Privacy Policy
Preamble and Introduction
Welcome to the Shenzhen StellarWhale Technology Co., Ltd. (hereinafter referred to as “we”) developed and operated DSFulfill software and services!
The DSFulfill software is designed for use by Dropshipping fulfillment service providers or their employees. It combines various tools that will assist you or the entity you represent and its affiliates (collectively referred to as “you”) in making business decisions related to Dropshipping fulfillment.
To use our DSFulfill software and services, you must read and comply with the DSFulfill Terms of Use and Conditions (hereinafter referred to as “this Agreement”). Please review each clause carefully, especially those that limit or exclude liability, as well as clauses regarding the activation of other services. Clauses that limit or exclude liability may be highlighted in bold to draw your attention.
By clicking “Read and Agree,” you acknowledge that you have read and agreed to all the terms of this Agreement. You may not register an account for the DSFulfill software unless you have read and agreed to all the terms of this Agreement. This Agreement takes effect from the moment you click “Read and Agree.”
1. Scope and Applicability
1.1 Scope of Parties to the Agreement
This Agreement applies to you when you download (if applicable), install (if applicable), register, use, or log into the DSFulfill software (hereinafter referred to as “the Software”), as well as to any person who enters into this Agreement with us directly.
1.2 Agreement Relationships and Conflicting Clauses
If there are contradictions or inconsistencies between this Agreement and any actual signed contract, the actual signed contract shall prevail.
Without prior written permission, our direct competitors may not use the Software and services. Additionally, direct competitors may not use the Software and services for the purpose of monitoring service availability, performance, or functionality, or for any other benchmarking or competitive purposes.
The last update date of this Agreement is November 11, 2024. We may continuously release related agreements, rules, regulations, etc., concerning the Software. Once released, these contents become an integral part of this Agreement, forming a unified whole, which you must also comply with.
2. About the Service
2.1 Service Content
The service content refers to the relevant services we provide to users through the Software (hereinafter referred to as “the Service”).
2.2 Service Form
You may use the Software and services via client applications, web pages, and other terminals, as provided by us. We will continuously enrich the terminals and forms available for using the Software and services. When using the Software and services, you should choose a version of the Software that matches your terminal and system; otherwise, you may not be able to use the Software and services normally.
Other services, such as support for the Software, are only provided as additional services upon prior agreement. We may but are not obligated to provide any support services for the Software, nor are we obligated to enter into contracts for such additional services.
2.3 Software Updates
We have the right to update the Software version at any time, expand the scope of Software functions, and improve them to adapt to technological advancements. We also have the right to introduce additional security measures or similar changes. After the new version of the Software is released, we may set a reasonable transition period to allow some users to use the new version. After the transition period ends, the old version of the Software may no longer be usable, and we do not guarantee the continued availability of the old version or provide corresponding services.
3. Term and Termination
3.1 Provisions for Purchased Services
We provide services to you through contracts or orders, and the detailed information about the access rights to the Software granted during the contract period is as follows:
- Services are sold in user package form;
- Agreed upon in a separate contract signed by both parties;
- Agreed upon according to the description of the purchased package on the website.
If there are contradictions, the contract shall prevail. Additional packages can be added during the package period, with prices based on the contract or our website price list.
3.2 Invoicing and Payment
You can purchase package services by paying the recharge amount to the dedicated recharge account we provide. We will issue invoices in advance or according to the relevant order agreement. You are responsible for accurately retaining complete invoicing information and contact information during the service.
3.3 Service Suspension and Advance Payment
If you owe fees for services under this Agreement or any other agreement for more than 30 days (natural days), we have the right to collect your unpaid fees in advance according to this Agreement. Therefore, all such amounts due will immediately become payable. Before you pay the full amount, we will suspend the service, and we reserve the right to take remedial actions and other rights against you.
4. Your Obligations
You must ensure that the information you provide when creating an account and during its use is correct and complete. If there are any changes to your contact data or any other data required for the execution of this Agreement, you should notify us immediately.
All operations recorded in the use of the Software and services are associated with the registered account, indicating that all operations performed in the Software are assumed to be performed by you, and you are responsible for the results of these operations.
If you leave the entity and its affiliates you represent and stop using the Software, we may delete your registered account from the server.
You are responsible for ensuring that your employees have the appropriate qualifications and have received the necessary training to use the Software.
If you encounter issues such as the Software being inaccessible or service failures or defects, you should immediately inform us via email, QQ group, phone, etc. If it causes an impact, you should describe it in text form as much as possible, explaining how to reproduce the failure, defect, or functional issue.
The Software is not intended for permanent backup and storage of data. Therefore, you should retain backup copies of all data transmitted to us, which should not be stored on our servers. Additionally, you should regularly back up data related to the use of the service to prevent permanent data loss and minimize the risk of damage.
You should retain login names and password details for accessing the Software and ensure that third parties cannot access them over the network. Individuals to whom you grant access should be instructed accordingly and have the same obligations. Passwords must be changed regularly, at least once every quarter. If you discover that unauthorized third parties have obtained access data to the Software, you should notify us immediately. We have the right (but not the obligation) to take measures to reduce damage, such as blocking your account or changing access data. In such cases, you have the right to request that we provide new access data. If a third party uses your account to access the Software because you did not adequately protect it, you are responsible for the third party's actions. If you have previously notified us of the possibility of unauthorized access and had sufficient time to prevent it, this rule does not apply.
You must avoid taking any actions that may harm or endanger the stability and security of the Software or our other systems or services, unless such harm or danger is a technical necessity resulting from the proper use of the Software as described in this Agreement.
You are solely responsible for complying with the terms of use and guidelines of the Dropshipping fulfillment platform. Although certain features of the Software and the services it provides may, in some cases, cause you to violate the terms and guidelines of the Dropshipping fulfillment platform, this is clearly not the intended use of the Software, and we neither support nor accept such use of the Software.
If we discover or receive reports that you have violated the terms of this Agreement, we have the right to take measures including, but not limited to, suspending or terminating your use of the Software, pursuing legal responsibility, etc.
5. Data Access and Data Management
5.1 Data Access
You are obligated to provide us with all the data required for us to perform the services as stipulated in this Agreement. The Software accesses the necessary data and reports through your Dropshipping fulfillment platform account (“Dropshipping Account”) with your authorization. We will clearly and honestly inform you of the data we need to access and its purpose, and you must ensure that we are granted all the necessary access permissions for this purpose. According to the personal identity information retention policy of different fulfillment platforms, we automatically delete your buyer's personal identity information 28 days after the shipment of your buyer's order and do not make offline backups.
The data you provide for analysis must not violate laws or infringe on third-party rights. Our services must not be used for illegal or third-party infringement purposes. If a violation occurs, we may suspend the provision of immediate services or block your access to the Software. You will indemnify us for any damages caused by your breach of the above provisions, including costs incurred in enforcing the above claims, such as notarization fees, appraisal fees, travel expenses, processing fees, attorney fees, etc.
You grant us the rights necessary to analyze the data as required by this Agreement. Due to the nature of the data analysis you require, we may use authorized Dropshipping customer accounts to collect and analyze data that is not directly related to you, such as data related to products you have not sold. You authorize us to analyze such data.
5.2 Data Management
According to our data protection policies, we must create, record, and comply with privacy and data processing policies for applications or services. These policies specify appropriate behaviors and technical controls for managing and protecting information assets. We must maintain an inventory of software and physical assets (such as computers and mobile devices) that can access PII and update it regularly. Records of data processing activities must be maintained, such as specific data fields and all PII information collected, processed, stored, used, shared, and disposed of, to establish accountability and compliance with regulations. We must establish and comply with privacy policies and data access rights agreed upon by customers, including correcting, deleting, or stopping the sharing or processing of their information (as applicable) or as required by data privacy regulations.
5.3 Deletion Requests
Upon receiving a notice from the end seller and according to their request, we must permanently and securely delete (in accordance with industry standards, such as NIST 800-88) the information in our system within 72 hours of the end seller's request.
6. Availability
To ensure the normal operation of the Software and the services we provide, we regularly perform maintenance and updates on the system (“routine maintenance work”). This work is typically carried out during periods of expected low usage.
If such maintenance work significantly affects the availability of the service for a considerable period, we will notify you in advance of the upcoming maintenance date at an appropriate time.
7. Ownership
7.1 Reservation of Rights
Except for the usage rights explicitly granted here, we reserve all rights, ownership, and interests in the service, including all related intellectual property rights. No other rights are granted to you except as explicitly specified herein.
7.2 Restrictions
You may not engage in the following activities: (1) Allow third parties to access the Software unless permitted by this Agreement or the order; (2) Create derivative works based on the service; (3) Copy, design, or mirror any part or content of the service, except that you may copy, design, or otherwise act within your internal network for your own internal business purposes; (4) Reverse engineer, decompile, disassemble, or otherwise attempt to discover or obtain the source code of the Software; (5) Access the service for the following purposes: a) To generate competitive products or services; b) To replicate any features, functionalities, or graphics of the service.
8. Confidentiality
Both parties agree to keep the contents of this Agreement and the execution process confidential and not to disclose them to third parties. Both parties are providers and recipients of confidential information, with confidentiality obligations and responsibilities. Neither party may disclose or publicly reveal any confidential information to third parties without the other party's written consent. Both parties must also ensure that their representatives do not disclose or publicly reveal any confidential information to third parties or use it in any other way, unless the disclosure, public revelation, or use of confidential information is necessary for the usual course of business or future legal or contractual obligations.
9. Warranties and Disclaimers
9.1 Mutual Warranties
Each party acknowledges and warrants: (1) That the execution of this Agreement is legally binding; (2) That they will not transfer any malicious code to the other party (except for malicious code transferred by the other party to the warranting party).
9.2 Disclaimers
(1) Any personal data leakage due to you sharing your user password with others or sharing your registered account with others. (2) Any personal data leakage, loss, theft, or tampering caused by hacking attacks, computer viruses, government control, or other force majeure events. (3) Any personal data leakage or legal disputes and consequences caused by other websites linked to our Software or website.
10. Liability
10.1 Mutual Warranties
Under no circumstances shall either party's total liability arising from or related to this Agreement, whether based on this Agreement, tort, or any other liability, exceed the total amount paid by you hereunder, or for any single event, the lesser of RMB 100,000 or the amount paid by you hereunder in the 12 months following the event. The above liability does not limit your payment obligations under Section 3 (Term and Termination).
10.2 Exclusion of Consequential and Related Losses
Under no circumstances shall either party be liable for any loss of profit or revenue or any indirect, special, incidental, consequential, compensatory, or punitive damages, whether based on this Agreement, tort, or any other liability, and regardless of whether such party has been advised of the possibility of such loss, to the extent permitted by applicable law.
11. Cookie Usage
Cookies are small files (usually alphanumeric) that a website stores on your computer or mobile device. Cookies help the website or another website recognize your device when you return. Web beacons or similar files serve the same function. In this Agreement, we use the term “cookies” to refer to all such files. Cookies can perform many different functions, such as allowing you to navigate efficiently between pages, saving your preferences, and generally improving your experience on the website. Our Software pages may use cookies to provide you with access to information when you return to our website.
While there has been debate about the privacy implications of cookies, it is important for our Software clients to know that cookies do not read your hard drive and cannot use cookies to reveal new information about you that you have not chosen to disclose. Our Software may use cookies to record your activity on our website. Note that your web browser settings can be adjusted to limit or block cookies placed by the website and other websites.
12. Communication Preferences and Opt-Out
After providing your contact information to us, our Software or we may market to you, including but not limited to sending promotional and related offer information. If you wish to opt out of receiving marketing-related communications from our Software, please click the “Opt Out” link in the communication. Note that if you opt out of receiving marketing-related emails from us, we may still send important administrative messages to your email address. If you want us to completely remove your personal records from our database, we will delete your contact information upon your request.
13. International Data Transfer
In accordance with applicable laws and regulations, we or our third-party operators reserve the right to transmit, process, and store your information outside your country or region.
14. General Provisions
14.1 Relationship Between the Parties
Each party is an independent contractor. This Agreement does not create a partnership, franchise, joint venture, agency, trust, or employment relationship between the parties.
14.2 No Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement.
14.3 Independent Rights and Obligations
If a court of competent jurisdiction determines that any provision of this Agreement is not lawful, the court may modify or interpret the provision to achieve the original purpose to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in full force and effect.
14.4 Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the People's Republic of China. The place of signing of this Agreement is Longgang District, Shenzhen. If any dispute or controversy arises between you and us, the parties shall first seek to resolve it amicably; if no agreement can be reached, you agree to submit the dispute or controversy to the jurisdiction of the courts in the place of signing of this Agreement.
14.5 Entire Agreement
This Agreement, including all content specified herein and appendices, as well as all orders, constitutes the entire agreement between the parties. This Agreement supersedes all prior oral agreements, proposals, or statements concerning the Software. In the event of a conflict with a specifically signed contract, the signed contract shall prevail. Any amendment, modification, or waiver of any provision of this Agreement must be in writing and signed or electronically acknowledged by the other party to be effective.