Terms of Service

Legal terms and conditions for using our services

Effective Date: January 1, 2023

Welcome to Beijing Starlight Pivot Culture Communication Co., Ltd's website and services (the "Site"). These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Beijing Starlight Pivot Culture Communication Co., Ltd ("us", "we" or "our"), concerning your access to and use of the Site.

1. Acceptance of Terms

Agreement to Terms

By accessing and using the Site, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use the Site.

Age Requirement

You must be at least 18 years of age to access and use the Site. By using the Site, you represent and warrant that you are at least 18 years of age.

Modifications to Terms

We reserve the right, at our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. We encourage you to review these Terms frequently.

2. Intellectual Property Rights

Our Content

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of various countries, international copyright treaties, and conventions.

Licensed Use

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Content and the Marks solely for your internal business purposes and in accordance with these Terms. No other rights are granted to you, expressly or by implication. All rights not expressly granted herein are reserved by us.

User-Generated Content

We do not claim any ownership rights in any text, graphics, photos, or other content that you submit to the Site (collectively, "User Content"). You or a third party retains all ownership rights to User Content. However, by posting User Content to the Site, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, and distribute such User Content on and through the Site and our related products and services.

3. Project Development Services

Service Description

Our Project Development service includes the creation of custom mobile applications, games, and digital solutions tailored to your specific requirements. This includes design, development, testing, and deployment of your project.

Development Process

The development process typically includes the following phases:

  • Discovery and requirements gathering
  • Design and prototyping
  • Development and implementation
  • Testing and quality assurance
  • Deployment and launch
  • Post-launch support and maintenance

Intellectual Property Ownership

Upon full payment for the development services, you will own all intellectual property rights to the final product, subject to the terms outlined in this agreement. We retain ownership of any pre-existing code, frameworks, or tools used in the development process.

App Store Compliance

We will ensure that your application complies with the guidelines and requirements of Google Play and Apple App Store. However, you are solely responsible for obtaining any necessary developer accounts, paying associated fees, and submitting applications to app stores.

4. Project Operation Services

Service Description

Our Project Operation service provides ongoing management and optimization of your mobile applications and games. This includes maintenance, updates, user acquisition, and performance optimization.

Service Scope

Operation services may include, but are not limited to:

  • Regular application updates and maintenance
  • Performance optimization and bug fixes
  • User acquisition and retention strategies
  • Analytics and reporting
  • Monetization optimization
  • Customer support and user feedback management

Performance Metrics

Performance metrics and KPIs will be established at the beginning of the operation agreement and reviewed regularly to ensure successful outcomes.

5. Self-Developed Projects

Product Licensing

Our self-developed projects are available for license or partnership. These projects utilize various monetization models including in-app subscriptions, in-app purchases, premium features, VIP programs, and advertising.

Monetization Models

We offer multiple monetization approaches for our self-developed projects:

  • Subscription models with recurring revenue
  • In-app purchases for virtual goods and services
  • Premium features for enhanced functionality
  • VIP programs with exclusive benefits
  • Advertising revenue through various ad formats

Global Compliance

Our self-developed projects comply with global standards including Google Play policies, App Store guidelines, and regional data protection regulations.

6. Payment and Fees

Payment Terms

All payments are due as specified in the project agreement. Invoices will be issued according to the agreed-upon schedule, and payment is required within the specified timeframe.

Pricing Structure

Pricing for our services is based on project scope, complexity, and duration. We offer both fixed-price contracts for well-defined projects and time-and-materials contracts for more flexible requirements.

Taxes

All fees are exclusive of applicable taxes. Clients are responsible for all taxes, duties, and fees applicable to their use of our services.

7. Representations and Warranties

Our Warranties

We warrant that we will perform services in a professional and workmanlike manner and in accordance with industry standards. However, we disclaim all other warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Your Warranties

You warrant that all information provided to us is accurate, complete, and not misleading. You also warrant that you have the right to enter into this agreement and grant the licenses and permissions set forth herein.

8. Limitation of Liability

Liability Cap

In no event shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or other intangible losses resulting from your use of or inability to use our services.

Maximum Liability

Our total liability under these Terms shall not exceed the fees paid by you to us in the three (3) months preceding the event giving rise to the claim.

9. Indemnification

Your Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, damages, liabilities, and expenses arising out of or related to your breach of these Terms or your violation of any third-party rights.

Our Indemnification

We agree to indemnify, defend, and hold you harmless from and against any claims, damages, liabilities, and expenses arising out of or related to our gross negligence or willful misconduct in providing our services.

10. Confidentiality

Confidential Information

Both parties agree to maintain the confidentiality of all proprietary and confidential information shared during the course of our business relationship. Confidential information includes but is not limited to business plans, technical specifications, financial information, and user data.

Duration

The obligations of confidentiality shall survive the termination of this agreement for a period of five (5) years from the date of disclosure.

11. Term and Termination

Term

These Terms shall remain in effect until terminated by either party in accordance with these provisions.

Termination

Either party may terminate this agreement for any reason with thirty (30) days written notice. We may terminate immediately for material breach by you if not cured within thirty (30) days of notice.

Effect of Termination

Upon termination, you shall cease all use of our services and Content. Sections 2, 7, 8, 9, 10, and 11 shall survive termination.

12. Miscellaneous

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law principles.

Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in Beijing, China.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with any project agreements or other legal notices published by us, shall constitute the entire agreement between you and us concerning our services.

13. Changes to Terms

We reserve the right to update or change these Terms at any time. Any changes will be posted on this page with an updated "Effective Date". Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: legal@bjxgzd.com
  • Address: Room 110-4576, Building 1, Xiwengzhuang Town Government, No. 66 Huanhu Road, Miyun District, Beijing, China