1. Acceptance of Terms
By accessing or using the website located at www.cagun.buzz (the Website) or by engaging any services provided by Cagun, a company duly registered as 合肥擦棍网络科技有限公司 (hereinafter referred to as Cagun, we, us, or our), you agree to be bound by these Terms of Service (the Terms). If you do not agree to all the terms and conditions contained herein, you must immediately cease using the Website and our services.
These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity you represent) and Cagun concerning your access to and use of the Website and our services. You represent and warrant that you have the legal capacity to enter into this agreement and that you are at least eighteen years of age. If you are using the Website or services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Definitions
For the purposes of these Terms, the following definitions shall apply. Services means any and all computer systems design, systems architecture, cloud infrastructure, security engineering, data engineering, DevOps, IT consulting, and related professional services offered by Cagun. Client means any individual or entity that engages Cagun to provide Services. Content means any text, graphics, images, software, code, data, or other materials. Project means any specific engagement for which Cagun provides Services to a Client. Deliverables means any work product, documentation, code, designs, or other materials produced by Cagun in the course of providing Services. Confidential Information means any non-public information disclosed by one party to the other in connection with the Services.
3. Description of Services
Cagun provides professional computer systems design services including but not limited to systems architecture design, cloud infrastructure engineering, security architecture and assessment, data engineering and pipeline design, edge computing solutions, DevOps and site reliability engineering, performance optimization, and IT strategy consulting. The specific scope, deliverables, timeline, and fees for each engagement shall be set forth in a separate written agreement, statement of work, or proposal (each a Service Agreement) executed by both parties.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice to affected Clients. Cagun shall not be liable to any Client or third party for any modification, suspension, or discontinuance of Services in accordance with this provision, provided that any pre-paid fees for discontinued Services shall be refunded on a pro-rata basis.
4. Client Obligations
Clients engaging Cagun for Services agree to cooperate fully and in good faith throughout the engagement. This includes providing timely access to relevant systems, personnel, information, and resources necessary for Cagun to perform the Services. Clients shall designate a point of contact with authority to make binding decisions regarding the Project and shall respond to reasonable requests for information and approvals within agreed timeframes.
Clients are responsible for maintaining appropriate backups of their systems and data before allowing Cagun access for the performance of Services. Clients warrant that they have all necessary rights, licenses, and permissions to provide Cagun with any materials, data, or access required for the Services, and that such provision does not violate any third-party rights or applicable law. Clients shall not use the Services or Deliverables for any unlawful purpose or in violation of any applicable laws or regulations.
5. Intellectual Property Rights
Unless otherwise agreed in a written Service Agreement, all pre-existing intellectual property owned by either party shall remain the sole property of that party. Cagun retains all right, title, and interest in and to its proprietary tools, methodologies, frameworks, libraries, templates, and know-how developed prior to or independently of the engagement with the Client.
Upon full payment of all fees due, Cagun shall assign to the Client ownership of the Deliverables specifically created for the Client under a Service Agreement, subject to Cagun's retention of a perpetual, worldwide, royalty-free license to use any underlying methodologies, algorithms, or reusable components incorporated into such Deliverables. Cagun may include the Client's name and a general description of the Services provided in its portfolio, client lists, and marketing materials, unless the Client objects in writing.
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Cagun, its licensors, or other providers of such material and are protected by Chinese and international copyright, trademark, patent, trade secret, and other intellectual property laws.
6. Confidentiality
Each party agrees to maintain in strict confidence all Confidential Information disclosed by the other party in connection with the Services. Confidential Information shall not include information that was publicly known at the time of disclosure, becomes publicly known through no fault of the receiving party, was independently developed by the receiving party without use of the disclosing party's Confidential Information, or is rightfully obtained by the receiving party from a third party without restriction.
The receiving party shall use the same degree of care to protect the disclosing party's Confidential Information as it uses to protect its own confidential information of like nature, but in no event less than reasonable care. Neither party shall disclose the other party's Confidential Information to any third party without prior written consent, except to its employees, contractors, and agents who have a need to know and are bound by confidentiality obligations at least as protective as those set forth herein.
The confidentiality obligations set forth in this section shall survive the termination or expiration of these Terms and any Service Agreement for a period of five years, or indefinitely with respect to trade secrets and personal data.
7. Fees and Payment Terms
Fees for Services shall be set forth in the applicable Service Agreement and may be structured as fixed-price, time-and-materials, retainer-based, or milestone-based arrangements. Unless otherwise specified, all fees are quoted and payable in United States Dollars (USD). Clients are responsible for all taxes, duties, and levies applicable to the Services, excluding taxes based on Cagun's net income.
Invoices shall be paid within thirty calendar days of the invoice date unless different payment terms are specified in the Service Agreement. Late payments shall accrue interest at a rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is lower. Cagun reserves the right to suspend Services if any invoice remains unpaid for more than forty-five calendar days after its due date, provided that Cagun has given the Client at least ten business days prior written notice of such suspension.
Clients shall reimburse Cagun for reasonable pre-approved out-of-pocket expenses incurred in connection with the Services, including travel, accommodation, and third-party software licensing costs where applicable.
8. Warranties and Representations
Cagun warrants that the Services shall be performed in a professional and workmanlike manner consistent with generally accepted industry standards for computer systems design. Cagun further warrants that its personnel assigned to perform the Services shall have the necessary skills, experience, and qualifications to perform the assigned tasks competently.
If any Services fail to conform to the foregoing warranty, Cagun shall, as its sole obligation and the Client's exclusive remedy, re-perform the non-conforming Services at no additional charge, provided that the Client notifies Cagun in writing of the non-conformity within thirty calendar days after performance of the relevant Services. This warranty is void if the non-conformity results from the Client's acts, omissions, or failure to follow Cagun's reasonable instructions.
Except as expressly set forth in these Terms or any Service Agreement, the Services and the Website are provided on an as is and as available basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Cagun does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Cagun, its affiliates, officers, directors, employees, agents, or subcontractors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or in connection with these Terms, the Website, or the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Cagun has been advised of the possibility of such damages.
Cagun's total aggregate liability arising out of or related to these Terms, the Website, or the Services, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amount of fees actually paid by you to Cagun during the twelve-month period immediately preceding the event giving rise to the claim, or (b) one thousand United States Dollars (USD 1,000). The existence of multiple claims shall not enlarge this limitation.
Some jurisdictions do not allow the exclusion or limitation of certain damages or the limitation of liability set forth above. In such jurisdictions, the liability of Cagun shall be limited to the greatest extent permitted by the applicable law of that jurisdiction.
10. Indemnification
You agree to defend, indemnify, and hold harmless Cagun, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys fees) arising out of or related to your use of the Website or Services, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable law, rule, or regulation.
Cagun shall promptly notify you of any such claim, provide you with reasonable cooperation and assistance in the defense of the claim at your expense, and permit you to assume sole control over the defense and settlement of the claim, provided that you shall not enter into any settlement that imposes any obligation on or admits any liability by Cagun without Cagun's prior written consent.
11. Term and Termination
These Terms shall remain in full force and effect while you use the Website or receive Services from Cagun. Either party may terminate any Service Agreement for material breach by the other party if such breach remains uncured for thirty calendar days after written notice specifying the breach and demanding its cure.
Upon termination of a Service Agreement, the Client shall pay Cagun for all Services performed and expenses incurred through the effective date of termination. Within thirty calendar days after termination, each party shall return or destroy all Confidential Information of the other party upon request, except that each party may retain one copy for legal archive purposes and copies maintained in automatic backup systems.
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification, confidentiality, and governing law provisions.
12. Website Usage Rules
When using the Website, you agree not to engage in any activity that interferes with or disrupts the proper working of the Website, its servers, or networks connected to the Website. You shall not attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website, through hacking, password mining, or any other means. You shall not probe, scan, or test the vulnerability of the Website or any network connected to the Website.
You agree not to use any automated means, including robots, spiders, scrapers, or data mining tools, to access, collect, or harvest information from the Website without our express prior written permission. You shall not upload or transmit any viruses, worms, Trojan horses, or other malicious code that may damage or interfere with the operation of the Website or any user's equipment.
We reserve the right to terminate or suspend your access to the Website immediately and without prior notice for any violation of these Terms, for any conduct that we consider to be harmful to Cagun, its users, or third parties, or for any other reason in our sole discretion.
13. Third-Party Services and Links
The Website may contain links to third-party websites, applications, and services that are not owned or controlled by Cagun. We do not endorse and are not responsible or liable for the availability, accuracy, content, products, or services of such third-party resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or services.
If you access third-party services through links on our Website, the applicable third-party terms and privacy policies shall govern your use of those services. Cagun shall not be a party to any transaction or dispute between you and any third-party service provider. We encourage you to review the terms and policies of any third-party service before use.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms or any Service Agreement if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, storm, or other natural disasters, war, terrorism, riot, civil unrest, government action, epidemic or pandemic, labor strikes or disruptions, internet or telecommunications failures, or power outages (each a Force Majeure Event).
The party affected by a Force Majeure Event shall promptly notify the other party in writing of the event and its expected duration, and shall use commercially reasonable efforts to mitigate the effects of the event and resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than sixty calendar days, either party may terminate the affected Service Agreement without liability.
15. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services, including any question regarding their existence, validity, interpretation, breach, or termination, shall first be attempted to be resolved through amicable negotiations between the parties. The parties shall engage in good faith negotiations within thirty calendar days of either party providing written notice of a dispute.
If the dispute cannot be resolved through negotiation within such thirty-day period, either party may refer the dispute to mediation in accordance with the applicable rules of a mutually agreed mediation center. If mediation is unsuccessful, the parties may pursue any available legal remedies, including litigation in the competent courts as specified in the governing law and jurisdiction section below. Each party shall bear its own costs of negotiation, mediation, and litigation, unless otherwise ordered by a court of competent jurisdiction.
16. Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the People's Republic of China, without giving effect to any choice or conflict of law provision or rule that would require the application of the laws of any other jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any Service Agreement. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the competent courts located in Hefei, Anhui Province, People's Republic of China. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the foregoing, Cagun may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information, and you consent to the personal jurisdiction of such courts for that purpose.
17. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid provision that most closely approximates the original intent and economic effect of the invalid provision.
The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect. If a court finds any provision of these Terms to be excessively broad in scope, duration, or geographic coverage, the parties agree that the court shall reform such provision to make it enforceable to the maximum extent permitted by law.
18. Waiver
No failure or delay by Cagun in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law or equity. Any waiver of any breach of these Terms shall not be deemed a waiver of any subsequent breach of the same or any other provision.
19. Entire Agreement
These Terms, together with any Service Agreements, the Privacy Policy, and any other documents expressly incorporated by reference, constitute the sole and entire agreement between you and Cagun regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
In the event of any conflict or inconsistency between these Terms and the terms of any Service Agreement, the terms of the Service Agreement shall prevail with respect to the specific Services described therein, and these Terms shall otherwise remain in full force and effect. No terms or conditions included in any purchase order, acknowledgment, or other document provided by the Client shall modify or supplement these Terms unless expressly agreed to in writing by Cagun.
20. Amendments
Cagun reserves the right to modify or replace these Terms at any time in its sole discretion. Material changes shall be communicated to registered Clients via email and to all users via a prominent notice posted on the Website. Changes shall become effective thirty calendar days after the date of notification, unless a different effective date is specified in the notice.
By continuing to access or use the Website or Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must cease using the Website and Services. It is your responsibility to review these Terms periodically for changes. The date of the most recent revision is indicated at the top of this page.
21. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Cagun, which consent shall not be unreasonably withheld. Any purported assignment or transfer in violation of this provision shall be null and void. Cagun may freely assign or transfer its rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to confer upon any third party any rights or remedies under or by reason of these Terms.
22. Notices
All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to the receiving party at the address set forth below or to such other address as the receiving party may designate in writing in accordance with this section. Notices to Cagun shall be sent to the contact information listed on the Website.
Notices sent by email shall be deemed given when the email is sent to the recipient's designated email address, provided that no bounce-back or delivery failure notification is received. Notices sent by registered or certified mail shall be deemed given three business days after deposit. Notices sent by an internationally recognized courier shall be deemed given on the date of delivery as confirmed by the courier's tracking system.
For all formal notices and legal correspondence, please direct communications to:
- Cagun (合肥擦棍网络科技有限公司)
- Address: Hefei, Anhui Province, 230000, China
- Email: center@cagun.buzz