This Agreement is entered into by and between you (the “Service User”, which includes a natural person, legal entity or other organization) and Digital Vantage Media Ltd. (the “Platform”, domain name: v-pulse.com, www.v-pulse.com , app.v-pulse.com) in relation to the use of the services of V-Pulse (the “Platform”).
Please read this entire Agreement carefully before “accepting” it.
By clicking “Accept” or actually using the Platform Services, you will be deemed to have accepted and signed this Agreement, which is effective immediately and binding on both parties. The contents of this Agreement include the body of the Agreement and all the rules for the use of services that V-Pulse has issued or may issue in the future, V-Pulse has the right to unilaterally modify the contents of this Agreement, publish it in V-Pulse and notify you in an appropriate manner. If you continue to use V-Pulse services, you are deemed to accept and agree to abide by the modified content. If you do not accept the modified content, you should immediately stop using the service.
1. Services
2. Account Application and Management
You need to confirm that when registering on the Platform or actually using the services on the Platform, you shall be a natural person, legal person or other organization with full civil rights capacity and full civil capacity . When it comes to the use of the services of the Platform by a person without civil capacity or a person with restricted civil capacity, it is necessary to obtain the consent of his/her guardian before registering on the Platform and obtaining the services provided by the Platform. Administrators at all levels under the platform organization have the function of generating accounts and user management, and administrators at all levels shall be responsible for the users and accounts under their management.
You understand and agree that in the process of providing application, opening and use of services, V-Pulse may introduce real-name authentication (including face recognition and other technical services) and other supporting third-party security services, and based on its own and third-party services to provide the results, the right to suspend or terminate part or all of the services.
You should follow the principle of honesty and credit, and in the process of registration and real-name authentication, you should provide the latest, real, valid and complete information according to the requirements of this platform. If there is any change, you should update it in time. If the information you provide is inaccurate and incomplete, V-Pulse has the right to request you to supplement it, and if you fail to cooperate in time, V-Pulse has the right to suspend or terminate the provision of part or all of the services to you, and V-Pulse will not be responsible for any losses incurred in this regard.
All notices from V-Pulse to you under this Agreement may be given by means of webpage announcements, site messages, public notices, customer reserved e-mail, cell phone text messages or regular mail delivery, and such notices shall be deemed to have been delivered on the date of delivery. In order to facilitate you to receive the relevant notices, you should ensure that the reserved contact information is correct and valid, and log in V-Pulse to modify it in a timely manner after the change. If you are unable to receive the notices in a timely manner due to your failure to provide the correct contact information or to inform the new contact information in a timely manner, you shall bear the losses and legal consequences arising from such failure.
The ownership of your account belongs to V-Pulse and the right to use it belongs to you. If you need to change the account registration information (including but not limited to changing the business license, ID card information, binding WeChat public number, etc.), you should submit a written commitment letter to V-Pulse to meet the requirements and submit the relevant information, V-Pulse review and approval before the change. You guarantee that any legal risks caused by false, invalid and inaccurate commitment letter and submitted information and all losses caused to V-Pulse shall be borne by you.
After the registration of the organization (individual), the platform grants the right to manage the organization, and the administrator of the organization can manage and take responsibility for the users in the organization.V-Pulse will confirm your identity based on the account number and password, and you need to keep your account number and password properly, and take full responsibility for the behavior implemented through your account. Actions performed through the account by those who have obtained the right to use the account due to your authorization, acquiescence or negligence are considered as your actions.
Your authenticated real identity information is the basis for judgment on account attribution and responsibility, etc. In case of disputes over the account, V-Pulse has the right to determine that the account belongs to the subject of authentication of real identity information, and the subject will bear the corresponding legal responsibility. V-Pulse has the right to temporarily freeze the account in case of disputes over the ownership of the account. You must be careful when authenticating, pay enough attention and ensure that the subject of authentication and the subject of the account to maintain consistency, to avoid any improper authentication behavior such as authenticating the account used by the enterprise in the name of an individual, or authenticating the account used by the person in the name of another person.
If you find that your account has been illegally used by others, you should immediately notify the platform administrator and provide the necessary information (e.g., customer information, situation description, supporting materials and claims, etc., so that V-Pulse can verify the identity and the incident.) After V-Pulse receives your valid notification and verifies your identity, it will handle the matter in accordance with laws and regulations and service rules. The administrator of the platform has the right to take appropriate measures to avoid your loss when he/she receives your notification/finds out on his/her own the abnormality of your account, and the aforementioned measures include, but are not limited to, temporary freezing of your account. V-Pulse is not responsible for the illegal use of accounts and passwords by others due to the management of the administrators of the organization (and the following levels), hacking, or the user’s negligence in storage.
If the information provided by you is defective, resulting in V-Pulse’s inability to verify your identity or determine your needs, etc., and V-Pulse fails to process the request in a timely manner, you shall be solely responsible for the damages caused to you. At the same time, you understand that it takes a reasonable amount of time for V-Pulse to act on any of your requests, and that V-Pulse may not be able to avoid or prevent the formation or expansion of the consequences of the infringement by acting on your request, and that V-Pulse shall not be liable for such infringement except where V-Pulse has been legally at fault.
Incoming organizations and individuals may request to cancel your account at any time by following the process set forth by V-Pulse. When you request cancellation of your account, there should be no outstanding obligations on your account. Upon account cancellation, this Agreement is automatically terminated, and V-Pulse has the right to choose to irretrievably erase all data in the account or retain relevant information in the account, and any outstanding obligations arising from the cancelled account with a third party have nothing to do with V-Pulse.
3. Fix a fee
When you use the services provided by V-Pulse, the Platform reserves the right to charge you for the services accordingly. You understand and agree that no refunds are permitted once the Services have been purchased, unless the Services state otherwise.
Your purchasing behavior should be based on real consumer demand, and there shall be no malicious purchase of goods and/or services, malicious rights protection and other disruptions to the normal trading order of V-Pulse.
V-Pulse has the right to formulate flexible pricing and charging systems and marketing programs based on different user groups, different products and services, and the complexity of the technical implementation of the program and other factors, and has the right to adjust the scope of fee-based services, fees and charges in accordance with the actual situation, and to announce them in an appropriate manner without obtaining your prior consent, but the fee adjustment is not affected by the fact that you have already subscribed to and paid the full amount of fees for the relevant fee-based services before the fee adjustment comes into effect. However, if you have already subscribed to the relevant fee-based services before the fee adjustment takes effect and have paid the service fee in full, you will not be affected.
4. Rights and obligations
You shall ensure that the use of the platform services comply with laws and regulations, industry rules and regulations, public order and public order and morals, and shall not utilize the services provided by V-Pulse for storing, releasing, or disseminating information with the following contents, nor shall you provide any convenience for others to release information with the following contents:
- Those that violate national laws and regulations and policies;
- Involving state secrets or national security;
- that are detrimental to the national honor and interests of Singapore and China;
- Distorting, vilifying, blaspheming or denying the deeds and spirit of Singaporean and Chinese heroes and martyrs, and insulting, defaming or otherwise infringing upon the names, likenesses, reputations and honors of Singaporean and Chinese heroes and martyrs;
- Promoting terrorism or extremism or inciting the commission of terrorist or extremist activities;
- Spreading rumors that disrupt the economic and social order;
- Promoting feudal superstitions, obscenity, pornography, vulgarity or abetting crimes;
- Use of exaggerated headlines where the content is grossly inconsistent with the headline;
- The hype of gossip, scandal, bad behavior, etc;
- Inappropriate comments on natural disasters, major accidents and other disasters;
- Sexually suggestive, sexually provocative, etc., with easy sexual associations;
- Showing gore, horror, cruelty, etc. that causes physical or mental discomfort;
- Demonstrating behavior or speech that endangers one’s own life or the lives of others
- Incitement to discrimination among groups of people, geographical discrimination, etc;
- Those that may provoke minors to imitate unsafe behaviors and violate social morality, or induce bad habits in minors;
- Those that promote an undesirable, negative and decadent outlook on life, the world and values, and
- those that are contrary to ethics and morality;
- Fraudulent, false, inaccurate or misleading;
- Betting with prizes, gambling games related;
- Violate the intellectual property rights of others or involve the trade secrets and other proprietary rights of third parties;
- Violate the national ethnic and religious policies of the State;
- that impede the safety of Internet operation;
- Infringes on the privacy and personal information rights and interests of others;
- Infringing on the legitimate rights and interests of others or otherwise detrimental to social order, social security or public morality;
- Any other content that violates public order and morals, is contrary to public morals, or adversely affects the network ecology;
Any other content that is restricted or prohibited by the laws, rules, regulations, ordinances and any other norms having the force of law in Singapore.
You undertake not to commit any act of damaging or attempting to damage network security, including but not limited to malicious scanning of websites and servers, illegal intrusion into the system, and illegal access to data by means of viruses, Trojan horses, malicious codes, phishing, and so on;
You also may not commit any act that alters or attempts to alter the configuration of the system provided by the V-Pulse service or breaches the security of the system; use technology or other means to disrupt or interfere with the operation of the V-Pulse service or the use of the V-Pulse service by others; interfere or attempt to interfere in any way with the normal operation of any V-Pulse product or any part or function of the V-Pulse service, or make, publish, disseminate said tools, methods, etc. You also shall not apply for and register trademarks, names, logos, marks, microblogs, domain names, web pages, etc. that are identical or similar to V-Pulse and V-Pulse affiliates for the purpose of conducting business that is substantially identical or similar to V-Pulse and V-Pulse affiliates.
You acknowledge that V-Pulse has the right to terminate the provision of the Services to you without refund in the event of any breach by you of the above covenants. V-Pulse shall not be liable for any damages caused by your behavior as described above.
V-Pulse has the right to conduct risk scanning of the information you post, record, store and disseminate through this platform in accordance with relevant laws and regulations. In case you are suspected of violating laws and regulations, regulatory provisions, industry conventions and the agreement on the use of the platform services (including but not limited to the use of the platform services to engage in matters prohibited by this agreement, or the use of the platform services to engage in illegal or detrimental to others), V-Pulse has the right to review your behavior and take measures such as warning, limiting the functions, closing the account, deleting the corresponding information in violation of the law and report to the relevant competent authorities. and report to the relevant authorities.
If V-Pulse takes corresponding measures (including but not limited to suspension of services, termination of services, etc.) in accordance with this Agreement, it shall not be regarded as a breach of contract by V-Pulse, and you shall bear the losses (including but not limited to suspension of business, emptying of data, etc.) caused by it. At the same time, the responsibility and consequences arising from your violation of this Agreement shall be borne by you, and you shall compensate V-Pulse for any loss caused.
If any claim, demand or loss asserted by a third party is caused by or arises from your breach of the warranties and commitments in this Agreement, you shall be responsible for handling the dispute arising therefrom and bear full legal liability, and if V-Pulse suffers losses as a result, you shall compensate for them as well.
After the account is deactivated, recovered, or the account is canceled due to your violation of this Agreement or violation of laws and regulations, V-Pulse will not be able to provide you with any historical data during the period of your use of the services of this platform, and you should make your own backup in advance.
If you fail to renew the service after the due date, you are deemed to have abandoned the data files submitted for safekeeping, and V-Pulse has the right to unilaterally exercise the act of disposal (provided that the user data shall not be disclosed).
You understand and agree that in order to maintain the operation of the Platform, if we discover or reasonably determine that you have violated the law or there is a breach of this Agreement, we have the right to take remedial measures, including but not limited to:
- Require you to rectify the violation or breach of contract within a limited period of time;
- Actively enforcing the closure of the relevant trade order;
- Blocking or restricting you from accessing and using certain functions of this platform;
- Deleting or blocking the information of the violation;
- Suspending or terminating the provision of part or all of the services to you without refunding the fees you have already paid;
- Other reasonable and lawful measures.
5. Statement denying or limiting responsibility
Subject to the mandatory provisions of the law, V-Pulse shall in no event be liable for any indirect, punitive, special, or consequential damages (including loss of business, loss of revenues, loss of profits, loss of goodwill, loss of use of data, or loss of other economic benefits) arising out of a user’s use of the Platform Services.
In using the Service, the User shall be solely responsible for the following risk content which is beyond the control of V-Pulse (V-Pulse shall not be liable for any damages or refunds for any losses caused to the User as a result), including but not limited to:
- Due to technical defects, inherent flaws, and operational errors in the network, system, and other software used by the platform itself;
- Service interruptions, delays, changes or limitations due to platform system upgrades, testing, downtime maintenance, software feature updates, etc;
- Failure of telecommunication equipment that prevents data transmission;
- Force majeure effects such as typhoons, earthquakes, tsunamis, floods, plagues, power outages, wars, terrorist attacks, etc., which cause obstacles to the operation of the platform;
- Service interruptions or delays due to hacker attacks, technical adjustments or failures of telecommunication or cloud service departments, website upgrades, banking-related problems, etc;
- Suspension, improvement or downgrading of some or all of the services is required by law or regulatory requirements of governmental authorities;
- Other circumstances that are not V-Pulse’s fault, beyond V-Pulse’s control or reasonably foreseeable.
However, V-Pulse will minimize the impact of the foregoing causes on the Platform Services and restore the normal operation of the Services as soon as possible.
Neither party shall be liable for any delay in the fulfillment of this Agreement or any breach of contract by either party due to force majeure, reasons of the underlying carrier, network security incidents or other events beyond the reasonable control of the parties. However, the affected party shall notify the other party as promptly as possible. Either party may terminate the Agreement by giving 15 days’ written notice to the other party if the foregoing events prevent the performance of the Agreement for more than 30 days. In the event of termination due to this clause, neither party shall be liable for breach of contract.
V-Pulse does not assume any responsibility for the user’s behavior, including but not limited to the losses suffered by the user due to his/her account being stolen, equipment malfunction, operational errors, failure to renew the fee in time, use of the service through methods not authorized by V-Pulse, etc., and the damages caused by the user’s illegal and unlawful use of the platform to upload and publish actions that harm the social and public interests, and the lawful rights and interests of others. If V-Pulse, customers, partners, etc. are claimed by a third party as a result of this, you shall be responsible for dealing with it and bear all the responsibilities caused by it.
For copyright services, V-Pulse only makes objective records of the users’ behavior of using the platform services and the contents recorded through the services (users’ subject information, time, etc.), and ensures that the electronic data cannot be tampered with after it is deposited and is witnessed by the relevant blockchain nodes, etc. V-Pulse and the relevant blockchain nodes do not make any confirmations, determinations or guarantees of the authenticity, legality, originality, etc. of the contents, nor do they guarantee that the contents themselves will be admitted by the judicial authorities. V-Pulse and the relevant blockchain nodes do not make any confirmation, determination or guarantee of the authenticity, legality or originality of the contents, nor do they guarantee that the contents of the relevant registrations and forensic evidence will be admitted by judicial authorities. If the relevant registration and forensic content of the user is not accepted by the judicial authorities, the Platform shall not bear any responsibility. If the user needs to use the relevant registration and forensic content as evidence material in the process of rights defense, arbitration, litigation, etc., the user shall choose and take responsibility for the results, V-Pulse is only responsible for providing services for reliable preservation and extraction of evidence, and does not guarantee or assume any responsibility for the results of all kinds of rights defense.
You agree and accept that V-Pulse has the right to provide the Services to you and other users with whom you have an interest, competition, legal dispute, or pending controversy at the same time, and will not claim that the Services provided by V-Pulse are legally defective.
When V-Pulse is required to disclose user data by judicial or other authorized authorities in accordance with legal procedures, V-Pulse will provide user data in accordance with the requirements of law enforcement agencies or for the purpose of public safety. V-Pulse shall not be liable for any disclosure under such circumstances.
Except as otherwise provided in this Agreement, in no event shall V-Pulse’s total liability for liquidated damages under this Agreement exceed the total amount of fees charged to the User for the current Service.
6. Privacy statement
V-Pulse takes the protection of user information very seriously and V-Pulse will collect, use, store and share your information in accordance with the V-Pulse Privacy Policy. The V-Pulse Privacy Policy is an integral part of this Agreement.
7. Intellectual Property and Confidentiality
The data that you process and store through the services provided by V-Pulse are data owned by you, and the relevant intellectual property rights belong to you or the original right holder of the corresponding intellectual property rights of the data, and V-Pulse will not access, use, divulge, or publicly disclose the user data unless it has been authorized by you in advance or in accordance with the law.
The contents on V-Pulse (except the contents uploaded by users), including but not limited to text, images, files, information, materials, website architecture, functional layout, webpage design, are owned by V-Pulse in accordance with the law with intellectual property rights, including but not limited to trademarks, patents, copyrights, trade secrets and so on. You are not allowed to save, backup, use or authorize others to use the aforementioned contents for any purpose.
Without the express written permission of V-Pulse or the right holder, any unit or individual shall not illegally copy, reproduce, cite, link, crawl or otherwise use the information content of V-Pulse’s website or client in any way, in whole or in part, or V-Pulse has the right to pursue its legal responsibility.
You warrant that you will not reverse engineer, decompile, or disassemble the Platform, the Technology Interface, or the Service Data; that you will not modify the Platform, the Technology Interface, or the Service Data in any way, including the content, functionality, logic, and interface; and that you will not use the Platform, the Technology Interface, the Service Data, or the Business for any purpose other than for the purposes of this Agreement.
Without the written consent of V-Pulse, you may not use, modify, reverse compile, reproduce, publicly transmit, change, distribute, issue or publicly announce the software, program or content in which V-Pulse has rights. Without the written consent of V-Pulse, you shall not use in breach of contract or in violation of law, and shall not sell, transfer, or authorize V-Pulse’s code, technical interfaces, and development tools, etc. to any entity or individual.
You agree that all of V-Pulse’s Operational Data and rights and interests based on such data shall belong to V-Pulse, except to the extent that they are legally owned by users of the service or third parties. You shall not save, backup, use or authorize others to use the aforesaid operational data for any purpose without the prior written consent of V-Pulse.
The information you post on V-Pulse must not infringe on the intellectual property rights of others, and users are not permitted to use the intellectual property rights of others in any way through V-Pulse without the prior written permission of the rights holder. If we receive notice from the right holder to V-Pulse, we will remove the content that infringes on the intellectual property rights of others in accordance with the law.
You understand and recognize that, in view of the properties of the blockchain technology itself, your uploaded data will be synchronously stored in each node of the relevant blockchain, and the storage of your uploaded data by any node of the relevant blockchain does not constitute any violation of information security or confidentiality obligations.
V-Pulse and you jointly undertake that, except for the circumstances stipulated in this Agreement, one of the parties will not disclose to a third party in any form the confidential information about the other party learned in the course of the cooperation, and will strictly limit the employees who have access to the confidential information to comply with the confidentiality obligations in this article. The foregoing confidentiality obligations are not waived by any change, release or termination of this Agreement.
8. Termination and Assignment of Agreements
The platform has the right to terminate this agreement and stop providing services to you without any responsibility for it when any of the following circumstances are met:
- If the platform services need to be significantly adjusted, suspended or terminated due to the impact of national laws, regulations and policies, V-Pulse can terminate this Agreement without prior notice to you;
- You violate the agreement or violate laws and regulations, the platform has the right to terminate this agreement and stop providing services to you, and does not refund the fees you have paid;
- V-Pulse notifies you of the termination 7 days in advance by way of public notice, etc;
- Other cases where the service provider deems it appropriate to terminate the service;
- In the event that any other agreement entered into between you and the service provider or its affiliates is terminated due to your breach of contract, the Platform has the right to terminate this agreement and stop providing services to you without refunding the fees you have already paid.
Upon termination of this Agreement for any reason whatsoever, you shall be solely and independently liable for any liability resulting from your conduct prior to termination;
The Service Provider has the right to assign its rights and obligations under this Agreement, in part or in whole, to another person, after public notice/notification, and if you do not agree to such assignment, you shall immediately stop using the Services. Otherwise, your continued use shall be deemed as acceptance of the assignment of the aforementioned rights or obligations.
9. Other Agreements
The provisions of this contract are independent of each other in effect, and the invalidity of some of the provisions of this agreement does not invalidate the other provisions, and disputes between the parties over some of the provisions do not affect the performance of the other provisions.
The laws of the Republic of Singapore shall apply to the validity, interpretation, modification, execution and dispute resolution of this Agreement. If any dispute arising out of this Agreement cannot be resolved through consultation between the parties, either party shall submit the dispute or controversy to the jurisdiction of the people’s court with jurisdiction in the place where this Agreement is signed.
This Agreement is effective from the date of your agreement and successful registration as a user of the Platform, and this Agreement (including subsequent updated versions) will remain in effect unless the Platform terminates this User Agreement or you lose your user status on the Platform.
The place of this agreement is 1 Supreme Ct Ln, Singapore 178879.
For clarification or clarification from the Service Provider regarding the terms of this Agreement, you may send an email to V-Pulse.contact@v-pulse.com