Welcome to Wanning Yiyike Technology Co., Ltd. (hereinafter referred to as Yiyike, we, us, or our). These Terms of Service (the Terms) govern your access to and use of our website at www.yiyike.surf (the Website) and the professional services we provide. By accessing or using our Website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access our Website or use our services.
1. Definitions
For the purposes of these Terms:
- Client, You, or Your refers to any individual or entity that accesses the Website or engages our services.
- Services refers to computer system design, system integration, cloud architecture consulting, network security assessment, DevOps automation, data platform construction, technical consulting, and any other professional services offered by Yiyike.
- Agreement refers to these Terms of Service together with any separately executed service agreement, statement of work, or proposal.
- Content refers to all text, images, graphics, code, data, documents, and other materials present on the Website or delivered as part of our Services.
2. Acceptance of Terms
By accessing the Website, submitting a contact form, requesting a proposal, or otherwise engaging with Yiyike, you represent and warrant that:
- You are at least 18 years of age or the age of majority in your jurisdiction.
- If you are acting on behalf of an organization, you have the authority to bind that organization to these Terms.
- You will use the Website and our Services only for lawful purposes and in compliance with these Terms.
- All information you provide to us is accurate, complete, and current.
We reserve the right to modify these Terms at any time. Material changes will be communicated by posting an updated version on the Website and updating the Effective Date. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
3. Description of Services
3.1 Scope of Services
Yiyike provides computer system design and integration services, including but not limited to system architecture planning, cloud migration and management, network security solutions, data platform engineering, DevOps pipeline implementation, and technical strategy consulting. The specific scope, deliverables, timeline, and fees for any engagement will be defined in a separate written agreement, statement of work, or proposal signed by both parties.
3.2 Professional Standards
We commit to performing all Services with the degree of skill, care, and diligence normally exercised by qualified professionals in the computer systems design and integration industry. Unless otherwise agreed in writing, all Services are performed on a best-efforts basis. We do not guarantee specific business outcomes, revenue increases, or cost savings resulting from the implementation of our recommendations or deliverables.
3.3 Third-Party Products and Services
Our Services may involve the recommendation, integration, or configuration of third-party software, hardware, platforms, or services. Yiyike does not manufacture, warrant, or assume liability for third-party products. Any warranties for third-party products are provided solely by the respective manufacturers or vendors, and any claims regarding such products must be directed to those third parties.
4. Client Responsibilities
To enable us to deliver Services effectively, you agree to:
- Provide timely, accurate, and complete information necessary for project execution.
- Grant reasonable access to your systems, infrastructure, personnel, and facilities as required for the performance of Services.
- Designate a point of contact with decision-making authority for project-related matters.
- Review and respond to our deliverables, inquiries, and requests for feedback within agreed timeframes.
- Maintain appropriate backups of your data and systems before we commence any work that may affect them.
- Ensure your own compliance with all applicable laws, regulations, and industry standards relevant to your business operations.
Delays caused by your failure to meet these responsibilities may result in project timeline adjustments and additional fees, which will be communicated to you in advance.
5. Intellectual Property
5.1 Website Content
All Content on the Website, including text, graphics, logos, icons, images, code samples, and the overall design and layout, is owned by or licensed to Yiyike and is protected by applicable intellectual property laws, including copyright, trademark, and trade dress. You may view and temporarily cache Website Content for personal, non-commercial use. Any reproduction, distribution, modification, or public display of Website Content without our prior written consent is prohibited.
5.2 Service Deliverables
Unless otherwise agreed in a written agreement, Yiyike retains ownership of all pre-existing intellectual property, methodologies, tools, frameworks, and know-how used in the delivery of Services. Upon full payment for Services rendered, you receive a non-exclusive, perpetual, royalty-free license to use the deliverables for your internal business purposes. Custom software code developed specifically for you under a services agreement will be subject to the IP provisions of that agreement.
5.3 Client Materials
You retain all ownership rights in any materials, data, or information you provide to us in connection with the Services. You grant us a limited, non-exclusive license to use such materials solely as necessary to perform the Services and as otherwise permitted by our Privacy Policy.
6. Confidentiality
Each party (the Receiving Party) agrees to protect the confidential information of the other party (the Disclosing Party) using the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than reasonable care. Confidential information includes non-public business, technical, and financial information disclosed in connection with the Services. The Receiving Party shall not disclose confidential information to any third party without the Disclosing Partys prior written consent, except:
- To its employees, contractors, or advisors who need to know such information and are bound by confidentiality obligations at least as restrictive as these Terms.
- As required by law, regulation, or court order, provided the Receiving Party gives the Disclosing Party reasonable prior notice where legally permitted.
Confidentiality obligations do not apply to information that is publicly known through no breach by the Receiving Party, rightfully received from a third party without restriction, independently developed without use of confidential information, or known to the Receiving Party prior to disclosure by the Disclosing Party.
7. Fees and Payment
Fees for our Services are set forth in the applicable service agreement, statement of work, or proposal. Unless otherwise specified, payment terms are net 30 days from the date of invoice. All fees are quoted and payable in the currency specified in the applicable agreement, exclusive of applicable taxes. You are responsible for all sales, use, value-added, withholding, and similar taxes imposed on the Services, excluding taxes based on our net income. Late payments will accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
8. Limitation of Liability
To the fullest extent permitted by applicable law, and except for liability arising from gross negligence, willful misconduct, or breach of confidentiality obligations:
- In no event shall Yiyike be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, whether based on contract, tort, negligence, strict liability, or otherwise, arising out of or related to these Terms or the Services.
- Yiyikes total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total fees actually paid by you to Yiyike for the specific Services giving rise to the claim during the 12-month period immediately preceding the event that gave rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Yiyike and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or related to:
- Your breach of any provision of these Terms.
- Your use of the Website in violation of applicable laws or regulations.
- Any third-party claim alleging that materials or data you provided to us infringe upon the intellectual property or other rights of a third party.
- Your negligent or willful misconduct.
10. Disclaimer of Warranties
The Website and its Content are provided on an as-is and as-available basis. To the fullest extent permitted by applicable law, Yiyike disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no representations regarding the accuracy, completeness, or reliability of any Content on the Website. Your use of the Website is at your own risk.
11. Termination
We reserve the right to suspend or terminate your access to the Website at any time, with or without cause, and without prior notice or liability. For ongoing service engagements, termination provisions shall be as set forth in the applicable service agreement. Upon termination of a service engagement, you shall pay all outstanding fees for Services rendered through the date of termination. Provisions of these Terms that by their nature should survive termination, including sections on intellectual property, confidentiality, limitation of liability, indemnification, and governing law, shall survive.
12. Third-Party Links
The Website may contain hyperlinks to third-party websites that are not owned or controlled by Yiyike. We provide these links for your convenience only and do not endorse, monitor, or assume responsibility for the content, accuracy, privacy practices, or terms of such websites. You access any third-party websites at your own risk. We encourage you to review the terms and privacy policies of every website you visit.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation within 30 calendar days, either party may submit the dispute to binding arbitration administered by the Hainan Arbitration Commission in accordance with its then-current arbitration rules. The arbitration shall be conducted in Chinese or English, as mutually agreed, and the arbitral award shall be final and binding. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond that partys reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, epidemic or pandemic, internet or telecommunications failure, or labor disputes (each a Force Majeure Event). The affected party shall promptly notify the other party of the Force Majeure Event and take reasonable steps to mitigate its effects and resume performance as soon as practicable.
15. General Provisions
- Entire Agreement: These Terms, together with any separately executed service agreement and our Privacy Policy, constitute the entire agreement between you and Yiyike concerning the subject matter hereof and supersede all prior or contemporaneous agreements, representations, and understandings.
- Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Yiyike.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
- Relationship of the Parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Yiyike. Each party is an independent contractor.
- Notices: All formal notices under these Terms shall be in writing and delivered to the receiving party at its address set forth in the applicable service agreement, or for the Website at the address listed below. Notices may be sent by email with confirmed receipt, by certified mail, or by recognized courier service.
16. Contact Information
For questions, concerns, or legal notices regarding these Terms of Service, please contact us at:
Wanning Yiyike Technology Co., Ltd.
Unit 603, Building 5, Shouxi Xiyue Wan
Wanning - 571500, Hainan
China (CN)
Email: info@yiyike.surf
Phone: +1 (316) 530-9692
Website: www.yiyike.surf
For more information about how we handle your personal data, please review our Privacy Policy.