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Service Agreement

Service Agreement

Loadly.io (unless otherwise specified, the term "Loadly.io" referred to in this Service Agreement includes the website loadly.io) and all content under this domain, including but not limited to Loadly.io App Testing Expert, Expert Testing, Tracup, FrontJS, and all services provided by them, are subject to the terms and conditions of this Service Agreement. By using Loadly.io, you agree to abide by this Service Agreement and any revisions made by Loadly.io from time to time.

Article 1: Preconditions for Use

1. By using the information, tools, and other features provided by Loadly.io, accessing any Loadly.io API, or using any software, other websites, or APIs via Loadly.io interfaces (collectively referred to as the "Service"), you agree to comply with this Service Agreement, whether you are an unregistered user or a registered user.

2. If you wish to become a registered user and use the services provided by Loadly.io, you must read and accept this Service Agreement. Your registration as a Loadly.io user (whether through Loadly.io or other third-party media) is considered acceptance of this Service Agreement. By accepting this Service Agreement, you represent that you have the capacity to be bound by it, or if you represent a company or entity, you have the authority to bind that entity.

Article 2: Code of Conduct

1. Once you accept the terms and conditions of this Service Agreement, you agree to abide by the following rules when using the Service. You understand and agree that any consequences arising from your violation of these rules are your sole responsibility, and Loadly.io is not liable for any such consequences.

  • - 1.1 You shall not engage in any illegal activities using the services provided by Loadly.io or publish content that violates relevant national laws, regulations, and policies.
  • - 1.2 You shall not jeopardize national security, disclose state secrets, subvert the state power, or undermine national unity using Loadly.io.
  • - 1.3 You shall not use Loadly.io to harm the national honor and interests.
  • - 1.4 You shall not use Loadly.io to incite ethnic hatred, discrimination, or disrupt ethnic unity.
  • - 1.5 You shall not use Loadly.io to violate the country's religious policies, promote cults, and feudal superstitions.
  • - 1.6 You shall not use Loadly.io to spread rumors, disturb social order, or disrupt social stability.
  • - 1.7 You shall not use Loadly.io to disseminate obscene, pornographic, gambling, violent, murderous, terroristic, or criminal content.
  • - 1.8 You shall not use Loadly.io to insult or defame others or infringe on the legitimate rights of others.
  • - 1.9 You shall not use Loadly.io to infringe on the intellectual property, trade secrets, and other legal rights of others.
  • - 1.10 You shall not use Loadly.io to maliciously fabricate facts or conceal the truth to mislead or deceive others.
  • - 1.11 You shall not use Loadly.io to publish, transmit, or disseminate spam.
  • - 1.12 You shall not upload any malicious code or software with malicious behavior to Loadly.io.
  • - 1.13 You shall not abuse the resources or services provided by Loadly.io, including but not limited to repetitive applications and seeking undue benefits.
  • - 1.14 You shall not transfer, inherit, or sell Loadly.io accounts and passwords for undue benefits.
  • - 1.15 You shall not publicly display or use the Service to share inappropriate content or materials (such as nudity, bestiality, pornographic, violent scenes, or criminal activities) and materials that do not comply with applicable laws or regulatory requirements (such as software or images, text, code that infringe on intellectual property rights).
  • - 1.16 You shall not spread any form of game software.
  • - 1.17 You shall not engage in false or misleading activities (such as fabricating false reasons to demand cash, impersonating others, manipulating services) or engage in defamation or slander activities.
  • - 1.18 You shall not circumvent any access or availability restrictions on the Service.
  • - 1.19 You shall not engage in activities that are harmful to the Service or others (such as spreading viruses, tracking, posting hate speech, or advocating violence against others).
  • - 1.20 You shall not use Loadly.io or its services to infringe on the legal rights of others.
  • - 1.21 You shall not use Loadly.io to engage in activities that infringe on the privacy or data protection rights of others.
  • - 1.22 You shall not use Loadly.io to disseminate financial, stock, financial management, loan, gambling, or other software or apps that violate national laws.
  • - 1.23 Other acts prohibited by laws and regulations.
  • - 1.24 You shall not assist others in violating the above rules.

2. Enforcement. If you violate the terms and conditions of this Service Agreement, Loadly.io has the right to take reasonable and appropriate measures to protect the legal and legitimate interests of Loadly.io and other users without prior notice to you. These measures include but are not limited to suspending the provision of services, closing your Loadly.io account, deleting content and information you posted on Loadly.io, and preserving relevant records for reporting to relevant government authorities. In investigating actions suspected of violating the terms and conditions of this Service Agreement, Loadly.io reserves the right to review your content to resolve issues.

Article 3: Maintenance of Usage Environment

1. You are responsible for and bear the costs of providing and properly maintaining the environment required for using this service, including but not limited to hardware, software, and network infrastructure.

2. Users should take appropriate security measures according to their usage environment to prevent any malicious activities or malfunctions, including but not limited to computer viruses, unauthorized access, and the leakage of information or data.

3. Loadly.io is not responsible for any part of the usage environment and is not liable for any losses or damages arising from it.

Article 4: Copyright

1. All content contained in Loadly.io, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the coherent compilation of content into a website, is owned by Loadly.io and is protected by Chinese and international copyright laws. Unauthorized copying, use, or other illegal use of the aforementioned content is strictly prohibited without written permission from Loadly.io.

2. All registered users of Loadly.io who provide Apps (mobile applications) to the Loadly.io platform must ensure they have complete and independent intellectual property rights, including but not limited to design and copyright.

Article 5: Trademarks and Service Marks

"Loadly.io," the Loadly.io logo, and other Loadly.io graphics, logos, webpage titles, button icons, scripts, and service names are trademarks, registered trademarks, service marks, or other commercial appearances of Loadly.io, its subsidiaries, and affiliated companies. Loadly.io's trademarks, registered trademarks, service marks, and commercial appearances have inherent meanings and significant value due to their restricted use. They may not be used for any products or services without the express permission of Loadly.io.

Article 6: Access License

Considering access to Loadly.io and its services, Loadly.io grants you a limited license to access Loadly.io for personal use. This Service Agreement prohibits you from downloading (except for page caching) or modifying any part of Loadly.io without the explicit written consent of Loadly.io. This Service Agreement does not allow the resale of Loadly.io's services. Without Loadly.io's explicit written consent, you may not use any trademarks, logos, or other proprietary information (including but not limited to images, text, webpage layout, or forms) on Loadly.io. Any unauthorized use terminates the permission or license granted by Loadly.io and may result in various legal liabilities for damages.

Article 7: Account, Password, and Qualification Materials

1. If you register as a user of Loadly.io and create an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to be responsible for all activities that occur under your account or password. Loadly.io has no obligation and no way to identify illegal or unauthorized use of your account and password; therefore, Loadly.io is not liable for any liability or other adverse consequences arising from such actions. However, Loadly.io reserves the right to exercise discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to Loadly.io and other services provided by Loadly.io.

2. You guarantee that you have the legal qualifications necessary for using this service, accessing and operating applications, or providing related services, and have obtained the relevant government approvals or approvals. The qualification materials, relevant qualifications or certificates, and any other documents or information you provide are true, accurate, complete, and promptly updated after any changes. You have the capacity to fulfill the obligations and engage in various behaviors under this agreement. Your fulfillment of obligations and engagement in related activities do not violate any legally binding documents. Otherwise, you should not use the relevant services provided by Loadly.io and should bear all responsibilities and losses incurred to users and Loadly.io.

3. You guarantee that you will lawfully and in accordance with Loadly.io's requirements submit the real and accurate main qualification materials confirmed by your signature, as well as contact names (names), addresses, email addresses, and other relevant information required to use this service.

4. You guarantee that the various services provided by your application on Loadly.io comply with the relevant regulations of the country, do not violate any relevant regulations, agreements, or rules, and do not infringe on any person's legal rights. At the same time, you will provide copyright, patent, and other related certificates in accordance with the law, the agreement, or Loadly.io's requirements.

Article 8: Privacy and Data Information Security

1. By using this service, you agree that Loadly.io is legally allowed to collect and use technical or diagnostic information about you and your use of this service. The collected information will be used to improve the content of the website and enhance the quality of our services. Loadly.io will not share or sell your information and content to other organizations, except in the following cases:

  • - 1.1 You agree to share information with third parties.
  • - 1.2 Loadly.io needs to comply with court subpoenas, legal orders, or legal procedures.
  • - 1.3 You violate this agreement.

2. Loadly.io will make every effort to protect the security and privacy of your data information. However, Loadly.io will not assume any legal responsibility in the following situations:

  • - 2.1 Due to Loadly.io's inability to distinguish illegal or unauthorized use of Loadly.io accounts and passwords, resulting in the theft of your Loadly.io account and password.
  • - 2.2 Your published applications, including any URLs or other online services linked to the application, infringe on the intellectual property rights of third parties.
  • - 2.3 Any user information collected through Loadly.io (including but not limited to user device information) is not only used for internal testing but also provided to any third party or used for other purposes.
  • - 2.4 Service interruptions or inability to meet your service requirements, data loss, caused by force majeure, computer viruses, or hacker attacks, system instability, lack of network signal in your location, shutdown, reasons related to GSM network, internet network, communication lines, etc.

Article 9: Service or Software Updates and Terms Changes

1. We may change the terms and conditions under this service agreement at any time. If you use the service after such changes take effect, it means you agree to the new terms and conditions. If you do not agree with the new terms and conditions, you must stop accessing Loadly.io, cease using its services, and close your Loadly.io account.

2. Sometimes, you may need software updates to continue using the service. We will automatically check your software version and download software updates or configuration changes, including those that may prevent you from accessing the service, or configuration changes that may require you to update the software to continue using the service. Such updates are subject to the above terms, unless the update comes with additional terms, in which case the additional terms shall apply. Despite the above agreement, Loadly.io is not obligated to provide any updates, and Loadly.io does not guarantee support for versions of your licensed system for the software.

Article 10: Personalized Advertising Recommendations

1. Free online services and content rely on advertising revenue to sustain. The ads you see enable Loadly.io to continue providing free products and services. To help you find the products and services you need, we strive to provide you with practical advertisements for better online services, etc.

2. Loadly.io has consistently improved the user experience, rejecting numerous malicious and harassing ads, and striving to provide you with practical ad content based on your preferences.

3. If you do not want to accept personalized advertising recommendations, please submit an application to Loadly.io at [email protected], and Loadly.io will no longer deliver ads based on your interests.

Article 11: Signing Entity, Legal Choice, and Dispute Resolution Location

1. When you choose to use Loadly.io services, you will enter into a contract with Xi'an Diance Network Technology Co., Ltd. The terms of this service agreement are governed by the laws of the People's Republic of China. When you use Loadly.io services in accordance with the terms of this service agreement, any disputes arising from or related to these terms, including issues related to the existence, validity, or termination of these terms, shall be submitted to an arbitration institution in Xi'an, Shaanxi Province, China, and arbitrated in accordance with the laws of the People's Republic of China. The arbitration award shall be final and binding on both parties.

2. The place of signing this agreement is Xi'an, Shaanxi Province, People's Republic of China.

Article 12: Prohibition of Rights Transfer

Except as otherwise provided in this clause, users may not reassign, transfer, or otherwise dispose of their rights or obligations under this clause to any third party.

Article 13: Warranty

1. Loadly.io does not provide any express or implied warranties, guarantees, or conditions related to your use of the service. You understand that you assume the risk of using the service, and we provide the service "as is," with the current available features. Loadly.io does not guarantee the accuracy or timeliness of the information provided in the service. According to applicable law, you may have certain rights, and if applicable, any provisions in this service agreement shall not affect those rights. You acknowledge that computer and telecommunication systems may fail or occasionally experience downtime. We do not guarantee uninterrupted, timely, secure, error-free services, nor do we make any guarantees regarding the connection to or transmission of computer networks.

2. To the extent permitted by applicable law, we exclude any implied warranties of merchantability, satisfaction, fitness for a particular purpose, absence of technical issues, and non-infringement.

Article 14: Limitation of Liability

1. Loadly.io is only responsible for the scope of responsibility specified in this agreement.

2. The service quality and content provided by cooperative units under this agreement are the responsibility of the cooperative units themselves.

3. To the extent permitted by law, Loadly.io shall not be liable for any indirect, punitive, special, or derivative losses (including business losses, profit losses, profit losses, use data or other economic losses) related to or caused by this agreement, whether caused by breach of this agreement (including breach of warranty) or tort, even if such losses are foreseeable. In addition, Loadly.io's liability for such losses is excluded even if the exclusive remedies provided in this agreement do not achieve their basic purpose.

4. Loadly.io shall not be liable for any obligation or liability if Loadly.io is unable to perform or delays in performing its obligations due to circumstances beyond Loadly.io's reasonable control (such as labor disputes, force majeure, war or terrorist acts, malicious destruction, accidents or compliance with any applicable law or government order). Loadly.io will make the best effort to minimize the impact of these events and will make the best effort to fulfill unaffected obligations.

5. Loadly.io's services are provided as-is based on existing technology and conditions. Loadly.io will make the best effort to provide you with services, ensuring the continuity and security of the service. However, Loadly.io cannot guarantee that the services it provides are flawless, and it cannot foresee and prevent legal, technical, and other risks at any time, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, defects in third-party services, government actions, etc., which may cause service interruptions, data loss, and other losses and risks. Therefore, you also agree that even if there are flaws in the services provided by Loadly.io, and such flaws are unavoidable given the technological level of the industry at that time, they will not be considered a breach of contract by Loadly.io. Additionally, if such flaws result in your loss of data or information, you agree to waive any claims against Loadly.io.

6. You promise that your use of this service and any of your behaviors shall not violate any relevant laws and regulations, this agreement, and related agreements and rules. If Loadly.io discovers or receives information from relevant departments or complainants indicating that you may have violated the above commitment, Loadly.io has the right to independently judge whether you have violated the above commitment based on the general public's understanding. If Loadly.io judges that you have violated the above commitment, Loadly.io has the right to take one or more of the following measures:

  • - 6.1 Require you to immediately replace or modify content that infringes on the legitimate rights of others. Before you correct it, suspend
  • the payment of suspected violations of the application or all applications under your name or any application in all applications;
  • - 6.2 Take measures such as closing new user entry, restricting old user login, etc., for suspected violations of the application or all
  • applications under your name or any application in all applications;
  • - 6.3 Take measures such as offline for suspected violations of the application or all applications under your name or any application in all
  • applications, i.e., terminate the operation of the application on the open platform;
  • - 6.4 Suspend any payments to you or your associated companies;
  • - 6.5 Directly deduct losses suffered by Loadly.io from any amount payable to you or your associated company or a corresponding amount of
  • liquidated damages that you should bear;
  • - 6.6 Prohibit you or your associated company from accessing any new applications to the open platform in the future;
  • - 6.7 Suspend or terminate the application suspected of violation or all applications under your name or any application in all applications
  • in other platforms or websites outside the Loadly.io open platform;
  • - 6.8 Pursue your legal liability, or terminate this agreement unilaterally;
  • - 6.9 Announce your behavior to the public, provide your valid information to the competent authority or complainant, and
  • - 6.10 Any other measures that Loadly.io considers appropriate.

7. After Loadly.io informs you or you become aware of the infringement of the legitimate rights of others, you should submit a counter-notification to Loadly.io in accordance with Loadly.io's review or customer service channels. However, regardless of whether Loadly.io informs you, you submit a counter-notification, or whether the counter-notification complies with relevant regulations, Loadly.io's independent judgment and measures shall not be affected.

8. If Loadly.io takes any action or measure against you or your application in accordance with the above terms, other relevant provisions of this agreement, or due to your violation of relevant laws, causing any dispute, liability, etc., you shall be solely responsible for it. If you incur losses, you shall bear all losses yourself, and if Loadly.io or others incur losses, you shall also bear all responsibilities.

9. If Loadly.io terminates this agreement due to your breach, the application income that has not been settled will be owned by Loadly.io and will not be settled. In addition, due to your violation of the provisions of this agreement, causing disputes, liabilities, etc., you shall be solely responsible for it. (Including but not limited to fines imposed by the competent authority, compensation for losses of rights holders, legal fees, litigation fees, etc.) You shall compensate Loadly.io for all losses within 5 working days.

10. You agree and undertake that in the process of using the services provided by Loadly.io, you shall not upload content that violates relevant national laws and regulations and policy regulations of Loadly.io, including but not limited to code, software, images, videos, texts, Apps, etc. Otherwise, you shall bear all legal consequences arising therefrom, and Loadly.io shall not bear any responsibility.

11. As a third-party neutral platform, Loadly.io is not obliged to review the content you upload to Loadly.io. However, when Loadly.io deems it necessary, Loadly.io has the right to review the content you upload to Loadly.io's services, and the review results and subsequent actions can be decided by Loadly.io. You understand and agree to this, and are willing to bear all consequences of the review.

Article 15: Exemption from Responsibility

1. Loadly.io is not obligated to monitor or retain these applications. Loadly.io is not responsible for any application problems caused by the use of this service.

2. In the following cases, Loadly.io has the right to check, retain, and/or disclose any content of the application, but is not responsible for any losses or damages caused thereby.

  • - 2.1 For the purpose of analyzing the technical issues of this service and resolving them.
  • - 2.2 When Loadly.io receives official legal inquiries from public institutions such as courts or police.
  • - 2.3 When there are acts that violate these terms or may violate these terms, Loadly.io decides that it is necessary to check the content of application.
  • - 2.4 When Loadly.io independently judges that someone's life, body, and property are in danger.
  • - 2.5 Other situations necessary for the normal operation of this service.

Article 16: Applications

1. Scope of License

Loadly.io provides applications (including websites, apps, SDKs, UDID retrieval tools, computer client software, API interfaces, etc.) for use under license, not for sale. This agreement grants you limited rights to use the applications. Unless applicable law provides you with more rights beyond this limitation, you may only use the applications within the scope explicitly permitted by this agreement. You must adhere to any technical restrictions within the applications. These limitations only permit you to use the applications in specific ways. You shall not:

  • - 1.1 Bypass any technical restrictions within the applications.
  • - 1.2 Perform reverse engineering, decompilation, or disassembly of the applications. However, if applicable law allows these activities, they are only allowed within the boundaries expressly permitted by that law.
  • - 1.3 Create copies of the applications beyond the quantity specified in this service agreement or allowed by applicable law.
  • - 1.4 Publish or provide the applications in any way that enables others to copy them.
  • - 1.5 Rent, lease, or lend the applications.

2. Downloading

Downloading applications may consume network traffic, and any resulting costs will be borne by you.

3. Clean-Up Policy

Loadly.io regularly clears malicious applications, including but not limited to explicit content, spam, point walls, game private servers, viruses, circumvention tools, reactionary content, pirated software, malicious charging, and cracked software. However, before downloading applications, please assess their quality. Avoid downloading applications from unreliable sources due to spam messages or email content. Judge and download trusted applications based on the source of the application download link.

4. Documentation

If documentation is provided with the applications, you may copy and use this documentation for personal reference.

Article 17: Miscellaneous

1. This Service Agreement, any applicable Privacy Policies, Supplemental and Updated Terms, and any Privacy Policies to which you have agreed, constitute the entire Service Agreement for the Dandelion Service and its applications.

2. The laws of the mainland of the People's Republic of China (excluding conflict of laws) shall apply to the formation, entry into force, performance, interpretation and dispute resolution of this Agreement.