Last Updated: October 1, 2024
Effective Date: October 1, 2024
To use VMOS Cloud platform VIP services (hereinafter referred to as "the Service"), please read, understand, and comply with the "VMOS Cloud platform VIP Service Agreement" (hereinafter referred to as "this Agreement") carefully.
This Agreement is jointly concluded by you and VMOS Cloud platform (hereinafter referred to as "VMOS Cloud platform") and has contractual validity. VMOS Cloud platform will highlight important provisions in bold or other reasonable ways, and we ask you to pay special attention to terms that may significantly affect your rights and interests, including but not limited to exemption clauses (hereinafter referred to as "Exemption Clauses"), restrictions on user rights (hereinafter referred to as "Restriction Clauses"), terms regarding dispute resolution and jurisdiction, etc. If you believe that such terms may adversely affect your benefits or rights in specific situations, please read the aforementioned terms again before agreeing to this Agreement or using the Service, and ensure you use the Service only if you voluntarily accept these terms.
If you do not agree with any or all the terms of this Agreement, especially the aforementioned terms that may significantly affect your rights and interests, please do not proceed with any action to accept the Service (including but not limited to clicking agree/accept/next, entering the purchase process, entering the renewal process, engaging in any transactions or activities related to the Service, or any other forms of confirmation, collectively referred to as "forms of accepting the Service"). By using any forms of accepting the Service, you indicate that you have read, understood, and agreed to sign this Agreement, confirming that you have established a contractual relationship with VMOS Cloud platform and voluntarily accept and comply with all terms of this Agreement.
If you are under 18 years of age, please read and confirm this Agreement in the presence of your legal guardian.
If you wish to use and enjoy VMOS Cloud platform VIP services, you must purchase or renew the related VIP services on the VMOS Cloud platform interface. Upon successful purchase or renewal, you will enjoy the corresponding cloud phone services and benefits within the validity period of the VIP service. If you see information about VMOS Cloud platform VIP services from a third party, please verify the information with VMOS Cloud platform customer service or through designated email or phone channels to avoid scams.
VMOS Cloud platform's VIP services can be used on the VMOS Cloud platform website. Please carefully check the applicable list of supported games and applications before purchasing the service or communicate with customer service to confirm whether the games or applications you need are available before deciding to activate the related VIP services. You understand and agree that, due to the nature of online services, VMOS Cloud platform has the right to change, adjust, cancel, or add all or part of the VIP rights and features based on market conditions.
This Agreement serves as a supplementary agreement to the "VMOS Cloud platform User Agreement" and the "Privacy Policy," forming an indivisible part of them. In case of any conflict between this Agreement and the aforementioned content, this Agreement shall prevail.
The content of this Agreement also includes related agreements and business rules that VMOS Cloud platform may continually publish regarding this Service. Once the above content is officially released, it becomes an indivisible part of this Agreement and is equally binding on both parties.
VMOS Cloud platform VIP service providers may periodically publish and revise user codes of conduct, activity rules, usage rules, announcements, notifications, and online FAQs regarding VMOS Cloud platform VIP services.
VMOS Cloud platform has the right to modify this Agreement (modifications include changes, additions, or reductions of relevant terms). Once modifications are made, VMOS Cloud platform will notify you through system prompts, information pushes, and/or backend announcements. Please read these carefully. By using any forms of accepting the Service, you indicate that you have accepted all modifications to this Agreement. If you have any questions about the modifications, you can consult customer service. The updated Agreement will take effect from the date of its publication.
When using VMOS Cloud platform VIP services, you must comply with applicable laws and regulations and may not use this Service for illegal activities, including but not limited to the following:
(a) Violating the fundamental principles established by the Constitution;
(b) Endangering national unity, sovereignty, and territorial integrity;
(c) Leaking state secrets, endangering national security, or damaging national honor and interests;
(d) Inciting ethnic hatred or discrimination, undermining national unity, or infringing on ethnic customs;
(e) Promoting cults or superstitions;
(f) Spreading rumors, disrupting social order, or damaging social stability;
(g) Promoting obscenity, pornography, gambling, violence, or inciting crime;
(h) Insulting or defaming others, infringing on others' legitimate rights and interests;
(i) Violating social morals;
(j) Engaging in any other content prohibited by laws, administrative regulations, or national provisions.
Users shall bear all legal responsibilities arising from such actions, and if VMOS Cloud platform suffers any losses as a result, the user shall compensate for them.
You should correctly use and properly safeguard your VMOS Cloud platform VIP account and password. If there is any leakage, loss, theft, or other incidents not caused by VMOS Cloud platform's legal fault, all losses will be borne by you. If you discover that someone is impersonating you or illegally using your account and password, or if there are any other unauthorized uses or unsafe behaviors, you should immediately notify VMOS Cloud platform in an effective manner and request the suspension of relevant services. You understand that VMOS Cloud platform requires a reasonable time frame to take action on your request, and during this time, VMOS Cloud platform shall not be liable for any losses resulting from executed instructions.
2.2.1 Legal Acquisition and Usage
(1) Any acquisition of VMOS Cloud platform VIP services through theft, exploiting system vulnerabilities, or through any unofficial or unauthorized means (including but not limited to purchasing, renewing, renting, borrowing, or transferring) is considered illegal and is not protected under this Agreement. VMOS Cloud platform has the right to cancel and withhold VIP services, and all resulting losses and liabilities shall be borne by the infringing party.
(2) When using VMOS Cloud platform VIP services or participating in related promotions, you should acquire them only through the authorized purchase or renewal interfaces published by VMOS Cloud platform. Any VMOS Cloud platform VIP services acquired illegally through other channels or means are considered illegal and are not protected under this Agreement. If such incidents occur, VMOS Cloud platform has the right to delete, cancel, suspend, or take other account management measures, and all resulting losses and liabilities shall be borne by the infringing party.
(3) When participating in VIP activities, you should follow the activity rules and conduct yourself in a manner that is legal and does not harm the interests of the event organizer. Any participation using system vulnerabilities, flaws in rule settings, or abuse of special permissions to gain benefits is considered illegal and not protected under this Agreement. VMOS Cloud platform has the right to take appropriate measures, and all resulting losses and liabilities shall be borne by the infringing party.
(4) You must comply with national laws, regulations, policies, and the usage rules published by VMOS Cloud platform while using this service.
2.2.2 Personal and Non-Commercial Use
(1) The VMOS Cloud platform VIP service is granted to you as a personal, non-transferable, non-commercial, revocable, time-limited, and exclusive license, provided you comply with this Agreement and relevant laws and regulations. You may only use it for personal non-commercial purposes.
(2) You understand and agree that you may not provide the VMOS Cloud platform VIP services you enjoy to others through authorization features or any other means, including but not limited to not using the authorization or transfer features to grant or transfer access to third parties. You may not transfer, rent, borrow, sell, or provide it to others in any way. Otherwise, you will bear any legal consequences and liabilities arising from such actions, and VMOS Cloud platform has the right to suspend or terminate the services provided to you.
(3) The authorization or transfer features in this software are only for use in the event of an anomaly during your use of the cloud phone, and must be used to authorize or transfer to a third party for collaborative troubleshooting. They may not be used for any commercial purposes. Please note that using these features carries a risk of exposing your private information to third parties, so use them cautiously when necessary. If any disputes arise between you and a third party due to the use of these features, you will resolve them independently, and VMOS Cloud platform shall not bear any responsibility.
(4) You understand and agree that VMOS Cloud platform has the right to understand the real background and purpose of your use of the software services and may request you to provide truthful, complete, and accurate information. If VMOS Cloud platform has reasonable grounds to suspect that the information you provide is false, or if you engage in unauthorized offline transactions or fraudulent transactions, or if your actions violate VMOS Cloud platform's service rules, VMOS Cloud platform reserves the right to temporarily or permanently restrict some or all functions of the services available under your account.
(5) If you engage in any of the following actions, VMOS Cloud platform will directly determine that your actions constitute commercial use of the authorization or transfer features for offline transactions. VMOS Cloud platform has the right to temporarily or permanently restrict some or all functions of your account. You may apply for unblocking by submitting documentation of the account issues that require third-party assistance to VMOS Cloud platform.
a. For profit, using platform authorization or transfer features to post information about renting or transferring cloud phones on third-party e-commerce and social platforms.
b. Authorizing or transferring part or all of the cloud phones under your VMOS Cloud platform account to any third-party user multiple times within a monthly cycle.
2.2.3 Special Usage Guidelines
(1) You may not use this service to infringe upon the intellectual property rights, property rights, reputation rights, or any other legal rights of VMOS Cloud platform or any third party.
(2) This service is a paid service. Any infringement or destruction of VMOS Cloud platform's fee collection rights through any means will be subject to legal accountability, and VMOS Cloud platform reserves the right to seek compensation.
(3) You may not use this service for any activities that endanger or are suspected to endanger minors.
(4) You may not use this service to engage in any activities that violate laws, regulations, policies, or public morals.
(5) You fully understand and agree that you are responsible for all actions under your logged-in account, including but not limited to any content you publish and any consequences that arise from it. You should assess the content in this service yourself and bear all risks arising from its use.
(6) Recharge records and video data between each VMOS Cloud platform account cannot be transferred, migrated, assigned, gifted, sold, rented, or shared, regardless of whether the accounts are owned by the same user. Please differentiate when logging in and/or recharging/participating in activities to avoid losses.
2.2.4 Account Recovery
If you lose your account information or forget your password when logging into VMOS Cloud platform, and cannot access the platform, you need to follow VMOS Cloud platform's account recovery procedures to provide the necessary information and proof. Ensure that the information and documents provided are legal, truthful, and valid. If the materials provided are false or do not meet the requirements, you may not pass VMOS Cloud platform's security verification, which may lead to account recovery failure. You understand that VMOS Cloud platform requires a reasonable amount of time to act on your request, and except in cases of VMOS Cloud platform's legal fault, VMOS Cloud platform shall not be liable for any losses you incur.
After successfully purchasing or renewing this service through the specified payment methods, you cannot transfer it or request a refund (except in legally required circumstances), regardless of whether the fees have been consumed. VMOS Cloud platform reserves the right to decide whether, when, and how to issue a refund. If VMOS Cloud platform agrees to refund, you shall compensate any fees incurred from your payment method (such as credit card or mobile payment) and VMOS Cloud platform has the right to deduct these fees directly from the refund. After the refund, VMOS Cloud platform has the right to terminate the service corresponding to the refunded amount.
This service is a paid service provided by VMOS Cloud platform, and you must pay the corresponding fees according to the service pricing before using it. VMOS Cloud platform may modify and change the details of service rights, pricing standards, and methods based on the overall planning of this service. These modifications will be updated on the relevant service page. VMOS Cloud platform may offer different discounts for VIP types during different phases of recharge or renewal, with specific promotional policies based on the information published on the relevant service page. We also encourage you to regularly review the content of this agreement to better protect your rights. You understand and agree that, due to participation in different activities or varying VIP tiers, VMOS Cloud platform VIP types will enjoy different value-added services or fees.
All rights you can enjoy after purchasing or renewing the VMOS Cloud platform VIP type are subject to the VIP type rights published on the official VMOS Cloud platform website. VMOS Cloud platform has the right to change all or part of the VIP type rights based on its business development needs. For adjustments to these rights, VMOS Cloud platform will notify you through updates on the relevant service page, system prompts, information pushes, and/or the contact information you provided on our platform. You can also check the latest VIP type rights content on the official VMOS Cloud platform website or mobile app.
You must not activate this service for yourself or others in any of the following ways:
For profit or commercial purposes, activating this service for yourself or others;
Using any robotic software, spider software, crawler software, screen-scraping software, or other programs to activate this service for yourself or others;
Using any improper means or acting against the principle of good faith to activate this service for yourself or others;
Activating this service for yourself or others through non-VMOS Cloud platform designated methods;
Activating this service for yourself or others by infringing upon the legitimate rights of VMOS Cloud platform or others;
Activating this service for yourself or others in any other way that violates relevant laws, administrative regulations, or national policies.
Unless otherwise agreed in this agreement, the service period is determined by the period you choose and successfully pay the corresponding service fees. It takes effect once you select and purchase or renew this service and continues until the service expires or you terminate the service/cancel VIP qualifications/cancel your account. You can also inquire with customer service or on the relevant service page.
You understand, acknowledge, and agree that during the service period, due to the unique nature of internet services, VMOS Cloud platform must periodically perform server maintenance, adjustments, upgrades, etc., and in the event of force majeure such as hacker attacks, computer virus intrusions, or notifications from regulatory agencies, VMOS Cloud platform must resolve issues and address related infringements. Therefore, you accept that the service period includes reasonable time required for VMOS Cloud platform to resolve faults, conduct server maintenance, adjustments, upgrades, and handle third-party infringement issues. VMOS Cloud platform will not provide separate compensation for the time needed in these situations.
You understand and agree that due to the different product technologies of the devices you use, VMOS Cloud platform VIP rights and benefits may vary across different devices. Specific details will be based on the descriptions provided on the VMOS Cloud platform page and the services that the device can support. You acknowledge this may cause inconvenience and you waive or exempt VMOS Cloud platform from related responsibilities. VMOS Cloud platform reserves the right to make partial or full changes, adjustments, cancellations, or additions to VMOS Cloud platform VIP rights and special VIP service content based on legal regulations, policy changes, operational needs, etc. VMOS Cloud platform will publish adjustments to these rights on the VIP type page, relevant service pages, or through other reasonable means, and these changes will take effect upon publication. After publication, when you proceed with the next steps to accept the service or continue using this service, it indicates that you have carefully read and accepted the updated VMOS Cloud platform VIP service. If you have any questions about modifications to this agreement, you may consult customer service.
Due to the nature and characteristics of virtual products, the virtual products you obtain cannot be returned, exchanged, or redeemed for cash, nor can they be used in commercial fields such as buying, exchanging, or mortgaging. To protect your user rights, please purchase or renew VMOS Cloud platform VIP products through official channels. Any virtual products and their derivative services obtained through non-official channels will not be protected, and VMOS Cloud platform has the right to suspend or terminate services to you. VMOS Cloud platform shall not bear any related responsibilities for losses arising from this.
This software may use or include software or services provided by third parties (hereinafter referred to as "such services"). These services are set up to respond to your needs and provide you with greater convenience. VMOS Cloud platform does not provide content production. When using such services, you should separately enter into a service agreement with the third party, pay the corresponding fees, and assume any potential risks. If you continue to use this software or service, it indicates that you have carefully read, understood, and accepted the following:
VMOS Cloud platform does not have the right to grant you any rights to use third-party software or services in this agreement, nor does it provide any form of guarantee or customer service support for such services. If you need related information, you may contact the third party directly. If you encounter any disputes or task losses arising from using such services, you should negotiate directly with the third party. VMOS Cloud platform will not bear any responsibility or compensation.
VMOS Cloud platform does not guarantee that you can permanently use this service or the services contained in this software without change, nor does it guarantee that other similar or different types of software or services will not be used in the future. If the service content in this software changes/adds or upgrades to include the aforementioned services, this agreement will also apply.
If a third party confirms that you have violated the agreement regarding the use of such services and stops providing such services while requesting VMOS Cloud platform to assist in handling the situation, you understand and acknowledge that VMOS Cloud platform will take technical measures to suspend or terminate your continued use of that third-party software.
You understand and agree that during your use of VMOS Cloud platform services, you will encounter various commercial advertisements or other types of commercial information. You also understand and agree that VMOS Cloud platform may send promotional information, content recommendations, or other related commercial information to you via email, in-app messages, SMS, WeChat, website announcements, or other methods. If you do not wish to receive such information, you can unsubscribe through the effective contact methods published by VMOS Cloud platform. However, please note that if you unsubscribe from such information, you may be unable to enjoy or fully enjoy VMOS Cloud platform services.
4.1.1 Violating the terms of this agreement;
4.1.2 Violating laws, regulations, rules, ordinances, and any legally binding normative provisions;
4.1.3 Disrupting or affecting VMOS Cloud platform's provision of this service to any third party;
4.1.4 Engaging in activities that endanger computer network security;
4.1.5 Causing adverse effects on the services and activities provided by VMOS Cloud platform and related third parties (including licensors and partners), infringing the legitimate interests of VMOS Cloud platform and/or related third parties and/or other users;
4.1.6 Being recognized by relevant authorities as infringing any third party's legitimate rights;
4.1.7 Obtaining illegal benefits through this service, including but not limited to profiting through improper acts such as resale, transfer, or authorization;
4.1.8 Other behaviors that infringe upon the legitimate interests of VMOS Cloud platform.
Upon discovering a breach, VMOS Cloud platform has the right to take one or more of the following measures:
4.2.1 Utilize technical means to delete or disconnect relevant information;
4.2.2 Suspend or terminate part or all of the services, including but not limited to procurement;
4.2.3 VMOS Cloud platform is not obligated to refund any fees to you; unused service fees will be retained by VMOS Cloud platform as liquidated damages, and you will bear any losses within your account. If VMOS Cloud platform incurs any losses (including but not limited to attorney fees, litigation fees, etc.), you shall compensate VMOS Cloud platform.
If the user's breach causes losses to VMOS Cloud platform and its affiliated companies, including direct economic losses, reputational losses, and indirect economic losses such as compensation, settlement payments, attorney fees, and litigation fees, the user shall compensate VMOS Cloud platform and its affiliated companies for all such losses.
If your breach causes damage to any third party, you shall independently bear responsibility. If VMOS Cloud platform compensates a third party for any reason, you shall immediately pay VMOS Cloud platform the compensation amount upon notification.
5.1 You acknowledge and agree that your use of third-party software on the VMOS Cloud platform is a personal act, and VMOS Cloud platform is not responsible for the safety or legality of users' personal actions, nor does it bear any liability;
5.2 When using third-party software, you should independently assess the related content and use it legally. VMOS Cloud platform does not assume any responsibility for any personal damage or damage to third parties caused by your use;
5.3 VMOS Cloud platform does not bear any responsibility for any loss or reduction of assets in your VMOS Cloud platform account or third-party software account due to faults in communication lines, network failures, system instability, or force majeure events not caused by VMOS Cloud platform.
5.4 When using services provided by VMOS Cloud platform, if you suffer any personal or financial losses, damages, or injuries, except as explicitly provided by law, VMOS Cloud platform does not bear any responsibility. VMOS Cloud platform does not assume any responsibility for any personal data leakage resulting from you disclosing your personal password to others or sharing your registration account.
5.5 Users understand and agree that if there are violations in other products operated by VMOS Cloud platform leading to the user's account being banned, the user will not be able to continue using (including but not limited to browsing, storing, syncing, managing, sharing, and downloading) VMOS Cloud platform services. VMOS Cloud platform also has the right to retain the fees for remaining VIP type rights and other value-added services.
5.6 VMOS Cloud platform does not guarantee the following behaviors:
(a) The service will be error-free or uninterrupted;
(b) VMOS Cloud platform will correct all defects or errors related to the service, or prevent all third-party disruptions or unauthorized access related to this service;
(c) This service will be compatible with your content or any other hardware, software, systems, services, or data not provided by the company.
To the extent permitted by law, unless otherwise expressly stated, VMOS Cloud platform excludes and expressly rejects any warranties, representations, terms, conditions, or any other forms of commitments, whether express or implied, statutory or otherwise.
6.1 VMOS Cloud platform is the rights holder of the intellectual property of VMOS Cloud platform. All information related to this software belongs to VMOS Cloud platform's intellectual property, including but not limited to: the textual representation and its combination, icons, decorations, charts, colors, interface design, layout framework, relevant data, printed materials, or electronic documents. Any unauthorized modification, distribution, rental, translation, splitting, reverse compilation, or reverse engineering of all or part of this software program without written consent and authorization from VMOS Cloud platform constitutes an infringement, and VMOS Cloud platform reserves the right to pursue legal liability.
6.2 Users may browse, download, store, and use software, games, text, images, and other information uploaded by other users within this software but must not engage in activities that infringe intellectual property rights;
6.3 When sharing games, software, or links, you should ensure the content is legal and does not infringe any third party's intellectual property before publishing;
6.4 If you discover any infringement of other intellectual property rights while browsing or downloading information shared by other users in this software, please contact VMOS Cloud platform promptly for processing. Thank you for your cooperation.
7.1 The suspension or termination of this service includes the following situations:
7.1.1 You voluntarily suspend or terminate, including but not limited to failure to renew upon expiration;
7.1.2 You have engaged in breach behavior, and VMOS Cloud platform actively suspends or terminates the service;
7.1.3 VMOS Cloud platform suspends or terminates the service according to national or relevant departmental requirements or due to force majeure;
7.1.4 Other situations requiring suspension or termination of the service according to laws and regulations or this agreement.
7.2 After the service is suspended or terminated, VMOS Cloud platform has the right but not the obligation to ensure you receive special reminders or notifications. If you find yourself unable to log in or enjoy the service, you can consult our customer service personnel.
7.3 When the suspension or termination situations outlined in Section 7.1 occur:
7.3.1 VMOS Cloud platform is not liable to you or any third party for any responsibility beyond what is legally required;
7.3.2 Fees already collected will not be refunded;
7.3.3 For ongoing platform transactions, VMOS Cloud platform will reasonably determine whether to continue or terminate the related transactions and decide whether to refund or deduct related fees as liquidated damages based on the circumstances.
7.4 You agree that due to the special nature of internet services, legal compliance requirements, or changes in authorization situations, VMOS Cloud platform has the right to modify, change, suspend, or terminate part or all of the services, or change, delete, or transfer user-stored content published on the VMOS Cloud platform (collectively referred to as "Change Actions"). VMOS Cloud platform reserves the right to take the aforementioned change actions without notifying you, and you agree that any service provided under this agreement may be changed, suspended, or terminated without prior notice. You also agree that VMOS Cloud platform is not liable to you or any third party for any losses caused by Change Actions.
All notifications from VMOS Cloud platform to users under this agreement can be made through web announcements, in-site messages, client push notifications, official account notifications, emails reserved by customers, text messages, or regular mail. Such notifications are considered delivered to the user on the date of sending.
To facilitate your receipt of related notifications, you should ensure that the contact information you provide is accurate and valid, and promptly log into the VMOS Cloud platform app to modify it after any changes. If you fail to provide accurate contact information or do not promptly inform of new contact information, resulting in the inability to receive notifications in a timely manner, you will bear any resulting losses and legal consequences.
VMOS Cloud platform may deliver various notifications to you through one or more of the aforementioned methods, and the contents of such notifications may significantly impact you positively or negatively. Please ensure that your contact information is valid and pay attention to the relevant notifications in a timely manner.
VMOS Company may periodically revise documents published on the platform titled "... agreement," "... contract," "... announcement," etc. The revised content constitutes part of this agreement/contract/announcement. VMOS Company will publish any changes to this agreement on this page or through other methods it deems appropriate (including sending you emails or notifying you in other ways). If you have any questions, opinions, or suggestions, you should raise them within three days from the publication date of the "Terms," "... agreement," "... contract," "... announcement," etc. If you do not raise any opinions or suggestions during this period and continue to use the software and related products or services, it indicates your agreement to be bound by the revised agreement. The relevant "Terms," "... agreement," "... contract," "... announcement" will automatically take effect on the date of publication and have retroactive effect on actions taken prior to the effective date.
The signing location of this agreement is the location of VMOS Cloud platform.
This agreement shall be governed by the laws of the People's Republic of China (excluding conflict of law rules). The relevant courts in the place where the VMOS Company is located have jurisdiction over any disputes arising from this agreement or related to this agreement.
If any provision of this agreement is determined to be invalid, unlawful, or unenforceable by any competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this agreement shall remain in full force and effect.
VMOS Cloud platform shall not be liable for any failure to perform its obligations under this agreement if such failure results from causes beyond VMOS Cloud platform's reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
VMOS Cloud platform's failure to enforce any right or provision of this agreement shall not be deemed a waiver of such right or provision.
This agreement constitutes the final agreement between you and VMOS Cloud platform regarding the subject matter hereof and supersedes all prior agreements, understandings, or negotiations regarding such subject matter, whether oral or written.