XikeStor Client User Agreement
Effective Date: November 11, 2024
Please read carefully: This End-User License Agreement is a legal agreement between you (an individual or legal entity) and Anhui Seeker Electronics Technology Co., Ltd., and applies to the XikeStor software installed on XikeStor ("Products") you purchased, or legally downloaded from the official XikeStor website or other authorized sources ("Software"), including any replacement or supplementary upgrades, updates, patches, fixes, modules, routines, feature enhancements, and additional versions (collectively referred to as "Updates"). "Software" refers collectively to the software program, updates, and any copies thereof.
The "XikeStor Client User Agreement" (hereinafter referred to as "this Agreement") applies to the XikeStor client software. In this Agreement, the "XikeStor Client" refers to various platforms legally owned and operated by Anhui Seeker Electronics Technology Co., Ltd. and its affiliates (collectively "XikeStor" or "we"), which provide global services to you, including but not limited to XikeStor-branded applications, mobile apps, desktop and web versions, websites, software development kits (SDKs), application programming interfaces (APIs), mini-programs, and other new form products and services as technology evolves. All of these are collectively referred to as the "XikeStor Client," which you may access and use to interact with our products and services.
1. Introduction
1.1. Agreement Structure: This Agreement defines the rights and obligations between you and us regarding the download, installation, activation, registration, login, and use (collectively referred to as "use") of the XikeStor Client. In addition to the content herein, you should also refer to all other agreements, privacy policies, activity terms, notices, announcements, and in-app messages that we have issued or may issue or amend from time to time; these, together with this Agreement, form the entire agreement between you and us and have equal legal effect.
1.2. Review and Consent: Before using the XikeStor Client, please read this Agreement carefully and ensure you fully understand its contents. We will highlight key or special terms, especially in bold, for your attention. If you are a minor according to your country or region's laws, you must read and understand this Agreement under the guidance of your guardian and obtain explicit consent from your legal guardian before using the XikeStor Client.
1.3. By using the XikeStor Client, you acknowledge that you have thoroughly read, fully understood, and unconditionally accepted all terms of this Agreement. If you disagree with any part of this Agreement or cannot bear the legal consequences, you should immediately cease using the XikeStor Client.
1.4. Inquiries and Feedback: If you have any questions, comments, or suggestions regarding this Agreement or the XikeStor Client, you can provide feedback through the XikeStor Client or the official website, or email us directly at echo@cnonas.com.
2. Products and Services
2.1. Access and Use: You may access XikeStor Client's products and services through various channels, including but not limited to:
(1) Visiting the official XikeStor Client website;
(2) Downloading and installing the XikeStor Client from certified and authorized app stores or websites;
(3) Through the integration of our provided software development kits (SDKs) or application programming interfaces (APIs) into third-party platforms or applications.
If you access the XikeStor Client products or services from unofficial or unauthorized channels, we cannot ensure their authenticity or integrity, and they may pose usage risks. We are not liable for any loss resulting from such use unless otherwise stipulated by law.
2.2. Version and Device Compatibility: We offer different versions of the XikeStor Client tailored for different terminal devices. You should ensure the version you obtain, download, and install matches your device to achieve the best user experience.
2.3. License and Restrictions: We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to legally use the XikeStor Client under this Agreement. Except as explicitly authorized herein, all other rights are reserved. Without our prior written consent, you may not use the XikeStor Client in any unauthorized manner, including but not limited to modifying, copying, distributing, scraping, mirroring, or commercializing it.
2.4. Updates and Changes: To improve user experience, optimize services, and maintain security and compliance, we may update or modify the XikeStor Client periodically, which may include software changes, upgrades, suspensions, or terminations. We may provide updated versions for you. You may choose whether to update, but failure to do so may result in limited functionality. You may also uninstall the application at any time.
3. XikeStor Client Account Management
3.1. Account Registration and Login
(1) To use the XikeStor Client, you may register an account using your mobile number or other methods approved by XikeStor Client (these methods may vary depending on your country or region).
(2) We provide third-party platform login functionality, provided you own a legitimate third-party software or platform account and comply with relevant laws and regulations.
(3) Your account name and password are your credentials for logging in and using the XikeStor Client. Please ensure their security and keep them safe.
(4) You acknowledge that this account is a unified global account for the XikeStor Client, required for us to provide global services to you.
3.2. Account Information and Security
(1) All information you register must be true, accurate, and complete. You should update it promptly if changes occur. If false information is provided, we reserve the right to restrict or terminate the account.
(2) You are responsible for safeguarding your account and ensuring it is not illegally accessed or misused. Notify us immediately of any abnormal activities or security vulnerabilities and assist in taking appropriate protection measures.
3.3. Account Conduct
Without explicit written consent from others, you may not register or use an account in the name of another person or entity, nor impersonate others using their names, trademarks, photos, etc. Misleading behavior that confuses the public or infringes others' legitimate rights is prohibited. We reserve the right to verify submitted information and take necessary actions if it violates laws or this agreement.Including but not limited to warning notifications, deadlines for rectification, resetting account information, restricting account functionalities, suspending usage, closing the account, prohibiting re-registration, and any other measures we deem necessary based on the specific circumstances.
3.4. Account Transfer and Sharing
(1) XikeStor accounts are limited to the original registrant and may not be transferred, loaned, or shared.
(2) If we suspect or discover unauthorized account usage, we reserve the right to suspend or terminate services.
3.5. Account and Password Security
You must ensure the security and confidentiality of your XikeStor Client account and password. Any actions performed using your account credentials will be deemed as actions taken by you, and you will bear full legal responsibility for them. This includes, but is not limited to, any legal liabilities that may arise from content you upload, download, share, or publish on the XikeStor Client platform.
If you suspect that your account or password has been used unlawfully or if there are any other security concerns regarding your account, you must notify us immediately. In the event that you lose access to your account or forget your password, you may attempt to recover it by following the procedures or instructions we provide.
You understand and accept that our account recovery process primarily involves matching the information you provide with our system records. We cannot guarantee successful account recovery, nor can we verify whether the claimant is the legitimate account holder in all cases. Therefore, you must ensure that the information you provide during registration and use of your account is accurate, complete, and up to date. You are solely responsible for any losses or risks resulting from inaccurate account information or poor account management.
3.6. Use of Related Versions
If a service explicitly states otherwise, you should understand that by using your XikeStor Client account to log in and access any associated versions or features, you are simultaneously bound by this User Agreement, the user agreement of the associated version, and other applicable legal documents. In the event of any conflict between this User Agreement and the user agreement or legal documents of the associated version, the latter shall prevail.
3.7. We may implement coordinated management measures across the XikeStor Client and its associated versions.
For example, if you are subject to penalties due to violations of applicable laws, regulations, or this Agreement within the XikeStor Client, your use of associated versions and related services may also be affected by such penalties, and vice versa.
3.8. Account Deletion
You may apply to delete your account after verifying your ownership. Information will be deleted or anonymized unless laws require retention. Deleted accounts cannot be restored, and you remain liable for actions before deletion.
4. Code of Conduct
4.1. You are solely responsible for devices, internet access, and related costs associated with using the XikeStor Client.
4.2.XikeStor Client does not independently upload, download, copy, share, or provide content, nor does it modify, edit, or interfere with the content you transmit.
You fully understand and agree that all data and content you upload, store, or share—including but not limited to files, documents, and other types of materials—as well as any data required for use beyond our server infrastructure, are entirely under your own discretion and control.
Even if such data involves cross-border transmission, the actions and decisions remain solely your responsibility. You are responsible for ensuring compliance with all applicable laws and regulations. As the sole controller of such data, you shall independently bear all legal responsibilities and consequences arising from your actions.
You are advised to manage all data and content on the XikeStor Client with caution and responsibility, and to ensure that none of it violates any applicable laws, regulations, or the rights and interests of third parties.
4.3. You must not use the XikeStor Client to store, transmit, share, or access any content that exhibits any of the following characteristics, nor may you engage in or participate in any activities involving such content by any other means. You are also expected to actively reject and refrain from such behaviors or content:
(1) Uploading, downloading, storing, copying, publishing, transmitting, emailing, or otherwise distributing any content that is prohibited under the laws, regulations, and policies of your country or region, or the jurisdiction applicable to this Agreement. Such content may include, but is not limited to:
① Content that opposes the fundamental principles established by the constitution;
② Content that endangers national security, discloses state secrets, subverts state power, or undermines national unity;
③ Content that harms national honor or interests;
④ Content that incites ethnic hatred, ethnic discrimination, or undermines ethnic unity;
⑤ Content that disrupts national religious policies, promotes cults or feudal superstitions;
⑥ Content that spreads rumors, disturbs public order, or undermines social stability;
⑦ Content involving obscenity, pornography, gambling, violence, murder, terrorism, or inciting criminal activities;
⑧ Content that insults or defames others or infringes upon others' lawful rights and interests;
⑨ Content that harms public morals or the fine cultural traditions of the nation;
⑩ Content that infringes upon any third party’s patent rights, copyrights, trademark rights, reputation rights, or any other lawful rights and interests;
⑪ Any other information prohibited by applicable laws and administrative regulations.
(2) Infringing upon others’ rights, including but not limited to privacy rights, trade secrets, trademark rights, copyrights, patent rights, and other lawful rights and interests;
(3) Engaging in any illegal transactions, such as the sale of firearms, drugs, controlled substances, or other prohibited items;
(4) Planning or engaging in money laundering, cash-out schemes, telecom fraud, or other illegal activities;
(5) Removing any copyright, trademark, or other proprietary notices contained in the XikeStor Client;
(6) Copying or modifying all or any part of the XikeStor Client, or allowing it or any part of it to be merged or integrated with any other program;
(7) Accessing, attempting to access, or damaging any part of the XikeStor Client or related systems or networks without authorization;
(8) Disassembling, decoding, or reverse engineering the XikeStor Client or any part thereof, decompiling its executable files, creating derivative works based on it, or engaging in similar activities prohibited by applicable laws;
(9) Distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, performing, transmitting, broadcasting, or otherwise using the XikeStor Client;
(10) Submitting or providing any part of the XikeStor Client (including its object code or source code) to any person in any form without XikeStor’s prior written consent;
(11) Impersonating others or falsely claiming affiliation with any person or entity;
(12) Using the XikeStor Client, in whole or in part, for any illegal purposes, by illegal means, or in violation of this Agreement, or engaging in any fraudulent or malicious behavior, including but not limited to hacking into the XikeStor Client (or linked websites), any operating system, or injecting malicious code such as viruses or harmful data;
(13) Infringing the intellectual property rights of XikeStor or any third party while accessing and/or using the XikeStor Client;
(14) Collecting information about users of the XikeStor Client, using automated tools to access the platform, or attempting to decode or extract any content from servers operating the Client;
(15) Developing, supporting, or using software, devices, scripts, or any other means or processes (including crawlers, browser plugins, or any other technologies or manual processes) to scrape data from the XikeStor Client or otherwise copy user information and data from it;
(16) Using the XikeStor Client for commercial purposes without XikeStor’s prior written authorization;
(17) Conducting illegal commercial transactions using the XikeStor Client, such as selling weapons, drugs, pirated software, or other prohibited goods;
(18) Providing gambling-related information or using any means to solicit or promote gambling;
(19) Soliciting others’ login credentials or accessing another person’s account;
(20) Participating in money laundering, cash-out schemes, or pyramid schemes;
(21) Violating this Agreement (in whole or in part), or encouraging or assisting others to do so;
(22) Damaging, disabling, impairing, or endangering the security of the XikeStor Client while using it, overloading it, interfering with other users, or hacking into or accessing the Client or its data without authorization;
(23) Engaging in any other activity that violates national laws, regulations, rules, policies, or any provision of this Agreement.
5. Network Security and Usage Restrictions
5.1. Usage Restrictions: To ensure the integrity and stability of the XikeStor Client, you agree and acknowledge that:
(1) You shall not use, deploy, or distribute any plug-ins, add-ons, systems, or third-party tools that may interfere with, damage, or modify the normal operation of the XikeStor Client.
(2) You shall not use or leverage any automated programs, scripts, software, or other similar tools to directly or indirectly access the XikeStor Client for the purpose of collecting, storing, processing, or transmitting any of its information or content, unless you have obtained our prior written consent.
5.2. Network Security Safeguards
You shall not engage in, or assist others in engaging in, any activities that may compromise the security of the XikeStor Client or any other computer networks. Such activities include, but are not limited to, the following:
(1) Unauthorized access to, interference with, disruption of, or attempts to access, interfere with, or disrupt any network, system, or data, or impairing their normal functionality;
(2) Creating, disseminating, selling, offering, or promoting programs, code, or tools specifically designed to infiltrate, disrupt, or damage networks, systems, or data;
(3) Directly or indirectly providing technical support, funding, advertising, or any other form of assistance to third parties whom you know or should reasonably know are engaged in such activities;
(4) Accessing, copying, modifying, or using another person’s data, servers, or account information without authorization;
(5) Probing, scanning, testing, or attempting to exploit any known or unknown vulnerabilities in the XikeStor Client or related networks without explicit permission;
(6) Deliberately spreading, transmitting, or deploying malicious software such as viruses, worms, trojans, or other harmful programs;
(7) Forging, modifying, or tampering with network communication packets, header information, or other related data;
(8) Attempting to reverse engineer, decompile, decrypt, or otherwise gain access to the source code of the XikeStor Client;
(9) Maliciously or repeatedly registering XikeStor Client accounts, or mass-creating, selling, distributing, or using such accounts;
(10) Any other behavior that may damage, interfere with, disrupt, or pose a threat to the XikeStor Client or any other third-party network, system, or data.
5.3. Use of Information and Content
Unless you have obtained our prior written consent, neither you nor any third party may, directly or indirectly, engage in or assist with any of the following actions:
(1) Using any information or content within the XikeStor Client to mislead, deceive, or conduct promotional, advertising, publishing, or display activities for unfair competitive purposes;
(2) Editing, modifying, reformatting, adapting, or otherwise altering information or content from the XikeStor Client and distributing or publishing it on any channels, platforms, or media other than the original XikeStor Client source page without authorization;
(3) Interfering with, modifying, hijacking, redirecting, inserting, displaying pop-ups, or otherwise affecting information or content from the XikeStor Client through any technical method, including but not limited to scripts, code, or plugins, in a way that may disrupt the normal user experience;
(4) Using illegal or improper means such as hotlinking, excessive requests, data scraping, spoofed downloads, deep linking, or fake registrations to steal, monitor, copy, distribute, display, mirror, upload, download, or otherwise use any information or content from the XikeStor Client;
(5) Concealing, altering, or removing any domain names, branding, copyright statements, user information, or other identifying attributes or labels when displaying or disseminating content from the XikeStor Client;
(6) Using any information or content from the XikeStor Client for statistical analysis purposes—such as keyword heatmaps, hit rates, classification, search volume, click-through rates, or reading volume—without authorization;
(7) Using any information or content from the XikeStor Client for commercial sale, rental, distribution, or any form of transfer, or providing or allowing third parties to use such content;
(8) Interfering with, disrupting, tampering with, or otherwise affecting the integrity, accuracy, or timeliness of any information or content within the XikeStor Client;
(9) Engaging in any other behavior that may violate applicable laws, regulations, or policies, or infringe upon the rights and interests of third parties through the access, use, processing, or distribution of content from the XikeStor Client.
6. Compliance
6.1 You acknowledge and agree that when using the XikeStor Client services, you must comply with all applicable laws and regulations, including but not limited to export control and sanctions laws, regulations, rules, and policies. These may originate from your country or region of residence or the country or region where you intend to use the XikeStor Client. This includes, but is not limited to, the U.S. Export Administration Regulations, sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the sanctions regulations enforced by the European Union, and any other applicable international or national embargo laws.
6.2 You agree not to directly or indirectly export, re-export, transfer, or use the XikeStor Client in or for any country, entity, or individual subject to applicable export control laws or sanctions. You must also ensure that the XikeStor Client is not used for any activities related to weapons of mass destruction, missiles, chemical or biological weapons, or other restricted technologies.
6.3 If you fail to comply with the provisions of this Agreement—including but not limited to export restrictions and compliance obligations—you shall bear all resulting legal responsibilities and risks solely on your own. This includes, without limitation, any legal proceedings, fines, or penalties. Under no circumstances shall XikeStor be held liable for such outcomes.
6.4 In view of the evolving nature of global export control and sanctions laws and regulations, we may update this section from time to time. We encourage you to periodically review this Agreement to ensure that your actions remain in full compliance with the latest legal requirements.
7. Handling of Breaches
7.1. Definition of Breach and Disciplinary Measures
(1) During your use of the XikeStor Client services, if you violate any terms of this Agreement, or if we have reasonable grounds to believe that your behavior may cause harm or legal liability to the operation of the XikeStor Client, other users, or third parties, such behavior will be deemed a breach. In the event of a breach, we reserve the right to take one or more of the following measures, depending on the nature, severity, and frequency of the breach, to protect the interests of the XikeStor Client and its users:
① Issue a warning notice for the violation;
② Require a written explanation from you;
③ Suspend or terminate part or all of the services provided to you without prior notice;
④ Freeze, restrict, or delete your account;
⑤ Require you to immediately cease the relevant behavior and take necessary remedial actions;
⑥ Report the matter to relevant legal, administrative, or regulatory authorities and cooperate with their investigations;
⑦ Re-verify your identity, set a deadline for rectification, close your account, or prohibit re-registration;
⑧ Pursue legal liability and demand compensation for any damages caused to the XikeStor Client or third parties as a result of your breach;
⑨ Any other measures we deem necessary based on the circumstances.
(2) You are solely responsible for all consequences arising from your breach of this Agreement, such as functional restrictions of the XikeStor Client, account deletion, or the loss of account-related benefits. Unless otherwise required by law or administrative order, we are not obligated to restore any deleted or restricted account content resulting from these disciplinary measures.
7.2. Transparency and Cooperation in Breach Handling
(1) To ensure fairness, justice, and transparency, we will notify you of the outcome of the breach investigation through appropriate platforms or channels. However, we reserve the right not to notify you where permitted by applicable laws.
(2) If your breach involves illegal or criminal conduct, we will retain all relevant records, evidence, and information, and reserve the right to report the matter to appropriate government or administrative authorities. We will fully cooperate with any formal investigations and provide necessary information to support the process.
7.3. Commitment to Protecting Third-Party Rights and User Responsibilities
(1) Respect for Third-Party Rights: We are committed to protecting the legal rights of all users and third parties, including intellectual property rights, reputational rights, name rights, privacy rights, and other legally protected interests. We will actively prevent and address violations within the scope of the law and this Agreement.
(2) Your Responsibilities: You agree that your use of XikeStor Client services will comply with all applicable laws, regulations, international treaties, and this Agreement. You further agree not to engage in any conduct that infringes on the legal rights of others or use our services to facilitate illegal or unauthorized activities.
(3) Handling Third-Party Complaints: Upon receipt of any third-party complaints, reports, or legal actions involving you, we reserve the right to take the following actions:
① Notify you of the basic content and origin of the complaint or report via email or other means;
② Take appropriate measures based on actual circumstances and legal requirements, including but not limited to suspending services, temporarily freezing accounts, or assisting with evidence preservation;
③ Request written explanations, feedback, or supporting documentation from you.
(4) Your Liability for Compensation: If your conduct causes XikeStor Client to bear any form of compensation, fines, legal fees, litigation damages, or results in reputational or goodwill losses, you shall be fully responsible for compensating all direct and indirect losses (including but not limited to loss of reputation and market share).
(5) Legal Cooperation: Within the limits of applicable law, you are expected to fully and promptly cooperate if we require your assistance in handling third-party complaints, reports, or legal proceedings related to your actions.
(6) Right to Interpret Situations: When addressing third-party complaints or reports, we will take appropriate action based on our reasonable judgment. Our actions do not constitute recognition or denial of your behavior or identity.
(7) Dispute Resolution Channels: If you disagree with any measures we have taken, you may submit objections or appeals through official channels provided by the XikeStor Client. We will review the submitted materials and make further determinations accordingly.
8. Personal Information Protection
8.1 For a comprehensive understanding of how we collect, use, store, and protect your personal information, as well as your related rights, please refer to the XikeStor Client Privacy Policy.
9. Intellectual Property Rights
9.1 All intellectual property rights in and to the XikeStor Client products and services are owned by us. This includes, but is not limited to, software, technologies, programs, web pages, text, images, audio, video, charts, layout designs, and electronic documents.
9.2 We provide technical support for the development and operation of the XikeStor Client and retain all rights to any data and information generated during the development and operation processes, to the extent permitted by applicable laws and regulations.
9.3 All trademarks, service marks, trade names, domain names, website names, and other distinctive brand elements related to the XikeStor Client and the XikeStor brand (collectively referred to as the “Marks”) are our intellectual property. You may not use, display, copy, transfer, or otherwise handle these Marks in any form, whether individually or in combination with other elements, without our prior written consent. Specifically, you are prohibited from applying to register any such trademarks or domain names, or representing to third parties, implicitly or explicitly, that you have the right to display, use, or otherwise handle these Marks.
If your use or misuse of these Marks results in any damage to us or any third party, you shall bear full legal liability and compensate for all losses incurred.
10. Special Terms for Individual Services and Third-Party Services
10.1 The XikeStor Client includes information or content links that we have lawfully obtained, as well as other individual services that we legally operate. These services may appear as separate modules within the XikeStor Client (e.g., the App Center feature). Additionally, the XikeStor Client may contain links to third-party content or directly integrate third-party information. Based on business development needs and to enhance user experience, we reserve the right to add, remove, or adjust the content, format, or structure of such individual services at any time. We will make reasonable efforts to inform users of these changes in advance, but in certain cases, such changes may need to be implemented immediately.
10.2 You may enable and use the above-mentioned individual service features within the XikeStor Client. Some individual services may require you to accept a separate agreement or other rules imposed by the service provider. The contractual relationship and obligations associated with such services shall be governed by the agreement you accept or the terms disclosed at the time of using the respective service. We will provide access to such agreements and rules in a reasonable manner where necessary. By using any of these services, you acknowledge and accept that you are bound by the corresponding agreements and rules.
10.3 Certain services or features within the XikeStor Client may be independently provided by third parties or jointly offered in cooperation with us. These third-party services may have their own user agreements, privacy policies, or other binding terms. Before using any third-party service, you should carefully review and assess the associated risks and ensure that you have thoroughly read, understood, and agreed to all applicable agreements and policies. If you choose to interact with such third-party websites or applications, you must independently evaluate and assume the related risks. XikeStor Client is not liable for any direct or indirect damages arising from your use of third-party services.
10.4 Please note that certain third-party service providers may use your account-linked OpenID to collect and process data. The collection, storage, use, and transfer of such data are solely the responsibility of the respective third-party providers. XikeStor does not participate in or have access to these data processing activities and cannot control or alter such data. When you choose to use a third-party service, the security of your personal information and data will be governed by the terms and policies of the respective third-party provider. We urge you to exercise caution and make informed choices when using such services.
10.5 If you have any questions about the agreements or terms of a third-party service, we recommend consulting legal or other professional advisors before enabling such services. Since XikeStor Client may not notify you directly of any changes to third-party terms, we encourage you to regularly review the relevant agreements and policies of any third-party services you use to ensure your rights and interests are protected.
11. Terms of Use for Minors
11.1 The XikeStor Client is primarily intended for adult users. If you are a minor under the laws of your country or region, you should carefully read this Agreement under the guidance of your parent or legal guardian. You may only use the XikeStor Client after your parent or legal guardian has reviewed and agreed to the terms of this Agreement. If such consent has not been obtained, the guardian may contact XikeStor to request action regarding the associated account, and XikeStor reserves the right to impose restrictions on the use of that account.
11.2 We take the privacy and protection of minors' personal information very seriously. If you are a minor under applicable laws, or if you are a guardian registering and using the XikeStor Client on behalf of a minor, you should carefully read our XikeStor Client Privacy Policy. We specifically remind you to exercise extra caution when providing personal information relating to minors.
11.3 Special Notice to Guardians: If your ward uses the XikeStor Client, you, as the guardian, are responsible for guiding and supervising the registration and use of the services by the minor. If your ward applies to register an account with the XikeStor Client, we shall have the right to assume that such registration has been made with your consent.
11.4 If you have any concerns about the protection of minors' rights, you may contact us by email at echo@cnonas.com.
12. Limitation of Liability and Disclaimer
12.1 The software and documentation are provided "as is", without any warranties of any kind, either express, implied, or statutory. To the fullest extent permitted by applicable law, XikeStor and its suppliers expressly disclaim all other warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that may arise from course of dealing, course of performance, usage, or trade practice. XikeStor does not warrant that the software will be error-free, virus-free, or free of other defects. XikeStor does not guarantee that the functions of the software will meet your requirements or that the software’s operations will be uninterrupted or error-free, or that any defects can or will be corrected.
12.2 XikeStor and its suppliers’ total liability arising out of or related to your use or inability to use the software or the client shall be limited to the actual amount paid by you for the product, regardless of the amount of damages you may suffer and irrespective of the legal theory under which such liability is claimed (whether in contract, tort—including negligence—strict liability, or otherwise). The above disclaimers of warranties and limitations of liability apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion of implied warranties or limitations on certain types of damages, so these exclusions and limitations may not apply to you to the extent prohibited by applicable law.
13. Indemnification
13.1 Indemnification Commitment: You agree to defend, indemnify, and hold harmless XikeStor at your own expense from and against any claims, actions, or proceedings arising out of your unauthorized use of the software or your violation of any term of this Agreement.
13.2 Scope of Indemnity: Such losses, costs, and expenses include, without limitation, reasonable attorney’s fees, investigation costs, arbitration/litigation expenses, settlement amounts, fines, compensatory damages, and any other related costs arising therefrom.
13.3 Indemnification Procedure: If XikeStor or its affiliates become the subject of any third-party claims, legal proceedings, or lawsuits due to your conduct or the conduct of someone using your account, XikeStor has the right to request indemnification from you and to be held harmless. XikeStor may notify you of such claims or proceedings and reserves the right to take legal action if you fail to act appropriately. This does not exempt you from your indemnification obligations.
14. Notice and Amendments to the Agreement
14.1 Amendments and Updates to the Agreement
(1) Basis for Amendment: We may periodically review and revise this Agreement to ensure compliance with national laws, regulatory requirements, technological changes, and to optimize our services.
(2) Effect of Amendments: All revisions, updates, or additions will form part of this Agreement upon publication.
(3) Notification and Access: We will publish the latest version of the Agreement on the XikeStor Client and its official website. We may also notify you through pop-up alerts, announcements, or other reasonable means before the updated terms take effect.
(4) Your Response: By continuing to use the XikeStor Client after amendments, you are deemed to have read, understood, and agreed to the revised terms. If you disagree with any of the changes, you must immediately stop using the XikeStor Client and its related services.
14.2 Notification Methods and Importance
(1) Means of Notification: Important notices may be delivered through various channels, including in-app system alerts, pop-up messages, site announcements, in-app messages, email, or SMS.
(2) Contact Updates: To ensure successful delivery of notices, you must promptly update your contact details (e.g., email or phone number) in the XikeStor Client. We are not responsible for any notification failures resulting from your failure to update contact information.
(3) Legal Effect of Notifications: Notices may involve changes to your rights and obligations. Please ensure your contact information is up-to-date and check notices regularly to stay informed.
15. Waiver of Class Action and Class Arbitration
15.1 Individual Dispute Resolution: To ensure fair and prompt resolution of disputes, you and XikeStor agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the XikeStor products or services, or your relationship with XikeStor shall be resolved individually, and not as part of a class action, class arbitration, or any other representative or collective proceeding.
15.2 You and XikeStor explicitly waive any right to initiate or participate in any class action or class arbitration. Unless otherwise agreed in writing by both parties, no person shall be entitled to consolidate claims or arbitrate or litigate any claim as a representative of others.
15.3 By accepting this Agreement, you acknowledge that you have fully read, understood, and agreed to waive your rights to participate in class actions or class arbitration, and have independently considered the consequences of this waiver.
16. Contact Us
16.1 If you have any questions, comments, or suggestions regarding this Agreement or our services, please contact us through one of the following methods:
(1) Data Protection Officer: Email: echo@cnonas.com
(2) Mailing Address: A2 Building, Floors 1-2, No. 801 Shengli East Road, Longzihu District, Bengbu, Anhui Province, China, Postal Code: 233000
(3) Customer Service Hotline (Mainland China): 400-857-0075
(4) Hours of Service: Monday to Friday, 09:00–18:00
17. Governing Law and Dispute Resolution
17.1 The formation, validity, performance, interpretation, and dispute resolution of this Agreement shall, in principle, be governed by the applicable laws of the People's Republic of China. However, mandatory local laws and regulations of the user’s jurisdiction shall also apply where applicable.
17.2 Any dispute arising from or in connection with this Agreement shall first be resolved through friendly negotiation. If no resolution is reached, either party may submit the dispute to a competent court or arbitration institution with proper jurisdiction.
18. Miscellaneous
This section may include other supplementary provisions, which are subject to further expansion based on specific needs or regulatory requirements.