Welcome to use the 52Phone (hereinafter also referred to as "the software")! In order to protect your rights and interests, and to clarify the rights and obligations between you and the service provider of 52Phone, the Terms of Service (hereinafter referred to as "the Terms") is specially formulated. Please read and fully understand all the contents of the Terms carefully before using the services of 52Phone.
52Phone (including but not limited to the operating environment, client, web page end, mobile phone end, etc. provided in the form of APP) is a cloud computing platform based on mobile content and operated by the service provider of 52Phone. The Terms is jointly recognized and signed by you and the service provider of 52Phone (hereinafter referred to as the service provider of 52Phone). The contents of the Terms include the main text of the clauses, the [Privacy Policy] and various rules that have been or may be issued by the service provider of 52Phone in the future. Please read and fully understand all the contents of the Terms carefully before registering or using this service. If you do not agree with any or all of the contents of the Terms, please stop the operation or using any services of this software. If you choose to continue using this software and its services, it shall be deemed that you agree to and recognize all the clauses of the Terms and accept the constraints of each clause.
You are aware that the clauses listed in the Terms jointly signed by both parties cannot fully enumerate and cover all the rights and obligations between you and the service provider of 52Phone, and the existing agreements cannot guarantee to fully meet the needs of future development. The service provider of 52Phone has the right to revise the Terms at any time due to reasons such as changes in relevant laws and regulations, the company's operating conditions and business strategies, and software upgrades. The clauses of the Terms after the change will be published in the form of announcements in the system background. Please be sure to read them carefully. When you take the form of accepting the service to conduct the next operation or continue to use this service, it indicates that you have accepted all the amendments to the Terms. The updated Terms shall come into effect as of the date when the updated version is released. You shall not raise any form of defense on the grounds that you have not read the contents of the service terms, nor deny the validity of the Terms on the grounds that you have not signed a written agreement.
Minors under the age of 18 should read the Terms accompanied by their legal guardians.
1. The Terms is a legal agreement between you and the service provider of 52Phone regarding your use of 52Phone and its related services.
2. The content of the Terms also includes relevant agreements, business rules and other contents that 52Phone may continuously issue regarding this service. Once the above contents are officially released, they shall become an integral part of the Terms, and you shall also abide by them.
"The Software" refers to the software system developed by the service provider 52Phone for you to download from the download platform and install and use on the corresponding system handheld mobile terminals and computer terminals. The software is a cloud phone platform integrating games, tools and other mobile phone software applications, which contains a variety of third-party software and service applications. The software does not provide content production.
The service provider of 52Phone owns the copyright of this software. All information and content related to this software belong to the intellectual property rights of the service provider of 52Phone, including but not limited to the textual expressions and their combinations of this software, icons, decorative patterns, charts, colors, interface designs, layout frameworks, relevant data, printed materials, or electronic documents, etc. The service provider of 52Phone enjoys intellectual property rights and is protected by relevant laws and regulations. Any act of unauthorized modification, distribution, rental, translation, segmentation, reverse compilation or reverse engineering of all or part of the software program is an infringement. The service provider of 52Phone reserves the right to pursue legal responsibilities in accordance with the law.
1. The name, logo, UI, information content, etc. of this software, including all the above-mentioned information, are protected by law, and no one shall copy or imitate them.
2. The software is protected by intellectual property rights and may not be modified, distributed, rented, translated, divided, reverse compiled or reverse engineered by any third party without official consent.
3. Information such as software, games, texts and pictures in this software is uploaded by other users. You can browse, download, store and use them, but you shall not engage in activities that infringe intellectual property rights.
4. When you share games, software or link addresses, you should confirm that the content is legal and does not infringe the intellectual property rights of any third party before publishing it.
5. When you browse and download the information shared by other users in this software and find remarks that infringe other intellectual property rights, please notify the service provider of 52Phone in a timely manner.
The service provider of 52Phone authorizes you to use this software for non-commercial purposes and provides you with services for downloading, installing, using, upgrading, uninstalling and providing relevant data. You can independently choose to download, install or uninstall and use this software, use the corresponding data services provided by the service provider of 52Phone, and enjoy the maintenance and upgrade services provided by the service provider of 52Phone. You can copy and disseminate this software for non-commercial purposes. Without the written authorization and permission of the service provider of 52Phone, you shall not conduct commercial sales, copying, dissemination or other commercial activities. The specific scope of authorization is as follows:
1. You can download, install and use this software for non-commercial purposes.
2. You can copy and disseminate this software for non-commercial purposes, but you must ensure that each copy and dissemination content is complete and authentic, including all software related to this software product, electronic documents, copyrights and trademarks as well as the Terms.
3. Due to limitations of software adaptation platforms, operating systems and terminals, this software can only be used on supported system platforms and terminals. Please carefully confirm whether this software can be used on the system platform and terminal you use before purchasing the service. If you click to purchase the service and make payment, it means that you have fully understood and determined that this software is applicable to the system platform and terminal you use.
1. Precautions for software usage:
This software is a cloud phone platform provided by the service provider 52Phone, aiming to help you create a healthy ecological application mode for mobile smartphones and provide virtual mobile phone software applications and services. Before using it, you need to carefully understand the following contents:
(1) This software supports the remote-control function of mobile phone application software such as mobile games and tools. For mobile phones with different models and operating systems, the usage methods of this software are also different.
(2) The best prerequisite for using this software is to ensure that the battery power of your mobile phone is higher than 20% and the remaining storage space of your mobile phone is greater than 100MB, so as to ensure that there is enough power and sufficient space to complete the acquisition process.
(3) To use this software, you need to register a software account. That is to say, you can use this software only after becoming a registered user. If registered users violate the relevant agreements and stipulations of this platform, the service provider of 52Phone has the right to suspend or terminate the user's account usage rights.
(4) When you use this software to view received text, pictures, files and other information online, your phone will generate corresponding data traffic fees, which will be collected by the operator you have set.
(5) The software is only applicable to the operating systems supported and announced on its official website. If you want to stop using this software for any reason after installation, you can delete it by using the deletion methods provided by each operating system.
(6) When using third-party products or applications on this software, you are not allowed to use products that may affect the normal operation of this software system, such as e-commerce software, game assistive tools, dual-opening software, multi-opening software, sandbox software and so on.
(7) The authorization function in this software is only intended for use when abnormal situations occur during your use of the cloud phone, and you need to authorize a third party to help you work collaboratively to solve the abnormal problems through this authorization function. Since authorizing a third party to operate may lead to the leakage of your privacy information to the third party, please use this function with caution. In the event that disputes arise between you and the third party due to the authorization function, 52Phone shall not be held responsible. Meanwhile, 52Phone strictly prohibits users from using the authorization function to conduct offline transactions of cloud phones.
(8) If you have any of the following behaviors, 52Phone will directly determine that your behavior is to utilize the authorization function for offline transactions for commercial purposes. 52Phone has the right to temporarily or permanently restrict some or all functions of your account. You can apply to 52Phone for the account to be unblocked by submitting materials indicating that your account is abnormal and requires assistance from a third party through the appeal channel.
a. For the purpose of making profits, use the authorization function of the platform to post information about the rental or transfer of cloud mobile phones on third-party e-commerce and social platforms.
b. Authorize some or all of the cloud phones under your 52Phone account to any third-party users for use through the authorization function multiple times within a monthly cycle.
2. Rules for software use:
You shall use this software on the premise of complying with the laws and the Terms. When using this software, you must not violate the following provisions:
(1) You shall not use this software to create, copy, publish, disseminate, or store information including but not limited to the following:
Information that opposes the basic principles established by the Constitution;
Information that endangers national security, leaks state secrets, subverts state power, or undermines national unity;
Information that damages national honor and interests;
Information that incites ethnic hatred, ethnic discrimination, and undermines ethnic unity;
Information that undermines national religious policies, promotes cults and feudal superstitions;
Information that spreads rumors, disrupts social order, and undermines social stability;
Information related to viewing, participating in, or spreading obscenity, pornography, violence, gambling, terrorism, or abetting crimes;
Information that insults or slurs others and infringes upon the legitimate rights of others;
Information involving the privacy, personal information or data of others;
Any information that infringes the intellectual property rights of any third-party works;
Any information that infringes various legal rights and interests of third parties such as the right to name, the right to reputation, the right to portrait, and the right to privacy;
Any information containing false, harmful, coercive, privacy-infringing, harassing, infringing, slandering, vulgar, obscene, or other morally offensive content;
Any information containing other content restricted or prohibited by Chinese laws, regulations, rules, ordinances, and any legally binding norms.
(2) You shall not conduct behaviors including but not limited to the following scopes by using this software:
Intentionally circumventing or destroying the technical measures adopted by the author or developer to protect the copyright of this software;
Using this software to mislead or deceive others;
In violation of national regulations, deleting, modifying, adding to, or interfering with the functions of this software system, thus causing the software to fail to operate normally;
Disrupting the normal operation of this software system and deliberately spreading destructive programs such as computer viruses;
Any other behaviors that endanger the security of computer information networks.
3. Account responsibilities
(1) You are responsible for the account of this software. Only you yourself can use this account. Without the written consent of 52Phone and the real name change of the account, this account shall not be licensed to a third party for profit-making purposes, nor can it be transferred, gifted or inherited. Otherwise, 52Phone has the right to reclaim or temporarily/permanently ban this account.
(2) You shall bear full responsibility for the confidentiality of your password and account, and also bear full responsibility for all activities occurring in the account. Any losses caused by password leakage or username forgetting shall be borne by you on your own. If you find that others are using your account and password fraudulently or without authorization, or there is any other unauthorized use or any other insecure behavior, you shall immediately notify 52Phone in an effective manner and request 52Phone to suspend the relevant services. Meanwhile, you understand that it will take a reasonable period of time for 52Phone to take action upon your request. Before that, 52Phone shall not bear any responsibility for the instructions already executed and the losses caused to you.
(3) You understand and agree that 52Phone has the right to know the real background and purpose of your use of the software services and has the right to require you to truthfully provide real, comprehensive and accurate information. If 52Phone has reasonable grounds to suspect that the information you provided is untrue, that you conduct unauthorized offline transactions or false transactions, or that your behaviors violate the service rules of 52Phone, 52Phone has the right to temporarily or permanently restrict some, or all of the functions of the services used under your account.
4. For the software products of this software downloaded from sites not designated by the 52Phone service provider or from channels not independently distributed by the 52Phone service provider, the 52Phone service provider cannot guarantee whether the software is infected with computer viruses, whether there are hidden Trojan programs in disguise or hacker software. Using such software may lead to unpredictable risks of losses. It is recommended that you do not download, install or use it easily. In case of the above situations, the 52Phone service provider shall not bear any losses and compensations arising therefrom.
5. This software does not contain any malicious code aimed at destroying the data of your mobile communication devices and obtaining your private information. It does not contain any functional code for tracking or monitoring you. It will not monitor your online or offline behaviors, will not collect your personal information when you use other software, documents, etc., and will not disclose your privacy.
6. If you fail to comply with the rules for using this software, 52Phone has the right to take corresponding measures, including but not limited to freezing, blocking, terminating some or all of the services of this software account and cloud mobile phone, as well as deleting relevant information. In case of being frozen, terminated, deleted or subject to other restrictive measures by 52Phone due to the above behaviors, 52Phone is not required to refund any fees to you. The unused service fees shall belong to 52Phone as liquidated damages. The losses in your account shall be borne by you on your own. If losses are caused to 52Phone (including but not limited to attorney fees, litigation fees, etc.), you shall also make compensations.
7. If the user's breach of contract causes losses to 52Phone, including the direct economic losses, reputation losses of 52Phone itself and the indirect economic losses such as attorney fees and litigation fees, the user shall compensate 52Phone for all of the above losses.
8. If your breach of contract causes damage to any third party, you shall bear the responsibility independently. If for any reason 52Phone compensates the third party in advance, you shall immediately pay the compensation to 52Phone upon receiving the notice from 52Phone.
The software may use or incorporate software or services provided by third parties (hereinafter referred to as "such services"). Such services are set up to meet your needs and provide you with more convenience. The 52Phone service provider does not engage in content production. When you use such services, you should separately reach a service agreement with the third party, pay the corresponding fees and bear the possible risks. If you continue to use this software or services, it means that you tacitly agree to the following points:
1. 52Phone has no right to grant you any rights to use third-party software or services in the Terms, nor does it have the right to provide any form of guarantee or corresponding customer service support for such services. If you need to consult relevant information, you can directly contact the third party. If any disputes arise or any losses are caused due to your use of such services, you can directly negotiate with the third party to resolve them. 52Phone shall not bear any liability or compensation.
2. The software currently uses and includes such services, but the software does not guarantee that it will permanently use or include such services, nor does it guarantee that it will not use other similar or different types of software or services in the future other than the existing ones. Once the aforementioned software or services are used or included in this software, they shall also be subject to the provisions of the Terms.
3. If the third party confirms that you have violated the agreement on the use of such services between you and it and stops providing such services to you, and at the same time requests 52Phone to assist in handling the matter, you understand and acknowledge that 52Phone will adopt technical means to suspend or terminate your continued use of the third-party software.
4. When such services need to interact with 52Phone regarding user information in order to better provide services to users, for users who agree to use such services while using this software, it is defaulted that the users authorize 52Phone to transfer the information about the users' use of this software to the third party in accordance with the "Privacy Policy", or obtain from the third party the information provided or generated when you register or use such services. If you do not want the third party to obtain your information, you can stop using such services, and 52Phone will stop transferring your information to the third party.
You agree that personal private information refers to information that can identify you personally or relates to personal communication, including the following: your real name, identification number, phone number, and IP address. This software only provides cloud phone services and will not actively collect your accounts or personal information used within third-party software or games on the cloud phone. However, any accounts, passwords, and personal information saved by the third-party software or games on the cloud phone's hardware will be automatically cleared by the system after your cloud phone service expires, ensuring that your personal data and privacy are not used for other purposes.
Respecting the privacy of your personal information is a consistent policy of the 52Phone service provider. The service provider will take reasonable measures to protect your personal private information. Except as required by law, authorized government departments, or with your consent, the service provider will not disclose or share your private information with third parties other than its partners. However, if you agree to disclose such information during registration or have reached other agreements with 52Phone or its partners regarding the use of your private information, you bear any risks that may arise from this, and 52Phone is not responsible.
1. 52Phone will not disclose or share users' private information to any third party without user consent, except under the following circumstances:
When required by laws, regulations, or directives of authorized authorities.
When a user discloses their password to others or shares their account and password, resulting in the leakage of personal information.
When a user voluntarily discloses their private information to third parties.
When a user and 52Phone or its partners agree on the use or disclosure of private information.
When private information is disclosed due to hacking, computer viruses, or other force majeure events.
When the user's personal information has been processed to make it unidentifiable and cannot be restored.
2. Users agree that 52Phone may use their private information in the following circumstances:
Sending important notifications to users, such as software updates or changes to the terms of the Terms.
Conducting internal audits, data analysis, and research to improve products, services, and communication with users.
Managing, reviewing, and taking necessary actions regarding user information as specified in the Terms.
Any other matters permitted by applicable laws and regulations. Beyond these purposes, 52Phone will not use private information for any other purposes without prior user consent.
3. 52Phone places high importance on protecting minors. It will rely on the personal information provided by users to determine whether they are minors. Users under the age of 18 are considered minors. Minors should read and understand the Terms and use this service under the supervision and guidance of their guardians.
4. To improve its technology and services and provide users with a better service experience, 52Phone may independently collect and use or provide non-private information to third parties.
5. 52Phone ensures that the collection, use, or disclosure of user personal information complies with the principles of legality, legitimacy, and necessity, and it will not collect any personal information unrelated to the services provided.
You must use this software within the scope of the software license, respect the intellectual property rights and usage regulations included in this software, and fulfill the obligations stipulated in the Terms as a prerequisite for using the software.
If you violate the software usage requirements, terms, agreements, or notices, and your service is terminated as a result, or if you cease using the 52Phone service due to non-software-related functional issues, 52Phone is not obligated to refund any fees. Any unused service fees will be retained by 52Phone as liquidated damages, and you shall bear any losses to your account. If your actions cause losses to 52Phone (including but not limited to legal fees and litigation costs), you shall be liable for compensation.
If you make any form of commitment to 52Phone for maintaining platform order or protecting consumer rights, and 52Phone determines that you have breached this commitment, 52Phone may impose restrictions on your rights to use the software as stipulated in your commitment or agreement, including suspending or terminating the Terms.
If you breach the Terms or any other agreements signed with 52Phone, 52Phone may impose restrictions on the rights you have obtained, including suspending or terminating some or all services, and may publicly disclose your breach on 52Phone's official platform in accordance with the law.
This software is obtained through your independent download from various platforms. You are required to comply with the respective terms of those platforms. If a third-party platform confirms that you have violated their terms and requests 52Phone's assistance, 52Phone may terminate your use of the software or services as required by the third party.
Upon termination of the Terms, you must cease all use of the software and delete all copies of it.
If you breach any terms of the Terms, causing losses to 52Phone or other users, you shall bear full liability for compensation. If we bear any of the aforementioned liabilities, you agree to reimburse us for the related expenses and losses.
You agree that, to the extent permitted by law, the following circumstances do not constitute a breach of contract by 52Phone, and 52Phone assumes no liability:
1. Situations where you are unable to use the product or service normally due to the following:
(1) You are subjected to hacking, resulting in data loss or service interruption.
(2) System or network configuration changes in third-party software cause data loss or service interruption.
(3) Program bugs in third-party software prevent normal use of the service.
(4) Other service anomalies not caused by 52Phone.
2. Short-term service interruptions during server configuration or maintenance by 52Phone, where prior notice has been given.
3. Service anomalies or interruptions caused by Internet congestion unrelated to 52Phone, leading to slower network access, including but not limited to:
(1) Natural disasters such as earthquakes, explosions, floods, fires, storms, typhoons.
(2) Acts of war, hostile actions, armed conflicts, terrorist activities, rebellions, or coups.
(3) Strikes, riots, public disturbances, or malicious acts.
(4) Failures of power or utilities, or other telecommunication outages.
(5) Government actions, policy changes, blockades, embargoes, telecommunication department technical adjustments, or government regulations.
4. Other exempt circumstances.
The terms of the Terms are governed by the relevant provisions of the laws of the People's Republic of China. In the absence of relevant legal provisions, industry practices may be referred to.
The 52Phone service provider may adjust its business operations, resulting in changes to the entity providing the software or services to you. After such a change, 52Phone and you will jointly continue to fulfill the Terms, and your rights under the Terms will not be affected by the change. In the event of a dispute, you may determine the party fulfilling the agreement and the opposing party in the dispute based on the specific service used and the actions affecting your rights.
Any disputes arising from or related to the Terms shall be resolved through friendly negotiations between the parties. If negotiations fail, either party may submit the dispute to the People’s Court where the software service provider is located for resolution.
If you change your account information, contact address, phone number, or other important information, you must promptly notify the 52Phone service provider. Any losses incurred due to your failure to provide timely notification shall be solely your responsibility.
1. If you violate the Terms, any associated documents under the Terms, or any applicable laws or regulations, and such violation causes losses to the 52Phone service provider, you shall be liable for compensation. The compensation shall include, but is not limited to, the service provider's direct losses, indirect losses, and costs incurred in defending its rights (including attorney fees, litigation costs, preservation fees, and appraisal fees).
2. If your violation of the foregoing provisions infringes on the rights of a third party, resulting in claims, lawsuits, or administrative liabilities against the 52Phone service provider by the third party, you agree to unconditionally assume corresponding responsibilities and indemnify the service provider. Should the violation result in losses to the service provider, you shall compensate for such losses, including but not limited to the provider’s legal defense costs (such as attorney fees, litigation costs, preservation fees, and appraisal fees), reputational damages, and any compensation paid to third parties.
3. The cloud phone provided by this software relies on hardware, which is subject to technical limitations and hardware wear and tear. You acknowledge and agree that 52Phone does not store the account data or personal information you use in third-party software or games on the cloud phone. In cases of irreparable hardware damage, we will proactively perform hardware maintenance or upgrades. To better protect the security of your personal data, third-party software or game accounts and personal information will be cleared during this process. You are responsible for safeguarding your information, and we are not liable for any legal responsibility arising from data storage or loss caused by such clearances.
4. By purchasing services, you acknowledge and accept that 52Phone's cloud phone services are provided "as is." If you choose to cancel or terminate the service midway, no refund will be provided for the service fees. You understand that 52Phone cannot guarantee flawless services. You agree that minor defects in the service, such as lagging or crashes, do not constitute a breach of contract. You further agree to cooperate with 52Phone in resolving any service defects.
1. The conclusion, validity, interpretation, performance and dispute resolution of the Terms shall be governed by the laws of the People's Republic of China. If any content of the Terms conflicts with the laws, the provisions of the laws shall prevail.
2. If any clause in the Terms is completely or partially invalid or unenforceable for whatever reason, it shall not affect the validity of other clauses.
3. The Terms shall come into effect as of the date when you start using the services of 52Phone.
4. Please read carefully and abide by the Terms and the disclaimer when using this software.
5. The 52Phone service provider has the right to interpret and modify the Terms within the maximum scope permitted by law.
Please read and comply with all the contents of the Terms carefully. If you have any questions or suggestions, please contact the 52Phone service provider in a timely manner.