Before using the features and services of Coohom Platform (“Coohom Platform”) provided by Coohom Inc. and its affiliates (collectively “we”, “us” or “Coohom Group”), please carefully read and fully understand this User Agreement (“Agreement”), especially the terms of exemption or restriction of the responsibility of Coohom Group, the terms of exclusion or restriction of user rights, and the terms of jurisdiction, etc. These terms are usually capitalized to remind you.
If you have any concerns about the terms of this Agreement, please send emails to Coohom Group support team via firstname.lastname@example.org. If you disagree with any of the following terms in this Agreement, please stop using Coohom Platform, as your using will be deemed as approval and full acceptance of the entire content in this Agreement.
1. Application and Acceptance of this Agreement
1.1 This Agreement is an agreement signed between users (or “you”) and Coohom Group regarding the use of Coohom Platform related services and has a contractual effect.
1.2 When you use a specific service of Coohom Platform, the service may have separate agreements and related business rules. The above contents will be published and demonstrated in various forms such as website announcements, notifications, messages, e-mails and help center documents. Once officially released, such separate agreements and related business rules shall be considered as an integral part of this Agreement and you shall abide by it. Your acceptance of any of the aforementioned business rules and separate agreements is deemed to be your full acceptance of this Agreement. If all or part of the terms of the relevant separate agreements or related business rules are or is held invalid, the validity of separate agreements, related business rules or their terms shall not be affected thereby.
1.3 After you sign this Agreement, the content may be modified due to changes arising from national policies, products and the environment in which this Agreement is implemented. The revised agreement will be posted on this website. If you disagree with the revised agreement, please stop signing in or using Coohom Platform immediately. If you log in or continue to use Coohom Platform, you will be deemed to have approved the revised agreement.
1.4 You may enter into orders with Coohom Platform, whether online or offline. If there is any conflict or inconsistency between this Agreement and the orders, the orders shall take precedence over this Agreement.
1.5 If Coohom Group has posted or provided a translation of this Agreement, you agree that the translation is provided for convenience only and that this English version will govern your access to and use of Coohom Platform.
2. Service We Provide
2.1 Coohom Platform provides you with services such as online design tool applications, online home design transaction information release, transaction services, rendering services, and online design training. The specific details are subject to the services provided by Coohom Group by then.
3. Who May Use the Services
3.1 You may use Coohom Platform only if you agree to form this Agreement with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must reach the age of majority under applicable jurisdiction.
3.2 If you are accepting this Agreement and using Coohom Platform on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity.
4. Your Privacy
5. Your Account
5.1 You can sign in to Coohom Platform through Coohom user account and third-party website account, including Facebook, Google, Twitter, or you can enjoy limited services such as browsing and information review as an anonymous user.
5.2 You can create a Coohom user account by signing up online. You are responsible for all activities that occur under your Coohom user account. Please notice that registering a Coohom user account does not mean that you can use all the services provided by Coohom Platform.
5.3 You reserve the right to terminate your Coohom user account. When you decide not to use your Coohom user account, you shall first confirm that there are no unexpired tasks under your Coohom user account.At the same time, you shall pay off all service fees (if any) before applying to cancel your Coohom user account. After the manual approval of Coohom Group, your user account will be officially canceled.
5.4 If your Coohom user account is closed (whether by you or us), a few things will happen. First, your right to use the Coohom user account will stop immediately. Second, we will delete all the data associated with your Coohom user account or will otherwise disassociate it from you and your Coohom user account, unless we are required by applicable laws to keep it, return it, or transfer it to you or a third party identified by you.
6. Account Security & Management
6.1 Please carefully keep your Coohom user account information, including the account number, password, verification code and other information. Your Coohom user account can only be used by you and is prohibited from being transferred, traded, donated, rented or borrowed. If Coohom Group finds that your Coohom user account has been transferred, traded, donated, rented or borrowed, we reserve the right to ban your account without any notification and not to bear the legal responsibility to you. The resulting losses, including but not limited to service interruption and the clearance of user data and content are borne by you.
6.2 In order to protect the transaction security, Coohom Platform may require you to complete the real-name authentication and provide more identity materials and information for further identity authentication or qualification verification when you need to activate some features and services of Coohom Platform. You must provide the true, latest, valid and complete information at the request of Coohom Platform.
6.3 You agree to notify Coohom Group immediately of any unauthorized use of your Coohom user account or any other breach of account security. Coohom Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your awareness.
7. Service Fee
7.1 Some services of Coohom Platform will charge certain service fees. For details, please refer to the business rules, notifications involved in the specific service. Coohom Group may modify and change the charging standards and methods of the paid service according to actual needs, and may also charge for some free services. Before the above modification, alteration or start of charging, Coohom Group will publish a notice or announcement on the corresponding service page.
8. Code of Conduct
8.1 You undertake not to use Coohom Platform for any illegal purpose or in any illegal way, undertake to comply with all applicable laws, and comply with all separate agreements, rules and guides related to Coohom Platform.
8.2 You agree and warrant that Coohom Platform may not be used to facilitate or assist the following acts, nor may it be produced, uploaded, stored, distributed or disseminated in connection with the following acts:
(1)Spreading obscenity, pornography, gambling, violence, murder, terrorism, or abetting crimes;
(2)Insulting, slandering others, or infringing on the lawful rights and interests of others.
8.3 You agree and warrant that the use of Coohom Platform is subject to this Agreement and related business rules and controls, and may not be used to engage in, including but not limited to the following acts, or to facilitate the following acts:
(1)Providing information for real-name authentication without authenticity, completeness or accuracy;
(2)Transferring, selling, renting, lending or sharing your Coohom user account with others;
(3)Conducting any damage or attempt to damage the security of the network, including but not limited to viruses, trojans, malicious code, phishing, malicious scanning, illegal intrusion, unauthorized access, etc.;
(4)Conducting any change or attempt to change the system configuration provided by Coohom Platform or to compromise the security of Coohom Platform;
(5)Deleting all copyright information of Coohom Platform, conducting reverse engineering, reverse compiling, reverse compiling of Coohom Platform, or trying to find the software source code of Coohom Platform in other ways;
(6)Copying, changing, modifying, linking to Coohom Platform commercially, or creating any derivative works or products, or using plug-ins, plug-ins or unauthorized tools to access, interfere with, or affect Coohom Platform;
(7)Accessing or trying to access our Coohom Platform through web crawlers or other automatic methods, or violate robots.txt or similar files in Coohom Platform;
(8)Using, leasing, lending, copying, modifying, linking, reprinting, compiling, publishing, or establishing mirror sites of data related to Coohom Platform commercially;
(9)Conducting any operation done out of malice, or which may damage any rating or comment on Coohom Platform, and any act that may affect the integrity or accuracy of Coohom Platform;
(10)Using technology or other methods to destroy and disrupt the operation of Coohom Platform and the use of Coohom Platform by other users;
(11)Circumventing any restrictions on access to or availability of Coohom Platform;
(12)Infringing upon the rights of others or engage in activities that violate the privacy or data protection rights of others;
(13)Helping others break these rules.
8.4 If Coohom Group finds that your behavior violates applicable laws or this Agreement by its own or according to the information collected by other entities or individuals, Coohom Group may take one or more of the following measures based on its independent judgment:
(1)Requiring you to replacing and modifying the contents relating to Article 8.2 immediately;
(2)Deleting and blocking related contents relating to Article 8.2 or disconnect links of these contents directly;
(3)Restricting and suspending your use of Coohom Group, including but not limited to the direct downline of some of the services of Coohom Platform and restrictions on your operation of Coohom Platform, etc.;
(4)Terminating of your use of Coohom Platform, including but not limited to the downline of all the services of Coohom Platform and the cancellation of your Coohom user accounts, etc.
8.5 When Coohom Group take measures under Article 8.4, Coohom Group will provide you with a complaint channel, which will be notified by email, message, SMS or your phone.
8.6 If you violate applicable laws or terms of this Agreement in the process of using Coohom Platform, resulting in the loss of Coohom Group, other users or any third party, you shall bear all the responsibilities, and Coohom Group shall not bear any responsibility for this.
9. Service Suspension & Interruption
9.1 In view of the particularity of the network service, Coohom may adjust or terminate some or all of the services of Coohom Platform at any time with justified reasons. However, Coohom Group will inform you as soon as possible so that you can make backups of your data and business adjustments to protect your legal rights. If the changed, discontinued or terminated network service is our free product, Coohom Group does not need to notify the user or assume any responsibility to any user or any third party. These justifications include the following:
(1) Regular maintenance, such as examination, maintenance, and upgrade of Coohom Platform or related equipment on a regular or irregular basis for the provision of more complete services to users.
(2) Force majeure, including but not limited to natural disasters, government actions, policy adjustments, laws and regulations’ adjustments, strikes and unrest or infectious diseases;
(3) Basic operation fault, including but not limited to the technical adjustment of the telecommunications sector, the destruction of the telecommunications/power line by others, and the installation, modification and maintenance of telecommunications network/power resources by any third party;
(4) Network security incidents, such as computer viruses, trojans or other malicious programs and hacking attacks;
(5) The improper operations or the failures of your computer software, systems, hardware and communication lines;
(6) The non-authorized use of Coohom Platform by users;
(7) Other situations that are not caused by Coohom Group, or can not be controlled or reasonably foreseen by Coohom Group.
10. Service Termination
10.1 If this Agreement or the services of Coohom Platform is terminated for any reason (including but not limited to force majeure, user arrears, user violations, etc.), for all data in your Coohom user account or any data stored in Coohom Group’s servers due to the use of Coohom Platform will be kept as long as your account exists. You shall complete the migration and backup of all data in a timely manner. After the expiration of the retention period, Coohom Group will automatically delete all your data.
10.2 You understand and agree that the suspension, interruption or termination of the services of Coohom Platform and/or Coohom user accounts does not represent a termination of your responsibility and you shall still be liable for possible breach of contract or damages during the use of Coohom Platform.
11. Limitation Liability
11.1 In any case, the responsibility for the use of the related services provided by the third party in the process of using Coohom Platform by the user shall be borne by the third party, and Coohom Group shall not be responsible for such responsibility.
11.2 Coohom Group does not provide any warranty or condition, express, implied or statutory, to any user and/or any transaction. Before making a trading decision, you shall fully understand the relevant transactions, make careful decisions based on your own trading objectives, risk tolerance and asset status, and bear all risks at your own risk.
11.3 Your access to and use of Coohom Platform are at your own risk. You understand and agree that the services of Coohom Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, COOHOM GROUP DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Coohom Group makes no warranty or representation and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security or reliability of Coohom Platform; (2) any harm to your computer system, loss of data, or other harm that results from your access to or use of Coohom Platform; (3) the deletion of, or the failure to store or to transmit, any content and other data maintained by Coohom Platform; and (4) whether Coohom Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Coohom Platform or through the services of Coohom Platform, will create any warranty or representation not expressly made herein.
11.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOHOM GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE COOHOM PLATFORM; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON COOHOM PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM COOHOM PLATFORM; OR (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COOHOM GROUP EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COOHOM GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Intellectual Property
12.1 Coohom Group gives you a personal, royalty-free, non-assignable and non-exclusive license to use Coohom Platform. This license has the sole purpose of enabling you to use and enjoy the benefit of the services of Coohom Platform as provided by Coohom Group, in the manner permitted by this Agreement.
12.2 The intellectual property rights, including but not limited to trademark rights, patents, copyrights and trade secrets of all contents on Coohom Platform, including but not limited to projects, images, files, information, documentations, platform architecture, platform screen arrangement and web design belong to Coohom Group or other right holders. Without the specific written agreement of Coohom Group or other right holders, no one shall use, modify, reproduce, publicly display, alter, distribute or publicly publish programs or contents of Coohom Platform. Without the specific written agreement of Coohom Group, no one shall reproduce, copy, forge, sell, resell or access Coohom Group or any part thereof for any commercial purposes.
12.3 Coohom Group respects and protects intellectual property rights and has specifically formulated the Intellectual Property Terms as an integral part of this Agreement and has the same legal effect as this Agreement. Please be sure to carefully read and understand the relevant terms of the Intellectual Property Terms. Where the terms of this Agreement differ from the Intellectual Property Terms and are not expressly agreed, the contents of the Intellectual Property Terms shall prevail.
13. Legal Application & Dispute Resolution
13.1 This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China. All disputes in connection with this Agreement or the execution thereof shall be settled through friendly negation. In case, no settlement can be reached through consultation, you agree to refer the dispute to arbitration by the Hong Kong International Arbitration Center (“HKIAC”) pursuant to the HKIAC’s arbitration rules effective at the time of application. The seat of arbitration shall be Hong Kong. The arbitral award shall be final and binding on the parties.