User Service Agreement

Welcome to use AGORA VIDEO CALL (this "Beta Product"), This Beta Product is a test product provided by AGORA for the purpose of internal communications, and testing this Beta Product’s functionality, performance and usability only. This Beta Product is provided neither for commercial nor for public use.

If you’d like to test this Beta Product, you’re welcome to download, install and use it. AGORA hereby grants you a world-wide and royalty-free license to use this Beta Product. This Beta Product is provided "as is" without any express or implicit warranty, including but not limited to guarantees of suitability, suitability for specific purposes, and non-infringement. Whether it is due to any contract, infringement or other forms of conduct related to this Beta Product or the use of this Beta Product or otherwise, AGORA shall not be liable for any claims, damages or liabilities arising out of or related to your use of this Beta Product.

In order to safeguard your rights and interests, please read all the contents of this User Service Agreement (hereinafter referred to as “this agreement”) in detail, especially the part in bold, before using the services.

The contents of the agreement include the text of the agreement, other agreements hereinafter explicitly referred to in this agreement and various rules that may be released in the future. All rules are an integral part of this agreement and have the same legal effect as the text of the agreement. Unless otherwise expressly stated, the provided services you use are subject to this agreement.

In these terms and conditions, “AGORA”, “we”, “our” and the similar appellations refer to Shanghai Zhaoyan Network Technology Company Limited, a Chinese company.

Article 1 Definition

AGORA VIDEO CALL is software launched by AGORA for the purpose of internal communications (“the services”), and testing this Beta Product’s functionality, performance and usability only.

Article 2 Revision of User Service Agreement

AGORA has the right to modify this agreement and relevant service terms by issuing announcements on AGORA VIDEO CALL and by other reasonable means when necessary. When using AGORA VIDEO CALL, you should consult and understand the modified contents in a timely manner, and consciously comply with the relevant contents of the service terms. If you continue to use AGORA VIDEO CALL, you are deemed to have agreed to the modified contents. In case of relevant disputes, the latest service terms shall prevail; you have the right to stop using the services covered by the service terms if you disagree with the modified contents.

Article 3 Alteration or suspension of services

AGORA is constantly altering and improving the services. AGORA may add or delete some services, or suspend or completely stop the services. You agree AGORA to exercise the above rights without assuming any liability to you or any third party.

Article 4 Account use rules

4.1. You need to log in to your account before using the online audio and video interactive functions provided by AGORA VIDEO CALL.

4.2. You confirm that you are a natural person, legal person or other organization with full capacity for civil rights and full capacity for civil conduct, and are able to solely bear liability for all your acts when using the services provided by AGORA. If you are not an eligible subject as mentioned above or you are a minor under the age of 18, please read the service terms when being accompanied by your guardians and use the services after obtaining their consent to your use of the services and the service terms; we have the right to claim compensation against your guardians when we require you to bear the responsibility in accordance with the laws or this agreement.

4.3. The account name, profile photo, personal profile and other account information data you log in to, use and fill in when using the services shall comply with the seven bottom lines, namely laws and regulations, socialist system, national interests, citizens’ legitimate rights and interests, public order, social ethics and authentic information of People's Republic of China(“PRC”). The account information data shall not contain any illegal and malicious information; you guarantee that the account information data you fill in, log in to and use are not under the following circumstances:

(1) Violating the provisions of the Constitution or laws and regulations of PRC;

(2) Endangering national security, divulging state secrets, subverting state power and undermining national unification;

(3) Harming national honor and interests or public interests of PRC;

(4) Inciting national hatred and discrimination and undermining national unity;

(5) Undermining state religious policies and propagating cults and feudal and superstition;

(6) Spreading rumors, disturbing social order and undermining social stability;

(7) Spreading obscenity, pornography, gambling, violence, murder and terror or abetting crimes;

(8) Insulting or slandering others and infringing upon the legitimate rights and interests of others;

(9) Containing other contents prohibited by laws and administrative regulations of PRC.

4.4. If the profile photo and other account information data you log in to and use contain any illegal and malicious information, AGORA has the right to take measures including sending notices for correction within a prescribed time limit and suspending your use of the account. AGORA has the right to cancel the use of account and report to the competent government department if anyone is found to have logged in to account name and used photo by personating affiliated institutions or social celebrities.

4.5. You should take good care of your account and password. In case of any damage caused to yourself, AGORA or any third party due to your failure to take good care of your account and password, you shall solely assume the full liability. In addition, you shall be fully liable for all actions and events in your account. You can change your account password at any time. You agree to inform us immediately if you find any illegal use of your account or security vulnerabilities, and we will try our best to fix them properly.

Article 5 Data

Unless otherwise proved, the data stored by AGORA in its server are the only valid evidence to prove you use AGORA VIDEO CALL service.

Article 6 Rules of using AGORA VIDEO CALL

6.1. You shall assume legal liability for your acts in the process of using AGORA VIDEO CALL. The forms of legal liability to be assumed by you include but are not limited to: compensating the aggrieved parties; after AGORA first bears the administrative penalty or the liability for compensation for tort damage caused by your acts, you shall compensate the same amount to AGORA.

6.2. You may not use the Service in any illegal, abusive, or other manner that interferes with the business or activities of AGORA or any other party. You may not incorporate or use the Service in connection with your product if your product or any of the content, services, or advertising available on your product (or if your use of the Service otherwise):

(a) uses the Service in a manner that is directed to children (under the age of 18, or other age as stipulated by the laws where you conduct your business);

(b) uses the Service in, or to develop, a product or service that delivers separate, stand-alone functionality substantially similar to the Service;

(c) transmits, stores or otherwise processes any material that contains adult content or entertainment or anything that violates the Provisions on the Cyber Protection of Children's Personal Information (or similar regulations in the applicable jurisdiction), including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;

(d) offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;

(e) transmits, distributes, or promotes materials, content or communication from a hate group or is exploitive, abusive or hateful;

(f) promotes, encourages or facilitates any illegal activity, violates the law, regulations, governmental orders, supervisory requirements, industry standards or guidance in any applicable jurisdiction (“Applicable Laws”) or violates the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality);

(g) takes any action or transmits any material that constitutes, promotes or is used for illegal activities;

(h) uses the Service in a way that constitutes or promotes, or for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials;

(i) promotes illegal drugs, violates export control laws, or relates to illegal arms trafficking; or

(j) is otherwise illegal or solicits conduct that is illegal or otherwise make the Service illegal in the regions where you or AGORA conducts business.

6.3. You shall be responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages, or other materials (“Content”) that you or any of your end users upload, post, publish, display, share, store, transmit or otherwise use (hereinafter collectively, “Transmit”) in connection with the Service. Without limiting the foregoing, you shall not (nor shall you allow any third party to) knowingly or with reason to know to use the Service to:

(a) Transmit any Content that: is unlawful, harassing, tortious, defamatory, pornographic, libelous, or invasive of another’s privacy; you do not have a right to Transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person, including Agora; infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or in the sole judgment of Agora, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, which may subject Agora to legal liability or regulatory requirements that are not aware of by Agora or that are not commercially reasonable for Agora to take, or which may expose Agora or its users to any harm or liability of any type;

(b) interfere with or disrupt the Service or servers or networks connected to the Service, including by consuming a disproportionate share of the resources of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(c) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

(d) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or

(e) violate any Applicable Laws.

6.4. If AGORA finds or receives reports or complaints from others about your violation of this agreement, AGORA has the right to review and delete the relevant contents, including but not limited to user data and published contents, at any time without prior notice, and impose penalties on the illegal account according to the severity, including but not limited to warning, account blocking, device blocking and function blocking, and notify you of the treatment results.

6.5. You have understood and agreed that AGORA has the right to provide necessary information you submitted to AGORA or stored in the server of AGORA VIDEO CALL when you use AGORA VIDEO CALL to competent departments as required. If you are suspected of having infringed upon the legitimate rights and interests of others, AGORA has the right to provide the obligee with the foregoing necessary information about you on the premise of the existence of the suspected tort based on preliminary judgment.

6.6. AGORA provides services for you by relying on AGORA VIDEO CALL, and you should also comply with the following provisions:

(a) You may need to download software in the process of using the services; for such software, AGORA grants you a personal, non-assignable and non-exclusive license. You can use such software only for the purpose of accessing or using the Services.

(b) To use AGORA VIDEO CALL and related Services, you can download the software from any third party authorized by AGORA or through visiting the official website of AGORA. If the software is not obtained from AGORA or any third party authorized by AGORA, AGORA cannot guarantee that the unofficial version of AGORA VIDEO CALL can be used normally, and the losses caused to you have nothing to do with AGORA.

(c) In order to improve the user experience and ensure the security of services and the consistency of product functions, AGORA may update the software. You are supposed to update the relevant software to the latest version, otherwise AGORA does not guarantee the normal use. You have the right to choose to accept the updated version or service. If not, some functions will be limited or out of service. If you do not need to use this software and related services any longer, you can uninstall it by yourself.

(d) You shall not engage in any of the following acts unless approved by AGORA in writing:

To delete the copyright information on the software and copies thereof;
To carry out reverse engineering, reverse assembly and decompiling of the software, or attempt to find the source code of the software by other means;
To use, lease, lend, copy, modify, link, reprint, compile, release, publish and establish mirror sites for contents whose intellectual property rights are owned by AGORA;
To copy, modify, add, delete and mount the software data or the data released into any terminal memory during the software running, the interactive data between the client and the server during the software running, and the system data necessary for running the software, or create any derivative works, including but not limited to the use of plug-ins, cheating programs or third-party tools/service access software and related systems not authorized by AGORA;
To add, delete or change the functions or running effect of the software by modifying or forging the instructions and data during the software running, or operate or disseminate the software and methods used for the above purposes to the public, regardless of whether these acts are for commercial purposes;
To log in to or use the software and services through third-party software, plug-ins, cheating programs and systems not developed or authorized by AGORA, or make, release and disseminate third-party software, plug-ins, cheating programs and systems not developed or authorized by AGORA.

Article 7 Privacy system

7.1. It is a basic policy of AGORA to respect users’ privacy. AGORA will collect, store, use, disclose and protect your personal information in accordance with the Privacy Policy of AGORA VIDEO CALL. You can designate the area where your information is stored. Without your consent, we will not migrate your contents from the area you choose, unless (a) the contents have to be migrated to comply with applicable laws and regulations or binding government orders; (b) for purposes of providing bills, management, technical services, or investigating security events or violations of this agreement. We may process some data in the data center area where you use the services; we may also process such data in areas of maintenance and operation, support and investigation systems and teams.

7.2. If you are a minor under the age of 18, please inform your guardians to jointly read and confirm the Privacy Policy of AGORA VIDEO CALL, and make sure to seek their consent and guidance before you use the services and submit the personal information.

Article 8 Force majeure and exemption

8.1. Force majeure: AGORA will not be liable for the losses caused by force majeure. Force majeure referred to in the service terms includes natural disasters, changes in laws, regulations or government orders, special causes due to characteristics of network services, such as failures of domestic and foreign basic telecommunication operators, technical defects of computers or Internet, Internet coverage restrictions, computer viruses, hacker attacks and other factors, and other objective circumstances that cannot be foreseen, avoided and overcome within the legal scope.

8.2. You acknowledge and agree that this Beta Product is a beta test version which may contain bugs, defects, and errors and that this Beta Product is not expected to function fully. This Beta Product may not be at the level of performance, compatibility or safety of generally available Agora products. You understand and agree that Agora makes no representation or warranties regarding use of this Beta Product. You shall have sole responsibility for adequate protection and backup of your data or equipment used in connection with this Beta Product and you shall not claim against Agora for lost data, re-run time, inaccurate input, work delays or lost profits resulting from the use of the Beta Product. THIS BETA PRODUCTS AND TECHNICAL SUPPORT, IF ANY, ARE EXPERIMENTAL AND PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU WILL USE THE PRODUCT AT YOU OWN RISK.

8.3. To the extent permitted by law, AGORA will not be liable for service interruption or obstruction caused by the following circumstances:

(a) Failure of your computer software, system, hardware and telecommunication line;

(b) Caused by your improper operation;

8.4. You have understood and agreed that AGORA VIDEO CALL and related services may be affected or interfered by many factors, and AGORA does not guarantee the follows (including but not limited to):

(a) Absolute suitability for your needs;

(b) AGORA is free of interference, timely, secure, reliable or error-free; any software, service or other materials you obtain via AGORA can live up to users’ expectation;

8.5. You have understood and agreed that you may encounter risks caused by network information or other users’ acts in the process of using the services. AGORA is not responsible for the authenticity, applicability and legitimacy of any information, nor the damage caused to you by tort. Such risks include but are not limited to:

(a) Anonymous or imitated information from others and containing threatening, defamatory, offensive or illegal contents;

(b) Any psychological or physiological injury and economic loss caused or likely caused by others’ misleading, deception or other reasons due to the use of the services;

8.6. You have understood and agreed that the services are not designed for certain specific purposes, including but not limited to nuclear facilities, military purposes, medical facilities, transportation and communication and other important fields. If the above operations failed due to reasons attributable to the software or service, thus resulting in casualties, property losses and environmental damage, AGORA will not assume legal liability.

8.7. AGORA has the right to deal with illegal contents in accordance with this agreement; this right does not constitute an obligation or commitment of AGORA and AGORA cannot guarantee the illegal acts can be timely detected or dealt with accordingly.

8.8. You acknowledge that this Beta Product is offered “as is” and that no privacy or security should be reasonably expected during beta testing. You shall be responsible to duly notify any parties you invite to use this Beta Product.

Article 9 Miscellaneous

9.1. Ownership and intellectual property rights: the intellectual property rights of all contents in AGORA VIDEO CALL, including but not limited to words, software and logo, are owned by AGORA or other obliges according to law, including but not limited to copyright, trademark right, patent right, etc. You shall not use, modify, copy, disseminate, change, spread, release or publish the above contents without the written consent of AGORA or other obliges. In case of any violation, you agree to bear all losses caused to AGORA or other obliges.

9.2. Interruption, alteration and termination of the services: you have understood and agreed that AGORA has the right to modify, interrupt, suspend or terminate relevant services after the notice by announcement for the need of holistic operation of the services, and will not be liable to you or bear any liability for compensation.

9.3. Notices: all notices can be sent to you by email, regular correspondence or announcement.

9.4. This agreement shall be governed by the laws of the People’s Republic of China (excluding conflict of laws). When any content of this agreement conflicts with the laws of the People’s Republic of China, the legal provisions shall prevail, and the relevant contents shall be modified or reinterpreted in accordance with the legal provisions, while the legal effect of other parts of this agreement shall remain unchanged.

9.5. Any dispute arising from or in connection with this agreement shall be submitted to Shanghai Arbitration Commission for arbitration in accordance with the effective arbitration rules of the commission at the time of applying for arbitration, and shall be heard by three arbitrators. The arbitration award is final and binding on both parties.

9.6. This agreement shall come into force from the date of release and constitute the consensus between you and AGORA.

9.7. AGORA’s failure to exercise, timely exercise or fully exercise the rights under this agreement or in accordance with laws shall not be deemed as a waiver of such rights, nor shall it affect AGORA’s exercise of such rights in the future.

9.8. If you have any questions, comments or suggestions on this policy or related matters, or intend to exercise your rights, please contact us according to the following contact information. In general, we will reply within 30 days:

Email: privacy@agora.io

If you are not satisfied with our reply, or consider the way we deal with your requests has damaged your legitimate rights and interests, you can also seek judicial relief.

9.9. This agreement is updated and released on March 22, 2022, and shall come into force on the same day.