Introduction

Welcome to iParllay, a product of IClick Data Technology (Beijing) Limited (Chinese legal name: 爱点击（北京）数据科技有限公司) (the “Company,” “we,” “us,” or “our”), and related services (collectively, the “Platform”). The source agreement identifies the Platform as iParllay and refers to http://m.parllay.cn.

To use the Platform, you must read and comply with these Terms of Service (the “Terms”) and the Privacy Policy. Please read and fully understand these Terms, particularly provisions concerning limitation or exclusion of liability, jurisdiction, governing law, and any separate agreement for enabling or using a particular product or service. The source version may mark limitation or exclusion provisions in bold or underlined text. If you have questions about these Terms, do not click “agree” or proceed. You may contact us at intessa.wan@optaim.com for explanation. Unless you have read and agreed to all Terms, you may not register for or use the Platform.

If you are under 18 years old, read these Terms with a legal guardian and pay particular attention to provisions relating to minors.

1. Scope and Explanation

1.1

These Terms are an agreement between you and the Company regarding your access to, registration for, and use of the Platform and related services. They are intended to clarify and protect the rights and obligations of you and the Company. Under these Terms, the Company administers the source website http://m.parllay.cn (the “Website”) and provides services. Service recipients include individuals and enterprises using the Website and services (each, a “User” or “you”).

1.2

These Terms, together with other terms, rules, policies, or measures relating to use of the Website or services that are updated from time to time (collectively, “Additional Terms”), constitute legally binding agreements between the Company and Users. By checking “agree” and submitting, or by using another button that indicates acceptance, you agree to be bound. If you do not agree with any term, do not click that button; you will then be unable to use Website services or information. We may modify Website materials and services and may change the Terms. Changes will be published on the Website or notified to Users by email. If you are dissatisfied with a change, you may stop using the Website and services or terminate your account. Continued use means acceptance of the new change.

1.3

A User agreeing to these Terms must be a lawful enterprise, other organization, or individual. You must have full rights and capacity to enter into these Terms and perform your rights and obligations under them.

2. Services, Payment, and Invoices

2.1

If you select paid Website services, the Company will arrange for business personnel to coordinate contracts, payment, and invoices with you.

3. Account Registration

3.1

When registering, you must provide complete, truthful, accurate, current user information, including a mobile number, registration email address, and company name. If information is incorrect, untrue, outdated, or incomplete, and the Company knows or reasonably suspects this, the Company may suspend or terminate your account at any time and refuse current or future use of all or part of the services.

3.2

If an account name includes, among other things, content that violates laws and regulations; harms national honor or interests, public interests, or national security; incites ethnic hatred or discrimination; undermines national unity; promotes cults or superstition; spreads rumors; disrupts social order; disseminates obscenity, pornography, gambling, violence, murder, terrorism, or criminal incitement; insults or defames others; or infringes lawful rights and interests, the Company may terminate the account without notice.

3.3–3.5

If you have registered and use the Platform, you must provide complete and accurate registration information and keep it current. On successful registration, you receive a unique account, which identifies you. You must safeguard your account and password. Any operation or instruction made using your account and password is deemed made by you. Risks and losses resulting from impersonation, theft, or unlawful use of account or password information for reasons attributable to you are your responsibility.

3.6 Account Cancellation

You may stop using the Platform and cancel your account at any time. Following cancellation, you cannot continue to use the service, and rights and obligations between you and the Company end, subject to the following:

1. Property benefits associated with the account become invalid;
2. You remain responsible for breaches, infringements, or unfinished contracts existing before cancellation; and
3. After successful cancellation, the Company may permanently delete data from servers. Account records and functions cannot be restored or provided. If the Platform or services stop, terminate, or are cancelled, the Company has no obligation to return data.

4. User Rules and Use

4.1 Platform Description

The Platform provides software and services for marketing lead acquisition, lead nurturing, customer management, community operations, mini-program e-commerce setup, and connected marketing and sales automation.

4.2–4.3 Availability and Disclaimer

Given the nature of the Internet industry, the Platform is provided on an “as is” and “as available” basis. The Company does not guarantee that the Platform or services will be uninterrupted by network failures, and does not warrant timeliness, security, or accuracy.

You are responsible for your use of the Platform and resulting outcomes. This includes the risk that: results may not accurately reflect actual conditions; third-party products, services, materials, or other items obtained through the Platform may not meet expectations; third-party websites linked through the Platform may carry security risks; third parties may collect or use personal information; downloaded or otherwise obtained materials may present risks; and other risks unrelated to services we provide.

4.4 Resources

Materials and information provided through the Website and related services, whether or not directly supplied to you, including documents, charts, and images that are not your own materials (collectively, “Company Resources”), belong to the Company. You may use available information only to the extent reasonably necessary for the purposes of these Terms and for personal use. You may not appropriate, transfer, or otherwise dispose of Company Resources.

Except as otherwise stated, you may not modify, edit, copy, adapt, or disclose Company Resources. If you breach these Terms, the Company may terminate these Terms without prior notice. You must compensate the Company or third parties for losses you cause.

4.5–4.10 User Content and Conduct

You are fully responsible for the legality, truthfulness, accuracy, and completeness of all information, data, documents, software, audio, images, video, and collected data communicated, submitted, or disseminated through the Website or services, whether public or confidential and whether belonging to you or survey participants. If a third party objects, the Company may delete relevant content based on the circumstances and may pursue legal responsibility. You are responsible for all damages caused to the Company or any third party.

You are fully responsible for all user information, including information uploaded, published, emailed, communicated, or disseminated through your account or authorized activities. The Company is not responsible for the truthfulness, suitability, or legality of content, errors or omissions, or resulting losses or damages.

You may not upload, publish, send, or use information that is unlawful, harmful, threatening, maliciously defamatory, offensive, infringing, defamatory, vulgar, insulting, obscene, abusive, or objectionable on privacy, racial, ethical, or other grounds; infringes a third party’s patents, trademarks, trade secrets, copyright, or other intellectual-property rights; is subject to legal, contractual, or fiduciary restrictions; contains spam, chain letters, pyramid schemes, or similar solicitation; impersonates another individual or group; interferes with the Website, services, servers, or networks; excessively uses or impairs Website operations; damages or attempts to damage the Website or services, including through denial-of-service or reverse-engineering activity; distributes viruses or similar destructive programs; or posts questionnaire links in unrelated message boards, newsgroups, or unauthorized websites.

If you use Website services to send surveys, you must not mislead recipients into believing that the Platform can associate collected surveys and personal information. Where needed, you must obtain recipients’ separate consent.

The Company may cooperate with government agencies or other competent authorities in investigations into use of the Website and services. As required for an investigation and subject to applicable laws, the Company may disclose user information and other content relating to a User or use of the Website and services. The source agreement states that the Company assumes no liability for such disclosure.

5. Indemnification

You must fully indemnify the Company, its affiliates, officers, staff, employees, service providers, and agents against third-party complaints, claims, liabilities, and expenses arising from: your use of the Website, Website services, information, materials, survey or poll results, or collected information; third-party use of your account, whether or not authorized by you; your breach of these Terms, representations, or warranties; or your breach of applicable laws, regulations, or regulatory documents.

6. Termination

6.1–6.4

These Terms take effect when you begin using the Platform and services and continue until terminated. If either party materially breaches these Terms and does not remedy the breach within ten days after written notice from the non-breaching party, the other party may terminate the services.

When these Terms terminate for any reason, you must immediately stop using the Website and services. The Company may take reasonable and necessary measures to prevent continued use, including blocking IP addresses. Following termination, the Company may, but is not obliged to, retain user information, including questionnaires, poll results, or collected data, or provide the same information to you.

If services terminate because you materially breach obligations under Sections 5, 6, or 7, you are not entitled to a refund.

7. Platform and Service Terms

7.1–7.7

The Company may change, temporarily or permanently suspend, or terminate Website services or a User’s use, and modify, suspend, or delete the Website or relevant sections. For changes with significant negative impact, the Company will give reasonable notice on the Website. If a refund is involved, apply within the period specified in the announcement; the Company will handle the refund according to the commercial contract. If you fail to apply within that period, the Company has no responsibility to you or third parties for remaining account fees.

If a User excessively uses the Website or services, the Company may take necessary measures, including restricting or stopping use or cancelling registration and terminating the agreement. The Company may pursue legal responsibility and compensation for serious damage.

The Website and services are provided “immediately,” “effectively,” and with permitted defects. The Company is not responsible for lost, deleted, unreceived, unprocessed, or unpreserved user information, including questionnaires, poll results, and collected data. Information, software, products, and services may contain inaccuracies and unavoidable errors. You must determine their accuracy, reliability, completeness, and usefulness.

The Company makes no warranty or representation regarding the suitability, reliability, usefulness, timeliness, quality, freedom from viruses or other harmful components, or accuracy of the Website, services, information, software, products, or services. To the maximum extent permitted by law, the Company and its affiliates, officers, staff, employees, service providers, and agents disclaim all express or implied warranties, including implied warranties of non-infringement and fitness for a particular purpose.

8. Limitation of Liability

8.1–8.3

The Company, its affiliates, officers, staff, employees, service providers, and agents are not liable for direct, indirect, punitive, incidental, special, or consequential damages, including loss of profits, revenue, use, data, or costs, related to or arising from these Terms, whether in contract, tort, strict liability, or other legal theory, even if advised of the possibility of damage. This includes damages arising from use or performance of the Website or services; delays, failures, or inability to provide information; information, software, products, or services included in or obtained from the Website or services; unauthorized use or alteration of transmitted materials or data; threatening, defamatory, obscene, abusive, destructive, or unlawful content or products; third-party use of Website or service content; or dissatisfaction with any part of the Website or services.

Notwithstanding the above, where an amount must be paid under these Terms or any recovery theory, the Company’s total amount will not exceed the fee actually received by the Company for the relevant single transaction.

Absent these limitations, the Company would be unable to provide the Website or services, even where a provision requires a remedy or fails of its essential purpose.

9. Intellectual Property

The Platform and services, and all information and screenshots, including documents, services, Website design, text, charts, trademarks, images, avatars, and their arrangement, are owned by the Company, its affiliates, or third-party licensors. Except as required or limited by applicable laws, copying, dissemination, modification, forwarding, or publication of copyrighted materials is prohibited without written permission from the owner or licensor. The Company retains final interpretation rights for Website or service matters not expressly authorized. These Terms prohibit allocation or transfer of intellectual property by Users. Company Resources and other content obtained through services may be subject to third-party intellectual-property rights.

10. Personal Information and Privacy

10.1–10.2

Protecting user personal information is a basic Company principle. The Company will take reasonable measures in accordance with law to protect personal information and will collect, use, store, and share it according to these Terms and the Privacy Policy. If these Terms conflict with the Privacy Policy, these Terms prevail; where these Terms do not expressly address personal-information protection, the Privacy Policy applies.

Without your consent, the Company will not disclose personal information to any company, organization, or individual outside the Company, unless otherwise required by laws or regulations. The Company will use security technologies and procedures and establish management systems to protect personal information from unauthorized access, use, or disclosure.

10.3

You agree that the Company may use your personal information for:

1. registration, verification, and service upgrades;
2. improving security or providing customer support;
3. using, and displaying to you and other users through the Platform, information such as nickname, avatar, email address, mobile number, and related Platform information based on authorization for WeCom, Official Accounts, or similar services; and
4. providing relevant information to a third party or other User where you choose or agree when registering for or enabling a service or function, or request that the Company or a third party provide a specific service.

10.4

The Company values protection of minors’ personal information. If you are under 18 years old, you must obtain prior written consent from a parent or legal guardian before using the services.

10.5 Customer Commitments When Processing Personal Information

If you entrust the Company to process personal information or process it through the Platform, you represent that you will:

1. process personal information in accordance with notice and consent, data minimization, and security principles;
2. carry out processing activities according to the commercial contract, these Terms, the Privacy Policy, and the agreed service scope and purpose, and provide individuals with a way to exercise their rights;
3. have obtained lawful authorization from relevant individuals for the scope of personal information provided or processed through the Platform and comply with applicable data-protection laws; not exceed the authorized scope; not provide, transfer, share, or publicly disclose personal information to any third party; and, where transmitting information outside China, handle it in accordance with national laws and regulations;
4. ensure that personal-information processing satisfies applicable data-protection law requirements and bear responsibility for breaches;
5. adopt security measures such as encryption for storage and transmission that meet applicable national or industry standards;
6. upon a User’s application for account cancellation or cessation of Platform use, unless otherwise agreed in writing, immediately delete or anonymize that User’s personal information;
7. cooperate with Company requests for explanations or materials demonstrating performance of these Terms. The Company may record and retain supplied information or materials and, where necessary, disclose them to third parties, for example as required by an audit or regulator;
8. respond in a reasonable time, within the scope required by data-protection law, to an individual request to access, copy, delete, or otherwise exercise rights; and
9. provide written notice to the Company within 24 hours after receiving any regulatory inquiry, penalty, or claim by any person arising from personal-information processing through the Platform.

10.6

Use of the Website is subject to the Company’s Privacy Policy.

11. Third-Party Technology or Services

The Company may link to social media or other services offered by third parties. You acknowledge that you may use a “share” button to share content to a third-party platform or use a third-party service to log in. These functions may collect personal information and may place cookies on your device. We may provide links through advertising or services that allow access to third-party services or websites. Third parties independently operate their social-media or other services. Your use of their services, including personal information you provide, is subject to their own terms and privacy statements. Please read those terms carefully.

The Company may provide references, frames, or hyperlinks to third-party websites, but does not review, recognize, endorse, or warrant their URLs or contents. The Company is not responsible for and does not endorse or recommend products or services supplied by third parties through the Website or other means.

You must determine which laws apply to your use of the Website and services and your responsibilities under those laws. The Company assumes no responsibility for this determination.

12. Miscellaneous

12.1 Governing Law

The formation, effectiveness, performance, interpretation, and dispute resolution of these Terms are governed by the laws of mainland China.

12.2 Jurisdiction

Any dispute or controversy between you and the Company should first be resolved through friendly consultation. If consultation fails, you agree to submit the dispute or controversy to the people’s court with jurisdiction at the Company’s domicile.

12.3–12.5

Headings are for convenience only and do not affect interpretation. If any provision is invalid or unenforceable for any reason, the remaining provisions remain effective and binding. These Terms contain all provisions between the User and the Company regarding use of the Website and services. The words “including,” “include,” and similar words are not limiting.

Company: IClick Data Technology (Beijing) Limited
Chinese legal name: 爱点击（北京）数据科技有限公司
Registered Address: Room 401, 3A Floor, Building F, Huateng Century Headquarters Park, No. 9, Chenjialin, Balizhuang Village, Gaobeidian Township, Chaoyang District, Beijing, China
Customer Service Email: intessa.wan@optaim.com
Source last updated: December 20, 2021