About US

Policy Agreement

Privacy Policy

Effective date: Jul 23, 2024

Henan Xiance Technology Co., Ltd (“us”, “we" "our” or “Xiance") operates the mobile application “ONEKISS” (hereinafter referred to as the “Service"). We are committed to protecting your personal information and your right to privacy.

Part I Disclaimer

The application and its related third-party functions are provided by non-medical institutions, we do not guarantee the complete reliability of the medical information provided to users, and it should not be used to diagnose or treat any disease. All medical knowledge is based on the advice of professional doctors.

If the user does not create an APP account and log in, the generated data is kept locally, and the user clearly caches it through the mobile phone, the data will not be repaired, and we will not bear any legal responsibility.

Part ll Privacy Policy

This Privacy Policy describes how we will process your personal data when you use our products and services. In addition, the following applies to your use of our products and services (“Products and Services”). Products and services are made up of various software applications (including mobile application, Web applications, base on cloud series Business and product composition. These services and products collect, store, and process data to provide you with insights and services to help you live a healthier life. This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Service is the mobile application operated by Henan Xiance Technology Co., Ltd

Personal Data means data about a living individual who can be identified from those data or from those and other information either in our possession or likely to come into our possession.

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit.)

Cookies are small files stored on your device (computer or mobile device).

Data Controller means the natural or legal person who determines the purposes for which and the manner in which any personal information is processed.

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data:

While using our Service, we may ask you to provide us with certain personal identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

·Email address

·First name and last name

.Phone number

·Cookies and Usage Data

·User avatar

We will upload the user avatar to our Server. The server address is used for user information management. We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Personal Sensitive Data

As part of our commitment to enhancing your experience,we collect the following health metrics:

·Respiratory rate

·Resting Heart Rate (RHR)

·Heart Rate Variability (HRV)

·Saturation of Peripheral Oxygen (SpO2)

.Steps

·Heart rate

.Sleep data

Usage Data

When you access the Service with a mobile deice, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data (“Usage Data”)

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used, such as beacons, tags, and scripts to collect and track information and to improve and analyse our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

·Session Cookies: We use Session Cookies to operate our Service.

·Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

·Security Cookies: We use Security Cookies for security purposes.

Use of Data

ONEKISS uses the collected data for various purposes:

·To provide and maintain our Service

·To notify you about changes to our Service

·To allow you to participate in interactive features of our Service when you choose to do so

·To provide customer support

·To gather analysis or valuable information so that we can improve our Service

·To monitor the usage of our Service

·To detect,prevent and address technical issues

·To provide you with news, special offers, and general information about other goods, series, and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation(GDPR)

If you are from the European Economic Area (EEA), ONEKISS’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. ONEKISS may process your Personal Data because:

·We need to perform a contract with you

·You have given us permission to do so

.The processing is in our legitimate interests, and it is not overridden by your rights

·To comply with the law

Retention of Data

ONEKISS will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. ONEKISS will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside and choose to provide information to us,please note that we transfer the data, including Personal Data, to and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

ONEKISS will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of our Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer

Henan Xiance Technology Co., Ltd will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless here are adequate controls in place including the security of your data and other personal information.

DISCLOSURE OF DATA

Disclosure for Law Enforcement

Under certain circumstances, ONEKISS may be required to disclose your Personal Data if required to do by law or in response to valid requests by public authorities (eg, a court or a government agency).

Legal Requirements

ONEKISS may disclose your Personal Data in the good faith belief that such action is necessary to:

·Comply with a legal obligation

·Protect and defend the rights or property of ONEKISS

·Prevent or investigate possible wrongdoing in connection with the Service

·Protect the personal safety of users of the Service or the public

·Protect against legal liability

Security of Data

The security of our data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area(EEA), you have certain data protection rights. ONEKISS aims to take reasonable steps to allow you to:

Access, Update, or Delete Information: You can access, update, or request the deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

Right of Rectification:You have the right to have your information rectified if that information is inaccurate or incomplete

·Right to Object: You have the right to object to our processing of your Personal Data.

·Right of Restriction: You have the right to request that we restrict the processing of your personal information.

·Right to Data Portability: You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.

·Right to Withdraw Consent: You also have the right to withdraw your consent at any time where ONEKISS relied on your consent to process your personal information.

·Please note that we may ask you to verify your identity before responding to such request. You also have the right to complain to a Data Protection Authority about our collection and use of your Personal Data.

SERVICE PROVIDERS

We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

CHILDREN'S PRIVACY

Our Service does not address anyone under the age of 18 ("Children").

We do net knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us immediately. If we discover that a child under 18 has provided us with personal information, we will take steps to delete such information from our servers.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will also notify you via email and/or a prominent notice on our Service before the change takes effect and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at onekiss.net1688@outlook.com

Visit our official website: www.onekiss.net

Developer:Henan Xiance Technology Co., Ltd

Part I Disclaimer

Part ll Privacy Policy

Definitions

Service is the mobile application operated by Henan Xiance Technology Co., Ltd

Personal Data means data about a living individual who can be identified from those data or from those and other information either in our possession or likely to come into our possession.

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit.)

Cookies are small files stored on your device (computer or mobile device).

Data Controller means the natural or legal person who determines the purposes for which and the manner in which any personal information is processed.

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data:

·Email address

·First name and last name

.Phone number

·Cookies and Usage Data

·User avatar

Personal Sensitive Data

As part of our commitment to enhancing your experience,we collect the following health metrics:

·Respiratory rate

·Resting Heart Rate (RHR)

·Heart Rate Variability (HRV)

·Saturation of Peripheral Oxygen (SpO2)

.Steps

·Heart rate

.Sleep data

Usage Data

Location Data

Tracking & Cookies Data

Examples of Cookies we use:

·Session Cookies: We use Session Cookies to operate our Service.

·Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

·Security Cookies: We use Security Cookies for security purposes.

Use of Data

ONEKISS uses the collected data for various purposes:

·To provide and maintain our Service

·To notify you about changes to our Service

·To allow you to participate in interactive features of our Service when you choose to do so

·To provide customer support

·To gather analysis or valuable information so that we can improve our Service

·To monitor the usage of our Service

·To detect,prevent and address technical issues

Legal Basis for Processing Personal Data under the General Data Protection Regulation(GDPR)

·We need to perform a contract with you

·You have given us permission to do so

.The processing is in our legitimate interests, and it is not overridden by your rights

·To comply with the law

Retention of Data

Transfer of Data

If you are located outside and choose to provide information to us,please note that we transfer the data, including Personal Data, to and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer

DISCLOSURE OF DATA

Disclosure for Law Enforcement

Legal Requirements

ONEKISS may disclose your Personal Data in the good faith belief that such action is necessary to:

·Comply with a legal obligation

·Protect and defend the rights or property of ONEKISS

·Prevent or investigate possible wrongdoing in connection with the Service

·Protect the personal safety of users of the Service or the public

·Protect against legal liability

Security of Data

YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area(EEA), you have certain data protection rights. ONEKISS aims to take reasonable steps to allow you to:

Right of Rectification:You have the right to have your information rectified if that information is inaccurate or incomplete

·Right to Object: You have the right to object to our processing of your Personal Data.

·Right of Restriction: You have the right to request that we restrict the processing of your personal information.

·Right to Data Portability: You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.

·Right to Withdraw Consent: You also have the right to withdraw your consent at any time where ONEKISS relied on your consent to process your personal information.

SERVICE PROVIDERS

LINKS TO OTHER SITES

CHILDREN'S PRIVACY

Our Service does not address anyone under the age of 18 ("Children").

CHANGES TO THIS PRIVACY POLICY

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at onekiss.net1688@outlook.com

Visit our official website: https://www.onekiss.net

Developer:Henan Xiance Technology Co., Ltd

User Agreement

Last updated: Jul 23, 2024

1 About Us

The ONEKISS app and its related technologies and functions (collectively, the “Services”) are operated by Henan Xiance Technology Co., Ltd (hereinafter referred to as “Xiance", “we", “us”, or "our”). In this Agreement (as defined below), “you” and “user” refer to any individual that uses and/or accesses the Services.

2 Purpose of the Agreement

This user agreement, our Privacy Policy (which you can view by going to Me >About Us>User Agreement and Privacy Policy in the ONEKISS app), and other policies and information published or made available through the Services (collectively, this “Agreement”) are the terms and conditions applicable to you with regard to your use of, and access to, the Services. This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted, by or in connection with the Services, what to do if there is a service issue, and other important information. Please read this Agreement carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to this Agreement. If you do not accept this Agreement, you must not access or use the Services.

3 Eligibility

You must be 18 years of age or older, or have reached the age of majority for the legal jurisdiction that you reside in to access and use any of the Services. If you are under the age of 18 years, your parent or guardian must agree to the terms of this Agreement on your behalf in order for you to use the Services.

You are subject to and solely responsible for obeying all laws and regulations of the jurisdiction in which you reside and from which you access or use any of the Services.

4 Accessing the Services

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, subject to, and in accordance with, this Agreement.

You must have a ONEKISS ID to access or use some of our Services.

5 The Services

The Services are provided through the ONEKISS app and used to record, monitor, and analyze your fitness and health data, and provide sports and wellness guidance, the main features are as follows:

(1) ONEKISS ID login: To manage your fitness and health data, you need to

(2) Managing wearables and health devices: This feature supports the management of ONEKISS. Once paired with your phone, you can easily use,

configure, and update your ONEKISS and check your health data in ONEKISS

app as the data is synced to your phone in real time.

(3) Managing personal information: You can edit your nickname, profile picture, gender, age, height, weight, and other personal information in ONEKISS app.

(4) Recording fitness data: You can record your daily workouts, including walking, running, and cycling, as well as track your workout trajectory through the ONEKISS app. Ensure that permission to access your location is allowed on your phone or tablet before enabling the exercise trajectory feature.

(5) Managing health data: You can measure, record, and display health-

related data including sleep, heart rate, SpO2, blood pressure, and body

temperature on the ONEKISS app after pairing your wearables or health

devices.

(6) Problems and suggestions: To report any problems or to provide suggestions, you can touch Problems and suggestions on your ONEKISS app,

and upload relevant logs if any.

(7) Collect image information for setting the user app avatar

(8) Nickname

(9) Phone number

(10) Email address

(11) Gender

(12) Age

The above information is collected for the basic functions of the app and no user information will be leaked except under special circumstances.

6 Account Security

You must keep your ONEKISS ID username and password, and you must not share them with anyone else. We recommend that you choose a strong password and keep it in a safe place. You are responsible for keeping your password safe and shall bear any losses and liability incurred as a result of providing your Account to a third party.

If you think that someone else might be using your Account, you should let us know immediately using the contact information provided in the "Contact Us" section. You must not use anyone else's ONEKISS ID to access the Services. Any disputes arising therefrom shall be borne by you.

7 Terms of Use

By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with this Agreement.

You shall not use the Services to transmit any information of the following nature or participate in any activity of the following nature by any other means:

(1) Upload, download, store, duplicate, publish, transmit, send by email, or otherwise provide content prohibited by applicable laws, regulations, and policies, including but not limited to the content that:

a. Violates the fundamental principles of the Constitution;

b. Compromises national security, divulges state secrets, subverts state power, or undermines national unity;

c. Impairs the national honor and interests;

d. Incites national hatred or discrimination or disrupts national unity;

e. Disrupts the religious policies of the country or publicizes evil cults or feudal and superstitious ideologies;

f. Spreads rumors, disrupts social order, or undermines social stability;

g. Spreads or describes content that involves obscenity, pornography, gambling, violence, murder, terror, or abets crimes;

h. Insults, defames, or infringes on the legal rights and interests of others;

i. Endangers social morality or the excellence of national cultural traditions;

j. Infringes upon any third party's patent rights, copyrights, trademark rights, reputation rights, or any other legitimate rights and interests; or

k. Is otherwise prohibited by laws or administrative regulations.

(2) Infringe upon others' privacy, business secrets, trademark right, copyright, patent right, and other lawful rights.

(3) Engage in any illegal transactions, such as selling firearms, drugs, illegal substances, or other prohibited items.

(4) Plan to engage in or engage in money laundering, credit card kiting, or other illegal financial transactions.

(5) Make transactions using an invalid bank account or a third party's bank account.

(6) Otherwise violate applicable laws, regulations, and policies or the terms contained in this Agreement. You hereby agree and undertake:

1) Not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs;

2) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;

3) Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, or attempt to do so beyond the extent allowed by applicable laws;

4) Not to distribute, license, lease, sell, resell, transfer, publicly.

8 Xiance Content

Unless otherwise stated or stipulated by laws and regulations, Xiance and/or its licensors, retain all right, title and interest in and to the information, in any form including but not limited to text, video and audio, images, icons, apps, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including their look and feel (collectively, "Xiance Content"). Your access to and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services, or their content, unless otherwise specified in this Agreement.

You may not make alterations, copies, extractions, modifications or additions to Xiance Content, or sell, copy, disseminate, license, or misuse Xiance Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of Xiance Content, you must contact Xiance in advance and obtain Xiance's prior written consent unless otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.

You may not make alterations, copies, extractions, modifications or additions to Our Content, or sell, copy, disseminate, license, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of Our Content, you must contact us in advance and obtain our prior written consent unless otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.

If you believe that the Services or any part thereof infringes upon any copyright, trademark, patent, trade secret or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information provided in the "Contacting Us" section.

9 Your Content

We do not claim any proprietary rights to the text, files, images, photos or any other information you upload, post, or otherwise transmit to or through the Services (collectively "Your Content"). You continue to retain ownership and are entirely responsible for Your Content. If a third party makes any claim or poses any challenge in respect of Your Content, we will take urgent steps to hide the content concerned. If you cannot effectively prove yourself as the right holder through your negotiation with the third party, we will permanently hide or delete the content uploaded by you.

10 Monitoring the Services

You acknowledge and agree that, in accordance with applicable laws and regulations, we may at any time, at our sole discretion and without notice to you, take such measures as we decide are necessary for the purposes of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), ensuring your compliance with this Agreement, applicable laws, orders or directions of any court, consent decree, administrative agency, or other governmental body.

11 Privacy and Data Collection

In order to provide you with required services and help ensure the security of your transactions, we will collect and process your personal information in accordance with the Statement About ONEKISS App and Privacy (hereinafter referred to as "Privacy Policy"). Please carefully read the Privacy Policy to understand the purpose, method, and scope of our collection, use, storage, and sharing of your personal information, as well as the channels for querying and correcting information, consequences of refusing to provide your personal information, and measures taken by us to protect your personal information.

12 Data Storage

Xiance is not liable for any data deletion or storage failure caused by you. Unless otherwise stipulated by laws, regulations, or the Privacy Policy, Xiance can determine the maximum storage period of your data in the Services and allocate the maximum data storage space on the server as necessary. You can back up the data related to the Services as required.

In the event that you stop using the Services or the Services are terminated, Xiance has the right to permanently delete your data from the servers and has no obligation to return any data to you unless otherwise stipulated by laws, regulations, and the Privacy Policy.

13 Disclaimers

The Services are only for use by you or accounts to which you grant shared access, and must not be used by any third party. You agree that Xiance and its affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors, and distributors (collectively "Xiance Parties") are not liable for any losses caused by any unauthorized use of the Services.

Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control. The Xiance Parties will not be liable for any claim arising from or related to such interruptions, delays, disruptions, or similar failures.

To the maximum extent permitted by applicable laws, the Xiance Parties

are not liable to you or to anyone else for any damages if you or anyone

else is unable to access or use the Services due to:

(1) Any suspension or termination of the Services by Xiance to enable maintenance work or updates to systems, software, or hardware to be carried out;

(2) Any delay or failure of a system or communication network that is owned or controlled by someone other than Xiance;

(3) Any suspension, cancellation, or termination of any contract or other arrangements between Xiance and any of its third-party payment service providers that affect the Services;

(4) Any errors or interruptions due to hacking attempts or similar security breaches; or

(5) Any other event or occurrence beyond Xiance's reasonable control.

The Services are provided on an "as-is" and "as-available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws in your jurisdiction, the Xiance Parties disclaim all warranties, conditions, or other terms of any kind, express or implied, and make no guarantee, undertaking, representation, or warranty for the following:

(f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes.

The Xiance Parties are not liable for any losses or damages to you caused in whole or in part by you relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access to and/or use of the Services.

The laws of some countries do not allow liability in relation to certain warranties, undertakings, representations, or guarantees to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.

14 Termination by You

You can terminate this Agreement via your account settings or by ceasing to use the Services. You can also withdraw your consent by going to Me>About us>User Agreement in ONEKISS App and exit the app.

15 Termination and Suspension by Xiance

Subject to applicable laws, we may temporarily or permanently suspend, cancel, impose limits on, or restrict your access to part(s) or all of the Services at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently, or temporarily, impose limits on, cancel, suspend, or restrict your access to parts or all of the Services under the following circumstances:

(1) If you violate, or Xiance believes that you are about to violate, this Agreement, including any agreements, policies, or guidelines incorporated herein;

(2) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides Xiance with any false or misleading information;

(3) In response to requests by law enforcement or other government agencies under valid legal process;

(4) In case of urgent maintenance work or urgent updates to systems or

hardware; or

(5) Due to unexpected technical, safety, business, or security reasons. The expiry or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the expiry or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination.

Any provisions of this Agreement which expressly or by their nature are intended to survive the termination of this Agreement shall remain in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or expire due to their natures.

16 Changes to this Agreement

Xiance is constantly updating, changing, and improving the Services. Xiance may add or remove functions or features, create new limits to the Services, or temporarily or permanently suspend or stop the Services. Xiance may also modify this Agreement at any time based on updates to the Services. The updated Agreement will replace the original Agreement once released. We will push an in-app agreement update notice in a timely manner. If you do not accept the updated terms, please stop using the Services immediately. Your continued use of this Service shall be deemed as your acceptance of the updated Agreement.

Xiance will inform you within a reasonable time period of any changes to the Services or this Agreement that will materially disadvantage users or materially limit their access to or use of the Services. For changes to the Services that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as is practicable.

17 Governing Laws

These Terms and Conditions and your use of the Website/Mobile Application shall be governed by and shall be construed in accordance with the laws of China. All disputes relating to this Agreement shall be settled in the courts located in China.

Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after:

when such cause of action accrues; or such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

18 DISPUTE RESOLUTION

If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the Xiance Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Xiance may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Chinese Laws and regulations in effect at the time or applying for arbitration (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be in Shenzhen China and the language of this arbitration shall be either in English or Chinese. Either You or Xiance may seek any interim or preliminary relief from a court of competent jurisdiction in China necessary to protect the rights or the property belonging to You or Xiance (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Xiance may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Xiance. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.

b. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law no arbitration shall be joined with any other proceeding;

there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures;

and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

c. Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;

any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;

and any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19 LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20 INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

a. your Contributions;

b. use of the Website/Mobile Application;

c. breach of these Terms and Conditions;

d. any breach of your representations and warranties set forth in these Terms and Conditions;

e. your violation of the rights of a third party, including but not limited to intellectual property rights; or

f. any overt harmful act toward any other user of the Website/Mobile Application with whom you connected via the Website/Mobile Application.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21 LIMITATIONS OF LIABILITY

The Services or third parties may provide links to other websites or resources. You acknowledge and agree that Xiance is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such websites or resources.

Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and Xiance, and neither party shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements in the name of or on behalf of the other.

Xiance is not liable for any failure or delay in the performance of its obligations under this Agreement or the provision of the Services that is caused by or attributed to matters beyond Xiance's reasonable control.

Xiance may assign, sub-contract or novate any of our rights and/or obligations under this Agreement.

If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction or any other competent authorities to be void, invalid, or unenforceable, it shall be deemed to be deleted from this Agreement and all other provisions of this Agreement shall remain in full force and legally effective.

22 Contacting Us

If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at onekiss.net1688@outlook.com.

Henan Xiance Technology Co., Ltd

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