Terms of Service

Last updated: August 1, 2024

1. Acceptance of Terms

Welcome to the data intelligence and cultural analytics platform and related services (the "Services") provided by DATAOCEAN CULTURE ("DATAOCEAN CULTURE," "we," or "us").

By accessing our website (www.dataocean-culture.com), registering an account, or using any of our Services, you ("Customer" or "you") represent that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"). If you do not agree with any part of these Terms, please do not register an account or use our Services.

If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have full authority to bind such entity to these Terms.

Important Notice: Please read these Terms carefully, particularly the provisions limiting our liability. These Terms may affect your legal rights.

2. Definitions

The following terms used in these Terms shall have the meanings set forth below:

• "Services" means the data intelligence and cultural analytics platform provided by DATAOCEAN CULTURE, including but not limited to cultural trend analysis, cross-market data harmonization, AI-powered insight generation, compliance monitoring, API interfaces, and other features.
• "Customer" means the enterprise, institution, or individual that registers for and uses our Services.
• "End User" means the individuals whose data is processed through the Customer's use of the analytics platform.
• "Customer Data" means the datasets, analytics models, reports, visualizations, and content uploaded, generated, or processed by the Customer through the Services.
• "API" means the application programming interface provided by us for integration between the Customer's systems and the platform.
• "Analytics" means the data processing, analysis, and reporting capabilities of the platform.

3. Account Registration

3.1 Registration Requirements

To use our Services, you must complete account registration. When registering, you must ensure that:

• You are at least 18 years old and have full legal capacity (if an individual), or have obtained lawful authorization (if an enterprise).
• The registration information provided is true, accurate, and complete, and will be promptly updated in the event of any changes.
• You safeguard your account credentials (username, password, API Key) and do not transfer or lend your account to any third party.
• You are responsible for all activities under your account, including actions performed by authorized personnel.

3.2 Account Review

We reserve the right to review, approve, or reject account registration applications. Enterprise customers must submit valid business licenses and other qualification documents. We may require you to update qualification information during the term of service.

4. Service Description

We provide the following services:

• Cultural Analytics: Analyze cultural trends, audience behavior, and market dynamics across global markets.
• Global Data Engine: Harmonize cross-market data sets with standardized pipelines and multi-source integration.
• AI Insight Studio: Generate AI-powered insights, predictive models, and automated reports for strategic decision-making.
• Compliance Monitoring: Monitor regulatory compliance across jurisdictions with automated risk assessment tools.
• API Integration: Provide RESTful APIs and multi-language SDKs for customer system integration.
• Custom Analytics: Tailored analytics solutions for specific industry needs and business objectives.

Specific service features and billing plans are governed by the service agreement entered into between the parties or the plan you have selected.

5. Acceptable Use

5.1 Permitted Use

• Use the Services for lawful data analytics, cultural research, and business intelligence purposes.
• Ensure that all data processed through the Services is obtained lawfully and with proper consent where required.
• Comply with the data protection regulations of the applicable jurisdictions.

5.2 Prohibited Use

Customers may not engage in the following activities through the Services:

• Uploading or processing data containing illegal, harmful, fraudulent, defamatory, or infringing content.
• Processing data involving gambling, pornography, violence, terrorism, or other illegal or prohibited content.
• Using the Services to process personal data without lawful basis or required consent.
• Impersonating or forging another party's identity to access or use the Services.
• Attempting to gain unauthorized access to systems, data, or networks.
• Actions violating the data protection and privacy laws of the applicable jurisdictions.
• Reverse engineering, decompiling, or attempting to obtain the source code of the Services.
• Calling the API beyond normal ranges, affecting platform performance or other customers' usage.

If a Customer is found to have violated the above policies, we have the right to immediately suspend or terminate the Services and reserve the right to pursue legal liability.

6. Fees & Payment

6.1 Billing Methods

Service fees are calculated based on the service types and usage selected by the Customer. Specific billing methods include:

• Pay-as-you-go: Billed based on actual API calls, data volume processed, and analytics features used.
• Subscription Plans: Select a fixed plan including a certain usage allowance, with additional usage billed on a pay-as-you-go basis.
• Custom Plans: Large enterprise customers may contact sales for customized pricing.

6.2 Payment Terms

• Pay-as-you-go customers are billed monthly, with invoices generated at the beginning of each month and payment due within 15 days.
• Subscription plan customers must prepay before the plan takes effect.
• If payment is overdue, we have the right to suspend the Services and charge a late fee of 0.05% of the overdue amount per day.
• All fees are exclusive of taxes, and applicable taxes will be charged separately.

6.3 Refunds

Unused portions of prepaid plans may be refunded on a pro-rata basis if the refund conditions are met. Specific refund policies are governed by the service agreement.

7. Compliance Obligations

Customers are responsible for ensuring that their use of the Services complies with all applicable laws and regulations, including but not limited to:

• The Personal Information Protection Law of the People's Republic of China (PIPL), the Data Security Law, and the Cybersecurity Law.
• The EU General Data Protection Regulation (GDPR), where processing personal data of EU residents is involved.
• Data protection and privacy laws of the target jurisdictions.
• Industry-specific regulations applicable to the Customer's business.
• Export control and data localization requirements of the applicable jurisdictions.

Customers must retain evidence of lawful data processing and provide it upon request by regulatory authorities or us. Legal liability arising from the Customer's breach of compliance obligations shall be borne solely by the Customer.

8. Data & Privacy

For information on how we collect, use, and protect personal information, please refer to our Privacy Policy. As the data controller of Customer Data, the Customer is responsible for ensuring that its data processing activities are lawful and compliant.

As a data processor, we process data only in accordance with the Customer's instructions. Both parties should enter into a Data Processing Agreement (DPA) that clearly defines their respective data protection obligations.

9. Intellectual Property

9.1 Platform Intellectual Property

All intellectual property rights in the Services, platform, API, documentation, and all related technology (including but not limited to software, trademarks, patents, and designs) are owned by DataOcean Culture and Entertainment Co., Limited or its licensors. The Customer only obtains a non-exclusive, non-transferable license to use the Services during the term of the service agreement.

9.2 Customer Content

Intellectual property rights in the Customer Data uploaded or generated through the Services belong to the Customer. The Customer grants us the necessary license to use, process, and transmit the Customer Data for the purpose of providing the Services. The Customer warrants that the Customer Data does not infringe any third-party intellectual property rights.

9.3 Feedback

Any feedback, suggestions, or improvement ideas provided by the Customer to us may be freely used by us without payment or obligation.

10. Warranties & Disclaimers

10.1 Our Service Warranties

• We will provide the Services with reasonable skill and care.
• The platform targets 99.9% availability, and SLA compensation will be provided in accordance with the service agreement if monthly service interruption exceeds the agreed threshold.
• We will take reasonable security measures to protect Customer data.

10.2 Disclaimers

To the maximum extent permitted by law, we make no warranties or guarantees regarding:

• 100% accuracy of analytics results or AI-generated insights (results are influenced by data quality, model limitations, and market factors).
• Uninterrupted or error-free operation of the Services.
• The Services meeting the Customer's specific business needs.
• Customer Data not being intercepted or disclosed by third parties.

The Services are provided on an "as is" and "as available" basis. We shall not be liable for any indirect, incidental, special, or consequential damages.

11. Limitation of Liability

To the maximum extent permitted by law, DATAOCEAN CULTURE's total liability for any claims arising from the Customer's use of the Services shall not exceed the total service fees actually paid by the Customer to us in the 3 months preceding the event giving rise to the claim.

The following are excluded from this limitation:

• Damages caused by our intentional misconduct or gross negligence.
• Damages caused by our breach of data protection obligations.
• Situations where liability limitation is expressly prohibited by law.

We shall not be liable for service interruptions or data processing failures caused by factors beyond our reasonable control, including cloud infrastructure failures, network outages, or force majeure.

12. Indemnification

The Customer agrees to indemnify and hold harmless DATAOCEAN CULTURE and its employees, directors, and agents from and against any claims, losses, damages, and expenses (including reasonable attorneys' fees) arising from:

• Customer Data that violates laws, regulations, or infringes third-party rights.
• The Customer's breach of these Terms or applicable laws and regulations.
• The Customer's failure to obtain necessary consent or authorization for data processing.
• The Customer's negligence or intentional misconduct.

13. Termination

13.1 Termination by Customer

The Customer may terminate the service agreement at any time by written notice. Termination for pay-as-you-go customers takes effect at the end of the current billing cycle. Termination for subscription plan customers takes effect upon expiration of the current plan.

13.2 Termination by Us

We may immediately suspend or terminate the Services in the following circumstances:

• The Customer materially breaches these Terms and fails to remedy the breach within 7 days of receiving notice.
• The Customer engages in illegal, fraudulent, or rights-infringing activities.
• The Customer fails to pay due fees for 3 consecutive months.
• The Customer becomes bankrupt, dissolved, or enters liquidation proceedings.
• Changes in laws or regulations make it impossible to continue providing the Services.

13.3 Post-Termination Obligations

Upon termination of the Services, we will handle Customer data in accordance with our data retention policy. The Customer should export any required data before termination. Termination shall not affect rights and obligations accrued prior to termination.

14. Changes to Terms

We reserve the right to modify these Terms at any time. For material modifications, we will notify the Customer at least 30 days in advance through website announcements or email. If the Customer does not agree with the modified terms, they should terminate the Services before they take effect. Continued use of the Services constitutes acceptance of the modified terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any dispute arising from these Terms or the Services shall first be resolved through friendly negotiation between the parties. If negotiation fails, either party may submit the dispute to binding arbitration in Hong Kong.

If the laws of the Customer's country/region contain mandatory provisions applicable to these Terms, such mandatory provisions shall prevail.

16. Contact Us

If you have any questions regarding these Terms, please contact us at:

support@dataocean-culture.com