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Gemini License and Service Agreement

Welcome to use Gemini App and services!

To use Gemini (hereinafter referred to as "the software") and services, you shall read and comply with the Gemini license and services agreement (hereinafter referred to as "the agreement").Please be sure to carefully read and fully understand the contents of the terms, especially the terms of exemption or limitation of liability, and a separate agreement for the opening or use of a service, and choose to accept or not to accept. Restrictions and disclaimers may be in bold to alert you.

You have no right to download, install or use the software and related services unless you have read and accepted all the terms of this agreement. By downloading, installing, using, obtaining your Gemini account, logging in, etc., you are deemed to have read and agreed to the above agreement.

If you are under the age of 18, please read this agreement and other above agreements in the presence of a legal guardian, and pay special attention to the terms of use for minors.

 

1.Scope of agreement

 

1.1 The scope of the agreement applies to the subject

 

This agreement is between you and Gemini regarding your downloading, installing, using and copying the software and using Gemini related services.

 

1.2 Relationship and conflict clauses

This agreement shall be deemed as a supplementary agreement to the Gemini service agreement and shall be an integral part thereof and shall constitute a unified whole thereof. In case of any conflict between this agreement and the foregoing contents, this agreement shall prevail

This agreement also includes relevant agreements and business rules about the service that Gemini may continuously publish. The above content, once officially released, shall be an integral part of this agreement and you shall also abide by it.

 

2. About the service

 

2.1 The content of this service

 

The service content refers to the cross-platform VPN communication encryption tool provided by Gemini to users (hereinafter referred to as "Gemini"), which supports single person and multiple people to participate. On the basis of Internet ISP's communication service, it also provides users with software license and services of encrypted point-to-point communication and other functions or contents (hereinafter referred to as "the service").

 

2.2 The form of the service

 

2.2.1 To use the service, you need to download the Gemini client software, for which Gemini gives you a personal, non-transferable and non-exclusive license. Gemini android client, ios client, Windows client and Mac client need to log in through the account. You may use these software and services only for the purpose of accessing or using the service.

 

2.2.2 The Gemini client software in the service may provide multiple application versions including but not limited to iOS, Android, Windows Phone, Symbian, BlackBerry, Windows, Mac, etc. Users must choose the software version matching the installed terminal device.

2.3 Scope of this service license

 

2.3.1 Gemini grants you a personal, non-transferable and non-exclusive license to use the software. You can install, use, display and run this software on one or more terminal devices for non-commercial purposes.

 

2.3.2 You may make a copy of the software for the purpose of using the software and services for backup purposes only. The backup copy must contain all copyright information contained in the original software.

 

2.3.3 All other rights not expressly granted under this section and other terms of this agreement shall remain with Gemini and you shall obtain Gemini's written consent to exercise such rights. Gemini's failure to exercise any of the foregoing rights does not constitute a waiver of that right.

 

3.Software acquisition

 

3.1 You can get the app directly from Gemini's website or from a third party authorized by Gemini.

3.2 If you obtain the software from a third party without Gemini's authorization or install the program with the same name as the software, Gemini cannot guarantee that the software can be used normally and will not be responsible for the losses caused to you.

 

4. Software installation and uninstallation

 

4.1 Gemini may have developed different versions of the software for different terminal devices, so you should choose the appropriate version to download and install according to the actual situation.

 

4.2 After downloading the installer, you need to follow the steps the program prompts to install it correctly.

 

4.3 To provide better and safer services, Gemini may recommend you to install other software when this software is installed. You can choose to install or not to install.

 

4.4 If you no longer need to use this software or need to install a new version of the software, you can uninstall. If you would like to help Gemini improve its products and services, please tell us the reason for the unisntalling.

 

5. Software update

 

5.1 In order to improve the user experience and improve the service content, Gemini will constantly strive to develop new services and provide you with software updates from time to time (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.).

 

5.2 In order to ensure the security and consistency of functions of the software and services, Gemini has the right to update the software without special notice to you, or to change or limit the effect of some functions of the software.

 

5.3 After the new version of the software is released, the old version of the software may not be available. Gemini does not guarantee that the old version of the software will continue to be available and the corresponding customer service, please check and download the latest version at any time.

 

6. User personal information protection

 

6.1 Protecting users' personal information is a basic principle of Gemini, and Gemini will take reasonable measures to protect users' personal information. Gemini will not disclose personal information of users to any third party without the permission of users, except in cases prescribed by laws and regulations. Gemini USES professional encryption to store and transmit relevant information to ensure the security of users' personal information.

 

6.2 When you register your account or use the service, you need to provide some necessary information. The people nearby feature requires you to agree to use your location information; Mobile phone contacts matching function requires you to authorize access to mobile phone contacts, etc. If national laws and regulations or policies have special provisions, you need to provide real identity information. If you provide incomplete information, you will not be able to use the service or be restricted in the use process.

 

6.3 In general, you can browse and modify your submitted information at any time, but for security and identification reasons (such as number appeal service), you may not be able to modify the initial registration information and other verification information provided at the time of registration.

 

6.4 Gemini will use various security technologies and procedures to establish sound management systems to protect your personal information from unauthorized access, use or disclosure.

 

6.5 Gemini will not disclose your personal information to any company, organization or individual other than Gemini without your consent, except as otherwise provided by laws and regulations.

6.6 Gemini attaches great importance to the protection of minors' personal information. If you are a minor under the age of 18, you should obtain the written consent of your parents or legal guardian before using Gemini's services.

6.7 For more information about how Gemini collects, Uses, stores and protects your personal information and what rights you have, you can also read the Gemini privacy protection guidelines.

 

7. Subject rights and obligations clause

 

7.1 Account usage specification

 

7.1.1 You need to register a Gemini account before using the service. Gemini account can be registered by mobile phone number, and can be bound to the email account after successful registration. If you use your email account for binding, please use the email account that is not bound to the Gemini public platform account .Gemini has the right to change the way of account registration and binding according to user requirements or product needs. As for the specific rules of your account, please abide by the "Gemini account rules", "Gemini personal account use specifications", relevant account use agreements and special rules issued by Gemini for this purpose.

 

7.1.2 The ownership of Gemini account belongs to Gemini company. After the user completes the registration procedure, he/she only gets the right to use the Gemini account, and the right to use the account only belongs to the initial registrant. At the same time, the initial applicant shall not grant, borrow, rent, transfer or sell the Gemini account or otherwise license the non-initial applicant to use the Gemini account. Non-initial registrants may not use the Gemini account by way of gift, inheritance, lease, transfer or any other means.

 

7.1.3 The user has the responsibility to properly keep the security of the registered account information and the account password, and the user needs to bear the legal responsibility for the behavior under the registered account and password. User agrees not to disclose account and password information to others under any circumstances. When you suspect that someone else is using your account, you should immediately notify Gemini.

 

7.1.4 When users register their Gemini account with their mobile phone number, the system will automatically match the Gemini number for you. You can set the Gemini number, but only once.

 

7.1.5 If the user does not log in the account for a long time after registering the Gemini account, Gemini has the right to recover the account, so as to avoid the waste of resources. Any losses caused thereby shall be borne by the user.

 

7.2 User notes

 

7.2.1 You understand and agree that in order to provide you with effective services, the software will utilize your terminal's processor and bandwidth and other resources. In the process of using the software, data traffic may be incurred. The user shall learn about relevant information from the operator and bear relevant costs by himself.

7.2.2 You understand and agree that certain functions of the software may let the third party know the user's information, for example, the Gemini Shared account of the user, and the user should fully understand the product functions and information protection strategies of other software or hardware before making the choice.

7.2.3 When you use a particular service of the software, the service may have separate agreements, relevant business rules, etc. (hereinafter referred to as "separate agreements"). Please read and agree to the relevant separate agreements before using the service.By using the foregoing specific services, you are deemed to have accepted the relevant separate agreement.For example, if you need to use Gemini to pay for related services (including top-up and payment), you need to read and abide by the "Gemini payment user service agreement";If you use Gemini to pay for related services, you are deemed to accept the "Gemini payment user service agreement".

 

7.2.4 You understand and agree that Gemini will use its reasonable commercial efforts to ensure the security of your data storage in the software and services. However, Gemini does not fully guarantee this, including but not limited to the following situations:

 

7.2.4.1 Gemini is not responsible for the deletion or storage failure of relevant data in the software and service.

 

7.2.4.2 Gemini has the right to determine the duration of a single user in the software and service according to the actual situation, and to allocate the maximum data traffic on the server. You can backup the account passwords in the software and service according to your own needs.

 

7.2.4.3 If you stop using the software and services or the services are terminated or cancelled, Gemini can permanently delete your data from the server.Gemini has no obligation to return any data to you after the service is stopped, terminated or cancelled.

7.2.5 When using the software and services, users shall bear the following risks which are beyond Gemini's control, including but not limited to:

 

7.2.5.1 Personal information loss, leakage and other risks that may be caused by irresistible factors;

 

7.2.5.2 The user must select the software version matching the installed terminal equipment, otherwise, any problems or damages caused by the mismatch between the software and the terminal equipment model shall be borne by the user;

7.2.5.3 When users use the software to visit third-party websites, they shall bear the risks that may be caused by third-party websites and related contents.

 

7.2.5.4 The content posted by users is forwarded and Shared by others, so the risks and responsibilities may be brought by such dissemination;

 

7.2.5.5 Gemini login failure, slow page opening and other risks caused by unstable wireless network signal and small wireless network bandwidth.

 

7.3 Third party products and services

 

7.3.1 When you use the products or services provided by the third party of the software, you shall abide by the user agreement of the third party in addition to this agreement.Gemini and the third party shall be respectively liable for the possible disputes within the scope prescribed and agreed by law.

 

7.3.2 By users for Gemini provides a particular service or use of this software, this software may be called the third party system or through a third party or support the use of user access, the result of the use or access is provided by the third party (including but not limited to a third party through Gemini account services provided by the public, or through an open platform access content, etc.), Gemini is no guarantee that through a third party to provide the service and content of safety, accuracy, effectiveness and other uncertain risks, dispute or damage, if caused any has nothing to do with the Gemini,Gemini assumes no responsibility.

 

7.3.3 Third party service providers can through this software to provide you with a product or service, such as you can focus on third-party certified public account, use the third party development of small procedures, to accept the third party through the services offered by a public account (including small program) and the product, or by authorized Gemini login ability to login and use the other Internet services.In this process, a third party service providers may collect, use and store your data or related information, Gemini through the related agreement signed with the third party service provider, Gemini related specification and reasonable product process design, strict with third party service provider to obtain any data you all should abide by the provisions of the relevant laws and regulations, must first get your clear agreement, take necessary data protection measures, rational use and only for the purpose of the product or service your relevant data, to provide you modify, or delete their data,When you stop the service, you must delete all the data and do your best to protect your data and privacy.You should fully understand the terms and policies of third-party products or services before accepting or using them.If you find that any third party service provider has relevant violations, you can complain to Gemini, Gemini will investigate and deal with it.

7.3.4 You understand and agree that the Gemini has the right to decide to this software for commercial purposes, including but not limited to the development, the use of the software part of the service to third parties for promotion, such as Gemini commitment in the process of popularization in strict accordance with the agreement to protect your personal information, at the same time you also can choose according to system Settings screen, refused to receive relevant information.

8. User behavior specification

 

8.1 Information content specification

 

8.1.1 Information content mentioned in this article refers to the user use the software and services produced in the process of production, reproduction, distribution, transmission of any content, including but not limited to, Gemini account picture, name, registration information, such as the user instructions or send text, voice, image, video, expression and other information, and a link to the page, and use other Gemini account or the content of this software and services.

 

8.1.2 You understand and agree that Gemini has always been committed to providing users with a civilized, healthy, standardized and orderly network environment. You shall not use Gemini account or the software and services to make, copy, publish or disseminate the following contents that interfere with the normal operation of Gemini or infringe upon the legitimate rights and interests of other users or third parties, including but not limited to:

8.1.2.1 To publish, transmit, disseminate or store contents prohibited by laws and regulations of the state:

 

(1) violating the basic principles defined in the constitution;

(2) endangering state security, divulging state secrets, subverting state power or undermining national unity;

(3) harming the honor and interests of the state;

(4) inciting ethnic hatred or discrimination and undermining national unity;

(5) sabotaging the state's religious policies and promoting cults and feudal superstitions;

(6) spreading rumors, disturbing social order and undermining social stability;

(7) disseminating obscenity, pornography, gambling, violence, terror or abetting a crime;

(8) insulting or slandering others and infringing upon the lawful rights and interests of others;

(9) inciting unlawful assembly, association, procession, demonstration or gathering to disturb social order;

(10) activities in the name of illegal civil organizations;

(11) failing to meet the requirements of the "seven bottom lines" of laws and regulations, the socialist system, the interests of the state, the legitimate interests of citizens, public order, social morality and fashion, and the authenticity of information;

(12) containing other contents prohibited by laws and administrative regulations.

8.1.2.2 To publish, transmit, disseminate and store contents that infringe upon others' rights of reputation, portrait, intellectual property, trade secrets and other lawful rights;

8.1.2.3 Involving the privacy, personal information or data of others;

 

8.1.2.4 publish, transmit or disseminate harassment, advertising information, excessive marketing information and junk information or any sexual or suggestive information;

8.1.2.5 other information that violates laws and regulations, policies, public order and good customs, social morality, or interferes with the normal operation of Gemini and infringes the legitimate rights and interests of other users or third parties.

8.2 software usage specifications

8.2.1 unless permitted by law or approved by Gemini in writing, you shall not engage in the following behaviors when using the software:

8.2.1.1 delete copyright information on the software and its copies;

8.2.1.2 reverse engineer, reverse assemble, reverse compile the software, or otherwise attempt to discover the source code of the software;

8.2.1.3 use, rent, lend, copy, modify, link, reprint, assemble, publish, publish and set up mirror sites of Gemini's intellectual property rights;

8.2.1.4 operation process of this software or the software release to any terminal data in memory, in the process of the software to run the client and the server interaction data, as well as the necessary to run this software system data, to copy, modify, add, delete, articulated run or create any derivative works, including but not limited to, the use of plug-in, plugins or the Gemini authorized third party tools/service access to the software and related systems;

8.2.1.5 add, delete or change the functions or operating effects of the software by modifying or falsifying the instructions and data in the operation of the software, or operate or disseminate the software and methods for the above purposes to the public, whether for commercial purposes or not;

8.2.1.6 log in or use Gemini software and services through third-party software, plug-ins, plug-ins and systems not developed or authorized by Gemini, or produce, publish and disseminate the above tools;

8.2.1.7 interfere with the software and its components, modules and data by itself or by authorizing others or third-party software;

8.2.1.8 other ACTS not expressly authorized by Gemini.

8.2.2 you understand and agree that, based on user experience, operation security of Gemini or relevant service platform, rules and requirements of the platform, healthy development and other comprehensive factors, Gemini shall have the right to choose the object to provide the service, determine the function setting, and determine the object and scope of function opening, data interface and related data disclosure. The company shall have the right to suspend or terminate the service as the case may be, including but not limited to:

8.2.2.1 violation of laws and regulations or provisions hereof;

8.2.2.2 impacts on service experience;

8.2.2.3 there are safety risks;

8.2.2.4 is similar to or identical to the main functions or functional components of Gemini or its service platform, or can realize the main utility of the above functions or functional components;

8.2.2.5 the interface, style, function, description or user experience of Gemini is similar to Gemini or its service platform, which may cause Gemini users to believe that the functions or services used by Gemini come from Gemini or are authorized by Gemini;

8.2.2.6 violate Gemini or its service platform operation principles, or fail to meet Gemini's other management requirements.

8.3 service operation specification

Unless permitted by law or approved in writing by Gemini, you are not allowed to:

8.3.1 submit or publish false information, or impersonate or use the name of others;

8.3.2 inducing other users to click on the link page or share information;

8.3.3 fabricating facts or concealing the truth to mislead or deceive others;

8.3.4 infringement of others' rights of reputation, portrait, intellectual property, trade secrets and other legitimate rights;

8.3.5 use Gemini account and any functions, as well as the third-party operation platform to promote or promote each other without Gemini's written permission;

8.3.6 use Gemini account or the software and service to engage in any illegal and criminal activities;

8.3.7 make and publish methods and tools related to the above behaviors, or operate or disseminate such methods and tools, whether for commercial purposes or not;

8.3.8 other behaviors that violate laws and regulations, violate the legitimate rights and interests of other users, interfere with the normal operation of the product or Gemini does not expressly authorize.

8.4 Take responsibility for your actions

You fully understand and agree that you are responsible for all your actions under your registered account, including any content, comments, thumb up, recommendations, etc., and any consequences arising therefrom.You shall make your own judgment on the content of the service and bear all risks arising from the use of the content, including risks arising from reliance on the correctness, completeness or practicability of the content.Gemini is unable and will not be liable for any loss or damage arising from the foregoing risks.

8.5 default treatment

8.5.1 if Gemini find or receive others to report complaints or user violates this agreement, the related contents in the Gemini shall have the right at any time without further notice to delete, block, and regard plot behavior on account including but not limited to, warning, restrict or ban the use of some or all of the functions, account banned until cancellation penalty, and deal with the results announcement.

8.5.2 you understand and agree that the Gemini has the right to according to the reasonable judgment of violation of the relevant laws and regulations or the provisions of this agreement for punishment, in violation of any user to take appropriate legal action, according to the laws and regulations to save the information reported to the relevant departments, such as user alone shall bear all the legal responsibilities arising therefrom.

8.5.3 you understand and agree that you shall be solely liable for any claim, demand or loss claimed by a third party due to your violation of this agreement or relevant terms of service;If Gemini suffers a loss as a result of this, you should also compensate for it。

 

9.Intellectual property declaration

 

9.1 Gemini is the intellectual property right holder of the software.All the software copyright, trademarks, patents, trade secrets and other intellectual property rights, and all of the information content associated with the software (including but not limited to text, images, audio, video, graphics, interface design, layout, framework and relevant data or electronic documents, etc.) are affected by the laws and regulations of the People's Republic of China and the relevant international treaties to protect, Gemini enjoy the intellectual property rights, but the obligee's rights in accordance with the law shall be excepted.

9.2 without the written consent of Gemini or the relevant right holders, you shall not implement, utilize or transfer the above intellectual property rights by yourself or by any third party for any commercial or non-commercial purposes.

9.3 all contents uploaded and released in the process of using the software and service shall not transfer intellectual property rights, portrait rights and other rights due to the uploading and publishing.At the same time, you understand and agree that Gemini USES, to the extent permitted by law, the specific public and non-confidential content (such as "video dynamic" and "selfie emoji") released by Gemini for the purpose of the product, including but not limited to storing, playing to relevant users, obtaining and reusing by relevant users, etc.

10. terminal security responsibility

10.1 you understand and agree that the software, like most Internet software, may be affected by a variety of factors, including but not limited to user reasons, network service quality, social environment, etc.May also be subject to a variety of security issues, including but not limited to the illegal use of user data by others, real harassment;Users may download and install other software or visit other websites that may contain viruses, trojans or other malicious programs that threaten the security of your terminal equipment information and data, thereby affecting the normal use of the software, etc.Therefore, you should strengthen information security and personal information protection awareness, pay attention to password protection, so as to avoid losses.

10.2 you shall not create, publish, use or disseminate malicious programs used to steal Gemini accounts and other people's personal information and property.

10.3 it is the common responsibility of Gemini and you to maintain the security and normal use of the software. Gemini will take reasonable and prudent technical measures to protect the information and data security of your terminal equipment in accordance with the industry standards, but you acknowledge and agree that Gemini cannot provide full guarantee for this.

10.4 Under no circumstances should you be credulous about borrowing money, asking for passwords or other network information involving property.If property operation is involved, please make sure to verify the identity of the other party first, and please always pay attention to Gemini's tips on preventing fraud crimes.

 

11.Third-party software or technology

11.1 the software may use third-party software or technology (including open source code and public domain code, etc., which may be used by the software, the same below), and such use has been legally authorized.

11.2 the software if you use the third party software or technology, Gemini will be in accordance with the stipulations of the relevant laws and regulations or the relevant agreement or other documents, may through the appendix of this agreement, in the software installation package specific folders in the packaging, or through the form of open source software page display, they might be to "software license agreement", the "license agreement", "open source license" or other forms to express.The foregoing relevant agreements, other documents and websites presented in various forms are integral parts of this agreement and have the same legal effect as this agreement. You shall comply with these requirements.If you fail to comply with these requirements, the third party or state agency may bring a lawsuit, fine or other sanctions against you and ask Gemini for assistance, and you shall bear the legal responsibility by yourself.

11.3 any disputes caused by the third-party software or technology used in the software shall be settled by the third party, and Gemini shall not assume any responsibilities.Gemini does not provide customer service support for third-party software or technology. If you need support, please contact a third party.

12.Miscellaneous

12.1 by using the software, you are deemed to have read and agreed to be bound by this agreement.Gemini reserves the right to amend the terms of this agreement if necessary.You can check the terms of the agreement in the latest version of the software.If you continue to use the software after the terms of this agreement are changed, you shall be deemed to have accepted the revised agreement.If you do not accept the revised agreement, you should stop using the software.

12.2 this agreement is made in Singapore.

12.3 the formation, effectiveness, performance, interpretation and dispute resolution of this agreement shall be governed by the laws of mainland China (excluding conflict laws).

12.4 any dispute or dispute between you and Gemini shall first be settled through friendly consultation;If no agreement can be reached through negotiation, you agree to submit the dispute or dispute to the people's court with jurisdiction in the place where this agreement is signed.

12.5 the headings of all terms hereof are for the convenience of reading only and have no actual meaning. They cannot be used as the basis for interpretation of the meaning hereof.

12.6 this agreement may be executed in multiple languages including Chinese and English. In case of any conflict between the Chinese version and the version in other languages, the Chinese version shall prevail.

12.7 if the provisions hereof are partially invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and binding upon both parties.

(End of License and service agreement)