Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and GZTONGCHEN ("GZTONGCHEN," "we," "us," or "our") governing your access to and use of:

• Our website at gztongchen.com and all related subdomains
• Our mobile applications, including but not limited to: ContractCheck, FilmLab Studio, PracticeLog, SideHustle Tracker, VitalDay, and StockMate (collectively, the "Apps" or "Applications")
• Any related services, content, features, and functionality offered through the foregoing
• Updates, upgrades, new versions, and related documentation

By accessing, downloading, installing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility & Age Restrictions

By using our Services, you represent and warrant that:

1. You are at least 13 years of age (or the applicable minimum age in your jurisdiction, whichever is higher).
2. If you are under 18 years of age, you have obtained verifiable parental or legal guardian consent to use the Services.
3. You have the legal capacity and authority to enter into these Terms.
4. You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country.
5. You are not listed on any U.S. Government list of prohibited or restricted parties.
6. Your use of the Services does not violate any applicable law or regulation in your jurisdiction.

2.1 Age-Specific Provisions

Users in the European Economic Area (EEA), United Kingdom, and Switzerland: You must be at least 16 years of age to use our Services without parental consent, or such other minimum age as may be required by your country of residence.

Users in the United States: You must be at least 13 years of age to use our Services in compliance with the Children's Online Privacy Protection Act (COPPA). For users under 13, parental consent is required.

Users in other jurisdictions: The minimum age requirement is the higher of: (a) 13 years, or (b) the minimum age required by applicable law in your jurisdiction.

Users in the People's Republic of China: The minimum age is 14 years, in compliance with the Personal Information Protection Law (PIPL).

Users in India: The minimum age is 18 years, or such other age as may be required by the Digital Personal Data Protection Act, 2023 (DPDP).

Users in Brazil: The minimum age is 18 years, in compliance with the Lei Geral de Proteção de Dados (LGPD).

3. Account Registration & Security

Some of our Services may require you to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept all risks of unauthorized access to your data and information

You are solely responsible for all activities that occur under your account, whether or not you authorized them.

4. License & App Store Terms

4.1 Limited License

Subject to your compliance with these Terms, GZTONGCHEN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use our website for personal, non-commercial purposes
• Download, install, and use our Applications on devices you own or control, for personal, non-commercial purposes
• Use the features and functionality made available through our Services

4.2 Restrictions on Use

You may not, and may not permit any third party to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any Application
• Modify, adapt, translate, or create derivative works based on the Services
• Distribute, sublicense, rent, lease, or transfer the Applications to any third party
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use the Services for any illegal purpose or in violation of any applicable laws
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Use the Services to develop competing products or services
• Use automated means to access or collect data from the Services

5. App Store Specific Terms

Our Applications are made available through third-party app stores, including Apple App Store, Google Play Store, Huawei AppGallery, and Samsung Galaxy Store. Your use of these Applications is also subject to the respective terms of these platforms.

5.1 Apple App Store

For Applications downloaded from the Apple App Store, the following additional terms apply:

• These Terms are between you and GZTONGCHEN only, not with Apple Inc.
• Apple has no obligation to provide any maintenance or support services for the Applications.
• In the event of any failure of the Application to conform to applicable warranties, you may notify Apple, and Apple will refund the purchase price (if any) for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application.
• Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, GZTONGCHEN (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You must comply with applicable third-party terms of agreement when using the Application (e.g., your wireless data service agreement).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

5.2 Google Play Store

For Applications downloaded from the Google Play Store, the following additional terms apply:

• You acknowledge that these Terms are between you and GZTONGCHEN, not with Google LLC.
• Your use of the Application must comply with the Google Play Developer Distribution Agreement and Google Play Developer Policy.
• Google has no responsibility for the Application or its content.
• You acknowledge that Google is a third-party beneficiary of these Terms.

5.3 Other App Stores

For Applications downloaded from Huawei AppGallery, Samsung Galaxy Store, Amazon Appstore, or any other platform, similar provisions apply as outlined above, with the respective platform operator being a third-party beneficiary.

6. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Services in any way that violates any applicable law or regulation
• Use the Services to transmit any viruses, malware, or other harmful code
• Engage in any activity that interferes with or disrupts the Services
• Attempt to gain unauthorized access to any portion of the Services or other accounts, computer systems, or networks connected to the Services
• Use the Services to harass, abuse, defame, threaten, or intimidate any person
• Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Use the Services for any commercial purpose without our express written consent
• Spam, phish, pharm, pretext, spider, crawl, or scrape the Services
• Use the Services in any manner that could disable, overburden, damage, or impair the Services
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose

7. Intellectual Property Rights

The Services and their entire contents, features, and functionality—including but not limited to text, graphics, images, logos, icons, photographs, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof—are owned by GZTONGCHEN, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, and trade names include GZTONGCHEN, the GZTONGCHEN logo, and individual app names. You may not use such marks without the prior written permission of GZTONGCHEN. All other trademarks not owned by GZTONGCHEN that appear in the Services are the property of their respective owners.

You retain all rights and ownership of your user-generated content. Please see Section 8 below for the limited license you grant to us.

8. User-Generated Content

Our Services may allow you to create, upload, submit, store, send, or receive content ("User Content"). You retain all rights and ownership of your User Content.

8.1 License to User Content

By making User Content available through our Services, you grant GZTONGCHEN a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely in connection with the operation and provision of the Services.

8.2 Representations and Warranties

You represent and warrant that you own or have the necessary rights to submit your User Content and that your User Content does not violate the rights of any third party or any applicable law.

8.3 Content Removal

We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion, particularly if such content violates these Terms or is otherwise objectionable.

9. Advertising & In-App Purchases

9.1 Advertising

Some of our free Applications display advertisements through third-party advertising networks. By using our Applications, you acknowledge and agree that:

• Advertisements may be displayed in various formats including banner ads, interstitial ads, rewarded video ads, splash ads, and native ads
• You consent to the integration of advertising SDKs as detailed in our Privacy Policy
• Some advertisements may be personalized based on your device and usage data (where permitted by law and your settings)
• You may opt out of personalized advertising through device-level settings or in-app controls
• You may optionally watch rewarded video ads in exchange for in-app rewards
• You will not click advertisements for fraudulent or illegal purposes, including click fraud

9.2 In-App Purchases

Some of our Applications may offer in-app purchases ("IAP") such as premium features, subscriptions, or virtual items. When making an IAP:

• Payment is processed through the respective app store (Apple App Store, Google Play Store, etc.) and is subject to their terms
• Purchases are non-refundable except as required by applicable law or platform policy
• Subscription purchases will automatically renew at the end of each billing cycle unless canceled at least 24 hours before the end of the current period
• You can manage and cancel subscriptions through your app store account settings
• Pricing and availability of IAPs are subject to change without notice
• Promotional offers, including free trials, may be offered at our discretion and may convert to paid subscriptions at the end of the trial period unless canceled

9.3 Virtual Items

Any virtual currency, points, or items purchased or earned in our Applications have no real-world monetary value and are non-transferable, non-refundable, and may be revoked at our discretion in case of fraud, abuse, or violation of these Terms.

10. Third-Party Services & Content

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by GZTONGCHEN. We have no control over and assume no responsibility for:

• The content, privacy policies, or practices of any third-party websites or services
• The accuracy, legality, or appropriateness of any third-party content
• Any damages or losses caused by the use of or reliance on any third-party content, goods, or services

We strongly encourage you to read the terms and privacy policies of any third-party websites or services that you visit.

11. Disclaimers & Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

GZTONGCHEN DOES NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from the use of the Services will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Services will meet your expectations
• Any errors in the Services will be corrected

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GZTONGCHEN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GZTONGCHEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from (a) your access to or use of (or inability to access or use) the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL GZTONGCHEN'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO GZTONGCHEN IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless GZTONGCHEN, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Any claim that your User Content caused damage to a third party

14. Termination

14.1 Termination by You

You may terminate these Terms at any time by ceasing to use the Services and uninstalling our Applications.

14.2 Termination by GZTONGCHEN

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms.

14.3 Effect of Termination

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and any associated data (subject to our data retention policies)
• Provisions of these Terms which by their nature should survive termination shall survive
• You will not be entitled to any refund for any fees paid (except as required by law)

15. Dispute Resolution & Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law provisions.

15.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Monroe County, New York, for the resolution of any disputes arising out of or relating to these Terms or the Services.

15.3 Informal Dispute Resolution

Before filing any formal legal action, you agree to first contact us at contact@gztongchen.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or GZTONGCHEN may pursue formal resolution.

15.4 Binding Arbitration (Where Applicable)

For users in jurisdictions where binding arbitration is permitted, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction.

15.5 Class Action Waiver

Where permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15.6 Exceptions

Nothing in this Section 15 limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction for any actual or threatened infringement of intellectual property rights.

15.7 EU & UK Consumer Rights

If you are a consumer based in the European Union or United Kingdom, you may also have the right to bring proceedings in the courts of your country of residence. The European Commission's online dispute resolution platform is available at https://ec.europa.eu/consumers/odr/.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through one or more of the following methods:

• Updating the "Last updated" date at the top of these Terms
• Sending you an email notification (if you have provided us with your email)
• Displaying a prominent notice within the Services
• For app store applications, providing notice through the respective app store

Your continued use of the Services after such notice constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GZTONGCHEN regarding the Services and supersede all prior or contemporaneous communications and proposals on the same subject matter.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

17.3 Waiver

No waiver by GZTONGCHEN of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure of GZTONGCHEN to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and GZTONGCHEN as a result of these Terms or your use of the Services.

17.6 Force Majeure

GZTONGCHEN shall not be liable for any failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or power failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.7 Export Controls

You agree to comply with all applicable U.S. and international export control laws and regulations, including the U.S. Export Administration Regulations and the International Traffic in Arms Regulations.

17.8 Language

These Terms may be translated into other languages for convenience. In the event of any conflict between the English version and a translation, the English version shall prevail.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

GZTONGCHEN
Rochester Innovation Center
Rochester, NY 14604
United States

Email: contact@gztongchen.com
Support: support@gztongchen.com
Legal Inquiries: contact@gztongchen.com (Subject: Legal)