WPS Office Online Service User Agreement
Jun 29, 2022（Archived Versions）
Thank you for using WPS Office Online Service ("Service").
This WPS Office Online Service User Agreement ("Agreement") is made and entered into by you ("User", "you", "your") and WPS Office (defined below) in regard to your use of the Service as described below and updated by us from time to time. Unless you agree to all terms of this Agreement, you are not entitled to log in or use any part or whole of the Service. If you check "Agree" (the specific wording shall be subject to what is set forth on the page), or if you log in, open and use the Service to view, edit, save, upload, download documents, or actual use of any product or service (if any) provided by a third party together with the Service, it means that you agree to all the terms of this Agreement and agree to be bound by it.
If you do not have full capacity for civil conduct due to factors such as age, intelligence, etc., you shall read and agree to this Agreement in the company of your parents or other guardians.
Before you proceed, WPS Office strongly recommends that you print out or save to your computer the Agreement for your future reference.
"You"/"Your"/"User"/ "Subscriber" refers to any natural person who uses any part or whole of the Service. If you are using any part or whole of the Service and accepting the terms hereof on behalf of any non-natural person , such as company or any other legal entity or any unincorporated organization, you represent and warrant that you have the authority to bind such non-natural person to the terms hereof, and, in such event, "you" or "your" will refer to such non-natural person.
"WPS Office" refers to WPS Software Pte. Ltd. And/ or its affiliated companies hereinafter referred to as "WPS Office" or "we", "us", "our". For purpose of this Agreement, “affiliated company(ies)” means any entity who, either directly or indirectly controls WPS Office, or who is under common control with WPS Office, or who is controlled by WPS Office. The term "control" shall mean direct or indirect ownership of at least fifty percent (50%) of voting interests or having the power to direct or cause the direction of the management and set the policies of a entity, whether such control is exercised by voting rights, contractual arrangement or otherwise.
"WPS Office Online Service"/"Service" refers to the services and products (separately referred to as “Specific Service”) that are launched by WPS Office or its affiliated companies, and/or any third party who has built partnership with WPS Office or its affiliated companies, which can only be logged into and accessed by using WPS Office Online Service Account(as defined below), as updated, added, deleted, or replaced by WPS Office from time to time. The Service may include but not limited to WPS Office Premium Service, WPS cloud service, translation service, template application service, online font application service and other Specific Services launched by us from time to time in future. The applicability and content of a Specific Service are subject to the agreements, rules and policies (if any) applicable to such Specific Service, and variable depending on operating system of your device and version of WPS Office Software. We may add, delete, replace, modify or adjust the name, content, form, charging mode, charging standard and method, agreement, rules, policy of a Specific Service. We may also start charging for a Specific Service currently included in the Service which are free of charge. Prior to the foregoing modifications, changes or charges, we will notify or announce you on the corresponding service page. Before using the Service you shall log into our server via our website (such as https://www.wps.com or such other URL as we may specify) or WPS Office Software( as defined below ). Certain Specific Service may only be used in certain WPS Office Software or device with certain operating system, subject to the description of such Specific Service when you make purchase or subscription of it.
"WPS Office Online Service Account" refers to the WPS account or a partner account recognized by WPS Office used by you to log into the Service. The WPS account is the account provided to you by WPS Office after you complete the registration process by filling in registration information at https://account.wps.com/signup.html?cb=https://store.wps.com&logintype=login&from=login or such other URL as designated by WPS Office from time to time and agreeing to abide by the relevant rules of WPS Office. Partner account recognized by WPS Office, currently includes Google account, Facebook account, Drop-box account, Twitter account,Huawei account and other accounts that may be added in future. When registering a partner account other than a WPS account, you shall completely abide by all of the pertinent requirements of the account providers. You shall agree with the User Statement for a WPS Office Online Service Account at https://www.wps.com/legal/onlineservice/UserStatementforAccount.
"WPS Office Software" 5., for purpose of this Agreement, refers to software products provided by us with or without charge including but not limited to WPS PDF, WPS Fill & Sign, PDF Converter, PDF Editor, WPS Data Recovery Master and other functions launched by us from time to time in future, including WPS Office for Windows, WPS Office for Mac, WPS Office for Android, WPS Office for iOS, WPS Office for Linux, WPS Docs and other software products launched by us from time to time in future. The specific type and name of the software products shall be as listed on the website https://www.wps.com . We reserves the right to add, delete, replace, modify or adjust the name, functions, charging mode, charging standard and method of a specific software product without prior notice.
"Chinese Mainland" refers to all of the areas within the territory of the People's Republic of China, only for the purposes clearly specified in the Agreement, and excluding Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan. The Service may not accessible and allowed when you are in Chinese Mainland.
"WPS Office Premium Service" refers to all membership services available by subscription, including "WPS Premium" and “WPS Template Premium”, the benefits and privileges of which are described in Product Comparisons via https://www.wps.com/pricing/, offered by WPS Office on a one-time payment or subscription basis. WPS Premium may include Speech Recording, Transfer PDF into Word, Document Slimming, Big Picture Sharing, PDF tools, and other services that may be officially introduced and included in the scope of the WPS Premium subsequently by WPS Office, WPS Template Premium may include Templates, fonts, resumes and other services that may be officially introduced and included in the scope of the WPS Template Premium subsequently by WPS Office. However WPS Office Premium Service is subject to then effective description of WPS Premium and/ or WPS Template Premium on the subscription page, as well as be variable depending on operating system of your device and version of WPS Office Software. You understand and acknowledge that WPS Office reserves the right to add, delete, replace or adjust the types, numbers, time limit, contents, and forms of providing of the privileges that may be enjoyed by premium user. The WPS Office Premium Service are only allowed to be used in the areas outside the Chinese Mainland.
"WPS Cloud Service" refers to providing users with cloud document service, cloud backup service and other services that may be launched later and fall within the scope of the Service through specific version of WPS Office software, according to the terms of this Agreement and according to your WPS Office Online Service Account. Cloud document service includes: 1) Cloud space service, that is, cloud space is configured for users according to their payment types for users to upload, save, download and other operations; 2) Automatic document synchronization service, that is, the documents uploaded by users to the cloud space can be consulted, edited, saved and downloaded on other terminal devices, and the historical records of the modifications made by users to the documents will be saved to facilitate you to refer to the historical revised documents; 3) Real-time document collaboration service, that is, it provides you with the service of creating document collaboration team and team collaboration document, and setting corresponding document operation permissions for document collaboration team members so that team members can cooperate with documents according to their document operation permissions. Cloud backup service refers to that you log in to a specific version of WPS Office software and on the premise that the software is connected to the Internet, you can refer to, edit and save the local document automatically uploaded to the cloud by a specific version of WPS Office software under local file happens automatically after the "change" to "change" file synchronization update to the service of the cloud server, and the behavior of automatically updating the "change" to the local files under the synchronization directory set by the user after detecting the "change" of the cloud files stored in the cloud server of the service under your WPS Office Online Service Account. Cloud space services and cloud backup services are provided by third-party cloud service providers that have cooperative relations with WPS Office, and the third-party cloud service providers shall assume the corresponding responsibilities of such services to users. The "change" referred to in this Agreement includes but is not limited to the addition, deletion, name change, alteration and movement of files/folders. You acknowledge and agree that WPS Office reserves the right to change the service content and the service delivery method from time to time without prior notice.
"Font Files" The Service may provide you with Font Files by online font application service for charge or for free. The Font Files and fonts shall only be used for your personal non-business purpose in WPS Office software in the only manner of print and screen display. The Font Files and fonts in them shall not be reproduced, published, sold, offered for sale, rented, distributed on internet, translated, provided, licensed, used, or utilized in other forms for any third party or on behalf of any third party. Only if you have agreed and accepted the WPS Office Online Service User Agreement (via https://www.wps.com/legal/OnlineServiceUserAgreement and its modifications updated from time to time and sign in the website www.wps.com following related indication, in addition, 1) when a Font File therein is not for free, you have paid for a certain Specific Service which includes usage rights of the Font File therein through channel authorized by WPS Office at related price (e.g. have paid for service of premium through https://template.wps.com, or 2) when a Font File is for free (if any), you agree that WPS Office has rights to add or update, modify condition and/or terms of validity to such Font File, besides that, you clearly understand, and completely agree with this paragraph, then, you may use the Font Files therein subject to stipulations provided in this paragraph and foregoing Agreement. You may still be required to confirm your understanding and consent to all and part of the above terms before you use the Font Files therein provided under the Service in accordance with the above terms.
"WPS Docs" refers to the collaboration office service described in https://www.wps.com/wpsdocs, excluding WPS Docs for Enterprise which is defined below.
"WPS Docs for Enterprise" refers to the collaboration office service for enterprise described in https://www.wps.com/wpsdocs, and the use of which is preconditioned upon your agreement to Service Agreement on WPS Docs for Enterprise at https://www.wps.com/legal/ServiceAgreementonWPSDocsforEnterprise/.
II. Changes to this Agreement & to the Service
You understand and acknowledge that WPS Office may update, modify or revise this Agreement from time to time, including but not limited to as a result of changes in applicable law or regulation, and the actual needs of our business operations. After any such modification is made, WPS Office will use commercially reasonable efforts to inform you of such changes (e.g. via a notice posted to the Website, a message provided through the Service, etc.). However, in some cases (e.g. modification made due to the requirements of applicable laws and regulation) WPS Office may require the modifications to the Agreement to take effect immediately. If you do not agree to any modifications of this Agreement by WPS Office, your sole remedy is to stop using any part or whole of the Service, otherwise your continued use of any part or whole of the Service after the modification will be a deemed acceptance by you of the entire modified contents of the Agreement. WPS Office hereby suggests that you visit https://www.wps.com/legal/OnlineServiceUserAgreement periodically to read the newest version of the Agreement, in order to know whether the Agreement has been modified and what has been modified. Except the modification by WPS Office mentioned above, any other modification to this Agreement by you shall be deemed to be void, unless otherwise expressly specified in a written agreement between you and WPS Office on the modification of the Agreement. For this purpose and for the sake of clarity, emails or other communications shall not constitute any valid written agreements for the purposes of any purported modification of this Agreement by you.
Resources acquired by your use of any Specific Service included in the Service (including but not limited to the font library and fonts herein acquired via your use of the Online Font Service) can only be used by you in accordance with the Agreement as well as the pertinent agreements, business rules, etc. attached to the Specific Services included in the Service.WPS Office reserves the right to terminate your authorization of using any part or whole of such resources via notice, even if you have acquired and paid for such resources/or you have downloaded such resources to the local storage space and/or have revised such resources and formed them into any new work. Once WPS Office has sent the notice terminating the authorization you have acquired to use any part or whole of such resources, you shall no longer use any part or whole of such resources in whatever means (including but not limited to the use of any part or whole of such resources stored in the local storage space, or use of new work formed based on any part or whole of such resources, or use of any tangible or intangible components containing any part or whole of such resources) and WPS Office has no obligation to refund any fee (if any) that you have paid therefor.
III. Service Fees
You understand and acknowledge that you must pay to WPS Office the applicable service fee for the chargeable part of the Service..You shall understand and acknowledge that each way of charging fees is formulated and adopted by WPS Office in accordance with availability of the Service, and you can only use the part of the Service for which you have paid the applicable service fee(s) to WPS Office in accordance with a specific way of charging as specified by WPS Office, and you have no right to use the other part or whole of the Service for which you have not paid the applicable service fees under the applicable way of charging.
Many Specific Services included in the Service are chargeable, i.e. they are provided on a pay-for/subscription basis. If you choose to use any chargeable Specific Service, you must abide by any related agreements or business rules and agree statements published by WPS Office regarding such Specific Service on the website (https://www.wps.com or WPS Office Software. You shall understand that the service fee you have paid to WPS Office does not include your costs of accessing the Service via the Internet (including your computers, software, hardware and telecommunication costs).
WPS Office may change and adjust pricing and payment methods for chargeable Specific Services when actual conditions make it necessary to do so, and may also begin to charge fees for previously free Specific Services. In the event of such changes, adjustments or introduction of fees, WPS Office will post a notice or announcement in the pertinent service page via the website and/or such other communication method as determined by WPS Office. If you do not agree to any of the above-mentioned changes, adjustments or new fees, your sole remedy is to stop using such Specific Services.
Auto-Renewal Service is out of your need for automatic renewal, to avoid any possible losses to you because of your failure to renew your subscription for a Specific Service. Your subscription for a Specific Service will automatically apply the Auto-Renewal Service except such subscription is not applicable to Auto-Renewal Service by its nature or as determined by us. Auto-Renewal Service is limited to be used on the platform or client-side of the Specific Service that you have accessed to via the Auto-Renewal Service.
- 4.1 By subscribing a Specific Service which applies the Auto-Renewal Service, you irrevocably authorize WPS Office to collect the service fee for the next unpaid billing period from your own payment account of the Service, third-party payment account, bank card account, phone account(hereinafter collectively referred to as " Payment Account"), with which your WPS Office Online Service Account are bound. Billing period can be a few months or other time spans, if WPS Office provide different billing period options, then you may make a chose at your initial subscription.
- 4.2 The Auto-Renewal refers to that, subject to stipulations in above paragraphs, WPS Office collects service fees for the next unpaid billing period from your Payment Accounts and record such fee into your payment history, then accordingly renew a period of subscription equivalent to the just paid billing period of the Specific Service that you have subscribed.
- 4.3 WPS Office will provide the following payment channels including but not limited to: collection by telecommunication operators, credit card, debit card, Paypal and other payment channels that WPS Office will access in future, whice are subject to those available displayed on the payment page when you pay, so that you can entrust WPS Office or a third party entrusted by WPS Office to collect service fees through an appropriate payment method when the Auto-Renewal Service apply. You accept and agree that you shall periodically pay attention to your Payment Accounts and make sure that there is sufficient balance in the Payment Accounts for Auto-Renewal. In the case that the Auto-renewal Service fails for reasons such as, including but not limited to, insufficient balance, balance insufficient for you to choose multiple services, WPS Office reserves rights to, without prior notification, suspend Specific Service you have subscribed which apply the Auto-renewal Service, and continually to collect fee until successful collection or your cancellation of such subscription.
- 4.4 In the case that any error occurs during such service fee collection, you shall closely cooperate with WPS Office to find out the cause, and each party shall assume the responsibility for the loss caused by its own faults. As for the losses caused by unequal faults between the Parties, each party shall assume responsibilities proportional to their faults. Where both parties are jointly responsible, the responsibilities shall be equally borne by both parties.
- 4.5 You have the rights to choose whether to cancel subscription for a Specific Service which apply Auto-Renewal Service or not. If you choose not to cancel, it will be deemed that you have allowed WPS Office to irregularly make attempts of fee collection based on certain rules aforementioned. Once such collection succeeds, WPS Office will provide the Specific Service for you for the next billing period. WPS Office hereby reminds you of paying attention to the deadline of each billing period. If you do not want to use the Specific Service in the next billing period, you must terminate the Specific Service at least within 24 hours before the expiry of on-going billing period, however, WPS Office is not obligated to remind you before the deadline of each billing period and asking you to determine whether you want to continue using the Specific Service. Detailed termination steps please refers to instructions in the related WPS Office Software and our Website: https://help.wps.com/ .
- 4.6 Where service price for a Specific Service you have subscribed which applies the Auto-Renewal Service have been adjusted on/prior to the date of Auto-Renewal, the then effective price shall prevail. In the event that the price is higher than before, a notice shall serviced to you to inform such change.
- 4.7 WPS Office currently does not charge you for providing of the Auto-Renewal Service, however, WPS Office reserves the right to determine whether to charge for it or adjust the Auto-Renewal period and corresponding service fee duly in such adjusted Auto-Renewal period based on business necessity, market fluctuations, etc.
- 4.8 The Auto-Renewal Service shall become effective from the date when you subscribe a Specific Service which applies the Auto-Renewal Service to the date when you terminate (including voluntary termination or involuntary termination due to your violation of relevant agreements, rules, etc.) the Auto-Renewal Service or all the Specific Services that you have subscribed. Subject to other provisions of this Agreement, WPS Office has the rights to terminate the Auto-Renewal Service whether the fee collection of next billing period has been made or not.
- 4.9 The instruction on Auto-Renewal of service fee collection entrusted by you to WPS Office or a third party entrusted by WPS Office shall still remain valid before you choose to terminate the Specific Service.
- WPS Product Refund Regulation
- 5.1 The refund regulation for license of products that need use activation code to activate the license ( such as, WPS business edition life time license, WPS PDF to Word Converter and WPS Data Recovery Master etc..）.- Full refund is acceptable within 30 days after purchasing.- No refund is accepted if the purchasing for activation codes is beyond 30 days.
- 5.2 The refund regulation for subscription service ( Refers to service purchased for certain period or certain times of certain use rights after logging into a WPS Office Online Service Account, and such service can only be available when logging into the said Account during the period of such subscription, like subscription of WPS Premium or when there is un-consumed times of such service, like certain PDF tool, or other subscription services or products).
- 5.2.1 Payments are non-refundable for subscription service. There is no refund for any part or all of subscription period or times whether it is used or not. As for subscription applying Auto-Renewal Service, you can cancel at any time to stop future charges for next unpaid billing period, following any cancellation, you will continue to have access to the applicable services through the end of your current subscription period.
- 5.2.2 However, due to quality issue (such as system bug, discrepancy between our promise and actual situation, or early termination of any subscription service by us.), or third party suppliers’ issue (such as termination or modification of WPS Office’s agreement with such third party suppliers.), or required by law, we may provide part or all of the refund at our sole and absolute discretion. In such case, WPS Office shall allow 30 business days for the user to apply for a refund. The user recognizes the validity of the above-mentioned deadline and will conduct refunding procedures according to any specific policies as published by WPS Office before the deadline for refunds expires. If the user fails to deliver the application for a refund to the address specified by WPS Office in accordance with any specific refund policies issued by WPS Office before the deadline for such an application expires, it will be understood that the user has given up its right to the refund and that WPS Office is entitled to refuse handling any further applications for a refund of any remaining fees for any Specific Services purchased but yet to be used by the user. The refund policy mentioned in this clause shall be applicable only to any chargeable Specific Service already purchased but yet to be used by the user. If any paid Specific Service is terminated for any other reason (including but not limited to voluntary canceling service by the user, or cancellation of the Service in part or in whole by WPS Office due to the user's violation of relevant regulations issued by WPS Office), WPS Office is not obligated to refund any service fee to the user. EXCEPT AS EXPRESSLY SET FORTH ABOVE PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
- 5.3 Subscription Cancellations:The steps to cancel your subscription will vary based on your payment method. In Google play, for example,You can visit https://support.google.com/googleplay/answer/7018481 for unsubscription assistance.To avoid any charges, you must cancel at least 5 days before the expiration of the free trial period or the current billing period.We shall not be responsible for any loss caused by failure to cancel the subscription in time.
- 5.4 If you do not agree to any of independent agreements, rules, etc. (if any) attached to and specially applied to any sub service under the Service, you have no right to use the sub service, even if you have accepted this Agreement and have fully paid the required service fee, and under such a circumstance, WPS Office is not obligated to refund to you any such service fee.
IV. Initiation, Suspension, Termination and Transfer of the Service
- The initiation of the Service
- 1.1 The Service only allows you to login with your WPS Office Online Service account. After you have given your consent to all stipulations in this Agreement and related agreements or business rules and statements (if any) as specified by WPS Office, you may use your WPS Office Online Service account to access the Service, and become a legitimate user of the Service. If you access the Service with more than one of your WPS Office Online Service account in actuality you have obtained more than one WPS Online Service account. These accounts will be separate from one another and no transference of information between them is possible. If you add funds to one of these accounts or pay for any Specific Service for a single account for which said Specific Service is then enabled, your other account(s) will be unable to use any of the funds in this account or make use of the chargeable Specific Service enabled under this account.
- 1.2 Any use of a partner account is subject to such partner and you being responsible for ensuring the validity, accuracy, security and availability of the partner account, and WPS Office shall not be liable for any failure to log into and use the Service through the partner account, for any unauthorized use of the partner account ID, the password or any of your data or other information. WPS Office shall not be responsible for safeguarding partner account information as used by the user for accessing the Service and shall not provide any password recovery service. If you lose your account ID or password, or if your partner account is lost or stolen, you may attempt to recover your account information through the assistance services designated by the partner. WPS Office shall not be in any way liable for your inability to use any paid Specific Service due to your loss of the partner account ID or password. If the partner providing the account you use to access the Service is no longer authorized by WPS Office, WPS Office will make all reasonable efforts to notify you in advance of such a situation and to provide you with guidance as to how to migrate the Service to your other existing WPS Office WPS Accounts or any of your other partner accounts (if any), or re-open a WPS Office WPS Account for you. Failure to migrate your partner account may result in a cancellation of your account(s) by WPS Office and WPS Office shall not be obligated to refund any service fees (if any) which you have paid to WPS Office for obtaining any chargeable Specific Service.
- The suspension of the Service
2.1 WPS Office may conduct scheduled or non-scheduled maintenance, including but not limited to maintenance of the website https://www.wps.com from time to time. You understand that this may cause disruption of the Service. WPS Office will make all reasonable efforts to notify you in advance of such maintenance work, and make every effort to avoid disruption of the Service or reduce downtime to a minimum. WPS office shall not be liable for any inconvenience or losses resulting from such scheduled or unscheduled maintenance work.
2.2. WPS Office may suspend or discontinue the Service under this Agreement and shall not be liable to you or any third party in any manner for any liability, damages, inconvenience or otherwise resulting from such circumstances:
2.2.1. In case of regular inspection, installation, software or hardware updates;
2.2.2. Server damage or failure;
2.2.3. Accidental failure of software or hardware (including any electronic devices);
2.2.4. Network provider communication malfunction or other failure;
2.2.5. Protection of national security or safety of any third party in the event of emergency circumstances;
2.2.6. Force Majeure (defined below) and any other cause from a third party;
2.2.7. If WPS Office suspects that any user behavior (including yours) may violate the law or endanger the legitimate interests of a third party, or result in any liability of WPS Office; or WPS Office has received any complaint of infringement of intellectual property rights from a third party.
- The termination of the Service
3.1. The user may contact the Customer service for canceling the Service (with the timeline for such cancellations taking effect as set forth in the applicable documentation set forth in the website). Once the Service is successfully canceled, all of your data related to the Service will be automatically and immediately become unaccessible. WPS Office strongly recommends that you back up all of your data before canceling service. WPS Office reserves the right to refuse to provide you with any data recovery service after you have canceled the Service.
3.2. We may terminate or restrict your use of the Service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any portion of this Agreement or (ii) engaged in illegal or improper use of, or access to the Service. If the Service is canceled by WPS Office due to the foregoing, all your data relating to the Service shall be deleted and WPS Office shall reserve the right to refuse to provide you with any data recovery service.
3.3. For the users who don't pay or subscribe for the Service including the right to use the WPS Cloud Service, WPS Office will offer a certain storage capacity for WPS Cloud Service for free of charge. For subscribers of WPS Office Premium Service including the right to use the WPS Cloud Service, WPS Office will offer more storage capacity for WPS Cloud Service. To make better use of storage capacity resources, if you have not logged in to the WPS Office Online Service Account or have not used the Service for an extended period of time, WPS Office reserves the right to notify you in a reasonable manner and to delete files stored in your WPS Office Online Service Account. If you have subscribed to the Service, but there is no renewal of relative subscription which include the right to use the WPS Cloud Service in time, your cloud space storage capacity will restore to a certain free storage capacity, though the documents stored in the cloud cpace will not be deleted immediately, but if they are reedited / updated, then they will not be uploaded to the cloud space again because the membership expires, and WPS Office reserves the rights to delete them from the cloud server of WPS Office. They cannot be recovered once deleted. You can log in to your WPS Office Online Service Account to keep your files from not being deleted.
3.4. In addition to the above-mentioned circumstances, the user agrees that WPS Office may suspend or terminate the Service in part or in whole by providing an advance notification of at least thirty (30) days via the website (https://www.wps.com). User acknowledges and agrees that WPS Office shall not be liable for any direct, indirect, consequential or other damages that result from WPS Office's exercise of the foregoing and the user hereby expressly waives any claim against WPS Office for any responsibility due to any loss resulting from such suspension or termination of the Service.
- Limitation of the Service
4.1 Anything to the contrary herein notwithstanding, the Service is only available for your own use, and you shall not partially or wholly transfer, assign, re-license or sub-license any part or whole of the Service to any other party in any manner. You accept and agree that, you shall neither use the Service in any fields out of the scope of the WPS Office Online Service, nor perform any direct or indirect behaviors of commercializing any part or whole of the Service (including but not limited to: re-sale, sale, equivalent replacement, etc.). If you involve in the aforesaid behaviors, WPS Office may terminate or suspend your use of the Service without any compensation to you, and WPS Office reserves the right to further claim for compensation for the losses occurred to WPS Office by your behaviors.
4.2 You shall not make use of the accounts, points, Coins, etc. of the WPS Office Online Service by means of re-sale, replacement, leasing, lending, sublicensing, transferring etc., and WPS Office reserves the right to deal with any such improper usage by any means in WPS Office’s sole discretion, including but not limited to: freezing points or Coins, deducting points or Coins, resetting points or Coins, and banning accounts.
4.3 You understand and acknowledge that the Service may set limits on number of simultaneous online devices and/or other restrictions concerning multiple logins or usage to ensure only yourself can use the Service through your WPS Office Online Service Account, and in the event that you have exceeded any such limit or restriction, WPS Office reserves the right to terminate, modify or ban your account or take such other actions as WPS Office determines in its sole discretion. Please refer to the any terms and conditions provided through the Service, including prompts shown when you use the Service, for the applicable limits of equipment type, logins allowed, usage restrictions, etc. to which you are subject to.
4.4 Geographic limitations. WPS Office Online Service thereunder may ONLY be utilized outside of Chinese Mainland. Please note that the WPS Office Online Service Account specified in this Agreement or any other applicable WPS Office Agreements can only be used to log into and use the Service provided to the users outside Chinese Mainland, and you have no right to log into and use the Service provided by the affiliated companies of WPS Office and/or by any third party partners in collaboration with WPS Office and its affiliated companies to the users in the Chinese Mainland; on the other hand, the WPS account and QQ account, Wechat account, Sina Microblog account and MI account registered from Chinese Mainland can only be used by you to log into and use the Service provided by the affiliated companies of WPS Office and/or by any third party partners in collaboration with WPS Office and its affiliated companies to the users in Chinese Mainland, and you have no right to log in and use such service outside Chinese Mainland. WPS Office or its affiliated companies have the right to independently determine whether you are a user in the Chinese Mainland via the IP address, equipment identifier, etc. shown during your login or use of the Service.
4.5 When using the Service via the Website of the Service, you shall not: perform any behavior that may impose any unreasonable load or interference with the operation of the Website of the Service or the Service(including any network accessed in accordance therewith); upload, display, copy, issue, spread or transfer in other means any illegal or infringing information and data via the Website of the Service or the Service.
4.6 The export or use of this Service shall be in accordance with all applicable laws and regulations, which include various restrictions on destinations, end users and end usage.
- The user acknowledges that when providing the Service to the user, WPS Office may display advertisements or promotional offers for any products/services of WPS Office itself or of a third party.
- WPS Office may change the method, mode or scale of displaying such advertisements and promotional offers in the Service without giving prior special notification to the user.
- The user shall acknowledge that the content presented to the user as a part of the Service, including but not limited to the advertisements in the Service and sponsored content of the Service, are the intellectual property of WPS Office and/or its licensor and are protected by intellectual property laws. The user shall not modify, revise, lease, rent, sell or distribute any such content (in part or in whole) or create any derivative work based on such content unless expressly authorized or agreed by WPS Office or its licensor to do so in pertinent agreements.
- Any of your communication or commercial exchanges with advertiser, or promotion activities you joined or accessed with respect to the advertisements displayed in the Service, including the payment and delivery of pertinent products or services, as well as the terms and conditions, guarantees or statements with respect to the aforesaid transactions shall be fully deemed to solely be an interaction between you and said aforesaid advertiser,and therefore WPS Office assumes no obligations with respect to such advertiser. In addition to and not in limitation of the provisions set forth herein, you agree that any losses or damages of any nature resulting from any aforesaid transactions or advertiser involved in the advertisement displayed in the Service shall not be assumed by WPS Office. WPS Office is not responsible for any transactions between you and any advertiser or content provider accessed through the Service.
- During logging into the Service, depending on your subscription and your device, relating access provided by us, it enable you accessible to more ample features and functions of and around WPS Office Software,subject to end user license agreements of certain WPS Office Software related. Inexhaustive examples of WPS Office Software: End User License Agreement for WPS Office(including for Windows, WPS Office for Mac, WPS Office for Android, WPS Office for iOS, WPS Office for Linux), End User License Agreement for WPS PDF, End User License Agreement for WPS Fill & Sign, PDF Converter, End User License Agreement for PDF Reader Pro, End User License Agreement For PDF Converter, Terms of Service.User License Agreement for WPS PDF, End User License Agreement for WPS Fill & Sign, PDF Converter, End User License Agreement for PDF Pro, End User License Agreement For PDF Converter.
- Some of Specific Services can only be used on certain WPS Office Software, under such circumstance, you can only install and use the WPS Office Software after you have been granted the legal authorization within the scope of the authorization, and you may need to pay extra fee in order to obtain such legal authorization. You understand that, even if you have paid for the use of any part or whole of the Service, your payment does not include any fees (if any) required for you to gain such legal authorization.
- WPS Office may update the WPS Office Software from time to time. You are responsible for updating any downloaded WPS Office Software or related software to the latest versions. WPS Office may refuse you logging into the Service through any version other than the latest version of WPS Office Software, and make you logged out the Service when the version you use is not the latest version.
- Besides logging into the Service via WPS Office Software, the user may also log into the Service through WPS Office websites currently via https://www.wps.com (hereinafter referred to as the "Service Website"). Subject to other provisions of this Agreement, the Service Website provides pertinent services in accordance with your orders (including but not limited to the operation directly made by you on the Service Website, or the operation made by you to the WPS Office Software on the premise of using the account and password of WPS Office Online Service).
- When using the Service via the Service Website, the user may not: use the Service Website or the Service for anything which may have a negative impact on proper operation of the Internet or the mobile network; use the Service Website or the Service to upload, display, copy, release, distribute or transfer in any other manner any illegal or immoral content.
- The material in this site could include technical inaccuracies or typographical errors. Certain information provided is subject to change. Neither WPS Office nor any of its providers guarantee the accuracy, correctness, completeness, or timeliness of the services, programs, data, or other information furnished via the Service Website.
IX. Content; DMCA
The user (rather than WPS Office) is solely responsible for any content uploaded, released, stored or shared by the user via the Service. WPS Office does not guarantee the correctness, legitimacy, security, integrity, or quality of such content.
WPS Office is not required to monitor any user's content however if WPS Office believes that any user's use of the Service is in violation of any law or is notified by a third party that the user has infringed upon its legal interests during the use of the Service, or the user engages in any action that is included in but not limited to the following actions under this article, WPS Office may suspend or terminate the user’s right to use the Service in part or in whole, even in the event that the legal agency having jurisdiction may determine such content did not violate the law or infringe on any legal interest of the third party.
Any content uploaded, released, stored or shared by the user via the Service must not:
- 3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- 3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- 3.3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party.
- 3.4. Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws.
- 3.5. Promote any illegal activity, or advocate, promote or assist any unlawful act.
- 3.6. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- 3.7. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- 3.8. Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity.
- We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from the Service by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C.§512)("DMCA").
Our designated Copyright Agent to receive DMCA Notices is:
WPS Software Pte. Ltd.
Attn: Legal Department
Address: 6 RAFFLES QUAY #14-06 SINGAPORE (048580)
- Please be aware that if you knowingly misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and legal fees).
X. Disclaimers; Indemnification; Force Majeure
- THE MATERIALS, INFORMATION, AND SERVICES PROVIDED AS PART OF THE SERVICE (INCLUDING THE SERVICE WEBSITE) ARE PROVIDED "AS IS" , WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT, QUALITY, ACCURACY OR TITLE. USE OF THE SERVICE WEBSITE AND THE SERVICES ARE AT YOUR SOLE RISK , AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE ALSO DO NOT GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGULATION, NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PROPERTY DESTROYED, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, BREAKDOWN OR FAILURE OF ANY DEVICE, LOSS OF BUSINESS INFORMATION, DAMAGES FOR NEGLIGENCE, OR DAMAGES FOR MONETARY LOSS OR ANY OTHER LOSSES REGARDLESS OF WHETHER OR NOT SUCH DAMAGES RESULTING FROM PRIVACY OR SECURITY BREACH OF THE SERVICE, THE FAILURE TO FULFILL ANY RESPONSIBILITIES INCLUDING GOOD FAITH OR DUE DILIGENCE) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SERVICE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AS PART OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY (INCLUDING THE LIABLITY OF ALL OF OUR AFFILIATES) SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
- To the maximum extent permitted by law, in no event shall WPS Office or its providers be liable to you or pay any damages to you under this Agreement in excess in the fees paid by you to WPS Office for the specific portion of the Service giving rise to the liability in the three (3) months prior to the act giving rise to the liability. In addition, WPS Office will not be liable for any claim or damage arising from the content provided by you or a third party and utilized via the Service or any other content related thereto.
- NEITHER WE NOR ANY OF OUR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SERVICE.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. therefore, some of the above limitations in this section may not apply to you.
- Nothing in this agreement shall affect any non-waivable statutory rights that apply to you. if any provision of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- You may not resell or transfer the Service in any manner, or lease or rent the Service to anyone else. Any use beyond the scope of the above authorization will be considered illegitimate and illegal, and WPS Office reserves the right to pursue any such illegitimate user for legal liabilities, including but not limited to civil liabilities, administrative liabilities and criminal liabilities.
- in the event that you violate any provisions of this Agreement, any other WPS Office agreements or statements applicable to the Service, and/or any other agreement between you and WPS Office, WPS Office reserves the right to ask you to correct your behaviors or directly take corresponding actions including but not limited to (a) shield, correct or cancel the pertinent contents stored under the Service; (b) stop providing service for you, and/or (c) terminate the part or whole of the Service available to you. WPS Office undertakes no obligation to retain your pertinent contents stored in the Service, or transfer said contents to you or any third party specified by you. Any penalty, investigation, litigation, claim for compensation or demands that may be incurred or imposed by your acts or omissions, or any losses resulting from them shall be solely assumed by you at your own expense, and any resulting responsibilities shall also be independently undertaken by you.
- You shall indemnify, defend and hold us and our affiliates, and our and our affiliates' employees, contractors, officers, and directors, harmless from and against any and all claims, liabilities, claims, and losses (including direct and indirect losses and damages however characterized) and all expenses therefrom (including legal cost, appraisal fee, and attorneys' fees, other third-party professional agencies, etc.) where liabilities, damages (actual or indirect), losses and expenses (including legal and other disciplinary fees) are incurred by WPS Office, arising out of your use of the Service, your breach of this Agreement or any other WPS Office agreements or statements applicable to the Service, and/or any other agreement between you and WPS Office or any other actions or omissions in connection with your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. In the event of such claims, WPS Office will send you the notification on such claims, litigations and actions according to your contact information in your account. Even if you fail to receive such notification, your indemnification obligations hereunder shall not be eliminated or mitigated thereby. If the Service is terminated due to your violation of the Agreement or any other WPS Office agreements applicable to the Service, and/or any other agreement between you and WPS Office, any service fee already is paid by will not be refunded.
- FORCE MAJEURE.WPS Office shall not be liable for any failure or delay in providing any Specific Service hereunder if such failure or delay is due to an act of God, fire, casualty, flood, war, terrorism, strike, lockout, labor trouble, failure of public utilities, facility shutdown, injunction, epidemic, riot, insurrection or any other circumstances beyond the reasonable control of WPS Office which prevents or delays performance by WPS Office under this Agreement.
- All notices to the user will be delivered via email, online post or through website (https://www.wps.com announcement. User shall be notified of other important matters in the same manner.
- Notifications will be considered to have been duly given to intended recipients on the date sent or announced. WPS Office shall not be liable for any special reason leading to the failure of the email address you provide to receive notices sent by WPS Office (including but not limited to invalid email addresses provided by the user, user-enabled email filters or blocks, etc.).
- The user may contact WPS Office regarding any comments or suggestions relating to any part of the Service or this Agreement. Visit https://www.wps.com for information on contacting Customer service.
- The English version is the official version of this Agreement, and other language versions (if any) of this Agreement are just for your reference. Should there be any discrepancy between English version and version of any other language, the English version shall prevail.
- You may not transfer this Agreement or your rights under this Agreement without the prior written consent of WPS Office, and any such practices or attempts without the prior written consent of WPS Office shall be invalid. The Agreement is made and concluded out of your and WPS Office's interests. Except for permitted assigns and successors, the Agreement is not made and concluded for the benefit of any other party.
- Except as otherwise provided in this Agreement, the exercise by any party of its remedies under this Agreement shall not prejudice any other remedies which may be available pursuant to this Agreement or otherwise.
- If any provision of this Agreement is held to be unenforceable or invalid, it will be executed to the fullest extent possible, whilst the other provisions shall continue in effect.
- This Agreement constitutes the entire and exclusive understanding and Agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings or communications relating to this subject either in oral or written form, unless you and WPS Office have signed a separate Agreement.
XIII. Governing Laws and Settlement of Disputes
- This Agreement will be governed by the laws of Hong Kong Special Administrative Region, without reference to any rules or principles regarding the conflict of laws. The United Nations Convention on Contracts of International Sales of Goods also does not apply to this Agreement.
- You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Service or this Agreement, shall be determined by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this Agreement, the laws of Hong Kong Special Administrative Region, without regard to or application of the conflict of law rules or principles, governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your subscription.
- You and we agree that any dispute, claim or controversy arising out of or relating in any way to this Agreement, shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration which shall be conducted in accordance with the HKIAC's arbitration rules in effect at the time of applying for arbitration.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Do not hesitate to contact WPS Office at the following email address if you have any questions or suggestion on any part of the Service or this Agreement：