Again user Agreement
Last update date:Jan 10th, 2022
I. Confirmation and Acceptance of Service Terms
(1)The "Again user Agreement " (hereinafter referred to as "the agreement") is reached by you (hereinafter referred to as "the user") and Beijing Crater Network Technology Co., Ltd. (hereinafter referred to as "CRATER") on application of AGAIN and its services (AGAIN is a sports APP software developed and operated by CRATER). The ownership of AGAIN and its services, related intellectual property rights and management right shall vest in CRATER. The user may apply it to recording detailed tracks and data of such sports as running, riding and training, or purchase online and offline private education courses. This term applies to AGAIN and/or its services, including AGAIN or any of its service may be legally acquired via a computer, mobile device or any other channel.
(2)This agreement, together with the" Again User Top-up Agreement", the "Again user exchange and withdrawal agreement", the "Again partner cooperation agreement", and the "Again partner payment and withdrawal agreement", jointly establish your rights and obligations on the AGAIN. By clicking the "I agree" button at the bottom of this agreement or using any service under this agreement, it shall be deemed that you have fully understood the terms of this agreement and the" Again User Top-up Agreement", the "Again user exchange and withdrawal agreement", the "Again partner cooperation agreement", and the "Again partner payment and withdrawal agreement" from the date of your acceptance or use (the "effective date") completely accepted. If you do not agree with the terms of this agreement or the terms of the " Again User Top-up Agreement", the "Again user exchange and withdrawal agreement", the "Again partner cooperation agreement", and the "Again partner payment and withdrawal agreement", you shall stop using the services under this agreement.
(3)Please carefully read (a juvenile shall be accompanied by its guardian when reading) and fully understand the agreement before commencing your application to AGAIN and its services. You have no right to apply AGAIN and its services unless you've totally accepted all provisions hereof. Your application to AGAIN and its services will be deemed that you've fully understood the agreement and promised to be bound as a party hereto.
(4)The software copyright of AGAIN and its services, and that on all information and content (to be) published by AGAIN and its services shall be protected by Copyright Law of the People's Republic of China (related laws and regulations included) and other copyright laws worldwide, and shall be applied by users only for their own exchanging and learning.
(5) AGAIN and its services will legally provide you with Internet information and other related services through the Internet. You will be entitled to apply all related services of the station upon your total consent to all terms and other stipulations hereof (including without limitation community specification and other rules and policies issued by AGAIN).
(6)The agreement stipulates the relationship of rights and obligations between CRATER and the user on application of AGAIN and its services.
(7) Any affiliated company of CRATER may also provide you with certain service items of AGAIN and its services involved hereof, giving rise to a relationship of rights and obligations between both sides.
(8) A user refers to any person who acquires and applies AGAIN and its services in a lawful manner.
II. Definition
(1)User
A natural person who has full capacity at the age of 18 or a natural person who has not reached the age of 18 shall be under the supervision of a guardian who downloads the software through the channel officially authorized by the AGAIN, registers the account of the AGAIN, browses and publishes the content on the platform.
(2)Coach
Coaches on the AGAIN refer to the platform users who have obtained the professional sports coach qualification and passed the sports coach qualification certification audit of the AGAIN.
(3) Talent
Among the users of AGAIN, the platform users who have reached the quantitative standard
of platform definition and completed real name authentication.
(4)Super coach
Among the users of the AGAIN, celebrities, public figures, experts and scholars in the sports health industry with national and above influence, and the platform users who verify the identity and qualification of celebrities and public figures through the AGAIN.
(5) Fitness institutions
(6) Partner
Refers to the cooperation institutions or natural persons that have signed cooperation agreements with AGAIN and obtained the authorization of Again official partners. Partners can recruit Again users (big names, personal trainers, experts, ordinary users), institutions, venues and other groups across the country. And in accordance with the rules of partnership income distribution established by AGAIN.
（7）Regional strategic partners
Refers to the cooperation agency that has signed a strategic cooperation agreement with AGAIN and obtained the authorization of official regional strategic partner of Again. The regional strategic partners may engage in the corresponding value-added services independently authorized by the AGAIN within the territory specified in the Agreement and obtain benefits in accordance with the agreement signed with the AGAIN.
（8）Course
Online public class,online private class(training,planning),offline private class, offline group class
III. AGAIN Service and Product Description
(1) AGAIN provides users with Internet products and services. Users can use, share and purchase the products and services provided by the AGAIN. The user has the right to obtain the products and services provided by the AGAIN, but the AGAIN has the right to charge the service or product fees arising therefrom.
(2) AGAIN will try its best to provide unimpeded online services. However, the network access service of the platform may be affected by many factors, and the link may be blocked, restricted or terminated. We will not be responsible for any loss or inconvenience caused to you.
(3) Some products and services provided by the AGAIN must be used for payment, and users need to pay a certain fee for using such products. For charged products and services, we will give users clear tips before using them. Only when users confirm that they are willing to pay relevant fees according to the prompts, users can use / continue to use such charged products and services. If the user refuses to pay the relevant fees, the AGAIN has the right not to provide such charging products and services to the users.
(4) The user shall equip himself with related devices required to apply AGAIN and its services, including without limitation a smartphone, computer, tablet computer or other devices. At the same time, users also need to pay for the network fee and traffic fee when using the AGAIN and its services.
(5) Replacement, modification and upgrade of AGAIN
1) In order to improve users experience and improve the service content, the AGAIN has the right to develop new services according to your use status and behavior of the software;
2) In order to improve, enhance and further develop services, the AGAIN has the right to provide software updates (including software upgrade and replacement, modification, function enhancement, version upgrade, etc.) from time to time;
3) Users should understand and agree that: the AGAIN has the right to update the AGAIN, or change or restrict some functions of the AGAIN without special notice to you.
4) After the new version of AGAIN is released, the old version may not be used. The AGAIN does not guarantee that the old version of AGAIN and corresponding services will continue to be available. In order to make full and timely use of the services of the AGAIN, please check and download the latest version at any time.
(6) The user may download and apply AGAIN and its services through any legal channel. However, it is strictly prohibited for users to copy, distribute, rent, exhibit, show, broadcast, modify, deduce, translate, assemble, adapt or reverse engineer the contents of the software without authorization. CRATER remains all rights not specifically granted in all terms hereof.
(7) Once a user logs in to the AGAIN after registration, he is deemed to use the AGAIN and its services. In order to use the full functions of the AGAIN and its services, users may need to connect the device to the Internet or log in as the registered user
(8) CRATER authorizes the user a non-transferable, non-exclusive and non-commercial right to apply AGAIN and its services within the world, provided that such right is non-transferable and CRATER remains its right to withdraw such authorization in any necessary case.
IV. Account-related Information
(1)AGAIN provides users with the function of login / registration account. Users can choose the name that meets the standard as their own account, and set the password that meets the requirements. The account and password set by the user constitute a credential for him to login / registration account and apply AGAIN.
(2) The user login / registration account in the AGAIN is only for your own use. Any bestowal, borrowing, lease or sale shall be prohibited. Where CRATER discovers or is justified to suspect that the user is not the initial registrant, it has right to suspend or terminate provision of any service to such account without informing the login/registrant of such account, and to cancel such account without bearing any legal liability for the user. Any user communication outage, user data and information loss and other related damages caused thereby shall be assumed by the user himself.
(3) The user is liable for maintaining security and confidentiality of personal account, password and SMS verification code, and shall take full responsibility for all activities undertaken by the same in the name of his login/registered account, including modification of user data, released opinions and any other operation behaviors on AGAIN. Therefore, the user shall attach great importance to protection of his account, password and SMS verification code. If he discovers that any person uses his account without permission or any other security flaw, he shall have CRATER immediately informed. But in case of any password disclosure due to whatever reason, the user shall assume the liability itself.
(4) After the user account is lost, the password is forgotten and the verification code is leaked, the password can be retrieved in time according to the ways listed in the "Help" of the AGAIN. CRATER does not bear any responsibility for any loss caused by the user's fake complaint. The user knows that the responsibility for keeping the account, password and SMS verification code lies with the user. CRATER does not promise that after the account number is lost, the password is forgotten and the verification code is leaked, the user can retrieve the account through the application.
(5) The user shall guarantee the authenticity of the identity information that he fills during login /registration. Any liability caused by any illegal, false or inaccurate user information shall be assumed by himself. The user shall keep his registration information constantly updated, and conforming to the requirements of timeliness, comprehensiveness, authenticity and accuracy. CRATER shall not assume any liabilities for any issues arisen by false registration information of the user or any consequences caused hereby. Where the user offers any inaccurate, false or illegal information, or CRATER is justified to suspect such information to be inaccurate, false or illegal data, or that the user releases any advertisement, casual content and any other content deviating from any national law or regulation, CRATER is entitled to suspend or terminate provision of services to the user, cancel such account and permanently refuse such user's application of the AGAIN, and any loss caused hereby shall be assumed by the user himself.
(6) In addition to registering their own account of AGAIN, users can also choose to use their legitimate accounts of Sina Weibo, WeChat, Tencent QQ and Facebook to register and log in to the AGAIN. IOS system users can also use the Apple ID to log in to register the AGAIN. When the user registers with the above-mentioned account and uses the AGAIN and its services, the agreement on account number in this Agreement shall also apply.
(7) The Again sports platform also offers users the ability to log out of their accounts. Click Settings - Logout - to enter the logout process, follow the prompts for the corresponding operations. Users must meet certain conditions for canceling their accounts and follow the Again Account cancellation process. For details, see “The Again Account Cancellation Agreement”. After your Again account is cancelled, it cannot be retrieved, and we will stop providing you with services related to the AGAIN of this account. Please operate with caution.
V. Partner Service of AGAIN
See the "Again partner cooperation agreement" for details
VI. Legality of User Behavior
(1) When applying AGAIN and its services, the user shall conform to laws of the People's Republic of China. The user shall not undertake any behaviors prohibited by any law, regulation or policy and violating any others' lawful right using AGAIN and its services.
(2) The user shall not disturb, destroy, modify, or exert any other influences on the normal operation of AGAIN, using any plug-in, add-on or third-party tool unauthorized or unapproved by CRATER.
(3) The user shall not undertake any behavior endangering security of computer network, using AGAIN or against the same, which shall include without limitation: using any unapproved data or accessing any unauthorized server/account; attempting to search, crack AGAIN or other behavior damaging network security; attempting to intervene, destroy the normal operation of AGAIN server, and deliberately spreading any rogue program or virus and other behavior damaging and disturbing normal network information services.
(4) Without permission of CRATER, users may not undertake such commercial behaviors as releasing any advertisements and selling any products on AGAIN.
(5) In any case, if CRATER is justified to consider any behavior of the user as a violation or possible violation against the provision hereinbefore, it may terminate its provision of any service to such user in any time without any prior notice.
VII. Protection of User Information
(1) You may browse your personal information submitted by yourself at any time, provided that you may not be able to completely modify the initial login /registration information and other verification information offered during registration, in consideration of security and identity identification.
(2) CRATER will protect your personal information using various security technologies and improved information security management system, in case of any access, use or disclosure. But the user shall also understand the uncertainty of the Internet, and that CRATER will not be liable for any leakage of user information caused by any factor beyond its control.
(3) CRATER will not transfer your personal information or disclose the same to any non-affiliated third party, unless as required by any related law or regulation or court or government agency, or that CRATER transfers the same for purpose of merging, separation, acquisition or asset transference, or as required to offer any service that you require.
(4) The user shall bear in mind not to disclose any important personal data including various property accounts, bank cards, credit cards, third-party payment accounts and according passwords when using AGAIN, or otherwise any loss caused hereby shall be assumed by himself. The user shall not upload or spread any information that he considers as private through AGAIN.
(5) In the following cases, CRATER has right to use the user's personal information:
① In case of a promotion or lucky draw, CRATER may share the user's personal information with the sponsor. In such case, CRATER will make a reminder prior to sending such information and the user may terminate such sharing through non-participation to such promotion or lucky draw;
② CRATER may cooperate with a third party to offer related network services to the user. In such case, CRATER is entitled to provide such third party with registration data of the user if it agrees to bear the liability for protection of user privacy equal to that of CRATER;
③ CRATER is entitled to analyze the entire user database and commercially use the same under the circumstance of non-disclosing any private data of an individual user.
(6) CRATER will send all notices related to Again and its services using the email address that you submit. Except any use above and any disclosure by your personal behavior or with your consent, CRATER will not display your email information to any third party or share it with the same through the Internet.
VIII. User Management
(1)At the same time of login / registration account, the user shall promise to conform to all Chinese laws and regulations, socialist system, national interest, citizens' legal rights, public order, social morality, information authenticity, etc., and guarantee not to undertake any following behaviors when logging/registering or applying AGAIN and its services:
① Violate the constitution of China or any Chinese law and regulation;
② Endanger Chinese national security, disclose any state secret, overturn the national political power, or undermine the state unity;
③ Damage any Chinese national honor or interest;
④ Incite national hatred, ethnic discrimination or destroy national unity;
⑤ Incite regional discrimination, racial discrimination, regional hatred;
⑥ Damage any national religious policy, advocate any heresy and superstition;
⑦ Spread any rumor, disturb the social order, and damage social stability;
⑧ Spread any obscenity, eroticism, gamble, violence, murder, terror or abet a crime;
⑨ Insult or slander others, encroach on others' any lawful right;
⑩ Render a violence intimidation, threat or a cyber manhunt to others;
⑪ Spread any private information of a juvenile under 18 without a written consent of the statutory guardian of such juvenile;
⑫ Spread bestial words and damage the public order and good custom of the society;
⑬ Infringe others' any intellectual property right;
⑭ Spread any commercial advertisement or similar commercially soliciting information;
⑮ Spread any other information that any Chinese law, regulation or rule forbids to be spread.
(2) In case of any user violating the promise above, CRATER will, as the case may be, adopt such management measures as forewarning and canceling the released information, temporarily forbidding such user to make a statement or permanently closing his account. In case of any publisher who is suspected to undertake an illegal criminal activity, CRATER will keep a record and truthfully report it when receiving the investigation from any involved governmental sector.
IX. Change, Suspension and Termination of Service
(1) You understand and agree that AGAIN and its services are offered in accordance with existing conditions of CRATER. CRATER will try its utmost to serve you as well as guarantee the consistency and security of services, provided that CRATER shall not foresee and prevent lawful, technical and other risks at any time, including without limitation, service interrupt, data loss and other losses and risks caused by such reasons as a force majeure event, virus, trojan, hacker attack, system instability, flaw of third-party service, act of government, natural disaster and influence of war.
(2) The user shall understand that CRATER may need to adjust or modify any content or function of AGAIN at any time for the purpose of the entire operation service. In case of any change to any service term of CRATER, it will publish the modified agreement on AGAIN and official website of
AGAIN (domain name: www.again8.com). Where any user disagrees on the modified content, please immediately suspend to login or apply AGAIN and its services. Where the user continues to apply AGAIN and its services, it will be deemed as an acceptation of such change to the service term. CRATER is entitled to modify, interrupt, suspend or terminate AGAIN and its services without a prior notice to the user after the modified agreement is published on AGAIN, without assuming any liabilities for any user or any third party or any compensation.
X.Intellectual Property and Liability
sports software platform, as well as all services related to the AGAIN, including but not limited to mobile client App
of AGAIN and official website of AGAIN (domain name: www.again8.com）about
design, layout, icon, text, description, image, audio, video, game, contest, voting, application, illustration, information, data, compilation, advertising copy Logo, domain name, trademark, advertising language, and any other product name and service name showing the commercial identity of the product of the AGAIN, any and all copyright protected materials (mobile client APP and source code of the AGAIN), " appearance and style" of the mobile client and official website of the AGAIN , and any other materials related to the AGAIN products. All products of AGAIN are protected by copyright, trademark, patent and other laws, regulations, rules and international treaties. Users are not allowed to copy, recreate or create derivative products related to content without authorization.
(2) The user may not render a reverse engineering, reverse compiling to related application software, picture design or other content involved by AGAIN products and services, or attempt to crack AGAIN security system and make other similar behaviors.
(3) The content on the AGAIN consists of two parts: self-produced and uploaded by users. CRATER and AGAIN owns the copyright to its self-created content, and any person or Institution shall obtain the consent and authorization of CRATER before reprinting such content.
(4) The user agrees that if you upload / publish any content uploaded to AGAIN (including but not limited to free，paid action content, training content and plan content, pictures, videos, audio, text works involved in community content etc.), you grant CRATER free, irrevocable, indefinite, and For a transferable non-exclusive license, CRATER has the right to display, distribute and promote the foregoing content, and has the right to copy, modify, publish, distribute and otherwise use or authorize third parties to reproduce, modify, and publish the content , Distribution, and other uses. AGAIN may use the aforementioned content for its own promotion or other legitimate purposes. For the avoidance of doubt, you understand and agree that the rights granted above include the use, reproduction and display of personal images that you own or are licensed to use and embed in the content, Rights and licenses for portraits, names, trademarks, service marks, brands, names, logos and company logos, if any, and any other branding, marketing or promotion assets, materials, materials, etc. If you do not agree to authorize the use of CRATER, you should immediately stop uploading/ publishing any content (including but not limited to free，paid action content, training content and plan content, pictures, videos, audio, text works involved in community content etc.). When you use the services provided by AGAIN, you agree and fully understand the entire content of the personal information protection policy.
(5) The user shall guarantee that any content upload / publish (including but not limited to free，paid action content, training content and plan content, pictures, videos, audio, text works involved in community content etc.)when using the AGAIN，will not infringe any intellectual property of any third party, nor violate any law and regulation of the People's Republic of China, or otherwise CRATER is entitled to remove such infringement information without assuming any liabilities thereunder. If the above-mentioned third party claims for any right, the user shall assume all liabilities hereunder and guarantee that CRATER will not suffer any losses consequently.
(6) Users agree that according to the overall operation needs of the platform or in case of official activities, there will be a unified price adjustment or discount for the paid content uploaded / published by users.
If you do not agree with the above situation, you should immediately stop using AGAIN. When you use the services provided by AGAIN, it means that you fully understand and agree to the unified price adjustment or discount of paid content uploaded / published by users
XI. Legal Notice and Exception Clause
(1) Any exercise is accompanied with risks. The user shall choose the exercise event and strength suitable for himself according to his own physical ability and health condition. To diminish exercise injury and other possible health accident, please first consult your doctor before commencing any training program. The user shall assume all risks arisen by his participation to any exercise event using AGAIN.
(2) CRATER shall not be liable for guaranteeing authenticity, accuracy and integrity of any others' information, content or advertising and any other news (hereinafter referred to as "information") obtained on AGAIN. Where any unit or individual makes any behavior through the "information" hereinbefore, such unit or individual shall discriminate the true from the false and prudently prevent any risk by itself, or otherwise CRATER will not assume any direct or indirect, attached or derivative losses and liabilities for any transactions and/or behaviors occurred not in direct connection with the website.
(3) Upon the operation need of AGAIN, we may provide you with any link of any other third party address, with a view to offering convenience to you, which shall not indicate our acceptance of content offered by such website or address. We will not control or investigate such content offered by such external links, nor assume any liabilities for the same.
(4) CRATER does not undertake (including but not limited to): AGAIN is totally applicable for the usage requirements of users and free of any disturbance, and timely, secure, reliable or free of any error; any error of AGAIN will be corrected.
(5) CRATER will not assume any direct, indirect, attached, special, derivative or punitive liabilities for compensation of any profit, business reputation and data loss or other tangible or intangible losses caused by the following reasons:
① Application of AGAIN or failure to apply AGAIN;
② AGAIN is free of any disturbance, timely, secure, reliable or free of any error; Any product, service or other materials obtained through total application of AGAIN conform to the user's expectation;
③ Any error of AGAIN will be able to be corrected;
④ Any statement or behavior that any third party makes herein;
⑤ Any user purchases any commodity or service from any third party based on any advertising information released on AGAIN;
⑥ Failure to apply AGAIN and its services through the terminal due to abnormal information transfer caused by satellite transmission, telecommunications department and network service provider and other similar reasons;
⑦ Any user is unable to apply AGAIN and its services caused by such natural disasters as earthquake and typhoon, or a war, strike, act of government or other related circumstances;
⑧ Other matters in connection with AGAIN and its services, provided that those specifically stipulated hereof are excluded.
XII. Liability for Breach
Where any loss is caused to CRATER due to any claim for compensation or request by any third party against CRATER on the basis that a user violates any national law or regulation or any provision hereof, or infringes any right of others, including any litigation cost, attorney fee, travel expense, compromise amount, penalty or any other damages as stipulated in any valid legal instrument, such user shall compensate CRATER for any and all losses suffered hereby and eliminate any effect.
XI. Other Terms
Chinese laws shall apply to the preparation, execution and interpretation and dispute resolution hereof. Any provision hereof that collides with any law of the People's Republic of China shall be deemed as invalid. Such term shall be re-analyzed to the extent being close to the intention of the initial agreement as far as possible, and other stipulations hereof shall have integrated force and effect. In case of any dispute between both parties, they agree to bring such dispute to the court in Chaoyang District, Beijing, for a settlement.