Service Agreement
Here you can learn about the service agreement you need to know when using Vocu
Welcome to use the Vocu service provided by HONGKONG VOCAREA TECHNOLOGY LIMITED (hereinafter referred to as "Vocarea") (also known as VocuAI, Vocu.ai, Vocu AI, etc., hereinafter collectively referred to as "Vocu" or "this service")!
In this Agreement, whether "Vocarea" or "Vocu" (and related similar names), may be used to refer to HONGKONG VOCAREA TECHNOLOGY LIMITED and Vocu-related services provided by HONGKONG VOCAREA TECHNOLOGY LIMITED, depending on the context.
This Agreement is a contract signed between Vocarea and you regarding matters related to your use of Vocu services. To use Vocu services, you should fully read and understand this Agreement.
By checking, clicking to confirm, or otherwise indicating acceptance of this Agreement, or by using Vocu services in any way, you are deemed to have read, understood this Agreement and agreed to be bound by this Agreement, and this Agreement shall have legal effect between you and Vocarea.
Article 1 General Rules
1.1 Vocu services refer to various value-added internet services such as voice cloning and voice synthesis services provided by Vocarea to users, as well as related software and hardware (if any) services, including components, products and other derivative services that constitute the aforementioned services. The specific services are subject to what Vocarea can actually provide, and you can choose to use one or more specific services according to your needs.
1.2 The voice cloning service provided by Vocarea to users refers to the use of technical means to create speaker voice characteristics (including standard target voice characteristics provided by Vocu and instant cloning or professional cloning voice characteristics) based on training or imitating speaker audio data, for synthesizing and outputting corresponding input text/audio into audio in the speaker's voice style.
1.3 Vocarea may provide you with one or more service contents (such as instant cloning, professional cloning, speech synthesis, sound effect synthesis, voice transformation, singing synthesis, music synthesis and other services) for selection. Please carefully read the service rules before using the services and select the services you need. The service content you select shall be subject to the content contained in the services you purchase. Vocu will provide services to you in accordance with these service terms, service rules and the service content you select.
1.4 Vocarea is a neutral technical service provider that provides you with various technical products and services according to the agreement; your websites, applications, software, platforms and any other products, services and related content are operated by you and you bear full responsibility. Vocarea and you each obtain the necessary operating licenses and qualifications required for your respective operations.
1.5 This Agreement serves as the basic agreement for your use of Vocu services and is legally binding on both Vocarea and you, and both Vocarea and you have the obligation to comply with it.
Vocarea will publish and display service agreements, service specifications/rules, service level agreements (SLA) and service descriptions, technical specifications, usage processes, operation documents, billing standards and other content related to specific Vocu services through the Vocu website or other agreed methods. The aforementioned published and displayed content is collectively referred to as service rules, which together with this Agreement constitute documents that are binding on you and Vocarea.
1.6 If the services you choose to use occur in or involve countries and regions outside mainland China and Hong Kong, China, you also need to comply with applicable local laws and regulations and other legally effective provisions, and follow relevant agreements between both parties.
Article 2 Account
2.1 To use Vocu services, you should register a Vocu account. A Vocu account is a service identifier for Vocarea to provide services to you. With the account, you can obtain corresponding Vocu services, including self-service purchasing services, querying bills, paying fees, managing resources, receiving Vocarea notifications, etc.
2.2 To register a Vocu account, you should have carefully read and agreed to the Vocu Account Agreement, have the necessary and appropriate legal capacity and capacity for conduct in accordance with the law, and have granted the operator sufficient rights to complete the registration process. You must submit your own legal, true and valid identity information to complete real identity verification. If you fail to submit real identity information or fail to pass real identity verification, Vocarea will not provide services to you in accordance with the law.
2.3 Your Vocu account and password are set by yourself. You should take appropriate security measures to keep your account and password safe; you should properly keep the verification channel information for sensitive permission operations of your account, such as your security phone, email, etc., to prevent related information from being leaked, invalidated or incorrect and causing security risks to you.
Vocu accounts are limited to your own use. Without Vocarea's consent, you may not provide your account to others for use in any way. You should be responsible for behaviors under your account. All operational behaviors under your account are deemed to be implemented by you and you should bear all legal consequences. If there are any unauthorized use behaviors under your account, you should immediately notify Vocarea so that Vocarea can provide you with corresponding help.
2.4 To ensure the security of your account, Vocarea reminds you that you should establish and improve internal management systems and standardize the use and management of Vocu accounts. If you authorize your employees or others to manage your account based on your business management needs, or use Vocarea's account authorization function (if it exists, such as setting up sub-accounts, creating and joining group account management), or authorize or accept others to perform certain operations on your account, you must do a good job of permission control, and timely handover and take necessary account security protection measures (such as changing passwords, changing login methods, setting account protection, deleting related authorizations, etc.) when personnel changes occur.
2.5 If your account information in Vocu is inaccurate, or if your account information changes, you have the obligation to update it in a timely manner. Vocarea has the right to dynamically verify your account information. If it is found that your account information is inaccurate, incorrect or does not meet regulatory requirements, it will notify you to correct it within a time limit.
2.6 You have the right to apply for cancellation of your Vocu account. Without violating legal and regulatory requirements and following Vocarea's account cancellation rules, Vocarea should cancel your Vocu account according to your request. Account cancellation is irreversible. Once you complete account cancellation, you will no longer be able to log in to that account. Please operate with caution.
2.7 You understand that to protect the network ecosystem and network security and maintain good network transaction order, both you and Vocarea have the obligation to comply with national laws and regulations and policy norms. For this purpose, Vocarea has the right to formulate corresponding Vocarea rules such as account agreements, network platform rules, and service specifications, and take corresponding restrictive and disposal measures against accounts that violate laws and regulations, policy norms and Vocarea rules.
Article 3 Services
3.1 Service Activation
3.1.1 You can select and purchase the required services online through the Vocu official website according to your own needs; you can also entrust your dedicated account manager or customer service representative to assist you in selecting and purchasing the required services. If your order is accepted by the system and shows successful order placement, it means the service purchase is successful. Vocarea should provide services to you according to your ordering requirements and service rules. If there are other agreements between you and Vocarea, they shall be executed according to the agreement.
3.1.2 You need to complete payment promptly after submitting your order. If the period displayed on the ordering page is exceeded, the system will automatically close the order; related services may also be unable to be successfully purchased due to time limits, inventory limits, or activity quantity limits during your order submission and payment period, resulting in insufficient quantity or reaching the limit.
3.1.3 Vocarea has the right to conduct marketing and promotion activities. During marketing and promotion periods, Vocarea may adopt preferential measures such as price discounts, service upgrades, and gifts, such as "limited-time free," "limited-time discount," "limited discount," "recharge discount," "gift service," etc. You understand that these preferential measures are temporary and phased, or have total quantity limits and purchase quantity limits, and may only apply to users who meet specific conditions, or have other conditional restrictions. Vocarea does not guarantee that all users can participate in activities and obtain preferential benefits.
Vocarea has the right to formulate activity rules. Users participating in promotional activities should read and understand the activity rules and obtain and use Vocu services according to the corresponding rules. Such activities are special discounts provided by Vocarea beyond normal service prices. You understand that the preferential benefits you obtain, including Vocarea price discount preferences and service preferences you enjoy outside of marketing promotion activities, cannot be applied simultaneously, and cannot be transferred or require Vocarea to repurchase, except as expressly permitted by activity rules and related agreements.
3.1.4 Vocarea may give specific services or partial items in services (collectively referred to as "gift services") to qualified customers based on various reasons such as customer feedback and marketing promotion. You understand and agree that gift services are additional benefits provided by Vocu to customers. The service content of gift services (including but not limited to service standards) may differ from full-price purchased services. You need to pay attention and confirm your agreement to accept them, otherwise, please do not use gift services. Gift service items or promotional activities cannot be discounted or offset against normal service prices.
3.1.5 Vocarea may from time to time launch free trial services such as public beta and internal beta. You can obtain and use them through voluntary application and other methods, and comply with this Agreement and related agreements for free services. You understand that such free services are usually not long-term or permanent. Vocarea will not make commitments to the availability and reliability of such services, nor will it bear any responsibility for the results of your use of such services. Vocarea reserves the possibility of making availability and reliability commitments for such free services and charging fees. Before charging service fees, Vocarea will notify you separately.
3.2 Service Fees
3.2.1 You can obtain Vocu services through prepaid or postpaid methods, subject to the payment methods supported by the services you purchase.
Prepaid, also called "prepayment," requires you to submit an order and complete payment before Vocarea provides corresponding services; postpaid means you use services first and then pay fees, and you need to pay fees within the payment period determined according to the service rules of that service.
3.2.2 Based on your business reputation, you may obtain a "credit limit" granted by Vocarea, allowing you to enjoy "postpaid" convenience for some services that require prepayment within the limit. You understand that the credit limit you can obtain from Vocarea depends on Vocarea's assessment of your business reputation, and Vocarea has the right to adjust it.
3.2.3 Whether for prepaid or postpaid services, if you and Vocarea have other agreements regarding fee payment, both parties should prioritize following such separate agreements. Your ordering of Vocu services within the credit limit does not affect the execution of relevant agreements between you and Vocarea regarding service fee billing periods and settlement.
3.2.4 You can query purchased services, fee payments, and outstanding balances through your Vocu account. To avoid affecting service continuity due to outstanding payments, Vocarea recommends that you timely check your bills and overdue payment notices and pay promptly. Vocarea provides you with various payment channels such as online payment and bank transfer as appropriate. You can choose appropriate methods for payment and pay attention to reserving reasonable time to ensure payment arrival. If you have outstanding payments, Vocarea has the right to charge you a penalty of 0.05% of your outstanding amount per day.
3.2.5 For your convenience, when system functions support it, you can set "auto-renewal" for some services. Auto-renewal means that when your purchased time-based billing Vocu services expire, if your Vocu account has sufficient available balance, the system automatically deducts fees for the next renewal cycle from your account. Unless otherwise clearly agreed, the price for auto-renewal is the price at the time the system executes the deduction.
3.2.6 Given the diversity of Vocu service billing methods, please pay attention to billing instructions when purchasing services and purchase according to your needs. For certain types and certain billing methods of services, once you purchase them, you need to pay fees even if you do not actually use them, including but not limited to the following situations:
(1) Package services. Such services include one or several service benefits and may have usage period requirements, with benefits cleared after the usage period expires.
(2) Time-based billing services. After purchasing services with time-based billing, you will receive services within the period, and fees should be paid throughout the period.
(3) Based on rules or agreements. For example, service rules have declared non-refundable in advance, or you have already promised Vocarea a minimum consumption amount.
If some continuous billing services are no longer what you actually need, Vocarea recommends that you check and close corresponding services yourself.
3.2.7 You can view your fee consumption status by logging into your Vocu account. You can request your fee consumption bill from Vocarea each month. This bill serves as evidence for fee settlement between both parties. If you have objections to the bill, you should raise them to Vocarea within 5 working days after receiving the bill; if you do not raise objections within the aforementioned period, you are deemed to have confirmed the bill. For bills you have objections to, you and Vocarea will jointly verify them, and the bill confirmed by both parties after verification shall prevail. During verification, you should first pay the undisputed amount. If you do not accept the verification results but have no concrete evidence proving billing errors, settlement fees shall be based on the bill provided by Vocarea.
3.2.8 You should pay fees to Vocarea promptly and in full. When you have outstanding payments, Vocarea may send you reasonable reminders or notifications. If you fail to pay service fees in full as agreed, in addition to requiring you to bear corresponding breach of contract liability, Vocarea also has the right to directly suspend corresponding services or terminate corresponding services at any time. If Vocarea terminates your services for this reason, it will send you necessary notifications.
3.2.9 If you have multiple Vocu accounts, each Vocu account is billed independently. You understand that if some of your accounts have outstanding payments, although Vocarea may give you the convenience of not affecting services for your accounts without outstanding payments, Vocarea always reserves the right to consolidate and handle fees across all your Vocu accounts. Vocarea has the right to use prepaid unconsumed funds in your accounts to offset outstanding payments from your other Vocu accounts and your other payable fees. If funds in all your Vocu accounts are insufficient to offset your outstanding payments and other payable fees, services will be refused and terminated for all your Vocu accounts.
3.2.10 Whether you pay Vocu service fees yourself, entrust others to pay Vocu service fees, or others pay fees for your Vocu account, all are considered your payment behavior. If you apply for fund refunds, you must follow Vocarea's fund refund rules, and Vocarea will prioritize refunding funds through the original channels according to refund rules. You understand that to fulfill obligations for preventing and controlling telecommunications network fraud, Vocarea has the right to freeze, return through original channels, or transfer to public security organs for handling funds you pay from suspicious sources. At this time, affected funds are deemed not to have been paid to Vocarea, and you need to separately supplement fees.
3.2.11 You can obtain Vocu services by purchasing points, which can be used to consume corresponding services. Points cannot be exchanged for any currency. You understand and agree that once points are purchased, except as explicitly stipulated by laws and regulations, they will not be refunded under any circumstances.
3.3 Service Support
3.3.1 Vocarea provides you with after-sales services. Vocarea provides consulting services through various methods such as online customer service, QQ groups, Discord communities, third-party customer service platforms, and email to assist you in solving problems encountered during the use of Vocu services. At the same time, Vocarea can also provide you with free or paid technical services, subject to announcements on Vocarea's official website.
3.3.2 Vocarea may introduce and recommend Vocu services to you through email, mobile text messages, and other methods. Whether promotional services are needed and which Vocu services to choose is decided by you.
3.3.3 Vocarea continuously optimizes, improves, and expands existing services to provide you with richer service types and service functions. You understand that newly added or expanded service types and service functions may require you to pay additional fees to use them. At the same time, Vocarea also has the right to charge for current free services, increase or decrease service prices, and announce on the Vocu official website or send you notifications when adjusting prices. Adjusted prices will take effect within the period determined by the announcement or notification. Except where both parties have other agreements.
3.3.4 Vocarea provides availability guarantees within the scope stipulated by service rules. If your availability requirements are higher than service rules, you can actively configure high availability for your own systems or contact Vocarea for assistance or technical support.
3.3.5 If Vocarea has not proposed clear written service level agreements (SLA) for a certain service, it is deemed not to provide availability, reliability, or concurrent performance guarantees for that service; Vocarea will make reasonable efforts to ensure the continuity of such services but will not bear any responsibility for the results of your use of such services.
3.3.6 You understand and agree that Vocarea's services are provided according to the current status achievable by existing technology and conditions. Vocarea will make reasonable efforts and ensure service continuity and security under appropriate security capabilities, but Vocarea cannot guarantee that its provided services are completely flawless. Therefore, even if Vocarea's provided services have flaws, if such flaws are unavoidable given the industry's technical level at the time, they will not be considered Vocarea's breach of contract, and Vocarea need not bear any responsibility. Both parties should cooperate friendly to solve problems together.
3.4 Service Suspension, Changes, and Termination
3.4.1 To provide you with more complete services, Vocarea has the right to regularly or irregularly conduct inspections, maintenance, upgrades, and optimization of service platforms or related equipment, systems, software, etc., which may cause short-term interruptions or suspensions of services you use. Vocarea need not bear responsibility for such interruptions or suspensions, but Vocarea should send you advance notice within a reasonable time.
3.4.2 Vocarea has the right to adjust and change the types and functions of services provided according to its own operational arrangements. If the aforementioned adjustments and changes affect your use of Vocu services, Vocarea will send you advance notice within a reasonable period before the adjustments and changes take effect. If relevant adjustments and changes will substantially reduce the functions and benefits of Vocu services you have purchased, Vocarea will provide corresponding adjustment plans. If you have objections to this, you should raise them within 30 days after Vocarea notifies you.
3.4.3 To ensure service security and stability, Vocarea may need to conduct major adjustments such as data center downsizing, transformation, migration, and equipment replacement. The aforementioned major adjustments may affect the services you use. Vocarea will notify you at least 30 days in advance so that you can migrate and adjust your business systems. You should actively cooperate in relevant data migration work. You promise to cooperate in completing corresponding operations according to the time specified by Vocarea after receiving Vocarea's notice, otherwise, you shall bear the corresponding consequences if your business cannot be accessed or other problems occur.
3.4.4 You understand that if Vocarea needs to interrupt providing services to you or cannot continue providing services to you due to executing orders and regulatory instructions from courts, government institutions, and other authorities, or to handle emergency events or threats to the security or integrity of Vocu services, Vocarea will modify, restrict, suspend, or terminate providing services to you within the affected scope. You understand that considering the urgency and particularity of relevant events, Vocarea may directly make such operations without prior notice at this time.
3.4.5 You can terminate some or all Vocu services you have activated according to this Agreement and Vocu service rules. You can also cancel all Vocu accounts you have registered to terminate the service relationship between Vocarea and you. You should pay attention to inspecting and evaluating the impact of terminating relevant Vocu services on your systems and operating business to avoid causing damage.
3.4.6 When services expire or are terminated, after you have paid off all service fees and borne corresponding breach of contract and compensation responsibilities (if any), you can apply for refund of prepaid but unconsumed funds under your Vocu account. If both parties have other agreements regarding fee clearing, they shall be handled according to the agreement.
Article 4 Third-party Products or Services
4.1 You can obtain and use products or services provided by third parties through the Vocu website and Vocu marketplace platform. At this time, the operators of third-party products and services establish corresponding service relationships with you and bear responsibility for products and services to you. Vocarea bears corresponding responsibility to you within its scope of responsibility as stipulated by service rules.
4.2 Some services under this Agreement may be provided by Vocarea's affiliated companies. Vocarea's affiliated companies shall bear corresponding responsibility to you according to relevant service rules while complying with this Agreement.
Due to reasons such as company mergers, divisions, business adjustments, etc., Vocarea may transfer some or all rights and obligations under this Agreement to Vocarea's affiliated companies or other designated third parties. Vocarea must notify you in advance and make efforts to ensure no adverse impact on the Vocu services you use. If you have objections to this, you may raise them to Vocarea within 30 days after receiving the notice.
Article 5 Network Security and Network Order
5.1 Both you and Vocarea have the obligation to comply with the laws and regulations of the People's Republic of China and other applicable laws and regulatory policies, and consciously maintain network security and network order.
5.2 You and Vocarea should each take security protection measures for your own network connections, business systems, and computer systems, prevent security vulnerability risks, and jointly prevent network security incidents. When network security incidents occur, both parties should bear responsibility within their respective security responsibility scopes.
If you need to enhance security protection measures, you can separately purchase and use security protection products and services provided by Vocarea according to your own needs. You understand that using security protection products and services is a necessary measure to improve the security of computer information systems and equipment, but Vocarea cannot and is unable to guarantee that your use of Vocarea's security protection products and services can absolutely guarantee your business security.
5.3 Vocarea should formulate network security incident emergency plans according to legal requirements, and promptly handle security risks such as system vulnerabilities, computer viruses, network attacks, and network intrusions in Vocu services and related business systems and computer systems that the services rely on; when events that harm network security occur, immediately activate emergency plans and take corresponding remedial measures.
5.4 Vocarea fulfills its legal obligations for information network security management. Vocarea has been committed to providing users with a civilized, healthy, standardized, and orderly network environment, conducting necessary inspections of public information accessing the Vocu platform, making the Vocu network healthy and clear, and operating in compliance. You may not use Vocu services to create, upload, copy, publish, transmit, disseminate, or repost content that violates national laws and regulations, including:
(1) Content that opposes the basic principles established by the Constitution;
(2) Content that endangers national security, leaks state secrets, subverts state power, or undermines national unity;
(3) Content that damages national honor and interests;
(4) Content that distorts, defames, blasphemes, or denies the deeds and spirit of heroes and martyrs, or infringes on the names, portraits, reputation, and honor of heroes and martyrs through insults, slander, or other means;
(5) Content that promotes terrorism, extremism, or incites the implementation of terrorist activities or extremist activities;
(6) Content that incites ethnic hatred or discrimination and undermines ethnic unity;
(7) Content that undermines national religious policies and promotes cults and feudal superstitions;
(8) Content that spreads rumors, disrupts social order, and undermines social stability;
(9) Content that spreads obscenity, pornography, gambling, violence, murder, terror, or incites crime;
(10) Content that insults or slanders others and infringes upon others' legitimate rights and interests;
(11) Content that contains other content prohibited by laws and administrative regulations.
At the same time, you need to take further measures to prevent and resist bad information containing the following content:
(1) Using exaggerated titles where content seriously does not match the title;
(2) Hyping scandals, disgraces, bad behaviors, etc.;
(3) Inappropriately commenting on natural disasters, major accidents, and other disasters;
(4) Content with sexual implications, sexual provocation, etc., that easily causes sexual associations;
(5) Displaying bloody, horrifying, cruel content that causes physical and mental discomfort;
(6) Inciting crowd discrimination, regional discrimination, etc.;
(7) Promoting vulgar, crude, pandering content;
(8) Content that may cause minors to imitate unsafe behaviors and behaviors that violate social morality, induce minors' bad habits, etc.;
(9) Inciting illegal assemblies, associations, parades, demonstrations, gathering crowds to disrupt social order;
(10) Activities in the name of illegal civil organizations;
(11) Other content that has adverse effects on the network ecosystem.
5.5 Vocarea establishes mechanisms for monitoring, identifying, and disposing of the use of Vocu services for telecommunications network fraud activities and supporting and assisting behaviors in accordance with relevant regulations. When Vocarea discovers clues and risk information about fraud-related illegal and criminal activities, it shall transfer them to relevant departments in accordance with relevant regulations, and lawfully provide technical support and assistance to relevant departments in obtaining evidence for handling telecommunications network fraud cases. Vocarea's review records can serve as evidence of user violations. Vocarea has the right to delete illegal information, ban accounts, temporarily or permanently prohibit the use of this service, and has the right to pursue user responsibility and demand compensation.
5.6 You should follow the norms and requirements of applicable laws. When you engage in Internet services and value-added telecommunications services within the territory of the People's Republic of China, you should obtain corresponding licenses or file records according to national regulations, and bear responsibility for the legality of your website content and service content.
5.7 If you apply this service to your products, applications, and functions within mainland China, and your products, applications, and functions involve the application of new technologies such as deep learning and virtual reality, as a deep synthesis service provider, you should comply with relevant regulations of applicable laws such as the "Provisions on the Management of Algorithmic Recommendations for Internet Information Services" and "Provisions on the Management of Deep Synthesis for Internet Information Services," including but not limited to:
(1) You should implement information security subject responsibilities, establish and improve management systems for algorithm mechanism review, user registration, information content management, data security and personal information protection, minor protection, employee education and training, etc., and have secure and controllable technical safeguard measures that adapt to the development of new technologies and new applications.
(2) You should formulate and publicly announce management rules and platform conventions, improve service agreements, prominently remind users (i.e., users of your products, applications, and functions, who are also users of deep synthesis services) of information security obligations, and lawfully and contractually fulfill corresponding management responsibilities.
(3) You should lawfully authenticate users' real identity information. If users do not authenticate their real identity information, you may not provide them with information publishing services.
(4) You should strengthen deep synthesis information content management, adopt technical or manual methods to review users' input data and synthesis results; establish and improve feature libraries for identifying illegal and bad deep synthesis information content, improve database entry standards, rules, and procedures, record and retain relevant network logs; lawfully take corresponding disposal measures against illegal and bad information, and lawfully and contractually take disposal measures such as warnings, function restrictions, service suspension, and account closure against relevant users.
(5) You should strengthen deep synthesis technology management, regularly review, evaluate, and verify algorithm mechanisms; when providing models, templates, and other tools with editing functions for biometric information such as human voices or non-biometric information such as special objects and scenes that may involve national security and social public interests, you should conduct security assessments yourself to prevent information security risks.
(6) You should strengthen training data management, ensure that data processing is legal and legitimate, and take necessary measures to ensure data security. When training data contains personal information data, you should also comply with relevant regulations on personal information protection and not illegally process personal information.
(7) You should add identifiers that do not affect user use to information content through effective technical measures for deep synthesis information content created by users using your products, applications, and functions, lawfully save log information, and make published and disseminated deep synthesis information content identifiable and traceable by yourself.
(8) You should prominently mark synthesized audio content in obvious locations to avoid causing public confusion or misidentification.
(9) You should establish and improve rumor refutation mechanisms. When you discover that users use deep synthesis technology to create, copy, publish, and disseminate false information, you should promptly take corresponding rumor refutation measures and report relevant information to cyberspace administration and other departments for filing.
(10) You should set up convenient and effective user complaint and public complaint and reporting entrances, announce processing procedures and feedback time limits, and timely accept, process, and provide feedback on processing results.
(11) You should fulfill filing procedures within ten working days from the date of providing services in accordance with relevant regulations of the "Provisions on the Management of Algorithmic Recommendations for Internet Information Services."
5.7.1 If you launch new products, new applications, and new functions with public opinion attributes or social mobilization capabilities based on new technologies or new applications such as deep learning and virtual reality within mainland China, or adjust and add relevant products, applications, and functions, you should conduct security assessments according to relevant national regulations.
5.8 You should lawfully use Vocu services. You may not engage in illegal or criminal activities, nor use Vocu services to provide help or convenience for others' illegal or criminal activities. You may not engage in the following behaviors that harm network security and network order:
(1) Engaging in activities that harm network security such as illegally intruding into others' networks, interfering with others' normal network functions, and stealing network data;
(2) Providing programs and tools specifically used for engaging in activities that harm network security such as intruding into networks, interfering with normal network functions and protective measures, and stealing network data;
(3) Implementing network illegal behaviors such as telecommunications network fraud;
(4) Knowingly providing technical support, advertising promotion, payment settlement, and other assistance to others who engage in activities that harm network security, telecommunications network fraud activities, and other network illegal behaviors;
(5) Other behaviors that destroy Internet security and order.
5.9 Your use of Vocu services must not harm Vocarea's operational stability and security, and must not infringe upon others' legitimate rights and interests. You may not engage in the following behaviors:
(1) Implementing any behavior that changes or attempts to change the system configuration provided by Vocu services or destroys system security;
(2) Interfering or attempting to interfere with the normal operation of any Vocu product or any part or function in any way, or creating, publishing, or disseminating the aforementioned tools, methods, etc.;
(3) Violating operating regulations of networks, equipment, or services connected to Vocarea's network, implementing illegal or unauthorized access, theft, interference, or monitoring;
(4) Using technology or other means to destroy or disrupt the operation of Vocu services or others' use of Vocu services;
(5) Publishing or disseminating spam or implementing behaviors that infringe upon others' intellectual property rights or any other legitimate rights and interests, such as "private servers" and "game cheats";
(6) Using services provided by Vocu as virtual servers, illegal proxy servers, and mail servers, or using services provided by Vocu to engage in commercial activities such as DDoS protection and DNS protection without Vocarea's consent;
(7) Causing adverse effects on the Vocu service platform or others due to your websites, services, and businesses suffering abnormal large traffic visits or unreasonable resource occupation, frequent attacks (including but not limited to DDoS attacks), and failing to take timely disposal measures or eliminate impacts according to Vocarea's requirements;
(8) Using IP addresses, bandwidth, and other network access resources obtained from Vocarea to operate IDC, ISP, and other businesses within the territory of the People's Republic of China;
(9) Other behaviors that Vocarea explicitly opposes or does not allow, such as engaging in virtual currency "mining" activities.
5.10 You understand that various contact methods provided by Vocarea can also serve as complaint handling platforms or reporting platforms. You can submit complaints or reports to Vocarea through various contact methods provided by Vocarea, including but not limited to online customer service, QQ groups, Discord communities, third-party customer service platforms, email, etc. After receiving your complaints or reports, Vocarea will verify and handle them according to specific circumstances.
5.11 If Vocarea discovers through its own investigation or based on information from relevant departments and complaints from rights holders that you may have behaviors that violate relevant laws and regulations or this Agreement, it has the right to require you to immediately delete or modify relevant content or correct your own behavior. At the same time, Vocarea may report your suspected illegal or criminal behaviors to competent authorities. Furthermore, to block and shield harmful behaviors and protect the normal operation of Vocu services, Vocarea has the right to restrict or suspend providing you with all or part of Vocu services, terminate providing you with Vocu services, and restrict and freeze your Vocu accounts.
Consequences and losses such as service unavailability, business suspension, and data clearing caused by Vocarea taking the aforementioned measures shall be borne by you; if your behavior causes losses to Vocarea or third parties, you should compensate accordingly. Vocarea reserves the right to pursue your other responsibilities according to laws, regulations, and this Agreement.
Article 6 User Business Data
6.1 Vocarea recognizes that the user business data you upload, store, distribute, process, and otherwise handle through Vocu services are all your data, and you completely own your business data. You also understand that the information and data recorded by Vocarea that are generated from your use of Vocu services, such as log information, measurement and billing information, and service consultation information, are owned by Vocarea accordingly.
6.2 You can perform corresponding data backups according to the importance of user business data. Vocu services may provide you with data backup functions or tools. If you use such functions or tools, you need to be responsible for executing backup operations. Vocarea only bears responsibility within the scope of data backup services provided by law or agreement.
When you release services or delete user business data, your data in Vocu services or Vocarea data centers will be cleared, Vocarea will no longer continue to retain your business data, and has no obligation to restore or return your business data. You have the obligation to operate carefully when executing data clearing actions to avoid operational error risks.
6.3 When Vocu service terms expire or services are terminated, you should promptly clear or migrate your business data. You should complete data clearing or migration within the data retention period stipulated by service rules (if there is no stipulation, based on the reasonable period contained in the notice sent by Vocarea to you). Except as otherwise provided by law, required by relevant departments, or otherwise agreed by both parties, Vocarea may delete user business data after the data retention period expires and no longer retain any of your business data.
6.4 When you conduct data processing activities, you need to follow applicable data security and personal information protection laws and regulations, and independently bear the responsibilities and consequences caused by violating applicable laws and regulations. If your business data contains personal information, you should guarantee that you have obtained the consent of personal information subjects and have the right to transmit their personal information to Vocu for data processing.
6.4.1 You should collect data in legal and legitimate ways, not steal or obtain data in other illegal ways; collect and use data within the purposes and scope stipulated by laws and regulations; data collection and processing should comply with your agreements with relevant data subjects.
6.4.2 You should take corresponding technical measures and other necessary measures to ensure data security; you should strengthen risk monitoring and immediately take remedial measures when discovering data security defects, vulnerabilities, and other risks.
6.4.3 You should comply with relevant regulations of applicable laws and regulations on data security assessment, data cross-border transfer, and network security level protection, and fulfill corresponding legal obligations.
6.5 You understand and agree that in order to provide you with voice cloning related services, Vocu may collect, transmit, use, process, and store voices of you and persons who authorize you to use their voice data through [your terminal device] to realize the functions of this service. For this purpose, you agree and authorize Vocu to: (1) obtain microphone permissions of terminal devices; (2) conduct environmental noise detection; (3) collect personal voices, limited to reading designated texts provided by this service and user-defined texts.
6.6 You understand and agree that: Vocu lawfully provides you with technical capabilities for voice cloning services. All personal information that you collect, obtain, and provide to Vocu for training personalized customized voice characteristics, including corpus data, makes you an independent personal information processor. Lawfully collecting and using personal information (personal information under this service refers to human voice audio you collect from information subjects and other types of personal information of information subjects) is a necessary prerequisite for your use of this service. To lawfully use this service, you confirm that you have taken measures including but not limited to the following to ensure that you lawfully collect and use personal information: (1) Lawfully protect the legitimate rights and interests of information subjects (including but not limited to the right to know, right to choose, etc.), adhere to the principles of legality, legitimacy, and necessity, and lawfully collect and use personal information of information subjects. (2) You have obtained legal, sufficient, and explicit consent from information subjects through privacy policies or other authorization forms (for sensitive personal information, you also need to separately obtain separate consent from information subjects). Authorization content should include relevant personal information processing activities that you necessarily involve in conducting this service according to these service terms, specifically that Vocu conducts corresponding entrusted personal information processing activities based on your entrustment on the basis of personal information you collect and upload to this service in order to provide you with this service, and Vocu does not need to separately obtain authorization or permission from any subject. (3) Without authorization from information subjects or when information subjects withdraw/terminate authorization, you should stop using this service for relevant information subjects and promptly delete relevant information of information subjects. (4) Whether personal information of information subjects is information you already possessed before using this service or information you collect and use due to using this service, it should all comply with requirements of laws and regulations and these service terms. (5) As an independent personal information processor, you should have corresponding information security protection capabilities and fulfill information security guarantee obligations to information subjects. Vocu does not make any guarantees for your information security protection capabilities and data processing behaviors. (6) You should provide information subjects with easy-to-operate mechanisms for realizing information subject rights such as accessing, copying, correcting, deleting their personal information, withdrawing or changing their authorization consent, and canceling their personal accounts. Vocu will provide you with necessary capability support within the achievable scope of this service. (7) Other measures that should be taken to lawfully protect the legitimate rights and interests of information subjects.
6.7 You understand and agree that: To achieve service purposes, Vocu follows the principles of legality, legitimacy, necessity, and good faith, and conducts data processing activities (including personal information) based on your entrustment, instructions, and needs for the purpose of providing you with this service. Vocu's data processing activities will not exceed the scope of your instructions, and you have the right to supervise Vocu's data processing behaviors.
6.8 If you fail to obtain legal and valid consent and authorization from information subjects, or your entrusted instructions violate laws and regulations (including but not limited to the "Civil Code of the People's Republic of China," "Personal Information Protection Law of the People's Republic of China," "Cybersecurity Law of the People's Republic of China"), or you use Vocu services for illegal business activities, Vocu has the right to immediately notify you and stop providing related services without bearing any responsibility, and you shall independently bear tort liability and other legal responsibilities to information subjects.
6.9 The data processing location for voice cloning related services is within the territory of the People's Republic of China. Vocu will only retain your personal information and data for the shortest period necessary to provide this service. Except for information that must be retained as stipulated by laws and regulations, Vocu will stop all data use behaviors after the data processing period ends, or return relevant personal information (if any) to you or delete all such personal information according to your instructions. If laws and regulations do not allow Vocu to delete such personal information, Vocu may not use such personal information for any purposes other than your entrustment and instructions. If deletion of personal information is technically difficult to achieve, Vocu will stop processing except for storage and taking necessary security protection measures.
6.10 You should adopt necessary measures to protect your own information based on the principles of prudence, reasonableness, and legality, including but not limited to improving internal management standards, necessary security protection technologies, and being prudent in cooperating with third parties.
6.11 Vocu has the right to take appropriate measures to verify and check whether you have fulfilled corresponding obligations stipulated in the usage rules and data processing requirements in these service terms. You should provide necessary assistance and cooperation for such verification and checks (including but not limited to uploading legality authorization certificates related to audio data). Regardless of whether Vocu has taken verification and checking measures and what the verification and checking conclusions are, it does not affect your bearing the aforementioned guarantee obligations and responsibilities. If you fail to fulfill corresponding obligations stipulated in the usage rules in these service terms or violate laws and regulations, Vocu has the right to unilaterally take immediate measures based on unilateral reasonable judgment, including but not limited to deleting relevant information and data, suspending services, freezing or canceling your account, without bearing any responsibility. You shall independently bear tort legal responsibilities and other legal responsibilities to information subjects; if Vocu suffers losses due to processing information subject information (including but not limited to compensation and/or recompense to information subjects and other third parties, administrative penalties, reputation losses, etc.), you should compensate Vocu for all losses.
6.12 Vocarea protects data stored by customers in Vocarea data centers according to applicable laws and bears corresponding security guarantee obligations for user business data.
Except as otherwise provided by laws and regulations or as required to execute your service requirements, without your consent, Vocarea will not make any unauthorized use or disclosure of your business data.
Article 7 Intellectual Property
7.1 The intellectual property rights of any materials, technology or technical support, software, services, etc. provided by one party to the other under this Agreement belong to the providing party or its legitimate rights holders; beyond this, unless the providing party or legitimate rights holder expressly agrees, the other party has no right to copy, disseminate, transfer, license, or provide others with the use of the aforementioned intellectual property rights.
7.2 Except where clearly noted otherwise, the intellectual property rights of content provided by Vocarea in various services, including but not limited to software, technology, programs, algorithms, models (including standard models and customized models), code, API lists, technical documentation, developer tools, web pages, text, images, audio, video, charts, layout designs, etc., belong to Vocarea. You only have the right to use them according to the provisions of these service terms and may not damage Vocarea's intellectual property rights and interests in any way; except with Vocarea's express consent, you have no right to copy, disseminate, transfer, license, or provide others with the use of the aforementioned content and related intellectual property rights. You also may not crack software, systems, etc. provided by Vocarea, conduct reverse engineering, decompilation, disassembly, or otherwise attempt to discover source code or bypass any technical restrictions.
7.3 You should guarantee that any content and the behavior itself that you provide, publish, upload, and process during your use of Vocarea's various services (including but not limited to software, technology, programs, web pages, text, images, pictures, audio, video, electronic documents, other data, etc.) are either your original work or have obtained legal authorization (including sub-authorization). You further guarantee that the aforementioned content shall not contain any content that violates applicable laws or infringes upon third parties' legitimate rights and interests (including but not limited to voice rights, intellectual property rights, and legitimate rights and interests of personal information, hereinafter the same), and you will not use this service to infringe upon third parties' legitimate rights and interests.
7.4 You understand and agree that the intellectual property rights of voice characteristics (including standard target voice characteristics and customized cloned voice characteristics) provided by Vocu to you all belong to Vocarea. According to the different service content you choose, you have different rights and interests in voice characteristics: (1) If you choose to use Vocu standard target voice characteristics to synthesize audio, you only have the right to use them according to the provisions of these service terms and may not damage Vocu's legitimate rights and interests in any way; (2) If you choose to provide voice corpus data to Vocu yourself to train customized voice characteristics, you have the right to use such customized voice characteristics. You have the right to decide whether to authorize Vocu to use them according to your own situation, which shall be determined by separate agreements signed by both parties. Vocu will only use (including licensing third parties to use) such customized voice characteristics after obtaining your written explicit authorization and consent.
7.5 You have the right to use audio content synthesized by this service, but you should make your own judgment about the synthesized audio content and bear all risks and legal responsibilities arising from the use of such content, including all risks arising from reliance on the legality, non-infringement, correctness, accuracy, completeness, practicality, or satisfaction of specific purposes of synthesized audio content. Vocu cannot and will not bear responsibility for any losses or damages you suffer due to the aforementioned risks.
7.6 The trademark rights, copyright, or other intellectual property rights enjoyed by each party respectively shall still be enjoyed separately by each party and will not be transferred to the other party or jointly enjoyed by both parties due to the signing or performance of these service terms.
7.7 Vocarea reserves the intellectual property rights and other rights and interests of service results and service derivatives under this Agreement; except as otherwise clearly stipulated in this Agreement, nothing in this Agreement shall be interpreted as granting you the intellectual property rights and other rights and interests of the aforementioned service results and service derivatives.
7.8 Each party should respect the intellectual property rights of the other party and third parties. If any third party brings lawsuits or claims against one party for reasons of infringing upon their intellectual property rights and other legitimate rights and interests, the responsible party should independently handle related disputes, compensate the other party for direct economic losses, and hold the other party harmless.
7.9 If a third party makes claims against you, alleging that your acquisition and use of Vocu services in accordance with this Agreement infringes upon rights holders' intellectual property rights, or if Vocarea believes such claims may be raised, Vocarea will decide at its own discretion: (a) to obtain for you the right to continue using applicable Vocu services; (b) to modify Vocu services or replace the original services with non-infringing software or services that do not seriously damage service functions; or (c) if the above solutions are not commercially reasonable, to terminate applicable orders and refund proportionally the fees you prepaid to Vocarea for services involved in such claims (or potential claims).
Vocarea will provide you with available necessary and reasonable information and assistance for settlement or defense, and bear corresponding compensation responsibilities for damages to you caused by reasons attributable to Vocarea. However, for claims raised by third parties under the following circumstances, you should defend independently and pay compensation for any adverse final judgments or settlements: (a) your use of technology, software, or software improvements not provided by Vocarea; (b) technology, software, or software improvements developed by you independently; (c) software or technology that you combine or modify with Vocu products and other third-party software or technology; (d) services or products provided by Vocarea according to your special requirements or specifications that meet specific standards or requirements; (e) responsibilities arising from your failure to follow or execute Vocu service rules and related notices.
Article 8 Confidential Information
8.1 Both you and Vocarea have provided or will provide or disclose certain confidential information for the purposes of this Agreement. The party disclosing confidential information is the "Disclosing Party," and the party receiving confidential information is the "Receiving Party."
8.2 "Confidential Information" refers to non-public information, data, materials, etc. held by the Disclosing Party related to its business, operations, technology, rights, and other matters, including but not limited to business planning, commercial materials, technology-related knowledge and information, creativity, ideas, proposals, provided goods or vendor materials, user information, personnel materials, business plans, service prices and discounts, financial status, etc.
8.3 Information obtained by the Receiving Party from the Disclosing Party that is marked or can be reasonably recognized as belonging to the Disclosing Party's confidential information shall be kept confidential by the Receiving Party. Without written consent from the Disclosing Party, it may not be disclosed to third parties or used for purposes outside this Agreement in any way. The Receiving Party should treat the Disclosing Party's confidential information with the same degree of care as it treats its own confidential information (and not less than reasonable prudent duty).
8.4 Despite the aforementioned provisions, information meeting one of the following circumstances is not considered confidential information:
(1) Information that the Receiving Party already possessed through legal channels or means before the Disclosing Party disclosed it to them;
(2) Information that already belongs to the public domain, or information that is disclosed not due to the Receiving Party's violation of this Agreement;
(3) Information that the Receiving Party legally learns from other third parties with the right to disclose materials and bears no confidentiality obligations;
(4) Information independently obtained or developed by the Receiving Party without using or referencing any confidential information from the Disclosing Party.
8.5 If the Receiving Party needs to lawfully disclose the Disclosing Party's confidential information based on legal requirements or regulatory requirements, this is not considered a violation of this Agreement, but the Receiving Party should notify the Disclosing Party as soon as possible within the scope permitted by law. At the same time, the Receiving Party should strive to help the Disclosing Party effectively limit the disclosure scope of such confidential information and protect the Disclosing Party's legitimate rights and interests.
8.6 Both parties' confidentiality obligations remain effective during the validity period of this Agreement and continue after the expiration of the period until the relevant information no longer has confidential significance.
8.7 Once a confidential information leak incident occurs, both parties should cooperate to take all reasonable measures to avoid or mitigate the occurrence of harmful consequences; if the Receiving Party's violation of confidentiality obligations causes losses to the Disclosing Party, the Receiving Party should compensate for the direct economic losses thereby caused to the Disclosing Party.
Article 9 Export Control and Sanctions Law Compliance
9.1 All parties commit to complying with the export control laws and regulations of the People's Republic of China, and on this premise, comply with all economic and trade sanctions and export control laws and regulations applicable to this Agreement (the aforementioned laws and regulations and sanctions are collectively referred to as "Applicable Export Control Laws"). You commit not to use products or services provided by Vocarea for purposes prohibited by Applicable Export Control Laws. Without permission from national export control management departments or relevant government departments, you, as well as individuals or entities authorized by you to use products or services provided by Vocarea, will not provide controlled technology, software, or services to individuals or organizations listed on control lists and other prohibited or restricted transaction lists through products or services provided by Vocarea in ways that violate Applicable Export Control Laws, or cause Vocarea to violate Applicable Export Control Laws in any way.
Article 10 Breach of Contract Liability
10.1 A party that violates the provisions of this Agreement shall bear liability for breach of contract in accordance with the provisions of this Agreement and relevant laws.
10.2 You should guarantee that any materials submitted to Vocarea, your use of Vocarea's services, and results produced by using Vocarea's services do not infringe upon any third party's legitimate rights and interests. You agree that due to your own violations of laws and regulations, violations of this Agreement, or your infringement of others' rights, any claims or requests made by any third parties against Vocarea or its affiliated companies, or any losses incurred by Vocarea and its affiliated companies as a result, you agree to provide full compensation. Upon Vocarea's request, you must defend Vocarea and hold Vocarea harmless from the aforementioned compensation. In this process, Vocarea should promptly provide you with written notices from third parties and provide you with available necessary and reasonable information and assistance for settlement or defense. Any settlement you reach with third parties regarding the aforementioned claims or requests may not impose any burden on Vocarea or damage Vocarea's rights and interests.
10.3 Under any circumstances, Vocarea shall not be liable for any indirect, incidental, special, or punitive damages and compensation, such as profit losses, opportunity losses, reputation/goodwill losses or damages, etc.
Vocarea's liability for loss compensation under this Agreement shall not exceed the total amount of service fees you paid for such services in the past 12 months when the damage occurred.
Article 11 Force Majeure and Disclaimer
11.1 Force majeure refers to circumstances that are unforeseeable to all parties to the Agreement and whose occurrence and consequences are insurmountable and unavoidable, including but not limited to: natural disasters such as floods, hail, tsunamis, typhoons, droughts, fires, etc.; government actions such as policies, laws, regulations promulgated, adjusted, or changed by government authorities and new behavioral measures taken that result in the inability to perform the agreement; abnormal social phenomena such as riots, diseases, wars, strikes (but excluding internal labor disputes of each party), etc.; other events that cannot be foreseen, overcome, or avoided and cause significant impact on one or all parties.
11.2 If any party (the "Affected Party") is unable to perform all or part of its obligations under this Agreement due to force majeure, it shall not be considered a breach by the Affected Party, and the Affected Party shall not bear any damages, losses, or increased costs suffered by the other party due to non-performance or delayed performance of obligations under this Agreement caused by force majeure.
11.3 After encountering force majeure, the Affected Party should take appropriate measures to reduce or eliminate the impact of force majeure and should resume performing obligations affected by force majeure as soon as possible within the feasible scope. At the same time, the Affected Party should immediately notify the other party and should provide necessary and reasonable supporting documents to the other party within [15] days after the occurrence of force majeure, explaining the reasons for non-performance or delayed performance of all or part of the obligations.
11.4 If force majeure causes the Affected Party to be unable to perform all or part of its obligations under this Agreement for a continuous period of [60] days or more, both parties should negotiate to determine the conditions for continuing to perform this Agreement or to terminate this Agreement. If the parties cannot reach agreement on the conditions for continuing to perform this Agreement within [30] days after beginning negotiations, either party may immediately send a termination notice to the other party.
11.5 You understand that given the characteristics of the Internet and cloud services, service anomalies caused by the following circumstances do not constitute a breach by Vocarea. Service anomalies refer to unplanned service interruptions or suspensions by Vocarea, failure to provide services according to promised service standards, inability to meet users' most basic service requirements, and other abnormal situations where service utility is reduced.
(a) Changes in basic telecommunications resources. Including but not limited to technical adjustments by telecommunications departments, installation, transformation, and maintenance of telecommunications network/power resources by telecommunications/power departments, and damage to telecommunications/power lines;
(b) Control actions by government authorities and operators;
(c) Public network congestion, reduced operational efficiency, or hacker activities;
(d) Other circumstances not caused by Vocarea's fault that Vocarea cannot control or reasonably foresee.
11.6 You understand that many of Vocu's services are synthesized based on content you input. If synthesized content causes doubts or discomfort, you are welcome to provide feedback to Vocu through various customer service channels at any time. Vocu will highly value your opinions and take timely and effective measures, and expresses sincere gratitude to you. However, if you publicly disseminate synthesized sensitive content or unreasonable and ambiguous content, any infringement, disputes, or losses thereby caused shall be borne by you, and Vocu shall not bear responsibility for this.
11.7 You shall be responsible for your use, processing, sharing, and other behaviors regarding various services or content (including but not limited to data generated by services) that Vocu provides based on this Agreement. You should make your own judgment about content provided by Vocu and bear all risks arising from the use of such content, including all risks arising from reliance on the correctness, accuracy, completeness, applicability, legality, non-infringement, practicality, or satisfaction of specific purposes of data generated by Vocu. Vocu cannot and will not bear responsibility for any losses or damages you suffer due to the aforementioned risks.
11.8 If you use Vocu services in ways not authorized by Vocarea, or you operate improperly or incorrectly, or software, hardware equipment, systems, or communication lines that you manage and maintain experience failures that cause your Vocu services to be unable to function normally and cause other derivative damages, you need to bear responsibility yourself, and Vocarea need not bear responsibility for this.
Article 12 Notification and Delivery
12.1 Vocarea may send you business notifications, service reminders, billing information, payment/renewal notices, verification messages, marketing information, service rule updates, violation disposals, and other various notifications and information related to Vocu services through one or more of the following methods: web announcements, system notifications, internal messages, emails, mobile text messages, dedicated service communication tools, letters, etc. The aforementioned notifications and information are deemed delivered under the following circumstances:
(1) Delivered by special person: deemed delivered when the recipient signs for it.
(2) Published in the form of web announcements, etc.: effective immediately upon publication (unless otherwise specified).
(3) Sent in electronic form: including system notifications, internal messages, emails, mobile text messages, dedicated service communication tools, etc., deemed delivered after successful sending.
(4) Delivered by prepaid courier companies or by registered mail: deemed delivered on the 3rd day after mailing.
If the delivery time falls on a legal holiday, the first working day after delivery shall be the delivery date.
12.2 To enable you to receive Vocarea's notifications and information in a timely manner, Vocarea may send them to you through multiple methods. At the same time, Vocarea also provides you with subscription tools for notifications and information, allowing you to choose to enable or disable certain notification methods and certain types of information according to your needs. If you choose to disable receiving certain notifications and information, you cannot claim that these notifications and information are ineffective to you because you did not subscribe to that type of notification and information.
12.3 You should send notifications to Vocarea according to Vocarea's contact information published on the official websites of Vocarea's related products or services. If you have a dedicated account manager or customer service representative, you may also submit requests to Vocarea through them. If you do not notify Vocarea according to the agreed methods and channels, your notification may fail to reach Vocarea or be delayed in reaching Vocarea.
Article 13 Agreement Updates
13.1 Based on the characteristics of network services such as timeliness, complexity, and efficiency, as well as reasons such as responding to regulatory requirements and policy norms, you agree that Vocarea may adjust this Agreement and Vocarea's related service rules and publish them through one or more of the following methods: website announcements, email notifications, text message notifications, system messages, internal messages, etc. If you continue to use Vocu services after the adjustments, it indicates that you have fully read, understood, and accepted the modified content and will follow the modified content.
Article 14 Legal Application and Dispute Resolution
14.1 The place of signing of this Agreement is the Hong Kong Special Administrative Region of the People's Republic of China.
14.2 The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall all be governed by the laws and regulations of Mainland China and Hong Kong.
14.3 Unless otherwise provided in the context of this Agreement, the terms in this Agreement shall apply the following definitions: (1) "Users" refers to end users who use this service, including you. (2) "Affiliated companies" refers to entities controlled by one party, entities controlling one party, and entities jointly controlled with one party by the same entity; "control" here refers to the power of one entity to dominate the main business behaviors or activities of another entity, and such power may be formed based on equity, voting rights, and other relationships generally considered to have dominance or significant influence. (3) "Use" of this service refers to behaviors including but not limited to installation, access, display, operation, trial, use, etc. (4) "Content" refers to various forms of information, materials, and content including but not limited to data, text, sound, images, videos, files, software, etc. (5) "Business data" refers to all data and content that users collect, transmit, store, and process using this service, including but not limited to all text, sound, image, or video files, etc. (6) "Generated data" refers to relevant data that Vocu processes and generates using algorithmic capabilities based on your requirements and instructions. (7) "Force majeure events" refers to objective circumstances that cannot be foreseen, avoided, or overcome, including but not limited to natural disasters, government actions, promulgation or adjustment of laws, strikes (excluding internal labor disputes of any party), riots, etc.
14.4 For disputes arising from this Agreement, both parties should first resolve them through negotiation; if the parties cannot resolve them through negotiation, either party may file a lawsuit in the court where Vocarea is located.
Article 15 Other
15.1 Considering the services that Vocarea provides to you, you authorize Vocarea to use your name, trademarks, and other commercial identifiers, as well as this Agreement project as successful cases to display to potential customers during information display, marketing promotion, business opportunity negotiations, and other processes, but Vocarea must not violate the provisions regarding intellectual property rights and confidentiality in this Agreement.
15.2 Unless otherwise specified, all "days" in the main text and appendices of this Agreement are natural days, and the settlement currency is Hong Kong dollars, which can be exchanged through other currencies at real-time exchange rates for transactions.
(End)
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