Agreement on Software License and Service of Tencent Weixin
Thank you for choosing Tencent Weixin and services!
In order to use Tencent Weixin software (hereinafter referred to as "the software") and services, you should read and abide by the Agreement on Software License and Service of Tencent Weixin (hereinafter referred to as the "Agreement") and the Tencent Service Agreement (腾讯服务协议) to use Tencent Weixin (hereinafter referred to as the "Software", "Weixin" may be displayed as "WeChat" in the app, as below) and the relevant services. Please be sure to read carefully and fully understand the content of the various terms, especially the terms of exemption and limitation of liability, as well as the separate agreement for opening or using a service, and whether to accept the terms. Restrictions and disclaimers may be underlined to remind users.
Unless you have read and accept all terms specified in this agreement, you may not download, install or use the software and related services. Any behavior including downloading, installing, using, obtaining a Weixin account, logging in, etc. shall be deemed that you have read and agreed to the terms of the Agreement.
I. Scope of the agreement
1.1 Parties to the Agreement
This agreement is an agreement between you and Tencent on downloading, installing, using and copying the software and using Tencent related services.
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. 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 content of the Services that Tencent may continue to publish. Once officially released, it constitutes an integral part of this Agreement, with which you shall also comply.
2.1 Service Content
The service content refer to the cross-platform communication tool (hereinafter referred to as "Weixin") provided by Tencent to the users, supporting single-person and multi-person participation and instant messaging services including transmission of voice SMS, video, pictures, emojis and text. It also provides users with, including but not limited to, connection expansion, convenient0 tools, Weixin Official Accounts, Open platforms, software licenses and services for functions or content such as information exchange with other software or hardware (hereinafter referred to as "the service").
2.2 Service Forms
2.2.1 You need to download the Tencent Weixin application to use the Services. Tencent will grant you a non-transferable and non-exclusive license for the Software. You can log in to Weixin for Web, Weixin for Windows, or Weixin for Mac via scanning 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 versions of the Weixin application, including but not limited to iOS, Android, Windows Phone, Symbian, BlackBerry, Windows and Mac. Users are required to select the software version matching the installed terminal device.
2.3 Scope of Authorized 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 non-commercial purposes on a single terminal device.
2.3.2 You may make a copy of the Software for the purpose of personal use of the Software and Services, and shall only use the copy as a backup. The copy must contain all the copyright information from the original Software.
2.3.3 All other rights not expressly authorized by this article and other terms of this Agreement are still reserved by Tencent. You must obtain Tencent's written permission when exercising these rights. Tencent's failure to exercise any of the foregoing 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 function normally and therefore takes no responsibility for any losses or consequences.
IV. Installation and Uninstallation of the Software
4.1 Tencent may develop different versions of the Software for different devices. You should download the appropriate version for installation according to the actual situation.
4.2 After downloading the application, you need to follow the steps suggested by the program to for proper installation.
4.3 In order to provide more high-quality and secure services, Tencent may recommend you to install other software during the installation of this software, which you can choose whether to install.
4.4 If you no longer need to use the Software, or need to update to the latest version, 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 the user experience and service content, Tencent will constantly strive to develop new services and provide you with software updates from time to time (these updates may take the form of software replacement, modification, function enhancement, 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 notice.
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.
VI. Protection of User's Personal Information
6.1 It is a fundamental principle of Tencent to protect users" personal information. Tencent will take reasonable measures to protect such information. Except for the circumstances prescribed by laws and regulations, Tencent will not disclose users’ personal information to any third party without permission. Tencent adopts professionally encrypted storage and transmission methods for relevant information, to ensure the security of users’ 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 your mobile number so that Tencent can provide you with account registration service or user identification; the "People Nearby" feature needs your consent to use your geographic location information; and the mobile contacts matching feature requires your authorization for accessing your mobile contacts. If relevant laws and regulations or policies of the People’s Republic of China have special provisions, you need to provide real identity information. If the information you provide is incomplete, you will not be able to use the Services or you may be restricted during usage.
6.3 In general, you may browse and modify your 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). If you have registered a new Weixin account using an existing Weixin account, Tencent will consider the initially registered mobile number of the new account is the same as that of the existing Weixin account.
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 any 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 under 18 years of age, you need to obtain a written consent from 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 Usage Standards
7.1.1 Prior to using the Services, you need to register a Weixin account via a mobile number or an existing Weixin account. You can also link a QQ account and e-mail to the Weixin account after registration. If you wish to register via linking an email address, please use one that’s not linked to the Weixin Official Accounts Platform. Tencent has the right to specify the preconditions for registering a new Weixin account with an existing Weixin account and the maximum number of new accounts you can register with an existing Weixin account. For details, refer to the information provided on the product page.
Tencent is entitled to change the form of account registration and the linking method according to users' needs or product needs. During use of your account, please abide by the QQ ID Rules, Standards of Weixin Account Usage, related agreements for use of accounts, and special rules published by Tencent, regardless of how you register your Weixin account as agreed herein.
7.1.2 Ownership of all Weixin accounts belong to Tencent. After completing the application for registration, the user only obtains the right to use the Weixin account, and the usage right only belongs to the initial registrant. Meanwhile, the initial registrant shall not donate, borrow, rent, transfer or sell the Weixin account, or otherwise permit the non-initial applicant to use the Weixin account. Non-initial registrants shall not use Weixin account by donation, inheritance, lease, assignment or any other means.
7.1.3 The user is responsible for safekeeping the registration account information and password. The user shall assume legal responsibility for the registered account and password. The user agrees not to disclose the account and password information to others under any circumstance. When you suspect that someone else is using your account, you should immediately notify Tencent. If you register a new Weixin account through your existing Weixin account, Tencent may require you to use the above "Existing Weixin Account" for relevant auxiliary operations for the purpose of ensuring your account security, including but not limited to login verification, password recovery, account freezing, and appeal submissions, etc. If you have linked the new Weixin account with a different mobile phone number from the above-mentioned "Existing Weixin Account", the above-mentioned "Existing Weixin Account" will lose the ability to implement relevant auxiliary operations for the new Weixin account, and the action is irreversible. You should operate with caution.
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, and it can be modified on the premise of meeting the corresponding conditions according to the guidance of relevant function pages.
7.1.5 When you use a service or feature of the software, you may be required to create or register a new account ("feature account") based on your Weixin account by following the instructions provided. Unless otherwise specified or authorized by Tencent in writing, such account shall be owned by Tencent, and the user who applies for, creates and registers the account ("initial registrant") only has the right to use the account. The initial registrant shall not give, borrow, lease, transfer, or sell such accounts to any other users or otherwise license such account for use by any other users. Any user other than the initial registrant shall not receive the account as a gift or transferred property, or purchase, inherit, lease, or any other means to use the account.
7.1.6 In the event of a user not logging in to a Weixin account or feature account for a prolonged period after registration or creation of such an account, Tencent has the right to recall the account to avoid waste of resources, and the user shall be solely responsible for all losses arising from such situations.
7.2.1 You understand and agree that the Software will use the processor, bandwidth and other resources of your 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 service provider 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 relative business rules etc. (hereinafter collectively referred to as the "Separate Agreement"). Please read and agree to relevant Separate Agreement before using the service. By using the specific services mentioned above, you are deemed to have accepted the relevant Separate Agreement. For example, you should read and comply with the Weixin Pay User Service Agreement, if you need to use Weixin payment related services (including but not limited to Balance, Weixin Red Packets, transferring money, bank card consumption, making payments, receiving money and other payment services). Your use of Weixin to pay related services shall be deemed that you have accepted the Weixin Pay User Service Agreement. If you need to use Channels services (including but not limited to viewing, liking, commenting, forwarding, sharing, or creating or registering a channel), you shall carefully read and abide by the "Weixin Channels Operation Standards".
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 guarantee that your data is absolutely safe, including but not limited to the following circumstances:
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 that are 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 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.
22.214.171.124 You understand and agree that the Service may be interrupted due to force majeure and other risk factors during the use of the Service. Force majeure refers to unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one or both parties, including but not limited to natural disasters such as flood, earthquake, storm and plague, as well as social events such as war, unrest and government actions.
7.3 Third-Party Products and Services
7.3.1 When you use the products or services provided by a 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 the agreement.
7.3.2 When the user uses the Software or requires Tencent to provide any specific services, the Software may support the user's access by invoking a third-party system or through a third party, and the results of use or access shall be provided by the third party (including but not limited to the services provided by the third party through any Weixin Official Account or the content accessed through the Weixin Open Platform). Tencent does not guarantee security, accuracy, effectiveness and other uncertain risks of the services and content 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 promises to protect your personal information in strict accordance with the agreement during the promotion process. At the same time, you can also choose to block and 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 content 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, user description and profile of the Weixin account, or text, voice and pictures, videos, emojis, etc. that are sent to and/or published in Moments, Time Capsule, Channels content and pages of related links, and other content that are generated through using a Weixin account or Software and Services.
8.1.2 You understand and agree that Weixin is 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 disseminate content 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:
126.96.36.199 You shall not publish, transmit, disseminate, or store content that violates the laws and regulations of the People's Republic of China:
(1) Violating the basic principles established by the Constitution;
(2) Endangering national security, divulge state secrets, subvert state power and undermine national unity;
(3) Damaging national honor and interest;
(4) Inciting national hatred and ethnic discrimination, and destroy national unity;
(5) Undermining national religious policies and promote cults and feudal superstition;
(6) Spreading rumors, disturb the social order and undermine social stability;
(7) Disseminating obscenity, pornography, gambling, violence, terror or abet any crime;
(8) Insulting or slandering others and infringe legitimate rights and interests of others;
(9) Inciting illegal assembly, association, procession, demonstrations and gatherings disrupting the social order;
(10) Carrying out any activity in the name of any illegal civil organization;
(11) Not in compliance with the 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) Containing any other content prohibited by the law and administrative regulations.
188.8.131.52 You shall not publish, transmit, disseminate or store content that infringe upon other people's reputation rights, portrait rights, intellectual property rights, trade secrets and other legitimate rights;
184.108.40.206 You shall not publish, transmit, disseminate or store content relating to others' privacy, personal information or materials;
220.127.116.11 You shall not publish, transmit or disseminate harassment and advertising information, over-marketing information, spam or any information containing any sexual content or sexual connotation;
18.104.22.168 Other information that violates laws, regulations, policies and public order, that contradicts social morality, or interferes with the normal operation of Weixin or infringes the legitimate rights and interests of other users or third parties.
8.2 Software Usage Specifications
8.2.1 You shall not engage in any of the following acts in the course of using the Software except as permitted by law or by Tencent's written permission:
22.214.171.124 Delete the copyright information on the Software and its copies;
126.96.36.199 Conduct reverse engineering, reverse assembly and reverse compiling on the Software, or any other attempts to discover the source code of the Software;
188.8.131.52 Use, lease, lend, copy, modify, link, reproduce, compile, release, publish or establish a mirror site for the content that Tencent owns intellectual property rights;
184.108.40.206 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;
220.127.116.11 Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data, or operate or disseminate to the public the software and methods used for the purposes described above, regardless of whether such acts are for commercial purposes.
18.104.22.168 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 these tools;
22.214.171.124 Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;
126.96.36.199 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:
188.8.131.52 violation of laws and regulations or the provisions of this Agreement;
184.108.40.206 affecting the service experience of Weixin;
220.127.116.11 causing any potential safety hazard;
18.104.22.168 copying the primary functions or functional components of Weixin or other products of Tencent, or use other means to achieve the main effect of the above mentioned functions or functional components;
22.214.171.124 trying to mislead users to believing the products, services, or functions are provided or authorized by Tencent, by adopting similar interface, style, function, description or user experience to Weixin and Tencent.
126.96.36.199 Other behaviors which contradict the operating principles of Weixin or its service platform, or other management requirements of Tencent.
8.3 Service Operation requirements
Unless permitted by law or authorized by Tencent in writing, you shall not engage in the following acts in the course of using 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 reputation rights, portrait rights, intellectual property rights 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 Reproduce or publish the methods or tools related to the above-mentioned acts, or operate or disseminate 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.
In order to protect the legitimate rights and interests of users and provide a better user experience, Tencent has formulated the Standards of Weixin Account Usage, which shall be equally binding upon using the Software.
8.4 Responsible for Your Own Acts
You fully understand and agree that you are fully responsible for all acts under your registered account, including any content, comments, likes, recommendations and other actions you post, as well as any consequences arising therefrom. You shall make your own judgment on the content of the service and bear all risks arising from the use of the content, including the risks arising from your reliance on the correctness, integrity or practicability of the content. Tencent cannot and will not be liable for any loss or damage caused by the above risks.
8.5 Treatment for Breach of Contract
8.5.1 If Tencent finds or receives a report or complaint from others against the user on violation to this Agreement, Tencent is entitled to remove or obscure relevant content at any time without notice, impose penalties 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 reasonable judgement, penalize any act violating relevant laws and regulations or provisions of this Agreement, take appropriate legal action against any user in violation of 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 intellectual property owner of the software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the software, as well as all information content related to the software (including but not limited to words, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.) are protected by the laws and regulations of the People's Republic of China and corresponding international treaties, Tencent enjoys the above intellectual property rights, except the rights that relevant obligees should enjoy in accordance with the law.
9.2 You shall 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 prior written consent from Tencent or relevant rights holders.
9.3 All content uploaded and released during your use of the Software and Service will not transfer intellectual property rights, portrait rights and other rights due to uploading and publishing. However, you acknowledge and agree that, within the scope permitted by law, Tencent can use non-confidential content uploaded or published by you (such as video published via Time Capsule, selfie emojis, and Channels content) for achieving the purpose of the Software and Services, including but not limited to storing, playing to relevant users, obtaining and reuse by relevant users, etc.
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 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 losses.
10.2 You shall not produce, publish, use, or disseminate any malicious programs which steals Weixin accounts and other personal information or property.
10.3 It is the joint responsibility of Tencent and you to maintain the security and normal use of the software. Tencent will reasonably and prudently take necessary technical measures to protect the information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that Tencent cannot provide a full guarantee in this regard.
10.4 Under no circumstances should you believe in money borrowing, request for passwords or other network information relating to property and assets in any case. Please make sure to verify the identity of the person involved with respect to any operation related to property and assets. In addition, please 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 open source code and public domain code that may be used for the Software, as below), and such use has been legally authorized.
11.2 If any third-party software or technology is adopted for the Software, Tencent will display 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 disputes arising from the third party's software or technology used in the Software shall be settled by the third party, and Tencent shall not bear any responsibility. Tencent does not provide customer service support for third-party software or technology. If you need support, please contact the third party.
12.1 By using the Software, you shall be deemed to have read and agreed to be bound by this agreement. Tencent reserves the right to modify the terms of this agreement if necessary. You can refer to the relevant agreement terms in the latest version of the software. After the terms of this Agreement are changed, if you continue to use the software, you shall be deemed to have accepted the modified 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 establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China (excluding conflict of laws).
12.4 In case of any disputes between you and Tencent, it shall first be resolved through negotiation; where the negotiation fails, you agree to submit the dispute or dispute to the people's court with jurisdiction in the place where this agreement is signed.
12.5 The headings of all terms of this Agreement are only for convenience of reading 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 in different languages, including Chinese, English and others. In case of any inconsistency and discrepancy between the Chinese version and the versions of other languages, the Chinese version shall prevail.
12.7 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining provisions shall remain in force and binding on both parties.
Shenzhen Tencent Computer Systems Company Limited