REDnote(Xiaohongshu) User Terms of Services

Last Updated: January 19th, 2025

Special notes

Welcome to the Xiaohongshu Platform provided to you by Xiaohongshu. Please read carefully and fully the following content, particularly the terms exempting or limiting the liability of Xiaohongshu, the terms limiting the rights of Users, and the terms stipulating the governing law of these Terms and the jurisdiction in which disputes shall be resolved. The terms limiting and/or exempting liability or other clauses which affect your substantial rights and interests may be bolded or otherwise emphasized for your attention**.**

If you are under the age of 18 or do not meet the age requirements for using the Xiaohongshu Platform in the place where you live**, or if there are other legal requirements that are not compatible with** U**ser behavior, please** follow the local legal requirements (A) not to use the Xiaohongshu Platform, or (B) to read these Terms under the supervision and guidance of your legal guardian (“Guardian”), and only use the Xiaohongshu Platform after ensuring that your Guardian agrees to the content of these Terms as required by applicable laws.

You are not authorized to use the Xiaohongshu Platform unless you have fully read and accepted all the clauses of these Terms. If you do not agree to these Terms or any of its clauses, you should immediately stop using the Xiaohongshu Platform. By clicking “Agree”, or by using the Xiaohongshu Platform, or by expressing acceptance of these Terms in any other explicit or implicit manner, you will be deemed to have read and agreed to these Terms. These Terms then take legal effect between you and Xiaohongshu, constituting a legally binding document for both parties.

If you are located in the USA, please note that these Terms contain a dispute resolution and arbitration provision, including a class action and jury trial waiver, that affects your rights under these Terms and with respect to disputes you may have with us and any related parties. You may opt out of the binding individual arbitration and class action and jury trial waiver as provided in clause 9.3 below**.**

1. Definitions and Scope of these Terms

1.1 Definitions

“Xiaohongshu Platform” means the website with the domain name xiaohongshu.com, mini program, the “Xiaohongshu” user-end application, and the websites or software which rely on the aforesaid website or application.

“Xiaohongshu” or “We” means the operator of the Xiaohongshu Platform, namely Xingyin Information Technology (Shanghai) Co., Ltd. and its affiliates.

“Xiaohongshu Platform Services” means various functions or services provided by Xiaohongshu through the Xiaohongshu Platform, including but not limited to content browsing, content distribution, goods and services transactions, live streaming, and other functions or services such as collection, comments, sharing, forwarding, search, and platform activities, which depend on the actual services or functions provided by Xiaohongshu. Xiaohongshu also has the right to add, suspend, or otherwise adjust the functions or services.

“Xiaohongshu Account” or “Account” means the account that Users may need to register when using the Xiaohongshu Platform. We provide Users with a registration channel for the Xiaohongshu Platform. You may register for a Xiaohongshu Account using your mobile phone number or other methods permitted by us.

“User” means the user of the Xiaohongshu Platform, more commonly referred to as “you” in these Terms.

“Improper Information” refers to information that contains the following content:

    • violating the basic principles established by the Constitution of the People’s Republic of China, inciting resistance or undermining the implementation of the Constitution of the People’s Republic of China and other laws and regulations;
    • endangering national unity, the integrity of the sovereignty and territory of the People’s Republic of China, leaking state secrets of the People’s Republic of China, endangering national security of the People’s Republic of China, damaging national dignity, honor, and interests of the People’s Republic of China, and promoting terrorism and extremism;
    • defaming the excellent Chinese cultural traditions, inciting ethnic hatred and discrimination, infringing on Chinese ethnic customs and habits, distorting Chinese ethnic history and historical figures, hurting ethnic feelings, and undermining ethnic unity;
    • inciting the destruction of national religious policies of the People’s Republic of China, promoting religious fanaticism, endangering religious harmony, undermining the feelings of religious citizens, undermining the unity between religious and non-religious citizens, and promoting cults and superstitions;
    • endangering social morality of the People’s Republic of China, disrupting social order of the People’s Republic of China, undermining social stability of the People’s Republic of China, promoting obscenity, gambling, drug abuse, depicting violence and terror, inciting crime or teaching criminal methods;
    • infringing on the legitimate rights and interests of minors or harming their physical and mental health;
    • insulting or defaming other people, or disseminating the private information of other people, infringing on others’ legitimate rights and interests;
    • violating the “Seven Baselines” requirements, namely, the legal and regulatory baseline, the Chinese socialist system baseline, the Chinese national interest baseline, the Chinese citizens’ legitimate rights and interests baseline, the Chinese social and public order baseline, the moral customs baseline, the truthful information baseline; and
    • other content prohibited by laws and regulations.

1.2 Scope of these Terms

These Terms are the agreement between you and Xiaohongshu regarding your download, installation and use of the Xiaohongshu Platform, including the main body of these Terms, the Xiaohongshu User Privacy Policy, the Rules Regarding the Protection of Personal Information of Minors of Xiaohongshu, the Xiaohongshu Community Guidelines, the Xiaohongshu Community Rules, the Xiaohongshu Live Streaming Service Agreement, the Xiaohongshu Community Live Streaming Rules and various rules, regulations and notices that Xiaohongshu has published or may publish/update in the future and notifies you of through reasonable means. All rules are integral parts of these Terms and shall have the same legal effect.

2. Account Management

2.1 Account Opening

The Xiaohongshu Platform provides you with registration and login channels. You can follow the instructions on the web page to fill in the information and read and agree to these Terms. After completing all the registration and login procedures, you will become a User of the Xiaohongshu Platform. You must also fill out your real identity information in accordance with laws and regulations (if applicable), otherwise you may not be able to use the Xiaohongshu Platform Services or your use of the Xiaohongshu Platform Services may be restricted. You acknowledge and agree that you are obliged to maintain the authenticity, validity, accuracy and completeness of the information you provide to us.

The Account you obtain after registration and the password you set are your credentials for logging in and using the Xiaohongshu Platform as a User. You should use them carefully and keep them properly. You shall be responsible for all activities and conduct**s** undertaken by the Account. You shall be responsible for any hacking of the Account, loss of password, and illegal use of the Account, which are caused by your improper safekeeping of your Account**.**

You shall not register a Xiaohongshu Account maliciously, including but not limited to via frequent registration, batch registration, registration using another person’s identity or other Account registration activities that are not conducted for the purpose of normal usage of the Xiaohongshu Platform.

2.2 Account Information Settings

Information that you provide when registering or using the Xiaohongshu Platform, including but not limited to name, avatar and profile details, must comply with applicable laws and regulations, social morals and customs, and authenticity of information and other principles, must not contain any Improper Information, must not use someone else’s name, title, trade name, avatar, or other measures that may cause confusion to set up an Account, and must not infringe on the legitimate rights or interests of any third party.

2.3 Account Use and Ownership

Certain third-party websites or services may allow the use of a Xiaohongshu Account as one of the methods for logging in. You acknowledge that these websites or services are not operated by Xiaohongshu unless otherwise expressly stated by Xiaohongshu**. Y**ou must determine the level of security and reliability of such third-party websites or services and bear the relevant risk and liability on your own**.**

As your Account is linked with your personal information and commercial information of the Xiaohongshu Platform, your Account is for your personal use only. Authorizing any third party to use your Account or access your Account information is invalid without the consent of Xiaohongshu. If Xiaohongshu determines that the use of your Account may violate laws, regulations or these Terms, or jeopardize the security of your Account and/or the information security of the Xiaohongshu Platform, Xiaohongshu may refuse to provide the relevant services and may take measures including but not limited to suspend, block, close or revoke your Account or terminate these Terms. You shall bear all losses arising therefrom, including but not limited to the deletion of content and virtual items in your Account.

2.4 Account Closure and Revocation

You may apply to close your Xiaohongshu Account in accordance with the procedure of the Xiaohongshu Platform, but you shall still be responsible for your actions prior to the closure of your Account or during your use of the Xiaohongshu Platform. Once the closure is completed**, unless otherwise** required by applicable laws and regulations, Xiaohongshu will not provide you with services such as recovery of your A**ccount records, content** or virtual items, etc. Please proceed with the Account closure with caution.

You acknowledge and agree that in order to fully utilize account resources, if you do not log in and use your Account in a timely manner after registration, or if you have not logged in and used your Account for more than six consecutive months, and there are no unexpired or unfulfilled ongoing Xiaohongshu Platform Services, Xiaohongshu has the right to revoke your Account. If your Account is revoked, you cannot log in and use the Xiaohongshu Platform by using your revoked Account, and the information saved under such Account such as content, privileges, personalized settings and use records will not be recoverable.

2.5 Handling of Non-compliant Account

If there is any behavior that violates laws or regulations or these Terms when you register or use the Xiaohongshu Account, Xiaohongshu has the right to refuse registration; if such Xiaohongshu Account has been registered, Xiaohongshu has the right to require the User to make corrections within a specified period, or take measures such as short-term or permanent Account blocking, account closure, etc**.**

3. Xiaohongshu Platform Services

3.1 Content Browsing

You may be able to browse and subscribe to various types of information and content through the Xiaohongshu Platform. You should make your own judgment on the content on the Xiaohongshu Platform and you bear the risks arising from reliance or use of the content on your own. To the fullest extent permitted by applicable laws, you are exclusively liable for all payments or transactions made based on such content, or any damage or losses incurred as a result of the aforesaid content on your own.

3.2 Content Publishing

Subject to these Terms, you may be able to use the Xiaohongshu Platform to publish your original views, text, information, images, audio, videos or other original content or such content which you have the right to publish. Any content that you publish on the Xiaohongshu Platform does not represent the views, positions or policies of Xiaohongshu. You are exclusively responsible for content that you publish.

You must comply with all applicable laws and regulations when publishing content through the Xiaohongshu Platform, and shall not use the Xiaohongshu Platform to produce, copy, publish, disseminate, or store any information that violates laws or regulations, jeopardizes national security of the People’s Republic of China, may cause damage to users’ property or information security, marketing information, vulgar and inappropriate information or other information that we consider to be objectionable, Improper Information and inaccurate information etc.

Users shall not make use of new technologies and applications such as those based on deep learning, virtual reality or generative artificial intelligence to produce, upload, copy, transmit or disseminate false news and other information or content prohibited by applicable laws or regulations, or falsely refer to synthetic content as real or natural content. When you publish or disseminate non-authentic information produced by utilizing new technologies and applications such as those based on deep learning, virtual reality, generative artificial intelligence, you shall identify it in a prominent manner. Otherwise, we shall have the right to take measures including but not limited to adding labels to, setting restriction on, and blocking of the relevant content and accounts.

3.3 Transactions of Goods and Services

You may use the Xiaohongshu Platform to conduct transactions of goods and services. If you are a minor or a person with limited civil capacity, please conduct transactions with the consent of your Guardian.

When conducting transactions, please be sure to carefully confirm important matters such as the name, price, quantity, model, specifications and dimensions of the goods purchased or the time, content and restrictive requirements of such services, and to verify your contact address, telephone number, recipient information and so on when placing an order. If you do not fill in yourself as the recipient, you shall assume all the legal consequences arising from the recipient’s acts and expression of intent.

Your transaction activity should be based on genuine consumption need. There shall be no malicious purchase of goods or services, malicious safeguarding of rights and other acts that disrupt to the normal order of trading on the Xiaohongshu Platform. Based on the need to maintain the order of trading and transaction security of the Xiaohongshu Platform, Xiaohongshu may take the initiative to close the relevant transaction orders upon discovering the above circumstance and take other measures.

If your transaction counterparty takes advantage of the system loopholes of the Xiaohongshu Platform or loopholes in rules, or improperly obtains platform subsidies and other benefits, based on the need to maintain the order of trading and transaction security of the Xiaohongshu Platform and the legitimate rights and interests of the Xiaohongshu, Xiaohongshu, upon discovering the above circumstance, can initiate to close the relevant transaction orders and take other measures.

After the termination of these Terms, for the transaction orders placed by you during the term of these Terms, Xiaohongshu may notify the transaction counterparty and shall have the right to decide on its own, or according to the intention of the transaction counterparty, whether to close the incomplete transaction orders. If Xiaohongshu does not close the transaction order, you shall continue to perform these Terms and the terms of the transaction order in respect of such transaction order, and shall assume the legal liabilities and damage arising therefrom.

3.4 Content Sharing and Forwarding

You may share and forward the information content on the Xiaohongshu Platform. However, without the written permission of Xiaohongshu, you may not copy, read, adopt or analyze the information, content and relevant data on the Xiaohongshu Platform, or make any form of sale and commercial use, or disclose or provide such content and data to a third party or allow the third party to use such content and data for any purpose.

3.5 Participation in Activities

You can participate in all kinds of online and offline interactive activities organized by Xiaohongshu from time to time through the Xiaohongshu Platform, but you shall not take any improper or cheating or non-compliant means to participate in the activities. Otherwise, Xiaohongshu has the right to restrict or cancel your eligibility to participate in the activities, and has the right to cancel or recover the rewards that you have obtained and received, and reserves the right to hold you legally responsible.

3.6 Live Streaming

If you are under 18 years of age or do not meet other conditions for the live streaming function, you may not use the live streaming function. If you meet the conditions for live streaming, you may carry out live streaming activities through the Xiaohongshu Platform, and shall comply with the agreement of the Xiaohongshu Live Streaming Service Agreement and the Xiaohongshu Community Live Streaming Rules.

3.7  Service Fee

Xiaohongshu has incurred substantial costs in providing the Xiaohongshu Platform Services to you. Apart from the explicitly charged services on the Xiaohongshu Platform, the Xiaohongshu Platform Services provided to you by Xiaohongshu are free of charge. If, in the future, Xiaohongshu charges you a reasonable fee, Xiaohongshu will provide you with a reasonable period of notice in advance through reasonable means to ensure that you have sufficient right to make a choice.

In the event that Xiaohongshu lowers the charging standard of the charged services or changes the charged services to free services, Xiaohongshu reserves the right not to provide refunds or fee adjustments to Users already paid.

4. Rights and Licenses

4.1 Statement by the Platform

[Platform Intellectual Property Rights] The content provided by the Xiaohongshu Platform, including but not limited to videos, graphics, text, textual expressions and any combination of the foregoing, interface design, page layout framework, image icons and trademarks are owned or licensed by Xiaohongshu, and are protected by the Copyright Law, the Trademark Law, the Patent Law, the Law Against Unfair Competition, international treaties and other laws and regulations of the People’s Republic of China, and the intellectual property laws and conventions of other countries and jurisdictions. Without the written permission of Xiaohongshu, Users are not allowed to use, reproduce or reuse such content, or create derivative works related to such content for any purposes. We reserve all rights that we do not explicitly grant to you in these Terms.

[Platform User Guidelines] You may not engage in the following activities:

    • reverse engineering, disassembling, decompiling, or otherwise attempting to discover the source code of the Xiaohongshu Platform;
    • directly or indirectly stealing the video, graphic, User information and other information and/or content of the Xiaohongshu Platform by any means (including but not limited to hotlinking, redundancy stealing, illegal scraping, mock downloading, deep linking, spoofed registration, etc.);
    • logging in or using the Xiaohongshu Platform through third-party software, plug-ins, add-ons or systems that are not developed, authorized or licensed by Xiaohongshu, or interfering with, disrupting, modifying or otherwise affecting the normal operation of the Xiaohongshu Platform;
    • using or targeting the Xiaohongshu Platform to carry out any activities that endanger or expose weaknesses in the security of our computer network or the networks of any third party, including but not limited to illegal intrusions into the network, interference with the normal functioning of the network, stealing network data, and other activities that endanger network security; providing programs, tools and other support and assistance for the above conducts; interfering with or destroying the normal operation of the Xiaohongshu Platform’s systems, software or website; intentionally spreading malicious programs, software or viruses; or engaging in other activities which may destroy and interfere with normal network information services;
    • using the Xiaohongshu Platform in other illegal manner, for any illegal purpose, or in ways inconsistent with other norms and standards established by Xiaohongshu for such purpose.

4.2 Authorization of User Content and Information

The content (including but not limited to text, images, video and audio) you post or upload on the Xiaohongshu P**latform** must be sourced legally, owned by you or you must have obtained the necessary authorization.

Unless proven otherwise, you acknowledge and agree that, in order to improve sharing and promotion of Users’ content and to increase its distribution value and impact, you grant Xiaohongshu a free, irrevocable and non-exclusive license (without any restrictions on territory) to use, including to store, use, transmit, reproduce, modify, adapt, compile, publish, display, translate, perform, or create derivative works of, Users’ content, to incorporate such content into other works in any forms, media or techniques now known or hereafter developed, sub-license to third parties the right to use such content in the foregoing manner**, and the right to preserve evidence, file complaints or bring proceedings** in our own name or by designating professional third parties in respect of infringement on the content you upload and post for which you have intellectual property rights**.**

For the avoidance of doubt, the above license includes the right and license to use, reproduce, and display the personal images, likenesses, names, trademarks, brands, logos, and other marketing and promotional materials in Users’ content.

4.3 Infringement Complaints

Xiaohongshu respects and protects your and others’ intellectual property rights, right to reputation, right to name, right to privacy and other legal rights and interests. You warrant that the text, images, video, audio, links, etc. uploaded to the Xiaohongshu Platform do not infringe any third party’s intellectual property rights, right to reputation, right to name, right to privacy and other legitimate rights and interests. Otherwise, Xiaohongshu has the right to remove any allegedly infringing content upon receipt of notice from the right holder or relevant parties.

If you believe that any content on the Xiaohongshu Platform infringes on your legitimate rights and interests, you must send us a notice of infringement that complies with such method and requirements specified in the Guidelines for Complaints of Infringement. Upon receipt of a valid notice, we will conduct a relevant review and take necessary measures against content preliminary proved to be infringing. For content that cannot be identified as infringing, you will also be informed accordingly. If you still believe that an infringement in fact exists, you shall send a new infringement notice supplemented with evidence proving the infringement.

To the fullest extent permitted by applicable law, the data stored by Xiaohongshu on its servers is the sole valid evidence of the User’s use of the Xiaohongshu Platform.

5. Liabilities

5.1 Handling of Breach

If you violate these Terms, Xiaohongshu has the right to make an independent judgment and immediately suspend or terminate the provision of the Xiaohongshu Platform Services**, in full or in part, to you, including adopting measures such as muting, blocking information, deleting published content, banning Accounts, and closing Accounts. You shall be exclusively liable and responsible for any losses and damages associated with such measures (including but not limited to the clearing of content, virtual** items and privileges of your Account, the inability to use the Account and related Xiaohongshu Platform Services, or any other consequences).

5.2 Assumption of Liability

The forms of legal liabilities which you may assume include but are not limited to fully compensating the injured party for losses, issuing apologies, remedying negative impacts, returning property, etc. If your acts cause losses to Xiaohongshu, you shall assume the full liabilities of compensation of losses, including direct losses such as administrative penalties or damages, and indirect losses such as loss of goodwill, settlement payments, attorney fees, and litigation fees.

5.3 Anti-Commercial Bribery

You fully acknowledge that any offer of tangibles, cash, cash equivalents, labor, travel and other benefits with values that significantly exceed the scope of normal business negotiations to employees, consultants or other personnel of Xiaohongshu is considered commercial bribery. Upon the occurrence of the foregoing circumstances, Xiaohongshu may immediately terminate all cooperation with you and hold you legally responsible.

5.4 Handling of Breaches under Related Agreements

In the event that Xiaohongshu terminates these Terms as a result of your breach of the same, for the purpose of maintaining the order of the Xiaohongshu Platform, Xiaohongshu may terminate the cooperation under other agreements Xiaohongshu may have with you (if any). If you violate any of those other agreements with Xiaohongshu, Xiaohongshu also has the right to terminate these Terms. In addition to the termination of aforementioned agreements**, Xiaohongshu may also hold you liable for breach of contract under these Terms or such other agreements.**

5.5 Publication of Information

Xiaohongshu may publish on the Xiaohongshu Platform the information on the handling of your aforementioned breaches, and other information on violations of laws or regulations confirmed by effective legal documents issued by the state administrative or judicial authorities. For suspected violations of laws or regulations, we are obliged to keep relevant records, report to the relevant state authorities and cooperate with investigations.

6. Limitations of Liability, Disclaimers, and Indemnities

Because the laws of different countries or regions differ from some other laws, these Terms include one clause that applies only if you are located in the European Economic Area (“EEA”), United Kingdom and Switzerland (collectively, “EEA+”) (clause 6.1), one clause that applies only if you are located in the People’s Republic of China (clause 6.2) (for the avoidance of doubt, for the purpose of clause 6.2 only, the People’s Republic of China excludes the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the China Taiwan region) and one clause that applies only if you are located other country or region (clause3).

6.1 If you are located in the EEA+

This clause 6.1 only applies if you are located in the EEA+. Provided that we have acted with professional diligence, we do not take responsibility for loss or damage, unless it is: (1) caused by our breach of these Terms; or (2) reasonably foreseeable at the time of entering into these Terms (i.e., it is obvious that it will happen or, at the time that you and we entered into these Terms, it is known that it might happen). Nothing in these Terms is intended to exclude or limit our liability for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

Notwithstanding anything else in these Terms, we will adhere to the following procedure if we suspect that you have breached these Terms. First, we may investigate and, while we do so, we may suspend your access to the Xiaohongshu Platform, acting reasonably and objectively depending on the seriousness of the suspected breach and only to the extent permitted by applicable law and in accordance with any legal obligations. We might then decide to temporarily suspend or permanently terminate your access to the Xiaohongshu Platform if: (1) we determine, acting reasonably and objectively, and in accordance with applicable law, that you are in material or repeated breach of these Terms; (2) we have objective grounds to reasonably believe that you are about to seriously breach these Terms; (3) we are legally required to do so; or (4) we have objective grounds to reasonably believe that it is required in response to dealing with a serious technical or security issue. If you think we have made a mistake in suspending or terminating your access to the Xiaohongshu Platform, you can appeal our decision by writing to us at Rooms C201, C202, C203, C204, C205, C206 and C207, C/F, Fuxing SOHO Plaza, No. 368, Madang Road, Huangpu District, Shanghai. We will then review our decision and decide again.

6.2 If you are located in the People’s Republic of China

This clause 6.2 only applies if you are located in the People’s Republic of China. For the purpose of clause 6.2 only, the People’s Republic of China excludes the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the China Taiwan region.

UNLESS OTHERWISE EXPRESSLY STIPULATED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR CRIMINAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS INCURRED BY YOU AS A RESULT OF YOUR USE OF THE XIAOHONGSHU PLATFORM OR XIAOHONGSHU PLATFORM SERVICES. UNLESS OTHERWISE EXPRESSLY STIPULATED BY APPLICABLE LAWS, OUR TOTAL LIABILITY TO YOU, REGARDLESS OF THE CAUSE OR FORM OF ACTION, SHALL NOT EXCEED THE FEES (IF ANY) YOU PAID TO US DURING YOUR USE OF THE XIAOHONGSHU PLATFORM OR XIAOHONGSHU PLATFORM SERVICES.

6.3 If you are located in other country or region

This clause 6.3 only applies if you are located outside of the EEA+ (as per clause 6.1) and the People’s Republic of China (as per clause 6.2).

NO WARRANTIES OR CONDITIONS: THE XIAOHONGSHU PLATFORM AND XIAOHONGSHU PLATFORM SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “SOLELY AT YOUR OWN RISK”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE XIAOHONGSHU PLATFORM AND XIAOHONGSHU PLATFORM SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE XIAOHONGSHU PLATFORM AND XIAOHONGSHU PLATFORM SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE XIAOHONGSHU PLATFORM AND XIAOHONGSHU PLATFORM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION, CONTENT AND SERVICES RELATED TO THE XIAOHONGSHU PLATFORM AND XIAOHONGSHU PLATFORM SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, AND OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND LICENSORS (COLLECTIVELY, “XIAOHONGSHU PARTIES”) HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE XIAOHONGSHU PLATFORM AND XIAOHONGSHU PLATFORM SERVICES.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, XIAOHONGSHU PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, LIQUIDATED, PUNITIVE OR OTHER SIMILAR DAMAGES, OR ANY DAMAGES IN EXCESS OF ACTUAL HARM, INCLUDING LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS,THE XIAOHONGSHU PLATFORM OR XIAOHONGSHU PLATFORM SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Access at our Discretion: To the fullest extent permitted by applicable law, we may limit, suspend, modify or terminate your access to the Xiaohongshu Platform or Xiaohongshu Platform Services, at our sole discretion, at any time and without notice to you, including if you are, or we suspect that you are, failing or will soon fail to comply with any of these Terms or for any actual or suspected illegal or improper conduct. Any such termination or suspension will not affect any other rights we may have under applicable laws.

Defense and Indemnification: You agree to defend Xiaohongshu Parties from any claim, demand, allegation, investigation, lawsuit, proceeding or other dispute asserted by any third party resulting from or arising out of your use the Xiaohongshu Platform and Xiaohongshu Platform Services, or any breach by you of these Terms. You also agree to indemnify and hold harmless each Xiaohongshu Party against any damages, liabilities, assessments, losses, costs, and other expenses (including reasonable attorneys’ fees and legal expenses) incurred by that Xiaohongshu Party relating to any such dispute. We will notify you promptly of any such dispute, and will provide you with reasonable assistance, at your expense, in defending any such dispute, except that failure to provide such notice will not release you from any obligations hereunder except to the extent that you are materially prejudiced by such failure.

Exception: Nothing in these Terms shall exclude or restrict any liability resulting from our gross negligence or willful misconduct, or any liability that cannot be excluded by law.

6.4 Third-Party Services

There may be separate agreements or rules for certain services on the Xiaohongshu Platform. Please read and agree to the relevant separate agreements or rules before using such service. When you are using the products or services provided by third-parties on the Xiaohongshu Platform, in addition to complying with these Terms and other relevant rules, you may also be required to carefully read, agree to, and comply with the third party’s agreements and relevant rules. Any dispute, loss or damage arising from the third party’s products or services shall be resolved between you and the third party in accordance with the relevant agreements.

6.5 Liability of the Platform

Xiaohongshu only assumes platform liability in accordance with applicable laws and regulations. We are not responsible for the defamatory, criminal or other illegal acts of any third parties, nor do we compensate for your losses caused thereby.

6.6 Changes, Suspension, Termination of Services

Xiaohongshu is constantly changing and improving the Xiaohongshu Platform Services. We will make best effort to provide service to you and ensure the consistency and security of our service. In connection therewith, we may update the Xiaohongshu Platform. You should update the software to the latest version, otherwise we do not guarantee your normal use of the Xiaohongshu Platform.

You acknowledge and agree that Xiaohongshu may choose to suspend, interrupt and terminate full or partial of the services on the Xiaohongshu Platform based on its own business decisions, government actions, force majeure and other reasons. If such circumstances occur, we will notify you in advance through reasonable means and within a reasonable period, and except as otherwise provided by applicable laws and regulations, we are not liable for the losses caused to you thereby.

In the event of a merger, division, acquisition, or asset transfer of Xiaohongshu, Xiaohongshu may transfer partially or wholly the Xiaohongshu Platform Services and the corresponding rights and obligations under these Terms to a third party for operation or performance. The specific transferee shall be subject to the notice by Xiaohongshu.

Xiaohongshu reserves the right to interrupt or terminate the provision of services to you without notice if any of the following circumstances occur:

    • where, according to the provisions of laws and regulations you should submit true information, but the personal information you provide is not true, or is inconsistent with the information at the time of registration and you fail to provide reasonable proof.
    • where you have violated the provisions of relevant laws and regulations or the clauses of these Terms.
    • where such interruption or termination is in accordance with the provisions of laws and regulations, or at the request of the judiciary or competent authorities.
    • where such interruption or termination is required for security reasons or other necessary circumstances.

7. Amendment and Termination of these Terms

7.1 Notice of Amendment of these Terms

Xiaohongshu reserves the right to amend these Terms when necessary, and will notify you in advance through reasonable means (including but not limited to by way of announcements on the Xiaohongshu Platform, system messages, in-App messages, mobile phone text messages, emails, or other similar means), and within a reasonable period. Such notices shall be deemed to have been delivered you on the date of circulation. You can view the latest version of these Terms on the relevant pages of the Xiaohongshu Platform.

7.2 Effectiveness of Amendment

If you continue to use the Xiaohongshu Platform after the amendments to these Terms take effect, you are deemed to have accepted the amended Terms. If you do not accept the amended Terms, you should stop using the Xiaohongshu Platform.

7.3 Termination of these Terms

When you close your Xiaohongshu Account or Xiaohongshu notifies you of the termination of the provision of the Xiaohongshu Platform Services to you (including but not limited to Account banning, Account closure, or other similar measures), these Terms shall terminate simultaneously, and Xiaohongshu will not separately notify you of the termination of these Terms.

8. Governing law and Jurisdiction

8.1 The place of signing these Terms is Huangpu District, Shanghai, the People’s Republic of China.

8.2 The execution, effectiveness, amendment, termination of, and any dispute concerning these Terms shall be governed by the laws of the People’s Republic of China (for the purpose of these Terms only, excluding the laws and regulations of the Hong Kong Special Administrative Region and the Macao Special Administrative Region, and the relevant provisions of the China Taiwan region).

8.3 If any dispute or controversy arises between you and Xiaohongshu, it shall be resolved through negotiation between Xiaohongshu and you. If the negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the people’s court where the defendant is located.

9. DISPUTE RESOLUTION BY BINDING ARBITRATION FOR PERSONS LOCATED IN THE USA

YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION AS PROVIDED IN CLAUSE 9.3 BELOW.

9.1 Election to Arbitrate

If you are located in the USA, you and we agree that the sole and exclusive forum and remedy for resolution of a Claim shall be final and binding arbitration pursuant to this section 9 (the “Arbitration Provision”), unless you opt out as provided in clause 9.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through, affiliated with, or connected with you), on the one hand, and us (or persons claiming through, affiliated with, or connected with us) on the other hand, regardless of when the claim arose, even if it was before these Terms existed, relating to or arising out of any products or services provided by us to you, any interactions or communications between or among you and us, these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including (except to the extent provided otherwise in the last sentence of clause 9.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or these Terms in their entirety. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.

9.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers

This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator shall apply the statute of limitations of the location where the arbitration takes place. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision or these Terms. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

9.3 Opt-Out of Arbitration Provision

You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to [email protected]**,** within 45 days of the earlier of the date of your electronic acceptance of these Terms or the date you first used the Xiaohongshu Platform. The opt out notice must clearly state that you are rejecting arbitration; provide your name, address, email address and telephone number; and be signed by you (which signature may be applied by including your name at the end of the email). No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf in the form of a notarized power of attorney.

9.4 Mandatory Informal Dispute Resolution

If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Prior to initiating any dispute or Claim in arbitration you must first give us an opportunity to resolve any complaints by sending an email to [email protected] with the subject line “Dispute Notice.” Your Dispute Notice must contain the following information: (1) your name, (2) address, (3) if available, the email address used with us, (4) user ID (5) if available, the confirmation or other information for the transaction that is the subject of the complaint, (6) the date, (7) a brief description of the nature of the complaint, and (8) the resolution you seek (together, the “Required Information”). If your Dispute Notice does not contain all of the Required Information (or an explanation of why you are unable to include it), then the Dispute Notice shall be without effect, and must be resubmitted before any arbitration or other legal action against us can be initiated. This requirement is intended to inform us that you have a complaint to be resolved.  If we do not resolve the complaint within 60 days of the initiation of the Dispute Notice, you shall be entitled to seek relief as stipulated in this Arbitration Provision.

9.5 Arbitration Procedures

The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”). If, and only if, the AAA declines for any reason to administer the arbitration or is otherwise unable to administer the arbitration for any reason, you agree that, alternatively, the arbitration will be administered by the National Arbitration and Mediation forum (“NAM”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator used, except to the extent the rules conflict with this Arbitration Provision or are prohibited by any countervailing law. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at https://www.adr.org/ or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with NAM at **https://www.namadr.com/resources/rules-fees-forms/****. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control if not prohibited by countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be conducted by one arbitrator, who will be appointed by the administrator. You agree that the arbitration will be conducted in the English language. Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will be held in the United States county where you live or work, or any other location we agree to. You agree that, in the event of an in-person hearing, any employee, witness or representative of ours who resides more than 150 miles from the location of the in-person hearing and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.  Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your account records and communications directly related to the transactions between you and us that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.**

9.6 Arbitration Fees

Each party will be responsible for its own initiation fees for arbitration, but if your entire Claim is for less than $1,000, we shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, we will pay as much of the fees and costs in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In the event that the AAA’s Consumer Mass Arbitration and Mediation Fee Schedule (which is available at AAA’s website) or the mass arbitration fee schedule of another administrator applies, such fee schedule will take precedence over any other statement in these Terms to the extent required by the AAA or another administrator.

We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the fees and expenses for their respective attorneys, experts, and witnesses, and for preparation and presentation of evidence at the arbitration, except as otherwise required by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

9.7 Arbitration Award and Appeals

Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not appealed, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.

9.8 No Class Actions

YOU AND WE EACH AGREE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other users of ours. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages and/or any relief other than public injunctive relief must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Claims, and any claims or portions of claims seeking a remedy of public injunctive relief will be stayed pending the outcome of the arbitration pursuant to section 3 of the FAA. If you file a lawsuit in court seeking public injunctive relief before meeting the preconditions of the Mandatory Informal Dispute Resolution process or the agreement to arbitrate, you will be waiving your right to seek damages from us or our affiliates relating to any Claims governed by these Terms. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction.  In accordance with the AAA Mass Arbitration Supplementary Rules (or if the arbitration is being administered by NAM, with NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures), or upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator, including any Process or Procedural Arbitrator, may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Provision, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Provision, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing. The Process or Procedural Arbitrator may, at their discretion, determine that any mass arbitration should proceed first by hearing and issuing decisions on a limited number of bellwether claimants followed by mediation of any remaining claimants before additional arbitration demands may be filed and, to facilitate the bellwether process, may enjoin the filing of additional arbitration demands or order that no such demands be accepted for filing pending completion of the bellwether hearings and mediation. If an order is issued enjoining the filing of additional arbitration demands or providing that such demands not be accepted for filing by the administrator, then the statutes of limitations applicable to the claims in the arbitration demands that cannot be filed as a result of that order shall be tolled while the order is pending, and the duration of the order shall be no longer than one year. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this No Class Actions clause, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of the prohibition in this clause 9.8 from proceeding in arbitration on a class, representative or collective basis shall be determined exclusively by a court and not by the administrator or any arbitrator.

9.9 Survival and Severability of Arbitration Provision

This Arbitration Provision shall survive the termination of these Terms. If any portion of this Arbitration Provision other than the prohibition on bringing class or collective actions in arbitration as set forth in clause 9.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in clause 9.8 are finally adjudicated pursuant to the last sentence of clause 9.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

9.10 No Jury Trials

To the extent permitted by applicable law, you and we both agree to waive our right to a jury trial.

9.11 WAIVER OF RIGHT TO LITIGATE

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.]

10. Miscellaneous

10.1 The headings of all clauses of these Terms are for convenience of reading and understanding only and have no actual meaning and cannot be relied upon as a basis for interpretation of the meaning of these Terms.

10.2 If the clauses of these Terms shall be partially invalid or unenforceable for any reason, the remaining clauses shall remain in force and shall remain binding on the Parties. If a provision states that we have a particular right in a particular circumstance, this does not mean that that right is the only right we may exercise in that particular circumstance, or that that provision cancels, voids or invalidates any other provisions that deal with the same circumstance or subject-matter.  Failure or delay by either party to enforce any right, remedy, or provision of these Terms shall not be deemed a waiver of such right, remedy, or provision. Any waiver must be expressly made in writing and signed by the party granting the waiver. No single or partial exercise of any right or remedy shall preclude any further or other exercise of that or any other right or remedy.

10.3 If you have any comments or suggestions in connection with these Terms, you may provide feedback to the Xiaohongshu Platform ([email protected]) and we will provide you with the necessary assistance.

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