Health Report-User Agreement
Post Date: January 29, 2020
Effective Date: January 29, 2020
Welcome to Health Report and related services (hereinafter referred to as this “Software and Service”), which is developed and operated by Beijing Feishu Technology Co., Ltd. (hereinafter referred to as “Feishu Technology”), who also owns independent intellectual property rights of such. We hereby specially remind you that you should carefully read and fully understand all provisions of this Health Report User Agreement (hereinafter referred to as this “Agreement”), in particular, the provisions on exemption from or relief of liabilities, grants of rights and use of services, governing law, dispute resolution and so forth. The important provisions such as limitations or exemption from liabilities will be in font bold for reminding and you should carefully read.
1.Scope of Application
(I) This Agreement forms a legally binding agreement between Users of this Software and Service and Feishu Technology.
(II) This Software and Service provides information reporting services on employees' health status, geographical location, itinerary, work city, traveling information and so forth for all kinds of companies, enterprises and other entities (hereinafter referred to as “Entity”).
(III) Entity shall obtain this Software and Service in accordance with the methods and channels specified by Feishu Technology, and have the administration authority over the account number (including the Entity User account number and the individual User account number). "Users" means the staff members of the Entity who have received the invitation from the Entity and use this Software and Service (hereinafter referred to as “Users” or “You”).
2.Content of this Software and Service
(I) The content of this Software and Service shall mean information reporting functions/services on employees' health status, geographical location, itinerary, work city, traveling information and so forth provided by Feishu Technology to Users. These functional services may be optimized or modified according to changes of User requirements, with different service versions, or with the unilateral judgment of the service provider, or suspended due to regular and irregular maintenance. Unless you fully accept the full contents of this Agreement, you will not be able to register, log in and use this Software and Service as normal. You understand and agree that if you continue to register, log in and use this Software and Service, your conduct will be deemed to have fully understood this Agreement and undertaken to be bound by this Agreement and other agreements and rules relating to this Software and Service as a party to this Agreement.
(II) Feishu Technology provides services in PC, mobile phone (IOS and Android version) and other forms (according to such specific forms provided by Feishu Technology). Feishu Technology will continuously enrich the terminals and forms of your use of this Software and Service. For example, if you have logged in to use one form of service, you can use other versions of this Software and Service with the same account. This Agreement is automatically applicable to your use of all versions of this Software and Service.
(III) Meanwhile, Feishu Technology reserves the right to update, upgrade, modify or transfer this Software and Service or any part thereof and related functions and applications at any time at its own discretion. You agree that Feishu Technology is not required to notify anyone of the above acts and shall not be responsible for you or any third party.
(IV) If you accept the invitation to become a member of an organization within the organizational structure and maintain that identity, you may enjoy the services provided by this Software and Service to such organization and its members, and you authorize your organization to manage your membership and related interests based on that identity, including but not limited to joining, deleting, adjusting permissions and limiting the content of service. You undertake to use this Software and Service in accordance with the Rules as well as the authorized scope and specifications of the organization, and if you lose your membership of such organization, Feishu Technology has the right to delete the service content based on that identity.
3.Authorized Scope of this Software and Service
(I) Feishu Technology grants Users a non-transferable and non-exclusive right to use this Software and Service. Users can use this Software and Service on terminal devices for non-commercial purposes.
(II) All other rights not expressly authorized by this article and other provisions of this Agreement shall remain reserved by Feishu Technology, and Users shall obtain additional written permissions from Feishu Technology in the exercise of these rights. The failure of Feishu Technology to exercise any of the above-mentioned rights shall not constitute a waiver of such rights.
4.Acquisition of this Software
(I) Users can acquire this Software and Service directly from [Feishu's] application platform.
(II) If any User obtains this Software and Service from a third party who has never been authorized by Feishu Technology, Feishu Technology cannot guarantee the normal use of this Software and will not be responsible for the losses caused to such User as a result.
(I) You confirm that when you complete the relevant login process according to the designated channels and methods of Feishu Technology, you should be a natural person, legal person or other organization with full civil rights capacity and capacity appropriate to the civil activities you engage in. If you do not have the above-mentioned qualifications, please do not use this Software and Service; otherwise you and your guardian shall bear all the consequences as a result. Meanwhile, Feishu Technology has the right to cancel your account without bearing legal liability to the User of such account, and the resulting losses such as the emptying and loss of all data and information arising from your use of this Software and Service shall be borne by yourself.
(II) Users can use the relevant functions of Health Report System after the Entity obtaining this Software and Service as well as the administrator account number and permissions through methods designated by Feishu Technology.
(III) When using this Software and Service after introduced by the service administrator account, you shall ensure that the identity information or such other information submitted by you is authentic, accurate, complete and reflecting the current conditions of you. You understand and warrant that no information used by you for using this Software and Service, such as your account name, avatar, and brief introduction, and such other personal information, is illegal or harmful, that you shall not act in the name of any other person (including but not limited to falsely using such person’s name, trade name, avatar, or any other information that is sufficient to cause confusion) without permit of such person, and that you shall abide by relevant laws and regulations and shall not commit any act that may harm the national interests, any other citizen’s lawful rights or interests, or social morality when you use the account. Feishu Technology reserves the right to review your account information.
(IV) You understand and agree that the title to this Software account and relevant rights thereto and relevant interests therein shall be owned by Feishu Technology and that you only have the right to use the account after you complete the initial login. Your account may only be used by yourself and, without written consent of Feishu Technology, you are prohibited to give, lend, lease, transfer, sell your account to any other person, or otherwise permit any other person to use your account. In the event that Feishu Technology finds or reasonably believes that the user of an account is not the initial registrant of such account, Feishu Technology may, without notifying you, suspend or terminate provision of services to such account and cancel such account without assuming any legal liability to the user of such account. If the account is a service administrator account, Feishu Technology may cancel and delete such administrator account and all information and relevant rights and interests of the members in the contact list constituted on the basis thereof under such Entity, and the resulting losses such as the emptying and loss of all data and information arising from your use of this Software and Service shall be borne by yourself.
(V) You shall be responsible for maintaining the security and confidentiality of your personal account and you shall be solely liable for and Feishu Technology may assume no liability caused by theft or loss of your account due to your own fault or any force majeure.
6.Protection of Personal Data
7.Code of User Conduct
(I) Users understand and agree that in order to provide effective services to Users, this Software and Service will make use of resources such as the processor and bandwidth of the Users’ terminal devices. For data cost that may be generated during the use of this Software and Service, Users are required to know the relevant price information from the operator and bear the relevant costs.
(II) Unless otherwise stated, the Software and Service under this Agreement can only be used for non-commercial purposes. You undertake not to copy, duplicate, sell, resell or use for commercial purposes (including but not limited to advertising) any part of this Software and Service or the use or acquisition of this Software and Service.
(III) Information Content Specifications.
- Opposing the basic principles laid down in the Constitution;
- Endangering national security, divulging state secrets, subverting state power and undermining national unity;
- Damaging the state honor and interests;
- Inciting ethnic hatred, ethnic discrimination and undermining national unity;
- Undermining the state's religious policy and promote heresy and feudal superstition;
- Spreading rumors, disturbing social order and destabilizing society;
- Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
- Infringing upon the lawful rights and interests of minors or damaging the physical and mental health of minors;
- Infringing other people's privacy, personal information or data, or infringing other people's privacy rights, reputation rights, portrait rights, intellectual property rights, trade secrets and other legitimate rights and interests;
- Insulting or slandering other people, or infringing upon the lawful rights and interests of other people;
- Information that endangers network security, uses the network to endanger national security, honor and interests, and hinders the security of the operation of the Internet;
- Intentional dissemination of malicious programs or viruses and other conducts that interfere with the normal operation of this Software and Service;
- Other conducts prohibited by laws, regulations or policies or in violation of public order, good customs or social morality.
(IV) Specifications for use of the Software
Unless permitted by law or with the written permission of Feishu Technology, Users can not use this Software and Service for any illegal purposes. Specifically, you shall not engage in the following activities:
- To delete the copyright information on this Software and Service;
- Reverse engineering, reverse assembling, reverse compiling, or otherwise attempting to discover the source code of this Software and Service;
- To use, rent, lend, copy, modify, link, reprint, compile, publish, announce and establish mirror sites for the content of this Software and Service with intellectual property rights of Feishu Technology.
- To copy, modify, add, delete, mount or create any derivative works of the Software and Service, the data released into any terminal memory and the interaction data between the client and the server side during the operation of the Software and Service, and the system data necessary for the operation of the Software and Service, including but not limited to accessing the Software and Service and related systems using plug-ins, add-ons or third-party tools/services not authorized by Feishu Technology.
- To add, delete, or change the functions or operational effects of the Software by modifying or falsifying instructions or data in the operation of the Software, or to operate or disseminate the Software and methods used for the above-mentioned purposes to the public, whether or not such acts are for commercial purposes;
- To log in or use the Software and Service through third-party software, plug-ins, add-ons and systems neither developed nor authorized by Feishu Technology, or to produce, publish or disseminate the above-mentioned tools;
- To interfere with the Software and Service and its components, modules, data and so forth by oneself, authorizing others or using third-party software.
- Other conducts not expressly authorized by Feishu Technology.
(V) Specifications for service operation.
Unless permitted by law or with the written permission of Feishu Technology, Users shall not use the Software and Service for any unlawful purposes. Specifically, you shall not engage in any of the following activities:
- Submitting or publishing any false information, or impersonating or using the name of another person;
- Inducing other Users to click on a linked page or share information;
- Fabricating or concealing the truth in order to mislead or deceive others;
- Using the account and any functions of this Software and Service, as well as third-party operating platforms to promote unilaterally or mutually without the written permission of Feishu Technology;
- Using this Software and Service in major areas, including but not limited to nuclear facilities, military uses, medical facilities, transportation and communications;
- Uploading, transmitting or sharing any advertisement, promotional information, promotional materials, "junk mail", "spam", "chain letters", "direct selling" or any other form of inducement materials (other than any dedicated area or function for the above-mentioned purposes);
- Conducting activities beyond normal communication purposes regarding internal or external information between Users;
- Tracking or otherwise harassing others or sending large amounts of information to other Users through this Software and Service;
- Using this Software and Service in any form to infringe upon the commercial interests of Feishu Technology or to engage in anything that may cause harm or prejudice to Feishu Technology;
- Producing, publishing, operating or disseminating any methods and tools related to the above-mentioned conducts, whether for commercial purposes or not;
- Producing, publishing, using and disseminating malicious programs used to steal the account of this Software and Service and others’ personal data or property;
- Other conducts violating the provisions of laws and regulations, infringing upon the legitimate rights and interests of other Users, interfering with the normal operation of products or not expressly authorized by Feishu Technology.
(VI) Subject to compliance with and satisfaction of the conditions set out in article 7 of this Agreement, you are granted a non-exclusive, limited, non-transferable, non-sublicense and revocable license to access and use the Software and Service. Feishu Technology reserves all rights relating to this Software and Service and not expressly granted in this Agreement. You confirm and agree that Feishu Technology may terminate the license for any reasonable reason in the event of your breach of any of the provisions in this Agreement.
8.Provisions on Use by Minors.
(I) If you are a minor under the age of 18, you may use this Software and relevant services only after you have carefully read this Agreement under the guardianship and guide of, and with the consent of your guardian.
(II) Feishu Technology attaches great importance to the protection of minors‘ Personal Data. When filling in the Personal Data, a minor shall strengthen the consciousness of personal protection and act prudently and shall properly use this Software and Service under the guide of such minor’s guardian.
(III) A minor User understands that you and your guardian shall bear all potential legal liabilities arising from your violation or breach of laws, regulations, or the provisions of this Agreement according to relevant laws.
(IV) Special reminders for minor Users:
- A minor User shall use the Health Report Software and relevant services under the supervision and guide of his/her guardian, properly learn to use the Internet within a reasonable scope, avoid indulging in the virtual cyberspace, and form good online habits.
- A minor User must abide by the National Internet Civilization Convention for Teenagers as follows:
- To be good at online learning and not to browse bad information;
- To communicate honestly and friendly and not to insult or cheat others;
- To improve self-protection awareness and not to date a net friend at random;
- To maintain the network security and not to break the network order; and
- To be beneficial to physical and mental health and not to indulge in virtual space.
(V) In order to better protect the minors’ privacy rights and interests, Feishu Technology reminds the Users that they should prudently post the contents containing any materials concerning minors, and the post thereof shall be deemed as a User’s consent that the minor’s information, portrait, voices and so forth may be displayed by the Health Report Software and relevant services and the User permits Feishu Technology to use and process the contents related to the minor according to this Agreement.
(I) Feishu Technology is the owner of the intellectual property rights of this Software and Service. All the intellectual property rights, such as copyright, trademark rights, patent rights, trade secrets, etc., of this Software and Service as well as the content provided therein (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, charts, layout design, electronic documents, etc.) belong to Feishu Technology.
(II) Without obtaining the written consent from Feishu Technology or relevant right holders, Users may not implement, utilize or transfer the above intellectual property rights by themselves or by authorizing any third party for any commercial or non-commercial purposes.
(III) Users shall ensure that any information of Feishu Technology (including technology, technical processes, data, customer information, trade secrets or technical know-how: including information related to research, products, services, business, suppliers, customers, markets, software, development, inventions, programs, designs, drawings, engineering, marketing or finance, collectively “Confidential Information ”) obtained in the use of this Software and Service and its related services will not be disclosed, published, transferred, displayed, provided, used, retained or otherwise used for any purposes other than using this Software and Service by Users. Unless explicitly allowed by Feishu Technology or any relevant information has been disclosed, Users shall keep confidential the Confidential Information and take all reasonable preventive measures to prevent its disclosure. Any personal information data ("Personal Data") disclosed to Users by Feishu Technology in connection with this Software and Service shall be treated, stored, processed, transferred and modified by Users in accordance with the applicable information security and privacy laws and further instructions of Feishu Technology. When Users cease to use the Software and Service or if required by Feishu Technology, Users shall immediately return or destroy the Confidential Information (and any revisions, copies or derivatives thereof, including any documents, images, printed materials or other media containing any Confidential Information or its revisions, copies or derivatives thereof) to Feishu Technology or its authorized representative.
(IV) Please do not use any trademarks, service marks, trade names, domain names or other prominent brand features (collectively "Logos") of Feishu Technology (including but not limited to "Health Report ") under any circumstances. Without the prior written consent of the Company, you may not display, use or apply for a registered trademark, register a domain name or otherwise deal with the above-mentioned Logos in any way, whether alone or in combination, nor may you expressed or implied to others that you have the right to display, use, or otherwise deal with such Logos. If you use the above trademarks or Logos of the Company in violation of this Agreement and cause losses to the Company or others, you shall bear all the legal responsibilities.
10.Breach of this Agreement
(I) For your violation of this Agreement and/or other agreements and rules of Feishu Technology, Feishu Technology has the right to independently judge and take actions as appropriate, including but not limited to restricting, suspending or terminating your use of some or all of this Software and Service. We will keep relevant records for suspected violations of laws and regulations and crimes, report to relevant competent departments according to relevant laws and cooperate with relevant competent departments for investigation.
(II) If you violate this Agreement or other terms of services and cause third-party complaints or claims, you shall bear all the legal liabilities on your own. If Feishu Technology and its affiliated companies or controlling companies compensate any third party or suffer any punishment from state authorities due to your violation of law or breach of contract, you shall also compensate Feishu Technology and its affiliated companies or controlling companies in full for all losses suffered as a result.
(I) You understand and agree that this Software and Service may be affected or interfered with by a number of factors, and Feishu Technology does not guarantee the following situations (including but not limited to):
- Feishu Technology is completely suitable for Users’ requirements;
- Feishu Technology is undisturbed, timely, safe, reliable or error-free and any product, service or other material obtained by Users from Feishu Technology meets Users’ expectations;
- Any error in this Software and Service can be corrected;
- Users or Feishu Technology will not be attacked by computer viruses, Trojans or other malicious programs or hackers;
- The software, systems, hardware and communication lines of Users or Feishu Technology malfunction;
- Users improperly operate or use this Service through any methods not authorized by Feishu Technology;
- Outdated version of the program, ageing of the devices and/or their compatibility problems;
- Other circumstances beyond the control or reasonable expectation of Feishu Technology.
(II) Users understand and agree that, in the process of using this Software and Service, they may encounter factors such as force majeure (force majeure refers to unforeseen, insurmountable and unavoidable objective events), including but not limited to government actions, natural disasters, network causes, hacker attacks, wars or any other similar events. In the event of any force majeure, Feishu Technology will strive to repair it in time as soon as possible, but Users agree that Feishu Technology will not be held responsible for any losses caused to Users by force majeure.
(III) When using this Software and Service, Users are required to bear the following risks beyond the control of Feishu Technology, including but not limited to:
- Risks such as loss or leakage of Personal Data that may be caused by force majeure factors;
- Users must choose the software version matching the installed terminal devices. Otherwise, any problems or damages caused by the version mismatch between the Software and the terminal devices will be borne by Users;
- Risks such as login failure, incomplete data synchronization, slow page opening speed due to the unstable wireless network signal and low wireless network bandwidth.
(IV) Users read, understand and agree that this Agreement is to ensure the compliance with national laws and regulations, safeguard public order and good customs, and protect the legitimate rights and interests of others. Feishu Technology will try its best to judge according to relevant laws and regulations within its capabilities. However, it does not guarantee that Feishu Technology's judgment is completely consistent with that of judicial and administrative organs. Users have understood and agreed to bear any consequences arising therefrom themselves.
(V) Under no circumstances shall Feishu Technology be liable for any indirect, consequential, punitive, accidental, special or punitory damage (including loss of profits suffered as a result of your use of this Software and related services). Feishu Technology's full liability to you, for whatever reason or in any manner, shall not exceed the expenses (if any) paid to Feishu Technology by you for the use of this Software and Service.
Feishu Technology will modify or change the terms of service of this Agreement as necessary according to the development of the Internet and changes in relevant laws, regulations and normative documents, or due to the needs of business development. Feishu Technology will make reasonable efforts to give reasonable notice to Users, for example, by publishing a notice on this Software to inform Users of any material changes to this Agreement. You should browse this Agreement on a regular basis to view the changes. If the User continues to use this Software and Service, it shall be deemed that such User has accepted the revised Agreement; if the User does not accept the revised Agreement, such User shall cease to use this Software and Service.
(I) The establishment, entry into force, performance, interpretation and settlement of disputes of this Agreement shall be subject to the laws of the Mainland of the People's Republic of China. If any provisions of this Agreement are null and void for conflicting with the laws of the Mainland of the People's Republic of China, they shall be reinterpreted as close as possible to the original text of this Agreement, and the other provisions of this Agreement shall have complete validity and effect.
(II) This Agreement is executed at Haidian District, Beijing, People's Republic of China. If you have any dispute with Feishu Technology, both parties shall try to settle the dispute through friendly negotiation as possible. If the negotiation fails, you agree that the dispute shall be submitted to the people’s court of the place where the Agreement is signed.
(III) This Agreement includes the text of this Agreement and all the privacy policies, other policies, rules, statements, notices, warnings, tips and instructions that Feishu Technology has published or may publish in the future. Feishu Technology will make these agreements and rules available to you in a conspicuous manner. Once you begin to use this Software and Service, you will be deemed to be bound by all the relevant agreements and rules published by this Software at the same time. If any of the terms of this Agreement are found to be illegal or invalid by a court with competent jurisdiction, the validity of other terms will not be affected.
(IV) The headings herein are inserted for convenience and ease of reading only, and shall in no way affect the meaning or interpretation of any provision hereof.
(V) Feishu Technology and you are independent subjects. Under no circumstances does this Agreement constitute any form of express or implied guarantee or condition by Feishu Technology to Users, nor does it constitute an agency, partnership, joint venture or employment relationship between the parties.
(VI) The copyright of this Agreement is owned by Feishu Technology, and Feishu Technology retains all the rights to interpret and modify this Agreement.