Welcome to the services provided by gameoptim.com!
Youhu Technology (Shanghai) Co., Ltd. (hereinafter referred to as “Youhu”) agrees to provide the relevant services (hereinafter referred to as the “GO Service”) based on www.gameoptim.com (hereinafter referred to as the “Platform”) in accordance with the provisions of Terms of Service (hereinafter referred to as the “Agreement”) and the operating rules released by it from time to time. You, the service user (hereinafter referred to as the “User”), are required to carefully read and fully understand all the clauses herein, especially the clauses that exempt or limit Youhu’ s liability, the clauses restricting the User’ s rights, and the clauses stipulating dispute resolution methods and judicial jurisdiction. You shall read and comply with the Agreement and the Privacy Policy (available at: https://www.gameoptim.com/#privacy). Unless you have fully read, completely understood and unreservedly accepted all the terms and conditions set forth in this Agreement, you shall have no right to use the GO Service. If you click “Register”, use the GO Service, or indicate your acceptance of this Agreement in any other express or implied manner, you shall be deemed to have read and agreed to execute this Agreement. This Agreement shall thereupon become legally effective between you and Youhu and constitute a legally binding document for both parties. If you do not have full capacity for civil conduct due to factors such as age and intellectual ability, please read this Agreement and decide whether to accept it accompanied by your legal guardian (hereinafter referred to as the "Guardian"), and pay special attention to the terms for minor users. These Terms of Service constitute an agreement between you and Youhu. We reserve the right to revise this Agreement from time to time. Any revisions shall take effect upon the publication of the revised version on the Platform. Once the revised terms are published on the Platform, they shall automatically replace the original Terms of Service.
Your conclusion and performance of this Agreement shall also be subject to the laws of the country or region to which you belong and/or where you are located.
I. About the Go Service
1. Service Content
The specific content of the Go Service shall be provided by Youhu according to actual conditions, mainly including: technical consulting services related to performance diagnosis and optimization for games/VR applications.
Registered members of the Go Service may obtain the Gears Software Service free of charge, and may obtain the GOT Online Service upon payment. Such act shall be deemed your agreement to comply with the provisions of the User Agreement (available at: https://www.gameoptim.com/agreement.html) and pay the technical service fees.
The User understands that the Platform only provides the relevant Go Service. All other equipment related to the use of the Go Service (such as computers, modems and other devices for accessing the mobile Internet) and required expenses (such as telephone charges and Internet access fees paid for accessing the mobile Internet) shall be borne by the User.
2. Rules for the Use of Member Accounts
2.1 Registration and Use of Member Accounts
2.1.1 Before using the GO Service, you need to register a Youhu Account and assign end-user accounts to end users. To verify the organization to which the end user belongs, ensure the security of the Youhu Account, and obtain the user information necessary for providing the Go Service, end users may use the GO Service only after passing the Platform account verification. The Platform reserves the right to change the account registration method according to user needs or product requirements. For the specific rules governing your use of the account, you shall comply with the provisions of the Privacy Policy regarding account services and any special rules released by the Platform for such purpose.
2.1.2 The ownership of the Platform account belongs to Youhu. After completing the registration application, the User only obtains the right to use the Platform account. The User shall not donate, lend, lease, transfer or sell the Platform account, or permit any other person to use the Platform account in any other manner.
2.1.3 The User shall accurately provide and timely update the User’ s information as prompted on the relevant pages in accordance with laws, regulations and service requirements, so as to ensure that such information is true, timely, complete and accurate. The User undertakes not to register by impersonating others, not to register for others without permission, not to register an account in a manner that may mislead other users, and not to register with a user name that may infringe upon the rights and interests of others (including but not limited to infringement of trademark rights, reputation rights, etc.). Otherwise, Youhu reserves the right to cancel such account.
2.1.4 The User is responsible for properly keeping the security of the registered account information and account password, and shall bear legal liability for all acts conducted under the registered account and password. The User agrees not to disclose the account and password information to others under any circumstances. If you suspect that another person is using your account, you shall immediately notify Youhu.
2.1.5 If a User does not log in to the registered Youhu Account for a long period of time, Youhu reserves the right to reclaim such account to avoid waste of resources, and any losses arising therefrom shall be borne by the User.
2.1.6 The User confirms that when the User completes the registration procedures or actually uses the GO Service in other manners permitted by Youhu, the User shall be a natural person, legal person or other organization with full capacity for civil rights and appropriate capacity for civil conduct corresponding to the civil activities engaged in. If the User does not have the aforesaid qualifications, please do not use the GO Service. Otherwise, the User and the User’ s Guardian shall bear all consequences arising therefrom. Youhu reserves the right to cancel (permanently freeze) the User’ s account and shall have the right to claim compensation from the User for any losses caused to Youhu. If you are registering on behalf of a company or other legal entity or actually using the Go Service in other manners permitted by Youhu, you represent and warrant that you have the authority to bind such company or legal entity to this Agreement.
2.2 User Notices
2.2.1 You understand and agree that in order to provide effective services to users, the Platform will utilize resources such as the processor and bandwidth of your terminal equipment. Data traffic charges may incur during the use of the Platform. You shall consult the operator for relevant tariff information and bear the relevant charges by yourself.
2.2.2 You understand and agree that the Platform will allow end users to view information of other end users within the enterprise or organization, but administrators may restrict end users’ access rights to such information through administrative permissions. When using the GO Service to manage your end-user information, you shall:
2.2.2.1 Fully inform end users of the policies and provisions concerning the impacts on user information and content arising from the use of the Platform and the GO Service;
2.2.2.2 Ensure that the use and processing of user information and content during the use of the GO Service comply with applicable laws and regulations;
2.2.2.3 Respond to and settle all disputes and controversies between you and end users relating to user information and content, or arising from your failure to fully perform this Clause, and independently bear all legal liabilities arising therefrom.
2.2.3 When you use a specific service or function of the Platform, there may be separate agreements, relevant business rules, etc. (collectively referred to as “Separate Agreements”). Such specific service or function may also be provided by other entities. Before using such service or function, please read and agree to the relevant Separate Agreements and business rules of the provider of such service or function. Your use of the aforesaid specific service shall be deemed your acceptance of the relevant Separate Agreements and business rules.
2.2.4 The User understands and agrees that the Platform will use commercially reasonable efforts to ensure the security of data storage by the User on the Platform and in the GO Service. However, the Platform does not provide absolute guarantees, including but not limited to the following circumstances:
2.2.4.1 The Platform shall not be responsible for the deletion or failure to store relevant data of the User in the GO Service;
2.2.4.2 The Platform reserves the right to independently determine the maximum storage period of the User’ s data in the GO Service and allocate the maximum data storage space on the servers according to actual conditions. The User may back up relevant data in the Platform and GO Service according to its own needs;
2.2.4.3 If you stop using the Platform and GO Service or the GO Service are terminated or canceled, the Platform may permanently delete your data from the servers. After the GO Service are stopped, terminated or canceled, the Platform shall have no obligation to return any data to you.
2.2.5 When you use the Platform and GO Service, you shall bear the following risks beyond the control of the Platform, including but not limited to:
2.2.5.1 Risks such as loss or disclosure of user information that may be caused by force majeure;
2.2.5.2 You must select a software version compatible with the installed terminal equipment. Otherwise, any problems or damages caused by incompatibility between the software and the terminal equipment model shall be borne by you;
2.2.5.3 When you access third-party websites through the Platform, risks that may arise from such third-party websites and relevant content shall be borne by you;
2.2.5.4 Risks and liabilities arising from the forwarding and sharing of content you publish by others;
2.2.5.5 Risks such as failure to log in to Platform, incomplete synchronization of data, slow page loading, etc., caused by network problems such as unstable network signals and insufficient network bandwidth.
2.3 Third-Party Products and services
2.3.1 When you use products or services provided by third parties on the Platform, you shall also comply with the user agreements of such third parties in addition to this Agreement. The Platform and third parties shall bear their respective responsibilities for possible disputes within the scope prescribed and agreed by law.
2.3.2 When you use the Platform or request Youhu to provide specific services, the Platform may call third-party systems or support your use or access through third parties. The results of such use or access shall be provided by such third parties (including but not limited to call services: call services that may be provided through telecom operator systems). The Platform does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and content provided through third parties. Any disputes or damages arising therefrom shall be irrelevant to the Platform, and the Platform shall not be liable therefore.
2.3.3 You understand and agree that the Platform reserves the right to use the Platform for commercial purposes, including but not limited to developing and using part of the Platform’ s services to promote third parties. The Platform undertakes to protect user information in strict accordance with this Agreement during promotion.
3. Intellectual Property Rights Statement
The ownership and relevant intellectual property rights of this Website, including (but not limited to) text, content, software, video, music, sound, graphics, photos, charts, art design, images, names, logos, trademarks and/or service marks (registered and unregistered), and other materials (hereinafter referred to as “Website Content”) shall belong to Youhu or its licensors. Without the prior written permission of the Platform or the relevant right holders, no one may transfer, use, license, or create derivative works thereof in any form. The Website Content includes content owned or controlled by Youhu and content owned or controlled by third parties and authorized to the Platform. All codes, articles, discussions and all other elements constituting this Website may be works protected by copyright. You agree to comply with all applicable copyright laws and regulations and all supplementary copyright notices or restrictions contained in this Website. The content on this Website is uploaded and maintained by the corresponding institutions/individuals. Any use of the content on this Website shall comply with the license agreement attached thereto. If you are unclear about the applicable license agreement, please consult the institution/individual that uploaded such content. The copyright of any content uploaded by a registered account on the Platform shall belong to the uploader, who shall bear full copyright liability for the uploaded content. The Platform has the right to display the content uploaded by the uploader to the public areas of this Website on the websites owned by the Platform.
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User Account and Password Security
You may need to register an account to use this Platform. Please carefully read and comply with the relevant agreements for the specific rules governing your use of the account. The Platform hereby reminds you to properly keep your account and password. You shall log out securely after use. Any loss or liability arising from account theft or password leakage due to your improper safekeeping shall be borne by you. During your use of this Platform, you shall ensure that the content and form of information set in your account, including name, nickname, avatar, signature, images, messages, etc., comply with laws and regulations (for the purpose of this Agreement, “laws and regulations” mean the currently effective laws, administrative regulations, judicial interpretations, local regulations, local rules, departmental rules and other normative documents of the country/region where you are located or domiciled, as well as any revisions and supplements thereto and relevant policies, hereinafter the same), public order and good morals, social ethics and Platform rules, and shall not infringe upon the legitimate rights and interests of any party.
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Protection of Personal Information
The Platform respects the privacy of any individual visiting this Website. It will collect, use, store and share your personal information in accordance with this Agreement and the Privacy Policy (available at: http://www.gameoptim.com/#privacy). Any matter regarding the protection of personal information not explicitly specified in this Agreement shall be subject to the Privacy Policy. When you visit this Website, you may be requested to provide basic personal information (such as name, email address, telephone number, etc.), and you may choose whether to provide it voluntarily. The Platform will keep your personal information confidential and strictly secure in accordance with the Privacy Policy and applicable laws and regulations. The Platform will use various security technologies and procedures and establish a sound management system to protect your personal information from unauthorized access, use or disclosure. The Platform will not provide or display your personal information to any third party in any manner, except under the following circumstances:
when a judicial or administrative authority requires this Website to disclose personal information in accordance with legal procedures and statutory powers, we will provide relevant information in accordance with the law. This Website shall be exempt from liability for any disclosure under such circumstances;
transfer for the purpose of merger, division, acquisition or asset transfer;
necessary for providing the services you request;
this Website shall be exempt from liability for any leakage, loss, theft or tampering of personal information caused by force majeure events that affect the normal operation of the Website, including hacker attacks, computer virus intrusion or outbreaks, temporary shutdown due to government regulation, etc.;
this Website shall not be liable for any leakage, loss, theft or tampering of personal information caused by users disclosing their personal passwords to others or sharing registered accounts with others;
this Website shall not be liable for any leakage, loss, theft or tampering of personal information on any other websites linked to this Website;
circumstances where transfer or disclosure to any third party is permitted under the Privacy Policy or other relevant agreement rules.
II. Force Majeure and Disclaimer
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Use of Platform services
You understand and agree that in the course of using the GO Service, you may encounter risk factors such as force majeure, which may cause interruption of the GO Service. Force majeure means objective events that are unforeseeable, unavoidable and insurmountable and have a material impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, storms, as well as social events such as wars, disturbances, government actions, etc. In the event of the above circumstances, the Platform will endeavor to cooperate with relevant authorities and conduct timely repairs as soon as possible. However, the Platform shall be exempt from liability for any losses caused to you to the extent permitted by law.
To the extent permitted by law, the Platform shall not be liable for service interruptions or obstructions caused by the following circumstances:
damage caused by computer viruses, Trojan horses, other malicious programs, or hacker attacks;
malfunctions in the computer software, systems, hardware and communication lines of the User or the Platform;
improper operation by the User or use of the Go Service through means not authorized by the Platform;
outdated program versions, aging equipment and/or compatibility issues thereof;
other circumstances beyond the control or reasonable foresight of the Platform. You understand and agree that the Go Service are not designed for certain specific purposes, including but not limited to critical fields such as nuclear facilities, military use, medical facilities, transportation and communications. The Platform shall not be legally liable for any casualties, property damage, environmental damage or other losses arising from operational failures in the above fields due to the software or Go Service .
III. Effectiveness and Termination
1. Your registration and use of the Go Service or use of the Platform shall be deemed as your having read and agreed to be bound by this Agreement. The Platform reserves the right to modify the terms of this Agreement when necessary. Youhu may deliver various rules, notices, prompts and other information regarding the GO Service to you through one or more means including but not limited to display on relevant service pages, website announcements, webpage reminders, e-mail, SMS, regular mail, internal messages sent via the account management system you use to register for the GO Service. You may review the relevant terms in the latest version of this Agreement on the Platform. After modification of the terms of this Agreement, your continued use of the Platform shall be deemed as your acceptance of the modified Agreement. If you do not accept the modified Agreement, you shall stop using the Platform.
2. In the event of merger, division, acquisition or asset transfer of the Platform, the Platform may transfer the relevant assets under the GO Service to a third party. The Platform may also, after notifying you unilaterally, assign the operation or performance of part or all of the Services and the corresponding rights and obligations under this Agreement to a third party. The specific transferee shall be subject to the notice issued by the Platform. You agree that any failure to receive relevant rules, notices, prompts or other information due to incorrect e-mail address, mobile phone number, mailing address or other causes not attributable to Youhu shall not affect the legal validity of such information, and you shall be bound thereby. All consequences and liabilities arising therefrom shall be borne by you.
3. The Platform reserves the right to suspend or terminate the GO Service to you without prior notice if any of the following circumstances occurs:
(1) you are required by law to provide true information, but the personal information you provided is untrue, or inconsistent with the information provided at the time of registration without reasonable justification;
(2) you violate relevant laws and regulations or the provisions of this Agreement;
(3) in accordance with the requirements of judicial authorities or competent authorities as stipulated by laws and regulations;
(4) for security reasons or other necessary circumstances.
If you use paid services provided by the Platform but fail to pay the fees in full and on time, the Platform reserves the right to suspend, interrupt or terminate the provision of relevant services. You are responsible for backing up the data stored in the GO Service on your own. If your GO Service is terminated, the Platform reserves the right to permanently delete your data from the servers, unless otherwise stipulated by laws and regulations. After suspension or termination of the GO Service, the Platform shall have no obligation to provide or return any data to you.
IV. Governing Law and Jurisdiction
1. All contents of the Platform and matters relating to the conclusion, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws and regulations of the country where Youhu is registered.
2. Any dispute or controversy between you and the Platform shall first be settled through friendly consultation. If consultation fails, either party may submit the dispute to the Shanghai International Arbitration Center for arbitration in Shanghai in accordance with its then-effective arbitration rules. The arbitration tribunal shall consist of three arbitrators, and the arbitration language shall be Chinese. The arbitral award shall be final and binding upon both parties.
3. If any part of this Agreement is held invalid by a competent authority, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
4. If this Agreement is made in both Chinese and English versions and there is any inconsistency between the corresponding contents, the Chinese version shall prevail.
V. General Provisions
If you have any comments or suggestions regarding this Agreement or the GO Service, you may contact the customer service department of Youhu at: support@gameoptim.com. We will provide you with necessary assistance.
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