Terms of Service

Welcome to MagicGourd! The “MagicGourd Service” is an internet technology service provided by Beijing DeepFlywheel Technology Development Co., Ltd. (hereinafter referred to as “we” or the “MagicGourd Service Provider”). The service includes but is not limited to document annotation, knowledge management, and other related services.

1. Scope and Confirmation of the Agreement

1. The MagicGourd Service Agreement (hereinafter referred to as “this Agreement”) is a valid contract between the MagicGourd Service Provider and the MagicGourd user (hereinafter referred to as “user” or “you”) regarding matters related to the MagicGourd service. By clicking to confirm on the web page or choosing to accept this Agreement in any other way, you agree to enter into this Agreement with us and accept all the terms set forth in this Agreement.

2. This Agreement helps you understand the content of the MagicGourd services we provide to you, as well as your rights and obligations when using these services. Please read this Agreement carefully.

3. Due to the rapid development of the internet, the terms listed in this Agreement may not fully enumerate or cover all your rights and obligations with us, and the current provisions may not fully meet future development needs. Therefore, the MagicGourd Service Legal Statement, Service Rules, and other content are supplementary agreements to this Agreement and have the same legal effect. For any parts not covered by the supplementary agreements, this Agreement shall prevail. If you use the MagicGourd service, it is deemed that you agree to the aforementioned supplementary agreements.

4. To further enhance the user experience, we will continuously update the service by providing version upgrades, feature upgrades, rule upgrades, and content updates, and this Agreement may be updated accordingly. We will notify you of the agreement updates through announcements or internal messages (collectively referred to as “notifications”). The updated content will take effect on the date specified in the aforementioned notification. If you do not agree with the modified agreement, you have the right to stop using the related services; alternatively, both parties may agree to modify the relevant services and the corresponding agreement terms.

5. The MagicGourd Service Provider may change due to business adjustments. The new MagicGourd Service Provider will fulfill this Agreement with you and continue providing services. The change of the MagicGourd Service Provider will not affect your rights under this Agreement.

6. If you are a person without legal capacity or with limited legal capacity, please inform your guardian, and read this Agreement and use the MagicGourd service under their guidance. If you are a user outside mainland China, you must also comply with the laws of your own country or region.

2. Account Registration and Security

1. Before using the MagicGourd service, you need to register a MagicGourd account. You are fully responsible for the authenticity, legality, and validity of the registration information and must cooperate with us in verifying your registration information according to the law. You must not represent or impersonate others without authorization, nor use someone else’s identity to publish any information or maliciously use a registered account that may mislead other users.

2. You are responsible for properly safeguarding the security of your registered account and password information, and you must assume legal responsibility for any actions under your registered account. If your account, password, or other information is misused, stolen, or illegally used due to your actions, you shall bear all resulting risks, responsibilities, losses, and costs.

3. The nickname, avatar, signature, and other settings you choose during account registration must comply with laws, regulations, public order, and moral standards, and must not infringe on the legitimate rights and interests of any third party. Otherwise, we may cancel your nickname, avatar, or signature.

4. If you discover that someone else is impersonating or misusing your account, please notify us immediately in an effective manner. You may also apply to us for the suspension or termination of the MagicGourd service.

5. You may cancel your account at any time. Please note that account cancellation is an irreversible action. Once you cancel your account, we will delete all information within your account unless otherwise required by applicable laws and regulations. You will no longer be able to access related services through the canceled account.

3. User’s Commitment to Legal Use of MagicGourd

1. You must comply with the relevant laws and regulations of the People’s Republic of China, as well as the laws and regulations of your country or region of residence, and must not use the MagicGourd service for any illegal purposes or in any illegal manner.

2. You commit not to use the MagicGourd service to engage in the following activities, including but not limited to: (1) Publishing, transmitting, disseminating, or storing content that violates national laws, endangers national security and unity, social stability, public order, and moral standards, or that insults, defames, or contains obscene or violent content; (2) Publishing, transmitting, disseminating, or storing content that infringes upon others’ rights to reputation, portrait, intellectual property, trade secrets, or other legitimate rights; (3) Fabricating facts or concealing the truth to mislead or deceive others; (4) Publishing, transmitting, or disseminating advertising or spam information; (5) Engaging in other activities that violate laws, regulations, policies, public order, or good customs, or infringe upon the legitimate rights of third parties.

3. You commit that the content you send or disseminate must have a legal source, and that the content is either owned by you or you have obtained authorization from the rights holder.

4. You must not use unauthorized plugins, hacks, or third-party tools to interfere with, disrupt, modify, or otherwise affect the services under this Agreement.

5. You must not use reverse engineering to crack the MagicGourd system and programs, nor copy, modify, compile, integrate, or tamper with the aforementioned systems and programs (including but not limited to source code, object code, technical documents, and server data). You are also prohibited from modifying or adding to any functions of the MagicGourd system.

6. If you violate laws, regulations, this Agreement, or any supplementary agreements, relevant state authorities, institutions, we, or third parties may initiate lawsuits, fines, or take other punitive measures against you. You shall bear full responsibility independently, and if damages are caused, you must provide compensation according to the law. If your actions cause losses to us, you must also compensate us accordingly.

4. Rules Related to Content

1. The content you publish on MagicGourd (including but not limited to web pages, text, images, audio, video, charts, etc.) only represents your personal position and views, and does not represent our position or views. As the publisher of the content, you are solely responsible for the content you publish, and you shall bear all legal responsibilities for any disputes arising from the content you publish.(Note: This specifically refers to “published” content and does not include private information recorded using MagicGourd. By default, content that is not manually set by the user as “published” is considered private information. For private information, MagicGourd uses local encryption technology to protect its security, storing encrypted data on the server instead of plaintext to ensure data security.)

2. All original content published by users on MagicGourd belongs to the users themselves. Users may authorize third parties to use the content in any way without needing MagicGourd’s consent.

3. To promote the sharing and dissemination of your creative content, you grant us a free, non-exclusive license to use the public content you publish through the MagicGourd service. We may use this content in the development and operation of MagicGourd’s products and services.

4. If a third party wishes to reproduce copyrighted content published by a user on MagicGourd, they must contact the user for authorization or use the content in the manner specified by the user.

5. You agree not to publish news information, online publications, or information related to economics, education, healthcare, and judicial fields on MagicGourd. Additionally, you agree not to publish content related to the issuance, trading, financing, mining, storage, custody, mortgage, fundraising, and speculation of virtual currencies (including but not limited to those under the names “ICO,” “STO,” “IMO,” “IFO,” “IEO,” “stablecoins”) or information related to secondary market transactions of digital collectibles (NFTs).

6. To foster a green, positive, and healthy online environment, we have the right to review and supervise user behavior and generated content on the MagicGourd service in accordance with laws, regulations, and regulatory requirements. To improve the quality and efficiency of these reviews, we may collaborate with third parties to provide such services to users. You agree that we may provide the content you generate on the MagicGourd service to third parties for review, and you also agree that third parties may report the review results to us for verification.

7. If we discover or receive reports from others that the content you have posted violates laws, regulations, or the terms of this Agreement (especially the provisions of Section 3 of this Agreement), we have the right to independently assess the situation and take technical measures such as deleting, blocking, or disconnecting the content. We also reserve the right, depending on the nature of your actions, to take measures including but not limited to suspending or terminating services, restricting, freezing, or terminating account usage, and pursuing legal responsibility.

8. If you find that any content in the MagicGourd service infringes upon your legitimate rights (including but not limited to rights of portrait, copyright, etc.), you may contact us, and we will provide you with the necessary assistance.

5. User Personal Information Protection and Data Security

1. Protecting user personal information and data security is one of our fundamental principles.(By default, content records that users have not manually set as “published” are considered private information. For private information, MagicGourd uses local encryption technology to protect its security, storing encrypted data on the server instead of plaintext to ensure data security.)

2. During the process of registering an account or using this service, you may need to provide some necessary information. Please keep this information updated in a timely manner so that we can assist you or provide better service. If required by national laws and regulations, you will need to provide accurate identity information. If the information you provide is incomplete, you may be unable to use the service or face limitations while using it.

3. In general, you can browse and modify the information you have submitted at any time, but due to security and identity verification considerations (such as number appeal services), you may be unable to modify the initial registration information and other verification details provided during registration.

4. We will use various security technologies and procedures to establish comprehensive management systems to protect your personal information and data security, preventing unauthorized access, use, or disclosure.

5. Except in the following circumstances, we will not transfer or disclose your personal information or data to any unrelated third party: (1) As required by relevant laws, regulations, or court and government authorities; (2) For the purposes of completing a merger, division, acquisition, or asset transfer; (3) As necessary to provide the services you request; (4) With your prior explicit consent or authorization.

6. The personal information and other service data we collect and generate in China will be stored within China.

7. We will make every effort to protect the data generated from your use of this service, and to this end, take reasonable preventive measures for data transmission, storage, and conversion. However, internet data transmission, storage, and conversion may involve certain unknown and uncertain data security risks, which could result in consequences such as, but not limited to, data loss, leakage, damage, or inability to read or retrieve data. You acknowledge that you are fully aware of and agree to accept these risks and consequences arising from the internet, and you have taken appropriate measures to minimize any losses should such risks occur.

6. Intellectual Property Statement

1. All systems and content on this website, including but not limited to works, images, files, information, data, website structure, page layout, and web design, are owned by us or our affiliated companies and are protected by intellectual property rights, including but not limited to trademarks, patents, copyrights, and trade secrets.

2. Without the written consent of us and our affiliated companies, no one is permitted to use, modify, reverse engineer, copy, publicly disseminate, alter, distribute, issue, or publicly publish any part of the website’s programs or content.

3. Respecting intellectual property rights is your obligation, and in the event of a violation, you shall bear liability for damages.

7. Paid Services

1. If you use MagicGourd’s paid service items, please comply with the relevant agreements and pay the fees in full and on time.

2. We may modify and change the pricing standards and methods for paid services based on actual needs, and we may also start charging for some previously free services. Prior to any such modification, change, or the introduction of fees, we will provide notice or announcements on the relevant service pages. If you do not agree with the aforementioned modifications, changes, or fees, you should stop using the service.

8. Force Majeure and Other Exemption Clauses

1. We are not liable for any losses suffered by users due to force majeure events. Force majeure events include but are not limited to: (1) Natural disasters such as typhoons, floods, hailstorms; (2) Government actions such as expropriation or requisition; (3) Social anomalies such as strikes or riots; (4) Service interruptions caused by computer viruses, hacker attacks, internet, or communication line issues.

2. You understand and agree that while using this service, you may encounter risks arising from network information or other users’ behavior. We do not take responsibility for the authenticity, applicability, or legality of any information, nor are we liable for damages caused by acts of infringement. These risks include but are not limited to: (1) Information from others, whether anonymous or impersonated, containing threats, defamation, offensive, or illegal content; (2) Any psychological, physical harm, or economic losses you suffer as a result of being misled, deceived, or otherwise affected by others while using the services under this Agreement; (3) Other risks arising from network information or user behavior.

3. We are not liable for compensation for losses suffered by users caused by reasons beyond our control. Unless otherwise agreed between us and the user regarding a specific product and/or service, our total liability for breach of contract under this Agreement or any supplementary agreements shall not exceed the total service fee corresponding to the breached service.

4. You understand and agree that we shall not be liable for any indirect, punitive, special, or consequential damages related to or arising from this Agreement (including but not limited to business loss, loss of revenue, loss of profit, loss of goodwill, or other economic loss), regardless of how they were incurred and whether they were caused by breach of this Agreement or tort, even if you were advised of the possibility of such damages.

9. Service Changes, Interruptions, and Termination

1. In order to improve user experience, enhance service content, or ensure the security and consistency of the service’s functionality, we may update, enhance, upgrade, modify, or transfer this service or related functions and applications at any time.

2. If the service is interrupted or terminated due to natural disasters, failures of other information service providers, maintenance, repair, or failure of relevant information equipment and software, or any other unavoidable factors, this will not be considered a breach of contract on our part. However, we will make every effort to minimize the impact on users.

3. We have the right to interrupt or terminate the services provided to you if any of the following circumstances occur: (1) You are required by law to provide accurate information, but your personal data is false, inconsistent with your registration information, or you fail to provide reasonable proof; (2) You violate relevant laws, regulations, or the terms of this agreement or any supplementary agreements; (3) As required by law or relevant authorities; (4) We notify you in advance, either through a public announcement or written notice, that the service will be terminated; (5) For security reasons or other necessary circumstances.

4. If your service is terminated for any of the reasons mentioned above, we may permanently delete your data from the server, except as otherwise required by laws or regulations. After service termination, we have no obligation to return your data to you.

10. Governing Law, Jurisdiction, and Miscellaneous

1. The formation, effectiveness, interpretation, revision, supplementation, termination, execution, and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China. In cases where the law does not have specific provisions, reference will be made to commercial practices and/or industry norms.

2. Any disputes arising from or related to your use of the MagicGourd service shall be resolved through negotiation between us and you. If negotiations fail, either party may file a lawsuit in the people’s court with jurisdiction over the defendant’s location.

3. If any provision of this Agreement is deemed void, invalid, or unenforceable, it shall be considered severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.