DingTalk Terms of Service
Updated on: June 26, 2024
Effective date: July 3, 2024
Welcome to use DingTalk products and services!
Tip: Before using DingTalk Services, You should carefully read and comply with the DingTalk Terms of Service (herein after refer to as this Agreement). Please be sure to read and fully understand the contents of terms and conditions, especially terms of exemption or limitation of liability, dispute resolution and the application of law. Terms of exemption or limitation of liability will be shown in bold type and should be read with emphasis.
When You agree this Agreement by registering a DingTalk account or by creating ae DingTalk enterprise, team or organization in accordance with the instructions on the DingTalk registration page, or by Your actually using the DingTalk Services in a manner permitted by DingTalk, You shall be deemed to have fully read, understood and accepted the whole Agreement, and this Agreement shall become legally binding. You shall not claim that this Agreement is void or request to cancel this Agreement on the grounds that You fail to read this Agreement or fail to obtain the reply of DingTalk to Your inquiry.
If You are under the age of 18, please read this Agreement and other aforementioned agreements with a guardian and pay special attention to the Terms of Use for Minors.
This Agreement may be available in multiple languages. In the event of any inconsistency or conflict between the terms of the language versions, the simplified Chinese version shall prevail.
I. Definitions
1. DingTalk Personal User: It refers to an individual who registers a DingTalk account through a cell phone number and authentication code or authorize a third-party account allowed by DingTalk to login DingTalk, while not joining any DingTalk Enterprise/Organization or using DingTalk Services as an Enterprise/Organization End User (also named as DingTalk Individual User or You).
2. DingTalk Enterprise/Organization User: It refers to the user who creates the DingTalk Enterprise, Team or Organization through the Administrator authorized by an Enterprise/Organization, invite members of the Organization to download and register DingTalk account (or configure Enterprise account for end users) as Enterprise/Organization Users, completes the creation of DingTalk Enterprise/Organization, and have the DingTalk Office application configured, opened, managed and used by the Administrator authorized by the Enterprise/Organization to carry out online mobile office, communication and collaboration. DingTalk Enterprise/Organization Users include DingTalk certified Enterprise/Organization Users and uncertified Enterprise/Organization Users. DingTalk Enterprise/Organization Users include, but are not limited to, legal entities such as legal persons, government agencies, other organizations, partnerships or individual businesses.
3. DingTalk Enterprise/Organization Certification Services: it refers to the service for DingTalk Enterprise/Organization Users meeting certain conditions to submit relevant materials and information online to apply for the DingTalk Enterprise certification. Based on the type of Enterprise/Organization applied and the materials and information submitted by the applicant, DingTalk will carry out audits on its own or through third-party auditing agencies to determine the results and information of the certification of the Enterprise/Organization.
4. DingTalk Certified Enterprise/Organization Users: it refers to those DingTalk Enterprise/Organization Users who follow the certification audit process of DingTalk to screen and verify materials and information submitted by Enterprise/Organization Users or their Administrator or legal representatives through DingTalk on their own or through third-party auditing agencies. As for Enterprises/Organizations having completed DingTalk certificate, DingTalk will be based on the qualification materials submitted by the user to determine the user's certification account name, clarify the identity of the main body, generate the certification logo and certification information and open exclusive rights and interests of the certified enterprise. Undoubtedly, DingTalk has the right to ask for annual certification of certified Enterprises/Organizations, or take the initiative to ask for re-certification. In case of any change of any information of certified Enterprise/Organization Users, these users shall apply to DingTalk for changing the certification.
5. DingTalk Enterprise/Organization Administrator: It refers to the member of the Enterprise/Organization who is authorized or designated by the users of DingTalk Enterprise/Organization to own the administrative authority of DingTalk Enterprise/Organization Users. Administrative authority includes, but is not limited to, managing the address book and organization members of the Enterprise/Organization, setting up sub- Administrator, opening and managing third-party applications on behalf of the Enterprise/Organization, confirming and signing the corresponding DingTalk Online Agreement, and cancellation of the Enterprise/Organization. The Enterprise/Organization Administrator may be one or more persons, referred to as " Administrator or Sub-Administrator".
6. Enterprise/Organization End-users: It refers to the individual user invited by the Administrator and accepting the invitation, submitting the application and having the application approved by the Administrator, invited by the Enterprise/Organization member with the consent from the Administrator and himself/herself to join the DingTalk Enterprise/Organization, abbreviated as "end user". When an enterprise user invites You to join its work platform as an end user, You will receive an invitation to determine whether to join the Enterprise/Organization.
7. Enterprise/Organization Controlled Data: it refers to the information and data related to enterprise users submitted or generated in the process that Enterprise/Organization Users and end users use the DingTalk services, including the information submitted by enterprise users and their Administrator and submitted by end users under the request by enterprise users and their Administrator, the information assigned to end users by enterprise users, and the information submitted by end users to enterprise users to complete the work requirements and fulfill the enterprise's day-to-day management needs. For specific agreements related to the Enterprise/Organization controlled data, please refer to the DingTalk Privacy Policyfor a description of the Enterprise/Organization controlled data.
8. Personal Information Processor: It refers to the organization or individual who may determine the purpose and mode of personal information processing when DingTalk individual users or certified Enterprise/Organization Users carry out the online mobile office, communication and collaboration through DingTalk Services. Specifically, in the DingTalk personal user service scenario, DingTalk is the personal information processor. In the mobile office, communication and collaboration scenarios by Enterprise/Organization Users and their Administrator and end users through DingTalk Services, DingTalk Enterprise/Organization Users are the personal information processor. DingTalk is based on the Administrator's operation and configuration to be commissioned to collect, store, use, processing, transmit, provide, disclose and delete the Enterprise/Organization controlled data (including personal information of end users).
9. Enterprise Account: It refers to the DingTalk certified Enterprise/Organization Users based on human resource management, information security control and other business management purposes, through the DingTalk enterprise account technical services, for end-users to configure the exclusive enterprise account, the enterprise account belongs to the Enterprise/Organization, end-users can log in to the enterprise account to use the DingTalk digital office services, resulting in the data belonging to the Enterprise/Organization to control the data.
II. Contracting Parties
1. This Agreement is an DingTalk Services agreement between DingTalk Individual User, the Enterprise/Organization End User (including Enterprise/Organization Administrator) on one side, and DingTalk Services providers on the other side with respect to the downloading, installation, use and copy of DingTlak APP, as well as the use of DingTalk Services, which is signed in Yuhang District, Hangzhou City, Zhejiang Province, P.RChina.
2. DingTalk Individual Users, DingTalk Enterprise/Organization Users, together with their Administrator and end users, are collectively referred to as "Users" or "You".
3. DingTalk service providers include DingTalk (China) Information Technology Co., Ltd., Dingding Technology Co., Ltd. and other affiliates related to the provision of DingTalk Services, including Alibaba Cloud Computing Ltd. providing cloud storage services and Alipay.com Co., Ltd. leading the provision of wallet-related services. The above DingTalk service providers are collectively referred to as "DingTalk" or "We". Specifically, DingTalk (China) Information Technology Co., Ltd., a company registered in accordance with the laws of the P.R.China, having its register place at Room 527, Building #3, 969 West Wenyi Road, Wuchang Street, Yuhang District, Hangzou, Zhejiang Province, P.R.China.
III. Content and Effect of the Agreement
1. The contents of this Agreement include the text of this Agreement, all policies, rules, statements, notices and tips that have been issued or may be issued in the future, including DingTalk Privacy Policy,DingTalk Convention, DingTalk Enterprise/Organization Certification Norms, and DingTalk Violating Information Disposal Norms,etc. (hereinafter referred to as " DingTalk Rules"). The foregoing DingTalk Rules are legally binding part of this Agreement and have the same legal effect as this Agreement.
2. DingTalk has the right to formulate and modify this Agreement and related DingTalk Rules from time to time as needed, which will be notified in the form of red dots in the DingTalk APP, or in the official website of DingTalk (dingtalk.com) seven (7) days in advance for the public display, and after the completion of that will replace the original agreement and the rules in force. If You do not agree to the modification, You should immediately stop using DingTalk Services; if You continue to use DingTalk Services, it means that You have accepted the modified agreement and rules.
IV. DingTalk Services
(I) Contents of DingTalk Services
1. DingTalk is an online mobile office, communication and collaboration application, and DingTalk Services include the DingTalk APP, the DingTalk Open Platform (open.dingtalk.com), Yida (aliwork.com), DingTalk Video, DingTalk Service Windows, DingTalk Smart Device, DingTalk AI Services, DingTalk Docs, DingTalk audio and video services, and other third party services integrating part of DingTalk's functions/services as a third-party service (namely “Third Party Services”) provided in DingTalk APP and DingTalk official website, collectively referred to as the "DingTalk Services", which shall be subject to the specific form of service realization.
2. This Agreement does not apply to services provided to You by third parties through DingTalk, such as third-party applications opened by Administrator through the DingTalk App Market; payment services such as receipt and payment, transfer, red envelopes, and other payment services realized through the personal Alipay (wallet) and corporate office payment functions of DingTalk client, and other third party AI services (see DingTalk Large Model Platform Service Agreement for details). For service agreements and privacy policies related to services provided to You by third-party service providers through DingTalk, please refer to the agreements of the third-party service providers displayed or interacted with on the DingTalk service interaction page.
3. In the services, DingTalk provides a number of application versions including but not limited to Windows, Mac, iOS, Android and other operating system adaptation services (the version provided by DingTalk shall prevail). Users can choose to install the software version that matches the terminal device. DingTalk will continuously update the version of the application. If the user has registered to use one version of the service, the user can use other versions of the service with the same account, and this agreement automatically applies to all versions of the software and services used by the user.
4. You agree that DingTalk may send and display information (including commercial and non-commercial information) to You by itself or by a third party through message notification, SMS, push, small red dot and other ways, the specific form and frequency of such information is subject to DingTalk. For push notifications, You can switch them on/off in "Me - Settings - New Message Notifications" in DingTalk App.
(II) Form of DingTalk Service
DingTalk Services include services for DingTalk individual users, as well as digital online mobile office, communication and collaboration services for DingTalk Enterprise/Organization Users.
1. DingTalk personal user services
DingTalk personal user service refers to the service used by a personal user who registers through a cell phone number and authentication code the DingTalk account or uses DingTalk allowed third-party account authorization to login DingTalk but not uses the DingTalk services as an Enterprise/Organization End User. DingTalk personal user services include, but are not limited to, the following:
a)Personal information display, including nickname, avatar, cell phone number, gender, birthday, region, personal real person authentication, my family, etc. You can modify and improve your personal information by Yourself through [DingTalk Mobile - Me - Settings - My Information].
b) Instant messaging, including the creation of single chats and group chats, and the use of related group plug-ins in groups and other services.
c) Audio and video services, including voice calls and video calls, etc.
d) Group live broadcast service, in which You can launch group live broadcast as an anchor within the DingTalk group, or be invited by the anchor as a live audience to join the DingTalk group live broadcast to realize online live training and other services.
e) Add friends, in which You can add friends by searching the cell phone number or DingTalk number, scanning DingTalk QR code and other forms, or authorize DingTalk to read Your cell phone address book for You to recommend DingTalk friends.
f) Personal DingTalk Drive, in which You can store the files, data, etc. that You have sent and received using DingTalk Services in the online storage space (subject to the actual situation).
g) DingTalk View, in which You can publish and disseminate content (including text, pictures and videos), comment or reply to others' content through the DingTalk Platform's View function.
h) Other DingTalk personal user services, such as collections, schedule, notes, to-do, medals and other services that can be used without joining the Enterprise/Organization.
2. Dingtalk Enterprise/Organization Services
(1) DingTalk Enterprise/Organization Services refer to the service that the Administrator, on behalf of DingTalk Enterprise/Organization Users, creates DingTalk Enterprise/Organization structure, invites organization members to download and register as DingTalk end users, configures, opens, manages and uses DingTalk office applications to achieve the organizational digitalization and business digitalization of the Enterprise/Organization, also called “DingTalk Office Domain Services”. DingTalk Enterprise/Organization Services include, but are not limited to, the following:
a)erprise Address Book, where the Administrator imports the Enterprise/Organization address book and invites end-users to join.
b)rotection service of certified organizations with the same name, that is, the service which shows certification logo of DingTalk Enterprise/Organization Users to protect the certified organizations from the same name.
c)ngTalk online office services, such as creating and managing address book, instant messaging (single chat and group chat for organization members), audio and video conferencing, intelligent HR management (roster, employee entry and transfer, time and attendance clocking, etc.), intelligent office applications (approval, forms, logs), enterprise DingTalk mail, DingTalk documents (including online editing, knowledge base), enterprise DingTalk drive, service window, DingTalk work card, and other cross-enterprise/organization communication and collaboration.
d) workbench services, that is, the service carries out the configuration, data access and opening of third-party application for the Enterprise/Organization through the DingTalk OA workbench.
e)ingTalk Open Platform services, that is, the service providing DingTalk Open Platform data interfaces (APIs), development tools, development documents and sample code, etc., for Enterprise/Organization Users to build their own applications as developers, and to commission third-party service providers to customize and develop their applications (including micro-applications and miniapps, collectively referred to as “enterprise self-built applications”).
f)ngTalk App Market services, that is, the service that DingTalk Platform operates the DingTalk Open Platform, where third-party application service providers are stationed, audited, and uploaded for distribution of corporate office applications or services (including miniapps, cool applications or other H5 applications) for Administrator to independently choose to open, manage and use third-party application services on behalf of the Enterprise/Organization. Third-party application services are provided by the corresponding third-party application service providers, who bear full legal responsibility for the services; DingTalk, as a technology platform, only provides technical services to the application service providers and does not bear joint and several responsibilities for the services of such application service providers.
g)ingTalk paid value-added services, that is, DING messaging package services, teleconferencing package services, group expansion services, DingTalk disk expansion services, etc., which are paid and charged by the Enterprise/Organization to be consumed and used by the end user within the enterprise recharged package.
h)xclusive DingTalk service, such as the dedicated data interface API service, dedicated packaging service, dedicated enterprise domain account binding service, dedicated data storage service, dedicated security service and dedicated audit service, which are charged by the Enterprise/Organization.
i)ingTalk Smart Device services, that is, DingTalk intelligent office hardware services integrated with DingTalk software services, such as intelligent front desk, intelligent punching, intelligent access control, intelligent routing, and intelligent printing cloud box.
j)DingTalk AI Service refers to the functions and services legally owned and operated by DingTalk, labeled as “DingTalk AI Assistant,” “DingTalk Smart Assistant,” or “DingTalk Magic Wand,” and possessing the ability to generate text, images, applications, and other content (the specific AI service provided online by the DingTalk mobile app shall prevail, hereinafter collectively referred to as “DingTalk AI Assistant” ). For the avoidance of doubt, this agreement does not apply to AI assistant services that DingTalk enterprise organizations build themselves or entrust third-party service providers to customize and develop through the DingTalk Alchemy Furnace large-scale model platform service (hereinafter referred to as “enterprise organization self-built AI assistant services”), or related AI assistant services that third-party application service providers distribute and provide through listing on the DingTalk Assistant Marketplace (collectively referred to as “third-party AI assistant services”). For relevant usage guidelines, please refer to the DingTalk AI Assistant Service Usage Rulesand the DingTalk AI Assistant Personal Information Processing Rules .
Undoubtedly, DingTalk Services also include services for both DingTalk Personal User service attributes and Enterprise/Organization User service attributes, also known as “DingTalk cross-domain services”, such as to-do, schedule, ordinary group chat (specifically refers to ordinary groups, such as both Enterprise/Organization members and non-enterprise members of the communication group), single chat, I chat, DingTalk friends and so on. Data generated by Enterprise/Organization end-users through uploading, entering, releasing, transmitting and storing in the above scenarios may only be recognized as the Enterprise/Organization controlled data after the Enterprise/Organization obtains the authorization of end-users, otherwise DingTalk platform will not share Your above data to Enterprise/Organization Users or their Administrator, see the DingTalk Privacy Policyon the Enterprise/Organization Controlled Data.
(2) Users and Administrator of the Enterprise/Organization understand and agree that before Administrator manage members of the Enterprise/Organization, they should explain to the end-users of the Enterprise/Organization that they have opened DingTalk-related services based on the needs of the enterprise’s human resources management, enterprise office operations, and information security management and control, so as to facilitate full understanding by the members.
(3) Enterprise/Organization Users, Administrator and end users understand and agree:
a)Administrator have the right to manage Your identity as a member of an Enterprise/Organization and related rights and interests based on that identity based on the needs of the enterprise’s human resources management, enterprise office operations and information security control when end users use DingTalk services for the online office, communication and collaboration. When You comply with this Agreement and relevant DingTalk Service specifications, You should use DingTalk Services in accordance with the Enterprise/Organization’s content publishing specifications and information security specifications subject to the actual service.
b)Enterprise/Organization Users need to assume full responsibilities for those self-built and commissioned applications by Enterprise/Organization Users; and Enterprise/Organization Users should assume full responsibilities when opening third-party application services.
c)Settings and actions performed by the Administrator on relevant pages represent the actions of the Enterprise/Organization’s users. If Enterprise/Organization Users have any objections, please manage and resolve the authorization of relevant Administrator or configure the corresponding permissions by Yourself, or contact DingTalk in time to cooperate with the Administrator reset. Except as otherwise provided by law, DingTalk does not assume any responsibility to Enterprise/Organization Users for the authorized acts between Enterprise/Organization Users and the Administrator, or for the Administrator’s settings and operational acts.
(III) Entrusted Data Processing Services
1.
Entrusted Processing of Enterprise Controlled Data
With respect to the opening and use of relevant DingTalk Services by Enterprise/Organization Users and Administrator, DingTalk will process Enterprise/Organization controlled data, including text, images, video, audio, photos, etc., submitted or generated by end users in the course of using DingTalk-related functions/applications, based on the Administrator’s actions and instructions.
2. Entrusted processing of Enterprise/ Organization’s End User’s personal information
With respect to the personal information of end-users involved in the Enterprise/Organization Controlled Data, Enterprise/Organization End Users and their Administrator understand and agree:
(1) Entrusted data processing. The end user’s personal information published and transmitted in the course of the end user’s use of the Enterprise/Organization’s services may be processed by the Enterprise/Organization’s users as processors of personal information based on the necessity to enter into and perform a contract with the end user or the necessity to carry out the management of human resources by means of labor rules and regulations formulated in accordance with the law and labor contracts with the end user signed in accordance with the law, and may be commissioned to be processed by DingTalk on the basis of necessity.
(2) End-user information processing limitations. DingTalk only collects, stores, processes, and transmits Enterprise/Organization controlled data for the purpose of realizing the digital office of the Enterprise/Organization during the period of existence of DingTalk Enterprise/Organization, and based on the manner realized by DingTalk Services. DingTalk will not share the Enterprise/Organization controlled data without the consent of the Administrator.
(3) For the avoidance of doubt, in the enterprise’s self-built application services and other third-party application services, the Enterprise/Organization Users and their Administrator are the processors of the end-users’ personal information, and DingTalk provides the platform technical services for the Enterprise/Organization Users and the third-party service providers but not assume joint and several liability for the third-party application service providers’ processing of the end-users’ information.
3.Regarding the entrusted processing by a DingTalk Enterprise/Organization User for its Enterprise/Organization controlled data together with relevant personal information of employees as end users, DingTalk collects, stores, uses, processes, transmits, provides, discloses, and deletes enterprise controlled data submitted or generated by the Enterprise/Organization end-users during their use of DingTalk’s related functions/applications, based solely on the organizational users’ and Administrator’ actions and instructions regarding uploading, configuring, activating, setting, publishing, transmitting, storing, sharing, deleting, withdrawing, canceling, and other operations on behalf of the organizational entity. This includes all data (including end-users’ personal data), software, devices, text, images, videos, audio, photos, third-party applications, information, and materials uploaded, published, transmitted, stored, shared, withdrawn, or deleted on DingTalk in any format. For the avoidance of doubt, for the purpose of achieving DingTalk services, enterprise and organizational users are the personal information processors, and DingTalk is the entrusted party, automatically entrusting the processing of organizational control data and the personal information of employees as end users solely based on the organizational Administrator’ independent configuration and through DingTalk service functions. For details regarding DingTalk’s entrusted processing of enterprise organization control data and the relevant personal information of its employees as end users, including the data processing roles, data processing purposes and scope, and data security responsibilities, please refer to the DingTalk Enterprise Organization Authentication User Data Entrusted Processing Agreement.
V. Licensed Use of DingTalk Software
1. Authorized use. DingTalk licenses You a non-transferable and non-exclusive license to use DingTalk Services in accordance with this Agreement. You may make a copy of the software to be used only as a backup. The backup copy must contain all copyright information contained in the original software.
2. Restrictions on authorized use. Unless otherwise noted, Your use of DingTalk Services under this Agreement is limited to non-commercial nature. You undertake not to reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of the service or the use of or access to the service for any commercial purpose, including, without limitation, advertising and any other commercial purpose.
3. Reservation of rights. All other rights not expressly granted in this article and elsewhere in this Agreement remain reserved by DingTalk, and You must obtain additional written permission from DingTalk to exercise such rights. Failure by DingTalk to exercise any of the foregoing rights shall not constitute a waiver of such rights.
VI. Software Updates
1. In order to improve the user experience, perfect the content and form of services, DingTalk will continue to strive to develop new services and provide users with software updates from time to time, including the possibility of taking the form of software replacement, modification, functional enhancement, version upgrades and so on.
2. In order to ensure the security of the software and services and the consistency of the function, DingTalk has the right to update the software without special notice to the user, or change or limit some functional effects of the software, and the user needs to download the latest version in a timely manner.
3. The user understands and agrees that DingTalk may notify the user of software updates in the form of announcement and update logs through DingTalk official website and DingTalk client without making a special notice to the user.
VII. Account Registration and Management
You can login and use DingTalk Services by (1) using Your personal cell phone number to register a DingTalk account (also known as the “DingTalk Standard Account”); (2) using other third-party application accounts recognized by DingTalk to login to DingTalk (also known as the “Three-party Authorized Account”); and (3) using an Enterprise Account configured by the Enterprise/Organization (the “Enterprise Account”).
(I) Register DingTalk account by personal cell phone number
1. Individual users without the Enterprise/Organization status, Enterprise/Organization’s Administrator and end users can use the personal cell phone number and verification code to complete the registration of the DingTalk account.
2. You understand and agree that the ownership of the account distributed by DingTalk belongs to DingTalk. After the registration is completed, You only get the right to use but may not transfer or provide others to use Your DingTalk account in any way, otherwise DingTalk has the right to immediately withdraw the account without notice, while You should assume the consequences thereof.
3. You understand and agree that if You have not logged in for more than 12 consecutive months after registering for a DingTalk account, DingTalk has the right to withdraw the account for the purpose of optimizing the management.
4. For the avoidance of doubt, for the account created through the third-party platform to bind the DingTalk account to login and use DingTalk Services, the third-party account should be managed by the third party while DingTalk does not assume any responsibility for the account information. Any disputes arising from such third-party accounts should be resolved with that third party, but in the event that the account information is compromised or stolen, You can still contact us and we will try to help as much as possible. If You login and use DingTalk through the third-party platform account, other than complying with the service agreement and privacy policy of the corresponding third-party service, You should also comply with this Agreement, as well as other DingTalk platform rules.
(II) Distribution of enterprise accounts by DingTalk Enterprise/Organization
1. DingTalk does not support individual users without the Enterprise/Organization status to obtain services by configuring the enterprise account.
2. In the DingTalk certified Enterprise/Organization office scenarios, DingTalk Enterprise/Organization Users based on human resource management and information security control, can, through the enterprise account service, configure the enterprise account (including the enterprise domain account) for Enterprise/Organization End Users to be a tool for the job/in-service personnel of Enterprise/Organization Users to conduct the online mobile office, communication and collaboration. The enterprise accounts configured by DingTalk Enterprise/Organization Users for Administrator and end users belong to the Enterprise/Organization, and Administrator have the right to manage the enterprise accounts on behalf of DingTalk Enterprise/Organization Users, including, but not limited to, configuring the enterprise accounts, checking the login information and data security of the enterprise accounts, and deactivating, blocking, or logging out of the enterprise accounts.
3. The enterprise account is limited to the use of corporate office scenarios, and end-users can create internal groups, add friends within the organization, use the internal DingTalk documents and knowledge base through the enterprise account (collectively referred to as the “internal use of DingTalk organization”); when You use the enterprise account for the Enterprise/Organization’s external communication and collaboration (including, but not limited to, adding external contacts, creating/joining external groups) or use the information release function of the public network (including but not limited to Look and Circles) (collectively referred to as “external use of DingTalk organization”), the Administrator account and end users need to complete the real person authentication of the enterprise account of DingTalk, otherwise You will not be able to carry out the external use of DingTalk organization. If You no longer continue to use Your enterprise account, You may cancel the real person authentication information for that enterprise account on Your own or by contacting the enterprise’s Administrator.
(III) DingTalk Account Rights and liabilities
1. Rights and liabilities of the use of personal account
a) You acknowledge that, at the time You complete the registration process or actually use the services in any other manner permitted by DingTalk, You shall be a natural person, legal person or other organization with full civil rights and the ability to act in a manner appropriate to the civil act performed. If You do not have the aforementioned subjective qualifications, please do not use the services, otherwise You and Your guardian shall be responsible for all the consequences arising therefrom, and DingTalk has the right to cancel (permanently freeze) Your account.
b) You understand and agree that You undertake that the account name You register and the DingTalk number, avatar and profile You set shall not appear illegal and undesirable information, You shall not pretend to be someone else or register for others without permission, register the account or set the DingTalk number in a way that may lead to the misrecognition of other users account or use a name that may infringe the rights and interests of others (including, but not limited to, the suspected infringement of trademark rights and reputation), otherwise DingTalk has the right to reject Your registration, stop the service or withdraw the account, while You shall be responsible for any loss incurred as a result.
c) You understand and agree that the ownership of the DingTalk account belongs to DingTalk, and You only get the right to use after the registration is completed. The right to use the DingTalk account is attributable only to the initial applicant of registration but shall not be transferred or provided to others in any way, otherwise, DingTalk has the right to immediately withdraw the account without notice, while You shall bear the loss of all the data and information generated by Your use of the Service, such as being cleared and lost, as a result of this.
d) You are obliged to keep Your DingTalk account and password in good custody and should not disclose them to others under any circumstances, and You are legally liable for Your behavior under Your DingTalk account. When You suspect that someone else is using Your account, You should notify DingTalk immediately. You need to bear the consequences of data loss, account theft, etc. caused by Your improper management of account passwords and other reasons.
2. Rights and liabilities of the management of Administrator Account
(1) The Administrator Account is an account representing the Enterprise/Organization, and be sure that You have obtained full authorization from the DingTalk Enterprise/Organization User and are able to act on behalf of the DingTalk Enterprise/Organization User. DingTalk has a reason to believe that You have signed and are bound by the appropriate service agreement and privacy policy or other agreements or rules of the same or similar nature with the enterprise or organization You work for, and that we will have no obligation to resolve and will not be liable for disputes arising as a result.
(2) The Administrator account has authorities such as member management, authority management and address book management. Actions and commands implemented by the Administrator account will be assumed by default to represent the will of the Enterprise/Organization. The enterprise Administrator account users are authorized to manage end users under the enterprise account.
(3) Administrator's representations and warranties:
a)When inviting a member of the organization to join the DingTalk Enterprise/Organization, the Administrator should ensure that the basis (e.g., necessary for the performance of the contract to which the individual is a party, necessary for the implementation of human resources management) is fully explained to the member of the organization.
b)Administrator will keep the business secrets of the enterprise known in the process of using DingTalk Services and protect the personal information, personal privacy and other rights and interests of end users.
c)The Administrator shall safeguard the confidentiality of the Administrator account and the security of the information logged into the enterprise OA management workbench, and shall not transfer or provide to others the use of the Administrator identity account in any way.
d)Administrator or sub-Administrator of an Enterprise/Organization User, shall be responsible for Your actions; the consequences of providing or changing services by DingTalk according to Your actions shall also be borne by You, and You shall compensate the losses caused to DingTalk or others as a result.
(4) Administrator are obliged to keep the Administrator account and password in a safe place and should not disclose them to others under any circumstances. When Administrator suspect that someone else is using Your Administrator account, You should notify DingTalk immediately. You should pay attention to improve the security of Your equipment and network, if the Administrator account is stolen, misuse leads to the acquisition of administrative authority by unauthorized persons, etc., You are solely responsible.
3. Rights and liabilities for management of enterprise account
If an Enterprise/Organization User opens and uses the DingTalk exclusive domain account service, You understand and agree:
(1) Enterprise account control. Enterprise accounts are controlled by certified Enterprise/Organization and are owned by Enterprise/Organization Users. The Administrator has the right to manage the enterprise accounts on behalf of Enterprise/Organization Users, including, but not limited to, configuring the enterprise accounts of end users, checking the login information and data security of the enterprise accounts of end users, and deactivating, blocking, or logging out of the enterprise accounts of end users at his/her own discretion.
(2) Information security control. Enterprise/Organization Users have the right to strengthen the information security control capability of enterprise accounts through SDKs, miniapps and other self-built applications of the enterprise. They have the right to issue information security control systems and authorize Administrator to carry out information security control duties on behalf of the employing organization, including, but not limited to, taking information security restrictive measures such as forbidding or withdrawing the release of documents and information, forbidding or withdrawing the addition of contacts or organizations, prohibiting screenshots and downloads, restricting login, freezing accounts, restricting some or all functions based on the degree of violation of laws and discipline.
(3) Content specification control. Enterprise/Organization Users have the right to manage the content generated by end users within the organizational structure using the enterprise account (including but not limited to production, copying, publishing, dissemination); if Enterprise/Organization Users find or receive complaints from others that the content generated by members of the organization has violated the law or the code of conduct of the employees, they have the right to take measures such as deletion and blocking of relevant content at any time without sending a notice, and process the enterprise account depending on the severity of the behavior.
(4) Personal information processing. Enterprise/Organization Users have the right to collect and process the personal information of end users logging in and using the enterprise account as necessary for the performance of the contract or for the implementation of human resources management, and commission DingTalk to process the Enterprise/Organization controlled data and its end users' personal information.
(IV) Account Cancellation
1. Cancellation of individual user account. If You, as an individual user without the status of an Enterprise/Organization, log out of DingTalk or stop using the service, DingTalk has the right to delete the account-related content and information without assuming any responsibility to the user in this regard.
2. Cancellation of Enterprise/Organization. When an Administrator account operates to dissolve an Enterprise/Organization, we will, following the organization dissolution process within the DingTalk client, prompt the Administrator that to dissolve the Enterprise/Organization will result in the deletion of the enterprise controlled data.. Please operate the Enterprise/Organization dissolution process with caution.
VIII. Norms for DingTalk Services
You promise not to use the service for any illegal or inappropriate activity, including but not limited to the following:
(I) Norms for the publication of content
You, as a DingTalk user and content producer, are prohibited from using DingTalk Services to produce, copy, or publish illegal information and external links containing the following content:
1. Those opposing the fundamental principles established by the Constitution;
2. Those endangering national security, leaking state secrets, subverting state power and undermining national unity;
3. Those damaging the honor and interests of the country;
4. Those distorting, vilifying, blaspheming or denying the deeds and spirit of heroes and martyrs, or insulting, slandering or otherwise infringing upon the names, likenesses, reputations or honors of heroes and martyrs;
5. Those promoting terrorism or extremism or inciting to commit terrorist or extremist activities;
6. Those inciting the ethnic hatred and ethnic discrimination and undermining the national unity;
7. Those undermining the state's religious policy and promoting cults and feudal superstitions (religious content should also comply with theNorms for Religious Information Services);
8. Those spreading rumors that disrupt the economic and social order;
9. Those spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
10. Those insulting or defaming others, infringing on their honor, privacy and other legitimate rights and interests;
11. The content published should be positive and healthy with positive values and beneficial to the construction of spiritual civilization, but should not be speculated by faking or brushing the data and traffic. Including but not limited to:
(1) Do not publish information about underperforming artists or celebrity gossip without any evidence, exaggerate facts, create rumors, or make malicious speculations;
(2) Do not provoke conflicts, incite different fan groups to attack each other, or maliciously attack individuals and organizations holding different opinions by stirring up trouble or misinterpreting the intent of the original content;
(3) Do not provoke or create antagonism between fan groups in any way;
(4) Do not publish, buy and sell, without legal authorization, trip information such as flights and hotels of performers, or personal privacy information such as addresses, identity card numbers and telephone numbers;
(5) Do not summon, abet, or incite star fans to raise funds in the name of promoting for the stars, pulling sales, or struggling for the rank, or induce users to go to third-party platforms for fund-raising in the form of external chains, adding groups, or QR codes;
(6) Do not incite or organize fans to disrupt normal social order, such as abusing government reporting channels, disturbing the order of public places, or gathering in groups without approval.
12. Other contents prohibited by laws and administrative regulations.
(II) Norm for the use of software
You promise not to engage in the following behaviors with respect to the software and services:
1. Uploading, posting, e-mailing or otherwise transmitting information about software viruses or other computer codes, files and programs that interfere with, damage or limit the functionality of any computer software, hardware or communications equipment;
2. interfering with or disrupting the service or servers and networks connected to the service, or violating any rules, procedures, policies or regulations regarding networks connected to the service;
3. Adding, deleting, or changing the functions or operating effects of the software by modifying or falsifying instructions or data in the operation of the software, or operating or distributing to the public the software or methods used for the above purposes, regardless of whether these acts are for commercial purposes or not;
4. Logging in or using the software and services, or creating, publishing, or distributing the above tools through third-party software, plug-ins, extras, or systems that are not developed or authorized by DingTalk;
5. Interfering with the software, its components, modules, data, etc., by Yourself, by authorizing others, or by using third-party software.
(III) Norms for behaviors
Except as permitted by law or as otherwise permitted in writing by DingTalk, You may not engage in the following conduct while using the service:
1) Submitting or publishing false information, or impersonating or utilizing the name of another person;
2) Inducing other users to click on linked pages or share information;
3) Falsifying facts or concealing the truth in order to mislead or deceive others;
4) Infringing others' legal rights and interests such as honor, portrait, intellectual property rights and trade secrets;
5) Using the DingTalk account and any function to promote or promote each other without the written permission of DingTalk;
6) Using the DingTalk account or this software and services to engage in any illegal and criminal activities;
7) Producing or distributing methods or tools related to the above behaviors, or operating or disseminating such methods or tools, regardless of whether these behaviors are for commercial purposes or not;
8)Carrying out any behavior that violates laws and regulations, infringes the legitimate rights and interests of other users, interferes with the normal operation of the product and is not expressly authorized by DingTalk;
9) Other behaviors that violate the "seven bottom lines" of compliance with laws and regulations, the socialist system, national interests, the legitimate interests of citizens, public order, social morals and the authenticity of information.
(IV) Responsibility for one's own actions
1. You fully understand and agree that DingTalk users should be responsible for all their own behavior when using DingTalk Services, including any content published by the user, the behavior conducted through DingTalk and any resulting consequences.
2. You shall make Your own judgment on the contents uploaded, posted or transmitted in the service, including possible illegal or improper acts from others, false contents, fictitious information, etc. You shall make Your own judgment and bear the loss caused by it. Unless otherwise provided by law, DingTalk will not be liable for losses resulting from the foregoing risks.
3. If You use the red packets, transfers and other functions provided to You by Alipay in the DingTalk Client, You shall comply with laws and regulations and shall not use such functions in an illegal manner, nor shall You use such functions for the implementation of illegal activities (e.g., illegal gambling, illegal absorption of public deposits, fund-raising fraud, carrying out of pyramid schemes and other illegal and criminal acts, or providing assistance for illegal and criminal acts).
IX. Disposal Specification of DingTalk
1. You agree and accept that DingTalk has the right to supervise Your use of the service, and take corresponding measures in accordance with laws and regulations and relevant provisions of this Agreement, including but not limited to deletion of information, suspension or termination of services, and report to relevant authorities.
2. If You violate laws and regulations, infringe the legitimate rights and interests of third parties, violate this agreement and related rules, DingTalk has the right to verify the content of relevant reports in accordance with relevant laws and regulations, transfer notification, deletion, shielding, as well as to withdraw the account, restrict or terminate the use of some or all of the services and to publicize and report to the competent authorities.
3. If You use the paid services provided by DingTalk, DingTalk has the right to suspend/terminate corresponding services without liability for breach of this contract before You correct the violation.
4. If the content You publish or the behavior You conduct leads to third-party lawsuits, complaints, claims, or lead to any punishment or other adverse consequence to DingTalk, You should assume full responsibility and make DingTalk free from damages, and also compensate losses caused to DingTalk thereof.
5. For more details of the disposal specification of DingTalk, please refer to the DingTalk Violation Information Disposal Specification.
X. Cost of Services
1. Any free trial, free features and services shall not be deemed to be a waiver of DingTalk's right to charge subsequent fees. DingTalk reserves the right to notify You of the charges and the manner of charging by means of announcements on DingTalk's official website or within the specific DingTalk service application 7 days in advance. If You continue to use relevant DingTalk Services, You will need to pay the corresponding fees according to the fee schedule announced by DingTalk.
2. DingTalk has the right to unilaterally adjust the fee standard and the way of charging 7 days in advance according to the actual situation, and notify You in the form of announcement without obtaining Your prior consent.
3. You should pay for the Internet access fee, traffic fee and other communication fee and information fee charged by the third party that may arise from the use of this service.
XI. Third-party Services
1. DingTalk allows third-party apps to be shelved on the DingTalk App Market so that You can open and use third-party apps. DingTalk also cooperates with Alipay to have Alipay provide You with payment-related functions such as receipt and payment, transfer, red packets in the personal wallet (Alipay) and enterprise office payment function in the DingTalk Client. DingTalk introduces telecom operator services for You to use DingTalk Smart Office Phone (dual calling feature). DingTalk accesses to the Dharma Institute algorithm services so that You can use features such as translation and speech-to-text through DingTalk Chat. DingTalk accesses to third-party emoji services in order to facilitate Your use of static/dynamic emoji services.
2. You understand and agree that, except as otherwise expressly provided by law (such as we make adjustments to DingTalk Services and third-party services to pose impacts on third-party application services), DingTalk does not assume responsibility for third-party services.
3. When You use DingTalk through third-party applications or services (such as sharing content to DingTalk), DingTalk may call third-party systems or support Your use or access through third parties, and the results of the use or access are provided by such third parties.
4. You understand and agree that You should comply with the third-party user agreement in addition to the agreements in this Agreement when You use the third-party applications and services in DingTalk Services; in order to achieve the third-party applications and services, the enterprise service Administrator based on the Enterprise/Organization authorization to choose to open the third-party services to provide enterprise address book information to this independent third party. You should fully understand the product features, service agreement and privacy protection policy of the third-party service before choosing to use the third-party service, and then choose whether to open the function and comply with the third-party user agreement.
XII. Suspension or Termination of Services
1. In view of the special nature of Internet services, DingTalk has the right to change the content of the service, and may also suspend or terminate all or part of the service (including free services or fee-based services), and notify You in the form of a public notice on the official website of DingTalk, as well as announcements on external official channels.
2. You understand and agree that DingTalk may regularly or irregularly maintain or overhaul the platform equipment, facilities and hardware and software for providing network services, and DingTalk shall not be liable for any suspension of the paid services for a reasonable period of time as a result of such circumstances after prior notice.
3. If there is one of the following breach of contract, DingTalk has the right to immediately suspend or terminate the service to You, and require You to compensate for the loss:
a) The user violates the obligations of Article 7 of this Agreement on account registration and management;
b) The user fails to pay the corresponding service fee when using the chargeable network service;
c) The user violates the obligations set forth in Article 8 of this Agreement: Norms for DingTalk Services.
XIII. Privacy Policy
1. DingTalk endeavors to take all reasonable physical, electronic and managerial security measures to protect Your information, so that Your information and communications stored in DingTalk will not be leaked, destroyed or lost.We have also adopted strict management of employees or outsourced personnel who may have access to information. DingTalk will take existing technologies to provide appropriate security measures to protect Your information, to provide the reasonable security, and DingTalk will at all times endeavor to do so that Your information will not be leaked, destroyed or lost, but at the same time, please note that in the information network there is no absolutely perfect security measures that please take good care of relevant information.
2. You should keep the equipment, account number and password for using DingTalk and keep the related information and content properly. You are solely responsible for any loss or theft of data due to Your own reasons as well as for any deletion or storage failure of the relevant data in the software and services.
XIV. Intellectual Property Rights
1. You fully understand and agree that, unless otherwise stated by DingTalk, all intellectual property rights (including, but not limited to, copyrights, trademarks, patents, trade secrets, etc.) and related rights in all products, technologies, software, programs, data and other information (including, but not limited to, text, images, pictures, photographs, audio, video, charts, colors, laYouts, electronic documents) contained in the services under this agreement are owned by DingTalk or its affiliates. All intellectual property rights (including but not limited to copyrights, trademarks, patents, trade secrets, etc.) and related rights belong to DingTalk or its affiliates, except for the rights enjoyed by the relevant rights holders in accordance with the law.
2. You should ensure that, unless You obtain the written authorization of DingTalk, for the above rights You shall not (and shall not allow any third party) to implement, including but not limited to, rent, loan, sell, copy, modify, reproduce, compile, publish, publish, reverse compilation, reverse compilation or otherwise found in the source code and other acts.
3. DingTalk's Logo, "DingTalk", "DingTalk Sando", "Ding" and other characters, graphics and their combinations, as well as other logos and names of DingTalk, are registered trademarks of DingTalk and its affiliates in China and other countries/regions. Without the written authorization of DingTalk, no one may display, use or otherwise process in any way (including but not limited to copying, distributing, displaying, uploading, downloading), or indicate to others that You have the right to display, use or otherwise process.
4. The intellectual property rights of all products, services, technologies, programs and their components/names (hereinafter referred to as "technical services") belong to DingTalk or to their right holders.
5. You understand and agree to authorize DingTalk to use Your name, trademark, logo in publicity and promotion, but only to indicate that You belong to our customers or partners.
XV. Limited Liability
1. Services will be provided on an "as is" and "as available" basis. DingTalk makes no promises or warranties as to the validity, accuracy, reliability, stability, completeness and timeliness of the technology and information involved in the services.
2. Regardless of the circumstances, DingTalk shall not be liable for any inability to service or delayed service, data loss or system failure due to network connection failure, equipment failure, communication system failure, power failure, hacker attacks or network attacks, strikes, riots and commotions, fires, natural disasters, wars, governmental acts, international and domestic court orders or third-party inactions.
3. DingTalk shall not be liable for consequential damages (including, but not limited to, loss of profits or interest, or suspension of business), whether foreseeable or not, and regardless of the form of conduct from which it originated.
4. You fully understand and agree that, due to the special nature of the Internet, the information and personal data You share in the service may be copied, reproduced or used for other purposes; You are hereby fully aware of the existence of such risks and confirm that such risks should be borne entirely by You, while DingTalk does not assume any responsibility for this.
XVI. Breach Liability and Compensation
1. If we find or receive a report from others that You have violated the agreement, DingTalk has the right to delete or block relevant content at any time without notice, and take measures including but not limited to restricting, suspending or terminating Your use of the DingTalk account and services, restricting, suspending or terminating Your use of part or all of this service, and pursuing legal responsibility.
2. You agree to indemnify DingTalk and its affiliates in full (including, without limitation, reasonable attorneys' fees) for any claims or demands made against DingTalk and its affiliates by any third party arising out of or in connection with information You upload, transmit or share through the services, Your use of any other features of the services, Your violation of this Agreement, or Your infringement of any rights of another person or any losses incurred by DingTalk and its affiliates as a result of such claims or demands.
XVII. Valid Notification
1. Any notice sent to You by DingTalk may be by email, page announcement, personal reminder, cell phone text message or mail, and such notice shall be deemed to have been served to the user or to have come into effect within 7 days from the date of sending.
2. You agree that any notice You send to DingTalk shall be sent to DingTalk's online or offline contact information, mailing address, email, and other contact information that DingTalk officially announces to the public or informs the user of in the manner described in Article 19, or by using other means of notification that DingTalk recognizes for service.
XVIII. Dispute Settlement and Miscellaneous
1. The interpretation and application of this Agreement, as well as disputes relating to this Agreement, shall be handled in accordance with the laws and regulations of the People's Republic of China, excluding the application of any conflict of laws, and to the jurisdiction of the people's court with jurisdiction in the place where this Agreement is signed.
2. If any provision of this Agreement is deemed invalid or unenforceable, the remaining parts shall remain in force.
3. The fact that DingTalk gives up the rights under this agreement in the user's negligent behavior or breach of contract shall not be regarded as DingTalk's waiver of corresponding rights in later similar negligent behavior or breach of contract by the user.
4. This Agreement shall supersede all prior oral and written agreements, arrangements, understandings and communications between the parties with respect to any matter hereunder.
5. You understand and agree that DingTalk has the right to independently decide the business strategy and according to the business adjustment of all the rights and obligations under this Agreement and transfer to its affiliates, the transfer will be notified in the manner specified in this Agreement.
XIX. Contact Information
You can consult online through [DingTalk Client - Customer Service and Help], contact our customer service staff on the phone through Your exclusive service junior, customer service junior hotline for consultation and service.
You may also choose to contact us by e-mail, the contact information and address are listed below:
DingTalk (China) Information Technology Co., Ltd.
Contact Department: DingTalk User Operation Center
Address: Building D1,Hangzhou Future Sci-tec,Alibaba Center,189 Sikai Road, Wuchang Street, Yuhang District, Hangzhou, Zhejiang Province, P.R.China., 311100.
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