Youhu Technology (Shanghai) Co., Ltd. (hereinafter referred to as the “Youhu”) provides application performance optimization services and consulting for game/VR developers. Youhu shall provide the membership services (hereinafter referred to as the “GO Service”) based on www.gameoptim.com (hereinafter referred to as the “Platform”) in accordance with the Terms of Service (available at: https://www.gameoptim.com/#service), this User Agreement (hereinafter referred to as the “Agreement”) and the operating rules issued from time to time.
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Acceptance
Registered members of Youhu may obtain the Gears software service free of charge and the GOT online service upon payment, as detailed at: https://www.gameoptim.com/index.html#price.
If you agree to comply with this Agreement and the Terms of Service and are willing to pay the relevant technical service fees, you shall be entitled to membership benefits and receive membership services provided by the Platform. The services we provide may vary depending on your country or region.
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Provision of GO Service
To ensure you can enjoy Platform membership benefits after becoming a member, the Platform undertakes as follows:
After you submit documents meeting the Platform’s requirements and complete relevant operations in accordance with the Platform’s instructions (payment is also required for paid members), the Platform will immediately provide the GO Service you need.
Access to code and document data stored by users on the Platform (if any) requires direct user authorization (password, OAuth, etc.), so as to protect user data privacy to the maximum extent.
Platform operation and technical personnel have the right to view system and file operation logs for troubleshooting abnormal errors. All operations involving user privacy-sensitive information will be logged for audit purposes.
When users actively delete data or data needs to be destroyed upon expiration of services, the Platform will automatically clear disk and memory data on the corresponding servers to make such data unrecoverable.
Data stored on the Platform complies with local laws and regulations, and users have the right to be informed thereof.
When required by applicable laws and regulations, government supervision, security compliance, audits or forensic investigations, the Platform may provide information related tothe services used by users, including operation logs of key components, operation records of operation personnel, user operation records and other information, provided that applicable laws and regulations are observed and relevant procedures and formalities are completed.
For other relevant provisions, please refer to the Terms of Service on the Platform’s official website.
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Terms of Use and Disclaimer for AI Value-Added Services
AI value-added services provided by the Platform, including AI report interpretation and AI Q&A, generate and synthesize content by artificial intelligence, including but not limited to text generation (“AI Services”). Before using the AI Services, please read and understand the following carefully:
Since large models do not truly understand user input or the underlying risks and ethical issues behind it like humans, you must make independent judgments based on your actual situation when using content generated by the AI Services. Content synthesized by the AI Services shall not be regarded as internet news information and shall not replace professional advice from practitioners in relevant fields. All generated content is based on limited data used during training, is for your reference only, does not represent our position, attitude, commitment or opinion, and shall not be used as professional advice. Any consequences, losses and liabilities arising from your judgments or subsequent operations based on generated content, including risks arising from reliance on authenticity, accuracy, reliability, non-infringement, reuse or suitability for a particular purpose of generated content, shall be borne by you. Please use the AI Services prudently, rationally and in compliance with the law. We shall not be liable for any direct or indirect losses or risks arising from your reliance on the AI Services.
Content you generate using the AI Services shall be maintained by you, and you shall handle and be liable for any issues arising from such generated content. To protect your rights and ensure you and other users clearly understand the source and nature of content synthesized by the AI Services, you shall clearly mark that output content generated by this Service is AI-generated when you publish or disseminate such content to inform the public. If you publicly disseminate content generated by the AI Services, you shall be solely liable for any infringement, disputes and losses arising therefrom, and we shall not be liable therefor. You shall also compensate the Platform and its affiliates for any losses they suffer as a result.
Although we have made our best efforts in the services, due to the probabilistic generation of relevant content by AI models and technical bottlenecks inherent in the technologies on which the AI Services rely, we cannot guarantee that content generated by the AI Services is 100% accurate, complete, reliable, timely, safe, reasonable or fully consistent with your original intent or requirements. Nor do we guarantee that the functions of the AI Services will be available, uninterrupted, error-free, stable or free of failures. We shall not be liable therefor.
You understand and agree that we may modify, suspend or terminate the AI Services at any time due to business strategy adjustments or other needs without your consent or prior notice.
If you engage in any of the following acts when using the AI Services (or we have reasonable grounds to believe you have engaged or may engage in any of the following acts), we reserve the right to suspend or terminate part or all of the AI Services at any time without notice or your consent, and shall not be liable to you or any third party. All resulting losses shall be borne solely by you:
the personal information or materials you provide to us are untrue;
you violate laws and regulations, regulatory requirements, public order and good morals or the provisions of this Agreement;
You infringe or are suspected of infringing the intellectual property rights, name rights, reputation rights, honor rights, portrait rights, privacy rights, trade secrets or other legitimate rights and interests of others;
we suspend or terminate services in accordance with laws and regulations or requirements of judicial or regulatory authorities;
we have other reasonable grounds to suspend or terminate the provision of this product’s services.
title to content you generate using the AI Services belongs to you or the rightful owner of such intellectual property in accordance with the law. Your use of the AI Services shall not affect the ownership of the foregoing content or content generated by GO Service. Please comply with relevant laws and regulations when using such content.
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Service Compensation
If the services you purchased cannot be properly used and the promised GO Service cannot be completed due to design defects or improper operation of the Platform, you shall been titled to compensation. Compensation shall not apply to service unavailability, delayed services, loss of data information or records caused by:
maintenance conducted after the platform gives prior notice to users, including cutover, maintenance, upgrades and simulated fault drills; information network connection failures; computer, communication or other system failures; power failures;
failures of or inaction by third-party computer software, systems, hardware or communication lines on which the services rely;
network issues not directly controlled by the Platform, such as DNS services;
computer viruses, trojans or hacker attacks;
improper or negligent operations by you or your authorized users, or loss of your password;
orders or rulings of judicial or administrative authorities;
force majeure, war, strikes, unavailability of telecommunications, or failure to obtain services under the SLA;
other circumstances not caused by the Platform’s fault and beyond its control or reasonable foresight.
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Compensation Plan
The Platform will promptly provide the services you need after normal service is restored. The Platform will compensate you for direct economic losses suffered due to design defects or improper operation of the Platform, provided that the total compensation shall not exceed the total technical service fees you paid.
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Miscellaneous
The Platform reserves the right to adjust part or all of this Agreement as appropriate and promptly notify users of the revised content by announcement on the Platform’s official website, email or written notice.
The execution, interpretation and dispute resolution of this Agreement shall be governed by the applicable laws of the country where Youhu is registered (excluding its conflict of law rules). If any provision of this Agreement conflicts with applicable law, such provision shall be re-interpreted in full compliance with the law, and other valid provisions shall remain in effect.
Any dispute arising from your use of the Platform’s services during the performance of this Agreement shall be resolved through communication and negotiation between you and the Platform. If negotiation fails, both parties agree to 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 on both parties.
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