Last updated: July 21, 2024
Introduction
Welcome to Shaker Platform (hereinafter referred to as “Shaker “). Shaker is provided and controlled by Shenzhen Shengxuan Network Technology Co., Ltd.. We respect and protect the personal information and privacy of all Shaker users in accordance with the applicable privacy laws worldwide.
To provide you with more accurate and personalized services as well as a more secure Internet environment, we have defined our principles for the collection/use/provision of your personal information in accordance with international and relevant local laws, regulations and technical specifications, and further elaborated your rights related to your personal information.
This policy is closely related to your use of our products or services. When you download, install, start, browse, register, log in or use our products or services (hereinafter collectively referred to as “using our products and services”), we will process and protect your personal information in accordance with this policy. We try our best to explain to you the technical terms covered by this policy in a clear and concise manner so that you can understand them. We have used bold font to distinguish the terms in this policy that are (possibly) significantly related to your rights and interests. Please read them carefully.
In particular, we would like to draw the attention of underage users (especially children under the age of 13) and their guardians. We have specified a special section on the protection of underage users (in bold). Please read it carefully.
Please carefully read and fully understand this policy before using/continuing to use our products and services, and make appropriate choices in accordance with the guidelines set out in this policy when necessary. If you do not agree with the content of this policy, it may cause our products or services to fail to function properly, or fail to achieve the intended effect of our services. You should immediately stop accessing/using our products and services. By using or continuing to use the products and services provided by us, you fully understand and agree to the entire content of Shaker User Privacy Policy (including the updated version).
About Us
This policy sets out the basis for our handling of any personal data collected from you or provided to us by you. If you have any other questions about how we use your personal data, please contact us at liu@xunmengd.com.
Our mailing address: A701-11, Building 1, Shenzhen Software Industry Base, No. 81, 83 and 85 Gaoxin South 10th Road, Binhai Community, Yuehai Street, Nanshan District, Shenzhen
Table of Contents
To improve the readability and user-friendly interaction of the privacy policy, we present it through the table of contents. You can click the table of contents to jump directly to the section you are interested in.
· 1. How do we collect and use your personal information
· 2. How do we share, transfer and publicly disclose your personal information
· 3. How do we store and protect your personal information
· 4. How do you manage your personal information
· 5. How do you delete your account
· 6. Special instructions for the use of third-party products and/or services
· 7. How do we use cookies and other similar technologies
· 8. Special terms for jurisdictions
· 9. Protection of underage users
· 10. How do we update our privacy policy
· 11. How to contact us
· 12. Miscellaneous
1. How do we collect and use your personal information
We will follow the principles of what is rightful, legal and necessary to collect and use the personal information that you voluntarily provide in the process of using our services or that is generated as a result of using our products and/or services for the following purposes as stated in this policy. If we want to use your personal information for other purposes not specified in this policy, or use the information we have collected for other purposes based on a particular purpose, we will notify you in a reasonable manner and seek your consent again before using it. In addition, we will control the read frequency within a reasonable range.
Registration and login
1.1 When you use your mobile phone number to register and log in, we will collect your [mobile phone number and mobile phone operator information] so as to provide you with login service.
1.2 When you register Shaker with a third-party account (such as Google, facebook, Apple ID), you need to authorize us to read the public information (nickname, avatar , token ) you registered with the third-party account. The third-party platform’s handling of your personal information will be governed by the third-party’s privacy policy.
1.3 You can also choose to fill in or change your information according to your own needs, but if you do not provide such information, it will not affect your use of the product and related services (except for the user name, which is required for registration).
1.4 If you have successfully registered your Shaker account, we will display your personal information in the app.
When you use platform services
2.1 We will automatically collect data from you, i.e. your Open ID, IP address, Open device information code, Open device information series ID, Android ID, registration time, login time and records about your use of the services, such as the date and timestamp of the operation. We also collect and store your data below:
2.1.1 The data you voluntarily provide to us when setting your nickname, profile picture, age, gender and country in the app;
2.1.2 Every time you interact with us, for example, when you chat with us using the in-app feedback or customer service function;
2.1.3 If you use our chat services, we will process and transmit such data through end-to-end encryption so that your messages can be safely passed on to other users; Unless the user receiving your message or you are not online, we will not store the information generated when you use our chat services. After the offline message is received or the message is not received for more than 90 days, we will delete the temporary message;
2.1.4 If you make any transaction through Google Play or iOS App Store and other third parties, we will collect information to facilitate your transaction and maintain transaction records (including Open ID and user information fees, currency, purchased products, purchase history, IP address, transaction details as well as device details, such as operating system version, mobile phone model or device type, and Internet connection);
2.1.5 If you contact our support team to deal with the problem such as program errors, we will collect some information, including name, OpenID, device ID, app version, battery power, WiFi intensity, available space in device, network type, operating system version, browser type, platform, operator, country/area code, coupon details, e-mail address and any information you provide in the message. You can also choose to provide photos to illustrate any errors;
2.1.6 If you need to share the content in the app with other apps, we will read the content you want to share and make a request in the form of a broadcast, and a list of apps that can receive the content will pop up for you to choose from.
2.2 Safe operation. To ensure the safe operation of the software and services, we will collect your device model, device name, Android ID , language Settings, operating system version, app version, login IP address, network access method, network quality data, mobile network information (including operator name), and product version number. To protect your account from malicious use by other users, please understand that we will dynamically detect whether there is abnormal login in your account. Every time you switch or restart the app, we may read the information of your device ID again, and we will control the read frequency within a reasonable range.
2.3 When you use platform services, our security and anti-cheating security functions will (i) analyze user device status to identify security risks and cheating; (ii) detect whether your username, bio, profile photo, or chat messages contains malicious information.
2.4 Customer service and after-sales service functions. When you contact our customer service staff or apply for after-sales service of our products and/or services, for the security of your account and system, we may require you to provide relevant personal information to match the personal information you previously provided, so as to verify your user identity. After successful verification, we may collect the information when you chat with us (account information, order information, and picture/video/text information and relevant information provided by you to prove relevant facts), your contact information, and records when you chat with us, including the online chat records and mobile phone recording, so as to solve the problem for you as soon as possible and improve our products and/or services. At the same time, we may contact you by phone, text message, system message and other relevant means to solve your problems arising in the process of using our products and services.
2.6 To ensure that you can maintain instant messaging with the background server when using the services of Shaker and that you can receive personalized content push in a timely manner, we will use a third-party push messaging service to generate an ID for you to identify the uniqueness of your device.
2.7 Summary of device permission invocation
During the process of providing services to you at Shaker , we may invoke some of your device permissions. You can choose to close some or all permissions in the device’s settings. The display mode and closing mode of permissions may be different in different devices. For details about how to invoke device permissions, please refer to the Device Permission Invocation List.
| Device permission | Service function | Description of functional scenarios | Whether it can be closed |
| Network access | Normal features | Read and update App content | Yes. App content cannot be read and updated in real time after it is closed, and the app cannot be used normally |
| Geographic location | Network environment detection & Adding location in posts | Users contact customer service staff to test the network environment & Add location in a post | Yes. It will only affect the corresponding function after it is closed, and will not affect other app functions |
| Media file storage | Stable operation of APP | Log information recording and information caching | Yes. It will only affect the corresponding function after it is closed, and will not affect other app functions |
| Microphone | Normal features | Voice messages/voice call | Yes. It will only affect the corresponding function after it is closed, and will not affect other app functions |
| Push | Send notifications | Push notifications | Yes. It will only affect the corresponding function after it is closed, and will not affect other app functions |
| Calendar | Normal features | Add events to calendar | Yes. It will only affect the corresponding function after it is closed, and will not affect other app functions |
| Bluetooth | Normal features | Use bluetooth earphones | Yes. It will only affect the corresponding function after it is closed, and will not affect other app functions |
| Read the in-app image | Normal features | As an IM picture message or an avatar/album image to be set | Yes. After it is turned off, it will only affect the corresponding function, and will not affect other app functions |
| Read in-app music files | Normal features | Background music in the voice room is streamed | Yes. After it is turned off, it will only affect the corresponding function, and will not affect other app functions |
2.8 To fulfill our legal obligations and, where necessary, to protect the public interest or protect the vital interests of users and others, we may use your data to help us prevent and respond to abuse, fraud, illegal activities and other potentially harmful content.
Exceptions to authorized consent
In accordance with relevant laws and regulations, we may collect and use some necessary personal information without your authorized consent under the following circumstances:
(1) Information related to our performance of obligations under laws and regulations;
(2) Information directly related to national security and national defense security;
(3) Information directly related to public security, public health and major public interests;
(4) Information directly related to criminal investigation, prosecution, trial and execution of judgment and related matters;
(5) Information that are hard to get your consent for the purpose of protecting your or other life, property and relevant major legal rights and interests;
(6) Your personal information that are disclosed by you to the public;
(7) Your personal information collected from legally and publicly disclosed information: from lawful news reports, government information disclosure and related channels;
(8) Information necessary under the online agreement or contract you have signed with the platform;
(9) Information necessary to maintain the safe and stable operation of our products and/or services: such information are used to detect and dispose of faults in the products or services and to deal with related problems;
(10) Other circumstances as provided for by laws and regulations.
2. How do we share, transfer and publicly disclose your personal information
Sharing:
We will not share your personal information with any other company, organization or individual unless one or more of the following circumstances exist:
(1) We have obtained your consent in advance;
(2) It is proposed by yourself;
(3) Necessary sharing with business partners:
You understand and be informed that, in order to provide you with more complete and high-quality products and services, we will authorize our business partners to provide you with some services. In such cases, we may share some of your personal information with our partners, so as to provide you with better customer service and user experience. Please note that we will only share your personal information for legal, legitimate, necessary, specific and explicit purposes and will only share your personal information as is necessary to provide our services. We will conduct security assessment and processing on the output form, flow and use of information data, so as to ensure data security. At the same time, we will carry out strict supervision and management to our partners. Once we find that they are handling your personal information in violation of the rules, we will terminate our cooperation with them with immediate effect and pursue legal responsibility against them.
Currently, our partners include the following types:
Cloud service providers: To provide services for global users, we choose cloud service providers with high-quality privacy protection and data security protection capabilities, such as Amazon.
Content audit service provider: To ensure that the content posted by users on the Internet information platform is safe and complies with the regulatory requirements of the local government, we may share the content information posted by you on the platform with the third-party content audit service providers entrusted by us;
Other business partners: Those who entrust us with promotion and advertising. You grant us the right to share the indirect user profiles formed by us using your relevant information collection with partners who entrust us to carry out promotion and advertising, so as to help them make advertising or decision-making suggestions, improve the effective touch rate of advertising, and further understand user needs. We promise that we will not share any personal information that can identify you without your consent.
Cooperative third-party SDK providers: When you use the functions provided by a third party in Shaker , we may access the Software Development Kit (SDK) provided by a third party to realize the relevant functions. We will restrict the SDK service providers through cooperation agreement. However, third-party SDK providers may collect your personal information. The aforementioned service providers’ collection and processing of information and other activities are subject to their own privacy terms, and do not apply to this policy. To ensure the maximum security of your information, we recommend that you review the privacy policy of any third-party SDK service before using it. To protect your legitimate rights and interests, if you find that there is a risk in this SDK or other similar apps, we suggest that you immediately stop the relevant operations and contact us in time.
Message push service: To provide you with message push, third-party push service providers may obtain your push SDK version number, necessary device information, mobile phone status information, geographic location information and network related information so as to push information you may be more interested in;
Please refer to Information Collection and Use of Third-Party SDKs for details.
(4) When you choose to participate in activities organized by us or our affiliates or third parties on the platform, you may be required to provide your name, gender, mailing address, contact information and bank account information. These are personal sensitive information. If you refuse to provide them, it may affect your participation in related activities, but it will not affect your use of other functions. We will only share these information with our affiliates or third parties with your consent, so as to ensure that you receive consistent services in experience during the activities.
(5) Necessary sharing with our affiliates: We may share your personal information with our affiliates. We will only share your necessary personal information, and such sharing is subject to the purposes stated in this policy. If our affiliates want to change the purpose of processing your personal information, we will seek your authorization and consent again;
(6) You may share your personal information or other information with third parties (including non-specific objects) based on the Shaker Platform. However, Shaker shall not be liable for the disclosure, use and other related situations of information caused by your sharing behavior.
Transfer:
Transfer is the transfer of control over your personal information to another company, organization or person. We will not transfer your personal information to any other company, organization or person unless we obtain your explicit consent. However, the following circumstances are excluded:
(1) We have obtained your consent in advance;
(2) It is proposed by yourself;
(3) If there is a merger, acquisition or bankruptcy liquidation of our company, it may involve the transfer of your personal information. In this case, we will inform you of the relevant situation and require the new company, organization and person holding your personal information to continue to be subject to this policy. Otherwise we will require it to obtain your explicit consent again.
(4) Other circumstances as provided for by laws and regulations.
Public disclosure:
Public disclosure is the act of releasing information to society or to a non-specific group of people. In principle, we will not voluntarily disclose your personal information to the public. However, the following circumstances are excluded:
(1) We will show necessary information (appropriate desensitization) when we announce the prize winner and penalty notice;
(2) We have obtained your explicit consent.
Exceptions to authorized consent of sharing, transferring and public disclosure of personal information
In accordance with relevant laws and regulations, we may share, transfer or publicly disclose your personal information without your prior authorized consent under the following circumstances:
(1) Information related to our performance of obligations under laws and regulations, including disclosure of your personal information to competent authorities as required by laws and mandatory requirements of judicial or administrative authorities; In such case, we will require the disclosure requester to present valid legal documents corresponding to its request, and to take security measures in accordance with laws and industry standards for the disclosed information;
(2) Information directly related to national security and national defense security;
(3) Information directly related to public security, public health and major public interests;
(4) Information directly related to criminal investigation, prosecution, trial and execution of judgment and related matters;
(5) Information that are hard to get your consent for the purpose of protecting your or other life, property and relevant major legal rights and interests;
(6) Your personal information that are disclosed by you to the public;
(7) Your personal information collected from legally and publicly disclosed information: from lawful news reports, government information disclosure and related channels;
(8) Other circumstances as provided for by laws and regulations.
Please understand that, in accordance with the current legal provisions and supervision requirements, we do not need to separately notify you and obtain your consent to share or transfer the personal information that has been de-identified, and to ensure that the recipient of the data cannot recover and re-identify the subject of personal information.
3. How do we store and protect your personal information
Storage:
Your personal information will be processed on servers that may not be in your place of residence. Our support, development and other teams around the world have access to your information from outside of your place of residence. No matter where our servers are located, we will take appropriate measures to protect your rights in accordance with this privacy policy.
Our servers used for platform services are located in: Frankfurt, Germany.
If your personal information is transmitted in different countries, we will separately inform you of the purpose and recipient of your personal information via system message or email, and we will obtain your authorized consent. We will strictly comply with the data protection laws and regulations of your country and ensure that the data recipient has adequate data protection capabilities to protect your personal information.
Storage time:
We undertake to store your personal information at all times within a reasonably necessary period as required by laws. After the above period, we will delete your personal information or anonymize your personal information. (The so-called “anonymization” refers to the process in which the subject of personal information cannot be identified and the processed information cannot be recovered through the technical processing of personal information. The information obtained after anonymization of personal information does not belong to personal information.)
If we cease operation, we will stop collecting your personal information in a timely manner, notify you of our cessation of operation in the form of one-by-one service or announcement, and delete or anonymize your personal information held by us.
Protection:
To ensure the security of your personal information, we will endeavor to take various security measures in accordance with industry standards to protect your personal information, so as to minimize the risk of your personal information being damaged, embezzled, revealed, accessed without authorization, disclosed and changed. We will actively establish data classification and grading systems, data security management standards and data security development standards to manage and regulate the storage and use of your personal information and ensure that no personal information unrelated to our services are collected.
Your account has security protection function. Please keep your account and password information properly. Shaker will ensure that your information is not lost, abused or altered by backing up to other servers, encrypting user passwords and other security measures. Despite the aforementioned security measures, please note that there is no “100% security measure” on the information network. In order to prevent security incidents, we have formulated a proper early warning mechanism and emergency response plan in accordance with laws and regulations. If a security incident does occur, we will inform you of the relevant situation in a timely manner by email, letter, call, push notification and other relevant methods. When it is difficult to inform the subject of personal information one by one, we will take a reasonable and effective way to release an announcement. At the same time, we will also take the initiative to report the handling of personal information security incidents in accordance with the requirements of regulatory authorities, and closely cooperate with the government and regulatory authorities.
4. How do you manage your personal information
We take very seriously and do our best to protect your rights related to your personal information. You may ask us to stop using part or all of your data and withdraw your consent.
You can choose not to receive your friend’s information and not to display your information to your friend through the blacklist function or by setting of a specific friend.
Scope of changing or withdrawing authorization
You can also change or withdraw GPS geographical location, contacts, camera, and album permissions via the device’s operating system. We will collect personal information according to your settings of changing or withdrawing permissions. If you withdraw the authorization, we will no longer collect your information related to these permissions, but please note that this will render some or all of the functions unavailable. At the same time, your decision to change or withdraw your authorization will not affect the processing of your personal information that we previously conducted based on your authorization.
Automatic decision-making of information system
In some service functions, we may make decisions based solely on non-manual automatic decision-making mechanisms such as information system and algorithm. If these decisions significantly affect your legitimate rights and interests, you have the right to ask us for an explanation, and we will also provide appropriate remedies to contact us for management.
For security and identification reasons, you may not be able to directly access, correct or delete some information through the interactive interface of Shaker ; If it is necessary for you to access, modify or request to delete such information according to laws, please send your questions to our designated email according to the contact information provided in Article 11 of this policy. We will review the problems involved as soon as possible and reply to you in time after verifying your user ID.
Obtaining copy of information
If you need to obtain a copy of your personal information on the platform, you may appeal to us according to the contact information provided in Article 11 of this policy, and we will reply to you in time after verifying your user ID. Please note that we currently only support providing files in csv and json formats.
5. How do you delete your account
You can delete your account within the app by tapping Settings – Delete Account; After the deletion of your account, your personal information will be removed from Shaker , except the personal information that must be retained by us as clearly stipulated by laws (such as the information related to your transactions in Shaker , and the data that should be retained as clearly stipulated by the government or laws).
Please refer to the Account Deletion Policy for details.
6. Special instructions for the use of third-party products and/or services
Shaker may include third-party products and/or services or information and/or services linked to third parties. Before using the third-party products and/or services, you need to jump to the corresponding applet or third-party page. Your use of such third-party services (including any personal information provided by you to such third party) is subject to the third party’s terms of service and privacy policy (but not this policy), and you need to read the terms carefully and decide whether to accept them at your sole discretion. Please protect your personal information properly and provide them to others only when necessary. This policy only applies to the information collected, stored, used, shared and disclosed by us, but does not apply to the services provided by any third party or the rules governing the use of information by any third party. The third party shall be solely responsible for the behavior of using your information.
7. How do we use cookies and other similar technologies
Use of cookies
(1) If you do not refuse to accept cookies, Shaker will set or access cookies on your relevant mobile device so that you can log in or use the services or functions of Shaker that rely on cookies. Shaker uses cookies to provide you with more thoughtful personalized services, including promotion services.
(2) You have the right to choose to accept or refuse to accept cookies. You can refuse to accept cookies by changing your browser settings or by setting it on your mobile device. However, if you choose to refuse to accept cookies, you may not be able to use the services or functions of Shaker that rely on cookies.
(3) This policy applies to the information obtained through cookies set in Shaker .
8. Special terms for jurisdictions
(1) Special information for California residents
These additional disclosures are the categories of personal information that are collected and disclosed for commercial purposes, as required by the California Consumer Privacy Act. Depending on how you interact with Shaker products, personal information that we may have collected or disclosed for commercial purposes during the past twelve months falls into the following categories as defined by the California Consumer Privacy Act:
Identifiers, such as your name, alias, address, mobile phone number, or IP address;
Personal information described in subsection (e) of section 1798.80 of the California Civil Code, such as credit card number;
If we conduct a user survey or analysis, then the features (such as age or gender) of the protected classification under California or U.S. federal law;
Business information, such as purchase activities;
Information on Internet or other electronic network activities, including content interaction information, such as content download, streaming and playback details;
Biometric information, such as your voice or appearance, for example, if you choose to participate in a presentation of a voice or image recognition service;
Geographic location data, such as the location of your device or computer, for example, if you have location services enabled to enhance your experience through the event app we provide;
Audio, visual, electronic or other similar information, including information when you communicate with us by telephone or other means;
Professional or employment-related information, such as business data that you may provide;
Inferred data, such as information about your preferences;
Your rights. Under the California Consumer Privacy Act, you may have the right to request us to provide information about the personal information you collect, or to access or delete your personal information. If you wish to perform any of the above operations, please contact us. Depending on your data selection, some of our services may be restricted or unavailable.
No personal information are sold. During the past twelve months, we have not sold any personal information of consumers, as these terms are defined under the California Consumer Privacy Act.
No discrimination. We do not discriminate against any consumer who exercises their rights under the California Consumer Privacy Act.
(2) The United Arab Emirates
In particular, we will comply with the requirements of the DIFC DP Law. If you use the platform in the United Arab Emirates (“UAE”), in addition to the above personal data processing requirements, we will also abide by the following terms:
In accordance with Article 39 of Part 6: Rights of Data Subjects of DIFC DP Law, you will not be discriminated against when using the platform services.
9. Protection of underage users
Underage users (especially children under the age of 13 (Please refer to the relevant part of the Terms of Service for the specific definition of underage users)) shall read the following terms carefully in the company of their guardians, and the guardians shall make a decision on whether to accept this policy after full understanding:
(1) Users who are minors under the age of 16 (especially children under the age of 13) shall read this Agreement and use the relevant services of Shaker under the supervision, guidance and consent of their guardians.
(2) We attach importance to the protection of personal information of underage users. When filling in personal information, underage users shall strengthen their awareness of personal protection and treat it with caution. Please use relevant services of Shaker correctly under the guidance of their guardians.
(3) We will ensure the confidentiality and security of underage users’ information in accordance with relevant laws and regulations and the terms of this policy. If we find ourselves collecting personal information from underage users without the prior consent of verifiable parents or legal guardians, we will delete the relevant data as soon as possible. If you are the guardian of an underage user, when you have any questions about the use of our services or the user information provided to us by the underage user under your guardianship, please contact us in time according to the contact information provided in Article 11 of this policy.
10. How do we update our privacy policy
We reserve the right to update or amend this policy from time to time. These updates and amendments will form part of this policy and have the same effect as this policy. Without your explicit consent, we will not diminish your rights under this policy as currently in effect.
In case of any update of this policy, we will notify you through APP client push notification or other relevant reasonable means, so that you can be informed of any changes made to this policy in a timely manner.
11. How to contact us
If you wish to make a complaint about how we handle your personal information, please contact us at liu@xunmengd.com and we will endeavour to process your request as soon as possible. This does not affect your right to file a claim against a data protection authority.
If you have any suggestions or questions about the protection of personal information, or you have any questions about this policy, you can contact us through the following ways. We will review the problems as soon as possible, and give a reply within 15 working days after verifying your user ID. For questions about this policy, please send your comments and requests to: Shenzhen Shengxuan Network Technology Co., Ltd.. Address: A701-11, Building 1, Shenzhen Software Industry Base, No. 81, 83 and 85 Gaoxin South 10th Road, Binhai Community, Yuehai Street, Nanshan District, Shenzhen , E-mail: liu@xunmengd.com.
12. Miscellaneous
(1) You have the right to file a complaint with the regulatory authority in charge of data protection. We attach great importance to the protection of users’ privacy. If you have any comments or suggestions about us, you can send them to us. We are very happy to communicate with you and address your concerns.
(2) If you have a dispute with us over privacy protection, you can find a way to resolve the dispute in the Terms of Service.
Last updated: September 23, 2022
1. Your Relationship with Us
Welcome to Shaker (the “Platform”) provided by Shenzhen Shengxuan Network Technology Co., Ltd. , whose registered office is located at A701-11, Building 1, Shenzhen Software Industry Base, No. 81, 83 and 85 Gaoxin South 10th Road, Binhai Community, Yuehai Street, Nanshan District, Shenzhen (such entities are collectively referred to as “Shaker”, “We” or “Us”).
You are reading the terms of service (the “Terms”), which govern your relationship with us and act as an agreement between you and us, and clarify your access to and use of the platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain services or service features (for example, but not limited to, the ability to submit or share user content (as defined below)) may be limited by age and does not apply to all service users. The services we provide are for private and not commercial use only. For purposes of these terms, “You” and “Your” refer to your identity as a user of the services.
These terms constitute a legally binding agreement between you and us. Please read them carefully.
2. Acceptance Term
By accessing or using our services, you confirm that you can enter into a binding contract with us and that you accept and agree to abide by these terms.
Your access to and use of our services is also governed by our Community Guidelines and Virtual Items Policy, the terms of which can be found directly on the platform. These additional guidelines and policies have been incorporated by reference into the legally binding contract between you and us.
The platform and our services are not applicable to children. Children are not allowed to use the services of the platform for any purpose. If you, as a guardian, find that a child under your guardianship has used our platform, please contact us immediately to delete it. Children refer to users under the age of 13; or if the user is from the country/area listed in the table below, the relevant age for that country/area is listed.
| Country/area that the user is from | Minimum age of the user |
| European Economic Area/Switzerland/UK | 16* |
| India | 18* |
| Saudi Arabia | 15 |
| Brazil | 18 |
| USA | 16 |
| Malaysia | 18 |
| Russia | 14 |
| Singapore | 18 |
| Thailand | 20* |
| Turkey | 18* |
| Egypt | 18* |
| Indonesia | 21 |
| The United Arab Emirates | 21*** |
*Users under the minimum age in that country/area must obtain consent from their parents/guardians before using the platform.
**Users in the European Economic Area, the UK and Switzerland under the age of 16 can use the platform provided they obtain the consent from their parents/guardians prior to using the platform.
***For users located in the United Arab Emirates, the minimum age to be legally consented to commercial transactions is 21 (according to the Moslem calendar). However, the underage user between the ages of 18 and 21 may obtain a court order allowing him/her to enter into specific commercial transactions. In addition, the underage user over the age of 7 can engage in commercial transactions with the approval of their guardians.
Please also read our Privacy Policy, as this determines how we use your personal information. Your use of the services on our platform is deemed to be your acceptance of the terms.
You shall print or retain a local copy of these terms for recording purposes.
3. Changes to Terms and Services
We may amend these terms from time to time, and we will use commercially reasonable efforts to give all users reasonable notice of any material changes to these terms, such as through notices on our platform, but you should also read the terms at regular intervals to check for such changes. We will also update the “last update” at the top of these terms to reflect the effective date of such terms. Your continued use of the services beyond the effective date of the new terms will indicate your acceptance of the new terms after we have fulfilled our obligations as informed. If you do not agree to the new terms, you must stop accessing or using the services.
4. Your Account
To access and use certain content of this software, you may need to create an account with us (“Your Account”).
Your account is your personal account and you are prohibited from giving, lending, transferring or otherwise allowing any other person to access or use your account. Your user identifiers (such as user ID) assigned by the platform in our services remain our property and we have the right to disable, recycle and reuse these identifiers once you or we terminate or deactivate your account for any reason.
You are responsible for: (I) protecting the information of your account, including any password used to access your account and our services, and (ii) using our services under your account. If you know or suspect that your account or password has been compromised, you should promptly notify us via liu@xunmengd.com. Unless we receive and confirm notification from you that your account and/or its password has been compromised, we will consider you to be using your account.
You agree to be solely responsible (to us and others) for activities that occur under your account.
We reserve the right to disable your user account at any time, including your failure to comply with any provision of these terms under our reasonable advice, or your activity in our discretion, will or may cause harm, damage, violation or infringement of any third party rights, or violation of any applicable laws or regulations.
5. Content
When you submit, upload, transmit or display any data, information, media or other content related to your use of our services (“Your Content”), you understand and agree that
· You will continue to own and be responsible for your content;
· Our use of your content will be governed by our Privacy Policy;
· You grant us and our affiliates the right to use your content (at no cost to you), including the right to create derivative works of your content for the following purposes, to publicly display and publicly perform your content, and to promote, develop and attempt to improve our services, including our services related to your submission and any other services we may provide now or in the future;
· You acknowledge and agree that we may receive revenue, increase goodwill or otherwise increase our value as a result of your use of the services, and that you are not entitled to share in any such revenue, goodwill or any value unless expressly provided in another agreement between you and us. You further confirm that, unless expressly permitted by us in these terms or in another agreement you enter into with us, you (i) are not entitled to receive any revenue or other remuneration from the services, including any user content you create; and (ii) are prohibited from exercising any right to profit from any user content within the services or from any third party or to obtain party services at a relative value;
· When using your content for these purposes, we and our affiliates may copy, mandate, store, process, adapt, modify, translate, execute, distribute and publish your content, including distribution methods developed in the future, provided they are incorporated into our services you use;
· We may share your content with third parties of our partners who help provide, promote, develop and improve our services, but we will not sell your content to such third parties (other than our affiliates) for their own purposes (i.e. for any purpose unrelated to our services);
· You will comply with the instructions and these terms when submitting content.
You are fully responsible for the content and we recommend that you keep a backup copy of it at all times. You must at all times ensure that: (i) you have the rights necessary to submit, transmit or display your content and grant us the rights set out in these terms; (ii) your content (and our use of your content in accordance with these terms) does not infringe or violate the rights of anyone or otherwise violate any applicable law or regulation.
You warrant that any such contributions meet these criteria and that you will be liable to us and indemnify us for any breach of this warranty. This means that you will be liable for any loss or damage arising from a breach of the warranty.
We reserve the right to block or remove your content for any reason, including content we deem appropriate or required by applicable laws and regulations.
In certain circumstances, we also have the right to disclose your identity to any third party who claims that user content you post or upload to our services constitutes a violation of their intellectual property rights or privacy rights. Disclosure will be subject to a legally binding court order.
6. Prohibited Activities
You agree not to engage in any of the following prohibited activities in connection with or related to our services, or to allow anyone to do the same on our services using your account.
· Impersonate any person or misrepresent your affiliation with any person or entity when registering an account (including by creating a false account name or accessing another user’s account) or using our services for any communication or sharing or posting any content or information;
· Use or attempt to use other users’ accounts, services or systems without our authorization, or create false identities on the services;
· Infringe intellectual property or other rights of third parties through your account name;
· Copy, modify, adapt, translate, conduct reverse engineering of, disassemble and decompilate unauthorized content to the fullest extent permitted by applicable law, or create any derivative works based on the services, including any document, form or file (or any part thereof), or attempt to identify any source code, algorithm, method or technology or any derivative works of it contained in the platform;
· Send any unsolicited and unauthorized spam (such as spam comments on our social media services), advertising or promotional information, or any other commercial communications;
· Use our services for any commercial purpose or for the benefit of any third party, except as expressly permitted by these terms or by us from time to time, including any of the following activities:
。Publish information about products or services provided by you or any company in which you have a direct or indirect interest;
。Publish products or services that compete directly with products or services that you or any company in which you directly or indirectly own an interest compete with;
。Make a posting (whether written by you or anyone else) in exchange for monetary or other benefits or compensation from any third party;
。Publish information about the availability of products or shipping from third party suppliers, whether or not such third parties compete with us;
。Publish in other disingenuous ways.
· Submit, upload, transmit or display any content via our services that is or is deemed unreasonable by us (whether or not displayed publicly and whether or not displayed directly or indirectly to any other user)
。Violate any law or regulation (or may violate any law or regulation when using in a manner permitted by these terms);
。Cause loss or damage to any person or property;
。Be fraudulent, false, misleading or deceptive;
。Harm or exploit any person (adult or minor) in any way, including through bullying, harassment or threats of violence；
。Hate, harass, abuse, racially or ethnically offend, defame, insult others (publicly or otherwise), threaten, profane, or otherwise make others repugnant;
。Promote or encourage self-harm;
。Infringe our rights or the rights of any third party, including any intellectual property rights, contractual rights, confidentiality or privacy rights;
。Be pornographic, barefaced, violent or indecent or offensive;
。Encourage or may encourage any of the above.
· Violate any applicable laws or regulations, including credit card fraud or bank account fraud;
· Engage in any illegal or potentially illegal (as determined by us) activity or transaction, including the sale of any illegal drugs or money laundering;
· Gamble, provide gambling information or induce others to gamble in any way;
· Use any of our intellectual property rights (including our trademark, brand name, logo, any of our proprietary information or any other page layout or design), or otherwise violate any of our intellectual property rights (including trying to undo) to design any application or software to access our services;
· Access any of our services, collect or process any content provided through our services, or send or redirect any communications through our services. Use automated bots, software, engines, crawlers, crawling tools, data mining tools or like or try to do any of the above, including artificially promoting any content using any automated means;
· Engage in any “framework,” “mirror,” or other technologies designed to simulate the appearance or functionality of our services;
· Interfere or attempt to interfere with the access of any user or any other party to our services;
· Deliberately distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
· Use our services to share or publish the personally identifiable information of any other person without their express consent;
· Explore or test vulnerabilities in our services, our systems or other users’ systems, or otherwise circumvent (or attempt to circumvent) any of their security functions;
· Create multiple accounts for destructive or abusive purposes;
· Engage in any other activities that encourage any person or entity to violate these terms;
· Material that, in our sole discretion, is objectionable or restricts or prohibits the use of the services by any other person, or that may expose the platform, the services or its users to any kind of harm or liability;
We reserve the right to remove or disable access to the content at any time, for any reason or without notice, in our sole discretion. Certain reasons why we may remove or disable access to content may include finding the content objectionable, violating these terms, or otherwise harming the services or our users.
7. Platform Restrictions
You cannot, and cannot allow any other person to:
· Use the licensed Items in any manner or for any purpose that violates these terms or any applicable laws and regulations;
· Use the licensed items to gain unauthorized access to any system, account or data;
· Sub-license, rent, lease, or sell the platform licenses;
· Directly or indirectly charge others for using or accessing the platform;
· Directly or indirectly suggest us support or accept any product, service or content (including any personal website);
· Transmit unauthorized communications, including spam, through the use of the licensed items;
· Remove, obscure, or modify any copyright, trademark, or other proprietary notices, marks, or instructions found in or on the Platform;
· Distort the origin or ownership of licensed items;
· Copy, adapt, modify, translate or create derivative works from the licensed items, lend, rent, lease, performance, sub-license, make available to the public, broadcast, distribute, transmit, or otherwise use in whole or license portions of any licensed item in any manner expressly prohibited by these terms, or attempt to perform any of these items;
· Attempt to interfere or interfere with the platform, including manipulating its lawful operations;
· Use cheating, exploitation and automation software or any unauthorized third-party software designed to modify or interfere with the platform;
· Interfere with or overburden any computer or server that provides or supports the platform or other users’ use of the platform;
· Develop any plug-ins, external component compatibilities or interconnect elements or other technical interoperability platforms, except that we expressly allow you to do so through our software (in which case you may be subject to additional terms and conditions with you informing us of such software);
· Please note that the “platform” may have technical measures designed to prevent unapproved or unauthorized use of the “platform” or use of the “platform” in violation of these terms. You agree that we can use these measures and that you will not attempt to disable or circumvent them in any way.
8. Compensation
You agree to defend, indemnify and hold harmless all claims, liabilities, costs, damages, losses and expenses (including but not limited to attorney’s fees and expenses) for us, our parents, subsidiaries and affiliates and their respective officers, directors, employees, agents and consultants. These claims, losses and expenses (including but not limited to attorney’s fees and expenses) are due to any breach of these terms by you (or any user of any service account), including but not limited to any breach of your obligations, agents and warranties.
9. Disclaimer of Warranties
No content in these terms affects legal rights that you cannot agree to change or waive as agreed in the contract, and you shall always use them as a consumer.
The services are provided “as they are”. We make no warranties or representations regarding these contents. In particular, we do not represent or guarantee that:
· Your use of the services will meet your requirements;
· Your use of the services will be uninterrupted, timely, secure or error free;
· Any information you receive as a result of your use of the services is accurate or reliable;
· Defects in the operation or functionality of any software provided to you as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms relating to satisfactory quality, fitness for purpose or compliance with description) shall apply to the service except as expressly set out in the terms. We may change, suspend, withdraw or limit the availability of all or any part of our platform at any time without notice for business and operation purposes.
10. Scope of Liability
No content in these terms excludes or limits our liability for damages that may not be legally excluded or limited by applicable law. This includes death or personal injury and fraud or fraudulent representations due to our negligence or the negligence of employees, agents or subcontractors.
In accordance with the above terms, we do not assume any liability to you for the following:
(I) Loss of profits (whether directly or indirectly); (II) Loss of goodwill; (III) Loss of opportunities;(IV) Loss of data that you suffer; or (V) Indirect or consequential loss that you may suffer. Any other losses you pay to Shaker during the past 12 months will be limited to the amount you pay.
Any loss or damage you may suffer as a result of the following:
· Any changes we may make to the services, or permanent or temporary discontinuation (or any functionality in the services) due to the provision of the services;
· Deletion, corruption, or storage failure of any content and other communication data maintained or transmitted using the services;
· Your failure to provide us with accurate account information;
· Your failure to keep your password or account details secure and confidential.
Please note that our platform is for home and private use only. You agree not to use our platform for any business or commercial purposes, and we shall not be liable for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption or loss of business opportunities.
If defective digital content provided by us damages your device or digital content due to our failure to use reasonable measures and functions, we will repair the damage or pay you compensation. However, we shall not be held liable for your failure to properly follow the installation instructions or recommendations to comply with minimum system requirements, and you may avoid following our recommendations and applying updates, and these limitations on our liability to you shall apply regardless of whether we have been informed or should have been aware of the possibility of any such loss.
You are responsible for any mobile charges that may apply to your use of our services, including text message and data charges. If you are unsure of these charge standards, please consult the service provider before using the services.
To the fullest extent permitted by law, you irrevocably release us and our affiliates from all known and unknown claims, demands and damages (actual and consequential) due to any dispute arising out of your use of the services with any third party, including any carrier, copyright owner or other user directly between you and such third party.
11. Updates and Changes to Software and Services
We may, in our sole discretion, distribute corrections, updates, upgrades and new versions of the “software” and/or “services” (collectively, the “Updates”). You agree to receive and allow us to provide updates to your device, and you acknowledge that if you do not accept and install updates, the software and/or services may no longer operate with the full functionality or performance described in the specification, or fail to operate.
We reserve the right, at our discretion, to change or restrict the functionality and performance of the software and/or services, including withdrawing support or access to the software and/or services, and to prevent the use of any software and/or services with all available updates that have not been installed.
These updates can be automated or manual. Please note that if you have not installed an upgrade or a new version, the software and/or services may not operate properly or fail to operate. We do not warrant that any updates will be provided to any of our software or services or that such updates will continue to support your device or system.
12. Payments, Fees and Charges
You may make payments to us or other third parties from time to time in connection with the “platform”. You agree that, in addition to any other relevant provisions of these terms, you will comply with all terms and conditions of the relevant payment service (whether the payment service provider is us or a third party). We are not liable for any transactions processed by third parties or any payments made to third parties, whether or not in connection with the relevant licensed items. You agree to bear all costs and taxes associated with the platform and that all prices and availability of the platform may change from time to time.
Unless otherwise provided in these terms of the services or required by applicable law in your jurisdiction, no virtual goods and virtual currency shall be refundable after purchase (whether used or unused) under any circumstances.
Please note that telecom charges and other charges may be incurred when you are using the “platform”. You are responsible for all such fees, charges and expenses.
13. Intellectual Property
All intellectual properties (including any future updates, upgrades and new versions) of the platform and our other services and software will continue to belong to us and our licensors. You have no right to use our intellectual properties unless expressly provided in these terms. In particular, you have no right to use our trademarks or product names, logos, domain names or other unique brand features without our prior written consent. Any comments or suggestions you may make about our services are entirely voluntary and we will be free to use them at our discretion without payment or other obligations to you.
We respect all intellectual properties and ask you to do so. As a condition of accessing and using the services, you agree not to use the services to infringe any intellectual properties, for example, not to upload any content owned by any other person to the platform. We reserve the right, with or without notice, at any time in our sole discretion to block access and/or terminate the account of any user who infringes or is accused of infringing any copyright or other intellectual properties.
14. Third-party Software, Content and Services
We are not responsible for, and do not provide support or guarantee for the legality, accuracy or reliability of any content submitted, transmitted or displayed or linked to by our software, services or our advertisers (including your content or other content provided by other users). You acknowledge and agree that, by using our software or services, you may be exposed to content that is inaccurate, misleading, defamatory, offensive or illegal. Any reliance on or use of our software or services or any content accessible from our software or services is at your own risk. Your use of our software or services does not entitles you to any rights to access to content in connection with your use of our software or services.
We also do not guarantee the quality, reliability or suitability of any third-party services provided, advertised or linked to through our software or services, and we assume no responsibility for your use of or relationship with any such third-party services. If you access third-party services through our software or services, you must comply with any terms and conditions that apply to those services.
We may review (but do not undertake to review) content or third-party services provided through our software or services to determine whether they comply with our policies, applicable laws and regulations, or whether they are objectionable. We may remove or refuse to provide or link to certain content or third-party services if they infringe intellectual properties, are obscene, defamatory or abusive, infringe any rights or pose any risk to the security or performance of our software or services.
We may from time to time provide you with third-party content and services through our software or services. Such content and services are subject to other terms, including those of the relevant third parties that originally generated such content and services. In such event, you agree to comply with any other terms and conditions notified to you in respect of such third-party content and services.
In addition, please note that we do not assume any responsibility, nor do we accept, support or guarantee the quality, reliability or suitability of any content, software, plug-ins, tools or data provided by third parties in connection with the licensed use. Any reliance on or use of such content, software, tools, plug-ins or data is at your own risk. You must comply with any other terms applicable to any third-party content, software, tools, plug-ins and data.
15. Use Your Device through Our Software and Services
To better provide you with our software and services, we may ask to access and/or use your related devices (e.g., mobile phones, tablets) to access the software and/or services – for example, we may need to use your device’s processor and storage to complete related software installation, or we may need to access your contact list to provide certain interactive functions in our application. You agree to allow us to access and use your device. Please refer to the Privacy Policy for detailed descriptions of these contents. You may also use the guidelines in the Privacy Policy to restrict our use of certain functions on your device.
We will provide further information about how a particular item’s software or a particular service can be used and accessed by you in the relevant software or service or in other ways to access your device (for example, stored as part of the installation process of the relevant service through the relevant installer). Please understand that we may not be able to provide you with our relevant software or services if you have not provided us with authorization to use or access your relevant devices.
Any personal information we use or access on your device (as defined in the Privacy Policy) will be treated in accordance with these terms (including our Privacy Policy).
16. Termination
We reserve the right to temporarily or permanently suspend or terminate your user account or restrict your access to some or all of the services with or without notice to you, including:
· We reasonably believe that you have violated these terms, or we reasonably believe on objective grounds that you will violate these terms, including any combined agreements, policies or guidelines and applicable laws or regulations;
· Your activities on your account, in our sole discretion, may cause damage to us or our services, or infringe any third-party rights (including intellectual properties);
· Responding to requests from law enforcement or other government agencies under effective legal procedures;
· Unexpected technical or security issues;
· Your account is inactive for a long time.
If we close permanently or terminate your user account, we will inform you in advance, so that you have the time to access and save your information and content, unless we have reason to believe that your continued access to your account will harm us or our services, or violate the requirements of law enforcement or other government agencies (applicable laws or regulations or third-party rights).
Depending on any legal rights you may have, if your account is temporarily or permanently suspended or terminated, access to your user name, password, and any relevant information or content associated with your account may be suspended or terminated. Since we do not guarantee that your content will be permanently available, you should back up any content you value.
If you no longer want to use our services, you can contact us at liu@xunmengd.com and we will provide you with further assistance and guide you in deleting your account. Please note that once you choose to delete your account, you will not be able to reactivate the account or retrieve any content or information that you have added.
17. Your Legal Rights
No content in these terms shall supersede your obligatory rights under any laws and regulations, and your obligatory rights will apply in the event of any inconsistency with these terms.
18. General
You agree that no claim shall be made against us for any statement not expressly provided for in these terms. The invalidity of any provision (or part of any provision) of these terms does not affect the validity or enforceability of any other provisions (or the remainder of such provision). If a court finds that we are unable to enforce any part of these terms as drafted, we may, to the extent that applicable laws and regulations are enforceable, replace such terms with similar terms without changing the remaining provisions of these terms. No delay in enforcing any provision of these terms shall be construed as a waiver of any right under such provision. Any rights and obligations under these terms shall, by their nature, continue in force and effect, including but not limited to any obligation of the parties with respect to their liability or compensation (if any), which shall survive the termination or expiration of these terms.
No person other than you and us (subject to any applicable laws and regulations) has the right to enforce these terms against anyone, and you may not delegate, assign or transfer these terms or any rights or obligations under these terms without our prior consent. We are free to assign, transfer or subcontract these terms or all or part of our rights and obligations under these terms without your prior consent or notice. You acknowledge and agree that in no event shall our partners or affiliates assume any liability under these terms.
19. Applicable Law and Dispute Resolution
Unless otherwise provided by the applicable laws and regulations of in your jurisdiction (for example, you may have access to local courts (including small claims courts (or similar courts)) in your jurisdiction, these terms and any dispute or claim arising out of or in connection with them shall be construed and governed by the laws of the United Arab Emirates.
Any dispute arising out of or in connection with these terms, including any issues relating to the existence, validity or termination of these terms, shall be arbitrated by Dubai International Arbitration Center (“DIAC”) in accordance with such arbitration procedures and ultimately resolved by arbitration. The arbitration rules of Dubai International Arbitration Center (“DIAC Rules”) currently in force are deemed to be incorporated by reference into these terms. The arbitration shall take place in Dubai. The arbitration tribunal shall consist of three (3) arbitrators. The language of arbitration shall be English.
Contact Us
You can contact us liu@xunmengd.com .
Address: A701-11, Building 1, Shenzhen Software Industry Base, No. 81, 83 and 85 Gaoxin South 10th Road, Binhai Community, Yuehai Street, Nanshan District, Shenzhen
Supplementary Terms for App Stores
To the extent permitted by applicable law, the following supplementary terms shall apply:
By accessing the platform through a device manufactured by Apple Inc. (“Apple”), you expressly acknowledge and agree that:
· Apple is not a party to these terms with you.
· The license granted to you pursuant to this Agreement is limited to the personal, limited, non-exclusive and non-transferable rights, so that the installation of the platform on Apple authorized Apple devices that you own or control for personal and non-commercial use is subject to the rules of use set forth in the service terms of Apple App Store.
· Apple is not responsible for the platform or its content, nor is it liable for any maintenance or support services related to the platform.
· If the platform fails to comply with any of the applicable warranties, you may notify Apple and Apple will refund you the purchase price of the platform (if any). To the maximum extent permitted by applicable law, Apple assumes no other warranty obligations with respect to the platform.
· Apple is not responsible for resolving any claims made by you or third parties concerning the platform or your ownership or use of the platform, including but not limited to (a) product liability claims; (b) any claim that the platform does not comply with the requirements of any applicable law or regulation; (c) claims arising under consumer protection or similar laws and regulations.
· If any third party claims that the platform or your ownership and use of the platform violates such third party’s intellectual property rights, Apple shall not be responsible for investigating, defending, settling or removing claims for such infringement of intellectual property rights.
· You represent and warrant that (a) you are not in a country embargoed by the US Government or designated by the US Government as a state sponsor of terrorism; (b) you are not on any list of prohibited or restricted parties of the US Government.
· Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.
· Shaker explicitly authorizes multiple users to use the platform through family sharing or any similar functions provided by Apple.
Supplementary Terms for Google Play
By downloading the platform from Google Play (or its successor) operated by Google Inc. or one of its affiliates (“Google”), you expressly acknowledge and agree that:
· (a) Google Play Terms of Service and Google Play Business and Planning Policy or all other terms that Google designates as default end user license terms for Google Play (collectively, the “Google Play Terms”), and (b) other terms and conditions in these terms shall apply to your use of the platform downloaded from Google Play.
· You hereby confirm that Google has no responsibility or obligation for the compliance or non-compliance of Shaker or you (or any other user) under these terms or Google Play Terms.