for security of service operation and platform operation, the Company has the right to define services/features and modify, interrupt, suspend or cease the “APTROCK” App and relevant services within scope of capabilities.
10.3 Upon the expiry or termination of this Agreement, the software and services may cease operation in whole or part. However, terms of your obligation of compensation, our disclaimer and limitation of liability, and resolutions of disputes in this Agreement shall remain effective.
XI. Miscellaneous
11.1 Laws of the People’s Republic of China apply to the conclusion, validity, performance, explanation and resolution of disputes of this Agreement. If any terms of this Agreement become ineffective for being in a conflict with laws of the People’s Republic of China, such terms shall be redefined and apply on the ground of no violation of laws and on the principle of tallying with purposes of the former version of the terms in this Agreement, while other terms of this Agreement shall remain in force and effective fully.
11.2 For better services or changes required by relevant laws and regulations, policies, technical conditions or product features, the Company may revise this Agreement from time to time, which forms part of this Agreement. The Company will release the updated version of this Agreement and notify you of the update via the site announcement, direct message or any other appropriate manners before the updated terms come into effect, so that you can understand the latest version of this Agreement in time. You may also refer to terms of agreement in the latest version at home of site or page of software settings. If you continue to use the “APTROCK” App and relevant services, it shall indicate that you have agreed to accept the revised terms of agreement. If you disagree with the revised terms of agreement, please immediately stop logging in at or using the “APTROCK” App and relevant services.
11.3 The right of explanation of this Agreement is attributable to the Company
11.4 This Agreement is signed in Fengxian District, Shanghai, People’s Republic of China. Any disputes between you and the Company shall be resolved through amicable consultation. If consultation fails, you shall agree to file the disputes to the People’s Court of Fengxian District, Shanghai for resolution by litigation.
Appreciate you reading this User Agreement with patience, and wish you can enjoy using the “APTROCK” App. Please feel free to contact us at any time if you have any questions about this Agreement.
About Us
The “APTROCK” App and site (https://www.4quad.com) product and service are run by “Four Quadrants Enterprise Development (Shanghai) Co., Ltd.”.
Domicile: Fengxian District, Shanghai
File a complaint or report on protection of personal information and contact the person in charge of operation via: support@4quad.com