Effective Date: November 17, 2023
Updated Date: November 20, 2023
The “Otter Life App Software License and Service Agreement” (hereinafter referred to as “this Agreement”) is an agreement reached between you and the operator of Otter Life App regarding the use of the Otter Life App product and services. Before you start using the Otter Life App product and services, please carefully read this agreement and the “Otter Life App Privacy Policy” published by the operator of Otter Life App, and fully understand the terms, especially those involving limitations or exemptions of liability. Limitations and exemptions of liability will be highlighted in bold font for your attention, so please be sure to read them carefully.
You confirm that you have the legal capacity to perform civil acts in accordance with the laws of the People’s Republic of China and ensure that you have the ability to independently take responsibility for all your actions in using the Otter Life App product and services. Otter Life App hereby reminds you that any minor under the age of eighteen should not use the network services provided by Otter Life App software.
If you have any objections to any terms of this agreement or cannot accurately understand any terms of this agreement, please do not access and/or use the Otter Life App application and its related services. Your act of downloading, installing, obtaining an Otter Life App account, etc., for the use of the Otter Life App product and services will be deemed that you have fully understood and agreed to sign this agreement, and you commit to being bound by this agreement as a party to the agreement.
If you have any questions, you can contact us through the methods disclosed in this privacy policy (you can send relevant content to: otterlife@iftech.io) or other contact/feedback channels provided within the Otter Life App, and we will answer your questions as soon as possible.
1. Scope of the Agreement
1.1 This agreement stipulates the rights and obligations between Shanghai Ruoyou Network Technology Co., Ltd. and you regarding the use of the Otter Life App product and services.
1.2 Operator of Otter Life App: refers to Shanghai Ruoyou Network Technology Co., Ltd. However, with regard to certain service items related to this agreement and future services that may be related to Otter Life App products, affiliated companies of the operator of Otter Life App may also provide products and services to you and establish rights and obligations with you. In this agreement, affiliated companies refer to any enterprise controlled by, controlling, or jointly controlled by the same entity as the one controlling a certain party. Control refers to the direct or indirect ownership of more than fifty percent (50%) of the equity, voting rights, or management rights of the enterprise.
1.3 User: Also referred to as “You,” refers to anyone who obtains and uses the Otter Life App product in a legal manner, including natural persons or institutions.
1.4 Otter Life App Product: Also referred to as Otter Life App or Otter Life App software, refers to the mobile client application named Otter Life App owned and operated by the operator of Otter Life App, as well as its corresponding mobile website. The client application is provided in software form, including but not limited to various versions such as iOS, Android, etc. You must choose the software version that matches your installed terminal device.
1.5 Otter Life App Services: Refers to various operational services related to Otter Life App products provided by the operator of Otter Life App to you.
1.6 This agreement includes the business rules, related agreements, and revised versions of Otter Life App products and services that may be continuously published by the operator of Otter Life App and its affiliated companies. If adjustments to the relevant content have a significant impact on your rights or involve changes to your rights, we will inform you and provide services with your consent.
1.7 The operator of Otter Life App has the right to delegate the rights and obligations under this service or agreement to its affiliated companies or other third-party companies for operation, management, and fulfillment. The operator of Otter Life App does not need to obtain separate authorization from you for this (if it involves significant changes or reductions to your rights, the operator of Otter Life App will seek your consent separately). At that time, the operator of Otter Life App will make every effort to avoid inconvenience caused by the delegation or changes to the Otter Life App product-related services. At the same time, the operator of Otter Life App promises to take strict measures to protect the security of your data in Otter Life App in accordance with the provisions of laws and regulations.
2. Products and Services
2.1 Please be mindful of the source of the installation program. You should download the Otter Life App product to your legally owned terminal device from a legal source. At the same time, we remind you:
2.1.1 The operator of Otter Life App grants you a personal, non-transferable, and non-exclusive license to use the Otter Life App product and services. You may install and use the Otter Life App product on your terminal device for non-commercial purposes. The operator of Otter Life App also reserves the right to revoke this authorization in any necessary situation. However, unless specifically authorized, you should not and must not adapt, copy, or trade the Otter Life App product in any form.
2.1.2 If you obtain the Otter Life App product from a third party that is not authorized by the operator of Otter Life App or an installation program with the same name as the Otter Life App product, the operator of Otter Life App cannot guarantee the normal use of that product. The operator of Otter Life App is not responsible for any losses caused by this.
2.2 Once you open and enter the Otter Life App product on your terminal device, it is considered as using the Otter Life App product and services. To fully realize the functions of the Otter Life App product and services, you may need to connect your terminal device to the internet.
2.3 To ensure the security and consistency of the Otter Life App product and services, the operator of Otter Life App has the right to update the software without special notice to you or change or restrict certain functions or effects of the software.
2.4 After the release of a new version of the Otter Life App software, the old version of the software may become unusable. The operator of Otter Life App does not guarantee the continued usability of the old version software. Please check and download the latest version at any time.
2.5 You understand and agree that, in order to provide effective services, the operator of Otter Life App may use the processor and bandwidth resources of your terminal device. Data usage fees may be incurred during the use of Otter Life App, and you need to inquire about related tariff information from your service provider and bear the related expenses.
2.6 During the process of registering an account or using this service, you need to provide some necessary information, such as: to provide account registration services or to identify you, you need to provide a mobile phone number; some location-based functions require your consent to use your geographical location information; and the collection of contact matching functions requires your authorization to access your phone contacts, etc. If there are special regulations in national laws or policies requiring you to provide real identity information, if you refuse to provide information or the information you provide is incomplete, you may not be able to use the corresponding function or may be restricted during use.
2.7 The operator of Otter Life App will take appropriate security measures and technical means to protect the security of your personal information and other data. For the storage of personal information and data related to personal information, the operator of Otter Life App strictly follows the execution methods and deadlines stipulated by laws.
2.8 You understand and agree that, when using this software and services, you must bear the following risks that are beyond the control of the operator of Otter Life App, including but not limited to:
2.8.1 Risks of personal information loss or leakage due to irresistible factors;
2.8.2 You must choose the software version that matches your installed terminal device; otherwise, any problems or damages caused by the mismatch between the software and the terminal device model are your responsibility;
2.8.3 Risks arising from the use of third-party websites and related content when accessing them through this software;
2.8.4 Risks and responsibilities that may arise from the redistribution and sharing of the content you publish;
2.8.5 Risks such as login failures, incomplete data synchronization, and slow page opening speeds due to unstable wireless network signals, small wireless network bandwidth, etc.
2.9 You understand and agree that the operator of Otter Life App will make reasonable commercial efforts to ensure the security of your data storage in this software and services, but the operator of Otter Life App cannot fully guarantee this, including but not limited to the following situations:
2.9.1 The operator of Otter Life App is not responsible for the deletion or storage failure of your related data in this software and services;
2.9.2 Otter Life App will store and protect the data generated during your use of Otter Life App services in accordance with relevant laws and regulations. If you stop using this software and services or if the service is terminated or canceled, the operator of Otter Life App may permanently delete your data from the server after the storage period (if any) expires. After the service is stopped, terminated, or canceled, the operator of Otter Life App is not obligated to return your data to you.
2.10 Please be cautious not to disclose various important information such as your or others’ property accounts, bank cards, credit cards, third-party payment accounts, and corresponding passwords at will while using Otter Life App products and services. Otherwise, any losses caused by this will be borne by you.
2.11 You understand and agree that the operator of Otter Life App has the right to use this software for commercial purposes, including but not limited to developing and using part of the services of this software to provide promotion services to third parties. In the process of promotion, the operator of Otter Life App will strictly protect your personal information in accordance with relevant regulations and guidelines issued by the operator for the release of Otter Life App, and at the same time, you can choose to block or refuse to receive relevant promotional information through system settings.
3. Account and Your Behavior
3.1 Otter Life App provides you with a registration channel. You have the right to choose a legal and specified character combination as your account identification information and set a password that meets security requirements. The account and password you set are the credentials you use to log in to the Otter Life App product and use the product or receive services in a registered capacity. The ownership of the Otter Life App account belongs to the operator of Otter Life App. After completing the application and registration procedures, you only obtain the right to use the account, and this right belongs only to the initial applicant.
3.2 Please be fully aware that you must take responsibility for all actions under your registered account, including any content posted and any consequences arising from it. The operator of Otter Life App, as a service provider, will perform audit and basic protection obligations in accordance with relevant regulations. However, due to various factors beyond our predictability and control, we especially remind you that in the process of using Otter Life App products and services, you should independently judge the content in Otter Life App products and services and bear all risks arising from the use of the content, including risks arising from your reliance on the accuracy, completeness, or practicality of the content. The operator of Otter Life App will not be responsible for any losses or damages caused by the aforementioned risks.
3.3 Your registered account in Otter Life App is only for your personal use and is prohibited from being given, lent, rented, or sold. Otherwise, the operator of Otter Life App has the right to suspend or terminate services to the registered account and has the right to cancel the account. You are responsible for any losses caused by this, including communication interruption and the loss of your data and information.
3.4 You are responsible for properly safeguarding the security of the registration account information and account password. You need to take legal responsibility for the actions under the registered account and password, including modifying your data, posting comments, and other operations on Otter Life App products. If you find that others are using your account without permission or if there are any other security vulnerabilities under your account, you can immediately notify the operator of Otter Life App.
3.5 In addition to registering an Otter Life App account on your own, you can also choose to register and log in to Otter Life App products using other accounts you legally own through the account linkage system of Otter Life App (specific support is subject to the login settings at that time). If you register with an existing account, the corresponding provisions regarding accounts in this agreement also apply to the account generated in Otter Life App.
3.6 If you do not actually use the registered Otter Life App account for 90 consecutive days after registration, the operator of Otter Life App has the right to reclaim the account to avoid resource waste.
3.7 When using Otter Life App products and services, you should comply with the laws of the People’s Republic of China. You must not use Otter Life App products and services provided by the operator of Otter Life App for activities that violate relevant laws, regulations, and policies, and you must comply with the rules and norms published or updated within Otter Life App products. You must not impersonate others’ identities through avatars, names, nicknames, URLs, self-descriptions, and other personal information, whether or not information is posted. If a violation is found, the operator of Otter Life App reserves the right to revoke the relevant account.
3.8 The content you publish in Otter Life App represents only your personal stance and opinions, and does not represent the stance or opinions of the operator of Otter Life App. As the publisher of the content, you are responsible for the content you publish. For any disputes caused by the content you publish, the publisher of the content bears all legal and joint responsibilities.
3.9 You may not use any plugins, “cheats,” or third-party tools unauthorized or permitted by the operator of Otter Life App to interfere with, disrupt, modify, or affect the normal operation of Otter Life App products and services.
3.10 You may not engage in any actions that harm the security of computer networks using or targeting Otter Life App products, including but not limited to: using Otter Life App’s relevant data without permission or entering Otter Life App’s related servers/accounts without permission; attempting to probe, scan, test vulnerabilities in Otter Life App products’ systems or networks without permission; attempting to interfere with or disrupt the normal operation of Otter Life App products’ systems or websites; intentionally spreading malicious programs or viruses, and other behaviors that interfere with the normal network information services.
3.11 Without the permission of the operator of Otter Life App, you may not engage in any commercial activities, such as advertising or selling goods, in Otter Life App products.
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3.12 The operator of Otter Life App is committed to creating a civilized, rational, friendly, and high-quality platform atmosphere. While developing platform services, we will continuously strengthen corresponding information security management capabilities and fulfill social responsibilities.
3.12.1 You shall not use the products and services of the operator of Otter Life App to create, copy, publish, or disseminate the following information (including but not limited to through comments, nickname modifications, etc.):
3.12.1.1 Posting, transmitting, disseminating, or storing content prohibited by national laws and regulations:
(1) Contrary to the basic principles established by the constitution;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Harming the honor and interests of the country;
(4) Inciting ethnic hatred or discrimination, undermining ethnic unity;
(5) Violating the country’s religious policies, promoting cults and superstitions;
(6) Spreading rumors, disrupting social order, or undermining social stability;
(7) Spreading obscene, pornographic, gambling, violent, murderous, terrorist, or incitement to crime content;
(8) Insulting or defaming others, infringing on others’ legitimate rights;
(9) Inciting illegal gatherings, associations, marches, demonstrations, or disturbing social order;
(10) Engaging in activities under the guise of illegal civil organizations;
(11) Containing other content prohibited by laws, regulations, and administrative regulations.
3.12.2 Posting, transmitting, disseminating, or storing content that infringes on the legitimate rights and interests of others, such as reputation rights, portrait rights, intellectual property rights, trade secrets, etc.;
3.12.3 Without the consent or authorization of others, unauthorized release of others’ privacy, personal information, or data information;
3.12.4 Posting, transmitting, disseminating harassment, advertising information, excessive marketing information, spam, or other similar information;
3.12.5 Other information that violates laws, regulations, policies, public order, social ethics, or interferes with the normal operation of Otter Life App, infringing on your or other users’ and third-party legitimate rights.
If you violate the above terms, the operator of Otter Life App may take measures such as refusing to publish, deleting comments, temporarily prohibiting speech, or permanently closing the account, depending on the situation. Content suspected of illegal activities will be kept on record, and relevant information and data will be truthfully reported to relevant government departments.
3.13 The operator of Otter Life App will improve the public reporting platform. You are welcome to supervise and report various illegal dissemination activities and illegal harmful information to jointly create a clear online space.
4. Intellectual Property
4.1 The operator of Otter Life App is the intellectual property rights holder of Otter Life App products. All copyrights, trademark rights, patent rights, trade secrets, and other intellectual property rights related to Otter Life App, as well as all information content related to Otter Life App (including but not limited to text, images, videos, audio, interface design, copyright frameworks, etc.), are protected by the laws and regulations of the People’s Republic of China and relevant international treaties. The operator of Otter Life App enjoys the aforementioned intellectual property rights (except for rights enjoyed by relevant rights holders as stipulated by laws).
4.2 You shall ensure that the text, images, audio, video, and other information uploaded when using Otter Life App products and services do not infringe on any third-party intellectual property rights. Otherwise, the operator of Otter Life App has the right to remove the infringing information and shall not be liable for it. If the aforementioned third party asserts rights, you shall bear responsibility.
4.3 All content you upload or publish during your use of Otter Life App products and services will not result in the transfer of intellectual property rights, portrait rights, etc. At the same time, you understand and agree that when you publish, upload, or submit related text, images, audio, video, and other content through Otter Life App, you agree to grant the operator of Otter Life App a free, non-exclusive, permanent, and transferable authorization. Otter Life App can use the aforementioned content in ways that comply with legal regulations. The operator of Otter Life App will only use the content within the scope stipulated by laws, and will require its cooperation partners (if any) to strictly comply with the limitations of the applicable scope. At the same time, you agree to authorize Otter Life App to protect your legitimate rights and interests regarding any infringement matters, including but not limited to sending cease-and-desist letters, filing lawsuits, applying for arbitration, etc., and this applies to any content protected by laws and regulations posted by you on Otter Life App; at the same time, you can authorize third parties to protect your rights on Otter Life App at any time.
4.4 Otter Life App products and services may involve third-party intellectual property rights. When the third party has requirements for your use of related intellectual property rights in Otter Life App products and services, the operator of Otter Life App will inform you of such requirements in an appropriate form, and you shall comply.
4.5 Without the consent of the relevant right holder, you may not reverse engineer, reverse assemble, reverse compile, etc., the relevant web pages, applications, software, and other products related to Otter Life App products and services; nor may you independently or license any third party to implement, utilize, or transfer the aforementioned intellectual property rights for any commercial or non-commercial purposes.
4.6 The intellectual property rights of the content included in Otter Life App products and services are protected by law. Without the written permission of the operator of Otter Life App, you or relevant rights holders, no one may use or create related derivative works in any form.
5. Personal Information and Privacy Protection
5.1 Protecting your personal information is a fundamental principle of the operator of Otter Life App. The operator will collect, use, store, and share your personal information in accordance with this agreement and the privacy policy of Otter Life App published by the operator, as specified in “Otter Life App Privacy Policy”.
5.2 Maintaining software security and normal use is a shared responsibility between you and the operator of Otter Life App. The operator will take necessary measures to protect the security of your device information and data in accordance with industry standards. However, you should understand and acknowledge that the operator cannot provide complete guarantees in this regard. While we collectively maintain the security of your personal information, you should also respect the legal rights of others and not engage in any activities that may harm others, such as creating, publishing, using, or disseminating any malicious programs for stealing others’ accounts and personal information or property.
5.3 You understand and agree that Otter Life App, like most internet software, may be affected by various factors, including but not limited to reasons related to you and/or other users, network service quality, social environment, etc. It may also be illegally exploited for various security issues such as information harassment. You should enhance your awareness of information security and personal information protection, be cautious about the source of information, and protect personal information and account passwords to avoid losses. We especially remind you not to trust any network information involving loans, requests for passwords, or any other information related to property and personal identity. In cases involving the provision of personal information and property operations, please verify the identity of the other party first. Otter Life App cannot and will not verify the entities requesting information from you and will not be responsible for any losses arising from this.
5.4 The operator of Otter Life App will use various security technologies and procedures to establish a complete management system to protect your personal information from unauthorized access, use, or disclosure.
5.5 The operator of Otter Life App will not transfer or disclose your personal information to any non-affiliated third party unless:
(1) You have given explicit consent or based on your active choice;
(2) Based on the mandatory requirements of laws, legal procedures, litigation, or government competent authorities.
5.6 According to the legal provisions, sharing and transferring de-identified personal information, and ensuring that the data recipient cannot restore and re-identify the subject of personal information, does not constitute the external sharing, transfer, and public disclosure of personal information. For such data, notification and consent from you will not be required.
5.7 In the following cases, Otter Life App operator may use your personal information:
(1) During promotions or giveaways, the operator of Otter Life App may share your personal information with sponsors or partners. In such cases, the operator will provide a prompt before sending your information, and you can terminate the transmission process by not participating in the promotion or giveaway;
(2) The operator of Otter Life App may cooperate with third parties to provide you with related internet services. In this case, the operator will require the third party to assume the same responsibility for protecting your privacy as the operator;
(3) On the premise that de-identified processing makes it impossible to identify the subject of personal information, the operator of Otter Life App may analyze and commercially utilize your entire database for product improvement needs.
6. Changes, Interruptions, and Termination of Services
6.1 You understand and agree that the services provided by the operator of Otter Life App are provided based on existing technology and conditions. The operator will make the best efforts to provide you with services, ensure the continuity and security of services; however, the operator cannot foresee and prevent technical and other risks at all times, including but not limited to force majeure, viruses, trojans, hacker attacks, system instability, network environment, defects in third-party services, etc., which may result in service interruptions, data loss, and other losses and risks. The operator of Otter Life App is not obligated to and will not be responsible for any compensation for data loss caused by the aforementioned reasons. In the event of such situations, the operator of Otter Life App will notify the affected parties as soon as possible through web announcements, system notifications, private messages, SMS reminders, or other reasonable means.
6.2 You understand and agree that for the overall operation of the service, the operator of Otter Life App has the right to modify, interrupt, suspend, or terminate various services within Otter Life App products without prior notice. The operator is not responsible for or liable to you or any third party for such modifications, interruptions, suspensions, or terminations. The operator will notify affected parties in advance and take all reasonable measures to ensure the security and integrity of your personal data.
7. Disclaimer of Legal Liability
7.1 Due to objective circumstances and technological limitations, please understand: The operator of Otter Life App will make every effort to enhance service capabilities to provide you with better services. If any program errors occur in the product, the operator will correct them as soon as they are discovered. However, the operator cannot guarantee that the product and services are entirely suitable for your use requirements or free from interference or any program errors.
7.2 For behaviors that violate relevant laws, regulations, or the provisions of this agreement, the operator of Otter Life App will handle them reasonably and make appropriate judgments according to legal regulations and the rules mentioned above. It will take appropriate legal actions against any individuals who violate the law and regulations, report relevant information to competent authorities, etc. For external network content or service links shared/uploaded by you or obtained by the operator of Otter Life App through legal means, you can navigate to external webpages and obtain related content and services on the corresponding external pages through links obtained in Otter Life App. The services provided by external webpages may require you to accept the usage agreements or other legal documents that specify your rights and obligations with the service provider. Regarding the rights and obligations generated in these external services, unless otherwise specified, the operator of Otter Life App does not need to bear any responsibility for the content and effects of the services to you or third parties.
8. Breach Handling
8.1 If you violate the national laws and regulations or the provisions of this agreement, or if you infringe upon the rights of others, resulting in any third party making any claims or requests to the operator of Otter Life App, including but not limited to litigation costs, lawyer fees, travel expenses, settlement amounts, fines, or damages specified in effective legal documents, software usage fees, etc., causing losses to the operator of Otter Life App, you should compensate for the losses suffered by the operator and eliminate the impact.
8.2 You understand and agree that the operator of Otter Life App has the right to reasonably punish behaviors that violate relevant laws, regulations, or this agreement. For any individuals who violate the law and regulations, the operator will take appropriate legal actions and report relevant information to competent authorities. You should bear the responsibilities arising from this.
If the operator of Otter Life App discovers or receives reports or complaints from others about your violation of the provisions of this agreement, the operator has the right to delete or block the relevant content suspected of violating the law or this agreement. The operator may impose penalties on the offending account, including but not limited to warnings, restricting or prohibiting the use of some or all functions, account suspension, and even cancellation, and has the right to announce the processing results.
9. Other Terms
9.1 This agreement may be modified due to changes in national policies, products, and operational environments. The operator of Otter Life App has the right to change the terms of this agreement when necessary and publish the latest version of the agreement on relevant pages of the operator and Otter Life App products for your reference. The operator of Otter Life App may also choose other appropriate methods to notify you of the modified content, such as notification within the relevant website, pages, or applications. After the modification of this agreement, if you do not accept the modified agreement, you should stop using Otter Life App products and services. If you have any questions about the updated content, you can contact us through the contact information provided in this agreement, and we will respond to you as soon as possible.
9.2 The establishment, execution, interpretation, and resolution of disputes of this agreement shall be governed by the laws of the People’s Republic of China. If any provision of this agreement is partially invalid or unenforceable for any reason, these terms will be reinterpreted as closely as possible to the original intent of this agreement, and the other provisions of this agreement will remain in full force and effect.
9.3 The signing place of this agreement is Ningbo, Zhejiang. If you have a dispute with the operator of Otter Life App regarding products and services under this agreement, you can first negotiate friendly solutions with the operator of Otter Life App. If the negotiation fails, both parties agree to submit the dispute to the people’s court with jurisdiction in the signing place of this agreement.
9.4 To avoid ambiguity, it is hereby stated that the titles of all terms of this agreement are for reading convenience only, have no actual meaning themselves, and cannot be used as a basis for interpreting the meaning of this agreement.