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Version update time: October 26, 2021 Version effective date: November 1, 2021
[Introduction]
Welcome to use the services of the Magic Academy!
In order to use the services of the Magic Academy (hereinafter referred to as the Service), you should read and comply with the 《Magic Academy Service Agreement》 (hereinafter referred to as the Agreement), as well as special rules, etc. Please carefully read and fully understand the contents of each clause, especially the corresponding clauses for exemption or limitation of liability, as well as the separate agreement for opening or using a certain service, and choose to accept or reject them. Limitations and disclaimers may be highlighted in bold to alert you. Unless you have read and accepted all the terms of this agreement, you have no right to use Mobo Cloud Learning Services. Your login, viewing, and posting of information on this service shall be deemed as your reading and agreement to the constraints of this agreement.
Ⅰ、 Scope of the Agreement
1.1 This agreement is between you and Mobo Technology regarding your use of Magic Academy services. Mobo Technology refers to Mobo (Beijing) Technology Co., Ltd.
1.2 Magic Academy Users refer to individuals or organizations who register, use Magic Academy services, and obtain cloud learning management permissions, and are more commonly referred to as you in this agreement. End users refer to individual users who are assigned to use cloud learning services after using Magic Academy users. The aforementioned Magic Academy users and end users are collectively referred to as users or all users.
The content of this agreement also includes the relevant agreements, service statements, business rules, and announcement guidelines that Mobo Technology may continuously release regarding this service (hereinafter collectively referred to as special rules). Once the above content is officially released, it shall become an integral part of this agreement and all users shall comply with it equally.
Ⅱ、 Regarding this service
2.1 [Acquisition of this Service]
2.1.1 You can inquire about this service from authorized distributors of Mobo Technology.
2.1.2 If you obtain this service through a third party without authorization from Mobo Technology, Mobo Technology cannot guarantee the normal use of this service and will not be responsible for any losses you may suffer as a result.
2.1.3 Mobo Technology will complete the review of orders submitted by you through authorized distributors as soon as possible, and the review results will be notified to your designated contact person through email, mobile SMS, authorized distributors, or other means.
2.1.4 You understand and agree that after submitting the order requirements and confirming the relevant order information in accordance with the relevant procedures and prompts, your order information, company information and qualifications, invoice information, and any other information submitted by you cannot be modified in any way. At the same time, you should strictly follow the requirements to complete the payment.
2.1.5 If you inquire about this service from the authorized distributor of Mobo Technology, Mobo Technology will provide you with the service in accordance with the provisions of this agreement and special rules. Any agreement or rule beyond the aforementioned agreement or rules (such as services specially customized by you to the distributor), you should request fulfillment from the distributor, and Mobo Technology does not guarantee the fulfillment of the aforementioned agreement.
2.2 [Content of this Service]
2.2.1 This service is provided by Mobo Technology to users for cloud learning storage space, and utilizes cloud learning systems to provide users with online learning, exams, and interactions, uploading and downloading courseware and test questions, hosting courseware content, and other related online learning functions.
2.2.2 After you successfully activate this service, Mobo Technology will provide you with cloud learning management permissions, app usage instructions, corresponding storage space, and usage instructions based on the number of end users who use this service, and ensure the normal operation of this service.
2.2.3 You may inquire about this service from authorized distributors of Mobo Technology, and the start date of the service shall be subject to the agreement between you and the distributor.
Ⅲ、 Users Rights and Obligations
3.1 [Preparation for Acquisition of This Service]
3.1.1 You should submit clear and complete application materials as required, including but not limited to: proof of subject qualification, applicant information, enterprise contact information, invoice information, etc. The specific application materials shall be subject to the requirements of Mobo Technology. If the service cannot be opened normally or delayed due to missing information, Mobo Technology shall not be held responsible. You guarantee that the information submitted is true, accurate, timely, and complete. Otherwise, any direct or indirect disputes arising from it will be your responsibility or compensation. You agree that Mobo Technology can confirm through phone, email, or on-site visits.
3.1.2 You need to prepare yourself to accept the hardware equipment required by the service and open the Internet connection service. Users need to bear the hardware costs and data traffic costs that may arise during the use of the service. Mobil Technology will not bear any responsibility if the service cannot be used normally due to your lack of appropriate hardware or failure to successfully connect to the Internet.
3.2 [User Rights]
3.2.1 Magic Academy users have the right to use this service according to the agreement after successfully opening it.
3.2.2 Magic Academy users have the right to manage end-users within the scope of the service agreement, including: increasing or decreasing the number of end-users using this service, allocating end-user cloud learning space, setting end-user usage permissions and passwords, etc.
3.2.3 The end user has the right to use this service according to the settings of the Magic Academy user.
3.3 [User Information Content Specification]
3.3.1 The information content referred to in this article refers to any content created, copied, published, or disseminated by users during the use of this service, including but not limited to course content, titles, and other content generated by the use of this service.
3.3.2 Mobo Technology has always been committed to providing users with a civilized, healthy, standardized and orderly network environment. All users shall not use this service to create, copy, publish or disseminate content that interferes with Mobo Technologys normal operation or infringes on the legitimate rights and interests of other users or third parties, including but not limited to:
3.3.2.1 Posting, transmitting, disseminating, and storing content that violates national laws and regulations:
(1) Violate the legal code established by the constitution;
(2) Endangering national security, leaking state secrets, subverting state power, and undermining national unity;
(3) Hurt the country honor and interests;
(4) Promote ethnic hatred, ethnic discrimination, destroy ethnic brotherhood;
(5) Destroy the national religious policy, promote the wrongful religion and the feudalism;
(6) Spread rumors, disrupt social order, destroy social stability;
(7) Spreading obscenity, pornography, gambling, violence, terror, or inciting crime;
(8) Insult or defame others, infringe on others rights;
(9) Inciting illegal gatherings, associations, marches, demonstrations, and gatherings to disrupt social order;
(10) Engage in illegal activities under the name of an illegal group;
(11) Contain other contents prohibited by law or administrative regulations.
3.3.2.2 Publish, transmit, disseminate, and store content that infringes upon the legitimate rights of others, such as reputation, portrait, intellectual property, trade secrets, etc;
3.3.2.3 Involve others privacy, personal information or material;
3.3.2.4 Other information that violates laws, regulations, policies, public order and good customs, social ethics, or interferes with the normal operation of Mobo Technology and infringes on the legitimate rights and interests of other users or third parties.
3.4 [Service Usage Guidelines] Unless permitted by law or written permission from Mobo Technology, you are not allowed to engage in the following behaviors during the use of this service:
3.4.1 Reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of this service;
3.4.2 Use, rent, lend, copy, modify, link, reproduce, compile, publish, publish, and establish mirror sites for the content owned by Mobo Technologys intellectual property rights;
3.4.3 Log in or use Mobo Technology services, or create, publish, or disseminate the aforementioned tools through third-party software, plugins, plug-ins, or systems that are not developed or authorized by Mobo Technology;
3.4.4 Interference with this service, its components, modules, and data by oneself or by authorizing others or third-party software;
3.4.5 Other unauthorized behavior not authorized by Mobo Technology.
3.5 [Service Operation Standards] Unless permitted by law or written permission from Mobo Technology, all users shall not engage in the following behaviors during the use of this service:
3.5.1 Submitting or publishing false information, or impersonating or using the name of others;
3.5.2 Fabricating facts, concealing the truth to mislead or deceive others;
3.5.3 Infringement of others legitimate rights such as reputation, portrait, intellectual property, trade secrets, etc;
3.5.4 Utilize this service to engage in any illegal activities;
3.5.5 Develop, publish, operate or disseminate methods and tools related to the above actions, regardless of whether these actions are for commercial purposes;
3.5.6 Other behaviors that violate laws and regulations, infringe upon the legitimate rights and interests of other users, interfere with the normal operation of services, or are not expressly authorized by Mobo Technology.
3.6 [Responsible for their own actions] All users fully understand and agree that they must be responsible for all actions under their registered account, including any content published and any consequences arising therefrom. Users should make their own judgments on the content of this service and bear all risks arising from the use of the content, including risks arising from reliance on the correctness, completeness, or usefulness of the content. Mobo Technology cannot and will not be liable for any loss or damage caused by the aforementioned risks.
Ⅳ、 [Magicdemy obligations]
4.1 [Providing Services as Agreed]
4.1.1 Mobo Technology will review the cloud learning user application materials submitted by authorized dealers within the agreed time, and activate this service within the agreed time after the user pays the corresponding fees. If you fail to make payment on time, Mobo Technology has the right to refuse to activate this service and cancel your order without any legal responsibility.
4.1.2 Mobo Technology provides you with clear operational guidance services and offers technical consulting services in case of any service issues or improper operations.
4.1.3 You have the right to provide feedback to Mobo Technology regarding service quality issues, and Mobo Technology will respond as soon as possible. If the issue can be resolved in a timely manner, Mobo Technology will assist the user in resolving the corresponding problem in a timely manner.
4.1.4 When there are changes in the functions, prices, and usage methods of this service, Mobo Technology will notify users through the notification method stipulated in this agreement.
4.2 [Protection of User Information Security]
4.2.1 Protecting user information security is a fundamental principle of Mobo Technology, and Mobo Technology will take reasonable measures to protect users personal information and email information. Mobo Technology adopts professional encryption storage and transmission methods for relevant information to ensure the security of users personal information and email information.
4.2.2 Mobo Technology will use various security technologies and procedures to establish a comprehensive management system to protect users personal information and email information from unauthorized access, use, or disclosure.
4.2.3 Without the users consent, Mobo Technology will not disclose the users personal information and learning information to any company, organization, or individual outside Mobo Technology, except as otherwise provided by laws and regulations.
4.3 [Default Handling]
4.3.1 If Mobo Technology discovers or receives reports or complaints from others that users violate the provisions of this agreement, Mobo Technology has the right to delete or block relevant content at any time without notice, and impose penalties on the violating users, including but not limited to warnings, restrictions, or prohibitions on the use of some or all functions, suspension of services, and termination, depending on the severity of the behavior. The fees already collected by Mobo Technology will not be refunded.
4.3.2 You understand and agree that Mobo Technology has the right to punish any behavior that violates relevant laws and regulations or the provisions of this agreement based on reasonable judgment, take appropriate legal actions against any user who violates laws and regulations, and report relevant information to relevant departments in accordance with laws and regulations. The user shall bear all legal responsibilities arising therefrom alone.
4.3.3 You understand and agree that you shall be solely responsible for any claims, demands, or losses claimed by third parties due to your violation of the provisions of this agreement or related service terms; If Mobo Technology suffers losses as a result, you should also compensate accordingly.
4.4 [Service End and Post-Service Processing]
4.4.1 Service termination refers to the termination of the provision of this service to cloud learning users by Mobo Technology if the Magic Academy user fails to complete the renewal procedures upon the expiration of this service.
4.4.2 You should complete the renewal procedures in advance before the expiration of this service, otherwise Mobo Technology has the right to terminate your use of this service without notice from the expiration date of your use of the cloud learning service.
4.4.3 After the end of the service, Mobo Technology has the right to clear all data, information, etc. generated by your use of this service at any time, including but not limited to all courses, exams, saved or earned points that have been uploaded or participated in, and will not be responsible for any losses suffered by you as a result. If you are unable to complete the renewal procedures when this service expires or decide not to continue using this service after expiration, please backup the relevant data in advance.
Ⅴ、 [Disclaimer]
5.1 You understand and agree that, due to the special nature of network services or adjustments or changes in national policies, industry regulations, etc., Mobo Technology has the right to change, suspend, or terminate some or all of the services based on the overall operation of this service or relevant operating norms, rules, etc. Mobo Technology will notify users in the manner specified in this agreement.
5.2 You understand and agree that in order to provide you with more comprehensive services, Mobo Technology has the right to regularly or irregularly inspect, maintain, upgrade, etc. the platform or related equipment that provides this service. Such situations may cause the relevant services to be interrupted or suspended within a reasonable time. If this causes you losses, you agree to waive Mobo Technologys responsibility.
5.3 You understand and agree that Mobo Technologys services are provided based on the current state of technology and conditions that can be achieved. Mobo Technology will make every effort to provide you with services, ensuring their continuity and security; However, Mobo Technology cannot guarantee that the services it provides are flawless, nor can it foresee and prevent legal, technical, and other risks at all times, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, communication line failures, third-party service defects, government actions, and other reasons that may cause service interruptions, data loss, and other losses and risks. So you also agree that even if there are defects in the services provided by Mobo Technology, the above-mentioned defects are unavoidable by the industrys technological level at that time, and will not be considered as Mobo Technologys breach of contract. At the same time, if any data or information loss is caused to you as a result, you agree to waive the responsibility of pursuing Mobo Technology.
5.4 You understand and agree that in the process of using this service, there may be risk factors such as force majeure that may cause interruption of this service. Force majeure refers to objective events that are unforeseeable, insurmountable, unavoidable, and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and storms, as well as social events such as wars, riots, and government actions. When the above situation occurs, Mobo Technology will strive to cooperate with relevant units as soon as possible and carry out repairs in a timely manner. If any losses are caused to you as a result, you agree to waive Mobo Technologys responsibility.
5.5 You understand and agree that Mobo Technology shall not be held legally responsible for any service interruption or obstruction caused by the following circumstances:
(1) Damaged by computer viruses, trojans, or other malicious programs, as well as hacker attacks;
(2) Your computer software, system, hardware, and communication lines have malfunctioned;
(3) You operated improperly;
(4) You use this service through unauthorized methods;
(5) Other situations that Mobo Technology cannot control or reasonably foresee.
Ⅵ、 Regarding Notice
6.1 Mobo Technology may deliver various rules, notifications, tips, and other information about this service to you through one or more of the following methods: web announcements, web prompts, magic schools, mobile text messages, regular letter delivery, and sending internal messages within the management system of your registered service account. Once Mobo Technology publishes or sends such information through any of the aforementioned methods, it shall be deemed that you have accepted and agreed, and it shall be binding on you. If you do not accept it, please notify Mobo Technology in writing, otherwise it will be deemed that you have accepted and agreed.
6.2 If the information provided by you regarding the Magic Academy, mobile phone number, mailing address, etc. is incorrect, resulting in you not receiving relevant rules, notices, prompts, etc., you agree that it will still be deemed that you have received the relevant information and are bound by it. You shall bear all consequences and responsibilities on your own.
6.3 You also agree that Mobo Technology may send other types of information, including but not limited to commercial advertisements, that may not be related to this service to your email, phone number, etc.
6.4 If you have any matters that need to be notified to Mobo Technology, you should notify Mobo Technology in writing according to the contact information officially announced by this service.
Ⅶ、 Intellectual Property
7.1 The intellectual property rights of the information content (including but not limited to web pages, text, images, audio, video, charts, etc.) provided by Mobo Technology in this service belong to Mobo Technology, except for those that belong to others according to law. Unless otherwise specified, the copyright, patent, and other intellectual property rights of the software relied upon by Mobo Technology for providing this service belong to Mobo Technology. The copyright or trademark rights of the commercial logos such as moxueyuan, moxueyuan, magic academy, and logos used by Mobo Technology in this service belong to Mobo Technology. The above and any other intellectual property rights legally owned by Mobo Technology are protected by law. Without written permission from Mobo Technology, you are not allowed to use or create related derivative works in any form.
7.2 You only have the right to legally use this service or related technical interfaces in accordance with the provisions of this agreement. All copyright, patent, and other related rights related to the technical interfaces related to this service belong to Mobo Technology. Without the written permission of Mobo Technology, you are not allowed to breach the contract or use it illegally, and you are not allowed to sell, transfer, or authorize Mobo Technologys code, technical interfaces, and development tools to any unit or individual.
Ⅷ、 [Validity Period and Termination]
8.1 [Agreement Period]
Unless otherwise specified in this Agreement, this Agreement will remain in force.
8.2 [Termination Situations]
8.2.1 If you notify Mobo Technology in writing that you do not accept this agreement or its modifications, Mobo Technology has the right to terminate the provision of this service to you at any time.
8.2.2 If you are unable to continue using this service or if Mobo Technology is unable to provide this service due to force majeure factors, Mobo Technology has the right to terminate the agreement at any time.
8.2.3 If other termination conditions stipulated in this agreement occur or are fulfilled, Mobo Technology has the right to terminate the provision of this service to you at any time.
8.2.4 Due to your violation of this agreement, if Mobo Technology terminates the provision of this service to you in accordance with the agreement, and you subsequently register and use this service directly or indirectly, or in the name of others, Mobo Technology has the right to unilaterally suspend or terminate the provision of this service.
8.2.5 Either party declares bankruptcy or enters into liquidation or dissolution proceedings.
8.2.6 If there are new terms, both parties may negotiate in a friendly manner and sign a supplementary agreement, which shall have the same legal effect as this agreement.
8.2.7 During the effective period of the agreement, if there are new relevant documents issued by national laws, regulations, relevant departments of the country, and telecommunications operators, or changes in the policy environment, resulting in fundamental changes to the basis for the signing and performance of this agreement, either party may notify the other party to negotiate and change the original agreement. If negotiation fails, one party may terminate the agreement without assuming any responsibility by giving fifteen days prior notice to the other party.
8.2.8 If this agreement or service is terminated for any reason, Mobo Technology may retain or delete all data in your account or any information stored on Mobo Technologys servers due to your use of this service, including any data that you have not completed before the termination of the service.
8.2.9 If this agreement or service is terminated for any reason, you shall handle the backup of data and other information, as well as the handling of related matters with your users on your own.
8.3 [Matters after Termination]
The termination of this Agreement shall not affect any outstanding settlement or payment obligations of either party under this Agreement, or any other obligations or rights arising prior to the date of termination.
Ⅸ、 [Other]
9.1 The content of this agreement also includes the various institutional norms of Mobo Technology, other agreements or rules in the annexes of this agreement, and other relevant agreements, rules, etc. that Mobo Technology may continuously publish regarding this service. Once the above content is officially released, it becomes an integral part of this agreement and you should also comply with it. In case of any conflict between the above content and this agreement, this agreement shall prevail. Once you register or use any services under this agreement, it shall be deemed that you have read and agreed to be bound by this agreement and the above content. Mobo Technology has the right to unilaterally modify this agreement or the above content when necessary. After the relevant content is changed, if you continue to use this service, it will be deemed that you have accepted the modified relevant content. If you do not accept the modified content, you should stop using the relevant services.
9.2 This Agreement is signed in Beijing, China.
9.3 The provisions of this agreement regarding dates, unless otherwise specified, refer to natural days.
9.4 The establishment, effectiveness, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws of mainland China (excluding conflict of laws).
9.5 If any disputes or controversies arise between you and Mobo Technology, they should first be resolved through friendly negotiation; If the negotiation fails, both parties agree to submit the dispute or controversy to the peoples court with jurisdiction over the place where this agreement is signed for resolution.
9.6 The headings of all clauses in this agreement are for convenience of reading only and do not have any actual meaning in themselves, and cannot serve as a basis for interpreting the meaning of this agreement. (End)
Magicdemy (Beijing) Technology Co., Ltd