Songyuan Yanhao Technology Co., Ltd.
Unit 1602, Building 3, Lanyuan Duhui Community, Binjiang East Road, Ningjiang District, Songyuan City, Jilin Province, 131000, China
Email: support-team@endlesstide.buzz
Phone: +17653559919
These Terms of Service govern your use of the Endless Tide website (endlesstide.buzz) and any related services provided by Songyuan Yanhao Technology Co., Ltd. (referred to as we, us, or our). By accessing this website or engaging our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our website or services.
1 Definitions
Throughout these terms, the following definitions apply:
2 Use of Website
You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the site. Prohibited activities include, but are not limited to:
- Attempting to gain unauthorized access to our systems, user accounts, or data.
- Distributing malicious code, viruses, or any harmful software through our website.
- Engaging in data scraping, automated extraction, or systematic collection of content without our prior written consent.
- Submitting false, misleading, or fraudulent information through our contact forms or communication channels.
- Interfering with the proper functioning of the website, including overloading servers or networks.
3 Service Engagement
All professional services provided by the Company are governed by a separate Service Agreement, Statement of Work, or Order Form signed by both parties. In the event of any conflict between these Terms of Service and a signed Service Agreement, the Service Agreement shall prevail with respect to the specific services described therein.
Our services are provided on a commercial basis and are not intended for consumer use. By engaging our services, you represent that you are a business entity or an individual acting in a professional capacity.
4 Intellectual Property
Unless otherwise specified in a separate agreement:
- Pre-existing IP each party retains ownership of all intellectual property rights in materials created prior to the engagement or developed independently of the project.
- Deliverables upon full payment, the Company grants the Client a non-exclusive, perpetual license to use the custom software, code, and deliverables created specifically for the project. Source code ownership and licensing terms are defined in the applicable Service Agreement.
- Company IP all methodologies, frameworks, libraries, tools, and processes that the Company uses in its general practice but are not specific to any single client project remain the sole property of the Company. This includes pre-existing code libraries, architectural patterns, and internal tooling.
- Website content all text, graphics, logos, and design elements on endlesstide.buzz are the property of Songyuan Yanhao Technology Co., Ltd. and may not be reproduced, distributed, or modified without our written permission.
5 Fees and Payment
Fees for services are as set forth in the applicable Service Agreement or proposal. Payment terms, including schedules, late fees, and acceptable payment methods, are negotiated per engagement. Unless otherwise agreed, invoices are due within 30 days of receipt. Late payments may result in suspension of services and accrued interest at the rate specified in the Service Agreement or the maximum rate permitted by applicable law.
6 Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of the engagement. Confidential information includes, but is not limited to, business plans, technical specifications, source code, financial data, trade secrets, and client lists. Each party shall:
- Use confidential information solely for the purposes of the engagement.
- Limit access to employees and contractors with a need to know who are bound by equivalent confidentiality obligations.
- Not disclose confidential information to third parties without prior written consent, except as required by law.
- Return or destroy all confidential materials upon request or upon termination of the engagement.
These confidentiality obligations survive termination of the Agreement for a period of five years, or indefinitely for trade secrets.
7 Limitation of Liability
To the fullest extent permitted by applicable law, the Company's total liability arising out of or related to these terms or any service engagement shall not exceed the total fees paid by the Client to the Company during the 12-month period preceding the event giving rise to the claim. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or cost of substitute services, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so the above limitations may not apply to you.
8 Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company and its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
- The Client's use of the website or services in violation of these terms.
- Any content, data, or materials provided by the Client that infringe on third-party rights.
- The Client's breach of any applicable law or regulation.
9 Termination
Either party may terminate a service engagement in accordance with the termination provisions set forth in the applicable Service Agreement. In the absence of such provisions, either party may terminate a project engagement with 30 days written notice. Upon termination:
- The Client shall pay for all services rendered up to the effective date of termination.
- Each party shall return or destroy the other party's confidential information as directed.
- Ownership of work product completed up to the termination date shall transfer to the Client upon full payment.
- Sections of these terms that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and governing law) shall remain in effect.
10 Third-Party Services
Our services may incorporate or rely on third-party platforms, tools, or open-source software. We do not control and are not responsible for the terms, privacy practices, or performance of third-party services. Clients are responsible for reviewing and accepting the terms of any third-party services they choose to use as part of a project. We make no warranties with respect to third-party services and disclaim all liability arising from their use.
11 Governing Law and Dispute Resolution
These Terms of Service and any service engagements shall be governed by and construed in accordance with the laws of China, without regard to its conflict of law principles. Any dispute arising out of or related to these terms shall first be submitted to good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC), with the arbitration to take place in Beijing, China, and the language of proceedings to be English. Each party shall bear its own legal fees and costs, and the arbitrator may not award punitive damages.
12 Changes to Terms
We reserve the right to modify these Terms of Service at any time. Changes become effective immediately upon posting to our website. Your continued use of the website or services after any modification constitutes your acceptance of the updated terms. We encourage you to review these terms periodically. Material changes will be communicated through our website or by direct notice to active clients.
13 Entire Agreement
These Terms of Service, together with any signed Service Agreement, Statement of Work, or Order Form, constitute the entire agreement between you and Songyuan Yanhao Technology Co., Ltd. regarding your use of the website and engagement of our services, superseding any prior agreements, understandings, or representations. If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
14 Contact
For questions about these Terms of Service, please contact us:
Unit 1602, Building 3, Lanyuan Duhui Community, Binjiang East Road
Ningjiang District, Songyuan City, Jilin Province, 131000, China
Email: support-team@endlesstide.buzz
Phone: +17653559919