1. Service Scope
Thank you for using our Gokuai Cloud Storage Service. All the software and services listed in the service scope or service contract to be signed are collectively known as “The Service”. This refers to the cloud storage service we offer to you, including on-line office, file storage, data sharing, other internet applications, and the update of your service or products for the duration of the contract.
2. Access to Service
In order to obtain access to The Service, you must complete the following tasks. Register a Gokuai account according to the suggestions found on the Registration Page and ensure the account is valid long-term. Read and accept the service terms. Read and accept the software service terms, then complete payment. After completing the above tasks, you will be sent a valid software service contract and we will offer you The Service.
3. Contract Signing
You can sign the software service contract only if you are of legal age in accordance with applicable laws. If you have not reached the legally requisite age, it must be signed by a parent or statutory guardian. Any one of the following situations will imply that you have read and accepted the terms and conditions of the software service contract:
(a) You have clicked the button “I agree” or “I accept” to show that you have confirmed to agree or accept the service terms or the digital version of the contract; (b) You have signed the paper version contract with us offline; (c) You have actually used the service (including any third party service accompanied by The Service). If you have accepted the contract online, you may turn to the printing function of your browser to print the online version of this digital contract for internal filing.
4. Service Scope
Please refer to our official website www.gokuai.com for service scope. We have the right to shift the scope of service and the ways in which we offer service (including but not limited to the service terms). Furthermore, the new contents or services after being modified as well as the summary and/or descriptions of the functions based on them will become an integral part of the contract or service terms. We will timely inform you and you have to read the modified contents timely and consciously abide by them when using The Service.
5. Service Fees
The services offered in the contract and the service terms charge fees. Only if you have confirmed to accept the services and completed payment will we offer you the service within a certain period of time (“Service Period”). We have the right to adjust fee standards at any time based on actual conditions, but these adjustments will not affect services you have already purchased. As to the adjustments of fees, please refer to our official website www.gokuai.com.
The service fees do not cover relevant expenses generated by you or members browsing the internet or mobile networks. Whether the service is fee-based or not, you must pay such fees to the third party of your own accord, network operator included, for fees resulting from usage of such services. The fees may include internet access fees, telephone bills, and SMS fees.
6. How to Use the Service
When using The Service, you shall:
Abide by any applicable laws including applicable international treaties or conventions.
Abide by all contracts, codes, rules, procedures or notices related to The Service.
Properly maintain your account information and inform us promptly if you notice any illegal usage of your account or any malware attacking your account.
Ensure that the data you upload or store is safe and virus-free, Trojan-free, and safe from any other harmful programs.
Back up your data properly and timely.
7. Rights and Obligations
1. Your Rights and Obligations
1) You agree to abide by the Software Service Contract, the Gokuai Service Agreement, the Service Terms and relevant managing norms and processes shown on the demo page of the Gokuai official website. The contents in the above mentioned contract or norms may not be altered. If, however, there is any change in the Software Service Contract, Gokuai shall inform you on a proper page of the official website of the modified contents 30 days in advance. If you do not agree to the modifications, you have the right to raise an objection within 15 days. If the two parties are unable to reach an agreement, you may stop using the service. In such circumstances, Gokuai will settle accounts with you and give you access to download your stored data. If you decide to continue usage of Gokuai or fail to raise any objection, you will be considered to be willing to accept the modifications on relevant terms of the Software Service Contract.
2）You shall pay the relevant charges according to the suggestions on the Goukuai Webpage and agreements in the contract.
3）You are committed to the following terms:
A. If you use the services offered by Goukuai, your business operations shall have obtained permission or approval as necessary from relevant authorities.
B. Unless licensed by Goukuai, the software shall not be modified, translated, transformed, leased, transferred nor shall it be spread or transferred on the internet. Do not attempt to discover the source code offered by Goukuai through reverse engineering or decompilation.
C. You must abide by the relevant contracts of license if the service offered by Goukuai is involved with a third party.
D. Do not spread junk mail （SPAM）. Do not use the service offered by Goukuai to spread a multitude of unpopular or unrequested e-mails or EDM, or any e-mails containing such contents as reactionary remarks, pornography, or provocative political remarks.
E. Do not resell or release the purchased service or part of it, such as memory space.
F. Do not use the resources or services offered by Goukuai to upload, download, store, or publish the following information nor offer any convenience for others to publish such information (including but not limited to setting URLs or banner links):
a) Political propaganda or news violating national regulations
b）Information involved with national secrets or security
c) Information relating to feudal superstition/pornography or subornation.
d) Illegal publishing activities involved with gaming, gambling, the private server or external hanging.
e) Information violating national ethnic or religious polices.
f) Information threatening internet operations security.
g) Information or contents violating the legitimate rights of other people or hindering the social order, public security, or morality.
h) Other contents violating laws or regulations, departmental rules, or national policies.
G. Do not change or attempt to change the system configuration offered by Gokuai nor to break the system security.
H. Do not engage in other behaviors violating law, conventions, or rules set by Gokuai.
If your violations on the above mentioned terms are discovered by Goukuai or reported by a third party, we have the right to take corresponding measures, including but not limited to terminating the service or deleting related information.
4) You must assume responsibility for your own behaviors including but not limited to installing other software and its operations along with results caused by virus attacks.
5) You must assume responsibility for the data stored on Gokuai Cloud and the integrity and security of the passwords to manage the various products and services. Any loss or disclosure of your data or passwords resulting from improper maintenance shall be borne by you.
6) You shall submit the contact person for enforcing the Service Terms and the name list as well as contacts of those who are in charge of the user network and various products offered by Gokuai. Necessary coordination will be appreciated. You must update the altered information online and timely inform Gokuai if the above mentioned personnel are changed. Any loss and consequence caused by untrue, inaccurate or uncompleted information provided, or the improper behaviors of the above mentioned personnel will be borne by you.
7) You understand that Gokuai cannot ensure the services offered are flawless (Gokuai cannot ensure the absolute security of your hardware or software), yet we are committed to improving service quality and level. You agree that it is inevitable that some flaws will be encountered when using the service and this cannot be solved by the current technical levels in the industry. Flaws thus cannot be regarded as a violation of the contract. You agree to solve the problems together with Gokuai.
2. Gokuai’s Rights and Obligations
1) Offer services according to the contract agreement.
2) Oversee the operation and maintenance of the Gokuai Cloud Storage Platform and relevant system updates.
3) Offer the following services to customers during the service period:
A. Provide 7 days x 8 hours technical support to paying customers and offer effective contacts to ensure customers can reach the managing engineer. The engineer shall timely provide feedback after the fault is discovered.
B. Provide 5 days x 8 hours online and telephone service to reply to customer questions.
4) Eliminate faults caused by non-human reasons, excluding faults caused by you, unpredictable forces or issues out of Gokuai’s control.
5) Strictly abide by confidentiality obligations.
8. Saving and Destroying User Data
You data will be revealed under the following situations:
1.To third parties with your consent.
2. To third parties or administrative and judicial organs as requested by them according to law.
3. Your data will be revealed to a third party if you have violated Chinese laws or regulations. Your data must be shared with a third party to offer you the software or services you requested.
4. Gokuai has the right to delete additional librarys and members if the service period is due and renewal is not handled within 7 days.
5. Gokuai has the right to clean out files in the accounts of free users if they fail to log in within 90 days after registration. The consequences caused by destroying the data are borne by you.
9. Intellectual Property Right
1. You guarantee that the materials you submit to Gokuai, the use of Gokuai service and the fruits achieved by using Gokuai products will not violate the legitimate interests of a third party. If Gokuai receives any complaint, arbitration, lawsuit, or claim from a third party or has any possibility to be sued due to your violating copyright, the legitimate interests of a third party, Chinese laws or regulations, or other applicable laws, all ensuing expenses and losses shall be borne by you. Gokuai is fully disclaimed of any liability.
2. If a third party or person raises a query or complaint regarding the ownership of the intellectual property rights of the services or relevant materials offered by Gokuai, you are obliged to issue supporting documents and coordinate with Gokuai to handle the complaints.
3. You acknowledge that the intellectual property rights of any material, technique, technical support, software, and service offered by Gokuai belongs to Gokuai or a third party, and thus you have no right to copy, transmit, transfer, license or provide the above mentioned resources to anyone else. If such actions occur, you must assume corresponding legal responsibility.
10. Terms of Confidentiality
1. Confidential materials refer to all technical or non-technical information (including but not limited to product profile, product plan, price, finance and marketing plan, business strategy, customer information, customer data, R&D, hardware and software, API, technical introduction, design, special equations and special algorithms) revealed by one party to the other.
2. Each party of the contract agrees to keep the above mentioned information confidential after learning about them and to demand that staff connected with the information to strictly abide by the terms of confidentiality. Except when mandatorily and lawfully required by authorities or if the above mentioned information entered into the public field, the party receiving the confidential materials shall not reveal it to others.
3. Both parties understand that customer information and business data are important assets and are confidential information. They therefore agree to do their best to prevent such from being revealed. Once the confidential information is revealed, the two parties shall cooperate and take all reasonable measures to avoid or reduce resulting damages.
4. The Service Terms will not expire upon contract termination.
1. If Force Majeure or other incidents cause the Service Terms to become impossible, unnecessary, or insignificant to enforce, the party facing the Force Majeure or accidents will take the responsibility.
2. Force Majeure and accidents refer to those objective inevitable events unable to be predicted or to overcome and which may cause major damage to the interested parties, including but not limited to natural disasters such as flood, earthquakes and plague along with those social events such as wars, turmoil, government behaviors, interruption of the telecom main and branch lines, hackers, network jam, Ali Cloud technical adjustments, and government surveillance.
12. Supplementary Provisions
1．The Software Service Contract, the Service Terms, the service description on the Gokuai website and prices comprise integral parts of this agreement and have equal legal effect as the contract. If any of the above mentioned termsare not in compliance with the contract, please refer to the contract.
2. You agree that Gokuai has the right to transfer all or a portion of the rights and obligations of the contract to an affiliated companies with 30 days advance notice and to assign them to continue to offer you services through publishing on the official website or sending you messages.
3. If any term continues to be valid in property or other aspects after the contract comes to term, they shall be regarded as terms to be continued, including but not limited to the warranty, confidentiality, IPR law, laws and jurisdiction.
4. The contract becomes valid once you click “agree” and “confirm”, and promptly handle payment.