Terms of Service of Fengshui

1.Terms

By accessing the website at www.workhomecloud.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. if you do not agree to these Terms of Service,  You should not enter into a subscription to use this software platform and the software services. By subscribing to use the software platform and the software services, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder.

2.Use License

Permission is granted to download one copy of the materials(information or software) on workhomecloud website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the material; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on workhomecloud website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by NianYun at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3.FREE TRIAL

The free trial period shall last for a period specified at the Services interface or in the Order Form(s). Customers wishing to continue the subscription once the free trial ends, must submit payment details.

4.SUPPORT DESCRIPTION

We will provide support to Customers that are not on free trial on the routine use and operation of the Services, and diagnosis and solution of operational and technical problems. Support will be provided through live chat, email and any other support channels available on our Website. Support will be carried out Monday to Friday, from 9h00 to 18h00 (Shanghai time). Following the reporting of any Services problem by Customer to us, we will initiate necessary action to resolve requests. Response times on workdays during office hours shall not exceed 24 hours. Response times will vary according to the nature of the instability or anomaly, and the risk it poses to the normal use of core features of the Services.

5.Modifications

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to customers generally at our sole discretion, provided that we give the Customer notice of termination at least sixty (60) days before the end of the Services. We may also add or create new limits to our Services at any time.

We may revise these terms of service for its website at any time without notice.By using this website you are agreeing to be found by the current version of these terms of services.

6.TERM AND TERMINATION

The agreement between the Customer and us remains effective until the subscription has expired or terminated.
Unless otherwise agreed, all subscriptions automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal Order Form) for additional periods equal to one (1) month or the preceding term, whichever is longer. Fees applicable to the renewal term are those in effect at the renewal date, provided, however>, that any change of fees has been notified to the Customer at least thirty (30) days in advance to the renewal date.

Customer can stop the subscriptions from automatically renewing at any time. NianYun can give the Customer notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.

NianYun or Customer may terminate the agreement between Customer and NianYun on notice to the other party if the other party materially breaches the Terms and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of these Terms caused by its Authorized Users. We may terminate the agreement between Customer and us immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law.

Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

When the agreement between Customer and us comes to an end, all of the legal rights, obligations and liabilities that Customer and us have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

6.Third-Party Claims

You agree to defend us and our employees, officers, directors, affiliates, contractors, suppliers, and agents from and against any and all third party claims and pay the amount of any adverse final judgment or settlement that arise from (a) your breach of this Agreement; (b) your content (including our use of your content as authorized under this Agreement); and (c) your interaction and engagement with third parties or third party services via the Workhomecloud Services. In no event will you agree to any settlement of any claim that obligates us in any way, without the written consent of us.

7. Support

We will make an end-user customer service contact available to you via chat or email during our normal business hours in connection with your use of the Services. We will provide this support in accordance with our then-current support guidelines. Except for the support provided pursuant to the prior two sentences, we will not provide any additional support to you in connection with your use of the Services.

8. Link

NianYun has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the site. Use of any such linked website is at the user’s own risk.

The Services may incorporate third party services and your use of such third party services will be at your own risk and subject to any additional terms provided with the service. We will not be liable or responsible for the third party service, including as to delivery and accuracy. The Services may include links (including via API) to third party sites and content and your use of such third party sites and content will be at your own risk and subject to any additional terms applicable to the third party sites and content. We will not be liable or responsible in any way for such third party sites and content.

9. Force Majeure

Except for any obligations to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including but not limited to, pandemics, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, labor shortage or dispute, and/or failure of the internet.

10. Warranties

You represent and warrant to us that (a) you have all necessary and legally required rights (including your compliance with all applicable privacy laws and regulations) in your content that is necessary to grant the rights contemplated in this Agreement; and (b) you will comply with all applicable laws, rules, and regulations in the performance of this Agreement and your use of the NianYun Services (including your operation of the website(s) on which you embed our chat widget).

11. Notice

We may provide you notice under this Agreement to the email address that you provide when registering for access and use Services. Notices emailed to you will be deemed given and received when the email is sent. You may provide notice under this Agreement to us at the following address: support@workhomecloud.com

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