Auto-Renewal Membership Service Agreement
1. Acceptance and Modification of Terms of Service
•1.1 This Agreement is entered into between KcalPic Members (hereinafter referred to as "Members") and KcalPic regarding Members' use of the automatic renewal and authorized deduction service provided by KcalPic (hereinafter referred to as "this Service"). This Agreement describes the rights and obligations between KcalPic and Members regarding the use and related aspects of this Service. "Member" refers to a natural person who has completed all procedures to become a KcalPic member and uses the membership services provided by KcalPic in compliance with the relevant usage rules. This Agreement constitutes a prerequisite for Members to use this Service provided by KcalPic. KcalPic has highlighted relevant clauses that exempt or limit liability through bold text or other reasonable means. Both parties confirm that the aforementioned clauses do not constitute "exemption of one's own liability, aggravation of the other party's liability, or exclusion of the other party's main rights" as stipulated in Article 40 of the Contract Law. Both the User and KcalPic acknowledge the legality and validity thereof. Unless the Member accepts the terms of this Agreement, the Member has no right to use this Service. The Member's choice to use this Service shall be deemed as acceptance of and agreement to be bound by all terms of this Agreement.
•1.2 KcalPic reserves the right to modify the terms of service at any time. Once the terms of service are changed or modified, KcalPic will make an announcement on the relevant page, and the modified content shall take effect and be implemented 10 days after the announcement date. If the Member does not agree with any modification to this Agreement, they may cancel the auto-renewal feature. If the Member continues to use the service, it shall be deemed that the Member has accepted all modifications to this Agreement.
•1.3 Members must have the corresponding legal capacity and capacity for civil conduct when using this Service and be able to independently bear legal responsibilities. If the Member is under 18 years of age, they may only use this Service under the supervision and participation of a parent or other guardian, and their use of this Service shall be deemed to have obtained the approval of their parent or other guardian.
2. Service Description
•2.1 This Service is designed to meet Members' needs for auto-renewal. On the premise that the Member has already activated this Service, in order to avoid losses caused by the Member's failure to renew in a timely manner due to negligence or other reasons, the Member authorizes KcalPic to, when the Member's validity period is about to expire, instruct the payment channel to deduct the fees for the next billing cycle from the Member's own recharged account, third-party payment account bound to the Member's account, bank card, or communication account (collectively referred to as "Account") balance. Billing cycles include but are not limited to monthly, quarterly, annual, etc. (the same applies hereinafter), and Members may choose according to the billing cycles displayed on the KcalPic platform. This Service is premised on the Member having bound their KcalPic member account to the above Account and being able to successfully deduct payments from the said Account.
•2.2 Auto-renewal specifically refers to, based on the premise of Section 2.1, the deduction method by which KcalPic collects the fees for the Member's next billing cycle through the above Account. Members must ensure that KcalPic can successfully deduct from the above Account. Members shall bear the responsibility for renewal failures caused by insufficient deductible balance in the above Account. KcalPic has the right to interrupt/terminate the corresponding membership benefits and services.
•2.3 By choosing to activate auto-renewal, Members are deemed to have authorized KcalPic to issue deduction instructions to the Account and agree that the Account may deduct the fees for the next billing cycle from the Account based on the deduction instructions issued by KcalPic, without verifying the Member's account password, payment password, SMS verification code, or other information. Unless the Member actively and explicitly cancels auto-renewal, the Member's authorization for KcalPic's automatic deduction is irrevocable. Unless otherwise provided by laws and regulations, KcalPic will not refund any fees paid by Members in any manner.
•2.4 When enjoying this Service, Members shall be bound by the full content of the "KcalPic Privacy Policy" and all terms and related sub-agreements, page descriptions, or standard procedures. When Members use this Service, their usage behavior shall be deemed as consent to the terms of service for this Service and all announcements issued by KcalPic regarding this Service. In case of conflict between this Agreement and other KcalPic agreements, this Agreement shall prevail.
•2.5 This Service provided by KcalPic to Members is limited to use on the KcalPic platform. Any act of separating this Service from the KcalPic platform through illegal means such as malicious cracking does not constitute this Service as defined in this Agreement. All legal consequences arising therefrom shall be borne by the perpetrator, and KcalPic will pursue the perpetrator's legal liability in accordance with the law.
3. Rights and Obligations of Both Parties
•3.1 KcalPic is responsible for providing Members with a means to query specific auto-renewal billing information, but is not responsible for printing relevant invoices and/or delivering them to Members.
•3.2 KcalPic will send auto-renewal reminders to Members via text messages or other means before the Member's validity period is about to expire. When deducting the next billing cycle fee from the Member's above Account, the deducted amount will be recorded in the Member's payment records on the day of deduction, and the Member's validity period will be extended accordingly. Once the deduction is successful, KcalPic has the right to immediately collect the fee and does not provide refund services.
•3.3 If errors occur during the deduction process, KcalPic and Members shall closely cooperate to identify the cause, and each party shall bear the losses caused by their own fault. If losses are caused by unequal faults of both parties, each party shall bear corresponding responsibility according to the degree of fault. If losses are caused by joint faults of both parties but the respective faults cannot be distinguished, both parties shall share the responsibility equally.
•3.4 KcalPic may change or modify the relevant service content, rules, and terms of this Agreement based on business development or technology upgrades. KcalPic will notify users of relevant changes or modifications by posting announcements on relevant KcalPic pages or other appropriate locations, but has no obligation to provide individual notifications. The above announcements shall be deemed to have been delivered to the user from the date KcalPic sends them. If multiple notification methods coexist, the delivery time shall be based on the earliest sending time among the above methods. If Members do not agree with the modifications to this Agreement, they may cancel the obtained Service and stop using it. If Members continue to use the services provided by KcalPic, they shall be deemed to have accepted all modifications to this Agreement.
•3.5 This Service is voluntarily chosen by Members to cancel or not. If Members choose not to cancel, they are deemed to have agreed that KcalPic has the right to continuously attempt deductions at irregular intervals according to certain rules. Once the deduction is successful, KcalPic will activate the next billing cycle's membership service for the Member.
•3.6 If the KcalPic service price is adjusted at the time of or before auto-renewal, the current effective price published on the KcalPic platform shall prevail.
•3.7 KcalPic does not charge Members any additional fees for activating this Service, but KcalPic reserves the right to decide whether to charge for this Service itself or adjust the auto-renewal cycle and fees based on business needs or market changes, and will announce such changes on the relevant pages to Members.
•3.8 If Members renew during their membership validity period, the validity period will be extended based on the original service validity period.
•3.9 Members understand and agree that the deduction authorization granted by Members to KcalPic shall be deemed as the Member's own recharge action. If this results in any loss to the Member, the Member will not assert any rights against or pursue any liability from KcalPic and its affiliated companies.
4. Term and Termination of Agreement
•4.1 This Agreement shall take effect from the time the Member chooses to accept or use this Service until the Member terminates this Service/cancels their membership, unless KcalPic announces otherwise.
•4.2 Members have the right to terminate this Service at any time in their account settings. After termination, KcalPic will stop providing this Service to the Member.
•4.3 Auto-renewal deduction instructions that the Member has authorized KcalPic to execute before choosing to terminate this Service shall remain valid. KcalPic will not refund fees already deducted based on such instructions, and Members shall bear the related responsibilities and losses.
•4.4 KcalPic reserves the right to suspend or terminate this Service due to business adjustments, price changes, or other reasons. In the event of such circumstances, KcalPic will notify Members through announcements.
5. Breach of Contract
•5.1 If either party breaches the Agreement, the non-breaching party has the right to obtain compensation or damages through the breach resolution methods agreed upon by both parties.
6. Dispute Resolution and Applicable Law
•6.1 KcalPic and Members shall resolve disputes arising from the performance of this Agreement through friendly negotiation. If negotiation fails, either party has the right to submit the dispute to the People's Court of Yuhuatai District, Nanjing for litigation. The interpretation, validity, and enforcement of this Agreement shall be governed by the laws of the People's Republic of China.
7. Miscellaneous
•7.1 If Members have any questions regarding this Agreement or matters related to KcalPic's auto-renewal service (including inquiries, complaints, etc.), please contact KcalPic via email at gladtoget@163.com. KcalPic will reply to Members as soon as possible after receiving their opinions and suggestions.
•7.2 The headings of this Agreement are for convenience and readability only and do not affect the meaning or interpretation of any provision therein.
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