BuildMost English Platform VIP Membership Service Agreement for Design Service Providers

Version effective date: Dec 31, 2024

INTRODUCTION

Welcome to read the “BuildMost English Platform VIP Membership Service Agreement for Design Service Providers” and become a BuildMost VIP member of the BuildMost English Platform!

To use the BuildMost VIP membership services for design service providers on the BuildMost English Platform (referred to as the "Service"), please carefully read, understand, and agree to the "BuildMost English Platform VIP Membership Agreement for Design Service Providers" (referred to as this "Agreement").

This Agreement is jointly entered into by you and YEKALON HK LIMITED. (referred to as "we") and constitutes a legally binding contract. We remind you to carefully read and fully understand all the terms of this Agreement, especially those that exempt or limit liability, as well as provisions related to governing law and dispute resolution. Terms that exempt or limit liability are highlighted in bold and underlined for your attention. If you believe any of these terms may affect your rights or interests under certain circumstances, please ensure you re-read these terms before agreeing to this Agreement or using the Service, and proceed only if you voluntarily accept these terms.

If you do not agree to any or all of the terms of this Agreement, please refrain from confirming your acceptance (including but not limited to clicking, proceeding to the purchase process, etc.) or using the services described under this Agreement. By following the instructions on the BuildMost English Platform’s VIP membership activation page for design service providers, reading and agreeing to this Agreement, and completing all activation procedures, you confirm that you have thoroughly read, understood, and accepted all terms of this Agreement. At this point, you establish a contractual relationship with us and voluntarily agree to comply with all provisions outlined in this Agreement.

If you have not yet reached the legal age of majority in your country/region or have not reached the age to independently assume obligations under this Agreement or pay relevant membership fees, please ensure that you read and agree to this Agreement with your guardian. Clicking “I have read and agree to” indicates that you have obtained the full consent of your guardian. Once you agree to this Agreement and use this service, you will not be able to apply for a refund based on age. If the guardian's consent is not obtained, please stop using this service immediately.

1. DEFINITION

1.1. "BuildMost English Platform": Refers to an industrial internet platform operated by YEKALON HK LIMITED and its affiliated companies, integrating real estate, construction, building materials, equipment, and design. This includes, but is not limited to, the BuildMost English website (www.buildmost.com) and related desktop and mobile client applications.

1.2. "We": refers to YEKALON HK LIMITED.

1.3. “You” / “User”: Refers to any user who uses part or all of the services provided under this VIP service.

1.4. “Membership Benefits”: Refers to the benefits and specialized services available to VIP members of the BuildMost English Platform for design service providers. The specific benefits shall be as displayed on the membership activation interface for design service providers on the BuildMost English Platform. You acknowledge and agree that we reserve the right, based on our business development needs, to add, remove, replace, or adjust the types, quantities, durations, content, and delivery methods of all or part of the membership benefits. Notifications, announcements, or alerts regarding such adjustments will be provided on the relevant service page. You may log in to the BuildMost website to check the most up-to-date membership benefits available to VIP members of the BuildMost English Platform for design service providers.

1.5. “VIP Membership Service for Design Service Providers on the BuildMost English Platform”: Refers to the range of services we provide to ensure users obtain or utilize the membership benefits available to VIP members of the BuildMost English Platform for design service providers.

1.6. “Membership Term”: Refers to the period and type of membership you select and pay for when purchasing the service. You may log in to the "User Center" page on the BuildMost English Platform to check the details of your membership term.

1.7. “Platform Rules”: Refers to all agreements, policies, rules, and guidelines currently issued or that may be issued periodically by BuildMost, including but not limited to the Terms of Use, Privacy Policy, disclaimers, legal notices, operational guidelines, forum rules, help center resources, user center operation protocols, recruitment policies, FAQs, product descriptions, and announcements. These regulations cover all aspects of the platform, apply to all users, and are legally binding. The Platform Rules take effect from the date of publication, and users are expected to stay informed of and adhere to all terms and provisions contained therein.

ACTIVATION OF VIP MEMBERSHIP SERVICES FOR DESIGN SERVICE PROVIDERS ON THE BUILDMOST ENGLISH PLATFORM

2.1. The VIP membership services for design service providers on the BuildMost English Platform are exclusively available to designers, design companies, or companies providing design services on the BuildMost English Platform. You may check your eligibility for activation through the "Membership Center." Within the “Membership Center," you can choose from different membership tiers and pay the corresponding fees. Upon completing payment (for online payments, completion is indicated by the display of "Paid Successfully" on the page; for bank transfers, completion is deemed when we receive your payment and send you a "Paid Successfully" email or in-platform message), you will become a VIP member of the BuildMost English Platform for design service providers. Before successful activation (including renewal or reactivation), both you and we retain the right to make a mutual decision: you may choose whether to activate the service, and we may choose to accept or reject your application.

2.2. To ensure that we can provide you with comprehensive VIP membership services and protect your membership benefits, you are required to submit the necessary certification documents and upload relevant design works before purchasing the membership services. Business users must upload a valid business license or other relevant company documentation, while individual users must upload real-name identification documents, such as a passport or ID card. Additionally, you must provide complete company or personal information and complete the required certification for the type of design services you intend to offer. We are not responsible for any inability to use or fully use the membership benefits resulting from your failure to provide the required information in accordance with the Platform Rules or for not meeting relevant platform rules.

2.3. You must ensure that you have full civil rights and the capacity for civil conduct throughout the activation and use of the VIP membership services for design service providers on the BuildMost English Platform. You must also ensure that you have the actual capability to enter into and perform the rights and obligations stipulated under this Agreement.

2.4. To activate the VIP membership services for design service providers on the BuildMost English Platform, you must pay the corresponding membership service fees as instructed on the activation page. Based on adjustments to benefits, market conditions, and business development, we may adjust the membership service fees required for activation or offer additional value-added services related to membership benefits, which may incur separate fees. Adjustments to membership service fees will take effect upon publication. Membership services you have already activated before the effective date will not be affected. However, if you wish to renew the membership after its expiration, the fees applicable at the time of renewal will be based on the adjusted and effective rates. Before charging for value-added services, we will notify you of the specific fees in an appropriate manner, and you may choose to decline the additional services that incur fees.

2.5. Before purchasing the service (including auto-renewal services), you should carefully verify your account information, the service content to be purchased, the price, the service term, and other details. Payments should be made through our designated payment methods, including but not limited to PayPal, bank transfers, and credit card payments, or other payment methods designated by us in the future. If you use a third-party payment channel, you should carefully read and understand its payment rules (including invoicing policies) in advance. You acknowledge and agree that this service constitutes a digital and virtual product. The service fees you pay represent the price of the digital product corresponding to the membership service, not a prepayment, deposit, or savings account. Once payment is completed (for online payments, this is when "Paid Successfully" is displayed on the page; for bank transfers, this is when we receive your payment and send you a "Paid Successfully" email or in-platform message), your membership service will take effect immediately. Except in cases of significant defects that prevent you from using the service entirely, material breach by us, provisions outlined in this Agreement, or legal requirements mandating refunds, you are not entitled to request a refund.

2.6. For the type of membership you purchase under the VIP membership services for design service providers on the BuildMost English Platform, we will issue an equivalent compliant invoice based on applicable tax regulations. For detailed instructions on invoicing procedures, please refer to "User Center" - "Order Management Center" - "Order Management" - "Paid" - "View Invoice".

2.7. You may log in to the "User Center" at any time to review detailed information about your account, including activated services, service terms, and account benefits. You can also check your spending details and transaction status under "User Center" - "Order Management Center"-"Order Management".

2.8. Before completing your payment and being redirected to the third-party payment processor, you will have the option to opt into automatic subscription renewal. If you choose this option, the payment processor will activate the subscription feature, and your account will be automatically charged the selected membership fee on a monthly or quarterly basis, as applicable. In the event of a membership fee change, you will be notified upon logging into your account. You will then need to take action to either continue your subscription at the updated rate or cancel it. The updated fee will apply starting from the next subscription cycle. You can cancel your upcoming subscription at any time by visiting the "User Center" and selecting "Cancel Auto-Renewal".

USAGE OF VIP MEMBERSHIP SERVICES FOR DESIGN SERVICE PROVIDERS ON THE BUILDMOST ENGLISH PLATFORM

3.1. BuildMost English Platform offers VIP membership services for design service providers on a monthly or quarterly basis. The validity period for monthly members is one (1) month, and the validity period for quarterly members is three (3) months, both starting from the date the membership service becomes effective. If you wish to continue enjoying the VIP membership services after the expiration of the validity period, you will need to renew or reapply. During the membership term, certain membership benefits may have specific validity periods based on their nature, which will be subject to the respective usage rules (if any). If you purchase both a VIP membership and a design quotation benefits package, the validity periods of the design quotation benefits package and the membership do not combine. You should prioritize using the quotation benefits from the package or membership that expires first.

3.2. The rights and benefits of VIP membership for design service providers on the BuildMost English Platform, including their issuance, acquisition, usage, and consumption, may be subject to specific usage rules depending on their nature (if applicable). All rights related to membership activities and operations belong to us. These specific rules serve as supplementary agreements to the corresponding membership benefits and form an integral part of this Agreement. In the event of any inconsistency between these rules and other terms of this Agreement, the specific rules shall prevail.

3.3. To improve user experience, we may update or modify the VIP membership services, features, functions, or interfaces for design service providers on the BuildMost English Platform. This may include adding new features or removing outdated ones. Unless otherwise stated, the revised services and features will continue to be governed by this Agreement.

3.4. The VIP membership services and benefits for design service providers on the BuildMost English Platform are for your own use only. Given that your BuildMost membership account is closely linked to your certification and membership benefits, you must not lend your account to others. Any violation of this rule will result in your liability for all associated consequences. In such cases, we reserve the right to independently determine appropriate actions, including but not limited to suspending or terminating your membership, without any obligation to refund the membership fees you have paid. From a fairness standpoint, you acknowledge that we will treat all activities conducted through your account as your own actions, and you and the actual user will bear any resulting consequences.

3.5. Your account information, including your username, password, and biometric data (if applicable), must be set and safeguarded by you. You are responsible for correctly using and securely storing your account information. Any losses resulting from account information leakage, loss, or theft due to reasons not attributable to us shall be borne by you. If you discover unauthorized use of your account or any anomalies preventing normal login or use, you must follow the official account recovery process as published by us. During the recovery process, we may request relevant information or supporting documents. Please ensure the information provided is accurate and valid; otherwise, your recovery request may fail due to verification issues.

3.6. To protect your account security and prevent potential account theft, we may periodically or randomly conduct security checks and verifications on your account. This may include identity verification, SMS verification, or email authentication. If you fail to complete the verification or unreasonably refuse to comply, we may reasonably suspect that your account has been compromised or is being misused. Consequently, we reserve the right to suspend services to the account or take further actions.

3.7. You agree to use the VIP membership services for design service providers on the BuildMost English Platform reasonably and will not use these services for illegal profit. You must not transfer or assign your membership services or benefits to others, nor lend them in any form. If we have reasonable grounds to suspect misuse of the membership services, we reserve the right to revoke your membership, reclaim the membership benefits already provided, and you will not be entitled to a refund of any fees paid. You shall bear the consequences and liabilities of such misuse, including any damages caused to us. If your actions result in losses to us, we have the right to seek compensation from you.

3.8. You agree to adhere to principles of good faith and honesty when acquiring and using the VIP membership services for design service providers on the BuildMost English Platform. If we reasonably suspect that you have engaged in any of the following behaviors, your application for membership activation may be rejected, your active membership may be suspended or terminated, and any associated membership benefits may be partially or entirely revoked. You will not be entitled to a refund for any VIP membership fees:

(1) Using any bot software, spider software, crawler software, screen-scraping tools, or similar programs to activate the services for yourself or others;

(2) Activating the services for yourself or others using improper means or in violation of good faith principles;

(3) Activating the services through non-designated methods;

(4) Activating the services for yourself or others by infringing our or others' lawful rights;

(5) Activating the services in violation of this Agreement or relevant laws, regulations, or national policies;

(6) Engaging in other actions that violate principles of good faith and honesty.

3.9. You are responsible for ensuring that the registration and certification information you provide is true, accurate, complete, and compliant with legal requirements. If any of your information changes, you must promptly update your registration or certification details. Failure to provide truthful, accurate, or complete information, or to comply with legal requirements, will result in you bearing all associated responsibilities and consequences. In such cases, we reserve the right to suspend or terminate your membership benefits, including but not limited to partial or complete suspension or cancellation of these benefits. Additionally, you will not be entitled to a refund of any VIP membership fees.

3.10. You acknowledge and agree that, to ensure you fully enjoy the VIP membership services for design service providers on the BuildMost English Platform and to avoid missing out on premium membership benefits, we may provide you with membership-related information via phone, messages, notifications, or SMS. Such notifications are deemed delivered upon dispatch. If multiple notification methods are used simultaneously, delivery is deemed completed upon the earliest dispatch.

TERMINATION OF VIP MEMBERSHIP SERVICES FOR DESIGN SERVICE PROVIDERS ON THE BUILDMOST ENGLISH PLATFORM

4.1. If the validity period of your VIP membership services for design service providers on the BuildMost English Platform expires and you fail to renew or reactivate the membership, the VIP membership services will be terminated, and the corresponding membership benefits will become invalid.

4.2. You acknowledge that using the VIP membership services for design service providers on the BuildMost English Platform in accordance with this Agreement and relevant rules, respecting the usage restrictions of the membership services, and fulfilling your obligations under this Agreement are prerequisites for accessing the services. If you breach any relevant provisions of this Agreement, we reserve the right to suspend, terminate, or cancel this Agreement based on the nature of your violation.

4.3. You understand and agree that the membership service fees you pay serve as consideration for the services provided, and once your membership is activated and enters the current service validity period, the comprehensive membership software products, websites, and systems built as part of the BuildMost English Platform membership system are immediately delivered and activated, continuously providing membership benefits. These integrated efforts and costs are indivisible. In the following circumstances, resulting in the termination or suspension of your VIP membership services, you are not entitled to a partial or full refund of membership fees:

(1) Failure to use, fully use, or promptly use the relevant membership benefits or voluntary forfeiture of such benefits for your own reasons;

(2) Account cancellation or termination of your VIP membership by us based on agreements such as the BuildMost Terms of Service and any other agreements you have agreed to during registration and use, as well as our Platform Rules, this Agreement, membership benefit rules, and other applicable agreements and rules;

(3) Voluntary withdrawal from the membership due to normal changes in membership benefits, services, or functions during the course of the BuildMost English Platform's VIP membership operations;

(4) Violations of laws, this Agreement, fraudulent or abusive use of membership rights, or any behavior that harms our interests or other users, which constitutes a fundamental breach of this Agreement and prevents its continuation.

4.4. If we are unable to continue providing VIP membership services for design service providers on the BuildMost English Platform due to business adjustments or other reasons, we will notify you at least 30 days in advance via email, SMS, or in-platform messages regarding the termination of this Agreement. Upon termination, we will issue a proportional refund based on the unused membership term (remaining full months) relative to the total purchased membership term (full months).

4.5. The termination of this Agreement does not affect the rights and obligations accrued between you and us prior to termination. If your actions cause us to face third-party claims, administrative penalties, or other damages, you shall compensate us for the resulting losses and/or expenses incurred, including reasonable attorney fees, investigation costs, and evidence-gathering expenses. Additionally, if your actions damage our reputation, we reserve the right to require you to issue a public statement in the media to mitigate the impact.

NO WARRANTY AND LIMITATION OF LIABILITY

5.1. You understand and agree that, unless explicitly stated otherwise, all services provided under this Agreement with specific features or functionalities are only accessible through the general World Wide Web/mobile internet via the homepage of the BuildMost English website (www.buildmost.com). We are under no obligation to ensure that the aforementioned VIP membership services are fully or partially available through other channels due to factors such as user experience, device advancements, or technical limitations.

5.2. While we will continuously improve the services under this Agreement, we do not guarantee or make any promises regarding metrics such as traffic, inquiries, the number of submitted quotes/quote intentions, operational performance, investment returns, or any other results from your use of the VIP membership services for design service providers on the BuildMost English Platform.

5.3. The rights, benefits, features, and functionalities provided to you may vary depending on factors such as time, region, and conditions. Unless explicitly agreed otherwise, we make no guarantees or representations regarding the provision of specific features or functionalities, or the uniformity in category or scope of the features and functionalities provided.

5.4. You understand that while we will make every effort to ensure the safety, effectiveness, accuracy, and reliability of the services and related technology and information, we are not liable for any contractual obstacles, defects, delays, or content changes resulting in direct or indirect losses caused by the following reasons:

(1) Force majeure events, such as natural disasters, strikes, riots, wars, terrorist attacks, government actions, or judicial and administrative orders;

(2) Public service or other factors, such as technical limitations, adjustments, or failures of telecommunications departments or communication networks;

(3) Faults in the software, systems, hardware, or communication lines of the user's own devices, or the use of the service in a manner not stipulated under this Agreement;

(4)Good-faith management on our part but encountering emergencies such as equipment/system failures/maintenance or issues related to network information and data security;

(5) Failures of systems, terminal devices, networks, or communication facilities, as well as uncontrollable network security risks such as hacking or virus attacks.

5.5. We are not liable to provide compensation or assume any responsibility for VIP membership benefits that are invalidly consumed or not fully utilized due to insufficient inquiry demand, your own reasons, or any third-party factors.

5.6. If the VIP membership services for design service providers on the BuildMost English Platform cannot function properly for a short period due to our reasons, including but not limited to technical limitations, capacity issues, or program errors, we are not liable for any direct or indirect business losses, bidding opportunities, or profit opportunities caused by such interruptions unless they result from our willful misconduct or gross negligence. In such cases, you also agree that we are not obligated to provide refunds.

5.7. Under no circumstances shall our total liability for any refunds, compensation, or indemnification exceed the total amount of service fees we have actually collected from you for the current purchase of VIP membership services for design service providers on the BuildMost English Platform.

5.8. We reserve the right, within the limits of applicable laws, to independently refuse service, close user accounts, remove or edit content, or take other related actions at our sole discretion.

AGREEMENT UPDATES AND USER RESPONSIBILITIES

6.1. In accordance with changes in relevant laws and regulations and the operational needs of the BuildMost Platform, we reserve the right to periodically formulate, amend, suspend, cancel, or modify this Agreement and/or related service rules via website announcements, emails, SMS, or in-platform messages. Any revised Agreement will take effect immediately upon its publication on the BuildMost Platform and supersede the previous version. Such notifications are deemed delivered upon the date of dispatch. If multiple notification methods are used simultaneously, the earliest dispatch date shall be considered the effective delivery date. Users should promptly review the updated service rules and any modifications to this Agreement. If you disagree with the updated rules or terms, you should promptly terminate your agreement with us. Continued use of the services will be deemed as acceptance of the updated Agreement. We recommend that you review this Agreement and BuildMost Platform announcements before using the services.

GOVERNING LAW AND JURISDICTION

7.1. The establishment, validity, interpretation, and performance of these Terms, as well as any disputes arising from them, shall be governed by the laws of the Hong Kong Special Administrative Region.

7.2. Any disputes, controversies, or claims arising out of or relating to these Terms, shall be resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in force at the time of the commencement of the arbitration. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding on both parties.

MISCELLANEOUS

8.1. The index keywords listed before each clause in this Agreement are provided solely for your convenience and understanding of the main idea of the terms and do not affect or limit the meaning or interpretation of the clauses. To safeguard your rights and interests, we recommend that you carefully read the specific terms of each clause.

8.2. This Agreement serves as a supplement to the "BuildMost Terms of Service," "BuildMost Privacy Policy," and other platform agreements, forming a unified whole with these agreements. The content of this Agreement includes its main text and all applicable service terms and rules that we have already published for VIP membership users of the BuildMost English Platform for design service providers. Future updates to relevant terms and rules will be developed based on this Agreement and will take effect upon publication in accordance with the prescribed procedures. All terms and rules are inseparable parts of this Agreement and have the same legal effect as the Agreement itself.

8.3. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding. Customer service contact for “BuildMost English Platform VIP Membership Service Agreement for Design Service Providers”: [email protected].