APUS File Manager User Agreement

1. Preamble

Welcome to use APUS File Manager!

APUS File Manager (hereinafter referred to as “this Product”) is a file management product developed, operated and managed by Qilin Hesheng Network Technology Co., Ltd. (hereinafter referred to as “APUS”, “we”, “us” or “our"). The APUS File Manager User Agreement (hereinafter referred to as “this Agreement”) is an agreement entered into by and between you and APUS on your registration, login and use (hereinafter referred to as “Use”) of this Product and the relevant services.

In order to better provide you with products and services, we remind you to do carefully read and fully understand this Agreement (especially the terms concerning exemption or limitation of liabilities, the terms concerning right licensing and information use, the terms concerning consent to enabling and use of special individual services, and the terms concerning governing laws and dispute resolution) before you start using this Product. In particular, important contents such as the terms concerning exemption or limitation of liabilities are in bold to arouse your special attention. This Agreement shall constitute a legally binding agreement between you and APUS on this Product and your Use of this Product. Do not use this Product unless you have read and accepted the terms of this Agreement. If you do not agree to this Agreement, we will not be able to serve you normally. Once you use this Product, you are deemed to have read and agreed to be bound by this Agreement and other agreements and rules in connection with this Agreement (including but not limited to “APUS File Manager Privacy Policy”).

This Product is not provided for minors under 16 years of age (or the minimum age required by the laws of the EU member states). Such persons’ claiming to accept the terms of this Agreement shall be null and void. If you are a minor meeting the above conditions, you shall, accompanied by your guardian, read the terms and conditions of this Agreement and use this Product with the approval of your guardian.

2. About APUS File Manager

APUS File Manager is a full-featured file management product launched by APUS and characterized by complete features, small size, ease of use. APUS File Manager is also a platform for file sharing, providing users with convenient file transfer and sharing capabilities.

APUS File Manager mainly offers the following features:

3. Third-party Products and Services

3.1. When using this Product, you may access third-party products or services in the following ways:

3.2. You know and understand that third parties operating these services may require you to provide personal data. APUS will provide these agreements and rules in a conspicuous manner for your review and consent when you plan to use the aforesaid one-way services. Once you start using the aforesaid services, you are deemed to have understood and agreed to be bound by the relevant agreements and rules related to the individual services. APUS specially reminds you to make sure to carefully read user agreements, privacy policies and other related documents of such third parties, provide personal data according to your needs, and properly protect your personal data. If you have any disputes or suffer any losses from use of third-party products or services, you shall settle the disputes or losses with the third parties by yourself, and APUS will not bear any legal responsibility for the aforesaid disputes or losses.

4. Software Licensing and Use

4.1. Scope of Licensing of this Product

APUS grants you a worldwide non-transferable, revocable and non-exclusive license (hereinafter referred to as “this License”) for non-commercial use of this Product. The sole purpose of this License is to enable you to use this Product in the manner permitted by this Agreement. You agree to use this Product only for personal and non-commercial purposes permitted by this Agreement and any applicable laws, regulations or accepted practices and guidelines of the relevant jurisdiction.

All the other rights not granted herein shall be retained by APUS and you shall obtain our written permission prior to the exercise of these rights. APUS’s not exercising any of the aforesaid rights shall not constitute a waiver of that right.

4.2. Obtaining, Installation, Updating and Uninstallation of this Product

You can obtain this Product from APUS File Manager’s official website (the domain name is www.superfilemanager.com), by pre-installation, by downloading from third parties authorized by APUS, or by other means. If you obtain this Product or an installation program having the same name as this Product from a third party not authorized by APUS, APUS will not guarantee the normal use of the product, and the losses you suffer therefrom shall have nothing to do with APUS.

We have developed different application software versions for different terminal devices, and you need to obtain, download and install the appropriate version based on the actual device conditions.

To better enhance user experiences and services, we will irregularly provide updated versions of this Product (including but not limited to software upgrades, replacements and new feature developments), you may update the corresponding version by yourself as needed. After partial or whole updating of this Product, we will remind you in an appropriate manner (including but not limited to system prompts, announcements and in-website messages) and you have the right to choose to accept the updated version; and if you choose not to update, some features of this Product may be limited or cannot be normally used.

If you no longer use this Product, you can uninstall the application software for this Product by yourself. Given that we cannot unilaterally become aware of your uninstallation, your personal data may continue to be stored on our server after you uninstall the software. If you would like us not to retain your personal data after you uninstall this Product, we suggest that you send us a request to delete your personal data before uninstalling this Product. We will respond to your request in accordance with the procedures disclosed in the APUS File Manager Privacy Policy.

5. User Instructions

5.1. Authenticity of Users’ Personal Information
You can use some features of this Product without registering an APUS account. If you want to fully experience the features of this Product, you need to register an account. You confirm and ensure that all the information (including but not limited to third-party accounts, mobile phone numbers, contact addresses and e-mail addresses) submitted in registration is true, accurate, lawful, complete, valid and your own information. If the registered data are changed after account registration, you shall update the registered information in time.

If the information you submit is inaccurate, untrue or unlawful, or APUS has reasonable grounds to suspect that the information is false, untrue or unlawful, APUS shall have the right to refuse to provide you with the relevant features, and you may be unable to use this Product or some features may be limited during use.

5.2. Account and Password Use Rules
Your account shall be used only by you. Without APUS’s written consent, you shall not gift, lend, lease, transfer, sell your account or otherwise permit others to use your account in any way. If APUS finds or has reasonable grounds to believe that the user is not the initial registrant of an account, APUS shall have the right to suspend or terminate the services to the registered account and cancel the account without notifying you.

You should attach great importance to the confidentiality of your account and password, and in no case shall you disclose your account or password to others. You shall bear full legal responsibilities for the activities undertaken in the name of your account, including but not limited to any legal liabilities which may arise from any data modification, speech publication, payments, etc. If you find unauthorized use of your account, please immediately notify APUS.

If you lose your account or forget your password, you can request recovery of your account or password by submitting a timely complaint through APUS’s complaint channels. You understand and acknowledge that APUS’s password recovery mechanism just verifies the consistency of the data on the complaint form with the data recorded in the system, but cannot identify whether a complainant is the real user of the account. APUS specially reminds you to properly keep your account and password. You should log off your account in a secure manner when you finish your use. If your account or password is stolen or lost for your improper keeping, your other faults or Force Majeure, you shall bear the corresponding consequences by yourself.

5.3. Rules on Use of this Product
You shall be responsible for your use of this Product, you shall use this Product within the scope of this Agreement, and you shall not use this Product to engage in the following activities:

5.4. Liabilities for Breach
If you breach this Agreement or other service terms, APUS shall have the right to independently make judgments and terminate the services for you without any prior notice. For suspected violations of laws and regulations or suspected offenses, APUS will keep the relevant records, report the suspected violations or offenses to the relevant authorities and cooperate with the relevant authorities in investigation in accordance with the law, and shall have the right to hold you legally responsible.

If you violate this Agreement or other terms and cause any third-party complaints, lawsuits or claims, you shall deal with them and bear all the responsibilities that may arise therefrom. If your violation of laws or breach of this Agreement causes APUS or its affiliates to pay compensation to any third party or be punished by regulatory authorities, APUS shall have the right to require you to compensate it for all the losses.

6. User Privacy Protection

APUS is committed to respecting and protecting your privacy. You can read the APUS File Manager Privacy Policy to learn how we handle your personal data, and the channels provided for you to access and control your personal data.

7. Statement of Rights

7.1. APUS shall have the legal rights with respect to the information that is contained in this Product and protected by intellectual property rights or other laws and regulations, including but not limited to ownership, intellectual property rights (no matter whether such rights have been recorded/registered and no matter whether they exist anywhere in the world) and other relevant interests. Without APUS’s written permission, nobody shall use (including but not limited to monitoring, copying, spreading, displaying, mirroring, uploading or downloading through any robots, spiders and other programs or devices), copy this Product or use this Product for other purposes.

7.2. APUS provides technical support for product development and operation, and shall have all the legally permitted rights to all the data and information generated in development, operation or other stages of this Product.

7.3. When using this Product, you shall in no way cause any damage to the proprietary rights of APUS and/or its licensors, for example, you shall not use trademarks, names or logos in such a way as to confuse the owners or the authorized users of any persons’ trademarks, names or logos.

8. Force Majeure and Limitation of Liabilities

8.1. APUS does not warrant authenticity, accuracy or integrity of any third-party contents, advertisements, publicity materials and any other information (hereinafter collectively referred to as “Third-party Information”) that you have obtained from this Product. If any entity or individual carries out any activities by using the aforesaid “Third-party Information”, you must identify the authenticity and cautiously prevent risks by yourself.

8.2. APUS will make commercially and technically reasonable efforts to ensure the normal operation of the features of this Product, and reasonably and prudently take the necessary measures to protect your information and data security, but we cannot provide a full guarantee. You understand and agree that we shall not be liable for any losses (including but not limited to losses in properties, proceeds, data and other aspects) that you suffer in the following circumstances:

9. Governing Laws and Dispute Settlement

9.1. This agreement was signed in Beijing, People’s Republic of China.

9.2. Conclusion, effectiveness, interpretation, performance, dispute settlement and other matters of or under this Agreement shall be governed by the laws of the People’s Republic of China, without regard to the principle of conflict of laws.

9.3. All disputes arising from or in connection with this Agreement shall be submitted to Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties, and the seat of the arbitration shall be Beijing.

10. Miscellaneous Terms

10.1. The APUS File Manager Privacy Policy shall be an integral part of this Agreement and APUS shall have the right to amend the terms of this Agreement and/or the relevant terms when necessary. When APUS changes the terms of this Agreement, it will notify you of the changes or additions by e-mail, by letters or in this Product, and you are urged to agree to or reject the amendments to this Agreement, or you can access the latest version of the terms of this Agreement at APUS File Manager Privacy Policy.

10.2. If you continue to use this service after the terms of this Agreement are changed, you shall be deemed to have accepted the amended Agreement. If you do not agree to the changes or additions, you have the right to terminate this Agreement and discontinue the use of this Product.

10.3. If some terms of this Agreement are invalid or unenforceable for whatever reason, the remaining provisions shall still be valid and legally binding on you and APUS.

10.4. This Agreement may be provided in Chinese, English and other languages. If there is a conflict between the versions in different languages, the English version shall prevail.

10.5. If you have any comments or suggestions on any provision of this Agreement, please contact us at any time. Our e-mail address is:dpo@apusapps.com.

Last Updated: May [17], 2018