Terms of Service

Welcome to the website, DUHAI Ads, and related advertising and first-party email services provided by DUHAI Technology Co., Ltd. (“DUHAI,” “we,” “us,” or “our”). Please read these Terms of Service carefully before use. By accessing the website or using the services, you agree to be bound by these terms.

1. Acceptance

These terms form a legally binding agreement between you and DUHAI. If you use the services on behalf of a company or other organization, you represent that you have authority to accept these terms for that organization. If you do not agree, do not use the website or services.

2. Services

DUHAI provides services including managed TikTok advertising and optimization, the AdPilot ad management workspace, analytics and reporting, creative management, first-party email infrastructure, and related technical support. The specific scope, deliverables, and fees are set out in the applicable order, quote, statement of work, or separate agreement.

We may change features, interfaces, or service scope as products evolve. We will provide reasonable notice of changes that materially affect your rights.

3. Relationship with TikTok

DUHAI is an independent product and service provider. We are not an official TikTok entity, affiliate, or agent. We provide ad management and data services through TikTok's open APIs within the scope authorized by the advertiser.

Your use of TikTok services is also governed by TikTok's own terms, advertising policies, and developer terms. You must ensure you have authority to connect the relevant ad accounts and comply with platform rules. TikTok independently controls ad review, account status, API availability, and policy decisions. We cannot guarantee that an ad will be approved or that any specific result will be achieved.

4. Accounts and authorization

• You must provide accurate, complete, and current account and authorization information and keep it updated.
• You are responsible for safeguarding account credentials and for activity under your account. Notify us immediately of unauthorized access.
• You authorize us to access the ad accounts you specify through TikTok OAuth and to perform actions you configure or request.
• You may revoke authorization at any time. Features that depend on that authorization may stop working after revocation.
• You represent that you have the rights or sufficient authorization for all connected ad accounts, creative assets, products, and landing pages.

5. Acceptable use

You must not use the services to:

• Violate applicable law, regulation, or platform policy;
• Publish false, misleading, infringing, fraudulent, or unlawful advertising content;
• Access another person's account, data, or system without authorization;
• Scrape or bulk-collect non-public data or bypass technical restrictions of a platform;
• Interfere with the operation of the services, introduce malicious code, or conduct denial-of-service attacks;
• Infringe intellectual property, privacy, or other rights of any person.

If we identify a violation, we may suspend or terminate the affected services and reserve all legal rights.

6. Fees and payment

Prices, billing periods, payment methods, and refund arrangements for paid services are set out in the applicable order or separate agreement. Except where required by law or agreed otherwise, fees already paid are non-refundable. Late or failed payment may result in suspension or termination.

7. Intellectual property

DUHAI owns the intellectual property rights in the website, software, interfaces, documentation, trademarks, marks, and the technology and content included in the services. You may not copy, modify, distribute, reverse engineer, or create derivative works without our written permission.

You retain all rights in the creative assets, brand materials, product information, and data you provide. You grant us a limited, non-exclusive license to use them as necessary to provide the services. That license ends within a reasonable period after termination, except for use required to comply with law or handle disputes.

8. Data and privacy

We process personal information and advertising data in accordance with our Privacy Policy. You must obtain any necessary consents for information you provide and have the right to use it for the services. You must comply with applicable privacy, data protection, and email marketing laws.

Data obtained through TikTok APIs is used only within the authorized scope and is subject to revocation and deletion. See the data deletion page for details.

9. Third-party services

The services may rely on TikTok, cloud hosting, payment, email delivery, and other third-party services. Those services are governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of third-party services, but we take reasonable steps to select reliable providers.

10. Disclaimers

The website and services are provided on an “as is” and “as available” basis. We work to keep the services stable and accurate but do not guarantee uninterrupted, error-free operation or that data will meet every specific requirement. Advertising outcomes depend on platform algorithms, competition, creative, audience, seasonality, and other factors outside our control. We do not guarantee any particular impression volume, conversion, ROAS, or revenue.

To the extent permitted by law, we are not liable for losses caused by platform policy changes, API changes, account restrictions, network failures, force majeure, or third-party conduct.

11. Limitation of liability

To the maximum extent permitted by law, DUHAI is not liable for indirect, incidental, special, punitive, or consequential damages arising from these terms or the services, including lost profits, lost goodwill, data loss, or business interruption. Our aggregate liability for direct damages will not exceed the total service fees you paid to us for the relevant service in the 12 months before the claim arose.

Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law.

12. Indemnity

If your breach of these terms, infringement of third-party rights, unlawful advertising content or data, or account activity leads to a third-party claim, you agree to indemnify and hold harmless DUHAI, its affiliates, employees, and partners, including reasonable legal fees.

13. Suspension and termination

You may stop using the services at any time and complete any outstanding settlement. We may suspend or terminate access if you breach these terms, law, or platform policy, or if there is a security, fraud, or abuse risk. After termination, we may delete or anonymize relevant data, except where retention is required by law.

14. Changes to these terms

We may update these terms as our business or legal requirements change. The updated version will be posted on this page with an effective date. We will provide notice of material changes through the website or another reasonable method. Continued use after the effective date means you accept the updated terms.

15. Governing law and disputes

These terms are governed by the laws of the People's Republic of China, excluding the laws of Hong Kong SAR, Macao SAR, and Taiwan. The parties will first attempt to resolve any dispute in good faith. If negotiation fails, either party may bring the dispute before a competent people's court at DUHAI's place of domicile.

Nothing in these terms excludes mandatory consumer rights under applicable law.

16. Contact

For questions about these terms, contact:

• DUHAI Technology Co., Ltd.
• Email: [email protected]
• Website: https://duhaitec.com