Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Kunming Fanqiumu Trading Co., Ltd. (昆明樊丘沐商贸有限公司), operating as Datasong. By accessing our website, submitting a contact form, or engaging our professional services, you confirm that you have read, understood, and accepted these terms in full.

You represent that you are at least the age of majority in your jurisdiction and have the legal capacity to enter into this agreement. If you are accessing the website or services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these terms.

We reserve the right to refuse service to anyone for any reason at any time. Your continued use of the website following any modifications to these terms shall constitute your acceptance of the revised terms.

2. Description of Services

Datasong provides professional computer systems design and related services within the Professional, Scientific, and Technical Services sector. Our offerings include but are not limited to systems architecture consulting, cloud infrastructure planning, network design and engineering, data integration services, cybersecurity planning, technical consulting, DevOps automation, and system audits.

All services are provided on a professional basis and are tailored to the specific requirements of each client engagement. The scope, deliverables, timeline, and fees for any service engagement will be set forth in a separate written agreement, proposal, or statement of work executed by both parties. In the event of any inconsistency between these Terms of Service and a separately executed agreement, the separately executed agreement shall prevail.

We strive to ensure that the information on our website is accurate and up to date. However, we do not warrant that product descriptions, service descriptions, or other content on the site are complete, reliable, current, or error-free.

3. Eligibility and Account Registration

To use certain features of our website or to engage our services, you may be required to provide personal or business information. You agree to provide accurate, current, and complete information and to update such information promptly if it changes.

You are responsible for maintaining the confidentiality of any login credentials or account identifiers associated with your use of our services. You agree to accept responsibility for all activities that occur under your account. Datasong shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

We reserve the right to suspend or terminate your access to the website and services if we reasonably believe that the information you have provided is inaccurate, incomplete, or fraudulent.

4. User Obligations and Conduct

By using our website and services, you agree to conduct yourself in a professional and lawful manner at all times. You shall not use the website or services for any purpose that is illegal, harmful, or contrary to these terms. Your use must not interfere with the operation of the website or infringe upon the rights of others.

You are solely responsible for the accuracy and legality of all information, data, and materials you submit, upload, or otherwise transmit through the website or in connection with our services. You agree not to submit any material that contains viruses, malware, or any other harmful code that could damage, disable, or impair the website or our systems.

If you engage our professional services, you agree to cooperate with our team in good faith, provide timely access to necessary information and systems, and respond to reasonable requests for feedback and approvals during the course of the engagement.

5. Intellectual Property Rights

The website, including all content, features, and functionality, is owned by Kunming Fanqiumu Trading Co., Ltd. and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall look and feel of the site.

The Datasong name, logo, and all related names, trademarks, service marks, and trade dress are proprietary marks of the company. You may not copy, imitate, modify, or use these marks without our prior written consent. All other trademarks appearing on the website are the property of their respective owners.

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for your personal and internal business purposes. This license does not grant you any right to reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the website without our express written permission.

For client-specific deliverables produced during a services engagement, the ownership, licensing, and usage rights of work product will be governed by the terms of the applicable service agreement, proposal, or statement of work executed between the parties.

6. User-Generated Content

You may have the opportunity to submit, post, or transmit content through our website or in connection with our services, including through the contact form, email communications, and other interactive features. By submitting content, you grant Datasong a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing our services and operating our business.

You represent and warrant that you own or have the necessary rights and permissions to submit the content and to grant the license described above. You further warrant that your content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

Datasong does not endorse any user-generated content and assumes no responsibility for its accuracy or reliability. We reserve the right, but have no obligation, to monitor, edit, or remove any user content at our sole discretion.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities while using our website or services:

• Violating any applicable local, national, or international law or regulation
• Attempting to gain unauthorized access to our servers, systems, or data, or interfering with the proper functioning of the website through hacking, password mining, denial-of-service attacks, or any other means
• Using automated means such as bots, scrapers, or spiders to access or collect data from the website without our prior written permission
• Uploading or transmitting viruses, worms, Trojan horses, ransomware, or any other material that is malicious or technologically harmful
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
• Engaging in any activity that could damage, disable, overburden, or impair our website or interfere with any other partys use of the website
• Harassing, threatening, discriminating against, or otherwise targeting any individual or group based on protected characteristics
• Using the website for any fraudulent, deceptive, or misleading purpose

We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibited activities, including reporting suspected violations to law enforcement authorities.

8. Fees and Payment Terms

Fees for our professional services are determined on a per-engagement basis and will be outlined in the applicable proposal, statement of work, or service agreement. Unless otherwise specified in a separate written agreement, all fees are quoted in United States Dollars and are exclusive of applicable taxes, which shall be the responsibility of the client.

Payment terms, including due dates, accepted payment methods, and any applicable late payment penalties, will be specified in the relevant service agreement. Datasong reserves the right to suspend or terminate services if payment is not received in a timely manner as specified.

For any free content or resources provided through our website, we reserve the right to modify, suspend, or discontinue such offerings at any time without prior notice and without liability to you.

9. Termination and Suspension

These Terms of Service remain in effect until terminated by either party. You may terminate these terms at any time by discontinuing use of our website and notifying us in writing of your intent to terminate any active service engagements in accordance with the terms of the applicable service agreement.

Datasong may terminate or suspend your access to the website and services at any time, with or without cause and with or without prior notice, including if we reasonably believe that you have violated any provision of these terms, engaged in prohibited activities, or created risk or possible legal exposure for the company.

Upon termination, your right to access and use the website shall immediately cease. All provisions of these terms that by their nature should survive termination shall continue in full force and effect, including intellectual property rights provisions, disclaimers of warranty, limitations of liability, and indemnification obligations.

10. Disclaimer of Warranties

The website and all services, content, and materials provided through it are offered on an as-is and as-available basis without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Datasong disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the website will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. We do not warrant that any defects or errors will be corrected, or that the results obtained from the use of the website or services will be accurate or reliable.

You acknowledge that any reliance on the website content or services shall be at your own risk. No advice or information, whether oral or written, obtained from Datasong or through the website shall create any warranty not expressly stated in these terms.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Datasong, its affiliates, directors, employees, agents, or licensors be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the website or services, regardless of the legal theory asserted, even if Datasong has been advised of the possibility of such damages.

The total liability of Datasong for any claims arising out of or relating to these terms or your use of the website and services shall not exceed the greater of one hundred United States Dollars or the total amount paid by you for the specific service giving rise to the claim during the twelve-month period preceding the event.

Some jurisdictions do not allow the exclusion or limitation of certain damages or the limitation of implied warranties. In such jurisdictions, the liability of Datasong shall be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Datasong, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including reasonable legal fees, arising out of or related to:

• Your use of and access to the website and services
• Your violation of any term of these Terms of Service
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Your violation of any applicable law, rule, or regulation
• Any content you submit, post, or transmit through the website or services

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms or any services provided hereunder.

For any disputes not subject to the arbitration provision below, you consent to the exclusive jurisdiction and venue of the courts located in Kunming, Yunnan Province, China. You waive any objection to such venue based on forum non conveniens or any other ground.

14. Dispute Resolution

Datasong is committed to resolving disputes in a fair and efficient manner. Before initiating any formal legal proceeding, we encourage you to contact us directly at feedback@datasong.buzz to discuss your concerns and seek an amicable resolution.

If a dispute cannot be resolved informally within sixty days, either party may refer the dispute to binding arbitration administered by a recognized arbitration institution in accordance with its rules. The arbitration shall be conducted in the English language and held in Kunming, China, unless the parties mutually agree on an alternative location or format, including virtual proceedings.

The arbitration shall be conducted on an individual basis. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. The arbitral award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

15. Changes to These Terms

Datasong reserves the right to modify, amend, or replace these Terms of Service at any time and in our sole discretion. When we make material changes, we will post the updated terms on this page and revise the Last Updated date at the top of the document. We may also provide additional notice through the website, by email, or through other reasonable means.

It is your responsibility to review these terms periodically for changes. Your continued use of the website and services after any modification constitutes your acceptance of the revised terms. If you do not agree to the modified terms, you must discontinue use of the website and services.

For clients with active service engagements, material changes to these terms shall not retroactively alter the terms of any existing written service agreement without the mutual consent of both parties.

16. Severability and Waiver

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

The failure of Datasong to exercise or enforce any right or provision in these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Datasong. A waiver of any breach of these terms shall not be deemed a waiver of any subsequent breach.

These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Datasong concerning your use of the website and services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or your use of our website and services, please contact us using the information provided below. We value your feedback and will strive to respond to all inquiries promptly.

• Company Name: Kunming Fanqiumu Trading Co., Ltd. (昆明樊丘沐商贸有限公司)
• Registered Address: Room 1410, 14th Floor, Guolian Building, No. 84 Dongfeng East Road, Panlong District, Kunming 650000, China
• Email: feedback@datasong.buzz
• Phone: +1 (737) 973-3766
• Website: https://www.datasong.buzz