Terms of Service

Last update 2020-12-10
The following content is automatically translated by the machine. It is only for non-Chinese users' reference. In the event of any inconsistency between the English and the Chinese versions, the Chinese version shall prevail.

These terms of service are a valid contract between Hefeng Internet Technology (Beijing) Co., Ltd. (or “Qweather”, “we”) and you (or “user”) regarding the services and products provided by Qweather.

You can choose to accept these terms of service by stamping, clicking on the web page to confirm, registering as our user, or otherwise choosing to accept these terms of service, including but not limited to, that you have actually used Qweather’s services or products without clicking to confirm the terms of service. Has reached an agreement with Qweather and agreed to accept all the agreed content of the terms of service and its related terms.

We will mark the terms that require your special attention in bold and underlined.

The English version of these terms of service is also provided, which is only for reference to non-Chinese users. If there is any conflict between the Chinese and English versions of the terms of service, the Chinese version shall prevail.

Definition
1.1 “Qweather”: refers to Hefeng Internet Technology (Beijing) Co., Ltd., a legal entity legally established and validly existing within the territory of the People’s Republic of China.

1.2 “Affiliated company” and “Affiliated”: refers to any company, legal organization, and the legal heirs of the aforementioned company or legal organization that a party controls, is controlled or under common control with. Control refers to (1) directly or indirectly holding more than half of the voting rights; or (2) directly or indirectly enjoying more than half of the distributable profits; or (3) directly or indirectly controlling the composition of more than half of the board of directors; or (4) Directly or indirectly hold half of the registered capital. The Qweather mentioned in these terms of service all include the affiliated companies of Qweather.

1.3 “Users” and “you”: refer to individuals, business entities, organizations, government departments, etc. who directly or indirectly use Qweather’s products or services in various ways.

1.4 “Products” and “Services”: refer to the products and services developed and/or operated by Qweather and its affiliates, including but not limited to: Qweather website (URL www.qweather.com), Qweather development platform (URL dev.qweather .com), Qweather APP (URL www.qweather.com/app/), Qweather Widget (URL widget.qweather.com), Weather Map (URL map.qweather.com), city search service (URL where.qweather.com) ) and all products and services of Qweather or Qweather affiliated company.

2 User’s Rights and Obligations
2.1 You have the right to use or not to use our services at any time.

2.2 You are obligated to keep your account information and security.

2.3 You agree to abide by these terms of service and the relevant management practices and procedures of our other services or products.

2.4 You agree to pay the corresponding service fees (if any) in accordance with Qweather’s page prompts and the terms of service.

3 Qweather’s rights and obligations
3.1 The services provided by Qweather do not violate Chinese laws, regulations and public order and good customs.

3.2 Qweather has the right to change, upgrade, add new product content or modify product pricing, and can choose to notify users in advance or not.

3.4 Push our or third-party advertising content in Qweather’s services or products.

3.5 According to the account information you provided to us, we will send you promotional marketing messages related to Qweather products or services, but you can refuse the promotional marketing messages by stopping the subscription at any time.

4 Intellectual Property
All products and/or services provided by Qweather and its affiliates are owned, controlled or authorized by Qweather, or licensed to Qweather, and are subject to software copyright, appearance, copyright, patent and trademark laws, as well as various other intellectual property rights and anti-discrimination. Protection of fair competition law.

5 Restrictions on Use
5.1 You cannot use Qweather’s products or services for any behavior that violates Chinese laws and regulations or public order and good customs, including but not limited to: software, websites, applications, advertisements, activities, commodities, products, services, hardware, etc.

5.2 You may not use any means to interfere with the services we provide, including but not limited to: use any method to attack our network and servers, including software and hardware; connect and access Qweather by cracking passwords, implanting viruses or any other illegal means Products; use any automated program or equipment to connect to Qweather’s products or bring unreasonably high loads to Qweather’s products; use any equipment, software, or programs to interfere with or attempt to interfere with Qweather’s products or interfere with any other user’s use of Qweather’s products.

5.3 Except for the express permission of Qweather, you may not modify, translate, adapt, rent, sublicense, spread or transfer the software provided by Qweather on the information network, nor may you reverse engineer, decompile or try to discover the products or products provided by Qweather in other ways. The source code of the service.

5.4 You must not use any automatic equipment, programs, algorithms, or other methods similar to web crawlers to access, obtain, or copy Qweather products, or obtain any materials, documents, information, or information that are not intentionally provided in Qweather products in any way. Code.

5.5 You must not provide Qweather with false personal information, including but not limited to using false identity information, forging headers or otherwise artificially manipulating identifiers, virtual/temporary email addresses, virtual/temporary mobile phone numbers, etc.

5.6 You must not abuse Qweather’s products, including but not limited to: embedding/implanting/associating Qweather’s products or any component of the product or any basic capabilities necessary to support the operation of the product to unauthorized websites in any way , Services, software or hardware; access beyond a reasonable range; reselling or transferring the rights and interests of Qweather products to third parties without Qweather’s permission.

5.7 You must not use the products provided by Qweather to engage in acts that damage the legitimate rights and interests of Qweather and its affiliates, customers and employees.

5.8 Except for the express permission of Qweather, you must not use the name or brand of Qweather or Qweather affiliated companies that is suspected of misleading others, or use any Chinese or English (full name or abbreviation), number, domain name, etc. to express or map with Qweather or its Related companies have some kind of association.

5.9 You must not engage in other behaviors that violate Qweather’s terms of service.

6 Account Management
6.1 You can create an account through Qweather’s product. You are obligated to keep the account information and password of the account properly; for any actions or actions that occur in your account due to your failure to ensure the security of your account information You will take full responsibility for the event.

6.2 You should not use any other person’s Qweather account without permission. Qweather cannot and will not assume any responsibility for any loss or damage to you or others caused by your use of another person’s Qweather account.

6.3 If you violate any of these terms of service or other relevant regulations, agreements, statements, terms, Qweather has the right to take corresponding measures without notifying you in advance, including but not limited to freezing and deleting your Qweather Account, immediate termination of service or deletion of corresponding information, etc., the fees you have paid are not refundable. If the loss caused exceeds the fees you paid, Qweather has the right to recover the loss from you.

6.4 In the event of the aforementioned account freezing, deletion or termination of the service, you should pay attention to it in a timely manner and you can follow the procedures to appeal and other follow-up operations. At the same time, you should fully understand and agree: you need to provide identification and other information in accordance with our requirements At the same time, your appeal is not necessarily allowed. Qweather has the right to decide whether to agree to your appeal request.

6.5 Qweather has the right to delete accounts that have not been used for a long time, and users cannot appeal after deletion. The definition of unused for a long time means that the account has never logged in for 12 consecutive months or has never used any product of Qweather in the name of the account. For the deletion of such accounts, Qweather has the right to choose whether to execute or not to execute or when to execute it. Qweather also has the right to choose whether to notify or not notify such accounts in advance.

6.5 You can apply to delete your account in Qweather products at any time. Once you delete your account, you will not be able to use the services associated with your account, so please exercise caution. In order to protect the legitimate rights and interests of you or others, we need to verify your identity before deleting your account and determine whether to support your deletion application based on your use of Qweather products. For example, if you have purchased Qweather services in your account, or your account is in arrears, we will not immediately support your request. Except as otherwise provided by laws and regulations, after deleting the account, we will stop providing you with the corresponding products and services, and delete your personal information according to your requirements. When you are authorized to log in to Qweather products through a third-party account, you need to apply to the third party to delete your account. After deleting the account, you also agree to:

(1) The operation of deleting an account is irreversible

(2) All information in your account will be permanently deleted and cannot be recovered

(3) All Qweather products available in your account will be immediately unavailable and cannot be restored

(4) After the deletion is completed, the original mobile phone number or email address can be re-registered, but the information in the original account cannot be restored even after registering with the original registration information.

7 Export Control
We and you are committed to complying with the export control laws and regulations of the United Nations, China, the United States and other countries applicable to this agreement. You promise not to use the products or services provided by Qweather for purposes prohibited by applicable export control laws and regulations. Without the permission of the relevant competent authority, you and other individuals or entities authorized by you to use Qweather products or services will not provide controlled technology, software or services to entities or individuals prohibited by applicable export control laws and regulations through Qweather products or services.

8 Privacy
Qweather attaches great importance to the protection of your information. For the complete privacy policy, please refer to Qweather Privacy Policy

9 Disclaimer
9.1 Qweather will work hard to ensure the stability, accuracy, completeness and timeliness of our products, but does not promise that our products will be error-free or uninterrupted, nor that the products will meet your specific needs or expectations, nor can we promise any The error will be corrected.

9.2 Qweather cannot guarantee that our products will not be invaded by various security issues, such as maliciously implanted computer viruses in the product. You should strengthen your awareness of information security protection, such as any loss to you or a third party caused by this , You are solely responsible for it, and Qweather is not responsible for it.

9.3 Your use of Qweather products represents your personal behavior, and does not represent any views or positions of Qweather on such behavior, nor does it represent any express or implied, guarantee or endorsement by Qweather to you.

9.4 You should voluntarily choose whether to use or how to use Qweather’s products. In addition to the explicit provisions of laws and regulations that require Qweather to take responsibility, any risks and damages you may cause to you or a third party caused by your use of Qweather’s products are your own Accept, Qweather is not responsible for this.

9.5 The third-party hyperlinks appearing in Qweather products are only used to facilitate search or indexing. We do not guarantee their availability, legality, or harmlessness, nor do they mean Qweather’s views and positions on third parties. Any loss caused by a third-party hyperlink to you or a third party is your responsibility, and Qweather is not responsible for this.

9.6 The geographic information involved in Qweather products will be displayed in accordance with the laws and regulations of the United Nations and China, but it does not mean that Qweather will express any views or positions on the legal status of any country, region or territory or its authority or the delineation of its boundaries.

9.7 Qweather reserves the right to take the following actions at any time without notice: (1) any changes to the product, (2) changes to any terms, (3) upgrade, maintain the product or stop your access to the product or stop the product Operations.

9.8 Except as clearly provided by laws and regulations, this disclaimer is still valid even if Qweather knows that any loss may be caused.

10 Limitation of Liability
10.1 To the extent permitted by applicable laws, Qweather shall not be liable for any indirect, punitive, special, or derivative losses related to or caused by these terms of service.

10.2 Under any circumstances, Qweather cannot be held responsible for any losses caused by your use of Qweather products to third parties.

10.3 Under any circumstances, if Qweather is required to bear financial responsibility or financial compensation to you or a third party in accordance with laws and regulations, the financial responsibility or financial compensation amount will not exceed the greater of the following amounts: (1) You are in The total amount of fees paid to us within 12 months before the date of application for compensation, or (2) RMB 100.

11 Other Terms
When using the products provided by Qweather, you may also need to accept the terms and conditions of the corresponding products. All such terms are cited here as part of these terms of use. You agree to abide by the associated terms and statements listed here, even if you may not have used the corresponding products or services.

If there is a conflict between these terms of service and the associated terms quoted here, when you use the corresponding product, the corresponding terms of service shall prevail.

Developers Terms of Service
Widget Terms of Service
Privacy Policy
Disclaimer
12 Breach and Indemnity
12.1 You agree that if Qweather believes that you have violated these terms of service or other Qweather agreements or guidelines, you may decide to terminate or block your access to or use of Qweather products without prior notice due to inaccessibility or Qweather shall not be liable for any loss caused to you or a third party by using Qweather products.

12.2 You agree that if any loss or damage to Qweather is caused by your violation of these Terms of Service or other Qweather agreements or guidelines, Qweather has the right to take any legal action against you, and in addition to any other relief that Qweather enjoys, Qweather also Will have the right to recover the relevant money from you, and you agree to pay all reasonable attorney’s fees and litigation costs.

12.2 You agree that if any loss or damage to Qweather is caused by your violation of these Terms of Service or other Qweather agreements or guidelines, the loss or damage cannot be compensated by monetary compensation alone. In this case, Qweather may apply for Deemed necessary or appropriate injunctions or equivalent remedies.

12.4 You shall bear the third party losses caused by your use of Qweather’s services, violation of these terms of service or any actions taken under your account. If this causes Qweather and its affiliates, employees, customers and partners to be claimed by a third party, you shall be responsible for handling and compensation for all losses and liabilities suffered by Qweather and its affiliates.

13 Change, Termination and Validity of Terms of Service
13.1 Qweather reserves the right to modify, add or delete part of the terms of service at its sole discretion. You can view the latest version of these terms of service at www.qweather.com/en/terms/tos at any time. If you do not agree to the changes made by Qweather to the relevant terms of these Terms of Service, you have the right to stop using Qweather’s products. Under such circumstances, these Terms of Service shall be terminated. If you choose to accept the changes when these Terms of Service are changed, or continue to use Qweather’s products after the effective date of the changes to these Terms of Service, you will be deemed to have accepted Qweather’s amendments to the relevant terms of these Terms of Service.

13.2 Both Qweather and you can terminate these Terms of Service without any reason, and without special notice to the other party. If you request to terminate these terms of service, you only need to completely stop using Qweather’s products. If you continue to use Qweather’s products, it means that you still agree and abide by all the provisions of these terms of service. If Qweather requests the termination of these terms of service, Qweather shall not be liable to you or any third party due to the termination of these terms of service, except that Qweather is required to be liable for the provisions of laws and regulations.

13.3 Regardless of the reason, after the termination of these terms of service, the terms of Intellectual Property, Privacy Policy, Breach and Indemnity, Disclaimer, Limitation of Liability, Applicable Law and Dispute Resolution remain valid.

13.4 If any clause of these Terms of Service is ruled as invalid or unenforceable by the court or other courts with jurisdiction, the relevant clauses shall be restricted or excluded within the minimum necessary scope, and the effective clauses that best reflect the wishes of the Terms of Use shall be used. Replace it to ensure that the terms of service are still fully effective and effective.

13.5 If there is a conflict between the text of the agreement signed by both parties and the text of these terms of service, if there is a conflict between you and Qweather in an agreement signed with Qweather, the text stamped by both parties shall prevail. The non-conflict or uncovered areas shall These terms of service are still valid.

14 Transfer of Rights and Interests
14.1 Unless through Qweather’s written documents, you may not transfer any licenses, rights, rights or obligations granted to you by Qweather under these Terms of Service to a third party.

14.2 Qweather reserves the right to transfer the rights and obligations under these Terms of Service to any of our affiliates or any third parties without prior notice to you.

15 Applicable Law and Dispute Resolution
15.1 Any disputes arising from or related to these Terms of Service shall be governed by the laws of the People’s Republic of China (excluding Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan) and shall be interpreted in accordance with them, without considering any conflict of laws.

15.2 In the event of any dispute related to your use of Qweather products, the interpretation or performance of these terms of service, both parties shall first resolve the dispute through friendly negotiation. If the dispute cannot be resolved in a manner acceptable to both parties within 90 days, both parties agree to submit the dispute to the people’s court where Qweather is domiciled for ruling.

16 Other
16.1 Qweather products will not be available in all languages ​​or in all countries. Unless otherwise agreed, Qweather does not promise that this service is applicable or available in other regions outside of China or in any specific location. Those who use this service from other regions do so voluntarily and are fully responsible for compliance with any applicable local laws.

16.2 The English version of these terms of service is also provided for reference only to non-Chinese users. The agreement between Qweather and you is determined by the Chinese version of these terms of service. If there is any conflict between the Chinese and English versions of the terms of service, the Chinese version shall prevail.

If you do not understand or suggest any of these terms of service, please send an email to support@qweather.com