Product and Service Agreement

Scope of the Agreement
1. Yanhuang Data's Community Edition products and services ('products and services') refer to the Yanhuang Data Community Edition product 'Honghu', services, and related technical and network support services displayed on the Yanhuang Data-operated website named Yanhuang Data with the domain www.yanhuangdata.com (hereinafter referred to individually or collectively as 'official website').
2. The content, functionality, pricing, operation guides, technical documents, etc. ('service rules') of the products and services are subject to the dedicated terms of the products and services, relevant pages on the official website, or additional documents provided by Yanhuang Data. Once officially published, the aforementioned content becomes an integral part of this agreement, and you are also required to comply with it.
3. Yanhuang Data is a neutral technical service provider, offering you various technical products and services. Any products, services, and related content supported by your websites, clients, applications, mini-programs, and other smart terminal applications ('user products') are operated solely by you, and you bear full responsibility.
Effectiveness of the Agreement
1. You can sign this agreement in the following way: by downloading and installing the Community Edition product from the official website. When installing the product, you should carefully read this agreement and keep the agreement checked to proceed with the next installation step. Once confirmed by the user, this agreement becomes legally binding and enforceable against both Yanhuang Data and the user.
2. If you have not confirmed this agreement in the aforementioned manner but have already used Yanhuang Data's Community Edition products and services, it will be deemed that you have agreed to all the terms of this agreement.
3. Your access and use of the products and services are also subject to the 'Terms of Service' and 'Privacy Policy' published on the official website, including any additional agreements or revisions made by Yanhuang Data from time to time.
Fees and Licensing
1. This agreement only applies to the use of Yanhuang Data's Community Edition product 'Honghu'. You can download, install, and use Yanhuang Data's Community Edition product for free.
2. You agree to receive a personal, non-transferable, and non-exclusive license to use our products. If an update to the license is required, we will notify you clearly within the product, and you can contact us through the official website to update the license. This license is limited to non-commercial purposes for installing, using, and running the product. You may not distribute the product installation package to others, resell it, or otherwise use the Community Edition product for commercial gain, nor may you conduct secondary development for profit on the Community Edition product.
3. You may make one copy of the product for backup purposes, provided that the backup includes all copyright information originally contained in the product.
Data Protection
1. You guarantee that the data you upload and store ('store') in the products and services, or the data collected, stored, used, shared, transferred, disclosed, or deleted through Yanhuang Data's products and services, are data that you have lawfully collected, obtained, or been authorized to use ('user data'). You will not and have never infringed the legitimate rights of any individual or entity in any way. If your user data includes personal information, you guarantee that you have obtained the consent of the data subjects and have the right to share their personal information with Yanhuang Data for data processing. You guarantee that you have the right to store and process user data using the products and services, and that such storage and processing comply with applicable laws, do not involve any illegal, infringing, or contractual violations, and will not use the user data for illegal purposes.
2. Except as necessary to provide the products and services or with your authorization (such as in applicable cases for troubleshooting and testing), Yanhuang Data will not use your user data arbitrarily and will delete or anonymize your user data within a reasonable period after providing the service.
3. You have the right to delete or modify user data yourself when using the products and services. You should operate cautiously and bear the consequences of such actions to prevent the risk of unrecoverable data. Yanhuang Data does not assume responsibility for restoring such data.
4. If you have security and integrity requirements for user data, you are responsible for backing up your user data. The Yanhuang Data Community Edition product does not provide backup functionality and does not support high-reliability data storage for the imported data. Yanhuang Data is not responsible for any loss of user data.
5. During the provision of products and services, technical and network support, Yanhuang Data may collect or generate certain technical and operational data, such as basic personal information and product usage information. Yanhuang Data may use the collected information to optimize and improve its products and services. For details on the collected information, please refer to the 'Privacy Policy'.
User Conduct
1. When using the products and services, you should comply with relevant laws and regulations, fulfill your information and network safety obligations, and refrain from the following actions:
  1. Opposing the fundamental principles established by the Constitution;
  2. Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
  3. Harming national honor and interests;
  4. Distorting, defaming, desecrating, or denying the deeds and spirit of heroes and martyrs, or infringing on the names, portraits, reputations, and honors of heroes and martyrs through insults, slander, or other means;
  5. Promoting terrorism, extremism, or inciting the implementation of terrorist or extremist activities;
  6. Inciting ethnic hatred or discrimination, or undermining national unity;
  7. Inciting regional discrimination or hatred;
  8. Undermining national religious policies, promoting cults or superstitions;
  9. Fabricating or spreading rumors or false information, disrupting economic or social order, or undermining social stability;
  10. Disseminating or spreading obscene, pornographic, gambling, violent, murderous, terrorist, or criminal content;
  11. Endangering cybersecurity or using the network to engage in activities harmful to national security, honor, and interests;
  12. Insulting or defaming others, infringing upon others' reputation, privacy, or other legal rights;
  13. Engaging in violent intimidation, threats, or personal data exposure (doxxing) against others;
  14. Spreading vulgar, obscene language, harming public order and good customs;
  15. Infringing upon others' privacy rights, reputation rights, portrait rights, intellectual property rights, or other legal rights;
  16. Excessive marketing or spam;
  17. Infringing upon the legal rights of minors or harming their physical or mental health;
  18. Taking secret photos or recordings without permission, infringing on the legal rights of others;
  19. Including content that is terrifying, bloody, highly dangerous, or harmful to the physical or mental health of performers or others, including but not limited to any violent or self-harm actions, any content threatening life and health, or performances using regulated items or dangerous tools that endanger the safety of oneself or others, or encouraging or inducing others to participate in dangerous or illegal activities that may cause bodily harm or death;
  20. Other information that violates laws, public policies, public security, or good customs, interferes with the normal operation of this platform, or infringes on the legal rights of other users or third parties.
2. When using products and services, you must maintain internet order and security, and not infringe upon the legal rights of Yanhuang Data or any entity ('others'), and you must not engage in the following behaviors or provide convenience for them:
  1. Engaging in fraudulent, false, or misleading behavior, or infringing upon others' intellectual property rights or other legal rights, such as 'private servers', 'plugins', deleting, hiding, or altering others' rights management electronic information and ownership statements, or intentionally bypassing or destroying technical measures taken by others to protect intellectual property;
  2. Posting or spreading spam or illegal content that endangers national order and security, promotes feudal superstitions, or is obscene, pornographic, or vulgar;
  3. Violating the operational regulations of networks, devices, or services connected to Yanhuang Data's network, engaging in illegal or unauthorized access, theft, interference, or monitoring;
  4. Engaging in any behavior that damages or attempts to damage network security, including but not limited to malicious scanning of websites and servers, illegal system intrusion, or illegal data acquisition through viruses, trojans, or malicious code;
  5. Engaging in any behavior that changes or attempts to change the system configuration provided by the products and services or undermines system security; using technology or other means to disrupt Yanhuang Data's operations or others' use of products and services; interfering with or attempting to interfere with the normal operation of any part or function of Yanhuang Data's products or services in any way, or creating, publishing, or spreading tools or methods for the above-mentioned purposes;
  6. Engaging in any activities, including but not limited to 'DNS resolution', 'security services', 'domain name proxy', 'reverse proxy', etc., that result in frequent attacks (including but not limited to DDoS attacks) on you and failing to correct such behavior in a timely manner or failing to eliminate the impact according to Yanhuang Data's requirements, thereby affecting Yanhuang Data or others;
  7. Other behaviors that undermine internet order and security.
3. Unless expressly permitted by Yanhuang Data, you shall not copy, imitate, modify, translate, adapt, rent, sell, sublicense, transmit, publish, or transfer Yanhuang Data products and services (in whole or in part), or any permission keys, technical documents, API lists, system usage, applications, developer tools, and other technical tools provided by Yanhuang Data based on delivery services. You shall also not attempt to reverse engineer, decompile, or decipher the source code of the products and services in any way.
Intellectual Property
1. The intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, of any materials, designs, technologies, programs, or codes provided by one party to the other under this agreement, shall belong to the provider or its legitimate rights holder. Unless explicitly agreed by one party or its legitimate rights holder, the other party shall not implement, utilize, transfer, or allow any third party to use the aforementioned intellectual property for any commercial or non-commercial purpose.
2. You shall ensure that any content (referred to as 'user content') provided, published, uploaded, or processed by you during the use of products and services, including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, electronic documents, and other data, is owned by you or legally authorized. You further guarantee that the user content does not contain any content that violates applicable laws or infringes on the legal rights of third parties.
3. You shall ensure that any content (referred to as 'user content') provided, published, uploaded, or processed by you during the use of products and services, including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, electronic documents, and other data, is owned by you or legally authorized. You further guarantee that the user content does not contain any content that violates applicable laws or infringes on the legal rights of third parties.
4. Without Yanhuang Data's written consent, you cannot independently or in conjunction with others display or use trademarks, service marks, trade names, logos, website names, or other distinguishing brand features ('logos') owned by Yanhuang Data or its affiliates. This includes but is not limited to Chinese logos, and you cannot disclose Yanhuang Data or its affiliates as your case study or partner in your website, client, application, or other 'user products', media, capital markets, or any public occasions. If you violate this provision, Yanhuang Data has the right to pursue all legal responsibilities.
Confidentiality
1. Confidential information refers to the technical, commercial, financial, and other confidential information and materials of one party that are known or accessed by the other party due to the signing or performance of this agreement ('confidential information'). Confidential information also includes the facts already provided by the disclosing party to the receiving party, potential transactions being considered by the disclosing party, and any terms, conditions, or other facts or progress related to such transactions, as well as any discussions or negotiations regarding the matters that the parties have, are, or plan to conduct, and the transaction agreement reached by the parties.
2. One party agrees to keep the other party's aforementioned confidential information confidential and shall not disclose, transfer, or reveal it to any third party (including any third-party media), except as required by law.
3. Both parties understand and acknowledge that confidential information is a key confidential asset of both parties, and both parties agree to make the greatest effort to protect the confidentiality of the aforementioned confidential information to prevent disclosure. In the event of a confidentiality breach, both parties should cooperate to take all reasonable measures to avoid or mitigate damage.
4. Both parties agree to bear full compensation for the losses caused to the other party by violating the above confidentiality obligations.
Force Majeure and Disclaimer
1. You understand and agree that during the use of products and services, the following situations may occur, causing service interruptions. Yanhuang Data will actively cooperate with relevant authorities to resolve these issues promptly. However, Yanhuang Data will not be liable for any losses caused to you as a result:
  1. Force majeure events, including but not limited to natural disasters, government actions, the promulgation or adjustment of laws, strikes (excluding internal labor disputes), riots, and other objective situations that are unforeseeable, unavoidable, and insurmountable;
  2. Reasons attributable to basic operators, including but not limited to technical adjustments by telecommunications departments, damage to telecommunications/power lines by others, installation, transformation, and maintenance of telecommunication networks/power resources by telecommunications/power operators;
  3. Network security incidents, such as damage caused by computer viruses, trojans, malicious programs, or hacker attacks;
  4. Your use of products and services in ways not stipulated in this agreement;
  5. Improper operation by you or malfunctions in your computer software, systems, hardware, communication lines, or other third-party resources;
  6. Other situations not attributable to Yanhuang Data's fault or beyond Yanhuang Data's control or reasonable foresight.
2. Due to the limitations of current and available technology and conditions, Yanhuang Data cannot guarantee that the products and services provided are flawless. However, Yanhuang Data promises to continuously improve product quality and service levels, striving to ensure the continuity and security of products and services. At the same time, you understand and agree that Yanhuang Data does not make any express or implied warranties regarding the following:
  1. That the products and services are uninterrupted, immediate, secure, or error-free;
  2. That your use of products and services will fully meet your requirements;
  3. Guaranteed error-free upgrades; guaranteed support for major version upgrades, such as from version 2.x to 3.x;
  4. That Yanhuang Data will or can correct all defects or errors related to products and services;
  5. That the products and services will be compatible with other hardware, software, systems, services, or data not provided by Yanhuang Data or yourself;
  6. That the products and services will not be damaged by computer viruses, trojans, malicious programs, or hacker attacks;
  7. Other situations that are beyond Yanhuang Data's control or reasonable foresight.
  8. The interpretation of the functions and non-functional requirements of the products related to this agreement belongs to Yanhuang Data.
3. In the event of delays in performance or any breach of this agreement due to force majeure, basic operator reasons, network security incidents, or other events beyond the reasonable control of both parties, neither party shall be held liable within the affected scope. However, the affected party should notify the other party as soon as possible.
4. Limitation of liability. Except as otherwise agreed in writing, neither party shall be liable to the other party for any indirect, incidental, special, or punitive damages or losses (such as loss of profits, opportunities, third-party fees, goodwill, or damages), whether based on contract, warranty, tort, or any other liability theory, regardless of whether they knew or should have known the possibility of such losses or damages.
Breach of Contract
1. If you violate this agreement, relevant special terms, or service rules, Yanhuang Data shall have the right to take one or more of the following measures:
  1. Restrict the use of some or all functions within a reasonable and necessary scope;
  2. Suspend or terminate services;
  3. Terminate the provision of services and terminate this agreement;
  4. Require you to bear corresponding liabilities for breach of contract.
2. In the event of third-party complaints or claims arising from your aforementioned breach, you shall handle and bear full responsibility. If Yanhuang Data compensates any third party or is penalized by relevant national authorities as a result, you shall fully compensate Yanhuang Data for all losses, including reasonable expenses incurred in handling related matters.
Term, Modification, and Termination of the Agreement
1. This agreement takes effect on the day you click to confirm during product installation or otherwise agree in a manner recognized by both parties ('Effective Date'). It will remain legally binding on both you and Yanhuang Data during your use of Yanhuang Data products.
2. Yanhuang Data, based on changes in national policies and laws, technological advancements, product function changes, etc., has the right to revise this agreement, special terms, and related service rules. Yanhuang Data will publish the revised agreement, and once the aforementioned revision is officially announced, it will become an integral part of this agreement and have the same effect as this agreement. Yanhuang Data commits to notifying you in a reasonable manner, and you can also check the latest version of the agreement and rules on the relevant page. If you disagree with the revised terms, you can choose to stop using the products and services. If you continue to use them, it will be deemed as your acceptance of the revised terms.
3. This agreement may be terminated early under any of the following circumstances:
  1. If you seriously violate this agreement, including but not limited to serious illegal violations, or seriously violate the commitments under this agreement, or seriously violate the service rules, Yanhuang Data shall have the right to terminate the provision of products to you in advance;
  2. Other circumstances that allow for early termination of the agreement according to applicable laws or the provisions of this agreement.
Applicable Law and Dispute Resolution
1. The formation, effectiveness, interpretation, and dispute resolution of this agreement shall be governed by the laws of the People's Republic of China.
2. In the event of a dispute during the performance of the agreement, both parties shall resolve it amicably through mutual negotiation. If negotiation fails, either party has the right to submit the dispute to the People's Court of Yangpu District, Shanghai, where this agreement was signed, for litigation.
Notifications and Delivery
1. You shall provide Yanhuang Data with true and valid contact information. If there is any change in your contact information, you must promptly update it with Yanhuang Data. Otherwise, you will bear the consequences of any notifications not being delivered in a timely manner.
2. You agree and confirm that Yanhuang Data may send business notifications, service reminders, verification messages, marketing information, and other types of information related to products and services (including but not limited to updated service rules, service upgrades, data center closures, migrations, advertisements, etc.) to you through one or more methods, such as website announcements, system notifications, internal messages, emails, SMS, instant messaging tools, postal mail, or courier. Any contact information you provide to Yanhuang Data, including addresses, phone numbers, emails, or other contact information, will be considered valid. Such notifications will have a significant impact on your rights and obligations, so please pay close attention to them. The information will be deemed delivered in the following situations:
  1. If published in the form of a website announcement, it becomes effective immediately upon publication (unless otherwise specified);
  2. If sent in electronic form (including system notifications, internal messages, emails, SMS, instant messaging tools, etc.), it is considered delivered upon successful sending.
Miscellaneous
1. If any clause of this agreement is deemed invalid or unenforceable, it does not affect the validity of the remaining clauses, which will continue to be effective and binding on both parties.
2. The clauses on warranties, data protection, confidentiality, intellectual property, applicable law, and dispute resolution shall not become invalid upon the termination of this agreement. Violations of the data protection, confidentiality, and intellectual property clauses will not be subject to the liability limitation in Section 8.4 of this agreement.
3. Yanhuang Data reserves the right to transfer part or all of its rights and obligations under this agreement to its affiliates or other legal entities, or to entrust qualified third parties, without affecting your rights and obligations under this agreement. This agreement shall be equally legally binding on the transferee or trustee.