Social Assistant Call Summarization User Agreement
Last updated: November 2024
Version No.: 20241130V1.0
Head and Preamble
Welcome to Social Assistant Call Summarization software and services!
Social Assistant Call Summarization User Agreement (hereinafter referred to as "the Agreement") is a legal agreement between you and SHANGHAI TRANSSION CO., LTD. (hereinafter referred to variously as "we", "us", or "our") for the right to use and manage Software services, and we would like to remind you of the importance of carefully reading and understanding the terms of the Agreement, especially those pertaining to the exemption and limitation of liabilities, privacy protection, rules governing use, applicable law, and the resolution of disputes along with any other terms or conditions that may be rendered in bold or capitalized so as to underline their importance. You must be of legal age of majority as defined by applicable laws in your jurisdiction to access and sign the Agreement. Minors are asked to read and understand the Agreement together with their legal guardian and obtain the express consent of their guardian before using the Software and related services.
Clicking Agree on the web page/pop-up window and/or beginning to use Social Assistant Call Summarization Software and Services shall be deemed confirmation on the part of users that they have voluntarily read, understood, and agreed to be bound by the Agreement. If you do not agree to the Agreement, please refrain from using any part of Social Assistant Call Summarization software or services.
For any questions or suggestions regarding the Agreement, please feel free to get in contact with us through Feedback in Phone Settings. We will be happy to answer any questions you might have.
I. Overview
1.1About the Services: We provide you with AI supported social assistant call summarization tools through Social Assistant Call Summarization software.
1.2Scope of Application: The Agreement is applicable to all Social Assistant Call Summarization products and services, including applications, mini-programs, webpages, software development kits (SDKs), and application programming interfaces (APIs) for third-party websites and applications used on computers and mobile devices, or any other forms that may emerge in the future subject to the specific range of services offered by Social Assistant Call Summarization.
1.3Protection of minors: Users under the age of 18 (or the legal age of majority in the jurisdiction where you are using the Software or the Services) are asked to read and understand the Agreement together with a parent or legal guardian. Agreeing to and using the Software and Services shall be interpreted as an acknowledgment of having read the Agreement with a parent or legal guardian and their understanding and approval of the Agreement. Parents or guardians permitting a minor to use Social Assistant Call Summarization software or services agree to: (i) supervise the use of Social Assistant Call Summarization software or services by the minor; (ii) assume all risks associated with the minor's use of Social Assistant Call Summarization software or services, including but not limited to the risk of transmission of content to/from third parties via the Internet; (iii) assume any liability arising from the use of Social Assistant Call Summarization software or services by the minor; (iv) ensure the accuracy and authenticity of all information submitted by the minor; (v) assume all responsibility under the Agreement for the use of Social Assistant Call Summarization software or services by the minor and be bound by the Agreement.
1.4Agreement update: In order to improve your experience or enhance the safety performance of our products, we will continuously strive to develop new software and services and provide you with software updates (these updates include, but are not limited to, software version upgrades, modifications, functional improvements, and other forms) or fixes in a timely manner, and we have the right to modify the Agreement when necessary in compliance with applicable laws and regulations. The updated terms shall replace the original Agreement and shall become effective upon the expiration of the period prescribed by applicable laws or, if not specifically provided for by applicable laws, the Agreement shall become effective as of the date of the update. Updated terms shall be posted on Social Assistant Call Summarization software and services and may be reviewed at any time. Continued use of Social Assistant Call Summarization Software and Services after the Agreement has been updated shall constitute acceptance of the update. If you do not wish to accept the updated agreement, you have the right to stop using Social Assistant Call Summarization products and services.
II. Scope of the Software License
Subject to the Agreement, we grant you a limited, non-exclusive, non-exclusionary, non-transferable, individual, revocable license to access and use the software and services with the right to install, use, display, and run the software and services on terminal devices you own or lease for non-commercial purposes. We retain all other rights related to the Software not expressly granted to you in the Agreement. Consent must be obtained to access any other rights related to the Software.
III. About Social Assistant Call Summarization software and relevant services
3.1Major services provided by our independently developed software Social Assistant Call Summarization shall include without being limited to:
（1）Social Assistant Call Summarization Tool : you can summarize the key points of your social media call through this tool;
Please understand and be aware that our services may be adjusted and updated from time to time based on your needs or our operational needs, and please refer to the service features that we display in real time on the Software web page or other service interfaces (if any).
3.2You understand and agree that during your use of the Software and the Services, we may send you relevant information, advertising, or brand promotions, and we will display commercial advertisements, promotions, or information (commercial or non-commercial) of the Software and the Services and/or those from our third-party suppliers and partners in the Software and the Services. If you do not want to receive personalized push advertising, you can deactivate the function, but you may still receive non-personalized advertising during the use of our product.You can choose to unsubscribe from advertisements you receive by email or SMS, this is within your rights.
3.3You understand and agree that we may suspend, discontinue, or stop providing the Software and the Services due to our business development needs or in accordance with the requirements of judicial, regulatory, and supervisory authorities.
3.4Unless permitted by applicable law and as authorized by us in writing, you are not allowed to use or otherwise export or re-export the Software and the Services.
IV. Restrictions on Use
4.1During the use of the Software and the Services, you shall not (including but not limited to):
（1）Publish, transmit, disseminate, and store content that violates laws, regulations, policies, public order, good customs or social morals, such as insults, libels, violence, and violations of religion, as well as false information and advertising that mislead, deceive, and negatively affect others.
（2）Leasing, lending, copying, modifying, linking, reposting, compiling, publishing, releasing the Software, or conducting any similar acts.
（3）Carrying out jail breaking, reverse engineering, reverse assembly, reverse compilation on the Software, or any other attempts to damage the Software; or using plug-ins, add-ons, or third-party tools/services not approved by us to access or interfere with the Software.
（4）Copying, modifying, adding, deleting, or mounting on the data released into any device memory from the Software/the Services or during the operation of the Software, the interactive data between the client and the server during the operation of the Software, and the system data necessary for the operation of the Software, or creating any derivatives of the Software; modifying or forging the instructions and data in the operation of the Software; adding, deleting, or changing the functions or operation effects of the Software; or operating or disseminating the Software and methods employed for the aforementioned purposes to the public, regardless of whether such acts are commerce-oriented.
（5）Engage in other acts that violate law, regulations, policies, public order and good customs, or social morality, or that are in the absence of our written permission.
（6）Engage in other acts through the Software that violate law, regulations, policies, public order and good customs, or social morality, infringe on third party rights or that are in the absence of our written permission.
4.2Engaging yourself or motivating others to engage in any duplication (other than as expressly permitted by the License), reverse compilation, reverse engineering, disassembly, attempt to export source code, decoding, or modification pertaining to Social Assistant Call Summarization software, the Services, or any part thereof (except those conducted under applicable laws or the terms of the license of an open source component that may be included in Social Assistant Call Summarization software) or create any other derivative works shall be strictly prohibited, and you hereby acknowledge it to be so. Deleting, blocking, or altering any proprietary notifications (including but not limited to trademarks and copyright notices) that may be attached to or included in Social Assistant Call Summarization software shall be strictly prohibited, and you hereby acknowledge it to be so.
V. Intellectual Property Rights and Ownership
We are entitled to the intellectual property rights, ownership rights and all rights not expressly granted to you, including but not limited to copyrights, trademarks and patents, in the Software and Services and all information content (including but not limited to UI design, images, fonts, audio, etc.), and are protected by applicable intellectual property, anti-unfair competition and other laws and regulations, as well as relevant international treaties. If you sell, copy, or license the Software to any third party for commercial use without the express authorization of the Agreement, you shall obtain our written permission separately.
VI. Precautions for Use
6.1You fully understand and agree that relevant permissions and interfaces of your device may be required by a specific service of the Software, and some services may even request your consent to an additional user agreement. Please read the aforementioned agreement and relevant rules carefully before using the services.
6.2We reserve the right to display various information to you in the course of providing the Services, including, but not limited to, authorization requests, display of advertising information, and promotional information, which may appear in the form of system messages or pop-up windows, etc. If you do not agree to receive such messages, you have the right to cancel the services involved, which may render relevant services or functions unavailable.
6.3You understand and agree that we will use commercially reasonable efforts to safeguard the security of your data storage during your use of the Services, but that we cannot provide complete warranties in this regard, as in the following cases:
（1）To the maximum extent permitted by law, we will not take responsibility for deleting or failing to store data in the Software and the Services.
（2）We will store the information required to conduct business according to the minimum storage period required, unless you agree to extend the retention period or are permitted by law, and we also have the right to determine the maximum storage space for your data in the Software, etc. You may back up the relevant data in the Software and the Services as you see fit.
6.4When you use the Services, the specific content displayed may differ depending on the version of the software you are using. You understand and agree that, when you use certain versions of the Software or enter the application-related pages developed by us, in order to provide you with a better service experience, the installation location, size, UI interface and other necessary information of the installed applications on your terminal device may be adjusted, depending on the version we actually provide.
6.5You hereby acknowledge that you understand and agree that you are prohibited from submitting any private information while using the Services that may affect your safety or that of your property or the personal safety or property of anyone else and that you bear responsibility for your actions and any content you may publish and any consequences arising therefrom. We will provide services notice for users in the call. Please respect other users’ choices and preferences.
6.6Please be noted that content generated by Social Assistant Call Summarization and so on includes that generated by AI. You shall exercise your judgment regarding the content to which you are exposed when using the Services and assume all risks arising from the use of the content, including without being limited to, risks arising from reliance on the accuracy, completeness, or usefulness of the content. We cannot and will not be liable to you for any loss or damage arising from the foregoing risks.
6.7If we find or receive reports from others that you have violated the Agreement, we have the right at any time without notice to: delete or block the relevant content; suspend or terminate your use of the corresponding account or all services; pursue legal responsibility, among other measures. You shall be liable for any damages incurred by any third party arising from your breach of the Agreement. You shall also compensate us for any damages (including, but not limited to, possible administrative penalties, attorneys' fees, and investigation and evidence costs) that we may suffer as a result.
VII. About Updates
To provide you with a better service experience and ensure the security of the Software, we will provide updates or iterations of the Software and related services from time to time (including but not limited to software modifications, version upgrades, certain feature deactivation, feature enhancements, new service development, software replacements, and feature improvements, among others). You may choose whether to update the corresponding version as needed. We will also inform you in an appropriate manner where feasible (including but not limited to system prompts, in-app messages, announcements, app store update prompts, among others). You may choose whether to accept the updated version. Updating to the latest version may improve your user experience. Should you choose not to accept Social Assistant Call Summarization updates, we would ask for your understanding that doing so may make the Software vulnerable to serious security risks or cause the Software to be unstable or unusable. Outdated versions may limit certain Software functions and services or cause them to cease working altogether.
VIII. Software or Services Provided by Third Parties
8.1In order to facilitate your use of Social Assistant Call Summarization, third-party software or services may be engaged with use or access provided by third parties (including without being limited to services and content provided by third parties that you are redirected to through the Software or the Services, and any services and content accessed by third parties through the Social Assistant Call Summarization open platform). When you use software or services provided in the Software by a third party, you shall comply with the user agreement of the third party in addition to the Agreement. We cannot guarantee the security, accuracy, or effectiveness, among other uncertainties of the services and content provided by a third party. To the maximum extent permitted by applicable laws, the risks and responsibility involved shall be borne by you.
8.2You hereby acknowledge that you understand and agree that whether the third-party software or services come built into Social Assistant Call Summarization software and services or are opened or subscribed to afterwards, we cannot provide any express or implied warranty for the security, accuracy, or effectiveness, among other uncertainties of the services and content provided by third parties.
8.3Any dispute between you and the above-mentioned third parties that provide software and services shall be settled by you and the third parties, and you shall bear the relevant responsibility.
IX. About Payments and Advertisements
You hereby acknowledge that you understand and agree that the Software and its services are currently being provided for free, though as our services continue to evolve, certain software or services provided by Social Assistant Call Summarization may come to require payment in the future. We reserve the right to add paid functions in future services as well as the right to display advertisements related to the Software or the Services. Software offers for paid services will be clearly displayed before use, with the free choice to accept their use or not. In this event, please follow the prompts (including without being limited to service fee standards, payment terms, and service rules) for paid services. Paid services will only be made available after the explicit agreement to the fees has been provided.
The Software and Services may consume resources such as your device, bandwidth, and data resources, among others. Responsibility for fees incurred when using the Software, including Internet access charges, SMS costs, and charges for additional software services shall be borne by you.
X. Privacy Policy
To provide you with Social Assistant Call Summarization Software and Services, we may need to collect your personal data. We take the protection of your personal data seriously and have developed the Social Assistant Call Summarization Privacy Policy (refer to Privacy Policy for details), which details how Social Assistant Call Summarization collects, uses, stores, transfers, and discloses your personal data. You may also go to Settings-Special Function-Smart Panel-Social Assistant-More-Call Summarization-About-Privacy Policy to see the details. The Privacy Policy is part of the Agreement. By downloading, installing, or using the Software and Services, you agree to be bound by the terms of the Agreement and the Privacy Policy, and we will protect your privacy in accordance with the Privacy Policy.
XI. Termination and Liability for Breach of the Agreement
We reserve the right to judge whether user behavior complies with the terms of the Agreement. In the event you have been found to be in violation of relevant laws and regulations or any of the terms and conditions of the Agreement or related rules, Social Assistant Call Summarization and its licensors reserve the right to act in accordance with the severity of the violation and remove the offending information and restrict, suspend, or terminate the use of the Software and Services without further notice. In addition, you will be liable for your wrongdoings. Following termination of the Agreement, we will retain information kept in Social Assistant Call Summarization software and delete information generated during your use of the Software from our database within a reasonable period of time in accordance with the requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable laws, we shall not be liable for the removal of such information.
XII. Indemnity
You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all our officers, directors, and employees against and from any and all third-party claims, lawsuits, losses, damages, liabilities, judgments, costs, and expenses (including reasonable attorney fees) arising from: (i) any failure by you or anyone you permit to use the Services to follow the provisions of the Agreement during use; (ii) any violation by you or anyone you permit to use the Services of the provisions of the Agreement; or (iii) any violation by you or anyone you permit to use the Services of laws, regulations or the rights of any third party.
XIII. Disclaimer
13.1The Services is our independently developed software product designed to provide tool service for you. We are not affiliated with, associated with, authorized, endorsed by, or in any way officially connected with any third-party applications or companies (including but not limited to any third-party services supported by this tool). You should recognize that any disputes and damages arising from the use of such third-party service platforms in connection with the Software are unrelated to the Services, and the Services bears no responsibility for them.
13.2To the fullest extent permitted by applicable laws, the Software and Services are offered on an "as is" and "as available" basis, and we hereby expressly disclaim any guarantees or other undertakings, whether express, implied, or statutory, including (but not limited to) implied guarantees, liabilities, or conditions (if any) of merchantability, fitness for a particular purpose, accuracy or completeness of response, results, exquisite achievements, freedom from viruses and negligence with respect to the Software and Services.
13.3The Software does not contain any malicious code aimed at destroying your device data or accessing your private information. We will ensure the safe, timely, effective, accurate, reliable, and continuous operation of the Software and the Services to the best of our ability. Nevertheless, due to the limitation of existing technology, the Software, and the Services may be affected or interfered with by various unstable factors. We cannot guarantee that the Software and the Services are perfectly compatible with all software and hardware or completely free of any errors or interference, or that any errors thereof can be corrected. In the event of incompatibility and software errors, please contact us for technical support. If the compatibility issue cannot be resolved, you may delete the Software. We will be exempted from liability for any loss caused to you to the maximum extent permitted by applicable laws.
XIV. Limitation of Liability
To the extent not prohibited by applicable laws, in no event shall we and our affiliates, officers, directors, employees, and agents be liable to you for any indirect, incidental, special, consequential, or punitive damages (even if we are aware of the possibility of such damages) due to the reasons below, including but not limited to loss of profits, damage to goodwill, loss of use, loss of data, loss of business interruption, or any other intangible loss, regardless of the cause of the formation and the theory of liability (in contract, tort, or others). The reasons include: (1) your use of or inability to use the Services; (2) unauthorized access to or alteration of content or data transmitted by you; (3) deletion, corruption, or inability to use of content or data transmitted by you through the Services; (4) acts done by any third party in connection with the Services; and (5) any other matters relating to the Services. This limitation may not extend to you if you are in a country or region that does not allow exemption of liability for personal injury and incidental or consequential damages, nor permit limitation on additional liabilities. Additionally, our liability for damages shall be limited to the total amount you paid for using the Software or the Services in the 12 months before the claim date (in the case of paid services). However, should the laws in your jurisdiction prohibit limiting liability, applicable laws and regulations shall prevail.
XV. Governing Laws and Dispute Resolution
15.1Governing laws: The confirmation, performance, interpretation, modification, and dispute resolution of the Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. However, the conflict-of-laws provisions are not applicable. You agree that the Agreement is signed in Hong Kong.
15.2Arbitration: Any dispute or controversy between you and us in relation to the Agreement shall be first settled through friendly negotiations. If such negotiations fail, you unconditionally agree to submit any dispute or controversy (whether in contract, tort, or other disputes and controversies) arising from or related to us, our directors, agents, and employees to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with the applicable rules of HKIAC. The arbitration shall be conducted by one (1) arbitrator. The arbitration shall be conducted in Hong Kong, China, the arbitration proceedings and all pleadings and documentary evidence shall be in English, and the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Any arbitration under the Agreement will be conducted on an individual basis and you shall not have the right to initiate any arbitration on a collective or representative basis, and you will not bring or participate in any class action against us.
XVI. General Provisions
16.1Headings: The headings of all the terms of the Agreement are for reference only and have no actual meanings and cannot be regarded as a basis for interpreting the Agreement.
16.2Severability: If a term or provision of the Agreement is held by any judicial or administrative organ to be partially invalid or unenforceable for any reason, such determination shall not affect the remaining terms and provisions of the Agreement, which shall remain valid and be interpreted accordingly.
16.3Language: If the Agreement is available in more than one language, such as English and Arabic, the English version shall prevail for any inconsistency.
16.4Non-Waiver: Our failure to enforce any provision related to Social Assistant Call Summarization services or to require your fulfillment of any provision related to Social Assistant Call Summarization services shall in no way be construed as a current or future waiver of such provision, nor shall it in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition, or requirement related to Social Assistant Call Summarization services shall not constitute a waiver of the fulfillment of any future obligation under such provision, condition, or requirement.
16.5Entire Agreement: This Agreement constitutes the entire agreement between you the user and us regarding the use of the Software and shall supersede any prior agreement between you the user and Social Assistant Call Summarization regarding the use of the Software. You may also be subject to other terms and conditions when you use or purchase open-source software, third-party content, or other services.