Agreement on Software License and Service of Tencent Weixin
Welcome to use Weixin and relevant services of Tencent!
You must read and comply with the Agreement on Software License and Service of Tencent Weixin (hereinafter referred to as the "Agreement"), the Tencent Service Agreement to use Tencent Weixin (hereinafter referred to as the "Software", “Weixin” may be displayed as "WeChat" in the app, the same below) and relevant services. Please carefully read and fully understand the content of each term, in particular the terms with respect to exemption or limitation of liability, and any separate agreement to activate or use some specific services, and choose to accept them or not. You may be prompted for the terms exempting or limiting liability in bold form.
You may not download, install or use the Software and related services unless you have read and accepted all the terms of this Agreement. Your downloading, installation, use, acquisition of any Weixin account, login and other similar acts shall be deemed that you have read and agreed to be bound by the Agreement.
I. Scope of the agreement
1.1 Parties to the Agreement
This Agreement is entered into by and between you and Tencent regarding your download, installation, use, copy of the Software and your use of related services of Tencent.
1.2 Agreements’ Relationship and Conflicting Terms
This Agreement is regarded as a supplementary agreement of the Tencent Service Agreement. It is an integral part to the foregoing agreement and rules and constitutes a unified whole with such agreement and rules. In the event of any conflict between the Agreement and the Tencent Service Agreement, this Agreement shall prevail.
This Agreement also includes relevant agreements, business rules and other contents of the Services that Tencent may publish from time to time. Once any of such contents is officially published, it constitutes an integral part of this Agreement, with which you should also comply.
II. The Services
2.1 Contents of the Services
The service contents refer to the cross-platform communication tool (hereinafter referred to as "Weixin", exactly the same thing as “微信” being operated within mainland China) provided by Tencent to the users, supporting single-person and multi-person participation and instant messaging services including transmission of voice SMS, video, pictures, stickers and text, and also refer to the software licenses and services, including but not limited to relation chain extension, convenience tools, Weixin official accounts, open platforms, information exchange with other software or hardware and other functions and features (hereinafter referred to as the "Services").
2.2 Form of the Services
2.2.1 You need to download Tencent Weixin client to use the Services. Tencent grants you a non-transferable and non-exclusive license for the Software. You can log in the web version, Windows version and Mac version etc. of Weixin through scanning of the QR code. You may only use the Software and Services for the purpose of accessing to or using the Services.
2.2.2 Tencent may provide multiple application versions of the Weixin client for the Services, including but not limited to iOS, Android, Windows Phone, Symbian, BlackBerry, Windows and Mac. Users need to choose the version matching their installed terminal devices.
2.3 Scope of License of the Services
2.3.1 Tencent grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display and run the Software for a non-commercial purpose on a single terminal device.
2.3.2 You may make a copy of the Software for using the Software and Services, and shall only use the copy as a backup. The copy must contain all the copyright information contained in the original Software.
2.3.3 Tencent reserves all other rights not expressly authorized by this Article 2.3 and other terms of this Agreement. You shall separately obtain Tencent's written permission for exercise of such rights. Tencent’s failure to exercise any of the above-mentioned rights does not constitute a waiver of such rights.
III. Acquisition of the Software
3.1 You can obtain the Software directly from Tencent's website or a third party authorized by Tencent.
3.2 If you obtain the Software or any installation program with the same name as the Software from any third party without authorization by Tencent, Tencent cannot guarantee that the Software can be used normally and therefore takes no responsibility for any loss caused to you.
IV. Installation and Uninstallation of the Software
4.1 Tencent may develop different versions of the Software for different terminal devices. You should choose an appropriate version for installation according to the actual condition.
4.2 After downloading the installer, you need to follow the steps suggested by the program to achieve correct installation.
4.3 In order to provide a quality and secure service, Tencent may recommend other software to you during your installation of the Software, which you can choose to install or not.
4.4 If you no longer need to use the Software, or need to install the new version of the Software, you can uninstall the Software. If you are willing to help Tencent improve the product and services, please inform the reasons for uninstallation.
V. Software Update
5.1 In order to improve user experience and service contents, Tencent will continue to develop new services and from time to time provide you software updates (in the form of software replacement, modification, feature enhancement and version upgrade etc.).
5.2 In order to ensure the security and consistency of functionality of the Software and Services, Tencent reserves the right to update the Software, or change or restrict partial functionality of the Software without any special notice to you.
5.3 After the new version of the Software is released, older versions of the Software may not be available. Tencent does not guarantee that the old versions and corresponding customer services of the Software continue to be available. Please check and download the latest version at any time.
VI. Protection of the User’s Personal Information
6.1 It is a fundamental principle of Tencent to protect the user's personal information. Tencent will take reasonable measures to protect the user's personal information. Except for the circumstances prescribed by laws and regulations, Tencent will not make public or disclose the user's personal information to any third party without permission of the users. Tencent adopts professional encryption storage and transmission methods for related information, in order to protect the user's personal information.
6.2 You need to provide some necessary information when registering an account or using the Services. For example, you need to fill in the mobile phone number so that Tencent can provide you with account registration service or user identification; the function of “People Nearby” needs your consent to use your location information; and the matching function of mobile phone contacts requires your authorization of accessing to your mobile phone contacts and so on. If relevant national laws and regulations or policies have special provisions, you need to provide real identity information. If the information you provide is incomplete, you are not allowed to use the Services or you may be restricted during use of the Services.
6.3 In general, you may browse and modify your own information at any time. However, you may not be able to modify the initial registration information and other verification information provided at the time of registration for the purpose of security and identification (such as the Weixin account appeal service).
6.4 Tencent will apply a variety of security technologies and procedures to establish a sound management system to protect your personal information and avoid unauthorized access, use or disclosure.
6.5 Tencent will not disclose your personal information to any company, organization or individual without your consent, except as provided by laws and regulations.
6.6 Tencent attaches great importance to the protection of personal information of minors. If you are a minor, you should obtain the written consent of your parents or legal guardians before using Tencent's services.
6.7 You may read Weixin Privacy Protection Guidelines to learn more about what information Weixin collects or retains, how it is used, rights of you and how Weixin protect your personal information and privacy.
VII. Main Rights and Obligations
7.1 Account Use Specification
7.1.1 You need to register a Weixin account through a mobile phone number before using the Services. You can also bind a QQ Account and e-mail account to the Weixin account after successful registration. In case of binding with an e-mail account, please use an e-mail account that is not bound to any account in the Weixin Official Platform. Tencent is entitled to change the form of account registration and the binding manner according to user’s needs or product needs. With respect to the specific rules for your account, please comply with theQQ Account Rules ,Weixin Personal Account Use Guideline related agreements for use of accounts and special rules published by Tencent.
7.1.2 The ownership of any Weixin account belongs to Tencent. The user only obtains the right to use the Weixin account after completing the registration procedure. In addition, such right to use only belongs to the initial registration applicant. Moreover, the initial registration applicant shall not donate, borrow, rent, transfer or sell the Weixin account, nor permit any non-initial registration applicant to use the Weixin account. No non-initial registration applicant shall use the Weixin account by means of donation, inheritance, lease, transfer and so on.
7.1.3 The user shall be responsible for carefully safekeeping the registration account information and the account password. The user shall assume legal responsibly for the registered account and password. The user agrees not to disclose the account and password information to others in any case. When you suspect that someone else is using your account, you should immediately notify Tencent.
7.1.4 When the user registers the Weixin account with a mobile phone number, the system will automatically generate a Weixin ID. You can set the Weixin ID, but only for once. The Weixin ID cannot be modified once it is set.
7.1.5 If the user does not log on the Weixin account for a long time after registration, Tencent has the right to take back the account, to avoid waste of resources. The user shall be solely liable for the resulting loss.
7.2.1 You understand and agree that the Software will use the processor, bandwidth and other resources of your terminal device in order to provide you with effective services. The costs of data traffic may incur during use of the Software, and the user shall acquire relevant fee information from the operator on its own and bear relevant costs.
7.2.3 When you use a particular service of this Software, the service may be governed by separate agreements and related business rules etc. (hereinafter collectively referred to as the "Separate Agreement"). Please read and agree to relevant Separate Agreement before you use the service. Your use of the above specific service shall be deemed that you have accepted relevant Separate Agreement. For example, you should read and comply with the Weixin Payment System User Service Agreement, if you need to use Weixin to pay relevant services (including but not limited to loose change, Weixin Red Packet, transferring money, bank card consumption, making payment, receiving money and other payment services). Your use of Weixin to pay related services shall be deemed that you have accepted the Weixin Payment System User Service Agreement.
7.2.4 You understand and agree that Tencent will make its reasonable commercial efforts to maintain your data stored in the Software and Services safe, but Tencent cannot warrant that your data is absolutely safe, especially:
220.127.116.11 Tencent is not responsible for deletion or failure of your storage of relevant data in the Software and Services;
18.104.22.168 Tencent is entitled to decide at its discretion the longest period of data storage in the Software and Services for each user according to the actual situation, and allocate the maximum space in the server for data storage of the user and so on. You can back up relevant data in the Software and Services on your own according to your own needs;
22.214.171.124 If you stop using the Software and Services or the Services are terminated or canceled, Tencent can permanently delete your data from the server. When the Services are stopped, terminated or canceled, Tencent is not obligated to return any data to you.
7.2.5 The user shall be responsible for the risks beyond control of Tencent in the use of the Software and Services, including but not limited to:
126.96.36.199 Risks such as loss or leakage of personal information due to irresistible factors;
188.8.131.52 Any issues or damages arising from the failure of the user to choose the right software version matching the terminal device where the Software is installed;
184.108.40.206 Any risks caused by any third-party website or relevant content of such website when the user accesses to the website by using the Software;
220.127.116.11 Any risks or liabilities caused by others’ transmission or sharing of the content published by the user;
18.104.22.168 Risks including failure to login Tencent Weixin, incomplete data synchronization and slow page opening speed caused by unstable wireless network signal, small wireless network bandwidth or other reasons.
7.3 Third-Party Products and Services
7.3.1 When you use the products or services provided by any third party of this Software, you shall comply with the user agreement of the third party in addition to this Agreement. Tencent and the third party shall assume their respective responsibilities separately for any possible dispute between them within the scope prescribed by laws and or stipulated by agreement.
7.3.2 When the user uses the Software or requires Tencent to provide any specific service, the Software may support the user’s use or access by invoking a third-party system or through a third party. The third party provides the results of use or access (including but not limited to the services provided by the third party through any Weixin official account or the contents accessed through the Weixin Open Platform). Tencent does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provided by such third parties. Any dispute or damage caused therefrom is irrelevant to Tencent, Tencent therefore will not assume any responsibility.
7.3.4 You understand and agree that Tencent is entitled to use the Software for commercial purposes, including but not limited to development and use of partial services of the Software for promotion of any third party. Tencent undertakes to protect your personal information in the promotion process in strict accordance with this Agreement. Meanwhile, you can choose to block or refuse to receive relevant promotional information according to the system settings.
VIII. User’s Codes of Conduct
8.1 Information Content Specification
8.1.1 Information contents contained in this Article refer to any content created, produced, copied, published or transmitted by the user during the use of the Software and Services, including but not limited to, registered information such as profile photo, name and user description of the Weixin account, or text, voice and pictures, videos, stickers etc. that are sent to and/or published in “Moments” , Time Capsule and pages of related links, and other contents that are generated through use of the Weixin account or the Software and Services.
8.1.2 You understand and agree that Weixin has always been committed to providing users with a civilized, healthy, standardized and orderly network environment. You shall not use the Weixin account or the Software and Services to produce, copy, publish, or spread the contents interfering with normal operation of Weixin or infringing lawful rights and interests of other users or third parties, including but not limited to the following:
22.214.171.124 You may not publish, transmit, spread, and store prohibited contents in violation of national laws and regulations, which:
(1) Violate the basic principles established by the Constitution;
(2) Endanger national security, divulge state secrets, subvert state power and undermine national unity;
(3) Damage national honor and interest;
(4) Incite national hatred and ethnic discrimination, and destroy national unity;
(5) Undermine national religious policies and promote cults and feudal superstition;
(6) Spread rumors, disturb the social order and undermine social stability;
(7) Disseminate obscenity, pornography, gambling, violence, terror or abet any crime;
(8) Insult or slander others and infringe legitimate rights and interests of others;
(9) Incite illegal assembly, association, procession, demonstrations and gatherings disrupting the social order;
(10) Carry out any activity in the name of any illegal civil organization;
(11) Contradict to Interim Provisions on the Administration of the Development of Public Information Services of Instant Messaging Tools and comply with the requirements of "seven bottom lines" including laws and regulations, socialist systems, national interests, legitimate interests of citizens, public order, social morality and information authenticity;
(12) Contain any other content prohibited by laws and administrative regulations.
126.96.36.199 You may not publish, transfer, transmit and store the contents infringing legitimate rights of others, including the right of reputation, right of portrait, intellectual property right and trade secrets.
188.8.131.52 You may not publish, transfer, transmit and store the contents relating to others’ privacy, personal information or materials;
184.108.40.206 You may not publish, transfer and transmit harassment and advertising information, over-marketing information, spam or any information containing any sexual content or sexual connotation;
220.127.116.11 Other information that violates laws, regulations, policies and public order, contradicts to social morality, or interferes with the normal operation of Weixin or infringes the legitimate rights and interests of other users or third parties, which information is also prohibited to published, transferred and transmitted.
8.2 Software Usage Specification
8.2.1 You may not engage in any of the following acts in the course of your use of the Software except as permitted by law or by Tencent's written permission:
18.104.22.168 Delete the copyright information on the Software and its copies;
22.214.171.124 Conduct reverse engineering, reverse assembly and reverse compiling on the Software, or other attempt to discover the source code of the Software;
126.96.36.199 Use, rent, lend, copy, modify, link, reproduce, compile, release, publish or establish a mirror site for the contents that Tencent owns intellectual property rights;
188.8.131.52 Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for operation of the Software, or create any derivative works by using plug-ins, add-ons or third-party tools/services unauthorized by Tencent to access to the Software and related systems;
184.108.40.206 Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or spread to the public the software and methods used for the purposes described above, whether or not such acts are for commercial purposes.
220.127.116.11 Login or use Tencent Software and Services through any third-party software, plug-in, add-on or system that are not developed or authorized by Tencent, or produce, publish, disseminate the these tools;
18.104.22.168 Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;
22.214.171.124 Other acts not expressly authorized by Tencent.
8.2.2 You understand and agree that Tencent is entitled to choose the objects to provide with the Services, determine functions and settings, decide objects and the scope to open any function and disclose any data interface and related data, based on comprehensive factors including user experience, operating security of Weixin or related service platform, platform rules and healthy development. Tencent may suspend or terminate the Services to you if you’re suspected to be involved in the behaviors including but not limited to:
126.96.36.199 violation of laws and regulations or the provisions of this Agreement;
188.8.131.52 affecting the service experience of Weixin;
184.108.40.206 causing any potential safety hazard;
220.127.116.11 copying the primary functions or functional components of Weixin or other products of Tencent, or use other way to achieve the main effect of the said functions or functional components;
18.104.22.168 trying at misleading the users to believe your products, services, or function is provided or authorized by Tencent, by adopting similar interface, style, function, description or user experience to Weixin and Tencent.
22.214.171.124 Other behaviors which contradict to the operating principles of Weixin or its service platform, or other management requirements of Tencent.
8.3 Service Operation requirements
Except as permitted by law or authorized by Tencent in writing, you may not engage in the following acts in the course of your use of the Services:
8.3.1 Submit and publish false information, or impersonate others or use the name of others;
8.3.2 Induce other users to click on the link pages or share information;
8.3.3 Fabricate facts or conceal the truth to mislead or deceive others;
8.3.4 Infringe legitimate rights of others including right of reputation, right of portrait, intellectual property right and trade secrets;
8.3.5 Utilize any Weixin account, any function and any third-party operating platform to conduct promotion or mutual promotion without Tencent’s written permission;
8.3.6 Utilize any Weixin account or the Software and Services to engage in any illegal and criminal activities;
8.3.7 Make or release the methods or tools related to the above-mentioned acts, or operate or spread such methods or tools, whether or not for commercial purposes;
8.3.8 Other acts violating laws and regulations, infringing the legitimate rights and interests of other users, interfering with normal operation of products or not expressly authorized by Tencent.
8.4 Responsible for Your Own Acts
You fully understand and agree that you must be responsible for all acts under your account, including any content and any comments you published, your likes and recommendations etc., and any consequences arising therefrom. You shall judge the contents of the Service by yourself and assume all risks arising from the use of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. Tencent cannot and will not be responsible for any loss or damage caused by the foregoing risks.
8.5 Treatment for Breach of Contract
8.5.1 If Tencent finds or receives any report or complaint from others against the user on violation to this Agreement, Tencent is entitled to remove or obscure relevant contents at any time without notice, impose punishment on the violating account including but not limited to warning, restriction or prohibition of the use of some or all of the functions, account banning or cancellation, and announce the results of treatment.
8.5.2 You understand and agree that Tencent is entitled to, based on its reasonable judgement, punish any act violating relevant laws and regulations or provisions of this Agreement, take appropriate legal action against any user in violation of any laws and regulations, and preserve relevant information in accordance with related laws and regulations to report to relevant departments etc. The user shall bear all the resulting legal responsibilities.
8.5.3 You understand and agree that you shall be solely liable for any claims, requests or losses arising out of or in connection with your breach of the provisions of this Agreement or relevant terms of the Services. You shall also be liable for the compensation of any losses caused to Tencent.
IX. Statement on Intellectual Property Rights
9.1 Tencent is the holder of the intellectual property rights of the Software. All intellectual property rights related to the Software, including copyright, trademark, patent and trade secrets and all information related to this Software (including but not limited to text, images, audio, video, graphics, interface design, layout framework, related data or electronic documents) are protected by laws and regulations of the People's Republic of China and corresponding international treaties. Tencent enjoys the above intellectual property rights, except for those rights enjoyed by relevant right holders in accordance with the laws.
9.2 You may not or permit any third party to implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without the prior written consent of Tencent or relevant rights holders.
9.3 No intellectual property rights or rights of portrait associated with the contents created, uploaded or published by you via the Software and Services, will be assigned by uploading or publishing such contents. However, you acknowledge and agree that, to the extent permitted by laws, Tencent is granted to use the non-confidential contents uploaded or published by you (such as video published via Time Capsule, selfie stickers) for achieving the performance of the Software and Services, including without limited to storage, displaying to relevant users, granting and allowing other use.
X. Responsibility of Terminal Security
10.1 You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to users’ reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life, and that other software downloaded and installed and sites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and then affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.
10.2 You shall not produce, publish, use, and spread any malicious program which steals Weixin accounts and other personal information or property.
10.3 It is the common responsibility of you and Tencent to maintain software security and normal use. Tencent will reasonably and prudently take necessary technical measures to protect information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that Tencent cannot therefore provide a complete guarantee.
10.4 You should not believe in money borrowing, request for passwords or other network information relating to property in any case. Please make sure to verify the identity of the person involved with respect to any operation related to property. In addition, please always pay attention to Tencent’s tips for preventing fraudulent crimes.
XI. Third-Party Software or Technology
11.1 The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software), and such use has been legally authorized.
11.2 If any third-party software or technology is adopted for the Software, Tencent will demonstrate relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, or open source software pages and other forms, which may be expressed as "Software License Agreement", "License Agreement", "Open Source License" or other forms. The foregoing agreements, other documents and web pages presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require Tencent to provide assistance. You shall be solely liable for relevant legal responsibilities .
11.3 Any third party shall be liable for resolving any dispute arising from the use of any third-party’s software or technology for the Software, which is irrelevant to Tencent. Tencent does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.
12.1 Your use of the Software shall be deemed that you have read and agreed to be bound by this Agreement.Tencent reserves the right to modify the terms of this Agreement when necessary. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.
12.2 This Agreement is signed in Nanshan District, Shenzhen City, Guangdong Province of the People's Republic of China.
12.3 The formation, entry into force, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China, without regard to the principles of conflict of laws.
12.4 If any dispute arises between you and Tencent, the dispute shall be first resolved by negotiation; where the negotiation fails, you agree to submit the dispute to the people's court with jurisdiction at the signing place of this Agreement.
12.5 The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.
12.6 This Agreement may be drafted and concluded in different languages, including Chinese, English and others. In case of any inconsistency and discrepancy between the Chinese version and any version of other language, the Chinese version shall prevail.
12.7 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining terms shall remain in force and binding on both parties.