FCloud User Service Agreement
(Hereinafter referred to as “This Agreement”)
This Agreement is entered into by and between you (“User”) and FCloud regarding the download, installation, registration, sign-up, use (collectively referred to as “Use”) of FCloud and related services (collectively referred to as “the Services”). To better provide you with services, please carefully read and fully understand This Agreement before starting to use FCloud (hereinafter referred to as “the Software”) and related services, especially terms involving exemption or limitation of liability, license granting and information use, consent to activate and use specific individual services, governing law and dispute resolution, etc. Important content such as terms regarding exemption or limitation of liability will be highlighted in bold to draw your attention, and you should read these sections carefully. If you are under 18 years of age, please read This Agreement carefully and thoroughly in the presence of your legal guardian, and use FCloud and related services only after obtaining the consent of your legal guardian.
If you do not agree to This Agreement, this will prevent FCloud from providing you with complete products and services, and you may also choose to stop using FCloud. By completing all registration procedures after filling in the information as prompted on the registration page, reading and agreeing to This Agreement, OR by completing all startup procedures after filling in the information as prompted on the software startup page, reading and agreeing to This Agreement, OR by actually using the Services in any other manner permitted by FCloud, you are deemed to have fully read, understood, and accepted all contents of This Agreement, and This Agreement shall become legally binding. You promise to accept and abide by the terms of This Agreement. At that time, you may not claim that This Agreement is invalid or request its revocation on the grounds that you have not read the content of This Agreement or have not obtained answers from FCloud to your inquiries.
The content of This Agreement includes the main body of This Agreement and all privacy policies, various policies, rules, statements, notices, warnings, prompts, and explanations (hereinafter referred to as “Rules”) that FCloud has published or may publish in the future. The aforementioned Rules are an integral part of This Agreement and have the same legal effect as the main body of the Agreement.
FCloud has the right to modify or supplement This Agreement and related Rules as needed. The modified or supplemented content shall form part of This Agreement. The amended agreement and rules will replace the original agreement and rules and take effect automatically upon publication (via the FCloud official website or client software). When using FCloud and related services, you should promptly check and understand the amended agreement and rules. If you do not agree to the relevant changes, you should immediately stop using FCloud. Your continued login or use of FCloud and related services will be deemed as your acceptance of the amended agreement and related Rules.
FCloud provides various forms of service software such as FCloud computer clients and mobile clients (subject to what FCloud provides). FCloud will continuously enrich the terminals and forms through which you use the Services. If you have registered and used one form of the service, you may use other versions of the service with the same account. This Agreement and related Rules automatically apply to your use of all versions of FCloud software and services.
If you are acting on behalf of an organization rather than yourself, your registration, login, and use of this Software and/or Services will be deemed as your full authorization to represent that organization in agreeing to This Agreement and related Rules, as well as any modifications and supplements thereto made from time to time.
1. Account Terms
1.1 You must have full civil capacity for conduct and civil rights capacity to use the Services. If you are under 18 years of age, please read This Agreement carefully and thoroughly in the presence of your legal guardian, and use FCloud and related services only after obtaining the consent of your legal guardian. If you are not the aforementioned eligible subject but still proceed to conclude This Agreement, any losses and consequences arising from the use of the Services shall be borne solely by you (and your guardian).
1.2 In accordance with the provisions of relevant national laws and regulations, to use certain functions of FCloud and related services, you must fill in accurate and true company name, personal name, email address, mobile phone number, and any other information required at the time of registration as prompted by FCloud. You must also ensure timely updates to the above registration information when it changes and ensure the validity and legality of the updated information. If the materials you submit or the information you provide are inaccurate, untrue, non-compliant, or if FCloud has reason to suspect the information is erroneous, false, or illegal, FCloud has the right to refuse to provide you with the relevant functions, and you may not be able to use FCloud and related services or may have partial functions restricted during use.
1.3 You understand and承诺 (chéngnuò -承诺 typically means “promise/undertake” in this context, but “acknowledge and agree” might be more natural in EN legal text) that the account you set up does not violate national laws, regulations, or the company’s relevant rules. Your account name, avatar, profile, and other registration information and personal information must not contain illegal or harmful information. You may not open an account in the name of another person without their permission (including but not limited to impersonating another person’s name, appellation, trade name, avatar, or in any other way that may cause confusion), and you may not maliciously register FCloud accounts (including but not limited to frequent registration, batch registration of accounts, etc.). FCloud has the right to review the information you submit. You must comply with relevant laws and regulations during account registration and use, and must not engage in any acts that infringe upon national interests, harm the legitimate rights and interests of other citizens, or violate social morals. Otherwise, FCloud has the right to restrict or ban your account on the Software, and suspend or terminate part or all of the service functions. In such cases, FCloud will not bear any responsibility towards you.
1.4 Your account may only be logged into and used by you personally. Without the written consent of FCloud, it is prohibited to gift, lend, rent, transfer, sell, or otherwise permit others to use the account in any form. Depending on the purchased service content, you may add multiple sub-accounts within the scope permitted by This Agreement and relevant business rules. You know and agree that any disputes between you and the sub-account user or between sub-account users shall be resolved and borne by you and/or the relevant parties themselves, and have nothing to do with FCloud; FCloud will not intervene in the handling of such disputes, nor will it bear any responsibility to you or any relevant party.
1.5 You are responsible for maintaining the security of your registered FCloud account and password, and you bear full legal responsibility for all activities conducted under the registered account name. FCloud will not be liable for any losses or damages resulting from your failure to comply with this security obligation due to reasons attributable to you, such as loss or disclosure of your account or password.
1.6 You may only use the Services for your own operational purposes (or for the internal purposes of the organization if you are using it on behalf of an organization). You must not use the Services for any illegal or unauthorized purpose, including but not limited to providing the Services or any part thereof to any third party in any manner for profit or non-profit purposes, and must not use the Services to engage in any activities that are illegal or infringe upon the intellectual property rights or other legitimate rights and interests of third parties.
1.7 You must comply with all applicable laws and regulations and the provisions of This Agreement and business rules during your use of the Services, and must not engage in any illegal activities, violations of This Agreement, or infringements of third-party rights and interests. You shall bear corresponding legal liabilities for all activities under your account.
2. FCloud and Related Services
2.1 Before using FCloud and related services, you can obtain the FCloud client application through FCloud, download methods provided by authorized third parties of FCloud, etc. If you obtain FCloud and related services not from FCloud or an authorized third party of FCloud, FCloud cannot guarantee that the non-official version of FCloud and related services can be used normally, and any losses you suffer as a result are unrelated to FCloud.
2.2 To ensure the security of FCloud and related services and enhance user service, after part or all of FCloud and related services are updated, FCloud will, where feasible, notify you in an appropriate manner (including but not limited to system prompts, announcements,站内信 (zhàn nèi xìn -站内信 means “station letter” but typically translates to “in-app message” or “site mail”), etc.). You have the right to choose whether to accept the updated version; if you choose not to update, some functions of FCloud and related services may be restricted or may not function properly.
2.3 You need to prepare the terminal equipment (such as computers, mobile phones, or other internet access devices) related to the software and services yourself for using FCloud and related services. To fully realize all functions of FCloud, you need to connect your terminal device to the internet, and you are responsible for the associated costs (such as data fees, internet access fees, etc.).
2.4 You can start using FCloud and related services without registration, but some functions or services may be affected without registration. At the same time, you also understand that to enable you to better use FCloud and related services and protect your account security, certain functions and/or certain individual service items will require you to provide real identity information for real-name registration and login as required by relevant national laws and regulations before they can be used.
2.5 The basic functions of this Software are free. Basic functions only include 4 modules: Environment Management, Proxy IP Management, Member Management, and Cost Management. This Software supports wallet account top-ups. All payments must be completed through a valid bank card/credit card/Alipay/WeChat Pay account, etc.
2.6 You can subscribe to FCloud VIP services (hereinafter referred to as “VIP Services”). If you need to subscribe to VIP Services, please read the rules or service agreement on the relevant VIP service page and choose to subscribe to the relevant VIP service according to your needs. Your subscription to VIP Services indicates that you have read, understood, and agreed to the service terms of the VIP Services. VIP Services are chargeable services we provide. You must pay the corresponding fees according to the fee standards of the VIP Services before you can use them. After payment is completed, you may not transfer them without reason or request a refund. VIP Services support automatic renewal. We will automatically deduct the service fee for the next subscription period from your account balance before 24:00 on the expiry day of your current subscription period. You can cancel automatic renewal at any time. If you do not cancel the automatic renewal function before 24:00 on the expiry day of the subscription period, it will be automatically renewed and payment will be deducted. If you subscribe to VIP Services and complete the payment, and VIP Services are terminated due to reasons attributable to FCloud, FCloud’s obligation is limited to refunding the portion of the fee you have paid corresponding to the unused VIP service period.
2.7 FCloud reserves/holds the right to set some services as chargeable services. If FCloud activates any chargeable service and you choose to use that chargeable service, you need to pay the corresponding fees yourself. For chargeable services, FCloud will give you a clear prompt before you use them. Only after you confirm your willingness and pay the relevant fees according to the prompt can you use such chargeable services. If you refuse to pay the relevant fees, you may not be able to use such chargeable services.
2.8 Under the premise that you agree and accept all terms of This Agreement, FCloud agrees to grant you a revocable, alterable, non-exclusive, non-transferable, and non-sublicensable right to use FCloud and related services for personal use purposes only. All other rights not expressly granted by This Agreement are reserved by FCloud. You must obtain separate written permission from FCloud before exercising such rights. FCloud’s failure to exercise any of the foregoing rights does not constitute a waiver of those rights.
3. Service Suspension and Termination
3.1 You understand and agree that the FCloud and related services provided by FCloud are provided based on the current state of existing technology and conditions. FCloud will make its best efforts to provide you with services and ensure the continuity and security of the services. You understand and agree that FCloud cannot always foresee and prevent technical and other risks, including but not limited to force majeure, network reasons, third-party service defects, third-party website reasons, etc., which may lead to service interruptions, inability to use FCloud and services normally, and other losses and risks. FCloud shall not be liable for any losses and risks caused by such reasons.
3.2 You understand and agree that to ensure the business development of FCloud, FCloud reserves the right to change (including but not limited to upgrading, updating, adding, reducing, etc.) and to interrupt or terminate the provision of FCloud and related services at any time. If necessary, FCloud will make announcements through system bulletins, notices, or methods deemed appropriate by FCloud. Please pay attention and check promptly to understand the relevant situation.
3.3 If you violate the provisions of laws and regulations, or if any third-party infringement complaint occurs, FCloud will have the right to restrict or ban your account on FCloud, and suspend or terminate part or all of the service functions, and has the right to demand compensation from you for all losses caused to FCloud thereby. All consequences arising from such illegal or infringing acts shall be borne solely by you. You understand and agree that termination of the Services will lead to the termination and deletion of your account and all content and information therein.
4. Service and Price Revisions
4.1 In order to provide you with better services or due to changes in national laws and regulations, policy adjustments, technical conditions, product functions, etc., FCloud will revise this agreement in a timely manner, and the revised content shall constitute an integral part of this agreement. Once there are changes to the terms of this agreement, FCloud will issue an updated version and remind you through system announcements, notifications, or other means deemed appropriate by FCloud. When you use FCloud and related services, you should promptly review and understand the revised content. If you continue to log in or use FCloud and related services, it will be deemed that you acknowledge and accept the revised terms of the agreement; if you have objections to the revised terms of the agreement, please immediately stop logging in or using FCloud and related services.
4.2 The operating company of FCloud has the right to unilaterally decide, arrange, or designate its affiliates, controlling companies, successor companies, or recognized third-party companies to continue operating FCloud based on the needs of FCloud and related services or operations. Furthermore, certain services involved under this agreement may be provided to you by the affiliates, controlling companies, successor companies, or recognized third-party companies. By acknowledging and agreeing to accept the relevant service content, you are deemed to accept the relevant rights and obligations and are also bound by this agreement.
4.3 FCloud reserves the right to change, upgrade, modify, transfer, suspend, or terminate the service or any part thereof and its related functions and application software at any time at its sole discretion. You agree that FCloud shall not be liable to you or any third party for the aforementioned actions.
4.4 FCloud reserves the right to adjust the types, forms, and fee standards of the services provided at any time based on actual circumstances. Any changes in the prices of all services will be notified by FCloud. FCloud may do so via push notifications, email, official website announcements, or by changing the FCloud software or service itself. Your continued access to this Software and/or use of the Services shall be deemed as your acceptance of the changed services and prices. You agree that FCloud shall not be liable to you or any third party for the aforementioned actions.
5. User Information Content and Legality Rules
5.1 You shall ensure the legality of any content uploaded, stored, or accessed during your use of this Software and Services, ensuring that the content does not violate any laws or regulations, does not violate public order and good customs, and does not infringe upon any third party’s intellectual property rights or other legitimate rights and interests. Any disputes related to intellectual property or other disputes concerning the content you upload, store, or access shall be resolved by you and the relevant parties, who shall bear all responsibilities. This is unrelated to FCloud. If FCloud suffers any losses as a result, you agree to provide full compensation. If FCloud receives any complaint or objection regarding the legality or ownership of the content of this Software/Services, it has the right to delete the relevant content without notifying the user.
5.2 During your use of FCloud Software and Services, FCloud has the right to review the content you upload, store, access, or send. If any third party raises any objection to any of your content, or if FCloud believes that any of your content is suspected of being illegal, violating This Agreement, infringing upon third-party rights, containing any impropriety, or potentially affecting the rights of other users or third parties, FCloud has the right (but not the obligation) to refuse or delete any content at its sole discretion and shall not bear any responsibility. You must indemnify FCloud for all costs incurred and losses suffered due to any claims, demands, requests, or lawsuits brought against FCloud by a third party arising from the aforementioned circumstances.
5.3 FCloud reserves the right to remove, at any time, content and accounts that it deems to contain illegal, offensive, threatening, defamatory, slanderous, obscene, pornographic, or any other inappropriate information. Additionally, FCloud may remove any content and accounts that it believes violate legal regulations, breach this agreement, may cause harm or damage to any of its users, employees, or third parties, or that it deems may have any other adverse effects. When using FCloud software and services, you must not disseminate any worms, viruses, or any destructive code.
5.4 When using content provided by other users or third parties through this Software and Services, you should obtain permission or consent from the content provider in advance. Your failure to comply with the above usage rules will result in liabilities and third-party losses being borne solely by you, and are unrelated to FCloud. If losses are caused to FCloud, you must also compensate FCloud for all losses.
5.5 When using FCloud and related services, you shall not engage in the following behaviors: (1) modify, translate, annotate, adapt, organize, or interpret FCloud; (2) Copy, reproduce, disseminate, and display all or part of FCloud’s programs, user manuals, and/or other graphic, audio, and video materials; (3) Analyze, modify, attack, or derive FCloud through reverse engineering, decompilation, disassembly, or any other means; (4) Detecting, intercepting, obtaining, and using FCloud source code and/or any information stored in FCloud through any means; (5) Delete, obscure, or modify any copyright, trademark, or other intellectual property statements of FCloud or any third party; (6) Delete, mask, or modify any information displayed on FCloud; (7) Taking advantage of possible technical defects or vulnerabilities in FCloud to seek personal or others’ benefit in any form or engage in other improper behavior; (8) Using any means or methods to attempt to attack servers, routers, switches, and other devices that provide FCloud and related services, in order to illegally obtain or modify unauthorized data, affect the normal order of FCloud services, and other harmful purposes; (9) Any form of destruction or interference with FCloud and related services, malicious destruction of FCloud, disruption of normal service order, intentional dissemination of malicious programs or viruses, and other acts of destruction or interference with normal network information services; (10) Create, publish, disseminate, and use any form of auxiliary tools or programs that hinder FCloud and related services; (11) Malicious registration (including but not limited to frequent and bulk registration), theft or use of others’ accounts or passwords to log in/use FCloud; (12) Other behaviors that affect the FCloud brand image or company interests.
5.6 When using FCloud and related services, you shall not engage in intrusion, destruction, fraud, posting illegal remarks, or any other behaviors that violate the law. Additionally, you shall not create, upload, download, disseminate, or browse any content that: (1) opposes the basic principles established by the Constitution; (2) endangers national security, divulges state secrets, subverts state power, or undermines national unity; (3) harms national honor and interests; (4) incites ethnic hatred, ethnic discrimination, or undermines ethnic unity; (5) undermines national religious policies, promotes cults and feudal superstitions; (6) spreads rumors, disrupts social order, or undermines social stability; (7) spreads obscenity, pornography, gambling, violence, homicide, terrorism, or instigates criminal activities; (8) insults or defames others, infringing upon their legitimate rights and interests; (9) contains other content prohibited by laws and administrative regulations.
5.7 During your use of FCloud and related services, you are prohibited from engaging in the following activities: (1) any form of spam: such as posting a large number of emails/message boards/comments/messages and pictures; (2) any form of ad fraud or click fraud: such as telecommunication fraud; (3) disguising, impersonating, or deceiving to achieve illegal purposes; (4) posting illegal comments or manipulating rankings on social platforms (such as Weibo, WeChat, Tiktok, Xiaohongshu, etc.); (5) any other activities suspected of violating laws and regulations.
If FCloud has reason to believe that your behavior violates or may violate the above provisions, FCloud may independently judge and handle the situation, and has the right to delete relevant content, terminate the provision of the Services to you, disable your account without prior notice, and pursue relevant legal responsibilities.
6. Intellectual Property
6.1 FCloud legally enjoys all legal rights (including but not limited to intellectual property rights) to the content provided in FCloud and related services (including but not limited to appearance design, applications, source code, software, technology, programs, web pages, text expressions and combinations, pictures, images, charts, icons, graphic ornaments, icons, audio, video, color combinations, interface design, layout framework, application programming interfaces and related data, printed materials, electronic documents, etc.). All copyrights and all other intellectual property rights upon which FCloud provides FCloud and its related services belong to FCloud. Without the prior written permission of FCloud, no one may use them in any unauthorized way, including but not limited to reproduction, copying, distribution, exhibition, adaptation, compilation, publication, dissemination, or sale of any part of the HTML/CSS, JavaScript, or visual design elements and concepts of the service. Without the prior written consent of FCloud, you may not implement, utilize, transfer, or license others to implement any of the aforementioned intellectual property rights or any part thereof for any purpose.
6.2 The “FCloud”, “FCloud” logo (graphic), and/or other product and service标识 (biāozhì -标识 means “marks/signs”) of FCloud reflected in FCloud and related services are trademarks or registered trademarks of FCloud and its affiliated companies in China and/or other countries/regions. They may not be used without the legal authorization of FCloud.
6.3 FCloud and its affiliated companies own patent rights, trademark rights, copyrights, and other intellectual property rights related to FCloud and related services. The provision of FCloud and related services to you by FCloud and its affiliated companies does not constitute the grant of any intellectual property rights related to FCloud, its affiliated companies, FCloud, or any other aspect related to FCloud to you.
6.4 You understand and agree that for any information and content you upload, publish, or disseminate through FCloud and related services (whether this function to provide/publish such information/content is available and when it is provided is determined solely by FCloud), you grant FCloud a worldwide, free, perpetual, non-exclusive, irrevocable authorization and license. FCloud has the right to use, or authorize third parties to use, reproduce, adapt, compile, publish, translate, create derivative works based thereon, disseminate, perform, and display such information and content in whole or in part, and/or incorporate all or part of such content into any works, services, or technologies of FCloud and/or its affiliated companies.
6.5 All rights not expressly granted to you under This Agreement are reserved by FCloud and its affiliated companies.
7. Disclaimer
7.1 You agree that FCloud provides the services solely on an “as is” and “as available” basis. FCloud warrants that the Services provided will match the corresponding service descriptions and the service commitments published by FCloud from time to time. Apart from the above warranty, FCloud makes no other express or implied warranties regarding FCloud and related services, including but not limited to not warranting: (1) that FCloud and related services will meet your specific requirements or needs; (2) that FCloud and related services will be uninterrupted, timely, secure, or error-free; (3) the accuracy or reliability of results obtained from using FCloud and related services; (4) that any errors in FCloud and related services will be corrected.
You know and agree to the above status of this Software and services and agree to bear all risks of using this Software and services yourself.
7.2 You know and agree that FCloud is not responsible for any content you may come into contact with through FCloud and related services. You agree to use the Services at your own risk.
7.3 Based on the open nature of the internet, you know that uploading images, information, or any materials to the internet may be copied, reprinted, misappropriated, or used for other illegal purposes by other organizations or individuals. You must be fully aware of the existence of such risks. You expressly agree that the risks inherent in using this Software and the services under This Agreement will be entirely borne by yourself. Liability and losses arising from third-party infringement shall be pursued by you against the third party. FCloud need not bear any responsibility to you in this regard.
7.4 Under no circumstances shall FCloud be liable for inability to access, delays, stagnation, or errors in information and data, or failure or delay in providing the Services due to internet connection failures, communication or other system failures, hacker attacks, viruses, power failures, strikes, labor disputes, riots, insurrections, disturbances, fires, floods, storms, explosions, force majeure, war, government actions, orders from international or domestic courts, omissions of any third party, or any other reason not reasonably within FCloud’s control.
7.5 You understand and agree that This Agreement aims to ensure compliance with national laws and regulations, maintain public order and good customs, and protect the legitimate rights and interests of users and others. FCloud will make its best efforts within its capabilities to make judgments in accordance with relevant laws and regulations, but does not guarantee that FCloud’s judgments will be completely consistent with those of judicial or administrative organs. You understand and agree to bear the consequences arising therefrom yourself.
7.6 Regardless of foreseeability, and regardless of the form of action or inaction from which it arises, FCloud shall not be liable for any special, indirect, punitive, incidental, or any other damages (including but not limited to loss of profits or interest, leakage of your privacy, leakage or misuse of your personal data, etc., failure to fulfill any duty including good faith or reasonable care, negligence, and any other monetary losses or other losses caused for any other reason). Unless otherwise expressly stipulated by laws and regulations, FCloud’s total liability to you, regardless of the cause or manner of action, shall never exceed the fees (if any) you have paid to FCloud during your use of FCloud and related services.
7.7 You know and agree that FCloud shall not be liable for any inability to access (use) related services or data loss resulting from your failure to pay service fees or arrears in service fees.
8. Breach Handling
8.1 FCloud has the right to review and supervise your use of FCloud and related services. If you violate laws, regulations, relevant policies, This Agreement, or other service terms, or if FCloud judges that user account data is abnormal, FCloud has the right to require the user to correct it or directly take necessary measures as the situation warrants (including but not limited to pre-warnings, refusal to publish, immediate cessation of information transmission, deletion of content or comments, short-term prohibition of publishing content or comments, restriction of part or all of the user account functions, restriction/suspension/termination of the user’s activities/permissions in FCloud and related services, termination of the authorization to use FCloud and related services, forced offline, account blocking, alteration or deletion of user-related information content, etc.). FCloud shall not be liable for any consequences resulting from your inability to use the account and related services normally or to normally obtain assets or other权益 (quányì -权益 means “rights/interests”) within your account. FCloud has the right to announce the handling results and has the right to decide whether to restore the use of the relevant account based on the actual situation. For acts suspected of violating laws, regulations, or suspected illegal crimes, FCloud will keep relevant records and has the right to report to the relevant competent authorities in accordance with the law, cooperate with investigations by relevant competent authorities, report to public security organs, etc. FCloud has the right not to restore deleted content.
8.2 If your violation of laws, regulations, relevant policies, this Agreement, or other service terms leads to complaints or litigation claims from third parties, FCloud has the right to take all legal and reasonable measures upon receiving notice from the rightful party or relevant parties. You shall handle all claims raised by third parties on your own and bear all legal responsibilities that may arise therefrom. If your illegal, infringing, or breaching actions result in FCloud, its affiliates, controlling companies, or successor companies compensating any third party or being punished by state authorities, you shall also fully compensate FCloud, its affiliates, controlling companies, and successor companies for all direct and indirect losses incurred as a result (including but not limited to economic losses, loss of goodwill, appraisal fees, evaluation fees, notary fees, penalty fees, attorney fees, arbitration fees, litigation fees, preservation fees, guarantee fees, damages, and other expenses).
9. Governing Law and Jurisdiction
9.1 The formation, validation, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China (excluding Hong Kong, Macao, and Taiwan). If any provision of this Agreement is invalid or unenforceable due to conflict with the laws of the People’s Republic of China, such provisions shall be interpreted and applied as closely as possible to the original intent of this Agreement, without violating the law, and the other provisions of this Agreement shall remain fully effective and valid.
9.2 The place of signing This Agreement is the High-tech Zone, Zhuhai City, Guangdong Province, People’s Republic of China. If any dispute arises between you and FCloud, both parties shall strive to resolve it through friendly negotiation. If negotiation fails, you agree to submit the dispute to the Zhuhai International Arbitration Court for arbitration in accordance with its then-effective arbitration rules.
10. Miscellaneous Provisions
10.1 All notices sent by FCloud to you under This Agreement may be issued by FCloud in any of the following ways: (1) sent via push notifications, email, official website announcements, etc.; (2) sent by email to the electronic mailbox you provided to FCloud at registration or when changing your information thereafter (deemed delivered upon sending).
10.2 If any term of This Agreement is judged to be wholly or partially invalid or unenforceable for any reason, such invalid or unenforceable term shall be replaced by a valid and enforceable term that comes closest to the intent of the original term, and the remaining terms of This Agreement shall remain in full force and effect.
10.3 FCloud’s failure or delay in exercising any right, power, or privilege under This Agreement shall not be deemed a waiver thereof, and the exercise of any single or partial right, power, or privilege shall not preclude the exercise of any other or further exercise of that or any other right, power, or privilege under This Agreement.
10.4 You and FCloud are independent entities. Under no circumstances does This Agreement constitute any form of express or implied guarantee or condition by FCloud and its affiliated companies to you, nor does it constitute an agency, partnership, joint venture, or employment relationship between the parties.
10.5 The final interpretation right of This Agreement belongs to FCloud.
