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Terms of Service

Last updated: 2023-11-20

1. Definition and explanation

1.1"WonderPen" refers to Hangzhou Tongming Technology Co., Ltd. and/or its affiliated companies (hereinafter referred to as "Tongming Technology", "the company" or "we") legally owned and operated, including but not limited to WonderPen Writing software (hereinafter may be referred to as "WonderPen" or "妙笔"). The WonderPen Service and the various business features included in the Service are collectively referred to as "our products and/or services."

1.2The "Service Agreement" (hereinafter referred to as "this Agreement") is an agreement between the user (hereinafter referred to as "user" or you) and our company's products. We will provide you with services in accordance with the contents of this agreement. Please be sure to read carefully and fully understand the contents of each clause. If you do not agree with any of the terms stated in this agreement or subsequent modifications to the terms of the agreement, please do not use our company's products and related services. Your use will be deemed as your complete acceptance of all terms of this Agreement.

1.3The company provides you with services including but not limited to the following:

  • Platform: WonderPen official website and client;
  • Servers and network storage spaces directly owned or operated;
  • Various value-added services provided to you;
  • Other technologies and/or services provided to you.

2. Intellectual property rights

2.1The content on the Company’s products and related services, including but not limited to works, pictures, files, information, materials, website structure, website screen arrangement, and web design, are all intellectual property rights owned by the Company or its affiliated companies in accordance with the law, including but not limited to Limited to trademark rights, patent rights, copyrights, trade secrets, etc.

2.2Without the written consent of the Company or its affiliates, please do not apply, modify, decompile, copy, publicly disseminate, change, distribute, publish or publicly publish the relevant content of the Company and its services.

2.3Unless you have another written agreement with the Company, nothing in these Terms of Service grants you the right to use any of the Company’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.

2.4It is your obligation to respect intellectual property rights. If there is any violation, you will be liable for damages.

3. Privacy Protection

3.1We fully respect the protection of users' personal information. Our Privacy Policy introduces how we handle your personal information when you use our company's products and related services. By using our products and related services, you agree that we can process the corresponding information in accordance with the privacy policy.

4. User Code of Conduct

4.1When using the company's products and related services, you should comply with the following laws and regulations:

  • "Law of the People's Republic of China on Safeguarding State Secrets"
  • "Copyright Law of the People's Republic of China"
  • "Regulations of the People's Republic of China on Security Protection of Computer Information Systems"
  • "Computer Software Protection Regulations"
  • "Internet Electronic Announcement Service Management Regulations"
  • "Regulations on the Protection of the Right to Disseminate Information Networks"
  • "Cybersecurity Law of the People's Republic of China"
  • Other laws and regulations related to computers and the Internet.

4.2In any case, once it is reasonably believed that a user's behavior may violate the above laws and regulations, the Company may terminate the provision of services to the user at any time without prior notice.

4.3Users are prohibited from engaging in the following behaviors:

  • Impersonate any person or organization, or falsely state or otherwise misrepresent your affiliation with any person or organization;
  • Interfere with or destroy the Company's products and related services or servers and networks connected to the Company's products and services, or fail to comply with the provisions of this Agreement;
  • Intentionally or unintentionally violate any relevant Chinese laws, regulations, rules, regulations and other legally binding norms;
  • Without the express prior written permission of the Company, assist others to obtain platform services by yourself or by entrusting others in any way (including but not limited to any automatic programs, scripts, software such as robot software, spider software, crawler software, etc.) and for any reason; content, data;

5. Disclaimer

5.1We are exempt from liability if we are unable to provide services normally due to the following reasons:

  • Our systems are down for maintenance or upgrades;
  • Due to force majeure such as typhoons, earthquakes, floods, lightning or terrorist attacks;
  • Your equipment software and hardware, communication lines, and power supply lines are faulty;
  • Due to your improper operation or use of our services in a manner not authorized or approved by us;
  • Due to viruses, Trojans, malicious program attacks, network congestion, system instability, system or equipment failure, communication failure, power failure, banking reasons, third-party service defects or government actions, etc.

5.2Despite the agreement in the preceding paragraph, we will take reasonable actions to actively restore the service to normal.

5.3Under no circumstances will the Company be liable for any indirect, consequential, punitive, incidental, special or punitive damages, including loss of profits suffered due to your use of the Company's products and related services. The Company's total liability to you, regardless of the cause or manner of conduct, will never exceed the fees (if any) paid by you to the Company for the use of the Company's software and related services.

6. Application and jurisdiction of law

6.1The validity, interpretation, modification, execution and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. Any disputes arising from your use of our services and related to our platform services will be resolved through negotiation between us and you. If negotiations fail, either party may file a lawsuit with the People's Court where the defendant is located.

7. Change, interruption and termination of services

7.1You understand and agree that the Company may make changes to the service content based on adjustments to its business strategies, and may also interrupt, suspend or terminate the service.

7.2You understand and agree that if the company undergoes a merger, division, acquisition, or asset transfer, we may transfer the relevant assets under this service to a third party; the company may also transfer some or all of the services under this agreement to you after unilaterally notifying you. and the corresponding rights and obligations are transferred to a third party for operation or performance.

7.3You understand and agree that if you violate the provisions of relevant laws and regulations, this Agreement and other relevant agreements, the Company has the right to unilaterally interrupt or terminate the provision of services to you without notice.

7.4After the Company terminates the provision of services to you, it has the right to delete or anonymize your personal information in accordance with the requirements of applicable laws. It also has the right to continue to save other information you have retained on our platform in accordance with the time limit and method of laws and regulations. content and information.

7.5You understand and agree that the operator of the Company needs to maintain or repair the services or related equipment regularly or irregularly. If the service is interrupted within a reasonable time due to such circumstances, the operator of the Company does not need to do so. assumes no responsibility, but the operator of the company should notify in advance as much as possible.

8. Fee Terms

8.1When you purchase services within our company's products, please be sure to carefully confirm the time, content, restrictive requirements and other important matters of the purchased services.

8.2The Company has the right to determine the charging methods and tariff standards for built-in services, and has the right to adjust the tariff policy at any time as needed. If a service is subject to price reduction or promotion, the company does not provide price protection or refunds.

8.3The payment method used by users when purchasing the built-in services of our products is provided by a third party. The company is not responsible for possible delays, errors and other problems during the payment process.

8.4Users who purchase the Company’s “WonderPen” product through the Company’s official channels (such as the official website, etc.) can apply for a refund within 7 days, but the Company does not bear the costs incurred for the refund. If the purchase channel is not official (such as agents, Apple Store, Google Play, etc.), you cannot apply for a refund.

9. Terms changes and notifications

9.1The Company has the right to modify the terms of this Agreement when necessary. Please check the relevant content regularly. If the user continues to use the services involved in this agreement, it will be deemed to have agreed to the modified content; if the user does not agree to the modified content, he should terminate this agreement and stop using the relevant services.

10. Contact us

10.1If you have any questions about this Service Agreement, you can contact us by email at support@tominlab.com.