DingTalk Terms of Service

Welcome to use DingTalk Service!

Notice: Before using the DingTalk Services, you shall carefully read and comply with DingTalk Term of Service (the “Agreement”) and the DingTalk Privacy Policy. Please carefully read and fully understand the terms hereof and thereof, especially the terms exempting or limiting the DingTalk’s liabilities, which may be marked in bold, and terms on dispute resolution and governing laws.

By entering your information according to the instructions on the registration page or activation page, reading and accepting this Agreement, and completing all registration or activation procedures, or by actually using the Services in any other manner permitted by DingTalk, you represent that you have fully read, understood and accepted all terms hereof, and this Agreement shall be legally binding. You undertake to accept and comply with the provisions of this Agreement, and shall not claim that this Agreement is invalid or request to annul this Agreement on the ground that you have not read the contents of this Agreement or have not received DingTalk’s reply to your inquiries or otherwise.

 

Article 1. Parties

This Agreement is executed by and between the user by using DingTalk Services through DingTalk website, DingTalk App, DingTalk hardware and other service by the one hand (“User” or “You”) , and DingTalk (China) Information Technology Co., Ltd. DingTalk and DingTalk Technology Co., Ltd. (collectively “DingTalk CompanyDingTalkor “We) on the other hand.

 

Article 2. Contents and Effect of this Agreement

1. The contents of this Agreement include the main body hereof and all privacy policies, other policies, rules, statements, notices, warnings, alerts and instructions published or to be published by DingTalk (“Rules”). Such Rules are an integral part of this Agreement and shall have the same legal effect as the main body hereof.

2. DingTalk has the right to formulate or amend this Agreement and/or relevant Rules according to its needs from time to time. Upon at least 7 day prior public notice on the DingTalk official websit (www. dingtalk.com), the amended Agreement and Rules shall immediately supersede the original Agreement and Rules and take effect upon the 7 days’ notice. If you disagree with any relevant amendment, you shall immediately stop using DingTalk Services, and your continued use of DingTalk Services or any activity on the website shall be deemed as your acceptance of the amended Agreement and Rules.

 

Article 3. Scope of Services

1. DingTalk provides products and services which include DingTalk official website (dingtalk.com) , DingTalk Open Platform(open.dingtalk.com), DingTalk APP Center(appcenter.dingtalk.com) ,DingTalk  DRP platform (open-drp.dingtalk.com), DingTalk Communityclub.dingding.xin,together with DingTalk App, DingTalk web version (im.dingtalk.com) and DingTalk smart hardware (such as DingTalk M2 Smart Receptionist, DingTalk M1 Smart Attendance Machine, DingTalk C1/C1B Smart Communication Center, DingTalk P1 Printer Box) and other third party service and/or hardware that integrating of certain DingTalk features/services (Collectively the “DingTalk Service” as then provided by DingTalk) and we will make continuous effort to increase the DingTalk Services. If you have registered to use the Services in any form, you may use other versions of Services with the same account and this Agreement automatically applies to your use of all versions of applications and Services.

This Agreement does not apply to the services provided directly by other third parties through the foregoing DingTalk Services platform(collectively referred to as "Third Party Service"), such as the third party application service that you choose and use through the DingTalk APP Center, the AliPay service for payment, transfer, red envelopes and other related payment functions that you use through DingTalk Clients , the AliTranslation you choose to open translation function within the IM, etc.

2. DingTalk grants you a non-transferable, non-exclusive license to use DingTalk application in accordance with this Agreement, the Privacy Policy and all other applicable Rules and you may produce a copy of this application only as a back-up, which must contain all copyright information included in the original application. All other rights not expressly granted in this Agreement or other provisions of this Agreement shall be reserved by DingTalk and your exercise of these rights shall be subject to the written consent from DingTalk. Failure of DingTalk in exercising any such right shall not constitute a waiver thereof.

3. The scope of the Services includes address book, conference call, Ding, list of unread messages and other technical functions, which may be changed based on users’ demands, or optimized or modified with the upgrade of service application or at the sole discretion of service provider, or suspended due to regular or irregular maintenance.

4. DingTalk reserves the right to change, upgrade, modify or transfer the Services or any part thereof and the relevant functions and applications at any time at its own discretion. You agree that DingTalk is not required to notify you of and will not be liable to you or any third party for such change, upgrade, modification or transfer by making publicity on DingTalk official website (www.dingtalk .com).

5. Upon your company/organization’s written authorization, you may apply for an DingTalk administrator account by representing of your company/organization and upon DingTalk’s due process of certification, you may upload and manage your company/organization’s organization contacts and invite corresponding members to join DingTalk by the means of the administrator account so as to achieve communication, interaction collaboration among internal organization members for mobile smart working through DingTalk Services. Prior to you and your company/organization’s management of the organization members’ contacts, you and your company and/or organization should communicate to your organization members to apply DingTalk Service for business administration.

6. As long as you accept invitation to become and remain a member of a certain DingTalk group during your use of DingTalk Services, you are entitled to the circle of work services to such group and its members, including the management of contacts of members, voice service, application service and other services (as actually provided by DingTalk and applied by the company or organization), and you authorize your company/organization’s administrator account to manage your membership and relevant interests associated with the membership, including but not limited to add, delete and adjust the authority and restriction of Service scope, and you undertake to use DingTalk Services within the scope of your company/organization’s authority in addition to compliance with the this Agreement and DingTalk Rules.

 

Article 4. Registration and Account Management

1. You hereby acknowledge that when you complete the registration procedures or otherwise actually use the Services in such a manner as permitted by DingTalk, you are a natural person, legal person or other organization that has full capacity for civil rights and for civil conducts conducted by you. If you are not such an eligible User, please do not use the Services; otherwise, you and your guardian shall bear all consequences arising therefrom and DingTalk has the right to close (permanently freeze) your account and claim loses and damages to DingTalk against you and/or your guardian. If you registration or actually use the Services in such manners as permitted by DingTalk on behalf of a company, organization or other legal entity, you hereby represent and warrant that you have been duly authorized and have the right to make such company, organization or legal entity bound by the terms of this Agreement.

2. At the time of registration, You may use your cellphone number provided or confirmed by you or any other information acceptable to DingTalk for account registration, you undertake to submit true, accurate, complete identity information and other relevant information reflecting your current conditions and the DigTalk will automatically assign a DingTalk ID to you. You may set the DingTalk ID only once and it cannot be changed once it is set. You understand and agree that the account name registered and DingTalk ID, icon, profile and other information set by you shall not include any illegal or offensive information, and that you shall not pretend to be others, or register for others without his/her consent, or register confusingly similar account or set confusingly similar DingTalk ID, or use user names that may infringe upon interests of others (including but not limited to potential infringement upon trademark right or right of reputation); otherwise, DingTalk has the right to reject your registration or terminate the provision of Services to you and cancel your account and DingTalk ID, with any and all losses incurred therefrom solely borne by you.

3. You understand and agree that the ownership of registered DingTalk account (including account on client and Service administrator account) shall belong to DingTalk and you only have the right to use such account upon completion of registration. The right to use DingTalk account shall only be vested in the original applicant for registration and shall not be transferred or provided to others in any manner; otherwise, DingTalk has the right to repossess such account immediately without further notice and any and all losses caused by deletion and loss of all data and information generated during your use of the Services shall be solely borne by you.

4. After your successful registration, DingTalk will confirm your identity elements for your further log in DingTalk, the identity elements consist of the name of your DingTalk account, password, your cell phone number, SMS check code, ID number, facial features and/or Eye grain information. you consent that DingTalk may apply different identity element to verify your DingTalk account in accordance with the terminal you apply and the habits that you use and log in the account, eg, you may be verified by your password and SM check code when your log in your DingTalk account initially at a new terminal. You shall properly keep your terminal, account name and password and/or identity elements and be liable for all activities (including but not limited to clicking “Accept” for or submitting various Rules and agreements online, purchasing Services, sharing information or image, initiating conference call) carried out by using such account and password and/or identity elements. You undertake to notify DingTalk immediately if your password or account is used without authorization or in case of any other security incident, and except for otherwise stipulated by laws, you agree and acknowledge that DingTalk will not be liable for any direct or indirect loss or damages caused under such circumstance. Unless under applicable laws or judicial rulings and with the consent of DingTalk, your account name and password may not be assigned, bestowed or inherited in any manner (except for property rights and interests in connection with the account).

5. You understand and agree that for the purpose of optimizing the management of website, if you fail to log in to DingTalk for 12 consecutive months after registration of DingTalk account, DingTalk has the right to repossess your account, and relevant problems and liabilities shall be solved and undertaken solely by yourself.

6. if You deregistration the DingTalk account and stop using DingTalk Service, DingTalk has the right to dispose of the contents/data and information relevant with the account, including but not limited to deletion of the same, and shall not be liable to the User in any manner; if the account is an administrator account, DingTalk has the right to cancel and delete such administrator account and all information and relevant rights and interests of the members in its contact list formed on the basis of this enterprise, including but not limited to terminating its service relationship with the company, organization and other legal entity, deleting the contact list of the company, organization and other legal entity, canceling the rights and interests of the members in the contact list in connection with the company, organization and other legal entity , deleting all information in the administrator account, and deleting all information of members in the contact list of the company, organization and other legal entity formed on the basis of such enterprise. Meanwhile, You and/or your company/organization is obliged to cancel the above mentioned company/organization’s data and/or information.

 

Article 5. Service Use Regulations

1. You fully understand and agree that DingTalk only provides a service platform to the User and you shall be liable for all acts conducted by using the Services and their consequences on your own. Accordingly, you shall understand that your use of DingTalk Services may be exposed to risks of illegal or improper conduct (or information) of others, and you shall judge and act on your own and assume the corresponding risks.

2. You shall bear fees arising from your use of the Services on your own, including but not limited to cellphone data fee and telecommunication service fee.

3. Unless otherwise specified, the Services hereunder shall be used for non-commercial purposes only. You undertake not to duplicate, copy, sell, resell or use any part of the Services or the use or acquisition thereof for any commercial purposes including but not limited to advertising.

4. You undertake not to use the Services for any illegal or improper actions, including but not limited to:

4.1 Uploading, transmitting or sharing information containing any content which:
(a) opposes the fundamental principles established by the Constitution;
(b) jeopardizes national security, divulges national secrets, subverts state power, or sabotages national unity;
(c) damages the national honor and interest;
(d) incites ethnic hatred or discrimination, or undermines ethnic solidarity;
(e) violates the national religious policies, or propagates evil cults or superstition;
(f) spreads rumors, disturbs public order, or sabotages social stability;
(g) encourages obscenity, eroticism, gambling, violence, murder, terror or instigates crimes;
(h) insults or defames others, or infringes upon the lawful rights and interests of others;
(i) is false, fraudulent, harmful, coercive, encroaching on privacy of others, harassing, infringing, slandering, vulgar, obscene, grossly harmful, blasphemous, defamatory, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or is otherwise morally disturbing or unlawful in any manner;
(j) is otherwise restricted or prohibited by the laws, regulations, rules, ordinances and any codes with legal effect in PRC or any other applicable jurisdiction whose laws may apply to your use of the Services;

4.2 Pretending to be any other person or organization, or falsely representing or fraudulently claiming to be related to any other person or organization;

4.3 Fabricating titles or otherwise manipulating the identification materials to mislead others to believe that such content is transmitted by DingTalk or its affiliates;

4.4 Uploading, transmitting or sharing any content known by you under any law or agreement or statutory relation (e.g., internal materials and proprietary and confidential data obtained or disclosed due to any employment relation or under any confidentiality agreement) which you are not authorized to upload, transmit or share;

4.5 Uploading, transmitting or sharing any content suspected of infringing any other person's rights (including but not limited to copyright, patent right, trademark right, trade secret and other intellectual property rights);

4.6 Stalking or otherwise harassing others, or sending a large amount of information to your friends or other users through the Services;

4.7 Uploading, transmitting or sharing any advertisement, marketing information, promotional materials, “spam”, “chain letters”, “direct sale” or solicitation materials in any other form, except to the community or by the function exclusively for the foregoing purposes;

4.8 Using the Services in critical sectors for which the Services are not designed, including but not limited to nuclear facilities, military, medical facilities, transportation and telecommunication. DingTalk will not be legally liable for any personal injury or death, property loss or environmental disruption caused by failure of the foregoing operations due to the application or Services;

4.9 Any act beyond the ordinary communications, whether internal or external, between friends or users;

4.10 Adding other users as friends, inducing other users to add you as their friend or otherwise befriending other users (including but not limited to forming unilateral and bilateral friend relations, the same below) for the purposes beyond the ordinary communications, whether internal or external, between friends or users (including but not limited to sending advertisements, spam, harassing information or information violating laws and regulations);

Sending a large amount of information to your friends or other users through the Service;

4.11 Any act violating the “seven base lines” (i.e., the laws and regulations, the socialist system, the national interests, the citizens’ lawful rights and interests, the public order, the social morality and the information authenticity); and

4.12 Any act violating PRC laws, regulations, rules, policies or normative documents.

5. You undertake not to do any of the following acts to DingTalk and Services:

5.1 Uploading, posting, emailing or otherwise transmitting any materials relating to the software virus or other computer code, file or program that disrupts, damages or restricts the functions of any computer hardware, software or telecommunication device;

5.2 Disrupting or damaging the Services or the servers and networks connected to the Services, or violating any regulations, procedures, policies or codes relating to the networks connected to the Services;

5.3 Adding, deleting, reducing or altering application functions or effects by modifying or fabricating directives and data in its running process, or operating or distributing to the public the software and methods applied for the above purposes, whether for commercial purposes or not;

5.4 Logging in to or using the application and Services via any third-party software, plug-in or system that is not developed or authorized by DingTalk, or producing, publishing or spreading above tools; or

5.5 Disrupting the application or its components, modules and data on your own or by authorizing others or through using third-party software.

6. You undertake to strictly comply with this Agreement by using the DingTalk Services.

7. You agree and accept that DingTalk is not required to monitor the data and information uploaded, transmitted or shared by you in real time, provided, however, that DingTalk has the right to review and supervise your use of the Services and take corresponding actions, including but not limited to deleting information, suspending or terminating the Services, and reporting to the relevant authority.

8. You undertake not to use the Services in any form detrimental to DingTalk’s business interests, or engage in any acts that may damage or be prejudicial to DingTalk.

9. You understand and agree that, in the provision of the DingTalk Services, DingTalk Company and its affiliates together with DingTalk’s authorized corporation partners, are entitled to achieve you with commercial advertisements or promotional information in commercial or non-commercial form. DingTalk Company may perform obligation to the advertisement/promotion pertinent to the laws and regulation (including to offer a feature of closing the advertisement/promotion) and you should judge the authenticity and reliability of advertising information and take responsibility for your judgment. Except as expressly stated by laws, you should bear the loss and damages by the trading information or by the content of the advertisement and/or promotion by yourself and DingTalk shall not be liable for the aforementioned condition.

10. If you, as an appointed and authorized DingTalk administrator account or sub-administrator by your organization, you shall add and manage members through the account on your own, and be solely responsible for the conducts of such members. You shall also assume consequences resulting from any adjustment of the Services provided to the members by DingTalk based on the conduct of your Service administrator account, and shall compensate for losses caused to DingTalk or others thereby.

11.If you use Alipay's red envelope function, payment and/or money transfer functions within the DingTalk Client, you shall act in accordance with the provisions of laws, regulations and other normative documents, and shall not illegally use the function Alipay functions, nor shall the functions of red envelopes and money payments/transfer be used for illegal activities, such as gambling, llegal absorb public saving, fraudulent fund-rising, pyramid selling and other illegal and criminal acts, or to provide assistance for illegal and criminal acts. Otherwise you should compensate the DingTalk Company and/or others for the losses and damages incurred.

12. You fully understand and agree that you must be responsible for all conducts under your registered account, including any contents you publish and all consequences resulting therefrom. You shall judge on your own the contents you access in using the Services, and undertake all risks arising out of using the contents, including risks arising from reliance on the accuracy, completeness or practicability of the contents. DingTalk cannot and will not assume any liability for any losses or damages incurred by you due to the aforesaid risks.

13. If We discovers or receives report from others that you have breached this Agreement, DingTalk shall verify the report with its preliminary evidence, notice you in accordance with the applicable laws and regulations,  and is entitled to delete and block relevant contents at any time without any notice, and take the measures including but not limited to repossessing your account, restricting, suspending or terminating your use of all or part of the DingTalk Service, and holding you legally liable therefor.

 

Article 6. Service Fees

1. Any free trial, free functions or free portion of Services shall not be deemed as a waiver by DingTalk of any fee in the future. DingTalk has the right to inform you of the fee rate and the means of the payment in the form of announcement on the DingTalk official website or within the DingTalk Client with seven days in advance. If you intend to continue your use, you shall make payment at the fee rate and the payment published by DingTalk.

2. All fees shall be paid in advance in payment methods that are acceptable to DingTalk. Such fees do not include any taxes, charges or relevant remittances commissions, for which you shall make up for the difference or make payment on your own.

3. DingTalk has the right to unilaterally adjust the fee rate and methods of fee collection seven days in advance based on actual situations by notifying you in the form of announcement without your consent. If you disagree with such fee collection, you shall immediately stop your use of the Services, or otherwise you shall be deemed as having consented to the same and shall make payment.

4. You shall pay on you own the Internet access fee and other communication fee and information fee, etc., to be charged by third parties incurred during your use of the Services.

5. You understand and agree that, in using the voice service in the application, DingTalk will provide the Services via the network provided by telecommunication operators, who, in some cases, may collect certain communication fees from the User (for example, the User is required to pay roaming charges when he/she is roaming in a different region).

6. You understand and acknowledge that you will consume a small amount of data traffic in initiating one-party or multi-party DingTalk call but no data traffic will be consumed once the call is connected.

 

Article 7. Special Authorization

1. Where you have made any undertakings in any form to any of DingTalk’s affiliates and the relevant affiliate has confirmed that you are in breach of such undertakings, DingTalk has the right to immediately take restrictive measures against your account as provided in your undertakings, including but not limited to suspension or termination of the provision of the Services to you, and announcement of your breach as confirmed by the relevant affiliate. You understand and agree that DingTalk is not required to check the fact with you in respect of the relevant confirmation or otherwise obtain your consent, and DingTalk shall not be held liable to you for such restrictive measures or announcement.

2. Once you breach this Agreement or other agreements concluded between you and DingTalk, DingTalk has the right to notify DingTalk’s affiliates in any way and require such affiliates to take restrictive measures against your interests, including but not limited to requiring such affiliates to suspend or terminate the provision of the Services in whole or in part to you, and to announce your breach in any websites they operate or actually control.

 

Article 8. Third-Party Application/Service

1. DingTalk permits access of third-party applications/service to the DingTalk Service platform. You may obtain third-party application services including but not limited to the third party application service that you choose and use through the DingTalk APP Center, the AliPay service for payment, transfer, red envelopes and other related payment functions that you use through DingTalk Clients, the AliTranslation you choose to open translation function within the IM, etc (subject to the specific application/service the administration account applied). You understand and agree that DingTalk only acts as the platform provider for the access to the third party applications/service and the relevant applications/services are independently provided by third parties, and except as otherwise defined in the laws and regulations, DingTalk shall assume no liability toward your use of such application/services.

2. You understand and agree that if DingTalk makes any adjustment, suspension or termination of the Services or any portion thereof that affects third-party application services, DingTalk shall not be held liable.

3. When You use DingTalk through third-party applications or services, DingTalk may call the third-party system or support your use or access through the third party, and the results of such use or access will be provided by such third party.

4. You understand and agree that, except to comply with this Agreement, You are also obliged to comply with the third-party’s terms of service when applying third party application/service, and You may upload the contact list of members of the company and/or organization to the third party for the necessity of company/organization management before applying the application/service. Before choosing to use the Third Party Services, You should read and fully understand the Third Party Services’ product function, service agreement and privacy policy before choose and use the Third Party Services and you are also binding with the third party user agreements if there are any.

 

Article 9. Suspension or Termination of the Services

1. You agree that, in consideration of the particularity of internet services, DingTalk has the right to suspend, terminate or procure the suspension or termination of the Services or any portion thereof at any time, and that DingTalk is entitles to announce that by give you notice on DingTalk official website for such suspension or termination of free Services.

2. You understand and agree that DingTalk may, on a regular or irregular basis, carry out maintenance or servicing of devices, facilities, software and hardware of the platform with which Internet services are provided, and that DingTalk shall assume no liability if the paid Services are therefore suspended for a reasonable period, provided that DingTalk shall make announcement on DingTalk official website in advance to the greatest extent possible.

3. DingTalk may immediately suspend or terminate the provision of the Services to the User and request the User to make compensation for losses if:

3.1 the User breaches the obligation of registration as provided in Article 4;

3.2 the User fails to pay the corresponding service fees for the use of paid network services; or

3.2 the User violates the provisions of Article 5 in respect of the use of Services.

 

Article 10. Privacy Policy

1. Your account registered at DingTalk is equipped with the function of password protection to ensure security of your basic information. Please keep properly your account and password information.

2. DingTalk takes a variety of reasonable physical, electronic and administrative measures to protect your information and prevent your information and communication contents stored in DingTalk from being divulged, damaged or lost, including but not limited to SSL, encrypted information storage and access control to the data center. We also strictly manage the employees and contractors who may have access to your information, including but not limited to different access controls that are in place according to different posts, execution of confidentiality agreements with them, and monitoring of their operation. DingTalk will rely on existing technologies to provide corresponding security measures to protect your information and offer reasonable security protection, and will at all times make best endeavor to prevent your information from being divulged, damaged or lost. Meanwhile, please note that there are no “perfect security measures” in the information network, and please keep properly the relevant information.

3. DingTalk has the right to determine at its discretion the maximum storage period of your data in the application and the Services and the maximum storage space of the data in the server based on actual situations. You shall keep your terminal, account and password safe, and properly keep relevant information and contents. DingTalk will not be held liable for lost or stolen data or for deletion or storage failure of relevant data in the application and the Services for reasons that are attributable to you.

4. Please refer to DingTalk Privacy Policy for other privacy terms.

 

Article 11. Intellectual Property Rights

1. You understand and agree that unless otherwise stated by DingTalk, all intellectual property rights (including but not limited to copyright, trademark right, patent right, trade secret) and any other related rights in, of and to all products, technologies, software, programs, data and other information (including but not limited to texts, graphs, pictures, photos, audios, videos, charts, colors, layout and electronic files) contained in the Services hereunder are vested in DingTalk or its affiliates.

2. You shall guarantee that unless authorized by DingTalk in writing, with respect to the above rights, you shall not (and shall not allow any third party to) conduct acts including without limitation leasing, lending, selling, distributing, copying, modifying, reposting, compiling, releasing, publishing, reverse engineering, decomposing, decompiling, or otherwise obtaining the source code.

3. The logo of DingTalk, 钉钉”, 钉三多“DingTalk”, “Ding” and other texts, graphs and combination thereof, as well as other logos, marks, product names and service names of DingTalk involved in DingTalk Services are all trademarks of DingTalk Company and its affiliates in China and other countries. Without the written authorization of DingTalk, you shall not display, use or otherwise process any of the said trademarks in any way, or represent to others that you have the right to do so.

4. The intellectual property rights of all products, services, technologies and all applications or their components/functions/names (hereinafter referred to as "technical services") of DingTalk Services belong to the DingTalk Company or to its affiliates.

5. You understand that DingTalk may and You agree to authorize DingTalk to use your name, trademark and logo in the advertising and promotion only for the purpose of showing that you are our client or partner.

 

Article 12. Limited Liability

1. The Services will be provided on an “as is” and “as available” basis. DingTalk hereby expressly makes no explicit or implicit warranty for the Services, including but not limited to warranties, representations or undertakings with respect to the suitability, no error or omission, continuity, accuracy, reliability, and fitness for a particular purpose of the Services.

2. DingTalk makes no undertaking or warranty in respect of the effectiveness, accuracy, reliability, quality, stability, completeness and timeliness of the technologies and information involved in the Services.

3. Under no circumstance shall DingTalk be liable for any failure of or delay in providing the Services owing to Internet connection failure, breakdown of computers, communication or other systems, power failure, strike, labor dispute, rebellion, insurrection, riot, lack of productivity or production materials, fire, flood, storm, explosion, force majeure, war, government act, order from international or domestic court, or omission of a third party.

4. DingTalk shall not be liable for any special, direct, indirect, punitive, emergent, or consequential damages or any other damages (including without limitation loss of profits or interest, business suspension, loss of data) caused by the following reasons, whether or not foreseeable, and regardless of the form of acts by which such damages are caused:

4.1 use of or inability to use the Services;

4.2 fees incurred by purchasing or obtaining any product, sample, data or information, or by conducting transaction through the Services, or by other alternative acts;

4.3 unauthorized storage, modification or transmission of data;

4.4 representation or act conducted by a third party through the Services; or

4.5 damages caused by other matters relating to the Services, including negligence.

5. You fully understand and agree that in light of the particularity of the Internet system and environment, the information and personal materials shared by you in the Services may be copied, reposted, modified without permission, or used for illegal purpose by others. You have been fully aware of such risks, and hereby acknowledge that you shall take such risks on your own, for which DingTalk shall not be liable.

6. You understand and agree that there might be risks in the use of the Services, including without limitation any threatening, defamatory, objectionable infringing (including without limitation infringing the intellectual property rights), anonymous or pseudonymous information from others, and you shall take such risks on your own under the provisions of the service use reasonable precautions, for which DingTalk shall not be liable.

 

Article 13. Liability for Breach and Compensation

1. If DingTalk discovers or receives report from others that you have breached this Agreement, DingTalk shall have the right to delete and block relevant contents at any time without any notice, and take measures including without limitation restricting, suspending or terminating your use of DingTalk account and services, restricting, suspending or terminating your use of all or part of the Services (including but not limited to terminating your relationship with the group or members, deleting contact list, restricting addition of new members, message delivery or addition of new friends), and holding you legally liable therefor.

2. You agree that if any claim or demand is made by any third party against DingTalk or its affiliates, or any loss is incurred by DingTalk or its affiliates, due to or resulting from the information uploaded, transmitted or share by you through the Services, your use of other functions of the Services, your breach hereof or your infringement of any rights or interests of others, you shall make full compensation (including without limitation reasonable attorney’s fees).

 

Article 14. Effective Notice

1. Notices may be sent by DingTalk to you through email, announcement on the public zone of web page, alert in personal network area, SMS or regular letter, and such notices shall be deemed as having been duly delivered to the User or become effective on the date when it is sent.

2. You agree that any notice sent by you to DingTalk shall be sent to the email address, mailing address or duly published by DingTalk or notified to the User through the means set forth in Article 16, or be delivered through other methods recognized by DingTalk.

 

Article 15. Dispute Resolution and Others

1. The interpretation and application of and any dispute in connection with this Agreement shall be governed by the laws of the People’s Republic of China, and the People's Court of Yuhang District, Hangzhou shall be the competent court for the first instance.

2. If any provision hereof is deemed invalid or unenforceable, such provision may be severed and the remaining provisions shall remain legally effective.

3. DingTalk’s waiver of its rights hereunder in case of any negligence or breach hereof by the User shall not be construed as its waiver of any other or subsequent similar breach by the User.

4. This Agreement shall supersede all prior oral and written agreements, arrangements, undertakings and communications reached by the Parties in relation to any matters hereof.

5. TYou understand and consent that DingTalk has the right and upon sole dicretion to transfer all of its rights and obligations herein to its affiliates based on its business adjustment and notify such transfer by means specified herein, against which the User undertakes to raise no objection.

 

Article 16. Contact Information

You may contact us via [Mobile APP-Me- Customer Services-Online Consultation] or [7*12 hours customer service hotline (+86-0571-88157808)], or we can be reached within following contact:

DingTalk (China) Information Technolog Co., Ltd.

Addressee: DingTalk User Operation Center

Address: Building No.5, DingTalk Park, 959 Gao Jiao Road, Wuchang Street, Yuhang District, Hangzhou, China, 311100.

Email: dingtalkteam@alibaba-inc.com

 

Latest UpdatesMarch 212019 Version