Terms of Service

By accessing or using the Shine Stone website at shinestone.hair and any associated services provided by Shaanxi Canyan Network Technology Co., Ltd. (the Company), you agree to be bound by these Terms of Service (the Terms). If you do not agree with any part of these Terms, you must not access the website or use our services.

These Terms constitute a binding legal agreement between you (the Client or User) and Shaanxi Canyan Network Technology Co., Ltd. (the Company, we, us, or our). By entering into any service engagement, submitting a contact request, or otherwise interacting with our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of our website or services after any modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

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

• Services means all technology consulting, systems design, cloud integration, security assessment, data engineering, DevOps, and managed IT operations provided by the Company, whether described on the website or agreed upon in a separate statement of work.
• Client means any individual or entity that accesses the website, requests information, or engages the Company for the provision of Services.
• Agreement means any mutually executed statement of work, service agreement, or master services agreement that incorporates these Terms by reference.
• Confidential Information means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
• Deliverables means all reports, designs, code, documentation, architecture diagrams, and other work products produced by the Company in the course of providing Services.
• Website means the Shine Stone website hosted at shinestone.hair and any associated subdomains.

The Company provides computer systems design, integration, and related technology consulting services as described on the website and as further detailed in any Agreement between the parties. Each engagement is governed by a separate statement of work or service agreement that specifies the scope, deliverables, timeline, and fees applicable to that engagement.

Services are provided on a professional services basis. Nothing in these Terms obligates the Company to provide ongoing support beyond the scope defined in the applicable Agreement unless separately agreed in writing. The Company reserves the right to modify, suspend, or discontinue any aspect of its Services with reasonable notice to affected Clients.

The Company makes no guarantee that the Services will meet specific performance targets or business outcomes unless explicitly stated in the applicable Agreement. Service levels, if any, will be defined in a separate service level agreement.

To enable the Company to perform the Services effectively, the Client agrees to:

• Provide timely access to relevant personnel, systems, data, and facilities as reasonably required for the performance of Services
• Supply accurate and complete information regarding the Client’s existing infrastructure, business requirements, and technical constraints
• Designate a single point of contact authorized to make decisions and provide approvals on behalf of the Client
• Comply with all applicable laws and regulations in connection with the use of the Services and any deliverables
• Maintain the confidentiality of any login credentials, API keys, or access tokens provided in connection with the Services
• Refrain from using the Services or deliverables for any unlawful purpose or in violation of these Terms

Failure by the Client to meet these obligations may delay performance and may result in additional charges. The Company shall not be liable for any delay or failure to perform caused by the Client’s breach of its obligations under this section.

Fees for Services are as set forth in the applicable Agreement. Unless otherwise specified, all fees are quoted and payable in United States Dollars (USD). Payment terms are net 30 days from the date of invoice unless alternative arrangements are agreed in writing.

The Client shall reimburse the Company for all reasonable pre-approved out-of-pocket expenses incurred in connection with the performance of Services, including but not limited to travel, accommodation, software licensing, and third-party service costs.

In the event of late payment, the Company reserves the right to charge interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less, on all overdue amounts. The Company may also suspend performance of Services until all outstanding amounts are paid in full.

All fees are exclusive of applicable taxes, duties, or levies. The Client is responsible for paying all such amounts in addition to the stated fees, unless the Client provides a valid tax exemption certificate.

Company IP. The Company retains all right, title, and interest in and to its pre-existing intellectual property, including methodologies, frameworks, software libraries, tools, templates, and know-how used in the performance of Services (Company IP). No license or transfer of Company IP is granted to the Client except as expressly provided in the applicable Agreement.

Deliverables. Upon full payment of all fees due, the Company grants the Client a non-exclusive, perpetual, irrevocable license to use the Deliverables produced specifically for the Client under the applicable Agreement. This license does not include the right to sublicense, distribute, or use the Deliverables for purposes other than those contemplated in the Agreement.

Client Materials. The Client retains all rights to any materials, data, or content provided to the Company for the purpose of performing Services. The Client grants the Company a limited license to use such materials solely for the purpose of performing the Services under the applicable Agreement.

Feedback. Any suggestions, ideas, or feedback provided by the Client regarding the Services may be used by the Company without restriction or compensation.

Each party agrees to maintain the confidentiality of the other party’s Confidential Information and to use it solely for the purpose of performing its obligations under the applicable Agreement. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) is rightfully obtained from a third party without restriction.

The obligations of confidentiality shall survive the termination of any Agreement for a period of three years. For trade secrets, confidentiality obligations shall continue indefinitely until the information loses its trade secret status.

Each party shall take reasonable measures to protect the other party’s Confidential Information, using at least the same degree of care used to protect its own confidential information but in no event less than reasonable care.

The Company warrants that it will perform the Services in a professional and workmanlike manner in accordance with industry standards. If the Client believes that any Deliverable does not conform to this warranty, the Client must notify the Company in writing within 30 days of delivery. The Company will, at its option, either re-perform the non-conforming work or issue a refund of the fees paid for that specific Deliverable.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE SERVICES AND DELIVERABLES ARE PROVIDED AS IS AND THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Company does not warrant that the Services or Deliverables will be error-free, uninterrupted, or compatible with all hardware, software, or systems not specified in the applicable Agreement. The Client acknowledges that technology systems are inherently complex and that some defects or performance variations may occur despite the Company’s best efforts.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Company’s total cumulative liability arising out of or in connection with these Terms or the Services shall not exceed the total fees paid by the Client to the Company during the 12-month period immediately preceding the event giving rise to the claim. This limitation applies regardless of the theory of liability and notwithstanding the failure of any agreed remedy of its essential purpose.

The Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

• The Client’s use of the Services or Deliverables in violation of these Terms
• The Client’s violation of any applicable law, regulation, or third-party right
• Any data, content, or materials provided by the Client that infringe the intellectual property rights of any third party
• Any claim that the Client’s use of the Deliverables, when combined with the Client’s own systems or third-party products, infringes any intellectual property right

The Company shall promptly notify the Client of any claim subject to indemnification and shall provide reasonable cooperation in the defense of such claim. The Company reserves the right to assume sole control of the defense of any claim at its own expense, in which case the Client’s obligation to defend shall cease.

Termination for Convenience. Either party may terminate an Agreement for convenience by providing 30 days’ written notice to the other party. In the event of termination by the Client, the Client shall pay for all Services performed and expenses incurred up to the effective date of termination.

Termination for Cause. Either party may terminate an Agreement immediately upon written notice if the other party materially breaches any provision of these Terms or the applicable Agreement and fails to cure such breach within 15 days after receiving written notice thereof.

Effect of Termination. Upon termination, the Client shall pay all outstanding fees for Services performed and expenses incurred through the termination date. Within 30 days after termination, each party shall return or destroy the other party’s Confidential Information in its possession. Sections of these Terms that by their nature should survive termination, including Confidentiality, Intellectual Property, Limitation of Liability, and Indemnification, shall survive.

These Terms and any Agreement incorporating them shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any Agreement governed by these Terms.

Each party irrevocably submits to the exclusive jurisdiction of the courts located in Xi’an, Shaanxi Province, China for the resolution of any disputes arising out of or in connection with these Terms, subject to the dispute resolution provisions in Section 13 below.

Negotiation. The parties shall attempt to resolve any dispute arising out of or relating to these Terms or any Agreement through good faith negotiations. Either party may initiate negotiations by providing written notice describing the dispute in reasonable detail.

Mediation. If the dispute cannot be resolved through negotiation within 30 days, the parties shall attempt to resolve it through mediation administered by a mutually agreed mediation service in Xi’an, Shaanxi Province, China. The costs of mediation shall be shared equally between the parties.

Arbitration. If mediation fails, any dispute shall be finally settled by arbitration in Xi’an, Shaanxi Province, China, in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC). The arbitration shall be conducted in English by a single arbitrator appointed in accordance with CIETAC rules. The arbitrator’s decision shall be final and binding on both parties, and judgment may be entered in any court having jurisdiction.

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 without first engaging in negotiation, mediation, or arbitration.

Entire Agreement. These Terms, together with any applicable Agreement and any exhibits or schedules thereto, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

Waiver. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by the waiving party.

Assignment. The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer these Terms or any Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, or failure of telecommunications or internet infrastructure.

Independent Contractor. The Company is an independent contractor and not an employee, agent, joint venturer, or partner of the Client. Nothing in these Terms shall create a partnership, franchise, or employment relationship between the parties.

Notices. All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email (with confirmation of receipt), or sent by recognized courier service to the addresses specified in the applicable Agreement or, if no Agreement exists, to the addresses provided on the website.

If you have any questions about these Terms, please contact us:

Company: Shaanxi Canyan Network Technology Co., Ltd.

Email: us@shinestone.hair

Phone: +1 681-946-6520

Address:
No. 37, Yongfeng Village South Street Group
Yongle Town, Jinghe New City
Xixian New District, Xi’an City
Shaanxi Province, 710000
China