Ifun User Service Agreement

Release Date: October 11, 2023
Effective Date: October 11, 2023
Version: v20241101
This document was updated on November 1, 2024. Please take some time to read it carefully. If you have any questions, please contact us.

Welcome to use the Ifun client software (hereinafter referred to as "the Software") and services. Please read the following terms carefully.

This agreement is between you (hereinafter referred to as "User" or "You") and Ninesence (Shenzhen) Technology Co., Ltd. and its affiliates (hereinafter referred to as "Ninesence" or "We") regarding your downloading, installing, and using the Software, and using our related services. If you have any objections to any terms of this agreement, you may choose not to use the Software. By choosing to download, install, or use the Software and related services, you are deemed to have carefully read the terms of this agreement and agree to be bound by them. You should ensure that you have the qualification and ability to perform this agreement. If you are a minor, you should also ask your guardian to read this agreement carefully and obtain their consent.

We reserve the right to modify the content of this agreement at any time without prior notice, and the modified content takes effect immediately. You can check the latest version of the service agreement at any time. If you disagree with any modified terms, you can voluntarily uninstall the Software; if you continue to use it, you are deemed to have fully accepted the modified agreement.

I. Service Content

Ifun is a tool-type client software product developed, controlled, and operated by us, which can provide users with services such as call voice-to-text, voice dialing, and call answering (hereinafter referred to as "the Service").
To use the Service, you need to download the Ifun client software. For the Software, we grant you a personal, revocable, limited, non-transferable, and non-exclusive license. You may download, install, run, and use the Software on your terminal device for non-commercial purposes.

II. Software Acquisition, Installation, and Updates

You can download the Software from our website (https://www.ninesence.com/) or from third-party websites and platforms authorized by us. If you obtain the Software or installation programs with the same name as the Software from unauthorized third-party websites or platforms, we cannot guarantee that the Software will function normally and are not responsible for any losses caused to you as a result.
We may develop different versions of the Software for different mobile terminal devices. You should choose and download the appropriate version for installation based on the actual situation; otherwise, you may not enjoy the corresponding services, and you shall not install the Software on other terminal devices without our explicit permission. We do not assume any responsibility for the risks and losses caused by your failure to correctly install the appropriate software version.
After downloading the installation program, you need to correctly install it according to the steps prompted by the program. To provide better quality and safer services, we may recommend you install other software during the installation of the Software, and you can choose to install or not install it freely.
If you no longer need to use the Software or need to install a new version, you can uninstall the Software yourself. If you are willing to help us improve our products and services, please inform us of the reason for uninstallation.
To enhance user experience and improve service content, we will continuously strive to develop new services and provide you with software updates from time to time (these updates may take the form of software replacements, modifications, feature enhancements, version upgrades, etc.).
To improve user experience and ensure the security and functionality consistency of the services, we have the right to update the software without special notice to you or to change or limit some functional effects of the software.
After the release of the new version of the Software, the old version may not be usable. We do not guarantee that the old version of the Software will continue to be available and provide corresponding customer services. Please check and download the latest version at any time.

III. Account Registration and Management

You can apply to register an account yourself when using the Software, or use your existing and recognized third-party account for authorized login. According to relevant laws, regulations, and policies, when you apply to register an account, you must fill in a real and valid mobile phone number and complete the account registration through mobile phone verification SMS. If you fill in an incomplete or inaccurate mobile phone number, you may not be able to use the Service or may be restricted during use. We have the right to require you to fill in your real personal identity information, have the right to check or verify the information at any time, and have the right to restrict or close your account due to doubts. You have the obligation to cooperate and unconditionally accept our decision.
The account you apply to register belongs to us, and you have the right to use it. Without our written permission, the account is non-transferable, non-lendable, non-rentable, non-giftable, and non-inheritable. You shall not violate the provisions of this agreement to use your registered account for purposes other than those stipulated in this agreement; otherwise, we have the right to suspend or terminate the provision of services to you at any time unilaterally.
You must properly keep your registered account information and correctly and safely use the account information (including but not limited to account and password). You shall bear all legal responsibilities for all activities that occur under your account, whether such activities are carried out by you or a third party authorized by you. If any losses and consequences are caused by your improper confidentiality measures or your other behaviors that result in the loss or leakage of account information, you shall bear them yourself.
If your account is used by a third party or any other problem occurs, you have the obligation to notify us in time (including but not limited to providing your identity information and relevant identity materials, relevant factual circumstances, and your requirements, etc.). After receiving your valid request and verifying your identity, we will take corresponding measures according to different situations. If the information you provide is untrue or incomplete, causing us to be unable to verify your identity or judge your needs and fail to handle it in time, all losses caused shall be borne by you. At the same time, you understand that our reply and measures require a reasonable period. We are not responsible for any losses caused by reasons not attributable to us.
If you use the Service, it means that you are willing to accept emails and/or system messages related to the Service sent by us (including but not limited to product promotion and other material information). We are not responsible for any disturbances that may be caused to you as a result.
If you have not enabled cloud space, we can only store files in the Software locally on your client. We cannot guarantee the stability of the files, that is, changing the client, deleting the Software, etc., may cause the files to be permanently deleted; after enabling cloud space, you can synchronize the files stored in the Software to our server.

IV. Declarations and Warranties

You declare and warrant that you have the qualification and ability to perform the obligations under this agreement and enjoy the rights under this agreement, respect our and other users' legitimate rights and interests, and will not disparage us and all our products and services.
You declare and warrant that you must be responsible for all your behaviors in using the Software and services and ensure that any content published on the Software is legal, compliant, and conforms to public order and good customs.
We are committed to making the Software a civilized, rational, friendly, and high-quality information exchange and sharing platform. While promoting the development of exchange services, we continuously strengthen the corresponding information security management capabilities, improve comment self-discipline, earnestly fulfill social responsibilities, comply with national laws and regulations, respect citizens' legitimate rights and interests, and respect social public order and good customs. You guarantee that the comments, publications, and dissemination of content should consciously abide by the requirements of laws and regulations, socialist system, national interests, citizens' legitimate rights and interests, social public order, moral customs, and information authenticity. You guarantee not to use the Software to upload, publish, or tag any information or content containing any of the following:

Opposing the basic principles determined by the Constitution;
Endangering national security, leaking state secrets, subverting state power, and undermining national unity;
Damaging national honor and interests;
Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
Undermining national religious policies, promoting cults and feudal superstitions;
Spreading rumors, disturbing social order, and undermining social stability;
Spreading obscenity, pornography, gambling, violence, murder, terror, or instigating crimes;
Insulting or slandering others, infringing on any third party's intellectual property rights, or privacy rights;
Inciting illegal assemblies, associations, marches, demonstrations, or gatherings to disturb social order;
Engaging in activities in the name of illegal civil organizations;
Containing false, harmful, coercive, infringing on others' privacy, harassing, infringing, defamatory, vulgar, obscene, or other morally objectionable content;
Containing other content restricted or prohibited by Chinese laws, regulations, rules, ordinances, and social good moral norms.

You declare and warrant that you will not use the Software to intentionally create or spread computer viruses and other destructive programs, and will not interfere with or disrupt the Software and the system servers or networks connected to the Software, or violate any requirements, procedures, policies, or rules of the networks connected to the Software.
You declare and warrant that you will not use any technical defects or loopholes that may exist in the Software to profit yourself or third parties in various forms or cause us and third parties to suffer losses.
All our products and service logos, including the Software, are owned by us and are protected by copyright, trademark rights, patent rights, and other laws and regulations. You declare and warrant that without our written permission, you will not use the above content (including but not limited to our trade names, trademarks, logos or any variants, abbreviations, rewrites, and/or URL addresses, technical interfaces, etc.).
You declare and warrant that without our written permission, you shall not reverse engineer, decompile, or disassemble the Software, shall not destroy its integrity (including program code, data, etc.), and shall not make any modifications.
You declare and warrant that you will not delete, hide, or change any intellectual property and other ownership statements displayed in or contained in the Software, will not interfere with or attempt to interfere with the normal operation of the Software in any way, or create, publish, or disseminate tools, methods, etc., that may cause the aforementioned consequences.

V. Notices and Counter Notices

The content in the Software is uploaded by users themselves. If you believe that the above content or information infringes your legitimate rights and interests, you can submit a written rights notice to us and provide corresponding identity proof, ownership proof, and detailed infringement situation proof. After receiving the above documents, we will conduct a preliminary formal review. If the materials you submit do not meet the requirements, or if you do not reply or fail to supplement materials that meet the requirements within 2 working days after we request modifications or supplements, we may choose not to handle it; if the materials you submit meet the requirements, we will handle the alleged infringing content. We remind you that if your statement of infringement is untrue, you will bear all legal responsibilities arising therefrom alone, and we will not assume any legal responsibility for the handling actions taken in accordance with the notice.
For the content we have handled for the aforementioned reasons, the content provider can legally send us a counter notice regarding the content that has been processed without infringing your legitimate rights and interests and provide corresponding identity proof and ownership proof. After receiving the counter notice, we can restore the deleted or disconnected content and are not legally liable for such restoration actions.

VI. Personal Information Protection

Protecting users' personal information is one of our basic principles. In the process of using the Service, we may collect some of your personal information. Without your consent, we will not disclose your personal information to any company, organization, or individual outside of us and our affiliated companies, except as otherwise provided by laws and regulations.
We will use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use, or disclosure. However, we cannot guarantee that existing security technical measures can ensure that your personal information is not infringed in any form.
We attach great importance to the protection of minors' personal information. If you are a minor under 18 years old, you should obtain the consent of your parents or legal guardians before using our services and use the Software under the guidance of your parents or legal guardians.
Other privacy protection-related terms can be found in the "Ifun Privacy Policy". If the provisions of this agreement are inconsistent with the terms of the "Ifun Privacy Policy", this agreement shall prevail. The relevant terms of the "Ifun Privacy Policy" not stipulated in this agreement shall be executed in accordance with the "Ifun Privacy Policy".

VII. Precautions

You understand and agree that to provide you with effective services, the Software will utilize the processor and bandwidth resources of your mobile communication terminal. During the use of the Software, data traffic fees may be generated. You need to consult with the operator for relevant tariff information and bear the relevant fees yourself.
You understand and agree that we will make commercially reasonable efforts to ensure the data storage security in the Software and services, but we cannot provide complete guarantees, including but not limited to the following situations:

We are not responsible for the deletion or storage failure of your related data in the Software and services;
We have the right to decide on the maximum storage period of data for a single user in the Software and services and allocate the maximum storage space on the server according to actual conditions. You can back up relevant data in the Software and services according to your own needs;
If you stop using the Software and services or the services are terminated or canceled, we can permanently delete your data from the server. After the service is stopped, terminated, or canceled, we have no obligation to return any data to you.

You fully understand and agree that you should judge the content of the Software services yourself and bear the following risks beyond our control, including but not limited to:

Risks such as loss or leakage of user personal information caused by force majeure;
Any problems or damages caused by the mismatch between the software version selected by the user and the mobile phone model;
Risks that may result from accessing third-party products while using the Software due to third-party products and related content;
Risks and responsibilities that may arise from content published by users being forwarded and shared by others;
Risks such as incomplete data synchronization and slow page opening speed caused by unstable wireless network signals and small wireless network bandwidth.

VIII. Risks and Disclaimer

You fully understand and agree that the Software, like most client software, may be affected by various factors (including but not limited to user reasons, network service quality, social environment, etc.); it may also be affected by various security issues (including but not limited to others illegally using user data for real-world harassment; other software installed or other websites visited by users may contain viruses, Trojan horse programs, or other malicious programs, threatening the security of your mobile terminal device and data, thereby affecting the normal use of the Software, etc.). Therefore, you should strengthen information security and personal information protection awareness and pay attention to password protection to avoid losses.
Maintaining software security and normal use is the joint responsibility of you and us. We will take necessary technical measures reasonably and prudently according to industry standards to protect the information and data security of your mobile terminal devices, but you acknowledge and agree that we cannot provide any guarantees in this regard.
We promise to handle system failures or instabilities during the Software's operation promptly. However, we are not responsible for any economic and spiritual losses you may incur as a result. In addition, we reserve the right to suspend or close all or part of the Software for maintenance, upgrades, or other purposes without prior notice.
Due to technical development limitations, we cannot guarantee the accuracy of the Software's functions. You fully understand and agree that if any errors occur during the transcription translation service of the Software, you will not hold us accountable and will not negatively evaluate us and the Software as a result.
You fully understand and agree that we reserve the right to change, limit, suspend, or terminate all or part of the Software at any time without any notice due to business development needs, without assuming any responsibility.
You fully understand and agree that if your personal information is leaked or stolen due to force majeure or reasons not attributable to us, and you suffer losses as a result, you waive the right to hold us accountable.
You fully understand and agree that any disputes arising from the third-party software or technology used in the Software shall be resolved by the third party, and we do not assume any responsibility. We do not provide customer support for third-party software or technology; if you need support, please contact the third party.
You fully understand and agree that if the earphones are damaged due to non-quality issues within the warranty period or after the warranty period, you cannot continue to enjoy the call transcription service equipped with them, and the service cannot be transferred to other devices.

IX. Breach of Contract

You understand and agree that we have the right to impose penalties on violations of relevant laws, regulations, or the provisions of this agreement at our reasonable judgment, take appropriate legal actions against any user who violates laws and regulations (including but not limited to suspending or terminating the provision of services, deleting accounts, etc.), and, in accordance with laws and regulations, save relevant information and report to relevant departments. The user shall bear all legal responsibilities arising therefrom.
You must ensure that you strictly abide by national relevant laws and regulations and the provisions of this agreement or related service terms during the use of the Software, and do not infringe any third party's legitimate rights and interests. If you violate the above agreement and cause or generate any claims, demands, or losses from third parties, you shall independently bear the responsibility; if we receive third-party complaints (including but not limited to third parties accusing us of infringement by letter, media reports, etc., suing us, reporting us to administrative or judicial law enforcement agencies, causing us to be reviewed or questioned, etc.), or cause us to face reviews or inquiries from administrative or judicial law enforcement agencies, we have the right to suspend the provision of services to you. After receiving the notice, you should negotiate, respond, or accept relevant agency reviews or inquiries in your own name and bear all legal responsibilities (including but not limited to litigation fees, attorney fees, compensation) and compensate us for all losses caused as a result.

X. Notices and Delivery

If you have any opinions or suggestions during the use of the Software, you can raise them through the feedback channel, and we will promptly respond to you. You should ensure that your contact information is unobstructed to receive emails, phone calls, or messages sent by us. We are not responsible for any losses caused by your failure to receive the notice.
Notices sent to you by us will be in the form of SMS (mobile phone number when registering our account) or website page announcements. Such notices are deemed to have been delivered on the day of sending/announcement.

XI. Other Terms

If any part of the terms of this agreement conflicts with the laws of the People's Republic of China, that part of the terms should be reinterpreted in accordance with the law, and the invalidity or reinterpretation of some terms does not affect the legal effect of other terms.
You and we are independent entities. In any case, this agreement does not constitute an agency, partnership, joint venture, or employment relationship between the two parties.
You declare and agree that we may designate a third party as the beneficiary of this agreement and have the right to directly perform and enjoy the rights under this agreement.
The validity and interpretation of the terms of this agreement are applicable to the laws of the People's Republic of China. You and we agree that any disputes or controversies arising from this agreement shall first be resolved through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the People's Court of Nanshan District, Shenzhen City for adjudication.

Please read carefully and confirm that you have fully understood the content of this agreement. If you have any questions, please feel free to contact us.