Welcome to use the vivo Developer Platform!

This vivo Developer Platform Service Agreement (this “Agreement”) is the agreement made between you and Lucky Crest Limited (“Lucky Crest”) with respect to the release of your Works on vivo Developer Platform (“Platform”, of which Lucky Crest owns the intellectual property rights and the legal rights to operate). Please read this vivo Developer Platform Service Agreement carefully to confirm that you have understood and accepted the same. Your use and continued use of vivo Developer Platform (“Platform”) and the services provided thereon or therethrough (“Service”) shall be deemed that you have agree to. If you do not agree to this Agreement, you shall not use the Service.

1.1 You will use the Service to develop, modify, upgrade, upload, post, commercialize, market, or otherwise commercially use (collectively, to “Utilize”, and “Utilization” in noun form) your programs, software, applications, products, and services used for and on vivo devices (“Works”). You agree that all the Utilization of your Works will be subject to all terms and conditions (including this Agreement) made with Lucky Crest and all relevant rules and policies implemented by Lucky Crest.

1.2 You agree that it is your own liability to Utilize your Works. Neither shall Lucky Crest nor any other vivo Developer be liable for any problem, result, or outcome with respect to your Works or for any of your failure to Utilize your Works.

2.1 You should register your account by logging into the vivo Developer Platform or through other channels designated by Lucky Crest to become vivo Developer. Once the account is successfully registered, the account name shall not be changed, and the account shall not be transferred, donated or inherited.

2.2 When you register your account, you should use the email address that you have the legal right to use, and comply with the relevant agreements, rules and other restrictions.

2.3 You shall not violate this Agreement by using your account for other purposes. Otherwise, Lucky Crest has the right to unilaterally restrict, suspend or terminate the provision of Service to you at any time, and you shall not use the Service again without Lucky Crest's consent.

2.4 The username and password you registered are the credentials for you to log in and use this Service. You shall take measures to ensure the confidentiality of your username and password, as well as the commands and passwords for entering and managing various products and services. All losses and consequences arising from the loss or leakage of the aforesaid commands and passwords due to improper confidentiality measures or other acts of yours shall be borne by yourself.

2.5 You warrant that all the actions you take on the vivo Developer Platform are your own behaviors or actions you authorized others to do but binding on you, including but not limited to the followings: registration of account, submission of qualification materials, confirmation and consent to relevant agreements and rules, selection of specific service categories, fee settlement and others. At the same time, you assume the legal liability for all the actions carried out with the registered account.

2.6 If you find someone else fraudulently using or stealing your account and password, or any other circumstances that are not legally authorized by you, you should immediately notify Lucky Crest in an effective manner (including but not limited to providing your identity information and related information, relevant facts and your requirements, etc.). Upon receipt of your valid request and verification of identity, Lucky Crest will take corresponding measures according to different circumstances. If the information you provided is incomplete, leading to Lucky Crest unable to handle it timely due to failure to verify your identity or judge your needs, etc., you shall bear the losses on your own. At the same time, Lucky Crest needs a reasonable time limit to take measures on your request. Lucky Crest shall not be liable for any loss caused to you by the actions of others before you notify Lucky Crest and Lucky Crest takes measures according to your effective notification.

3.1 You warrant that: (1) you have relevant legal qualifications to use the Service, access and operate the Works or provide relevant services or have been approved by relevant government authorities; (2) the information provided by you, including the subject qualification materials, relevant qualifications or certificates and any other documents, are true, accurate and complete, and will be updated timely upon change; (3) you have the ability to perform the obligations and behaviors hereunder; (4) your performance of relevant obligations and engaging in relevant acts does not violate any legal documents binding on you. Otherwise, you shall not use the relevant Services provided by Lucky Crest, and shall solely assume all the responsibilities arising therefrom and all losses caused to end users and Lucky Crest and/or its affiliates.

3.2 You warrant that you will submit the true and accurate subject qualification materials and the contact name, address, email and other relevant information necessary for the use of this Service in accordance with the applicable laws and/or Lucky Crest's requirements.

3.3 You warrant that the services provided through your Works on the Platform have been with relevant legal qualifications or with permission or approval from relevant authorities, and you will submit relevant qualifications or supporting documents to Lucky Crest.

3.4 You warrant that the services provided through your Works on the Platform are in compliance with the applicable laws and regulations, which do not violate any relevant laws and regulations and related agreements and rules, nor infringe on the legitimate rights and interests of any person. At the same time, you will provide the copyrights, patent rights and other relevant documents in accordance with the applicable laws, the agreement or as required by Lucky Crest.

3.5 Lucky Crest may request you to submit additional information and materials, for which you should cooperate.

4.1 We claim no ownership on any of your Works. However, you agree that once posted or otherwise made public or made available to others or end users, your Works may be visited, shared, downloaded, or otherwise used by others, as may be set by you. You further agree that Lucky Crest and/or its affiliates shall not be held responsible for disputes arising out of or related to such visiting, sharing, downloading, or using between you and others. Lucky Crest reserves the right to modify and edit your product classification, product introduction, screenshot, subhead of products, and make them correct and in line with the business rules of the Platform.You understand and agree that Lucky Crest have the right to compress your Works in order to promote your Works to a wider range of users without further consent from you.

4.2 You hereby irrevocably grant to Lucky Crest a non-exclusive, transferable, sublicensable, royalty-free, perpetual, and worldwide license to reproduce, publish, distribute, make digest or description of, publicly display and perform, combine, split, or otherwise use your Work and your identification information, in whatever form, for the use related to the Service or Lucky Crest’s business.

4.3 You hereby irrevocably grant to Lucky Crest a non-exclusive, transferable, sublicensable, royalty-free, perpetual, and worldwide license to use the LOGO, trademarks, name, pictures and other relevant materials of your Works for the purpose of this Agreement or advertising and/or promoting your Works or the Platform.

5.1 General Requirements

5.1.1 You acknowledge and agree that it is your own obligation and responsibility to warrant that you have all the necessary right, license, authorization, or certificate to Utilize your Works on and through the Platform, including without limitation, authorization from the right holder and license issued by government authority (if applicable). We retain the right to ask you to prove you have such right, license, authorization, or certificate, or to provide relevant valid information or document (e.g. your identity information or certification), at any time we deem proper or necessary.

5.1.2 You further represent and warrant your Works and the Utilize thereof will not:

You shall take all responsibility arising from the Violations. You hereby agree to indemnify and hold harmless Lucky Crest, any of its affiliates, and any director, officer, employee, agent, and consultant thereof from any and all losses, damages, claims, demands, actions, liabilities, costs, and expenses arising out of or related to the Violations. And Lucky Crest may immediately remove your disputed Work from the Platform if Lucky Crest finds your Violation on its own or according to the information of relevant authorities or complaints from the right holders, and Lucky Crest may provide your information to relevant authorities or right holders if necessary.

5.1.3 The Works that you provided via the Platform must be submitted to Lucky Crest for verification. Lucky Crest reserves the right to carry out a pre-release verification of all Works based on the product quality and product contents, according to its verification policy. In addition, Lucky Crest reserves the right to decide whether to permit the release of a Work. Lucky Crest has the right to remove your Works from the Platform, or suspend or cease distributing your Works at any time for any reason at Lucky Crest's sole discretion. Lucky Crest and its affiliates shall not bear any liabilities for consequences arising from end users' inability to access your Works or the termination or suspension of Services to you. And You understand and agree that, the verification on your Works conducted by Lucky Crest do not exempt you from taking responsibility for guaranteeing the lawfulness and non-infringement of the contents you uploaded, and do not mean that Lucky Crest will bear any legal liabilities for the verification results.

5.2 Costs and Fee

You agree that you will be responsible for all the cost and expenses occurred in your Utilizations. Some of Service may not be free of charge, and you acknowledge that if you do not pay the fees as requested, you may not be able to use or continue to use such part of Service. We retain the right to amend our fee policies from time to time.

5.3 Technical Requirements

You hereby represent and warrant that all your Works, when being public-available or available to others or end users, will be in compliance with all applicable technical requirements and standards.

5.4 Operation of the Works

You further represent and warrant that, once a Work of you is made available to end users (to “Operate”, and “Operation” in noun form), in order to constantly provide high-quality services with respect to such Work, you will need to:

5.5 Data Collection

5.5.1 We acknowledge that you may collect data or information from end users through one or more Works you Operate and you agree that we are not involved in your collecting or processing of data or information from end users through such Works and shall not be responsible for that, unless otherwise agreed. You further represent and warrant that:

5.5.2 Lucky Crest retains the right to ask you to delete such information or stop collecting any information.

5.6 User-generated Content

You shall be solely responsible for user-generated contents (including but not limited to messages, reviews, and names) during their use of your Works, and shall ensure that they do not violate any applicable laws, regulations, and policies. If any of the aforementioned content is published, you shall delete such content or take other reasonable measures without undue delay.

5.7 Charge of End Users

We acknowledge that you may charge end users through one or more Works you Operate. You agree that you will not:

5.8 Suspension, Limitation, and Cessation of Operation

5.8.1 In the case that you intend to cease your Operation of a Work, you agree that you will notify vivo intended cessation of Operation no less than fifteen (15) days in advance, and will not cease such Operation without consent by Lucky Crest.

5.8.2 You shall to notify end user of your intended cessation of Operation by sending them notice or post such notification in a timely manner.

5.8.3 In the case of Works through which you able to charge end users, you shall close all the payment channel no less than sixty (60) days prior to the date of intended cessation of Operation, and shall refund or indemnify end users for the amount paid for the interests not used upon cessation of Operation.

5.8.4 In the case that you intend to limit or suspend your Operation of a Work, you agree that you will get Lucky Crest’s prior consent and will notify end users intended limitation or suspension of Operation no less than fifteen (15) days in advance.

5.8.5 You agree that Lucky Crest shall not be responsible for any of your limitation, suspension, or cessation of Operation.

5.9 Online Games

If a Work you Operate is an online game, you warrant that:

5.10 You acknowledge and agree that all rights of the Platform data, end users’ data and any other data belong to Lucky Crest and/or its affiliates and the aforesaid data are Lucky Crest’s trade secrets, except the relevant rights held by end users according to applicable laws. Without Lucky Crest's prior written consent, you shall not use the aforesaid data for purposes other than those agreed hereunder, nor shall you provide the aforesaid data to any third party in any form. Once you stop using the Platform or Lucky Crest terminates your use of the Service for any reason, you must immediately delete all the data obtained from the Platform (including backups) and stop the use of data.

6.1 Lucky Crest may send notices to you on matters in relation with Service via page announcements or prompts on the Platform, e-mail, SMS, mail delivery, or online messages (such as internal message on the Platform). Once such information is published or sent by Lucky Crest in any of the aforementioned ways, it shall be deemed to have been delivered. If you do not accept it, please inform Lucky Crest in writing, otherwise it will be deemed that you have accepted and agreed. You could find the contact information of Lucky Crest on the Platform.

6.2 If you fail to receive the relevant rules, notices, prompts and other information due to the error of the e-mail address, mobile phone number and mailing address provided by you, all the consequences and responsibilities shall be borne by you and you agree to remain deemed to have received and be bound by the relevant information.

7.2 You understand that due to a Force Majeure Event, Lucky Crest’s periodically or irregularly overhauling, maintaining and upgrading the Platform or related equipment that provides the Service, or the particularity of network service, this Service may be interrupted or disrupted, and Lucky Crest shall not bear any liabilities for any consequences arising therefrom. If the Force Majeure Event continues, Lucky Crest reserves the right to terminate this Agreement or suspend the performance of any obligations hereunder and resume performance after a certain respite period. For the purpose of this Agreement, "Force Majeure Event" means any event which could not reasonably have been foreseen and avoided and is beyond a Party's control, including acts of God, sabotage, riots, fires, floods, epidemic, earthquakes, piracy, wars, typhoons, explosions, labour unrest, or labour shortage, strikes, freight embargoes, terrorism, nuclear incidents, computer viruses, trojans or other malicious programs, the destruction of hacker attacks, but does not include any lack of authorizations, licenses, or approvals by either Party, necessary for the performance of this Agreement.

8. Export Controls

8.1 Neither you, nor any of its officers, directors, shareholders, agents or employees is:

(i) listed in any list of designated persons maintained by the United States (including, without limitation, the list of “Specially Designated Nationals” as maintained by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”)), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets as maintained by Her Majesty’s Treasury), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of sanctioned persons maintained by an authority with jurisdiction over you (any person so listed being a “Restricted Person”);

(ii) organized in, operating from or resident in a country or territory that is the target of comprehensive sanctions (as of the date of this Agreement, Iran, Cuba, North Korea, Syria and the Crimea/Sevastopol region (“Sanctioned Territories”));

8.2 You represent and warrant that (i) by performing your obligations under this Agreement, it is in compliance with all applicable sanctions and export control laws and (ii) the Works either are not subject to export control or sanctions laws, including re-export restrictions under U.S. export control laws, or are granted required licenses, authorizations, or other approvals pursuant to all applicable sanctions and export control laws.

9.1 You acknowledge and agree that this Agreement is subject to the vivo Developer Account User Agreement you have entered into with Lucky Crest in your signing up as a vivo Developer (“Account Agreement”) and the Service provided hereunder constitutes part of the services provided under the Account Agreement. Thus, your using of the Service shall also be in accordance with the Account Agreement. And the provisions of Account Agreement shall apply with respect to your use of the Service in the absence of the provisions in this Agreement.

9.2 You acknowledge and agree that this Agreement may be modified by Lucky Crest from time to time. In such case, Lucky Crest will release the modified Agreement on the Platform or otherwise notify you at least fifteen (15) days before such changes take effect. In case that you do not agree with the above modification or change, you may terminate this Agreement or stop using the Services within aforementioned fifteen (15) days period. If you continue to use the Platform or Services, it shall be deemed that you have acknowledged and accepted the modified or changed Agreement.

9.3 You acknowledge and agree that Lucky Crest may transfer part or all of its rights and obligations hereunder to others upon prior written notice. If you do not agree with the aforesaid transfer of Lucky Crest, you have the right to stop using the Services hereunder. Otherwise, you shall be deemed to have accepted it.

9.4 You agree that to use the Service, you may need to enter into separate agreements for using some parts of the Service, and will comply with these separate agreements if you have entered into.

9.5 You hereby agree that, in the case that you are in breach of the terms and conditions of this Agreement, we will have the right to:

9.6 Lucky Crest may also terminate this Agreement and/or suspend or cease the Service provided to you (in whole or in part) as a result of termination of the Account Agreement, or your breach of the Account Agreement, whether with or without breaching this Agreement. Without prejudice to the foregoing, you acknowledge that Lucky Crest has the right to terminate this Agreement or the Services(part of or in whole) without a reason by sending you a written notice at least fifteen (15) days prior to said termination.

9.7 If this Agreement is terminated for any reason, you will, and Lucky Crest may, close your Account by deleting the data stored on your Account or generated from your use of the Services.

9.8 Unless otherwise expressly stipulated to the contrary by the laws of the jurisdiction of your residence, this Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of laws regulations. You agree that any dispute arising out of or related to this Agreement or the Service shall be settled through negotiation. Any dispute failing to be resolved through negotiation shall be submitted to the Shenzhen Court of International Arbitration (SCIA) for arbitration held in Shenzhen, China, unless otherwise provided by the laws of the country or region where you are located.

Given that the Partner will participate in the human resources cooperation (introduction of technical personnel or team support type of project) or software technology cooperation (commissioned design or development type, software product/SDK introduction type, channel marketing cooperation type, data computing cooperation type, infrastructure platform bearing type of project) with the vivo Mobile Communication Co., Ltd., in order to regulate the quality of the products and services provided by the Partner, ensure the software security and compliance, the Partner makes the following commitments for the cooperation it participates in:

4.1 The Partner has the corresponding software security development rule, information security management rule, data protection management rule and other security-related rules, and the software products provided comply with the rules of development and operation.

4.2 The Partner can provide security risk assessment reports and data compliance survey reports from professional third-party organizations for its software.

4.3 The Partner has the ability to respond positively to support the solving of the corresponding security issues when security issues arise in the provided software products to ensure the security of the software product development.

5. The services provided by the Partner meet the following requirements.

5.1 Software Security Requirements

5.1.1 The software product provided by the Partner shall not leave any form of malware including but not limited to backdoor programs, hidden/unidentified API, hidden commands/ports, debugging commands/ports, hidden/default account passwords, illegal operations without logging, etc.

5.1.2 The software products provided by the Partner must not leave any form of malicious code including virus, rogue software, spyware, bot software, mining software, code that intentionally affects performance, etc..

5.1.3 The software products provided by the Partner can effectively control the use of business functions and data is accessed by legitimate users based on the premise of authentication, eliminating the occurrence of unauthorized access and modification.

5.1.4 When there is external disclosure that Partner’s products are involved in security breach warning, the Partner needs to proactively notify the vivo within 24 hours, and provide a security version on time in accordance with 5.4 service response requirements to handle the security breach.

5.2 Environmental safety requirements

5.2.1 If the physical environment provided by the Partner is required to host the vivo's business, access to vivo-related business equipment and data storage should be limited to the Partner's personnel duly authorized in this letter, and the authentication authorization and access auditing capability of the local environment should be established and perfected by the Partner.

5.2.2 The IT environment that hosts the Partner's business should be effectively secured to prevent malicious acts such as interruption of the vivo's business, data theft and destruction due to the vulnerabilities related to the basic platform environment.

5.3 Intellectual property requirements

5.3.1 The software products provided by the Partner shall not be involved in disputes related to intellectual property rights and use of open-source protocol code that is prohibited for commercial use and/or has a contagious nature, and the Partner shall bear the losses caused by any legal disputes.

5.4 Service response requirements

5.4.1 Based on the service content provided by the Partner, the Partner will respond to the service request within 24 hours of the vivo's request for service (delayed for holidays).

5.4.2 If any security breaches are found in the software products provided by the Partner, Partner shall make their best efforts to fix the relevant breaches in a timely manner. Breach repair processing time limit shall not exceed the minimum time limit requirements for vivo's vulnerability repair, as follows.

6. If the Partner violates the above undertakings or causes security incidents, it shall compensate the vivo for all the losses suffered as a result, including but not limited to economic losses, attorney's fees, notary fees, reputation damage fees. At the same time, the vivo has the right to terminate the cooperation or request the Partner to make rectification.