Bytello

Bytello Account User Agreement

Last updated: August 28, 2020

Thank you for registering Bytello Account! Bytello Account is a single sign-on authentication scheme for customer identity and access management (the “Product”), whereby you may log in to all products and services that support Bytello Account, including but not limited to Bytello Class, Bytello OS, Bytello DMS (hereinafter referred to as “Bytello-related products or services”). This Bytello Account User Agreement (hereinafter referred to as the "Agreement") is the legally binding agreement between you (i.e. natural person, legal person or other organization) and Guangzhou Shirui Electronics Co., Ltd. (hereinafter referred to as "Shirui" or "We") concerning our Bytello Account.

Before using Bytello Account, please read through carefully this Agreement, especially clauses exempting or limiting our liability or your rights, and clauses on governing law and dispute resolution. By registering or logging in to the Bytello Account, you are deemed to have fully read, understood and accepted this Agreement. The most updated version of the Agreement can be found in the Bytello Account dashboard. If you do not agree with any term of this Agreement, please cease using Bytello Account.

Please note that in addition to this Agreement, your subscription or use of certain specific functions and services in Bytello-related products or services may be subject to standalone user agreements. In such case you will be notified and you shall read and agree to be bound by such standalone user agreements if you want to use such functions and/or services. If there is a conflict between this Agreement and such standalone user agreements, the latter will take precedence with respect to your use of or access to the specific function or service.

I. Eligibility

You promise you are eligible to create a Bytello Account:

1. If you are under 18, you agree to review this Agreement with your parent or legal guardian to make sure that both you and your parent or legal guardian understand and agree to this Agreement. You agree to have your parent or legal guardian review and accept these terms on your behalf. If you are under the age of 16, you may not create a Bytello Account unless your parents or legal guardians grant you express permission. You will have to provide the email address of your parent or legal guardian when registering Bytello Account, to whom we will send a notification of confirmation. If your parent or legal guardian does not confirm your registration within forty-eight (48) hours or denies your registration, your account will be deleted or de-activated.

2. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to register the Bytello Account, you agree that you are subject to the terms of this Agreement and responsible for your child’s activity thereof.

3. If you are registering Bytello Account on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

4. By registering Bytello Account, you represent and warrant to us that you are either an adult or, if you are a child or minor under the age of 18, you have obtained proper consent from your parent or legal guardian, and that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Before you provide us with any personal information of any minor or child, please refer to our Bytello Account Privacy Policy.

II. Ownership of Bytello Account

The Bytello Account is provided to you by Shirui. All copyright and other intellectual property rights, and all information related to the Bytello Account (including but not limited to text expressions, combinations of text, icons, graphics, images, diagrams, colors, interface designs, layout frameworks, related data, additional programs, printed materials or electronic documents) are all owned by Shirui or its licensors and are protected by copyright law, International copyright treaties and other intellectual property laws and regulations.

III. Security and Management of Bytello Account

You can register or use the Bytello Account legally if you abide by the terms and conditions thereof.

1. When registering the Bytello Account, you shall provide us true, accurate, complete, lawful and valid user information, and shall be solely responsible for activities under your Bytello Account. In case of any change to your user information, you shall promptly update it. If any information you provide to us is untrue, inaccurate and incomplete, you will be liable for the liabilities and consequences caused thereby, and we reserve the right, to the extent permitted by law, to refuse to provide you services and/or delete your user account.

2. Please provide your personal information by strictly following the instructions of Bytello Account. Please do not use simple passwords like your birthday, name, repeated or continuous letters or numbers. Please properly keep your account number and password secure. You will be solely liable for any loss caused by failure of proper keeping of the account number and password. If you are aware of any unauthorized use of your account, please notify us immediately.

3. Based on your action and applicable rules, we have the right to determine whether or not your action is inappropriate or unacceptable to us or you have violated this Agreement, we may suspend, interrupt or terminate your use of Bytello Account in whole or in part under this Agreement without prior notice to you,

(a) where we believe that you are not the registered user or you have no due authorization from the registered user;

(b) where we are aware of any abnormal situation or we have reasonable reason to suspect that your operation or action may pose high risks to our services or other users or illegal;

(d) where we believe that you have violated various rules, regulations, guidance provided by this Agreement or the Agreement itself;

(e) where we determine, for reasons other than the above, that we need to suspend, interrupt or terminate all or part of the services provided to you under this Agreement based on your behavior and applicable rules.

4. You promise and guarantee not to conduct the following behaviors:

(a) copy, distribute, reprint, display, post, modify, translate, merge, utilize, decompose or decompile any part of the Bytello Account in any form or method.

(b) use this Product for the purpose of creating the same or competitive services.

5. You promise to bear corresponding legal responsibilities for the following actions in the process of using this Product:

(a) violation of privacy;

(b) violation of intellectual property;

(d) endangering the safety of children;

(e) publishing content that violates the principles of honesty and authenticity, including spam, false information and fake information;

(f) publishing harmful or dangerous content, including spreading obscenity, pornography, violence, murder, terrorism, or instigating crimes and propagating hatred;

(g) other acts prohibited by laws and administrative regulations.

6. You shall be solely responsible for any content uploaded by you to or through Bytello Account, including the form, content and accuracy thereof.

IV. Use of Bytello Account

1. With your Bytello Account, you may log in to use Bytello-related products or services, including but not limited to Bytello Class, Bytello OS, Bytello DMS, etc., without re-registration for another account.

2. If you log in to use Bytello-related products or services, separate terms and conditions will apply to that product or service.

3. You may manage your account information in the Bytello dashboard, whereby you may access or update your profile photo, email address, country, birthday information, username and password.

4. You may use the third-party cloud storage service and other third party services though Bytello dashboard, whereby you may log in to your Google/Microsoft account and upload your courseware work products or other materials to your Google/Microsoft cloud space.

5. You are responsible for ensuring that the device through which you access the Bytello Account is compatible with the version of the Bytello Account you use.

V. User Information Protection

1. Protecting users' personal information is one basic principle of Shirui. We will collect, use, store and share your personal information in accordance with this Agreement and the Bytello Account Privacy Policy. If there is no explicit provision on personal information protection in this Agreement, the content of Bytello Account Privacy Policy shall prevail. At the same time, we attach importance to the protection of consumers' rights and interests, and we will ensure that users have the right to know the method of usage of digital contents thereof.

2. Our channels for collecting personal information include: (1) information directly provided by you to us; (2) information we obtain when you log in to the Bytello Account; and/or (3) information we obtain from third parties.

3. By collecting your information, we will improve the service in the following aspects:

(a) personal information collected by us will be used to provide you with account-related services (described under Article III of this Agreement), fulfill the contract between you and us, so as to ensure the function and safety of your account, verify your identity and prevent and investigate fraud or other improper use.

(b) we use the collected information to analyze the usage status of Bytello Account in order to constantly create, develop and improve our account-related services, and analyze the efficiency of our business operations, including adding new features and functions.

(c) we use information we collect by using Cookie and other technologies (such as pixel tags) to bring you a better user experience and to improve our overall service quality.

4. We use the information you provide or generate during your use of Bytello Account according to the rules described in the Bytello Account Privacy Policy. With your consent, we may disclose your personal information to third parties. In this case, we will abide by the relevant laws and regulations on information protection to require the third party not to use your personal information for any purpose other than the designated purpose or the purpose specified in the Bytello Account Privacy Policy, and strengthen information security through appropriate protective measures. Without your authorization, we will not publish, edit or disclose your personal information and the non-public information you set and save on the services we provide, unless:

(a) relevant laws and regulations or requirements of judicial organs and administrative organs.

(b) transfer for completion of merger, division, acquisition or asset transfer.

(d) it can be transferred or disclosed to any third party according to the Bytello Account Personal Information Protection Policy or other relevant agreements.

5. For more information about personal information protection, please refer to Bytello Account Privacy Policy.

6. When you register or log in to the Bytello Account, we may collect user data such as user's device information and operational information through technical means such as event tracking, which can be used for device performance detection, user behavioral analysis and subsequent service optimization.

7. For the above categories of data, we will also take appropriate technical measures to ensure data security and prevent data leakage, so as to protect your rights and interests.

8. If you have any questions or concerns about our data practice, please contact support@bytello.com and we will respond to your needs.

VI. Third-party Services

1. Bytello Account may contain links to third-party websites, services, or other materials or information that are not owned or controlled by us. Please keep in mind that we do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access to or use such third party website, application, information, materials, products, or services, you understand that you do so at your own discretion and risk, and you understand that this Agreement do not apply to your use of those sites or services. Those sites and services have their own applicable terms and policies. We are not responsible for any loss or damage of any sort relating to your use or rely on any such third-party services.

2. It is not our obligation to notify you of the interruption, alteration or termination (or the risk of) the third-party sites or services. Furthermore, we are not obligated to guarantee the accuracy, effectiveness, timeliness, legality or completeness of the content or services provided by any third party.

VII. Disclaimer

1. Due to the needs of business development, we may unilaterally change (e.g. add or reduce), suspend, restrict or terminate some or all of the service of the Bytello Account, and we do not need to provide any further notice for the above situations.

2. You agree and understand that Bytello Account is provided “as is” and “as available” and is without warranty of any kind, implied, express or statutory, including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, all of which are expressly disclaimed. Shirui, our affiliates, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:

(a) Bytello Account will be secure or available at any particular time or location;

(b) Any defects or errors will be corrected;

(d) The results of using Bytello Account will meet your requirements.

3. Your use of Bytello Account is solely at your own risk. You shall abide by the laws and this Agreement when using Bytello Account.

VIII. Limitation of liability

1. In no event shall we, our affiliates, our officers, directors, employees or agents, even if we have been advised of the possibility of such loss, be liable to you for any direct, indirect, incidental, special, punitive, consequential damages or economic loss, arising from or in connection with:

(a) any access, use or the inability to access or use of Bytello Account, including in connection with any maintenance, breakdown, fault or non-availability of any part of Bytello Account;

(b) your use or misuse of Bytello Account;

(c) errors, mistakes, omissions or inaccuracies of any content posted, emailed, transmitted, or otherwise made available via Bytello Account by us or any third party;

(d) use of, access to, or denial of access to any content;

(e) any defect, error, imperfection, fault, mistake or inaccuracy with Bytello Account, its contents or associated services;

(f) any unauthorized access to or use of Bytello Account and/or any personal information or financial information stored therein;

(g) any interruption or cessation of transmission to or from Bytello Account; and/or

(h) any bugs, virus, Trojan horses, or link, which may be transmitted to or through Bytello Account by any third party.

2. As we do not ensure the accuracy of the data contained in data sources and whether the data receiving channel is unobstructed, we are not able to guarantee the continuity, timeliness and accuracy of the services provided. In case you find that the data received or updated through us is inaccurate, incorrect or missing, you should promptly contact us or the data source where your information is located for verification.

3. Although Bytello Account has been tested profoundly, we do not guarantee that it is fully compatible with all software and hardware systems, and that it is entirely free of errors. In the event of incompatibility and errors, you can call the technical support line to report such situations to us for getting technical support.

4. We are not liable for the failure to provide services due to the following reasons and we shall not be liable for any liability whatsoever as a result of the following:

(a) during the maintenance down time of our service system;

(b) there is any malfunction to your computer, software and hardware in your mobile phone, the communication line or power supply line;

(c) your improper operation or use of Bytello Account and related services by means other than that is authorized or approved by us;

(d) virus, Trojan horse, malicious program, network congestion, system instability, system or device failure, communication failure, power failure or government actions, etc.;

(e) interruption or delay of Bytello Account due to hacking, technical adjustment or failure of the network provider, website update or system issues, etc.;

(f) disability of the software service system caused by force majeure.

5. Notwithstanding the foregoing, we will make reasonable efforts to actively resume the services.

IX. Others

1. The right of final interpretation of this Agreement belongs to Guangzhou Shirui Electronics Co., Ltd.

2. This Agreement shall come into force as of the date of your acceptance, and this Agreement allows modifications whereby the altered results will be updated and displayed in the Bytello Account. You have the right to stop using the Bytello Account if you disagree with our changes to the relevant provisions of this Agreement. If you continue to use Bytello Account, it will be deemed that you accept our changes to the relevant terms of this Agreement.

3. The conclusion, execution and interpretation of this Agreement and the dispute resolution shall be governed by the laws of the People’s Republic of China. In case of any dispute between the two parties concerning the content of this Agreement or its implementation, both parties shall try their best to settle it through friendly negotiation. If negotiation fails, both parties agree to submit the dispute to Huangpu District People's Court of Guangzhou for litigation.

4. If any provision of this Agreement is held wholly or partially invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding.

5. This Agreement is the final, complete and exclusive agreement between you and Shirui on your registration and login of the Bytello Account, and replaces and merges the previous negotiations and agreements between the parties on such matters. You may not transfer the rights and obligations stipulated in this Agreement without our written consent. Any attempt to transfer in violation of the above provisions is null and void.

6. Contact us

If you have any questions or concerns about our Bytello Account User Agreement or related practice, please contact us in the following manners:

Telephone: +86 020-82075661

Email: support@bytello.com

Address: 192 Kezhu Road, Science City, Economic and Technological Development District, Guangzhou

Service & support: 020-82260169