360 SmartBrain Open Platform User Service Agreement

Update Date: November 20, 2024

Effective Date: November 20, 2024

Welcome to the 360 SmartBrain Open Platform!

The 360 SmartBrain Open Platform Service Agreement (hereinafter referred to as "this Agreement") is a legally binding contract jointly concluded between the operator of the 360 SmartBrain Open Platform (hereinafter referred to as "the Platform"), Beijing Qihu Technology Co., Ltd. (hereinafter referred to as "360"), and the user (hereinafter referred to as "you"). 360 provides you with the products and services displayed on the Platform (hereinafter referred to as "Platform Services") and will continuously update the products and service content. The latest Platform Services are subject to what is displayed on the relevant product and service introduction pages of the Platform and what is actually provided to you.

I. Special Notice

Before you start using the Platform Services, please be sure to carefully read and fully understand each term of this Agreement, any additional terms when you activate or use a service, and related agreements that 360 may release or revise from time to time. At the same time, you should also carefully read and fully understand the Platform's disclaimer, privacy policy, and other series of legal documents. In this Agreement, please pay special attention to and focus on reading terms closely related to your rights and obligations. Such terms may be marked in bold, including but not limited to terms regarding exemption or limitation of liability, jurisdiction, and applicable law.

360 has the right to revise this Agreement and the Platform's disclaimer, privacy policy, and other series of legal documents from time to time without prior or separate notice. If relevant content changes, 360 will publish the revised agreement on the Platform. You fully understand and agree that if you continue to use the Platform Services after the revised agreement is published, you will be deemed to have agreed to the revised agreement.

Unless you have fully read, fully understood, and accepted all terms of this Agreement, please do not use the Platform Services. Your clicking to agree, using the Platform Services, or indicating acceptance of this Agreement in any other express or implied manner will be deemed that you have read and agreed to all content of this Agreement. This Agreement will then have legal effect between you and 360 and become a legally binding document for both parties. If you do not agree with 360's modifications or additions to this Agreement at any time, you should abandon registration, stop using, or proactively cancel the Platform Services.

If you do not have full civil capacity as defined by Chinese law due to age, intelligence, or other factors, please read and agree to this Agreement under the guidance of a guardian and pay special attention to the terms regarding minor use.

If you are a user outside mainland China, your actions in entering into or performing this Agreement must also comply with the laws of your country or region. You warrant that your actions in entering into and performing this Agreement do not violate the mandatory provisions of the laws and regulations of your country or region.

II. Platform Service Content

  1. Overview of Service Content

Platform Services include natural language processing, open platform services, API calls, and other services provided by 360 through the 360 SmartBrain Open Platform. Specific product features include but are not limited to 360 SmartBrain language model services, image/video-related AI services, knowledge bases, search engine services, risk detection services, etc. 360 has the right to develop new service types or product features from time to time. The specific form and content are subject to what is actually displayed on the Platform.

The Platform has the right, based on its operational needs and marketing requirements, to provide experience vouchers or coupons (specific names subject to what is launched) to non-specific groups such as new users. Experience vouchers and coupons can be used for API call consumption on the Platform's SmartBrain model (subject to any different provisions in activity rules). Please note that various marketing vouchers are non-cashable, non-transferable, and invoices cannot be issued. Within the scope permitted by law, the Platform has the right to adjust their validity periods, usage rules, etc., but will notify users in advance through site messages, activity rules, and other forms.

  1. Obtaining Services

You can browse the Platform directly from a browser or search engine by searching for "360 SmartBrain Open Platform" or by visiting https://ai.360.com/open. Before actually obtaining Platform Services, you need to fill in an intention application form to explain the prerequisite information and usage scenarios for using Platform Services. The Platform will contact you via SMS or email before activating your Platform access permissions.

  1. Scope of License

360 grants you a personal, non-transferable, and non-exclusive license to use the Platform Services. You can browse information about 360AI-related products, services, and solutions through the Platform. Without 360's prior written authorization and permission, you shall not use the Platform to seek improper benefits, use the resources and information provided by the Platform to generate, obtain, or disseminate illegal information, or engage in commercial sales, reproduction, distribution, or other commercial activities.

All other rights not expressly authorized in this Agreement remain reserved by 360. You must obtain 360's written permission to exercise these rights. 360's failure to exercise any of the foregoing rights does not constitute a waiver of such rights.

III. Platform Service Updates

To improve user experience, enhance service security, or ensure functional consistency, 360 has the right to update part or all of the Platform Service content or change some functional effects of the Platform. After a new version of the Platform is released, older versions may become unusable. Please check and use the latest version promptly.

IV. Platform Account Usage Rules

  1. You can log in to the Platform using your 360 account. If you are not registered, please register a 360 account and bind your mobile phone number. During the account registration process, you should agree to the "360 User Service Terms" and "360 User Privacy Policy" and complete the entire registration procedure according to the page prompts. After successful registration, 360 will provide you with a user account and corresponding password. You are responsible for safekeeping your user account and password. You may also log in using SMS verification codes or other third-party program authorization methods. Please keep your verification codes safe. You are legally responsible for all activities and events conducted under your account.

  2. You shall not gift, lend, rent, transfer, or sell user accounts or otherwise permit non-users to use user accounts. Non-users shall not use your user account through gifting, inheritance, rental, transfer, or any other means.

V. User Personal Information Protection

  1. 360 will collect, use, store, and share your personal information in accordance with this Agreement and the "360 SmartBrain Open Platform Privacy Policy." Matters not explicitly specified in this Agreement regarding personal information protection shall be governed by the Privacy Policy.

  2. During your use of the Platform, you may need to provide information including your company name, name, contact phone number, email, cooperation intention, and specific requirements so that 360 can follow up and provide services. Unless you choose to do so independently or to comply with relevant laws and regulations, 360 will not disclose this information or use it for purposes other than Platform Services.

  3. 360 respects and protects the personal privacy of all users of the Platform Services, but we remind you: please confirm that the content you input when using the Platform API services does not contain your own or others' personal information, and your input content will not be considered your personal private information.

VI. Platform Standards

  1. Product/Service Usage Standards

1.1 You warrant that you shall not, directly or indirectly:

1.1.1 Use the resources and information provided by the Platform for commercial sales, reproduction, distribution, or other commercial activities;

1.1.2 Use the services and/or additional functions provided by the Platform to infringe upon the legitimate rights and interests of third parties (including but not limited to portrait rights, privacy rights, reputation rights, patent rights, trademark rights, copyrights, and neighboring rights);

1.1.3 Interfere with or attempt to interfere with the normal operation of any part or function of the Platform in any way;

1.1.4 Use any registered or unregistered goods, service marks, company trademarks (LOGOs), URLs, or other marks from 360 in written or graphic format without 360's prior written consent;

1.1.5 Display or otherwise provide any user information to non-original users without the prior consent of the original user;

1.1.6 Request, collect, solicit, or otherwise obtain access to 360 account numbers, passwords, or other authentication credentials from any user;

1.1.7 Without 360's written permission, no user or third party shall authorize, allow, or assist others in the following actions regarding information content on the Platform's related products and services: (1) Copy, read, or use information content from the Platform's related products and services for commercial purposes including but not limited to promotion, increasing reading volume, and page views; (2) Edit, organize, or arrange information content from the Platform's related products and services without authorization and display it on any third-party channel without 360's prior permission; (3) Use any form of identification methods including but not limited to special identifiers and special codes to direct, transfer, hijack traffic or reading volume from the Platform's related products and services; (4) Other illegal methods of obtaining or using information content from the Platform's related products and services.

1.1.8 Without 360's prior written permission, no user or third party shall directly or indirectly steal any information content from the Platform through any means (including but not limited to hotlinking, illegal crawling, simulated downloading, deep linking, fake registration), or delete or change the rights management electronic information of relevant content through any means (including but not limited to hiding or modifying domain names, platform-specific identifiers, usernames).

1.1.9 After obtaining 360's written permission, users and third parties sharing or forwarding Platform information content must also comply with the following standards: (1) Shall not make any form of alteration to the Platform's source pages, including but not limited to the homepage and other entry points, nor obstruct the display of the Platform's source pages through any form of blocking, insertion, pop-ups, etc.; (2) Shall adopt safe, effective, and stringent measures to prevent third parties from illegally obtaining Platform information content through any form including but not limited to "spider" programs; (3) Shall not use relevant data for purposes outside the scope of 360's written permission, engage in any form of sales and commercial use, or disclose, provide to, or allow third parties to use it in any way.

If you violate any of the above warranties, 360 has the right to issue warnings, block, or even cancel your Platform usage qualifications depending on the circumstances. If your violation of the above warranties causes losses to the Platform, other Platform users, or any of 360's partners, you shall bear all legal responsibility and compensate for losses.

1.2 You undertake:

1.2.1 You shall not use the Platform Services in any form to infringe upon 360's commercial interests, including but not limited to posting commercial advertisements without 360's prior permission;

1.2.2 Shall not enter computer information networks or use computer information network resources without authorization;

1.2.3 Shall not delete, modify, or add computer information network functions without authorization;

1.2.4 Shall not delete, modify, or add data and applications stored, processed, or transmitted in computer information networks without authorization;

1.2.5 Shall not intentionally create or disseminate computer viruses or other destructive programs;

1.2.6 Shall not engage in other acts that endanger computer information network security.

  1. Information Content Standards

2.1 The information content referred to in this Agreement means any content you create, reproduce, publish, or disseminate during your use of the Platform Services, including but not limited to 360 account avatars, account names and other registration information and certification materials, or text, voice, images, videos, graphics, etc., sent, replied to, or auto-replied to messages and related link pages, and other content generated by using Platform Services.

2.2 You understand and agree that your conduct on the Platform must comply with relevant laws and regulations. You shall not engage in any illegal or improper activities or use the resources and information provided by the Platform to generate, obtain, or disseminate the following information: 1) Opposing the basic principles established by the Constitution; 2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity; 3) Damaging national honor or interests; 4) Inciting ethnic hatred or discrimination or undermining ethnic unity; 5) Undermining national religious policies or promoting cults and feudal superstitions; 6) Spreading rumors, disrupting social order, or undermining social stability; 7) Spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crime; 8) Insulting or defaming others or infringing upon others' legal rights; 9) Inciting illegal assemblies, associations, marches, demonstrations, or gathering crowds to disrupt social order; 10) Engaging in activities in the name of illegal civil organizations; 11) Containing false, harmful, coercive, privacy-infringing, harassing, defamatory, vulgar, obscene, or otherwise morally objectionable content; 12) Containing other content restricted or prohibited by Chinese laws, regulations, rules, or other legally binding provisions.

2.3 If you upload, produce, transmit, or disseminate content through the Platform that infringes upon the legitimate rights and interests of third parties (including but not limited to patent rights, trademark rights, copyrights and neighboring rights, portrait rights, privacy rights, reputation rights), causing 360 or its partners to face any complaints, reports, inquiries, claims, or litigation, or causing 360 or its partners to suffer any reputational or property losses, you shall proactively take all possible measures to protect 360 and its partners from the impact of such claims and litigation. At the same time, you bear full liability for direct and indirect economic losses suffered by 360 and its partners.

2.4 You shall not use new technologies and applications based on deep learning, virtual reality, etc., to produce, publish, or disseminate false information. When publishing or disseminating non-factual information, you shall mark it prominently.

VII. Disclaimer

  1. You acknowledge and understand that the output content of the Platform is AI-generated content produced by 360 SmartBrain model technology. All generated content originates from limited data used during training. Related responses do not represent 360's attitudes or views, should not be considered as internet news information, nor as professional advice or opinions. You should independently evaluate the content in the Platform Services and bear all risks associated with using such content, including risks arising from reliance on the legality, correctness, completeness, or practicality of the content. 360 cannot and will not be liable for any loss or damage resulting from the aforementioned risks.

  2. You acknowledge and understand that the Platform's model API call services conduct data training within the scope permitted by laws and regulations. The content includes but is not limited to information accumulated from public internet sources. All content undergoes continuous automatic and manual sensitive database filtering to ensure accuracy in content understanding and generation. However, there may still be some information with certain sensitivity, unreasonableness, or ambiguity. If you publicly disseminate generated sensitive, unreasonable, or ambiguous content, you shall bear any resulting infringement, disputes, and losses. 360 is not responsible and assumes no legal liability. If legal prosecution arises, you bear full responsibility.

  3. If generated content raises questions or causes discomfort, you are welcome to provide feedback to 360 at any time via the official email on the Platform homepage (kefu@360.cn). 360 will take your feedback seriously and implement timely and effective measures. However, if you maliciously disseminate questionable or discomforting content with negative impact, 360 assumes no legal liability.

  4. When using Platform Services, you must strictly follow the relevant instructions in the "User Documentation" for service calls and input. If you violate relevant standards during use and are detected, your service access will be immediately suspended. Any related consequences shall be borne by you, and 360 assumes no legal liability or compensation responsibility.

  5. You understand and agree that during the use of the Platform and related services, you may encounter force majeure factors (force majeure refers to objective events that cannot be foreseen, overcome, or avoided), including but not limited to government actions, natural disasters, network issues, hacker attacks, war, or any other similar events. In the event of force majeure, 360 will strive to repair the situation promptly, but you agree that 360 shall not be liable for losses caused by force majeure.

  6. You explicitly understand and agree that regarding the services under this Agreement, 360 does not provide any kind of express or implied warranty or condition, including but not limited to merchantability, fitness for a particular purpose. You must bear the corresponding risks associated with using the software and related services under this Agreement.

  7. You explicitly understand and agree that this Agreement is made to comply with national laws and regulations, maintain public order and good customs, and protect the legitimate rights and interests of others. 360 makes its best efforts to judge in accordance with relevant laws and regulations within its capability, but does not guarantee that its judgment will be completely consistent with that of judicial or administrative authorities. You understand and agree to bear any consequences arising from this yourself.

VIII. Third-Party Products and Services

  1. When using certain specific services, the Platform may call third-party systems or support your use or access through third parties. The results of use or access are provided by such third parties. 360 does not guarantee the security, accuracy, validity, or other uncertain risks of services and content provided through third parties. 360 assumes no responsibility for any disputes or damages arising from this.

  2. Products and services provided by third parties that you access through the Platform are independently operated by the third parties who bear full responsibility. The Platform does not participate in any activities such as the operation of third-party services. Any disputes or liabilities arising from your use of third-party products and services shall be resolved through negotiation with the third party or other legal means. Relevant responsibilities and losses shall be independently borne by you or the third party.

  3. You understand and agree that 360 has the right to decide to use the Platform for commercial purposes, including but not limited to developing and using part of the Platform's services for third-party promotion. However, this does not mean that 360 assumes any legal responsibility for third-party products or services.

IX. Breach of Agreement

  1. In response to your violation of this Agreement, 360 has the right to independently judge and take measures including but not limited to pre-warnings, refusing to publish, immediately stopping information transmission, deleting images, restricting some or all functions, or permanently closing accounts depending on the circumstances. 360 has the right to announce the handling results and decide whether to restore use based on the actual situation. Records will be kept for activities suspected of violating laws or crimes, and will be reported to relevant authorities as legally required.

  2. You understand and agree that any claims, demands, or losses raised by any third party arising from or caused by your violation of this Agreement, including but not limited to actual attorney fees incurred, shall be independently borne by you. If 360 or its cooperative companies or affiliates suffer losses as a result, you shall also compensate them.

X. Notices

  1. 360 may deliver various rules, notices, prompts, and other information about Platform Services to you through one or more methods, including but not limited to displaying on relevant service pages, web announcements, web prompts, and SMS. You can check the latest version of the terms on relevant pages. After the terms of this Agreement are changed, if you continue to use Platform Services, you will be deemed to have accepted the modified agreement. If you do not accept the modified agreement, you should stop using Platform Services.

  2. You agree that if you do not receive relevant rules, notices, prompts, or other information due to incorrect email addresses, mobile phone numbers, or communication addresses, or other reasons not attributable to 360, such information will still have legal effect on you and you shall be bound by it. All consequences and responsibilities arising from this shall be borne by you.

  3. If you have comments or suggestions about this Agreement or Platform Services, you can contact official customer service via email (kefu@360.cn). 360 will provide you with necessary assistance.

XI. Jurisdiction and Applicable Law

  1. The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (excluding conflict of laws rules).

  2. If any dispute or controversy arises between you and 360 regarding Platform Services, the matter shall first be resolved through friendly negotiation. If negotiation fails, you agree to submit the dispute to the people's court with jurisdiction at the defendant's domicile.

  3. If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and be binding on both parties.

XII. Minor Use Terms

  1. 360 attaches great importance to the protection of minors' personal information. If you are a minor under 18 years of age, you should read this Agreement and use Platform Services under the supervision and guidance of a guardian, and obtain the written consent of your parent or legal guardian in advance.

  2. Minors using the Platform and related services should correctly learn to use the internet within a reasonable range under the supervision and guidance of their guardians, avoid addiction to the virtual online space, and develop good internet habits.

  3. For adults over 18 who do not have full civil capacity for any reason, the relevant provisions of the minor use terms of this Agreement shall apply by reference.