Terms of Service

Important Notice:

This Terms of Service (“Agreement”) is entered into by and between you (“User” or “you”) and CUGNOSPHERE PTE. LTD. and its affiliated companies (“CUGNOSPHERE” or “us”) regarding the CUGNOSPHERE products, programs, and services (“Services”). Regardless of whether you are a visitor or a registered user, this Agreement binds you when using or accessing our online website or Services, including but not limited to any specific website, customer support, social media, community channels, and/or other online services provided by CUGNOSPHERE and/or its authorized third-party providers (“CUGNOSPHERE Services”).
By browsing our website, accessing various online operations or maintenance services, or accessing any services provided by CUGNOSPHERE in any other way, it is deemed that you have read, understood, and accepted all the terms of this agreement.
CUGNOSPHERE reserves the right to modify or revise this agreement at any time, and you agree to periodically review the new terms of this agreement. Please note that your continued use of CUGNOSPHERE services constitutes your acceptance of the updated agreement.
If you do not agree to any terms of this agreement, please do not use or access CUGNOSPHERE services in any way, directly or indirectly.

1. CUGNOSPHERE Account

1）To use the CUGNOSPHERE service, you may need to register or hold a CUGNOSPHERE account (“account”). Depending on your region, you will register for a “miHuYo Account” or “HuYoverse Account”, both of which are defined as a CUGNOSPHERE account.
To create an account, you will need to register as a user and accept the CUGNOSPHERE account service terms. If you do not accept these terms, you will be unable to create an account.
2）You can only create an account if you are a natural person residing in the country and are of legal age, and you are not a person explicitly prohibited by us from using CUGNOSPHERE services.
When registering as a user, you must select a unique username (“nickname”) and password, and provide certain other required information.
You agree that you will:
i）When registering on any website, provide accurate, up-to-date, and complete information about yourself (“personal data”); and
ii）Maintain and timely update your personal information, keeping your personal information accurate, timely, and complete.
You cannot use a username that has already been assigned to another user. Furthermore, a prerequisite for using our service is that you must not choose a username that is obscene or offensive. We reserve the right (but not the obligation) to filter out certain words and phrases that we deem unacceptable. Moreover, although we may filter out certain unacceptable words and phrases during the registration process, it is impossible to create a comprehensive filter. Additionally, if we consider your username (or its use) to be offensive or in violation of our user agreement in any other way, we reserve the right to terminate your username or account and require you to create a new, acceptable username.
3）You agree to provide accurate and complete registration information, and we suggest that you do not create a username that reflects your real name or other personal data.
4）You are responsible for ensuring the security and confidentiality of your account (including but not limited to your username, password, or other relevant account information). Furthermore, you acknowledge that you are responsible for any actions taken on or through your account, regardless of whether you have authorized them or not.
5）Usernames are unique and important for each user. You are not allowed to transfer or provide your account information to any third party at any time, nor can you use another user’s account. If you sell your account or related information, CUGNOSPHERE reserves the right to take measures, including but not limited to immediately terminating your account without any refund.
6）If we have reason to believe that you have not complied with any terms between you and CUGNOSPHERE, we may terminate your username or account at any time for any reason without further procedure. Furthermore, you will not be allowed to re-register as a user without our explicit permission. If you decide to terminate your username or account, please contact our support service, and we will terminate it as soon as reasonably possible after receiving your request.
7）You are responsible for maintaining the confidentiality of your account information. If any third party uses your account or accesses your account in any way, you shall not hold CUGNOSPHERE liable for compensation. Furthermore, if any theft, unauthorized use, or other security breaches related to your account occur, you should notify CUGNOSPHERE immediately.

2. Rules of Usage

1）You acknowledge and agree that your use of the CUGNOSPHERE Services is also governed by the Privacy Policy which may be amended from time to time by CUGNOSPHERE in its sole discretion. You acknowledge and agree that the Privacy Policy is incorporated and a part of this Agreement.
2）You acknowledge and confirm that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the CUGNOSPHERE Services:
i）Post, upload, transmit or disseminate in any way obscene, indecent, vulgar, pornographic, sexually suggestive, gambling, violent, criminal instigation or other offensive information.
ii）Defamatory, mocking, stalking, threatening, harassing, intimidating, abusive, hateful, discriminatory, or other information that offends or opposes a particular group of people;
iii）Infringement on CUGNOSPHERE or third-party contractual rights, personal rights, property rights, intellectual property rights, and other rights (including privacy rights, publicity rights, or trade secret rights).
iv）Develop, use, or disseminate any software, script code, plug-in, program, or application that may lead to unfair competition.
v）Utilize, disseminate or publicly disclose to a third party any errors, misrepresentations, or vulnerabilities, regardless of whether they are used for improper purposes;
vi）For commercial purposes, selling, renting, lending, licensing, sublicensing or using in any other way the whole or part of the CUGNOSPHERE service content and related content, information, or elements for commercial purposes.
vii）To engage in copying, adapting, reverse engineering, decompiling, disassembling, or creating derivative works of it on the CUGNOSPHERE service in any way.
viii）Using (or attempting to use) illegal means or unauthorized methods to disrupt CUGNOSPHERE services or use CUGNOSPHERE services in unauthorized ways, including but not limited to extracting source code, hacking, cracking, spreading fake software, submitting false information, uploading or transmitting files containing viruses, Trojan horses, worms, time bombs, malicious files, or other unauthorized files.
ix）Use, export, re-export, or otherwise violate any applicable laws or local regulations in any way, whether by act or omission;
x）Any content deemed unreasonable or unverified by CUGNOSPHERE; and/or
xi）To permit or assist any third party to perform any of the above actions.
You further confirm that you will respect local customs or traditions and comply with any applicable laws or local regulations when using the CUGNOSPHERE service. Moreover, if local laws or regulations so require, you should immediately stop using or accessing the CUGNOSPHERE service.
Unless explicitly authorized by this agreement, you are not allowed to copy any part or all of the content and any accompanying materials in CUGNOSPHERE services. Since CUGNOSPHERE services contain our proprietary information, you agree to: (a) keep confidential all codes and technical elements of CUGNOSPHERE services; (b) not reproduce, distribute, manufacture, display, report, publish, disclose, or transfer our non-public information in any way; and/or (c) not use CUGNOSPHERE services beyond personal enjoyment and non-commercial purposes, subject to applicable laws (including US copyright law and DMCA).
Unless explicitly authorized by this agreement, any use of the CUGNOSPHERE service, in whole or in part, without our prior written permission is prohibited, and we reserve the right to terminate any authorized license under this Agreement. CUGNOSPHERE explicitly reserves the right to refuse access to the CUGNOSPHERE service to anyone at any time, without prior notice, for any reason. You further agree that CUGNOSPHERE has the right to suspend or terminate the provision of any CUGNOSPHERE service or change the content provided at any time, without prior notice, for any reason, and CUGNOSPHERE shall not be liable for any responsibility.
Regarding disputes between users, we reserve the right to intervene or take action, but it is clear that such actions are not our obligations. Although we may choose to observe and take measures against inappropriate behavior, chat, or links in CUGNOSPHERE services or associated links, you are responsible for interactions with other users. By using CUGNOSPHERE services, you acknowledge and accept that language or materials accessible through CUGNOSPHERE services may be inappropriate, especially for children, or offensive to some users based on age, race, religion, or gender. You agree that CUGNOSPHERE is not responsible for any such inappropriate user behavior or language in any situation. CUGNOSPHERE reserves the right to suspend or terminate your access to CUGNOSPHERE services and/or take other measures.
You further agree that CUGNOSPHERE shall not be liable for any actions of other users or third parties, including but not limited to any third-party websites or services linked through the CUGNOSPHERE service.

3. User Contributions

1）CUGNOSPHERE respects intellectual property rights and attaches great importance to protecting the various rights enjoyed by users. In CUGNOSPHERE’s product services, you may provide original content to CUGNOSPHERE through uploads, postings, and other means. In this case, you will still retain the complete intellectual property rights to such content.
2）The CUGNOSPHERE Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the CUGNOSPHERE Services (“User Contributions”), including but not limited to any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual or other materials appearing on or transmitted to or from the CUGNOSPHERE Services. CUGNOSPHERE has no obligation to monitor these User Contributions, but we may do so and reserve the right, in our sole discretion, to monitor, filter, moderate, edit and/or remove any or all of User Contributions that are objectionable or inappropriate at any time without prior notice. CUGNOSPHERE may also at any time terminate or suspend your access to any of the User Contributions for any reason and without prior notice.
3）Any of the User Contributions may not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software. You acknowledge that you shall be fully and solely responsible for you own behavior when using the CUGNOSPHERE Services, including but not limited to any User Contributions posted by you. You also acknowledge and confirm that under no circumstance, shall CUGNOSPHERE be liable for any User Contributions posted by you. You further confirm that any of the User Contributions are neither endorsed nor controlled by CUGNOSPHERE.
4）You acknowledge and agree that when you use the CUGNOSPHERE Services, you have no expectation that your User Contributions will be private and CUGNOSPHERE may disclose your User Contributions for any reason without prior notice.
5）Any User Contributions that you post will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant CUGNOSPHERE a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this section and that we are not obligated to exercise such granted rights. Furthermore, you agree that any such submission by you shall not create any contractual relationship between you and CUGNOSPHERE. You also grant all other users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the CUGNOSPHERE Services without prior notice, attribution or compensation to you. Except to the extent such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country worldwide.
6）You represent and warrant that the User Contributions:
i）are accurate and not fraudulent or deceptive;
ii）do not violate any rights or interests (including but not limited to intellectual property rights) of CUGNOSPHERE and/or third parties. You understand that User Contributions may be copied by other users and discussed within or outside of the CUGNOSPHERE Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that CUGNOSPHERE takes no responsibility and assumes no liability for any content posted by you or any third parties.
7）CUGNOSPHERE respects others’ intellectual property and legal rights, and urges users to do the same. If you find that your intellectual property or other legal rights have been infringed upon in the services provided by CUGNOSPHERE, please provide the following information to CUGNOSPHERE:
Please note: If the statement of the rights notice is false, the submitter of the rights notice shall bear all legal liabilities arising therefrom (including but not limited to compensation for various expenses and attorney’s fees).
To effectively process the aforementioned personal or organizational rights notifications for CUGNOSPHERE, please provide relevant documents (including clause numbers) in the following format:
i） The right holder has the intellectual property rights or other legitimate rights and interests to the allegedly infringing content and/or has the legal proof of ownership to exercise the intellectual property rights or other legitimate rights and interests.
ii）Please fully and clearly describe the situation of the infringed intellectual property rights or other legitimate interests, and provide the suspected infringing third-party website.
iii）Please specify which content on the suspected infringing webpage has infringed on the rights listed above.
iv）Please provide the specific contact information of the rights holder, including name, ID card or passport copy (for individuals), business registration certificate copy (for companies), communication address, phone number, fax, and email.
v）Please provide the location of the infringing content on the information network (such as specifying the URL or location within the webpage where you reported the infringing content) so that we can contact the owner/administrator of the webpage containing the infringing content that you reported.
vi）Please include the following statement in the power of attorney notification regarding the authenticity of the notification content: “I guarantee that the information stated in this notification is complete, true, and accurate, and if the content of this power of attorney notification is not entirely true, I will bear all legal liabilities arising therefrom.”
vii）Please sign this document. If you are a legally established organization or institution, please affix your official seal.
Please send the above information and your contact details to the following email address: [email protected].
WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. YOU MAY, HOWEVER, MAKE COMPLAINTS BY ACCESSING OUR SUPPORT SERVICE.

4. Child

1）You confirm that if the minor protection policy in your country/region changes, the “following statement” in this declaration may be modified at any time.
2）By using the CUGNOSPHERE service, you represent that you are an adult resident of your country/region (or have reached the age of majority in your jurisdiction). If you are under the legal age of majority (“minor” or “child”), your parent or legal guardian must consent to this agreement.
3）According to the laws, regulations, or rating systems of your country/region of residence, minors can use an account established by their parents or legal guardians. If the guardian permits the minor to use the account, the guardian shall represent themselves and their minor child in agreeing to this agreement, and the guardian shall agree to be responsible for the minor’s use of the CUGNOSPHERE service, regardless of whether the guardian authorizes the minor to use the service.

5. Ownership / Intellectual Property

1）CUGNOSPHERE shall own all rights, titles and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the CUGNOSPHERE Services under this Agreement. You acknowledge that your use of the CUGNOSPHERE Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the CUGNOSPHERE Services may cease to be available to you at any time without prior notice in the sole discretion of CUGNOSPHERE.
2）Any or all of the CUGNOSPHERE Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the CUGNOSPHERE Services (including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, themes, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the CUGNOSPHERE Services) are protected by applicable laws from unauthorized use.
3）You agree that any or all of the CUGNOSPHERE Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without CUGNOSPHERE’s express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of CUGNOSPHERE. Please note any unauthorized reproduction or redistribution of the CUGNOSPHERE Services shall be prohibited and may result in severe legal penalties.
4）CUGNOSPHERE PTE. LTD. remains the sole owner of rights, titles and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the CUGNOSPHERE Services. You acknowledge and agree that you may not have any right or interest as a result of using the CUGNOSPHERE Services, except explicitly granted to you under this Agreement.

6. User Content

1）“User Content” means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to CUGNOSPHERE or our agents pertaining to the CUGNOSPHERE Services. You confirm that you irrevocably grant CUGNOSPHERE a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable and unlimited license, allowing CUGNOSPHERE to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. Besides, your participation in a “test period” or a “beta version” game or something of that kind may be agreed upon separately and your access to our game may be subject to specific rules, such as limited period or limited number of users to have access to the game, our reserved rights to modify or delete the game data of users. Please read carefully those specific rules and your cooperation and User Content upon our beta version of the game are highly appreciated.
2）If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from CUGNOSPHERE.

7. Protection of Personal Information

1）All information collected from you is subject to local laws and regulations. CUGNOSPHERE will make its best effort to protect the information you provide. Please note that we may update this agreement from time to time, and your continued use of CUGNOSPHERE services will constitute your acceptance of the latest updated agreement. Under the premise of complying with any applicable laws and regulations, users have the right to request modification or deletion of their personal information in an appropriate manner and after passing our review. For specific contents regarding personal information collection and use, please refer to CUGNOSPHERE’s privacy policy.
2）User Agrees: Personal private information refers to information that can identify a user or involve personal communication, including but not limited to the following information: the user’s IP address, email address, and other information. Non-personal private information refers to some clear and objective basic records of the user’s operation status and usage habits on the Miha Tour server, as well as other ordinary information outside the scope of personal private information.
3）Except for the aforementioned personal information, you agree and authorize CUGNOSPHERE to collect and use your other necessary information, excluding individual user privacy data, for security and user experience optimization purposes, but CUGNOSPHERE can only collect and use such information for the purpose of fulfilling this agreement.
4）Despite CUGNOSPHERE’s best efforts to protect users’ privacy rights, it cannot guarantee that existing security measures will prevent any form of loss to users’ technical information.
5）Any data information generated and stored on CUGNOSPHERE servers during the process of users participating in CUGNOSPHERE products and accepting CUGNOSPHERE services, including but not limited to account data information, upload information, etc. (excluding electronic mail addresses, IP addresses, and other personal identity data information), is part of CUGNOSPHERE products, owned and managed by CUGNOSPHERE. Users have the right to modify, transfer, or discard data information belonging to their own user accounts through legitimate channels, on the premise of complying with the user agreement and product usage rules.

8. Inappropriate User Behaviors

1）CUGNOSPHERE requires you to be responsible for your actions and language, encouraging you to use our services in a healthy and civilized manner. We strictly prohibit you from engaging in any inappropriate or offensive behavior. You are not allowed to claim to be an employee of CUGNOSPHERE or spread false information, obscene information, illegal websites, spam emails, or any information related to drugs, or to attack, threaten, or insult any or all users in any way. You are also prohibited from spreading any plug-ins, Trojan horses, or any type of virus.
2）You are prohibited from engaging in, directly or indirectly:
i）vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards CUGNOSPHERE or other users;
ii）dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
iii）disclose, furnish, disseminate or otherwise make any of our or other users’ non-public information available to third parties; and/or
iv）any other inappropriate behaviors or languages that may damage the reputation of CUGNOSPHERE.
3）We reserve the right, but are not obligated, to attention or be involved in disputes between users. Depending on the relevant situation, CUGNOSPHERE may take action, including but not limited to, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting game files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors. If your rights are violated by other users, we will assist you in providing the necessary materials to defend your rights.
If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the CUGNOSPHERE Game(s) or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior notice, suspend your access to the CUGNOSPHERE Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without prior notice.

9. Service change, interruption, termination, or cessation

1）If the service needs to be suspended due to maintenance or upgrade of the website, platform, system, software, or service, CUGNOSPHERE will notify in advance as much as possible.
2）When a user engages in improper conduct while receiving CUGNOSPHERE-related services, CUGNOSPHERE reserves the right to modify, interrupt, suspend, or terminate the provision of services to the user. Such improper conduct includes, but is not limited to, breach of contract, illegal activities, violation of public order and good morals, and infringement of the rights and interests of CUGNOSPHERE or any third party.
3）When a user engages in prohibited behavior that is explicitly stated in this agreement or has been explicitly notified by CUGNOSPHERE in advance, CUGNOSPHERE reserves the right to terminate its service to the user.
4）Users who utilize CUGNOSPHERE services to engage in any illegal activities, including but not limited to money laundering, prepaid card cash-out, buying and selling, or otherwise illegally obtaining virtual currencies, shall be subject to the right of CUGNOSPHERE to suspend or terminate part or all of the services without prior notice.

10. Indemnification

You agree to defend, indemnify and hold CUGNOSPHERE and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
1）your access or use of the CUGNOSPHERE Services;
2）your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
3）any materials, User Contributions, User Content or other information provided by you or on your behalf;
4）your violation of any applicable laws or third-parties’ rights and interests; and/or
5）your other illegal or inappropriate behavior.

11. Injunctive Relief

Without prejudice to any other rights or remedies that CUGNOSPHERE may have, you acknowledge and agree that in the event of any threat to or actual breach of this Agreement, CUGNOSPHERE shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which CUGNOSPHERE may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from CUGNOSPHERE.

12. Limitation of Liability

1）You agree that your use of the CUGNOSPHERE Services shall be at your own risk. To the fullest extent permitted by applicable laws, CUGNOSPHERE and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether CUGNOSPHERE has been advised of the possibility of such liabilities.
2）CUGNOSPHERE HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN. CUGNOSPHERE makes no warranties about the accuracy or completeness of the CUGNOSPHERE Services. Also, CUGNOSPHERE assumes no liability or responsibility for:
i）any errors, mistakes, or inaccuracies of the CUGNOSPHERE Services;
ii）personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the CUGNOSPHERE Services;
iii）any interruption, suspension or termination of the CUGNOSPHERE Services;
iv）any bugs, viruses or similar links transmitted by third parties on or through the CUGNOSPHERE Services;
v）any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
vi）any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
3）In no event shall CUGNOSPHERE be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if CUGNOSPHERE has been advised of the likelihood of such damages occurring.
4）CUGNOSPHERE has no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, CUGNOSPHERE is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
5）THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF CUGNOSPHERE AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE MONTHS PRIOR TO YOU MAKING A CLAIM AGAINST CUGNOSPHERE. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.

13. Limitation on Claims

To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the CUGNOSPHERE Services, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

14. Modification

CUGNOSPHERE reserves the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the CUGNOSPHERE Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to CUGNOSPHERE Services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the CUGNOSPHERE Services, your license under this Agreement shall immediately terminate and you may immediately stop accessing the CUGNOSPHERE Services.

15. Non-waiver

No failure or delay on the part of CUGNOSPHERE in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

16. Notice

1）This agreement may be updated by CUGNOSPHERE at any time, and the updated terms will take effect immediately after publication, replacing the original terms. CUGNOSPHERE will not provide separate notice, and users can review the latest version of the agreement on this website. Please note that users should regularly check for related content.
2）After modifying the relevant clauses of this agreement in CUGNOSPHERE, if the user does not accept the modified clauses, please stop using the services provided by CUGNOSPHERE immediately. If the user continues to use the services provided by CUGNOSPHERE, it will be deemed as acceptance of the modified agreement.
3）To the extent permitted by applicable law, CUGNOSPHERE may send notifications to users through one or more of the following means (including but not limited to the CUGNOSPHERE website, official channels, web prompts, email, or other contact information provided by users to CUGNOSPHERE), and the content of such notifications may include but is not limited to various rules, notices, reminders, or other information related to the use of CUGNOSPHERE services.
4）Once CUGNOSPHERE sends any notice in any of the above-mentioned ways, the notice shall be deemed to have been delivered to you and shall be binding on you. If you disagree, please notify CUGNOSPHERE in writing within 15 days of receiving such notice. Otherwise, it shall be deemed that you have accepted and agreed to the notice.

17. Termination

Under no circumstances, if you violate any terms or conditions of this Agreement or any other agreement or policy referred to in this Agreement, this Agreement will automatically terminate without prior notice. You must immediately stop using the CUGNOSPHERE service. After the termination of this Agreement, you will no longer be entitled to exercise any rights granted to you by CUGNOSPHERE.
Even after the termination/expiry of this Agreement, you shall still fulfill the obligations that should have been fulfilled before the termination/expiry. Similarly, all rights and licenses granted to CUGNOSPHERE (if any) shall remain valid after the termination of this Agreement.

18. Severability

If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of CUGNOSPHERE.

19. Governing Law

1）This Agreement shall be governed by and construed under the laws of Singapore excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal actions between you and CUGNOSPHERE shall be referred to Singapore International Arbitration Centre (SIAC) for arbitration which shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought to a court in Singapore. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
2）SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

20. No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of CUGNOSPHERE. Otherwise, CUGNOSPHERE may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, CUGNOSPHERE shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

21. Advertising

1）The links provided by CUGNOSPHERE on its official website and products may link to third-party websites, which are intended to facilitate users’ self-search or access to relevant information. CUGNOSPHERE does not guarantee the authenticity, completeness, timeliness, or credibility of the products, services, or information provided by the linked individuals, companies, or organizations. There is no employment, agency, proxy, partnership, or similar relationship between these individuals, companies, or organizations and CUGNOSPHERE.
2）The open platform of CUGNOSPHERE is open to global users, who may use this platform to publish advertisements or other information. The information is provided by the uploaders and they shall bear the corresponding responsibilities, while CUGNOSPHERE only provides the medium for publishing the content. Any operations conducted by users through the linked websites or advertisements are solely between the users and the service providers, and have no relation to CUGNOSPHERE. CUGNOSPHERE shall not bear any legal liability for any actions arising between users and service providers, and users should pay special attention to this.

22. General

1）This agreement contains all the agreements related to the subject matter of this agreement and supersedes any prior written or oral agreements between you and CUGNOSPHERE (if any).
2）The phrase “including” in this agreement shall be interpreted as “including but not limited to”.
3）The associated parties of this agreement refer to entities that directly or indirectly control CUGNOSPHERE, are controlled by it, or are under common control with it.
4）CUGNOSPHERE can translate this agreement into other languages. If there are any discrepancies between the Chinese version and other language versions, the Chinese version shall prevail within the scope of applicable laws and regulations.
5）Except as otherwise provided in this article, CUGNOSPHERE shall not be liable for any delay or failure to perform its obligations due to reasons beyond its reasonable control (such as government actions, force majeure, or other events beyond its reasonable control).
6）You agree that CUGNOSPHERE reserves the right to suspend or refuse anyone’s use of or access to CUGNOSPHERE services, and the right to stop providing any services and/or modify CUGNOSPHERE services, at any time, for any reason, without prior notice and without any form of compensation.
7）You confirm that you voluntarily enter into this agreement, and you confirm that, except for the compensation circumstances explicitly stated in this agreement, you will not expect to receive any compensation.
8）You should strictly abide by the service agreements and usage rules of CUGNOSPHERE or related services and products; by using the aforementioned services and products, users are deemed to have accepted the relevant service agreements and usage rules.
If this agreement conflicts with the laws and regulations of your country or region, the local laws and regulations shall prevail.

23. Contact

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through the following methods:
Email: [email protected]
We will review the issues involved as soon as possible and process them in a timely manner after verifying your identity, and respond within 15 working days or the time limit stipulated by laws and regulations at the latest.

CUGNOSPHERE PTE. LTD.
Last Updated: May 18, 2024
Effective Date: May 18, 2024