Baixyn Terms of Service
Last updated: June 29, 2026
This Contract is a valid agreement entered into between Shanghai Baixyn Intelligent Technology Co., Ltd. (hereinafter referred to as "Baixyn") and the User with respect to the registration, subscription and use of Baixyn software services. By clicking, checking to confirm/accept, or otherwise choosing to accept these Terms of Service through Baixyn’s official website, the User indicates that it has reached an agreement with Baixyn and agrees to accept all of these Terms of Service.
Through friendly negotiation between the parties, Baixyn provides the Baixyn software services to the User, the User pays the service fee under an offline/online contract, and the User undertakes to use such services strictly within the User’s company and in accordance with these Terms of Service and applicable laws and regulations. Both parties have carefully read and fully understood each provision, in particular the provisions that limit or exempt liability, as well as any separate agreements and rules for activating or using a particular service.
These Terms of Service consist of the Notice and the main body, each of which has equal legal effect and forms an inseparable whole with the offline/online contract entered into with the User.
1. Definitions
1. User: the person (legal entity) that registers, subscribes to and uses the Baixyn software services.
2. Primary Account: the account authorized and created by Baixyn when the User first purchases and activates the software services, which enjoys the highest administrative authority.
3. Sub-account: a subordinate account configured by the Primary Account administrator and created and allocated for its employees, departments or specific projects according to business needs.
4. Credits: a virtual unit of measurement set by Baixyn to measure the computing resources consumed by customers when using the core AI functions of the software. The total number of computing credits the customer enjoys during the contract term is subject to the service package purchased. The consumption rate of credits depends on factors such as the frequency and number of consumption tasks. The validity period of credits is subject to the display on the usage page.
2. Services
1. Baixyn provides the Baixyn software services to the User to deliver personalized AI foreign-trade services.
2. Baixyn shall clearly and accurately introduce the composition, functions and methods of use of the software products to the User through online or offline means and shall guide the User in using them, and shall operate and maintain the Baixyn software system in accordance with these Terms of Service.
3. Account Management
1. The Primary Account is the core account through which the User manages all of its user accounts, allocates resources, configures system parameters and exercises all rights, and is also the carrier of the User’s AI foundation model and information data. Therefore, the delivery of the Primary Account is equivalent to the delivery of the enterprise AI foundation model, i.e., the enterprise brain. The Primary Account has full control and management authority over Sub-accounts and may create, authorize, modify, disable, delete and supervise Sub-accounts. Data is not shared among Sub-accounts, and operations such as modifying marketing resources or allocating customer ownership that only the Primary Account is entitled to perform are not available to Sub-accounts. The term of use of a Sub-account is the same as that of the Primary Account.
2. Baixyn shall provide the relevant accounts and initial passwords required for the services to the User by SMS, instant messaging tools (such as QQ, WeChat, etc.), email or other means. The User enjoys actual control and lawful use of such accounts, and shall immediately change the initial password upon receipt and properly keep the software account and its password.
3. If the User forgets the login password of the Primary Account, it may reset the password by verifying the reserved mobile phone number; if the User forgets a Sub-account password, it may reset it through the Primary Account in the backend.
4. To open an account, the User shall provide relevant information to Baixyn, including the enterprise name, the name of the legal representative, contact information, and other data and information required to generate the activation link. The User shall ensure that the information provided to Baixyn is accurate, true, valid and lawful. The User understands that Baixyn collects such information to confirm the User’s identity and software subscription status, which is a precondition for Baixyn to provide the corresponding software services.
5. The user of the Primary Account shall be responsible for the following: (i) ensuring that its Sub-account users comply with the terms of this service contract; (ii) bearing responsibility for any breach of this service contract by its Sub-account users and the consequences thereof; and (iii) ensuring that all information accumulated in the account meets relevant legal requirements and does not contain any content that violates legal provisions, public order and good morals, or core socialist values.
6. The User shall be responsible for the accuracy of the information provided when registering the account. If such information is inaccurate, untrue, or otherwise affects Baixyn’s provision of services to the User, the User shall bear the corresponding consequences. If Baixyn discovers that the User has committed illegal acts such as fraudulently using or misappropriating a third party’s Baixyn account, Baixyn has the right to temporarily or permanently restrict the User’s access to the Baixyn software services.
7. After successfully registering an account, the User may use the Baixyn software services and enjoy the corresponding software services. The User is responsible for ensuring the security of its own account and password. If the User gifts, lends, leases, transfers, sells or otherwise disposes of or authorizes the Baixyn account to any third party without Baixyn’s prior written consent, any losses caused by the resulting disclosure of account and password information shall be borne by the User. If the User’s account is misappropriated or similar circumstances occur, please contact Baixyn’s customer service immediately.
4. Usage Requirements
1. The User shall use the Baixyn software services in accordance with the software usage guidelines, user manuals and other operating specifications provided by Baixyn. The consequences of the User logging in through a system not designated by Baixyn, or otherwise logging in or using the Baixyn software services outside Baixyn’s operating specifications/guidelines, shall be borne by the User alone.
2. All activities the User engages in when using the Baixyn software services or through the Baixyn software services shall be legitimate and lawful and shall not infringe upon the lawful rights and interests of others. The User shall be responsible for the consequences arising from the activities it engages in using the Baixyn software services. If the User’s conduct through the use of the Baixyn software services causes losses to Baixyn or any third party, the User shall bear full responsibility and compensate for the losses caused thereby.
3. The User guarantees that the content or information it accumulates, records, uploads, submits or publishes in the Baixyn software services does not contain any content that violates applicable national laws and regulations, and does not contain content that endangers national security, is pornographic or violent, insulting or defamatory, infringes upon the intellectual property or other lawful rights of others, or violates public order and good morals, or links redirecting to such content; otherwise, Baixyn has the right to delete such content and the corresponding links at any time and to suspend or partially suspend, or terminate or partially terminate the User’s right to use the products, without refunding the fees the User has paid. If this causes losses to Baixyn and/or its affiliates, the User shall be responsible for compensation.
4. For the avoidance of doubt, without Baixyn’s prior written consent, the User shall not directly or indirectly engage in, or permit or authorize any third party to engage in, any of the following acts; otherwise Baixyn has the right to require the User to immediately correct them and, depending on the circumstances, to temporarily or permanently restrict the User’s access to the Baixyn software services, in each case without refunding the fees the User has paid, and the User shall be responsible for compensating any losses caused to Baixyn:
- (i) copying, reproducing, publishing, sublicensing, selling or distributing the Baixyn software services, or using the Baixyn software services for other commercial purposes;
- (ii) selling, reselling, leasing, lending or otherwise providing the Baixyn software services to other third parties, including using them for the benefit of third parties on a centralized or time-sharing basis;
- (iii) modifying, adapting or translating the products and/or services related to the Baixyn software services, or creating derivative works of such products and/or services;
- (iv) using the Baixyn software services to create competing products and/or services, or copying any feature, function or image of the Baixyn software services;
- (v) deleting, modifying, obscuring or otherwise replacing in any way the Baixyn-related trade names, trademarks, service marks, domain names or other obvious marks of its partners that may be contained in the provision of the services;
- (vi) obtaining or attempting to obtain the source code of the Baixyn software services by decompilation, reverse engineering, disassembly or other means;
- (vii) transmitting, displaying, selling, mirroring, uploading or downloading the content within the Baixyn software services through any device, except for the User’s own business information;
- (viii) crawling or otherwise illegally collecting, storing, using, transferring, selling or processing data in the Baixyn software services through technical means (including automatic recording using own or third-party tools);
- (ix) conducting vulnerability tests, load tests or other tests on the Baixyn software services;
- (x) interfering with or disrupting the integrity or normal operation of the Baixyn software services;
- (xi) any illegal intrusion into, interference with, disruption of or restriction of the normal operation of the services;
- (xii) using or targeting the software and related services for fraudulent, deceptive, misleading or cheating activities;
- (xiii) inputting or inducing the services to generate or disseminate content that violates laws and regulations, is politically related, or infringes upon the lawful rights of others;
- (xiv) using the services to engage in activities prohibited by laws and administrative regulations that endanger national security and public interests, disrupt economic and social order, or infringe upon the lawful rights of others;
- (xv) other circumstances of using the Baixyn software services in violation of laws and regulations, beyond scope, or in violation of relevant operating specifications.
5. The User shall not circumvent the usage restrictions or resource metering system set by Baixyn through any technical means or abnormal methods, including but not limited to maliciously registering multiple accounts, exploiting technical vulnerabilities to steal computing power, reverse engineering or cracking the software.
6. The User shall not engage in any behavior that damages, interferes with or weakens the security or stability of the software system, or attempt to intrude into or attack Baixyn’s servers and network.
7. Without Baixyn’s written consent, the User shall not provide the Primary Account or Sub-accounts to any third party for use in any form, including leasing, lending or transferring.
8. The User shall not engage in any other acts beyond the scope of normal and reasonable use, or in violation of the contract or the express provisions of these Terms of Service.
5. Software Usage Instructions
1. The User acknowledges and understands that, due to the limitations and evolution of the technical environment, Baixyn cannot guarantee that the Baixyn software is free of defects, but Baixyn undertakes to continuously improve the software’s functions and performance. The User agrees that even if a defect exists in the Baixyn software services, if such defect is unavoidable given the industry’s technical level at the time, it shall not be deemed a breach by Baixyn, and the User will work with Baixyn to resolve such defect; for service defects caused by technical issues not inherent to the industry, Baixyn will promptly investigate and repair them in accordance with these Terms of Service. Baixyn has the right to update and upgrade the Baixyn software services from time to time according to actual circumstances to improve functionality and stability without separate notice to the User.
2. The User acknowledges and understands that the use of the Baixyn software services involves the Internet and may be affected by unstable factors at various stages. Although Baixyn has taken corresponding security measures, the Baixyn software services may still be suspended, interrupted, delayed, restricted or unavailable, or may result in the loss and/or leakage of the User’s original/analytical data, due to inherent defects of the Internet and electronic communications and events beyond Baixyn’s prediction and/or reasonable control (including terminal viruses, hacker attacks, Trojan horse programs or other malicious program attacks, network failures, etc.). The User agrees to bear the above risks and further confirms that Baixyn shall not be liable when such risk events affect the normal use of the Baixyn software services or cause the loss or leakage of the User’s data, provided that Baixyn undertakes to use its best commercial efforts to restore the normal use of the Baixyn software services after such risk events occur.
3. The Baixyn software services may embed third-party logistics, payment and other services, and whether to use such third-party services is at the User’s own discretion. The User acknowledges and agrees that such third parties are service providers independent of Baixyn, and Baixyn makes no warranty or guarantee regarding such third-party services and does not guarantee the accuracy, completeness or reliability of any information, data, opinions, pictures, statements or suggestions provided by such third parties. The third-party services embedded in the Baixyn software services are only for the User’s convenience and do not indicate Baixyn’s recommendation of such third parties, nor are they intended for promotion or advertising purposes.
4. The recommendation functions in the Baixyn software services are provided only for the User’s business information and reference, and do not directly make business decisions for the User. Baixyn makes no guarantee as to the accuracy, completeness or reliability of such recommendation services, the User shall make decisions based on its own independent judgment, and Baixyn shall not be liable for the consequences or losses caused by the User’s erroneous decisions.
5. Baixyn does not participate in the actual transactions between the User and its buyers, nor can it control or guarantee the quality, safety or legality of the goods advertised by the User, the ability to sell goods or services, the ability of buyers to pay for goods, or the truthfulness or accuracy of the User’s statements about the goods listed on its independent site, and it does not guarantee the intention to reach a transaction between the User and buyers or the result of the transaction.
6. Users who use the website-building marketing services understand and agree to the following rights and statements of Baixyn:
Domain Names
a. The domain name used by the independent site is registered, purchased, resolved and renewed by the User itself, and the User bears full responsibility for the validity, right of use and related fees of the domain name.
b. If the User entrusts Baixyn to assist in purchasing or resolving the domain name, Baixyn only provides technical assistance and does not bear responsibility for the ownership of the domain name, renewal management or any disputes.
c. Baixyn shall not be liable for abnormal website access caused by the User’s failure to renew an expired domain name, resolution errors, or reasons attributable to third-party service providers.
Independent Site Function Description
a. The independent site provided by Baixyn is a brand-display website, mainly used for displaying corporate image, products or services. The independent site does not have the following functions and services:
(1) storage of user privacy data or confidential information;
(2) high-security-level functions or business system functions involving politics or confidentiality.
(3) The User shall not upload, publish or store any confidential information, personal privacy, customer information, financial information or other sensitive data through the independent site.
Any information leakage, data loss, attack or infringement dispute caused by the User’s violation of the above shall be borne entirely by the User, and Baixyn shall not bear any compensation or indemnification obligation.
b. These services include a series of featured services and functions, but not all services or functions are available to all users at all times, and Baixyn is under no obligation to provide any service or function in any jurisdiction. Except as prohibited by these Terms of Service or applicable law, Baixyn reserves the right to modify the services or any part thereof at any time for any reason without separate notice.
c. Baixyn reserves the right to require documents to determine or confirm account ownership in response to disputes involving account ownership. Such documents may include, but are not limited to, a scanned copy of the User’s business license, a government-issued photo ID, or a confirmation letter proving the identity of the actual user of the User’s Baixyn account.
d. If Baixyn receives inquiries, complaints or reports from third parties regarding content published, accumulated or delivered by the User through Baixyn, Baixyn has the right, based on notice from administrative or judicial authorities or its own reasonable judgment, to require the User to cooperate in providing materials to prove the legality of the User’s publishing, accumulation or delivery conduct or content; before the User provides such materials, Baixyn has the right, based on its own reasonable judgment, to delete the corresponding content.
Operations and Technical Support
a. During the validity period of the software services, Baixyn provides free basic operations and maintenance services to the User.
b. If the software services are not renewed or the contract expires, Baixyn will no longer bear any operations or technical support obligations. The User shall manage the website itself.
c. Baixyn shall not be liable for abnormalities, downtime or data loss caused by the User’s own modification of website code, connection of third-party plug-ins or upload of non-standard content.
Security Risks and Disclaimer
a. The independent site is a public display platform on the Internet and is subject to cybersecurity risks such as hacking, intrusion, tampering and virus infection.
b. Baixyn shall not be liable for the following:
(1) service interruption, data loss or tampering caused by hacking, malicious intrusion or virus infection;
(2) losses caused by improper management of the User’s account or password;
(3) website abnormalities caused by failures of third-party cloud services or infrastructure;
(4) restrictions on or closure of website access caused by government regulation or force majeure.
Users are advised to regularly back up important materials themselves to prevent information loss.
Limitation of Liability
a. Baixyn makes no express or implied warranty as to the continuity, stability or security of the independent site services.
b. Baixyn shall not be liable for losses caused by the User’s failure to comply with this disclaimer or by third-party factors.
c. In no event shall Baixyn’s total compensation for providing the independent site services exceed the total fees actually paid by the User for such services.
6. Baixyn Software Product Protection
1. Baixyn owns all rights and interests in the Baixyn software (including applications, source code, logos, interface designs, application programming interfaces, and any development and upgrades thereof) and the Baixyn software services, including ownership and intellectual property rights. If Baixyn learns of any act or event by the User that infringes or may infringe upon Baixyn, or a third party claims that the User’s use of the Baixyn software services infringes upon such third party’s intellectual property, Baixyn has the right to require the User to handle the infringement act or event itself or assist Baixyn in handling it; the User shall be responsible for compensating losses caused to Baixyn as a result.
2. All intellectual property and ownership of all materials provided by the User to Baixyn under this Contract (including but not limited to images, text, audio and video, design drafts, trademarks, logos, fonts and other related materials) belong to the User or its lawful rights holders, and the conclusion and performance of this Contract shall not be deemed any assignment or license of such intellectual property.
3. Without Baixyn’s prior written consent, the User shall not itself, or entrust or authorize others to, use: the enterprise name, trade name, trademark or LOGO of Baixyn and/or its affiliates, or any trade name, trademark, domain name or other mark identical or similar to the trade name, trademark or domain name of Baixyn or its affiliates; shall not infringe upon the lawful rights and interests of Baixyn and/or its affiliates; and shall not use them for any product or service in any manner likely to cause confusion (including as part of a trademark and/or as part of a domain name or email address). If the User breaches this provision, Baixyn has the right to terminate the contract and stop the services, and the User shall compensate Baixyn and its affiliates for all losses arising therefrom.
4. The User acknowledges and agrees that Baixyn may, according to actual business needs, use the User’s enterprise name, trade name, trademark and/or LOGO on Baixyn’s official website and in other advertising and promotion, solely for the purpose of listing and publicizing users of the Baixyn software services or users in strategic cooperation with Baixyn.
5. Users who subscribe to the website-building services shall understand and agree to the following intellectual property requirements:
(i) It is prohibited to purchase or register trademarks, email accounts, social accounts, domain names, website addresses or bidding keywords that contain BAIXYN, baixyn.com, Baixyn-related names, or wording likely to cause confusion;
(ii) With respect to materials (including feedback and suggestions) provided by the User to Baixyn through the website-building marketing software services, or materials published, uploaded, input or submitted by the User (collectively, "Submitted Materials"), Baixyn does not own or claim any intellectual property rights. However, by publishing, uploading, inputting or providing the Submitted Materials, the User grants Baixyn and necessary sublicensees a license to use the Submitted Materials in Internet business operations, including but not limited to: copying, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating and reformatting the Submitted Materials; and publishing the User’s name in connection with the Submitted Materials. The User grants Baixyn a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers of sublicensees) right to exercise the copyright, publicity and database rights the User holds in the Submitted Materials.
(iii) The Submitted Materials provided by the User to Baixyn may be forwarded by third-party service agencies or third-party service personnel cooperating with Baixyn. The User agrees to hold Baixyn harmless from any disputes related to such use.
(iv) By publishing, uploading, inputting, providing or submitting materials, the User warrants and represents that it owns or otherwise controls all rights to the Submitted Materials described in this section, including but not limited to all rights necessary to provide, publish, upload, input or submit the Submitted Materials.
7. Data Use, Processing and Protection
1. Data created, stored, uploaded or otherwise processed by the User in the Baixyn software products it subscribes to during its use of the Baixyn software services constitutes the User’s business data (hereinafter referred to as "Business Data") and belongs to the User. The User has the right to copy, modify and delete such Business Data at its own discretion, but the User acknowledges and understands that modification, deletion and similar operations may cause data changes or make data unrecoverable, so please operate with caution.
2. With respect to data stored by the User in the Baixyn software, Baixyn will not arbitrarily use, transmit or disclose it externally, unless authorized by the User, required to perform the User’s service requirements, used to develop, improve and enhance product services to provide the User with better software product services, or required by laws and regulations.
3. The User understands and agrees that the User is the data processor of the data or information stored or accumulated in the Baixyn software services, which is entered or generated by the User’s relevant staff; prior to subscription, the User has fully understood, known and accepted the functions of the Baixyn software services and agrees to the way the software functions process the information accumulated therein; where the User makes corresponding settings in the software, the Baixyn software services will process the data or information according to the User’s settings.
4. The User accepts the functions of the Baixyn software services and subscribes to the Baixyn software services. Baixyn processes, based on the User’s entrustment, the information accumulated by the enterprise user in the Baixyn software services, and the term of such entrusted processing is consistent with the term of the User’s use of the Baixyn software services. With respect to the data collected and used within a specific scope during the services and the data the User requires or agrees to be processed, the User is the processor and actual controller of such data, and Baixyn only provides corresponding data processing services based on the User’s request or authorization.
5. The User confirms that, where the data processing activities entrusted by the User to Baixyn involve the personal information of end users, it has informed and obtained the authorization and consent of the end users in accordance with law, including fully informing them of the purpose, method and types of processing of the relevant personal information and the entrustment of processing to Baixyn.
6. The User confirms that the data submitted or generated during the use of the Baixyn software services does not contain any third party’s personal information and/or illegal information; or, although it contains a third party’s personal information, the User has obtained the consent of the relevant individuals or has other lawful basis for the end users and the data processing activities entrusted to Baixyn.
7. The User agrees that, where the regulatory authorities of the place where the User is located or where it uses the Baixyn software services impose requirements and/or conditions on data storage or transmission (such as advance filing), the User shall be responsible for satisfying such requirements or conditions itself; any government penalties or other risks or liabilities arising from the User’s failure to satisfy the requirements or conditions shall be borne by the User.
8. The User authorizes and agrees that Baixyn and its affiliates have the right to collect, store, process, analyze and use the information and data related to the use or operation of the software on Baixyn’s official website or self-service purchase platform during the User’s signing of the contract and use of the Baixyn software services, including information about the User’s use of the Baixyn software services, the User’s operations and the use of the software services, unless otherwise agreed by the parties. Unless otherwise agreed by the parties, the foregoing authorization by the User is free of charge, valid for a long term and irrevocable.
9. Baixyn is responsible for establishing a reasonable security system for the Baixyn software services within its network system, endeavoring to maintain the secure operation of the Baixyn software services and to ensure that the data stored by the User in the Baixyn software services is as complete as possible. However, for the sake of the User’s data security, Baixyn also recommends that the User back up its data in a timely manner.
10. Six (6) months after the expiration of the software license term, Baixyn has the right to irretrievably delete the User’s Business Data on the servers, including all cached or backed-up copies, and will no longer retain any of the User’s Business Data.
11. The User’s use of Baixyn’s functional services involves Business Data and other personal data accumulated, saved and recorded in the User’s Baixyn account. Baixyn transfers the data involved in the User’s use to AI service providers in batches according to the User’s needs. Baixyn acts only as an entrusted data processing service provider and shall not be liable for improper data storage or processing or any negligence of the AI service providers.
8. User Rights and Obligations
1. The User has the right, in accordance with the service version, term and scope agreed in the contract and these Terms of Service, and in accordance with the service standards, operating specifications and system permission configurations published by Baixyn, to lawfully and compliantly use the Baixyn software services provided by Baixyn (including the functional modules, API interfaces, system update and iteration services and basic operations and maintenance services of the corresponding version), and to enjoy the standard technical support, problem response and after-sales service guarantee promised by Baixyn. The User’s access rights are subject to Baixyn’s backend configuration, and functions or services beyond the agreed scope may be used only after separate written confirmation by both parties.
2. During the use of the services, if the User encounters problems such as system failures, program errors, service interruptions, functional abnormalities or data processing failures that are not caused by the User’s human operational errors or by the User’s equipment or network environment, the User has the right to submit feedback to Baixyn through the official service channels designated by Baixyn (including but not limited to a dedicated contact email, customer service ticket system, service hotline, or dedicated account manager contact).
Baixyn shall respond to and handle the problems reported by the User in accordance with the services agreed in the contract:
For failures affecting the User’s core business operations (such as overall system paralysis, complete unavailability of key functions, or large-scale data abnormalities), Baixyn undertakes to respond and initiate emergency handling procedures within 2 hours, and to restore the Baixyn software to a usable state within 24 hours. For complex problems that do not affect use, the User shall raise them with after-sales personnel, and Baixyn’s after-sales team will organize a ticket and report it, providing a reply or solution within two business days;
For non-core problems such as general functional abnormalities and operational questions, Baixyn shall, during business hours 9:00-18:00 on business days, reply or provide a solution within two hours of the customer raising the problem. The User has the right to track the progress of problem handling and to require Baixyn to provide interim handling feedback within the agreed time limits.
The User has the right to track the progress of problem handling and to require Baixyn to provide interim handling feedback within the agreed time limits.
3. The User has the right to propose reasonable suggestions or improvement opinions to Baixyn regarding software function optimization, user experience improvement and business scenario adaptation. At the same time, the User may submit a written demand application to Baixyn for value-added service needs beyond the scope of services agreed in the contract (including but not limited to customized function development, in-depth data modeling and analysis, dedicated interface development, business scenario adaptation and transformation, exclusive function customization, and special technical training).
After receiving the User’s demand, Baixyn shall complete a demand assessment within a reasonable number of business days and provide the User with a formal solution document including demand feasibility analysis, implementation plan, implementation period, service quotation and service standards. After the parties reach agreement on the content of the plan, they shall sign a written supplementary agreement specifying the rights and obligations of both parties, fee standards, delivery milestones and acceptance standards, to be performed as an integral part of the contract. Without written confirmation by both parties, Baixyn is under no obligation to provide the User with any value-added services beyond the scope agreed in the contract.
4. The User has the right to learn about the update and iteration plans, system maintenance arrangements, service rule adjustments and other information of Baixyn’s services; with respect to service content, fee standards or service terms unilaterally adjusted by Baixyn, the User has the right to raise objections. If the adjustments have a material impact on the User’s use, the User has the right to require Baixyn to provide explanations.
5. The User shall designate 1-2 fixed dedicated contacts responsible for daily communication, problem feedback, material provision and service acceptance with Baixyn, and shall provide Baixyn with the contacts’ names, positions, contact information and authorization documents.
When Baixyn provides the User with technical support, problem investigation or fault handling services, the User’s contacts shall cooperate throughout and promptly and completely provide Baixyn with necessary information and materials, including but not limited to: problem scenario description, detailed operation steps, system error screenshots, operation logs, business data samples, system environment information and relevant configuration parameters. If the User fails to provide necessary information in a timely manner, provides false information or fails to cooperate properly, resulting in delayed problem handling, inability to locate faults or handling failure, the User shall bear the corresponding consequences, and Baixyn shall not bear any liability for breach.
6. The User shall, in strict accordance with the payment method, payment amount, payment milestones and payment account information agreed in the contract, pay the software service fees (including the basic service fee and the value-added service fees confirmed by both parties) to Baixyn in full and on time.
If the User fails to pay any installment on time, it shall pay Baixyn liquidated damages at 0.2% of the overdue amount for each day of delay; if the delay exceeds the agreed number of days, Baixyn has the right to suspend the provision of services to the User, and any business interruption, data abnormality or other losses caused thereby shall be borne by the User; if the delay exceeds the agreed number of days, Baixyn has the right to unilaterally terminate the contract and require the User to pay all outstanding fees and liquidated damages, while reserving the right to pursue the User’s liability for breach.
7. The User undertakes that its use of the Baixyn software services complies with the requirements of the current laws, regulations, rules, policies and industry norms of the People’s Republic of China, and shall not use the services to engage in any illegal or non-compliant activities or activities infringing upon the lawful rights of third parties, including but not limited to:
sending spam, harassing messages or fraudulent messages, or engaging in telecommunications and network fraud, pyramid schemes and other illegal activities;
infringing upon the intellectual property, trade secrets, privacy, reputation and other lawful rights of others, or storing or disseminating illegal, infringing, obscene, violent, terrorist or other harmful information;
accessing or using third-party data or systems without authorization, or using the services to carry out crawling, attacks, cracking, decompilation, reverse engineering or other acts that damage system security;
copying, modifying, adapting, leasing, selling, distributing the services or using them for other commercial purposes without Baixyn’s written permission;
violating Internet-related regulatory requirements by illegally collecting, storing or processing personal information or sensitive data.
If the User breaches this obligation, Baixyn has the right to immediately suspend or terminate the provision of services to the User, and any losses caused to the User shall be borne by the User; if the User’s conduct causes Baixyn to suffer regulatory penalties, third-party claims or reputational damage, the User shall fully compensate Baixyn for all losses suffered (including but not limited to fines, compensation, litigation costs, attorney fees, notarization fees and travel expenses).
8. The User shall properly keep its account, password, keys and related authentication information in Baixyn’s system, and shall bear full legal responsibility for all operations performed through the User’s account (including but not limited to data upload, modification, deletion, configuration changes and permission allocation).
The User shall establish an internal account management system, reasonably allocate account permissions and change account passwords regularly to avoid account information leakage; if an account is misappropriated, leaked or abnormally used, the User shall immediately notify Baixyn and cooperate with Baixyn in taking security measures such as freezing the account and changing the password; Baixyn is only responsible for cooperating in technical handling after receiving the User’s notice and shall not bear any losses caused by the User’s poor account custody.
At the same time, the User shall, in accordance with Baixyn’s security recommendations, regularly back up its own business data locally or with a third party, and Baixyn shall not be liable for data loss or damage caused by the User’s failure to back up data.
9. The User shall strictly comply with the relevant institutional documents published by Baixyn and use the services reasonably and compliantly, and shall not commit any act that may affect the stability or security of Baixyn’s system or the normal use by other users, including but not limited to:
using the services beyond the agreed limits such as the number of users, data capacity and interface call frequency;
maliciously occupying system resources, sending large numbers of invalid requests, or conducting stress tests or attacks on the system;
using the services to provide hosting, outsourcing, agency operation or other services to third parties without Baixyn’s written permission;
interfering with or damaging Baixyn’s system security or data security, or circumventing Baixyn’s security control measures.
If the User breaches this obligation, Baixyn has the right, depending on the severity, to take measures including warning, rate limiting, suspension of some functions, suspension of services and termination of the contract, and any losses caused to the User shall be borne by the User; if losses are caused to Baixyn, the User shall compensate in full.
10. The User warrants that all data it uploads, stores or processes through the services (including but not limited to Business Data, user information and transaction data) is lawfully owned by the User or for which it has obtained lawful authorization, and complies with the requirements of the Cybersecurity Law of the People’s Republic of China, the Data Security Law of the People’s Republic of China, the Personal Information Protection Law of the People’s Republic of China and other relevant laws and regulations.
If the User’s data contains third-party personal information, the User has fulfilled its notification obligations in accordance with law and obtained the explicit consent of the relevant subjects, and has a lawful basis for data processing; if third-party claims or regulatory penalties arise from the illegal source of the User’s data or non-compliant data processing conduct, the User shall bear full responsibility and Baixyn shall not be involved; if losses are caused to Baixyn as a result, the User shall fully compensate Baixyn for such losses.
The User shall cooperate with Baixyn in completing data compliance inspections, filings or audits required by regulators, and provide necessary supporting documents in a timely manner.
9. Authorization and Notices
1. The User confirms that the contact it provides is its authorized representative in the course of the Baixyn software services, and the authorized representative has the right to sign, propose and confirm, on behalf of the User, all documents related to the contract, including those concerning the relevant services and modification opinions; the User has expressly acknowledged the legal effect of documents signed by its authorized representative when signing the contract.
2. The telephone number, address, email address, instant messaging account and other contact details registered by the User with Baixyn or stated in the contract may be used as the means of communication for Baixyn to deliver all notices and documents.
3. Any notice, request, demand and other communication required by the contract or made under this agreement shall be in writing and sent to the addresses stated by the parties in the contract.
4. If the foregoing notices or other communications are sent in the form of electronic data such as email, they shall be deemed delivered upon sending; if delivered in person, they shall be deemed delivered upon handover; if sent by express mail, they shall be deemed delivered 48 hours after posting (excluding statutory holidays); if sent by telegram, they shall be deemed delivered 24 hours after sending (excluding statutory holidays); if sent by post, they shall be deemed delivered 48 hours after posting (excluding statutory holidays).
5. If the communication address or contact method of a party changes, such party shall notify the other party in writing within 10 days from the change. If either party violates the foregoing, unless otherwise provided by law, the party whose details changed shall bear responsibility for the impact and losses caused thereby.
10. Term, Adjustment and Termination of Services
1. The User subscribes to the Baixyn software services for a specified term (such as annually), and the term of the software services shall also be based on the specified term unless otherwise agreed by the parties. The term of software use and software services shall be as agreed in the sales contract. If the User renews or re-subscribes to the Baixyn software services, the renewed services shall commence on the day following the expiration of the previous service term.
2. If the User wishes to continue using the Baixyn software services after the expiration of the software usage term, it is recommended to contact the sales staff for renewal or place an online order within five (5) business days before such expiration, so that the Baixyn software services can continue uninterrupted. If Baixyn adjusts the name, price or services of the Baixyn software services at the time of renewal or re-subscription, the renewal or re-subscription shall be made in accordance with the fee standards then in effect.
3. Baixyn may adjust the price (fee standard) of some or all services at any time. If the User has already purchased the corresponding services, Baixyn will notify the User 15 days in advance through website announcements, email or other reasonable means. If the User does not agree to the price adjustment, it has the right to apply in writing to cancel the purchase and stop using the corresponding services before the price adjustment takes effect; if the User does not apply in writing to cancel the purchase, it shall be deemed to accept the price adjustment and pay according to the adjusted price.
11. Confidentiality
1. "Confidential Information" means any information related to the Baixyn software service products, services, data, business, finance, operations, customers, suppliers and employees, the content of the contract, and the business information lawfully obtained by one party (the "Receiving Party") from the other party (the "Disclosing Party") during the conclusion and performance of the contract that has not been disclosed by the Disclosing Party through public channels. Confidential Information does not include: (i) information already lawfully obtained or possessed by the Receiving Party before disclosure by the Disclosing Party; (ii) information already known to the public before disclosure by the Disclosing Party; (iii) information lawfully obtained by the Receiving Party from a third party entitled to disclose it, where such third party’s disclosure does not violate any confidentiality obligation. For the avoidance of doubt, subject to this section, the raw data in the Baixyn software services is Baixyn’s Confidential Information.
2. The Receiving Party shall properly manage all Confidential Information of the Disclosing Party to prevent disclosure and shall protect the Disclosing Party’s Confidential Information with at least the same degree of care as it protects its own Confidential Information. Without the other party’s prior written consent, the Receiving Party shall not use or disclose the other party’s Confidential Information, except in the following circumstances: (i) disclosure by a party as required by law or by a competent authority within the scope so required; (ii) disclosure by a party to its employees, directors, consultants, etc. within a reasonable and necessary scope to perform this agreement, in which case such party shall ensure that the recipients perform confidentiality obligations no less stringent than those agreed in the contract and these Terms of Service, and shall be responsible to the other party for such persons’ performance of confidentiality obligations.
3. This section shall not terminate or become invalid upon the end of the services.
12. Liability for Breach
1. If the User violates relevant laws and regulations, infringes upon the rights and interests of Baixyn and/or its affiliates or third parties, or otherwise breaches the contract and these Terms of Service, causing losses to Baixyn or causing Baixyn to assume compensation liability toward a third party, the User shall pay Baixyn corresponding compensation for breach, and the User shall compensate Baixyn for the losses suffered as a result (if any), including: (i) reasonable attorney fees paid by Baixyn and necessary expenses incurred to eliminate the impact; (ii) Baixyn’s loss of goodwill and loss of reasonably expected profits (such as loss of purchasing users), the specific amount of which may be calculated based on estimates obtained through independent reasonable third-party analysis, Baixyn’s reasonable big-data analysis and other reasonable methods of calculating profits and losses; and (iii) other losses suffered by Baixyn as a result.
2. If Baixyn violates relevant laws and regulations, infringes upon the User’s lawful rights and interests, or fails to provide services to the User as agreed in this contract and the service terms, causing the User to suffer direct losses, Baixyn shall compensate the User for the direct economic losses arising therefrom, specifically including the reasonable expenses actually incurred by the User due to Baixyn’s breach (such as necessary attorney fees and litigation costs), but excluding any indirect losses, loss of expected profits or punitive damages, and Baixyn shall not be liable for losses caused by force majeure or the User’s own reasons.
3. If, due to the User’s violation of relevant laws and regulations or the provisions of the contract, these Terms of Service or related rules, Baixyn and/or its affiliates suffer any losses, are subject to claims by other users or any third party, or are penalized by any administrative authority, the User shall fully compensate Baixyn and/or its affiliates, other users or the relevant third parties for actual losses, including reasonable attorney fees and investigation costs.
4. The User shall bear responsibility for the information and materials, the activities of using the products and services and any legal disputes arising therefrom, and Baixyn shall not bear any responsibility in this regard except as expressly provided by law.
5. If a dispute or controversy arises between the User and other users or buyers, the User agrees to release Baixyn (and its employees, subcontractors and all affiliates) from claims, demands and damages (directly or indirectly arising) caused by such disputes or controversies, whether such claims, demands and damages are known or unknown, confirmed or unconfirmed, disclosed or undisclosed.
6. If Baixyn fails to perform or fully perform the contract due to reasons beyond its reasonable control, including force majeure, government acts, terminal viruses, hacker attacks or other malicious program attacks, and power or telecommunications interruptions, Baixyn shall not bear relevant legal liability to the User.
7. Under no circumstances shall Baixyn be liable for any indirect, punitive, incidental or special damages, including loss of profits suffered by the User in using the Baixyn software services. Whenever Baixyn is required by law to assume compensation liability for any reason, the maximum amount of compensation shall be the amount of the corresponding service fee paid by the User.
13. Governing Law and Dispute Resolution
1. The conclusion, performance and interpretation of the contract and the resolution of disputes shall be governed by the laws of the mainland region of the People’s Republic of China, excluding conflict of laws.
2. If any dispute arises between the parties regarding the content of the contract or its performance, they shall negotiate in good faith; if negotiation fails, either party has the right to submit the dispute or controversy to the Xuhui District People’s Court of Shanghai for resolution through litigation.
14. Effectiveness, Updates and Termination of the Contract
1. These Terms of Service take effect on the date the User clicks, checks to confirm/accept, or otherwise chooses to accept them through Baixyn’s official website. Where Baixyn provides software services to the User within the software service term, the contract and these Terms of Service shall apply, regardless of whether the User renews or re-subscribes.
2. Baixyn will update these Terms of Service in light of changing laws, technology or business developments and will publish the updated version on its official website, and such publication is also an effective means of notice. The new Terms of Service take effect immediately upon publication. The User may view these Terms of Service and the updated Terms of Service and update date via the following link: https://www.baixyn.com (note: the link may be adjusted according to Baixyn’s actual official website). The User understands and agrees that, when re-subscribing to the Baixyn software services, it will promptly view and learn about the updates to these Terms of Service through the foregoing link, and Baixyn will use the updated Terms of Service as the basis for providing services to the User.
3. If, within the software license term, the User commits fraud or Baixyn has justifiable reason to suspect the User of fraud, or the User enters dissolution or bankruptcy liquidation proceedings, or the judicial or administrative authorities issue warnings, fines or other related measures against it for violating applicable laws, Baixyn has the right to unilaterally notify the User to immediately terminate the contract without bearing any responsibility, and Baixyn is not required to refund the service fees already paid by the User; the User shall still be responsible for compensating losses caused to Baixyn as a result.
4. Baixyn has the right, in accordance with the latest policies, laws, regulations or regulatory requirements, to restrict the User’s conduct in using the software products and services, and such restrictions may render the User’s Baixyn account unusable. In such case, Baixyn may reclaim the Baixyn accounts under the User’s name (including the Primary Account and Sub-accounts) and terminate the contract with the User, and Baixyn shall not bear any responsibility for this.
5. Baixyn has the right to unilaterally terminate or early terminate the contract without bearing any responsibility upon thirty (30) days’ prior written notice to the User.
6. The termination of this service contract shall not affect any rights and obligations arising prior to the termination date.
15. Miscellaneous
The User understands and agrees to comply with the terms of service, user agreement, notices and any provisions that Baixyn may update or publish from time to time through the service system. Baixyn has the right, based on the needs of the service system, adjustments to laws and policies and other reasons, to formulate and modify the terms of service, user agreement, product content upgrades and other provisions from time to time and to notify the User by announcement in the system backend, and such content shall have legal effect on the User from the time of announcement (unless otherwise provided in the announcement).