WHIPM APP Software License and Service Agreement

Important Notice

Beijing Aiterfeixiang Technologies Co.,Ltd (hereinafter referred to as "Aiter") hereby reminds all users to carefully read and fully understand the Software License and Service Agreement (hereinafter referred to as "the Agreement"). Users should carefully read and fully understand the terms of the Agreement, particularly those pertaining to the exemption or limitation of Aiter's liability, dispute resolution, and applicable laws. Terms associated with the exemption or limitation of liability are indicated by bold text; please read them carefully. After reading the Agreement carefully, please decide whether you are willing to accept the terms listed herein (minors should read the Agreement together with a legal guardian). By downloading, installing, and using the Software or by opening and logging in to your account, you accept the terms of this Agreement and are legally bound by them.

Aiter reserves the right to modify this Agreement. Any amended terms shall be announced on the official website or included with the Software, and the new terms shall take effect on the date of publication. Users may download and reinstall the Software or browse the amended terms on the website. If you do not accept the amended terms of this Agreement, please immediately discontinue your use of the "WHIPM" software and services provided by Aiter. By continuing to use the " WHIPM " software and services provided by Aiter, users accept the amended terms of this Agreement。

1. General Provisions

1.1. This Agreement is the agreement entered into by and between you (hereinafter referred to as the "User") and Aiter concerning the download, installation, and use of the "WHIPM" software (hereinafter referred to as the "Software") by the User, as well as the terms related to the use of Aiter 's services.

1.2. The Software and services are provided by Aiter for installation on (including but not limited to) smart mobile devices to provide the service of operating WHIPM products for the User who uses the said smart device.

1.3. The rights of ownership and operation of the Software and services are vested in Aiter。 

2. Scope of Software Licensing

2.1. Aiter grants the User a personal, non-transferable, and non-exclusive license to use the Software without the right to sublicense.

2.2. The User may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes.

2.3.The User may make a copy of the Software for the purpose of using the said Software and services, which shall be used only as a backup. All backup copies shall include the copyright information provided with the original software.

2.4. Except as expressly authorized by this Agreement, Aiter does not grant other rights to the User. If the User intends to exercise any other right, the written consent from Aiter shall be obtained in advance.

3. Software Acquisition, Installation, and Uninstallation

3.1. The User shall download and install the Software from the website or in the manner designated by Aiter. Be careful not to download the Software from undesignated websites, so as to prevent mobile devices from being infected by malicious programs that can destroy user data and acquire confidential user information. If you acquired the Software or an installation program with the same name as the Software from a third party that has not been authorized by Aiter, Aiter is unable to guarantee the normal functionality of such software and will not be liable for any losses you sustain from using such software.

3.2. The User must select the Software version that matches the terminal device it is to be installed on. Otherwise, any software problems, device problems or damages resulting from using an incompatible software version on the device model shall be solely assumed by the User.

3.3.If you no longer need to use the Software, or need to install the new version of the Software, you can uninstall the Software.

4. Software Update

4.1.In order to improve User experience and optimize service content, Aiter reserves the right to provide upgraded versions of the Software from time to time (in the form of software replacement, modification, feature enhancement and version upgrade etc.).

4.2.In order to ensure the security and consistency of functionality of the Software and Services, Aiter reserves the right to update the Software, or change or restrict partial functionality of the Software without any special notice to you.

4.3.After the new version of the Software is released, older versions of the Software may not be available. Aiter does not guarantee that the old versions and corresponding customer services of the Software continue to be available. Please check and download the latest version at any time.

5. Usage Specifications

5.1. The User may use the Software and services in accordance with this Agreement and relevant laws. The User shall not commit the following acts:

5.1.1. Delete any copyright information from the Software and other duplicate copies, or modify, delete, or circumvent the technical measures set by the Software for the protection of intellectual property rights;

5.1.2. Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts to obtain the source code of the Software;

5.1.3. Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, regardless of whether or not such actions are performed for commercial purposes;

5.1.4. Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others, and delete, modify or add any saved data; unauthorized attempts to detect, scan, or test the Software system or network weaknesses, or perform other actions to disrupt network security; attempt to interfere with or destruct the normal operation of the Software system or website, deliberately spread malicious programs or viruses, or carry out other acts that disrupt or interfere with normal network information services; forge the names or partial names of TCP/IP data packets;

5.1.5. The User logs into or uses the Software and services through a third party compatible software or system which was not developed, authorized, or approved by Aiter, or makes, publishes, or disseminates the tools described above;

5.1.6. Without the written consent of Aiter, the User performs action on the Software or the data contained therein including but not limited to the following: using, leasing, copying, modifying, linking to, reproducing, compiling, releasing, publishing or establishing a mirror site for or using the Software without authorization to develop related derivative products, works, services, plug-ins, bots, compatibility or interconnection;

5.1.7. Use the Software and other services provided by Aiter in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under this Agreement;

5.2.You understand and agree that:

5.2.1. Aiter will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;

5.2.2. If you violate the above-mentioned usage specifications and thereby cause damages to a third party, you need to assume the liability in your own name and shall hold Aiter harmless from and against any losses or expenses arising therefrom;

5.2.3．The User shall indemnify and hold harmless Aiter from and against any and all losses, third-party claims, administrative penalties and damages and/or expenses, including reasonable attorney fees and investigation and evidence collection costs, incurred or suffered by Aiter resulting from the User's violation of relevant laws or breach of this Agreement.

6. Service Risks and Disclaimers

6.1 Aiter shall not be liable for any problems in the use of the Software caused by accidents,

abuse, wrong use or unauthorized modification.

6.2. Aiter is not liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failures, technical problems, network or mobile terminal device failures, system instability issues, and other force majeure factors.

6.3. The Software, like most other Internet software, may be affected by differences in factors including but not limited to the user, network service quality and social environment, and may also be subject to intrusion from various security problems, such as other software downloaded and installed by the User or other websites visited by the User contain "Trojan horses" and other viruses that threaten the security of the User's terminal device information and data and then affect the normal use of the Software. The User shall strengthen the consciousness of protecting   information security to prevent losses and disturbance.

6.4. When the User uses the Software or requests Aiter to provide specific services, the Software may call upon a third party system or software to support the User's use or access. The results of the use or access will be provided by the third party. Aiter does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Aiter assume any other uncertain risks; Aiter assumes no liability in the event that any dispute arises therefrom or damage is caused thereby.

6.5. Aiter specifically brings to the User's attention that, in order to protect the company's business development and right to make adjustments, Aiter has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.

6.6. Except as expressly specified in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, due to limitations in current technology, the User understands that Aiter cannot provide any guarantee.

6.7. About any other incidental, indirect or punitive losses caused by the use of the software, including but not limited to loss of commercial profit, cannot send or receive any data, business interruption, loss of data or information, no matter what the theory of responsibility it is based on (contract, tort or otherwise), Aiter does not assume liability to pay compensation, exceptions are made even if Aiter have been told to exist the possibility of such damage.

6.8. For acts carried out through the Software between the User and other users of the Software, the liability for any personal injury or economic damages or losses that arise or may arise from the User having been misled or deceived shall be borne according to the law by the party at fault.

6.9. To the maximum extent permitted by applicable law, Aiter’s maximum liability for losses suffered by you as a result of your use of the Software is limited to the amount you paid for the Software.

7. Third-Party Software or Technology

7.1. The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software), and such use has been legally authorized.

7.2. If any third-party software or technology is adopted for the Software, Aiter will demonstrate relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, or open source software pages and other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing agreements, other documents and web pages presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require Aiter to provide assistance. You shall be solely liable for relevant legal responsibilities.

7.3. Any third party shall be liable for resolving any dispute arising from the use of any third-party’s software or technology for the Software, which is irrelevant to Aiter. Aiter does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.

8. Statement on Intellectual Property Rights

8.1. Aiter is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all information related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by the laws and regulations of the region you are currently living in and corresponding international treaties. Aiter enjoys the intellectual property rights described above.

8.2. Without the prior written consent of Aiter, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Aiter reserves the right to pursue legal liability for such acts.

9. Amendment

9.1. Aiter has the right to amend the terms of this Agreement when necessary, and any such amended terms will be published on relevant web pages. If the User does not agree with the amended terms, the User shall cancel the service. The User's continuing to use the service constitutes acceptance of the amended terms of the Agreement.

9.2. Aiter has the right to modify or change the paid services provided, the charging criteria, charging method, service charges and service terms according to their needs. When providing services, Aiter may start to charge some users certain fees either now or in the future. If the User refuses to pay such fees, the User will be unable to continue using relevant services after the new charge begins. Aiter will do its utmost to notify the User of any amendments or changes by email or other means.

10. Export

You will comply with applicable export control laws, including but not limited to US, European and Chinese laws and regulations governing the export control of the technology contained in the software.

11. Applicable Law and Dispute Resolution

11.1. The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of relevant legal provisions, international business practices and/or business practices may be used as references.

11.2. This Agreement is signed in Haidian District, Beijing.

11.3．Both the User and Aiter agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the district where this Agreement is signed.

13. Other

12.1. For a specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read and agree to relevant separate agreement before using such specific service.

12.2. This Agreement shall enter into force on March 1, 2021.

12.3. The headings to all the terms of this Agreement are for ease of reference only and themselves contain no practical significance; they cannot be used in interpreting the meaning of this Agreement.

12.4. If any provision of this Agreement is or becomes invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.

Aiter