Terms of Service

Last updated: July 12, 2024

These Terms of Service (the Terms) constitute a legally binding agreement between you (either an individual or a legal entity) and Songyuan Liukun Network Technology Co., Ltd. (referred to as Liukun, we, us, or our), a company organized under the laws of the Peoples Republic of China with its registered address at Room C0172, 4th Floor, No. 102 Commercial Enterprise, Building 2, Boxue Road Commercial Complex, Ningjiang District, Songyuan City, 131000, Jilin Province, China. These Terms govern your access to and use of our website located at https://www.liukun.hair (the Site) and any related services, products, software, APIs, documentation, and communications provided by us (collectively, the Services).

By accessing or using the Services, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to all of these Terms, you must not access or use the Services.

Services Description

Liukun provides computer systems design, integrated systems architecture, cloud infrastructure engineering, network architecture and security, DevOps and platform engineering, and technical consulting and advisory services. The specific scope, deliverables, timelines, and fees for any engagement will be set forth in a separate written agreement, statement of work, or service order executed by both parties. These Terms govern your general use of the Site and do not by themselves create a professional services relationship.

We reserve the right to modify, suspend, or discontinue any aspect of the Site or Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

User Obligations and Conduct

When using the Site and Services, you agree to the following obligations and standards of conduct. You shall provide accurate, current, and complete information when interacting with our Site or communicating with us, and promptly update such information as needed. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You shall notify us immediately of any unauthorized use or security breach.

You agree not to use the Services to transmit any material that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable. You shall not attempt to gain unauthorized access to our systems, networks, or data; probe, scan, or test the vulnerability of our infrastructure without authorization; or interfere with or disrupt the integrity or performance of the Services. You shall not use the Services in any manner that violates applicable local, state, national, or international laws or regulations.

You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software, technology, or systems we provide, except to the extent expressly permitted by applicable law. You shall not remove, alter, or obscure any proprietary notices on the Site or in any materials we provide.

Intellectual Property Rights

All content, features, and functionality available through the Site and Services, including but not limited to text, graphics, logos, icons, images, audio and video clips, software, data compilations, page layout, design, and the selection and arrangement thereof (collectively, the Content), is the exclusive property of Liukun, its licensors, or other content suppliers and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

The Liukun name, the Liukun logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Liukun or its affiliates. You must not use such marks without our prior written permission. All other names, logos, and marks appearing on the Site are the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include any right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content except as expressly permitted by these Terms.

If you submit any feedback, suggestions, ideas, or proposals regarding the Services (Feedback), you grant us an irrevocable, perpetual, worldwide, royalty-free license to use, modify, incorporate, and exploit such Feedback for any purpose without compensation or attribution to you.

Payment Terms

Fees for our professional services are set forth in the applicable statement of work, service order, or engagement letter. Unless otherwise agreed in writing, all fees are exclusive of applicable taxes, duties, and levies, which shall be your responsibility. Invoices are due within thirty (30) days of the invoice date unless otherwise specified. Late payments may accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is lower.

Confidentiality

During the course of our engagement, each party may receive or have access to Confidential Information of the other party. Confidential Information means any non-public information, technical data, or know-how disclosed by one party to the other, in any form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, without limitation, trade secrets, business plans, customer lists, financial data, source code, system designs, security protocols, and technical specifications.

Each party agrees to hold the other party's Confidential Information in strict confidence, to use it only for the purposes of the engagement, and not to disclose it to any third party without the disclosing party's prior written consent. These obligations do not apply to information that is publicly known through no breach of these Terms, is independently developed without access to Confidential Information, or is required to be disclosed by law, regulation, or court order.

Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIUKUN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

We do not warrant that the Site will operate uninterrupted or error-free; that defects will be corrected; that the Site or the server that makes it available is free of viruses or other harmful components; or that any information obtained through the Site is accurate, complete, or reliable. You use the Site at your own risk and discretion.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIUKUN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF LIUKUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LIUKUNS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LIUKUN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless Liukun, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys fees) arising out of or relating to your use of the Site or Services; your violation of these Terms; your violation of any third-party right, including intellectual property or privacy rights; or your violation of applicable law.

Termination

We may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, your right to use the Site and Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law provisions.

For professional services engagements, termination shall be governed by the terms of the applicable statement of work or service agreement.

Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach or interpretation thereof, shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute is not resolved within thirty (30) days of written notice, either party may submit the dispute to binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its rules then in effect. The arbitration shall be conducted in English and the seat of arbitration shall be Beijing, China. The arbitral award shall be final and binding on both parties.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riot, embargo, fire, flood, earthquake, epidemic, pandemic, labor strike or shortage, power outage, Internet or telecommunications failure, or governmental action or regulation. The affected party shall promptly notify the other and use commercially reasonable efforts to resume performance as soon as practicable.

General Provisions

Entire Agreement. These Terms, together with any applicable statement of work, service order, or engagement letter, constitute the entire agreement between you and Liukun concerning the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the original.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Liukun.

Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms without restriction.

Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Liukun. You have no authority to bind us in any respect.

Notices. We may provide notices to you by email to the address you provided, by posting on the Site, or through other reasonable means. Notices you send to us must be in writing to the email or postal address provided in the Contact section below.

Contact Information

For any questions regarding these Terms of Service, please contact us: