fir.im (unless otherwise stated, fir.im mentioned in this Service Agreement includes fir.im website and bughd.com website), all contents under this domain name include but not limited to fir.im, BugHD and inCode and all the services they provided to you are subject to terms and conditions under this Service Agreement. Using fir.im means that you agree on this Service Agreement and amendments made from time to time by fir.im.
Article I: Premises of Usage
1.1 Using information, tools and other functions provided by fir.im, or using any API of fir.im, or any software, other websites or its API via fir.im (collectively referred as "Services"), means you agree to comply with the Service Agreement, no matter you are a non-registered user, or a registered user. If you want to become a registered user and use the services provided by fir.im, you must read and accept the Service Agreement. Once you register as a user of fir.im (whether through fir.im or through other third-party media, including but not limited to Twitter, Facebook, WeChat, QQ, GitHub and other channels, the same below) , it will constitute your acceptance of the Service Agreement. If you accept the Service Agreement, it means that you have the ability to be bound by this Service Agreement, or you are authorized to make that entity bound by this Service Agreement if you represent a company or an entity.
Article II: Code of Conduct
2.1 Once you have accepted the terms and conditions under this Service Agreement, you agree to abide by the following rules when using the service:
2.1.1 shall not engage in any illegal activity, and do not publish any contents in violation of relevant national laws, regulations and policies;
2.1.2 shall not upload any malicious code;
2.1.3 shall not abuse resources or services provided by fir.im (including but not limited to repeating applications, gaining an unfair advantage and other acts);
2.1.4 shall not transfer or success, sell fir.im’s account number and password to gain an unfair advantage;
2.1.5 shall not publicly display or share inappropriate contents or materials (for example, nudity, bestiality, pornography, graphic violence or criminal activities), and the contents or materials which do not meet requirements of applicable laws or regulations;
2.1.6 shall not engage in false or misleading activities (such as ask for cash by fabricating reasons, impersonation, manipulation of the service), or libelous or defamatory activities;
2.1.7 shall not circumvent restrictions on any access or availability of service;
2.1.8 shall not engage any activities which are harmful for you, service or others (for example, the spread of the virus, tracking, publishing hate speech or advocating violence against others);
2.1.9 shall not use fir.im or services to violate the legal rights of others;
2.1.10 shall not engage in activities that are in violation of others’ privacy or data protection rights;
2.1.11 shall not help others to violate the above rules.
2.2 Enforcement. If you breach the terms and conditions under this Service Agreement, fir.im has the rights to take reasonable and appropriate measures to safeguard the lawful and legitimate interests of fir.im and other users without prior notice to you. Such measures includes but not limited to ceasing to serve you, closing your fir.im account, deleting content and information you post on fir.im, and keeping relevant records and reporting to the relevant government authorities. During investigations on the alleged behaviors in violation of the terms and conditions under the Service Agreement, fir.im shall reserves the right to review your content to solve the problem.
Article III: Copyrights
3.1 All contents, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, software and one cohesive website with compiled content belongs to fir.im, and it is protected by China and international copyright laws. It is strictly prohibited to reproduce, use or carry out other illegal use of the above content without written permission of fir.im.
Article IV: Trademarks and Service Marks
4.1 fir.im, logos of fir.im and other graphics of fir.im, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of fir.im or its subsidiaries. Trademarks, certification trademarks, service marks and trade dress of fir.im have inherent meaning and great value due to their restrictions on the use. They shall not be used for any product or service without permission of fir.im.
Article V: License to access
5.1 Considering your access on fir.im and its services, fir.im will grant you a limited license to access fir.im and for personal use. The Service Agreement prohibits you to download (other than page caching) or modify any part of fir.im, unless you obtain express written consent of fir.im. It is not allowed under this Service agreement to resell fir.im’s service. Without the express written consent of fir.im, you may not use any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form). Any unauthorized use shall automatically terminate permission or license granted by fir.im, and may result in a variety of legal liabilities for damages.
Article VI: Account and Password
6.1 If you are registered to be a user of fir.im and thus create an account, you are responsible for maintaining confidentiality of your account and password, and you agree to take responsibilities for all activities that are occurred under your account or password. Fir.im has no obligation and has no method to identify the behavior of using your account and password illegally or without your authorization. Therefore, fir.im will not assume any responsibility for all liability and other adverse consequences caused by the aforementioned acts to the extent permitted by laws. Besides, fir.im reserves the following rights: the right to self-determination, denial of service, suspend or terminate accounts or otherwise way to restrict your access fir.im and accept any other services of fir.im.
Article VII: Privacy and Data Security
7.1 fir.im hereby promises to respect and protect your personal privacy and information security. It will not sell, rent or in any way disclose your personal privacy and information without your permission. Our main privacy principles is that any personal information you provided to us is treated as privacy. We do not assume that you agree us to share your private information to third party who wants to sell your products or services which is allowed or not allowed.
7.2 fir.im will make all efforts to protect your data security and privacy, but fir.im will not bear any legal responsibility under the following situation, including but are not limited to:
7.2.1 Your fir.im account and password is stolen because fir.im cannot identify the behavior of using user’s fir.im ID and password illegally or without the user's authorization;
7.2.2 The applications you published, including any application can link to the Web site or other online services infringe third party’s intellectual property;
7.2.3 Any user information collected by you through fir.im (including but not limited to a user equipment information, etc.), is not only for internal testing use, but also is provided to any third party or used for other purposes;
7.2.4 Service interrupts or does not meet your service requirements or your data loss due to force majeure, computer viruses or hacker attacks, system instability, no network signal at your location, shutting down, resulting in service GSM networks, the Internet, communication lines and other reasons.
Article VIII: Service or Software Updates and Changes to the Terms
8.1 We may at any time change the terms and conditions under this Service Agreement. If you use the service after these terms and conditions are changed, you agree to the new terms and conditions. If you do not agree to the new terms and conditions, you must stop accessing fir.im and stop using the services, and close your fir.im account.
8.2 Sometimes, you may need a software updates before you can continue using the service. We will automatically check your software version, and download software updates or configuration changes, including configuration changes of hardware peripheral device that may prevent you from accessing the service, or unauthorized use, and may require that you update the software to continue using the service. Such updates are be bound by above provisions, unless such update contains other terms. In this case, other terms shall apply. Notwithstanding the above provision, fir.im has no obligation to provide any updates or guarantee that fir.im will provide support to the version for the licensed system software. Such updates may not be compatible with the software or services provided by third parties.
8.3 In addition, in some cases, we may need to remove or change the service's functions, or stop providing a service, or access to third party applications and services. Unless clearly required by applicable law, otherwise we have no obligation to provide re-downloading or restoring for any functions, service that has been deleted or any functions, or service before changing. We may release Beta versions of the service or function. Beta versions may not work properly, or its work mode is different from the final version.
Article IX: The Contracting Entity, Choice of Law and Dispute Resolution Authority
9.1 When you choose to use fir.im service, you will sign the contracts with Beijing Feng Qi Yun Fei Tech Co., Ltd (Domicile: Room 042, No.28-1, 12 Floors, Zhongguancun Street, Haidian District, Beijing). The terms under this Service Agreement shall be governed by the laws of People's Republic of China. When you use fir.im service according to the terms of the Service Agreement, any disputes arising from or related to these terms and conditions or services, including any issue related to existing, validity or termination of these terms, shall be submitted to the China International Economic and Trade Arbitration Commission (hereinafter referred to as the "CIETAC") for arbitration in accordance with CIETAC arbitration rules then in effect. The arbitral award will be final and binding on both parties.
Article X: Guarantee
10.1 fir.im does not provide any express or implied warranty, guarantees or conditions related to service you are using. You understand that you should take the risk of using the service. We provide service “as is”, and service may be various defects and we only provide currently available function of service. fir.im does not guarantee accuracy or timeliness of the information provided during the services. According to applicable law, you may have certain rights, if applicable, and any provision of the Terms under this Service Agreement will not affect these rights. You acknowledge that computer and telecommunications systems may malfunction or shutdown occasionally. We do not guarantee no- interruption, timeliness, security, error-free of the service or no-loss of content, nor connection or transportation of computer network.
10.2 Subject to the extent permitted by applicable law, we exclude implied warranties of the applicability of merchantability, satisfactory of quality, suitability of particular purpose, non-technology issues and non-infringement.
Article XI: Limitation of Liabilities
11.1 The Company take the responsibility which is specified in this Agreement.
11.2 The cooperation unit in this Agreement is responsible for the quality of the service and content provided by their own.
11.3 In the extent permitted by law, the Company shall not bear any responsibilities of the losses for any indirect, punitive, special, derivative (including loss of business, loss of revenue, loss of profits, loss of using data or other economic benefits) that is caused by this Agreement or in connection with this Agreement, no matter how it was produced , or whether it breach of this Agreement (including breach of warranty) or by the infringement, even if has been told the possibility of such losses in advance. In addition, even if the exclusive remedy under this Agreement does not meet their basic purpose, the responsibilities of Company for such losses should also be eliminated.
Article XII: The Applications
12.1 Scope of License. Applications provided by fir.im (including the site, APP, SDK, the same below) are licensed to you, but not sold to you. This agreement only grants you some rights to use the application. Unless more rights grant to you by applicable laws except such restriction, you can only use the application to the extent expressly permitted by this Agreement. To do so, you must comply with any technical restrictions of application and these restrictions only allow you to use an application in specific manner. You may not:
(1) Bypass of any technical limitations of the application.
(2) Reversing of engineer, decompile or disassemble of applications; despite this limitation, if applicable law expressly permit these activities, such activities is not restricted to the extent expressly permitted by applicable law.
(3) Producing applications more than the number of copies required under the Service Agreement or permitted by applicable law.
(4) Publishing or otherwise providing applications for others to copy.
(5) Rent, lease or lend the application.
(6) Transfer of the application or the Service Agreement to any third party.
12.2 Downloading. Downloading applications may consume the network traffic and, you need to take corresponding costs by yourself.
12.3 fir.im will keep clean malicious applications that includes but not limited to pornographic content, spam, and integral wall, but your need to identify quality of the application before you download such applications. Do not download the applications with unreliable source because of spam message or email. Please make the judgment based on the sources of link of the application downloading by yourself and download the trusted application.
12.4 Documentation. You can copy and use the documents that are provided together with application, but they are only for your personal reference.
Article XIII: The Complete Agreement