The User Agreement and Privacy Terms of ColorfulClouds Tech Co. Ltd

In order to use the ColorfulClouds Open Platform (hereinafter referred to as 'Open Platform'), the ColorfulClouds Weather API and Services (hereinafter referred to as 'Weather Services') and LingoCloud Translation API and Services (hereinafter referred to as 'Translation Services'), you (hereinafter referred to as 'the users') should read and comply with the relevant rules and regulations of the user agreement and privacy terms of Beijing ColorfulClouds Tech Co. Ltd (hereinafter referred to as 'this agreement).

Section 1. Scope of the Agreement:

• This agreement is between you and Beijing ColorfulClouds Tech Co., Ltd. (hereinafter referred to as 'the company', or 'us') on the agreement of this service.

Section 2. Entry into Force of the Agreement:

• Effective upon user confirmation: you should read this agreement carefully and return to the Open Platform registration page to check 'I have read and agree to the terms of use' before continuing the registration process. If you click 'I have read and agree to the terms of use , it means that you confirms the content of this agreement, and it will take effect immediately, and is legally binding to you and us
• For use by users: users can enjoy the Weather Services provided by the Open Platform as well as Translation Services by invoking the API. By using the service, the user has agreed to accept all the terms of this agreement. If the user does not accept all the terms of this agreement, please do not use the Open Platform and the Weather Services and Translation Services provided by the open platform.

Section 3. The Rights and Obligations to use the Open Platform:

• You should provide true, complete and accurate developer information, including but not limited to email addresses, contact names, phone numbers, application links to API data, application description, etc. , when you apply to use the Open Platform. To ensure that the company can contact you through the above information, and accordingly review whether to provide the Weather Services or the Translation Services requested by users. If you are enterprise, you should provide the business license and other business information.
• You should update the developer's information as soon as it is actually changed. You will be held fully responsible for any problems caused by providing false information.
• Once you successfully have a developer account, the company will review the application based on the developer information submitted by you. If approved, a Weather Services token or Translation Services token will be assigned to you. Only with the token can you use the corresponding service. At the same time, you are responsible for your actions in using the API, and you will be responsible for any damage caused to yourself, the company, or any third party as a result of your negligence.
• Since the services offered by the Open Platform consist of computer hardware and software, all errors and problems can not be completely avoided. The company is not responsible for the problems caused by the software and hardware errors caused by non-subjective factors, but will try to avoid such situations, and to provide you with the necessary advice, support and services in case of such problems.
• The data provided by the Open Platform is limited to use within your product, and users are not allowed to cache and re-publish and re-provide APIs on their own servers. Nor shall it be licensed or disclosed to a third party in any way without the written permission of the company.
• You can not change, decompile, reverse engineer, or disassemble the Weather Services and the Translation Services provided by the Open Platform.
• You have an obligation to comply with all network protocols, regulations and procedures relating to network services.
• You must not use the network service system for any illegal purpose, and must not use any means to carry out any kind of network attack on this service system.
• You must not use the Open Platform to engage in any activity that may adversely affect the normal operation of the internet or mobile networks.
• If you find any illegal use of the Open Platform, security vulnerabilities, you should immediately notify us.
• The company has the right to suspend the service and inform the users in a timely manner when the company's network system is attacked or violated due to user system problems or improper design.
• In order to ensure the security and availability of the Open Platform, the company will update and maintain the system as necessary and may not be able to provide services to users during the maintenance period. However, we promise to notify you at least 48 hours in advance of any maintenance that may render the service unavailable, and the maintenance time will not exceed 12 hours.

Section 4. The Rights and Obligations to use the Weather Services:

• Shall not infringe upon the patent, copyright, trademark, right of reputation or any other lawful rights and interests of the company or any other third party.
• Shall not use the Weather Services in any manner prejudicial to the company.
• Shall not disclose your latitude and longitude data in any way to a third party, and promise that no third party will see the latitude and longitude coordinates you are seeking, or bear all the consequences associated with it.
• Calls (henceforth referred to as requests): Making a request to the weather service with a token and get the data successfully.
• To active free users, pay-per-view users with remaining calls, and unexpired monthly users, the company will guarantee a minimum of 1,000 requests per day. If the balance of the user account is insufficient, the system will make up the remaining calls for the user for free, if the user's account balance is sufficient (more than 1,000 requests) , the system will not make up.
• For pricing details, please refer to the Data Type & Price. you can purchase the package through alipay in the Open Platform to increase the number of requests to this service, or to extend expiration date of monthly account.
• This service is automatically suspended when the number of remaining requests to the user account is zero. Until the account is replenished or the system automatically replenishes.
• When the number of requests to the Weather Service exceeds the daily throttle, the system will automatically suspend the service until the next day to recalculate the number of requests. You may also contact us to discuss the daily throttle of the customized service.
• The company's system will replenish all of the account of paying users, which the balance of requests are less than 1,000 to 1,000 requests every day in the early morning
• The users can apply to the development center to become a free user. Free users can use this service unlimited times. Free users should ensure that the service is used by non-profit organizations, non-profit communities, non-profit research, and non-profit applications, and provide relevant supporting documents
• After you have successfully applied for your own Weather Services, please submit an application download link and screenshot to us within three months. Upon request from the National Weather Service and the National Early Warning Center of China, the company shall not be responsible for the joint and several liability arising from the use of the Weather Service products marked with the ColorfulClouds LOGO or the words 'data comes from Caiyun Weather', or 'data comes from ColorfulClouds' if the data source is not noted in accordance with this requirement. At the same time we will stop your API call permissions.
• The users is obliged to introduce the Weather Service provided by the company in the promotion activities.

Section 5. The Rights and Obligations to use the Translation Services:

• Shall not infringe upon the patent, copyright, trademark, right of reputation or any other lawful rights and interests of the company and any other third party.
• Shall not to use the Translation Services in any way to the detriment of the company.
• The Translation Services shall not be used to translate prohibited content, and the company shall not be held responsible for the authenticity, correctness and legality of the content.
• The Translation Service generates the translation results from artificial intelligence operations based on the users' input, and does not represent the content or position of the company in favour of the users' input and the translation results. The company does not guarantee in any form the authenticity, correctness and legality of the users' input and translation results. The company shall not be responsible or liable for any infringement, dispute or loss arising from the use of the service.
• The company respects and protects the personal privacy rights of all users of the Translation Service, but the content you enter when using the Translation Service will not be considered as your personal data.
• The number of translatable characters: The number of original characters (including spaces and punctuation, subject to the definition in the Translation API Document if it is defined) which sent to the translation service with a token and get a return data successfully.
• For pricing details, please refer to the Translation API Document, which you can purchase through alipay on the Open Platform to increase the number of remaining translatable characters in the Translation Service.
• The system will automatically suspend the service when the number of remaining translatable characters in the user account is less than or equal to zero. Until the account is replenished or the system automatically replenishes.
• the monthly free quota is 1,000,000 words
• After you have successfully applied for your own Translation Services token, please submit the application download link and screenshot to us within 3 months. Please mark the application with the ColorfulClouds LOGO or the words 'data comes from LingoCloud', or 'data comes from ColorfulClouds', otherwise, we will stop your API call permissions.
• The users are obliged to introduce the 'Translation Service' provided by the company during the promotional activities.

Section 6. User Privacy Protection and Disclosure

• The company will take all necessary measures to ensure the security of the users'personal information.
• For the purpose of serving the users, the company may provide services to the users through the use of the users' data, including but not limited to the dissemination of product and service information to the users.
• The company does not disclose your data without the permission of you. However, the website assumes no responsibility for the partial or full disclosure of your data if:
  • Disclosure to third parties with the consent of you.
  • Disclosure to a third party or an administrative or judicial body in accordance with the relevant provisions of the law or at the request of an administrative or judicial body.
  • The users should disclose to third parties if they are in violation of Law of the People's Republic of China regulations.
  • User data must be shared with third parties in order to provide the software or services requested by you.
  • Disclosure of personal information of you due to the disclosure of information such as registered accounts and passwords by you to others.
  • The users' personal information has been compromised as a result of hacking, computer virus attacks and other force majeure incidents.
  • Other disclosure of personal information not attributable to the company.

Section 7. Liability for Breach of Contract and Force Majeure

• Both you and the company shall properly exercise their rights and fulfill their obligations to ensure the smooth implementation of this agreement. If either party fails to fully and promptly perform its obligations, it shall be liable for breach of contract; if losses are caused to the other party, it shall compensate the other party for the losses thus incurred.
• Unless otherwise agreed in this agreement, after either party has committed a breach by the other party and has failed to make a correction of the breach within three days, after the party in breach has received a written notification from the Party in compliance that the breach has occurred and exists, the complying party may unilaterally terminate this agreement.
• Neither Party shall bear legal responsibility for the non-functioning of the Open Platform during the implementation of the agreement due to force majeure factors such as war, earthquake, fire, policy, power or telecommunication system breakdown. Neither Party shall be liable to the other for any breach of this agreement by reason of the above force majeure. A party suffering from a force majeure event may suspend performance of its obligations hereunder until the effects of the Force Majeure Event are eliminated. However, every effort shall be made to overcome the event and mitigate its negative effects. At that time, the two parties shall consult on the implementation of this agreement.
• Users must comply with the relevant laws and regulations of the People's Republic of China, such as the Cyber Security Law, when using the company's services. Moreover, users should agree that they will not use the service for any illegal or improper activities Including but not limited to the following acts:
  • 1. Not to use the network service system for any illegal purpose.
  • 2. Not to make use of the services of the company in the following activities:
    • Entering computer information networks or using computer information network resources without permission.
    • Deletion, modification or addition of computer information network functions without permission.
    • Deleting, modifying or adding data and applications stored, processed or transmitted into a computer information network without permission.
    • Intentionally creating or disseminating destructive procedures such as computer virus.
    • Other acts endangering the security of computer information networks.

Section 8. Agreement Modification

• The users are aware that, due to the special nature of the network service, we will change any content of this agreement from time to time in accordance with the laws and regulations, and we will advise the users to modify the content by appropriate means.
• If you do not agree with the changes made by the company to the relevant provisions of this agreement, you have the right to discontinue the use of the Open Platform and the Weather Service and Translation Services provided by it. If you continues to use the service, the users shall be deemed to have accepted the amendment made by the company to the relevant terms and conditions of this agreement.

Section 9. Applicable Law and Dispute Settlement

• This agreement shall be governed by the Law of the People's Republic of China.
• In the event of a dispute arising out of the performance of this agreement, the parties shall consult as far as possible, and if no agreement can be reached, either party may refer the dispute to the Haidian District People's Court of Beijing for litigation.

Section 10. Supplementary Provisions

• The terms of this agreement are partially invalid or unenforceable for whatever reason, the remaining terms remain valid and binding upon both parties.
• If you have any questions about the content of this agreement, please send them to our email address: api@caiyunapp.com
• To the extent permitted by law, the final interpretation of this agreement shall be the sole property of the company.