By registering for an account or using any 78Tracking service in any manner, you agree to be bound by the following terms and conditions, which also include the purchase order, 78Tracking privacy policy, and all other terms or policies that may be posted on the website (“Terms of Use”, “Terms”).

Certain parts of the Service may be subject to additional terms and conditions specified by 78Tracking. Your use of such services will be subject to these additional terms and conditions, which are incorporated into these Terms of Use by this reference.

78Tracking reserves the right at any time to: (1) modify or update any of these terms of use, effective upon posting on the website; (2) Suspend or interrupt access to or operation of the Service or any part thereof as necessary for maintenance and/or any other purpose; and/or (3) modify or change the Service or any part thereof, including but not limited to by adding, deleting or modifying features and options in the Service.

Your continued use of the Service will be deemed as your acceptance of the revised Terms of Use. If you object to any of the Terms of Use or any subsequent modifications, your only recourse is to immediately stop using the Service.

If any individual signs these terms on behalf of a company, organization, or other legal entity (“Entity”), that individual agrees to these Terms of Use for that Entity and represents to 78Tracking that he/she has the authority to legally bind such Entity and its affiliates to these Terms of Use.

If the user registers and uses our products or services, it means that the user agrees and accepts this agreement. Please read this clause carefully before using our services.

1. Definition

In addition to the terms defined elsewhere in this clause, the following terms shall have the following meanings:

1.1 “Account” means any and all 78Tracking accounts created by or on behalf of the User.

1.2 “Affiliate” means, in relation to a person/entity, any company (or a subsidiary of a company) which is a holding company or a subsidiary of any such holding company, of which at least one-fifth of the issued share capital is beneficially owned by the person or an associate of the person, in accordance with the preceding section of this definition. If the relevant person is an individual or a company or other unincorporated body, the term "related person" shall mean and include any company directly or indirectly controlled by that person.

1.3 “78Tracking” (“We”) refers to the applicable 78Tracking Contracting Party (as defined in Section 2 below).

1.4 “78Tracking Customer” means any and all End Users who are 78Tracking Customers and use the Application.

1.5 “78Tracking Inquiries” means any and all services provided by 78Tracking in connection with inquiries and package information (such as individually reported inquiries events, package location and time information), including but not limited to the relevant parts of the website, software, API and documentation.

1.6 “API” refers to the application programming interface developed and enabled by 78Tracking, allowing users to access certain features of the service. This includes, but is not limited to, the 78Tracking REST API, which automatically interacts with 78Tracking instances through HTTP requests, and the enabled 78Tracking Application Development API, which integrates 78Tracking instances with other web applications.

1.7 “Application” means the mobile software application of 78Tracking that 78Tracking’s customers use to allow them to access, manage and process their Inquiry Data.

1.8 "Confidential Information" refers to all information disclosed by the user to 78Tracking or by 78Tracking to the user, which is in tangible form and marked as "confidential" (or with similar legends), or which, based on the nature of the information, would reasonably be understood by a reasonable person to be confidential. Notwithstanding the foregoing, Confidential Information shall not include information that (a) is already known to the receiving party at the time of disclosure by the disclosing party; (b) has been or is now obtained by the receiving party from a third party who is not aware of the confidentiality obligations for such information; (c) In addition to violating these terms, it is or can be widely used by the public; (d) independently developed by the receiving party or without using the confidential information of the disclosing party; (e) is anonymous data.

1.9 "Data" refers to all data, electronic data, text, messages, or other materials submitted by you to the service in connection with your use of the service.

1.10 “Documentation” means any written or electronic documentation, images, videos, texts or sounds that specify the features of the Services that 78Tracking provides or makes available to you through the Website or otherwise.

1.11 “End User” means any person or entity that (i) is a customer of the User and/or (ii) whose Personal Data 78Tracking is processing as part of the Services provided to the User.

1.12 “Force Majeure” means any act, event or cause beyond the reasonable control of the defaulting party, including but not limited to acts of God, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic activity, unusually severe weather conditions, the actions of hackers or third-party Internet service providers, all of which cannot be foreseen and overcome by due diligence of the defaulting party.

1.13 "One party/both parties" refers to 78Tracking and the user, each of which is a party, and together they are both parties.

1.14 “Personal Data” means any information relating to an identified or identifiable natural person contained in the Data; A natural person that can be identified, either directly or indirectly, especially by reference to information such as a name, an ID number, location data, an online identifier, or information specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.

1.15 “Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.16 “Service Plan” means the specific plan to which you subscribe, whether free or paid, as detailed on the Website, and the portion of the Services associated with said plan.

1.17 "Transportation supplier" refers to a third-party transportation service provider

1.18 “Website” means any and all websites operated or owned by 78Tracking, including but not limited to www.51tracking.com.

1.19 “Software” means any and all software provided by 78Tracking to the User.

1.20 “Stores” means any and all stores associated with the Account, whether online or physical retail.

1.21 “Subscription Term” means the period during which the User agrees to subscribe to the Service portion detailed in the Service Plan.

1.22 “Third Party Services” means third party products, applications, services, software, products, networks, systems, catalogs, websites, databases and information to which the Services link or with which the User may connect or enable information related to the Services, including, without limitation, certain third party services that may be integrated into the Services.

1.23 “Third Party Transport Services” means third party transport services (including products, applications, additional services, software, networks, systems, catalogues, websites, databases and information) that may be used by the User.

1.24 "Query Data" refers to any data related to package transportation, including but not limited to order number, order value, order date, item name, item value, item quantity, item weight, query number, carrier name, transportation method, box type, package weight, shipping date, shipping address, end user name, end user email, end user phone number, end user shipping address, store name, store website, carrier preference, notification content, notification preference, delivery status, delivery location, delivery date, name signature, expected delivery date, transportation label file, shipping fee, list file, return reason, return method, resolution type, return product picture, refund amount, return date.

1.25 "User, you" refers to any individual or entity using this website and/or services and its affiliates.

1.26 “User Registration Address” refers to (i) the registered address of the website user displayed in the user account or (ii) the registered address of the enterprise user displayed in the main service agreement or order, whichever is applicable to both parties. Website users refer to any user who has not yet signed an order with 78Tracking.

2. 78Tracking Contracting Parties

2.1 This section applies only to user registration addresses located anywhere in the world.

2.2 "78Tracking Contracting Party" refers to Shenzhen Zhishangfangzhou Network Technology Co., Ltd., a company registered and validly existing under the laws of China, with its registered address at 601-606, Youwei Building, No. 2000 Jiaxian Road, Gangtou Community, Bantian Street, Longgang District, Shenzhen.

3. General terms; Access and use of the service

3.1 Subject to the user's agreement and compliance with these terms, the user has the right to access and use some services provided by 78Tracking free of charge without subscription. For details, please refer to the website. The application developer and API protocol shall be applicable to the use of the API in connection with this agreement.

3.2 The normal transmission of services requires an Internet connection. The user is responsible for procuring and maintaining the network connectivity that connects the network to the service, including but not limited to "browser" software that supports the protocols used by 78Tracking, including the Secure Socket Layer (SSL) protocol or other protocols accepted by 78Tracking 78Tracking is not responsible for any modification or damage to your data, including your data, that results from transmission across computer networks or telecommunications facilities that are not owned, operated, or controlled by 78Tracking. 78Tracking assumes no responsibility for the reliability or performance of any connection described in this section.

3.3 You agree not to (a) authorize, sell, resell, rent, lease, transfer, assign, distribute or time-share any rights granted under these terms to any third party; (b) not modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (c) Shall not falsely imply any association or partnership with 78Tracking; (d) Do not use the Service in any illegal manner, including but not limited to infringing on anyone's privacy; (e) Do not use the Services to send unsolicited or unauthorized spam, junk mail, pyramid schemes, or other forms of repetitive or unsolicited messages; (f) Do not use this service to store or transmit files, materials, data, text, audio, video, images, or other content that infringe on the intellectual property rights or any privacy rights of any person; (g) not use the Services in any way that interferes with or disrupts the integrity or performance of the Services and their components; (h) not attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the software, website or service; (i) Do not use the Services to post, transmit, upload, link, send or store any illegal, racist, hateful, abusive, defamatory, obscene or discriminatory content; (j) Do not use the Service to publish, transmit, upload, link, send or store any viruses, malware, Trojan horses, time bombs or any other similar harmful software (“Malware”); (k) not attempt to use or use the Services in violation of these Terms; (l) not to obtain or attempt to obtain any materials, documents or information, including but not limited to personal identity, personal data, password data and any other user information, through any means other than inadvertently through the service; (m) Do not probe, scan, or test the vulnerabilities of any system or network of 78Tracking or violate any security or authentication measures, avoid, bypass, delete, disable, weaken, descramble, or otherwise circumvent any technical measures implemented by 78Tracking to protect services, websites, or software; (n) Do not misrepresent yourself, your age, or impersonate any other individual or entity; (o) not use or access the Services to monitor the availability, performance or functionality of the Services or for any other similar benchmarking purposes; (p) not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed on, contained in or associated with the Services; (q) Not develop any applications or programs that are designed to keep users or end users away from 78Tracking and/or overburden 78Tracking websites, software, and APIs.

3.4 This service is not available to individuals under the age of 18. If you are not of legal age to form a binding contract or are not able to enter into these terms, you may not use this website. 78Tracking does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personal identification information to 78Tracking; 78Tracking will not intentionally use, publish or retain any information submitted by such users.

3.5 The User is responsible for complying with the provisions of these Terms and all activities and data that occur under the Account.

3.6 You are solely responsible for ensuring that the storage and transmission of your data using the Service complies with all applicable laws and regulations, including but not limited to all applicable laws and regulations relating to personal data. You are solely responsible for ensuring that the use of the Services and the processing of your data do not infringe any third party's intellectual property rights and privacy rights.

3.7 It is the responsibility of the user to determine whether the service or the information generated thereby is accurate or sufficient for its purpose.

3.8 Access to and use of some Services may be limited to a specific number of individuals permitted by the applicable subscription plan.

3.9 The User agrees and acknowledges that each person accessing the Account will be identified by a unique username and password (“Login”), and that the personal Login can only be used by one person. Users are responsible for maintaining the security and confidentiality of their personal accounts and passwords. Users are fully responsible for all activities under their accounts and passwords, including modifications to user data, posted comments, and all other losses; Users should pay attention to the password protection of the website account; If users find that others use their accounts without permission or any other security vulnerabilities occur, they should immediately notify us; If the user violates the above rules when using our services and causes any loss or damage, we will not be held responsible.

3.10 The user is responsible for maintaining the confidentiality of all login information related to the account, and shall disclose it to themselves and their employees who need to know the login information, and shall bear confidentiality obligations at least as strict as those stipulated in this clause.

3.11 78Tracking reserves the right to suspend your access to and use of the Services at 78Tracking’s discretion: (a) during planned upgrades and maintenance downtime; (b) during the period when the service is unavailable due to force majeure events or circumstances; (c) if 78Tracking suspects or detects any malware or files associated with your account or your use of the Services; and/or (d) for any other reason deemed reasonable by 78Tracking. 78Tracking will use commercially reasonable efforts to schedule planned downtime during weekends and other non-peak periods. 78Tracking will use commercially reasonable efforts to communicate planned downtime to users in advance.

3.12 Additional terms and conditions may apply to specific parts or features of the Service, including promotions or other services, all of which are hereby incorporated by reference into these Terms of Use. You agree to abide by such additional terms and conditions. If there is a conflict between these Terms of Use and the terms that are posted or apply to a particular part of the Site or to a service offered on or through the Site, the latter terms shall control your use of that part of the Site or that particular part of the service.

4. Confidentiality

4.1 To the extent expressly permitted by these Terms, you and 78Tracking will protect each other's Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but not less than reasonable care. Unless otherwise expressly permitted in these Terms, 78Tracking, the User and their respective affiliates may only use the other party's confidential information to exercise their respective rights and fulfill their respective obligations under these Terms, and may only provide such information to their employees, agents and representatives, their respective employees, and their respective employees, agents and representatives who need to know such information to perform their respective duties.

4.2 You agree that 78Tracking, its affiliates, and their respective employees, agents, and representatives have the right to access your account and use, modify, transfer, copy, display, and disclose data to the extent necessary to provide services, including, without limitation, responding to your support requests. You agree that 78Tracking shall be authorized to (i) allow the use, modification, and copying of data (including confidential information) and (ii) disclose data to authorized sub-processors, authorized operators, end users, 78Tracking customers, transportation providers, third-party service providers, and their employees, agents, and representatives, only to the extent necessary to provide the service.

4.3 78Tracking will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data.

4.4 78Tracking may also disclose confidential information and information about accounts, your data, and users in order to (a) comply with applicable laws and regulations; (b) Respond to lawful requests, legal processes, orders and/or subpoenas from courts or other legal authorities; (c) protect the rights or property of 78Tracking, including the enforcement of these terms or other policies related to the Service; and/or (d) to protect personal safety.

5. Personal Information

5.1 78Tracking collects certain information about the account, your data, users, end users, query data, and devices, computers, and other tools related to the service. 78Tracking uses, discloses and protects this information as described in the 78Tracking Cookies Policy and the 78Tracking Privacy Policy.

5.2 78Tracking will process, use, modify, collect and store personal data in accordance with applicable data protection laws. By submitting any Personal Data to 78Tracking, the User represents and warrants that the User has (1) complied with any and all applicable laws, including but not limited to all applicable data protection laws, (2) provided all relevant notices and obtained any necessary consents required by the data subjects for 78Tracking to process Personal Data, and (3) informed the data subjects of the purposes for which the Personal Data is being processed.

5.3 As part of providing services, 78Tracking may process personal data on behalf of the user, the controller, as a processor. By submitting any personal data to 78Tracking, the user agrees to the terms of the 78Tracking Data Processing Agreement.

5.4 Personal data and confidential information do not include anonymous data, i.e. data collected by 78Tracking about service usage or about a group or category of products, services, users, and end users, where personal identities, identifiable information, or other personal data have been irreversibly deleted (“anonymous data”). 78Tracking shall be authorized to use, combine, disclose, analyze, and create derivative works of all anonymized data. In other words, information about how you use the Services may be collected, de-identified, and then combined with information about how others use the Services. This clause and the 78Tracking Data Processing Agreement do not limit or restrict 78Tracking's collection, use, and disclosure of anonymous data.

5.5 The User agrees, authorizes and instructs 78Tracking to provide its services, process, use and aggregate anonymous data related to one or more stores with anonymous data processing stores related to one or more other stores, provided that these stores are included in the same user account. The User agrees, authorizes and instructs 78Tracking to provide its services, process, use and aggregate anonymous data related to one or more services and anonymous data processing(s) related to one or more other services, provided that these services are provided to the same user.

5.6 The User shall ensure that the processing, use and aggregation described in Section 5.5 comply with all applicable laws, provided that 78Tracking has properly anonymized.

6. Third-party services

6.1 If you decide to enable, access, integrate, connect or use third-party services, please note that your access, integration, connection and use of such third-party services are subject to the terms and conditions of such third-party services. 78Tracking does not endorse, accept any responsibility for, or make any representations regarding any aspect of such third-party services, including but not limited to the accuracy, completeness, or authenticity of the information contained therein or the manner in which the third-party services are provided. Provider Processing Data, including your data, or any interaction between you and a third-party service provider.

6.2 If you decide to enable, access or use social media authentication or other authentication services, including but not limited to your login to our services through such third-party services or otherwise providing us with such third-party services. Any access we may have to such information from third-party social media or identity verification services is subject to the authorization procedures established by that third-party service provider.

6.3 You irrevocably waive any claim against 78Tracking in relation to third-party services. 78Tracking shall not be liable for any damages or losses caused or alleged to be caused by or related to your enabling, accessing, integrating, connecting or using any such third-party services, or your reliance on privacy practices, data security processes or other aspects. Policies for such third-party services.

7. Third-party content

The Services may include features and functionality that may link to or provide you with access to third party content that is completely independent of 78Tracking, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Service are solely between you and such organizations or individuals. Before engaging in any interaction with any third party providing third-party services, you should conduct any necessary or appropriate investigations. You agree that 78Tracking shall not be liable for any loss or damage of any kind or nature resulting from any such transaction.

8. Disputes between users, end users and third parties

In the event of a dispute between the user, end user, and/or third-party service provider, you understand and agree that 78Tracking is not obligated to participate in it. If you have a dispute with any other user, end user, or third-party service provider, you hereby release the indemnified party from any known and unknown claims, demands, and damages (actual and indirect) of any kind or nature, suspected and unanticipated, disclosed and undisclosed, arising out of or in any way related to such dispute.

9. Transportation providers

78Tracking does not provide shipping services. You and the transportation provider are responsible for any transportation. Your use of the transportation provider is subject to all applicable terms and conditions of the relevant transportation provider, and it is your responsibility to comply with these terms and conditions. Please also refer to the applicable shipping restrictions for more information about what you can and cannot ship through the applicable shipping provider. By using third-party transportation services, you are responsible for complying with all applicable laws, regulations, and third-party rights. In addition, it is your responsibility to alert the transportation provider to any and all cargo within the highly regulated (national, federal state, or local) industry, including but not limited to labeling of dangerous goods and hazardous materials. If the user's goods in the shipment are designated as "dangerous goods" or otherwise require compliance with additional transportation regulations (such as "restricted items" or "perishable items") (collectively, "regulated goods"), the user will (a) immediately notify the transportation provider of the existence of such regulated goods, and (b) use clear labels to clearly identify the regulated goods, and remain obligated to immediately alert the transportation provider of any changes or additions to the regulated goods.

10. 78Tracking Query

In addition to the Terms of Use, the following terms apply to your access and use of 78Tracking queries.

10.1 During the subscription period and subject to the user's compliance with these terms, the user has the right to access and use the service portion consistent with the service plan.

10.2 To subscribe to a paid service plan, the user should purchase a quota according to the instructions on the website. For more information on payment plans, please refer to the pricing page.

10.3 The downgrade service plan may result in the loss of content, functionality, or access to specific parts of the service that may have been previously available to users. 78Tracking shall not be liable for any such losses.

10.4 78Tracking provides tracking information from authorized carriers. In addition, but not limited to the warranty disclaimers provided in these Terms, 78Tracking does not guarantee (i) the accuracy and completeness of the information provided by the Authorized Carrier, and (ii) that the information will be communicated to the User in its entirety and/or in a timely manner.

11. Billing and Cancellation

11.1 Taxes. Fees and charges do not include any taxes, levies, duties or similar government assessments, including any value-added tax, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively, "Taxes"). The user agrees to pay applicable direct or indirect taxes related to their purchases under this agreement, to the extent that 78Tracking is required by law to charge the same fees, these taxes will be itemized on the 78Tracking invoice. If the user is obliged to withhold any amount under any law or tax system (except for the U.S. income tax law), the user will aggregate the payments so that 78Tracking receives the quoted and invoiced amount. If 78Tracking is legally obligated to pay or collect taxes for which the customer is responsible under this section, the appropriate amount will be invoiced and paid by the user, unless prior to the invoice date, the user provides 78Tracking with a valid tax exemption certificate authorized by the appropriate tax authority or other acceptable documentation agreed to by 78Tracking. 78Tracking reserves the right to issue a supplementary bill for any taxes not fully collected due to errors, and the user agrees to pay any such supplementary bill issued by 78Tracking.

11.2 Cancellation. To cancel, the user should go to the user account page and follow the cancellation instructions. If the user cancels their service plan, the limited right to access and use the service portion consistent with the service plan will automatically terminate at the end of the applicable billing period.

11.3 No refunds. Payments are non-refundable, and 78Tracking does not provide refunds or credits for any portion of the subscription period or unused 78Tracking services.

11.4 Changes to Prices and Service Plans. 78Tracking may change the service plan from time to time, including but not limited to prices, features, and options. Any price changes or changes to your service plan will not take effect earlier than 30 days after you are notified.

12. Termination

If a user has not logged into their account for 12 months or more, 78Tracking may consider the account to be "inactive" and permanently delete the account, your data, and any other data related to it; 78Tracking reserves the right to block users from accessing certain IP addresses or device numbers and prevent access to the service. If you attempt to circumvent any technical protection measures related to the service, or if you use the service in any other way that violates these terms of use, your license will be immediately terminated.

If you do not comply with these terms and conditions, or if you use the service in any way that may cause us to incur legal liability or interfere with others' use of the service, we may suspend or terminate your use of the service.

In the event of the above circumstances, 78Tracking reserves the right to terminate your account, delete your personal information and any data, and restrict your use of all or any part of the service for any reason or no reason without notice, and will not be liable to you or any other person.

13. Warranty Disclaimer

You agree that use of the Services is entirely at your own risk. The service is provided on an "as is" and "as available" basis without any form of guarantee. To the maximum extent permitted by law, all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the maximum extent permitted by law, the exempted party does not provide any guarantees for the security, reliability, timeliness, accuracy, and performance of the service. To the maximum extent permitted by law, the publisher does not make any guarantees for third-party services or goods received through the service or any links on the service. To the maximum extent permitted by law, the party to whom the service is provided does not provide any guarantee for viruses or other harmful components related to the service.

The exempted party shall not bear any responsibility, including but not limited to: (a) errors, mistakes, or inaccurate content; (b) Personal injury or property damage caused by your access to or use of the service; (c) Unauthorized access to or use of 78Tracking servers or any personal or financial information; (d) any interruption of transmission to or from the Service; (e) any computer viruses or malicious code that may be transmitted on or through the Service; or (f) any loss or damage of any kind resulting from the use of any features or content published on or through the Service, sent via email, transmitted, or otherwise provided.

The publisher does not guarantee, endorse, warrant or assume responsibility for any third-party services or third-party product recommendations, advertisements, offers or links to the service or any linked website.

You understand and agree that any materials or information downloaded or otherwise obtained through the use of this service are at your own risk, and you will be solely responsible for any damages caused thereby. Any advice or information, whether oral or written, obtained by you from 78Tracking or through the Services, does not constitute any warranty not expressly made in these Terms of Use.

Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above disclaimers may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the indemnified party be liable for indirect, incidental, special, consequential, punitive or exemplary damages of any kind, even if 78Tracking has been advised of the possibility of such damages, arising out of your use of the Service, whether due to use or misuse of the Service, inability to use the Service, or interruption, suspension, modification, alteration or termination of the Service. Such limitations also apply to damages arising from or related to third-party services received through the service or any links on the service, as well as damages related to information received through the service or any links on the service These restrictions shall apply to the maximum extent permitted by law.

Notwithstanding anything to the contrary in these Terms, in no event shall 78Tracking's total liability to you under these Terms, whether in contract, tort (including negligence), strict liability, or otherwise, exceed the price you paid for the Service within twelve (12) months immediately preceding the first event giving rise to any claim for damages.

Nothing in these terms shall limit or exclude the liability of either party for (I) death or personal injury caused by negligence, (II) fraud, or (III) any other liability that cannot be limited or excluded by law. Some jurisdictions do not allow limitations on incidental or consequential damages, so this limitation may not apply to you.

15. 78Tracking Compensation

You agree to indemnify and hold harmless any and all actions, demands, liabilities, claims, damages, losses, penalties, fines, and expenses (including but not limited to attorney fees and court costs) made by any third party in connection with any and all actions, demands, liabilities, claims, damages, fines, and expenses incurred by you or any person using your account on or through the service due to, arising from, resulting from, or related to: (A) any information submitted, posted, or transmitted by you or any person using your account on or through the service (including your data or any other data); (B) Your use or any person using your account's use of the Services or third-party services; (C) you or anyone using your account is in breach of these Terms of Use; or (D) you or anyone using your account infringes any rights of any third party, including intellectual property rights or rights in personal data.

Each party will provide reasonable cooperation to the other party in the defense and resolution of such claims (at the user's own cost and expense).

The user will be granted sole authorization to defend or resolve such claims based on their written request, provided that (A) the user maintains access to more information about their defense or settlement progress; And (B) the User will not compromise or settle such claims without unconditionally releasing each exempted party and each 78Tracking service provider from all liability for such claims.

16. Force Majeure

In addition to the obligation to pay under this clause, if there is a delay or prevention of performance due to force majeure, neither party shall be liable for any delay or failure to perform any of the terms of this clause based on evidence provided by the defaulting party to the other party,

17. Governing Law and Jurisdiction

17.1 This service is operated in Shenzhen, China. These Terms of Use shall be governed by and construed in accordance with the laws of China, without prejudice to any rules or regulations that conflict with the law.

17.2 The information available on the Service may also be subject to the laws of your country. Access to countries where the information or services provided are illegal is prohibited.

17.3 Any dispute arising out of or in connection with this agreement or the company's services shall be brought to the court where the company is located. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service, and is hereby expressly excluded.

18. General Provisions

18.1 Severability. If any provision of the Terms of Use is determined to be invalid, the remaining parts of the Terms of Use shall remain valid. If any provision of these Terms of Use is deemed illegal, invalid or unenforceable, that provision is deemed severable from these Terms of Use and the remaining provisions remain valid and enforceable.

18.2 Allocation. The User may not assign or otherwise transfer this Agreement, in whole or in part, without the prior written consent of 78Tracking. Any attempted assignment, delegation or transfer in violation of this Agreement shall be null and void and shall constitute a material and irrevocable breach of this Agreement. 78Tracking may assign this Agreement in whole or in part.

18.3 No Waiver. No waiver by any party of any breach or default shall constitute a waiver of any other rights or of any subsequent breach or default. Failure or delay by any party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

18.4 Independent Contractor. Each party is an independent contractor performing each part of this agreement, and the parties do not intend to establish any joint venture, partnership, employee-employer relationship, or similar relationship. There are no third party beneficiaries to this Agreement.

18.5 Scope of Agreement. Each party acknowledges that it has not relied on any other person or on any other party prior to the execution of this Agreement to enter into this Agreement. Each party waives all rights and remedies, except as provided in this clause, which the parties may otherwise have with respect to any such representations, warranties, collateral contracts, or other assurances, provided that nothing in this clause shall limit or exclude any liability for fraud.

18.6 Entire Agreement. This Agreement supersedes all prior and contemporaneous oral and written proposals, statements, sales materials or presentations and agreements and contains the entire understanding of the parties with respect to the subject matter of this Agreement.