Kodbox User Agreement
Update date: March 22, 2023
Welcome to the KodBox service!
Tips: Before using KodBox services, please read and comply with the KodBox User Agreement ("Agreement") and the KodBox Privacy Policy. Please read and understand the terms and conditions carefully, especially the terms and conditions that exclude or limit liability, dispute resolution and legal application. Terms that exclude or limit liability may appear in bold type and should be read with emphasis.
When you fill in the information as prompted on the registration page, read and agree to this Agreement and complete the registration process, or when you actually use the Service in any other manner permitted by KodBox, you have fully read, understood and accepted this Agreement in its entirety, and this Agreement shall become legally binding. You undertake to accept and abide by this Agreement, and you shall not claim that this Agreement is invalid or cancel this Agreement on the grounds that you have not read the contents of this Agreement or that you have not received answers to your inquiries from KodBox at that time.
If you do not have full civil capacity due to age, intelligence, etc., please read and determine whether you agree to this Agreement with a legal guardian (hereinafter referred to as "Guardian").
I. Contracting Subjects
This Agreement is entered into by and between the individual users of the KodBox Services via the KodBox website, mobile client and PC client KodBox application and other means ("User" or "You") and Hangzhou KodCloud Network Co. (hereinafter referred to as "KodBox", "Kodcloud" or "we").
II. The content and effectiveness of the agreement
2.1. This Agreement includes the text of this Agreement and all privacy policies, policies, rules, statements, notices, alerts, tips and instructions ("Rules") that we have issued or may issue in the future. The foregoing rules are an integral part of this Agreement and have the same legal effect as this Agreement.
Ltd. has the right to formulate and modify this Agreement and the related rules from time to time according to the needs. The changed Agreement and rules will be notified to you 7 days in advance through the announcement on the official website of KodCloud or by SMS and will take effect after the completion of the notification, replacing the original Agreement and rules. If you do not agree with the changes, you are advised to back up your important data and stop using KodBox service; if you continue to use KodBox service, it means you have accepted the revised agreement and rules.
III. Services
KodBox is an online document management solution that provides online document storage and management, sharing and cross-platform access, grouping and permissions, production flow, approval and archiving, etc. to a wide range of users throughout their life cycle. KodBox is an online depository and online office solution that does not directly upload, download, copy, share or provide content, nor does it modify or edit the content transmitted by users.
3.2. KodBox service includes KodBox PC client, mobile client, KodBox web version (domain name is www.kodcloud.com) or other third party smart hardware and software services (subject to the specific one provided by KodCloud Company). KodCloud Company will continuously enrich the terminals and forms you can use this service, etc. If you have registered to use one form of service, you can use other services with the same account, and this agreement automatically applies to your use of all versions of software and services.
3.3. KodCloud licenses you to make non-transferable, non-exclusive use of the KodBox Software and its related elements in accordance with this Agreement, the KodBox Privacy Policy, and other applicable rules. You may make one copy of the Software for backup purposes only. The backup copy must contain all copyright information contained in the original Software, and all other rights not expressly granted in this Section and elsewhere in this Agreement shall remain with KodCloud, and you shall obtain separate written permission from KodCloud to exercise such rights. The failure of KodCloud to exercise any of the foregoing rights shall not constitute a waiver of such rights.
3.4 . KodCloud reserves the right to make changes, upgrades, modifications, and transfers to the Services or any part of the Services and its related functions and applications at its sole discretion, and to notify them publicly on KodCloud's official website (www.kodcloud.com).
IV. Registration and account management
4.1. You confirm that you should be a natural person with full civil rights capacity and the ability to act in accordance with the civil behavior engaged in when you complete the registration process or actually use the service in other ways allowed by the company. If you do not have the aforementioned subject qualifications, please obtain your guardian's consent, if not, please do not use the services, otherwise you and your guardian shall bear all the consequences caused by this, and the company has the right to cancel or permanently freeze your account, and claim compensation from you and your guardian.
4.2. You confirm that you complete the registration process or use the service in other ways allowed by the company, will not register on behalf of enterprises, organizations or other legal subjects other than natural persons or use the service in other ways not allowed by the company, otherwise the company has the right to cancel or permanently freeze your account, and the resulting losses shall be borne by you.
4.3. You can use your provided or confirmed cell phone number or other means allowed by KodCloud as an account for registration, you should submit true, accurate, complete and reflect the current situation of the identity and other relevant information when registering, while the system will automatically assign a KodBox account for you, you can set the account nickname and avatar and other personal information. You understand and agree that you promise that the registered account name, set nickname, avatar and other information shall not contain illegal and undesirable information, shall not impersonate other people's identity information to register, shall not register for other people without permission, shall not register account or set account personal data in a way that may lead to misidentification by other users, shall not use nickname or avatar that may infringe other people's rights and interests (including but not limited to suspected trademark rights, Otherwise, KodCloud has the right not to register or stop the service and take back the KodBox account, and you will be responsible for any losses incurred.
4.4. You understand and agree that the ownership of the KodBox account belongs to KodCloud, and after the registration is completed, you only get the right to use the account. The right to use KodBox account belongs to the initial registrant only, and cannot be transferred or provided to others in any way, otherwise, KodCloud Company has the right to immediately cancel, freeze or retrieve the account without notice, and you shall bear the loss of data, information, etc. brought about by this.
4.5. After your successful registration, KodBox will identify you based on your identity elements and provide services such as authorized login, forwarding and sharing. The "identity elements" include but are not limited to your account name, password, SMS verification code, cell phone number, etc. You agree that KodBox may take different authentication measures to identify you based on different terminals, services and your usage habits. You must keep your terminal and account, password and/or identity element information in a safe place and be fully responsible for all activities conducted with such account and password/identity information (including but not limited to clicking on consent online, signing any agreement online, and uploading, downloading, transmitting, backing up, synchronizing, managing, sharing any data). You promise to notify KodCloud immediately of any unauthorized use of your password or account, or any other security issue, and you agree and acknowledge that KodCloud shall not be liable for any direct or indirect loss or damage arising from such circumstances, except as otherwise provided by law. Unless there are legal provisions or judicial decisions, and with the consent of Ali cloud company, your account, password may not be transferred, gifted or inherited in any way (except for the property rights and interests related to the account).
4.6. When you use the services provided by KodCloud, in order to make more reasonable use of storage capacity resources, you agree to use our services in accordance with the relevant usage rules such as the usage period, file limit, and size limit of each service such as storage published by KodCloud. If the relevant use, storage, etc. period expires or no longer conforms to the relevant rules, KodCloud Company has the right to delete the files and contents saved by the user that exceed the period, expand the capacity or do not conform to the relevant rules. If the user does not take the initiative to transfer the relevant files beforehand and the loss caused by the files being deleted, it has nothing to do with the KodCloud Company, and all responsibilities are borne by the user.
4.7. When you are using the free service provided by KodCloud, in order to use the storage capacity resources more reasonably, if you have not logged into your KodBox account for more than [1] year or more, or if you have storage space that exceeds the free capacity and have not purchased the value-added membership service, we will notify you through the means agreed in this Agreement and temporarily freeze your KodBox account. For the files in the above frozen KodBox account, we will backup and store them for you for [6] months free of charge.
During the [6] month extension period, you can log in to your KodBox account and enter the cloud service interface to apply for unfreezing in order to continue to use KodBox free services or purchase the corresponding membership value-added services. If you do not apply for unfreezing through the specified method within the above extension period, KodCloud has the right to reclaim the storage capacity and empty the stored data, and you will be responsible for any loss caused as a result.
4.8. If you cancel KodBox or stop using the Services, please dispose of the data in your account and ensure that your account is in a safe condition.
4.9. When you meet the relevant termination conditions set forth in this Agreement, KodBox will reclaim the storage capacity and empty the stored data, and you will be responsible for any resulting losses (including but not limited to file loss, data emptying, etc.).
V. Service use specification
5.1. You fully understand and agree that KodBox is an online depository solution for users only and that you shall be solely responsible for all actions and results of your use of the Services. Accordingly, you understand that the use of the KodBox Services may involve the risk of illegal or improper conduct (or information) from others, and that you shall exercise your own judgment and act at your own risk.
5.2. Unless otherwise stated, the Services under this Agreement may only be used for non-commercial purposes. You undertake not to reproduce, copy, sell, resell or use any part of the Services or the use of or access to the Services for any other commercial purposes including, but not limited to, advertising and any other commercial purposes.
5.3. You agree to use the relevant services in accordance with the rules published by KodCloud regarding the usage period, capacity requirements, speed requirements, fees and other relevant rules for each service such as storage.
5.4. You undertake not to use the Service for any illegal or improper activities, including but not limited to the following.
5.4.1. Produce, upload, transmit, store, download or share information that contains one of the following:
(a) Those that oppose the fundamental principles established by the Constitution;
(b) endangering national security, revealing state secrets, subverting state power, and undermining national unity;
(c) Damage to national honor and interests;
(d) Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
(e) undermining national religious policies and promoting evil cults and feudal superstitions;
(f) Those who spread rumors to disturb the social order and destabilize the society;
(g) obscenity, pornography, gambling, violence, murder, terrorism or abetting crime;
(h) Scandalizing, insulting or defaming others and infringing on their legal rights such as the right to reputation and portrait;
(i) contains content that is false, fraudulent, harmful, coercive, invasive of another's privacy, harassing, offensive, defamatory, vulgar, obscene, or otherwise morally objectionable;
(j) contains other content that is restricted or prohibited by the laws, regulations, rules, ordinances, and any code having the force of law applicable to the national jurisdiction of the PRC or the country in which you are located;
5.4.2. impersonate any person or organization, or falsely state or misrepresent an affiliation with any person or organization, or gain access to the KodBox service of the person impersonating another person or another person without that person's authorization or express consent;
5.4.3. request, collect, solicit, misuse or otherwise obtain another person's KodBox account number, password or other authentication credentials, or disclose their user information to any non-original user without the original user's consent;
5.4.4. falsify headers or otherwise manipulate identifying information in such a way as to give the false impression that the content is delivered by KodCloud or its affiliates;
5.4.5. upload, transmit, share or download any Content that is known to you under any legal or contractual or legal relationship (such as internal information, proprietary and confidential information learned or disclosed as a result of an employment relationship and under a confidentiality agreement) but which you do not have the right to transmit;
5.4.6. upload, transmit, share or download content that is suspected of infringing the rights of others (including, but not limited to, copyrights, patents, trademarks, trade secrets and other intellectual property rights), directly or by removing, concealing or altering any patent, copyright, trademark or other proprietary notices displayed on or contained in the Software;
5.4.7. interfere with or disrupt the normal operation of KodBox or any part or function of KodBox, including but not limited to avoiding or attempting to avoid the KodBox account registration/authentication mechanism, KodBox content protection mechanism;
5.4.8. adding, deleting or changing the functions or operating effects of KodBox by modifying or falsifying the instructions or data in the operation of KodBox, or operating or disseminating to the public the software or methods used for such purposes, whether or not these actions are for commercial purposes;
5.4.9. logging into or using KodBox services or automatically logging into KodBox account proxy authentication credentials for any user through third party software, plug-ins, plug-ins, or systems not developed or authorized by KodCloud, or creating, distributing, or disseminating said tools;
5.4.10. track, view or operate KodBox and its components, modules, data, etc., on its own, by authorizing others or by using third party software to access and use KodBox by others;
5.4.11. Violation of the "seven bottom lines" of compliance with laws and regulations, the socialist system, national interests, the legitimate interests of citizens, public order, social morals and ethics, and the authenticity of information;
5.4.12. Engage in any behavior that violates Chinese laws, rules, regulations, policies and regulatory documents.
5.5. You agree and accept that although KodBox will not illegally or non-authorizedly access, use, alter or disclose your user file data in KodBox, KodBox has the right to review and monitor the file data you transmit and share through KodBox on its own initiative or on a whistleblower basis in accordance with the laws, regulations and normative documents of the relevant regulatory bodies. In the event that KodBox is used in a manner inconsistent with this Agreement, KodBox reserves the right to make an independent judgment and to immediately terminate the provision of some or all of the Services without prior notice. KodBox's system records may be used as evidence of violations of laws and regulations with respect to the dissemination and distribution of reactionary, pornographic or other information that violates national laws and regulations through KodBox. You shall be solely responsible for any damage or loss arising from any third party claims or derivative action as a result of the uploading or distribution of the above-mentioned content on KodBox services.
5.6. If you, as a non-interested party, believe that one or more of the above-mentioned contents on KodBox is illegal, you may report it through the "Report" function on KodBox or through the contact information listed in Article 16 below of this Agreement.
VI. Service Fees
6.1. KodBox service is divided into two types of free service and value-added membership service, and any free features and services of this service shall not be considered as a waiver of KodCloud's right to charge subsequently.
6.2. You can enjoy the paid services provided by KodCloud by purchasing value-added services. The paid services may differ from the free services in terms of storage space, number of stored files, transfer methods, additional features, etc. In accordance with its business policy, KodCloud may announce the rates and methods of the fee-based services and display them on the corresponding service pages. If you need to obtain and use the relevant fee-based services, please read carefully and fully understand the information about the fee-based services' fees and methods at that time. You may also cancel the service by yourself at the designated page. Once the cancellation is successful, you will only be able to use the free services provided by the company. We remind you that after canceling the paid services, you should handle the content that exceeds the storage capacity according to the relevant rules, otherwise, you will be responsible for any loss caused.
6.3. You understand and agree that KodBox may modify and change the free space capacity, charges and methods of the cloud account according to the business development, market environment and other circumstances. In order to fully protect your legitimate rights and interests, the aforementioned modifications and changes will be announced no less than [1 month] in advance.
6.4. If you have overcapacity due to the expiration of the paid services, the expiration of the capacity expansion obtained by participating in various free capacity expansion activities held by KodCloud, the adjustment of the free space capacity by KodBox or other reasons, you should pay the corresponding fees to switch to the free services within a reasonable period [6 months] given by KodCloud according to the prevailing rates and methods for the paid services. You shall pay the corresponding fee to switch to the corresponding paid service or continue to use the free service after removing the over-capacity storage content by yourself. If you fail to deal with the content of the overcapacity storage space in time within the above reasonable period, in order to protect the fair use of other users, KodCloud Company has the right to freeze and delete all the content under the account, so the losses caused by you shall be borne by yourself.
6.4 . You shall pay for any Internet access fees and other communication and information fees charged by third parties that may arise from the use of the Service.
VII. Special authorization
7.1. When you make any form of commitment to KDDI Cloud and its affiliates, and the relevant company has confirmed that you have violated such commitment, KDDI Cloud shall have the right to immediately take restrictive measures on your account in the manner agreed upon in your commitment, including but not limited to suspending or terminating the provision of services to you, and publicizing your violation as confirmed by the relevant company. You understand and agree that KodCloud shall not be required to check the facts with you or obtain your consent for such confirmation, and that KodCloud shall not be liable to you for any such restriction or disclosure.
7.2. If you violate this Agreement, or other agreements with KDDI Cloud, KDDI Cloud has the right to notify KDDI Cloud's affiliates in any way and request them to take restrictive measures on your rights and interests, including but not limited to requesting KDDI Cloud's affiliates to suspend or terminate part or all of the services provided to you, and to publicize your default on any website operated or actually controlled by them.
VIII. Personal information and privacy protection
8.1. KodBox is committed to protecting your personal information and privacy, and by using KodBox services, you consent to the collection, storage, use, disclosure and protection of your personal information by KodBox in accordance with the Privacy Policy posted on your browser or client. KodBox wants to make clear to you how KodBox handles your personal information through the Privacy Policy, so KodBox recommends that you read the Privacy Policy in its entirety to help you better protect your privacy.
IX. KodBox Intellectual Property
9.1. You understand and agree that, unless otherwise stated by KodCloud, all intellectual property rights (including but not limited to text, images, pictures, photographs, audio, video, graphics, color, layout, electronic files, except data that you upload, download, save, create, copy, and share) in all products, technology, software, programs, data, and other information (including but not limited to text, images, pictures, photographs, audio, video, graphics, color, layout, electronic files, except data that you upload, download, save, create, copy, and share) contained under this Agreement are owned by KodCloud or its affiliates. but not limited to copyright, trademark, patent, trade secret, etc.) and related rights belong to KodCloud or its affiliated companies.
9.2. You warrant that you shall not (and shall not permit any third party to) rent, lend, sell, distribute, copy, modify, reproduce, compile, publish, publish, reverse engineer, reverse compile, reverse compile, or otherwise discover the source code for the above rights, unless authorized in writing by KodCloud.
9.3. KodCloud and its affiliates shall have the rights to the KodBox logo, the words and graphics "KodBox" and "kodcloud" and their combinations, as well as other logos, emblems, and names of KodBox. The rights related to the KodBox logo, "KodBox", "kodcloud" and other words, graphics and combinations thereof, as well as other logos, emblems, KodBox names, etc. No one may display, use or otherwise process (including but not limited to reproduction, distribution, display, mirroring, uploading, downloading) in any way, or indicate to others that you have the right to display, use or otherwise process, without the written authorization of Kodak Cloud.
9.4. All products, services, technologies and all intellectual property rights of the application or its components/features/names are owned by KodCloud or are the property of their right holders.
X. Infringement prevention
10.1. You shall use KodBox to ensure that any data you upload, download, save, create, copy or share on KodBox has full, complete and unblemished intellectual property rights or has been expressly authorized by the right holder to include such data uploaded, downloaded, saved, created, copied or shared on KodBox, and does not infringe the legal rights of any third party.
10.2. You are aware and acknowledge that if you transmit, produce, copy, or share content that violates the law or infringes the rights of others, KodCloud has the right to make independent judgment and deal with it in accordance with relevant laws and regulations or in response to qualified infringement notices issued by third parties, including but not limited to, taking measures such as blocking or disconnecting links, prohibiting content sharing, freezing access to content, removing content, account restrictions, etc., as required as well as to adopt appropriate policies to restrict or prohibit the functions or parts of the functions of KodBox in order to eliminate repeated infringement under the corresponding conditions.
10.3. If you receive a notice of infringement, you should immediately remove the infringing content or block access to the infringing content, and contact KodoxCloud for more information. If you believe that the removed or blocked or disconnected content is not infringing, you may submit a written explanation ("Counter Notice") to KodBox in accordance with the contact information in Article 16 of this Agreement, requesting that the removed content be restored or that the link to the disconnected content be restored.
10.4. If you believe that the content in KodBox violates your legal rights and interests, you may notify KodBox in writing of your rights, and KodBox will deal with the matter as soon as possible after receiving the qualified notice from the right holder in accordance with the law.
XI. Service suspension or termination
11.1. In view of the special nature of the Internet service, you agree that Kodak Cloud has the right to make changes to the content of the service and may interrupt, suspend or terminate all or any part of the service, including the free service and/or the paid service, and notify you of such changes in the form of a public notice on the KodBox website, without any liability to any user or any third party other than as expressly provided by law .
11.2. You understand and agree that KodCloud may periodically or irregularly maintain or overhaul the platform equipment, facilities and software and hardware for providing network services, and if such circumstances result in the suspension of the paid services within a reasonable period of time, KodCloud shall not be liable except as expressly provided by law, but shall notify you in advance in the form of a public notice on the official website of KodCloud.
11.3. If your use of the KodBox service is in breach of one of the following circumstances, KodCloud reserves the right to immediately suspend or terminate part or all of the service to you, and reserves the right to recover compensation from you:
11.3.1. you violate the Registration and Account Management Terms in Section 4;
11.3.2. you use the paid services without paying the corresponding service fees as required;
11.3.3. you violate the terms of the Service Usage Guidelines in Section 5;
11.3.4. you violate the KodBox Intellectual Property Terms in Section 9;
11.3.5. You violate the infringement prevention provisions of Section 10.
XII. Limited liability
12.1. all products and services will be provided "as is" and "as available". cido cloud hereby expressly disclaims all warranties, express or implied, with respect to the products and services, including, but not limited to, warranties, representations or promises of merchantability, fitness for a particular purpose, absence of errors or omissions, continuity, accuracy, reliability, and fitness for a particular purpose.
12.2. KDDI does not promise or guarantee the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved in the products and services.
12.3. Under no circumstances shall KodCloud be liable for any failure of service or delay in service due to failure of Internet connection, failure of computers, communications or other systems, power failure, strike, labor dispute, riot, insurrection, disturbance, lack of productivity or means of production, fire, flood, storm, explosion, force majeure, war, governmental action, international or domestic court order, or failure to act of a third party, except as expressly provided by law. The Company shall be liable for any failure or delay in the provision of services except as expressly provided by law.
12.4. KodCloud shall not be liable for any special, direct, indirect, punitive, consequential or incidental damages or any other damages (including, but not limited to, loss of profits or interest, suspension of business, loss of data), whether or not foreseeable and regardless of the form of conduct from which they arise, except as expressly provided by law, resulting from:
12.4.1. use or inability to use products and services;
12.4.2. expenses incurred in connection with the purchase or acquisition of any products, samples, data, information or transactions, etc., through the Products and Services, or other actions that may be substituted for the foregoing;
12.4.3. Unauthorized access to or modification of data or transmission of data;
12.4.4. representations or conduct of third parties through products and services;
12.4.5. Other damage caused by events related to products and services, including negligence, etc.
12.5. You fully understand and agree that, given the special nature of the Internet system and environment, the information and personal data you share in the Products and Services may be copied, reproduced, altered or used for other illegal purposes by others; you are hereby fully aware of the existence of such risks and acknowledge that such risks shall be borne entirely by you, and KodCloud shall not be liable for any of them except as expressly provided by law.
12.6. You understand and agree that in the course of using the Products and Services there may be risks of threatening, defamatory, objectionable or unlawful content or conduct or infringement of the rights of others (including intellectual property rights) and anonymous or impersonated information from any other person, and that such risks shall be borne by you, as described in the Product and Service Usage Guidelines, and that KodCloud shall not be liable in any way except except as expressly provided by law.
12.7. You understand and agree that when you use some of KodBox's services, you may be exposed to content automatically generated by KodBox that is offensive to you or that you feel violated, even though KodBox uses generally acceptable ideological, moral, aesthetic and other concepts in mainland China as its standard. You may choose not to use such features or contact us for feedback, but you agree that you will not hold KodoxCloud responsible for such content.
XIII. Liability for breach of contract and compensation
13.1. If we find or receive reports from others that you have violated this agreement, KodCloud has the right to delete or block the relevant content at any time without notice, and take measures including but not limited to restricting, suspending or terminating your use of KodBox account and services, restricting, suspending or terminating your use of part or all of this service, and pursuing legal responsibility.
13.2. You agree to indemnify KodCloud and its affiliates against any claims or demands by any third party arising out of or resulting from your uploading, downloading, saving, creating, copying, sharing of information through KodBox, use of other features of the Products and Services (including, but not limited to, the emoji pack feature), violation of this Agreement, or your infringement of any rights of others (including, but not limited to, intellectual property rights, portrait rights, reputation rights, etc.). You agree to indemnify and hold KodoCloud harmless from any claim or demand, or any loss incurred by KodoCloud and its affiliates, including, without limitation, reasonable attorneys' fees.
XIV. Notice
14.1. Any notice sent to you by KodCloud may be by email, public area announcement on the page, personal network area alert, cell phone text message, etc., and such notice shall be deemed to have been delivered to the user or effective from the date the relevant information is sent.
14.2. Any notice given by you to KodBox shall be sent to the contact information of the User as officially published by KodCloud or communicated to the User in the manner described in Section 16 or delivered using other means of notice approved by KodCloud.
XV. Dispute Resolution and Others
15.1. The laws of the People's Republic of China shall apply to the conclusion, execution and interpretation of this Agreement and the settlement of disputes. If any dispute arises between the parties regarding the content of this Agreement or its implementation, the parties shall try to resolve it through friendly consultation; if consultation fails, either party may file a lawsuit with the people's court with jurisdiction in the location of the defendant party.
15.2. If any provision of this Agreement is deemed invalid or unenforceable, the foregoing provision may be severed and the remainder shall remain in force.
15.3. KodCloud waives its rights under this Agreement in the event of the User's negligence or breach of contract, which shall not be deemed a waiver of the User's other or subsequent similar negligence or breach of contract.
15.4. This Agreement shall supersede all prior oral and written agreements, arrangements, understandings and communications between the Parties with respect to any matter hereunder.
15.5. You understand and agree that KodCloud shall have the right to determine its own business strategy and transfer all rights and obligations under this Agreement to its affiliates in accordance with its business restructuring, which will be notified in the manner set forth in this Agreement.
XVI. Contact
You may contact us at support@kodcloud.com with any questions or comments about this Agreement.