Terms of Service

1. Introduction and Acceptance

Welcome to the website of Kunming Xuming Trading Co., Ltd., located at https://www.xuming.lat (the Site). These Terms of Service (Terms) govern your access to and use of the Site and any services, products, content, or functionality made available through the Site (collectively, the Services). By accessing or using the Site, you agree to be bound by these Terms.

Please read these Terms carefully before using our Site. If you do not agree to all of the terms and conditions contained herein, you must not access or use the Site. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity you represent) and Kunming Xuming Trading Co., Ltd. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply:

• Company (referred to as either the Company, we, us, or our) refers to Kunming Xuming Trading Co., Ltd., located at Room 801, 8/F, Julong Building, 33 Renmin Middle Road, Wuhua District, Kunming, 650000, China (CN).
• Services refers to the website, computer systems design, integrated systems development, technical consulting, and any other services offered by the Company through the Site or otherwise.
• Site refers to the website accessible at https://www.xuming.lat and all associated subdomains.
• User (referred to as either you or your) refers to any individual or entity who accesses or uses the Site or Services.
• Content refers to any text, images, graphics, data, information, software, code, or other material appearing on or transmitted through the Site.
• User Content refers to any content that you submit, post, upload, or otherwise make available through the Site or Services.

3. Eligibility

By using the Site, you represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater. If you are under the age of 18, you may use the Site only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

You further represent and warrant that you have the full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party. The Company reserves the right to refuse access to the Site or Services to anyone at any time for any reason, including violation of these Terms.

4. Account Responsibilities

Certain features of the Site or Services may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information about yourself and to maintain and promptly update your account information to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account. If you believe that your account has been compromised, you must notify us immediately. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

We reserve the right to suspend or terminate your account at any time if we believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if your conduct poses a risk to the Company, other users, or third parties.

5. Services Description

Kunming Xuming Trading Co., Ltd. provides computer systems design and related services, including but not limited to enterprise systems architecture, integrated systems design, software platform development, cloud infrastructure engineering, technical consulting, and systems security assessment. A detailed scope of services will be provided in a separate written agreement for any project engagement.

We strive to ensure that the information on our Site is accurate and up to date, but we make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Site. Any reliance you place on such information is strictly at your own risk.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify users of significant changes to the Services, but we are not obligated to do so.

6. Payment Terms

Fees for our Services will be specified in a separate written agreement, statement of work, or invoice provided to you before the commencement of any project. All fees are quoted and payable in United States Dollars (USD) unless otherwise agreed in writing.

Payment terms, including due dates, late payment penalties, and accepted payment methods, will be detailed in the applicable agreement. Unless otherwise stated, invoices are due within thirty days of the invoice date. Late payments may be subject to interest charges at the rate of 1.5 percent per month or the maximum rate permitted by applicable law, whichever is lower.

You are responsible for any sales, use, value-added, goods and services, or similar taxes applicable to your purchase of our Services, other than taxes based on the income of the Company. If you are exempt from any such taxes, you must provide us with a valid tax exemption certificate.

7. Intellectual Property Rights

The Site and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site except as expressly permitted by these Terms or with our prior written consent.

All trademarks, service marks, trade names, logos, and brand identifiers used on the Site are the property of the Company or their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.

8. User Content

If you submit, post, upload, or otherwise make available any content to or through the Site or Services (User Content), you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating, providing, and improving the Services.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit the User Content and to grant the license described above. You further represent that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party.

We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion. We are not responsible for any User Content and we do not endorse any opinions expressed in User Content.

9. Acceptable Use Policy

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services in any way that violates any applicable federal, state, local, or international law or regulation.

The following activities are expressly prohibited:

• Engaging in any activity that interferes with or disrupts the Site, Services, or servers and networks connected to the Site.
• Attempting to gain unauthorized access to any portion of the Site, the server on which the Site is hosted, or any other systems or networks connected to the Site.
• Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Uploading or transmitting viruses, malware, or any other malicious code that may harm the Site, Services, or other users.
• Engaging in harassment, abuse, defamation, stalking, threats, or any other behavior that may be considered harmful to others.
• Collecting or harvesting any personally identifiable information from the Site without proper authorization.
• Using the Site or Services to send unsolicited commercial communications, spam, or phishing messages.

Violation of this Acceptable Use Policy may result in immediate termination of your access to the Site and Services, and we reserve the right to report any illegal activity to the appropriate law enforcement authorities.

10. Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link on our Site does not imply endorsement by the Company of the linked website or any association with its operators.

11. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of the Company shall be limited to the greatest extent permitted by law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES.

THE AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD 100.00) OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM.

The limitations and exclusions of liability set forth in this section shall apply regardless of the theory of liability, whether based on contract, tort, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.

This indemnification obligation includes, but is not limited to, any claims arising from your User Content, your use of any information obtained from the Site, your violation of any rights of a third party, or your violation of any applicable law or regulation.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You shall not settle any claim without our prior written consent.

14. Termination

We may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site and Services will cease immediately.

If you wish to terminate your account, you may simply discontinue using the Site and Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, we may delete or retain your information in accordance with our Privacy Policy and applicable law. We shall have no liability to you for any termination of your access to the Site or Services.

15. 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 provisions. Any dispute arising out of or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the courts located in Kunming, Yunnan Province, China.

15.1 Informal Dispute Resolution

Before initiating any formal legal proceedings, we encourage you to contact us first to seek an informal resolution. We will work with you in good faith to resolve any dispute or concern you may have regarding these Terms or our Services.

15.2 Arbitration

If a dispute cannot be resolved informally, both parties agree to submit the dispute to binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC). The arbitration shall be conducted in the English language and shall take place in Kunming, China.

15.3 Class Action Waiver

You agree to resolve any dispute with the Company on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company. Any claim you may have must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

16. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty days notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop accessing the Site and using the Services.

It is your responsibility to review these Terms periodically for changes. The date at the top of this page indicates when these Terms were last updated. Previous versions of these Terms are available upon request by contacting us.

17. Contact Information

If you have any questions about these Terms of Service, please contact us using the details below:

We value clear communication with our users and endeavor to respond to all inquiries within a reasonable timeframe. If your matter is urgent, please indicate this in your subject line or initial message.