Chinafy Terms of Service

These Standard Terms of Service (“Agreement”) govern your use of Chinafy, a product provided by Notey Limited (“Notey,” “we,” “us,” or “our”). By accessing or using the Services, you agree to comply with and be bound by this Agreement. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to bind that entity. If you do not agree to the terms of this Agreement, you may not use the Services.

Chinafy is a performance optimization platform designed to accelerate website content delivery, particularly for users in regions like China. It combines multiple services, including a fully-managed CDN and the flexibility to integrate with your existing CDN, optimizing traffic routing to reduce latency and improve speed.

Unlike traditional CDNs, Chinafy goes beyond simple content delivery. It delivers faster load times and enhanced functionality by leveraging its multi-CDN orchestration and optimizing performance specifically for regions like China, where network conditions may cause latency issues. This ensures that your site’s performance is superior to relying on near-China CDNs or hosting providers alone.

Chinafy does not host content, modify origin infrastructure, or store customer data. It acts as an optimization layer, managing web traffic routing to improve speed and compatibility with diverse networks. All content optimization is governed by cache headers and configurations set by the customer, who is responsible for the accuracy of these settings. Chinafy is not a content management system, web host, or security platform.

To use the Services, you must be at least 18 years old or of legal age in your jurisdiction and have the legal capacity to enter into binding agreements. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that entity to this Agreement.

You must complete the registration process, which includes onboarding managed by Notey. The registration involves making DNS changes to integrate your site with our platform. Self-onboarding is not available. You are responsible for ensuring that all information provided during registration is accurate and up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Notey immediately of any unauthorized use or breach of your account.

Notey respects your end users’ privacy and the data protection practices of your website. You are solely responsible for the collection, use, storage, and processing of end-user data, including any personal data processed on your website.

Notey’s role in processing data is limited to optimizing the delivery of web content. We do not access, store, or process personal data as part of our Services. Any data that passes through our infrastructure is transient and encrypted in transit, subject to the cache-control settings you configure.

It is your responsibility to ensure compliance with applicable laws regarding data privacy and protection (such as GDPR, CCPA, and others) for the data you collect and process. Notey does not act as a data controller and cannot be held responsible for your compliance efforts.

Notey provides the tools to optimize performance and manage content delivery, but the responsibility for ensuring compliance with privacy regulations and securing user data rests with you. This shared responsibility model means that while Notey manages the infrastructure and optimization process, you manage your website’s content and compliance requirements.

You are solely responsible for the content of your website and the configuration of the Services. You must ensure that:

 • Your website complies with applicable laws and regulations (e.g., privacy, intellectual property).

 • Content is properly tagged for caching (e.g., using private or no-cache headers for sensitive data).

 • You maintain appropriate security for your origin server and content.

You agree not to:

 • Use the Services to transmit or distribute malware, unauthorized data scraping, or illegal content.

 • Engage in activities that would disrupt, interfere with, or damage the Services or other users’ access.

 • Circumvent usage restrictions or abuse the Services for unintended purposes.

Any violation of these responsibilities may result in suspension or termination of access to the Services.

You agree not to use the Services for any illegal, unlawful, or unethical purposes, including but not limited to:

 • Violating any laws, regulations, or third-party rights;

 • Engaging in activities that could harm the performance or reputation of the Services;  

 • Using the Services to distribute malware, spam, or conduct denial-of-service attacks;

 • Attempting to gain unauthorized access to Notey’s infrastructure, other users' data, or any third-party services integrated with Chinafy;

 • Engaging in activities that could disable, overburden, or impair the Services or Notey's infrastructure.

Any violation of these terms may result in the suspension or termination of your access to the Services.

All fees for the Services are specified in your Subscription Plan or Order Form. Unless otherwise stated:

Fees are payable in advance and are non-refundable.

All prices exclude taxes, which are your responsibility to pay.

Failure to pay fees when due may result in the suspension of your access to the Services.

You agree to provide accurate and current billing information. Payments may be processed via credit card, bank transfer, or other payment methods accepted by Notey.

Notey reserves the right to suspend or terminate your access to the Services in the event of late payments or non-payment. Any overdue amounts may incur interest or late fees.

Notey offers support to customers based on their subscription plan. Support services may include technical assistance, troubleshooting, and consultation, as detailed on our support page: https://www.chinafy.com/support/plan-support-levels.

The Services are provided on a best-effort basis, with uptime targets and performance commitments outlined in our SLA, which is based on the underlying infrastructure (AWS, CDNs, etc.). For specific guarantees, refer to your SLA, which can be found at:

https://www.chinafy.com/legal/sla.

Notey does not collect or store personal data in the process of delivering the Services. Content passing through Chinafy is encrypted in transit and is handled based on cache control headers provided by you, the Customer.

 You remain the sole data controller for any data transmitted through the platform, and it is your responsibility to ensure that your use of the Services complies with applicable data protection laws (e.g., GDPR, CCPA).

For more details on how we handle data and privacy, please refer to our Privacy Policy.

Notey uses Amazon Web Services (AWS) and other cloud service providers to deliver its Services. We implement industry-standard security measures, including AWS Shield Standard and ISO/IEC 27001 certification, to protect our infrastructure and customer data in transit.

While we maintain a secure infrastructure, you are responsible for ensuring that your origin infrastructure is secure, including implementing appropriate measures such as HTTPS, firewalls, and data access control.

Notey does not guarantee protection against all security threats and makes no representations regarding your origin environment or third-party services.

You are solely responsible for maintaining the security of your website, origin infrastructure, and data. This includes:

 • Implementing security measures such as firewalls, HTTPS encryption, and access control for your origin servers;

 • Ensuring that data transmitted through the Services is properly encrypted and protected;

 • Managing and securing any access credentials used to integrate with the Services.

Notey is not responsible for any data breaches or security vulnerabilities resulting from your failure to maintain proper security practices.

You may terminate this Agreement at any time by providing written notice to Notey. Termination will be effective on the last day of the current billing period.

Upon termination, you may revert Chinafy’s implementation by reverting your DNS or CDN go-live settings. This action will effectively remove Chinafy’s optimization services from your website, and the Services will no longer apply to your website.

You are solely responsible for reconfiguring your DNS and CDN settings to stop routing traffic through Chinafy. After termination, Chinafy’s optimization services, including performance and caching, will no longer be applied to your website, and you will no longer benefit from the Chinafy platform.

Notey may suspend or terminate your access to the Services immediately if:

 • You breach these Terms,

 • Payment is overdue,

 • You misuse the Services, or

 • We are unable to provide the Services due to external factors (e.g., third-party service failure).

Upon termination, you must cease all use of the Services, including removing any DNS settings that direct traffic to Chinafy. All unpaid fees for services rendered up to the termination date will remain due and payable. 

Notey reserves the right to suspend or limit your access to the Services at any time, without liability, if:

 • We reasonably believe you are using the Services in violation of this Agreement, applicable laws, or in a manner that may harm the performance or security of the Services;

 • We receive complaints from third parties, including other users, regarding your use of the Services;

 • Your use of the Services could cause harm to Notey’s infrastructure, services, or reputation.

Suspension will be temporary unless your actions are not remedied. Notey will provide you with notice of suspension and the reason for such suspension.

Chinafy operates under robust cybersecurity standards, leveraging industry-leading protections to ensure the security and confidentiality of data transmitted through our platform. We use services such as AWS Shield Standard for DDoS protection and adhere to ISO/IEC 27001 certification to maintain a secure operational environment.

In addition, Chinafy optimizes website performance specifically for visitors in China, taking into account third party resource optimizations. However, it is your responsibility to comply with local data protection regulations, including but not limited to the Personal Information Protection Law (PIPL) in China.

China-Specific Protections

Chinafy utilizes multiple CDNs as a secondary part of its service , including those optimized for traffic to and from mainland China (e.g., Alibaba Cloud CDN, Tencent Cloud CDN), the providers and location for which depend on your configuration and whether the necessary pre-requisites are met. This ensures faster and more reliable content delivery for users in China, without the need to rely solely on international CDNs. While we enhance your website’s accessibility for users in China, Chinafy does not store or host any content within China. Please note that Chinafy does not directly provide or facilitate ICP licenses for hosting content in China. However, we work with trusted partners who can assist you in the ICP licensing process, if needed. It is your responsibility to obtain an ICP license, if required by Chinese law, to host content within China.

Notey reserves the right to modify this Agreement from time to time. Any updates will be posted at https://www.chinafy.com/legal/standard-terms-of-service. We will provide notice of material changes. By continuing to use the Services after such changes are made, you agree to the modified terms.

The Services are provided “as-is” and “as-available,” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. While we strive to provide reliable, high-quality services, Notey does not guarantee that the Services will be uninterrupted, error-free, or secure. By using the Services, you acknowledge and accept the inherent risks associated with internet-based services and understand that disruptions may occasionally occur.

You use the Services at your own risk, and Notey does not assume responsibility for any issues that arise from using the platform, other than those expressly stated in this Agreement.

To the fullest extent permitted by law, Notey’s total liability under this Agreement shall not exceed the total amount paid by you for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall Notey be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or opportunity, even if advised of the possibility of such damages.

We understand that service disruptions, technical issues, and data losses are significant concerns. Therefore, we strive to offer excellent service. However, we cannot be held responsible for circumstances beyond our control, including issues caused by third-party services or events outside our reasonable scope of management. This limitation is intended to ensure fairness while allowing you to make informed decisions about your use of the platform.

You agree to indemnify, defend, and hold harmless Notey, its affiliates, officers, employees, agents, and representatives from and against any claims, damages, liabilities, and expenses (including legal fees) arising out of or related to:

 • Your use or misuse of the Services;

 • Any violation by you of any law or regulation, including intellectual property rights, privacy rights, or the Personal Information Protection Law (PIPL) in China;

 • Any content you upload, host, or distribute via the Services.

You agree to cooperate with Notey in the defense of any claim, and Notey reserves the right to assume exclusive control over the defense of any matter subject to indemnification.

This Agreement is governed by the laws of the Hong Kong Special Administrative Region. Any disputes will be resolved through binding arbitration in Hong Kong, in accordance with the rules of the Hong Kong International Arbitration Centre (HKIAC).

Notey shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:

 • Acts of war, terrorism, or civil unrest;

 • Natural disasters, such as floods, earthquakes, or pandemics;

 • Acts of government, including trade restrictions or embargoes;

 • Failures of third-party service providers, including internet service outages or CDN issues.

In the event of a force majeure occurrence, Notey will notify you promptly and take reasonable steps to restore services as soon as possible.

You grant Notey the right to use your logo, trademarks, and service marks (“Customer Marks”) in connection with marketing, advertising, and promotional materials. This includes the right to display your logo on Notey’s website, in case studies, or other promotional materials that showcase your use of the Services.

Notey agrees to use your Customer Marks in a manner consistent with your brand guidelines, and Notey will not alter or modify your Customer Marks without your prior written consent. Notey will also provide you with reasonable notice of any public use of your Customer Marks, and you may request Notey to remove your logo from any materials at any time, subject to a reasonable transition period.

This license to use your Customer Marks is granted on a non-exclusive, royalty-free basis and will remain in effect until terminated by either party with written notice.

This Agreement constitutes the entire understanding between you and Notey regarding your use of the Services. If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force.

For any questions or concerns, please contact us at: privacy@notey.com 

Notey Limited (Chinafy)