Latest Revision Date: June 18, 2024
Effective Date: June 18, 2024
Thank you for using the FasyChat product and services!
The Terms of Service (hereinafter referred to as "Terms") constitute a valid contract between STARMOON PTE.LTD. ("the Company" or "we" or "our") and the user ("you" or "your") regarding the registration, login, and use of our operated products. These Terms govern your use of FasyChat and the software, content and services (collectively referred to as the "Services") provided through the following means, including our website fasychat.com and its subdomains ("Website"), and our mobile application FasyChat for iOS and Android ("Application"). By using the FasyChat Services, registering as a FasyChat user, clicking to accept these Terms, or otherwise indicating your acceptance of these Terms, you acknowledge that you have entered into an agreement with us and agree to comply with all the rules and requirements set forth in these Terms. By registering, accessing, or using this platform or the Services provided, you must comply with these Terms, the Privacy Policy, and any other applicable terms and conditions that we may publish and update from time to time regarding your use of the Services (collectively referred to as these "Terms").
Please read and understand all the rights and limitations set forth in these Terms carefully. By registering, logging in, copying, downloading, accessing, or using this product in any other way, you are deemed to have accepted these Terms, indicating that you understand and agree to be bound by all the rules set forth in these Terms. You must ensure that you use or download the Services from the designated site or from a legally issued medium. Otherwise, we will not be liable for any risks or losses that may arise from such use.
"You" and "Your" refers to you as a user of the Services. If you are using the Services on behalf of a company or another entity, "You" includes both you and that entity. You represent and warrant that (a) you are an authorized representative of that entity and have the authority to bind that entity to these Terms, and (b) you represent that the entity agrees to these Terms.
[Special Note] Our Services are not intended for individuals under the age of 18. You must confirm that you are at least 18 years old to create an account and use the Services. If we discover that you are under 18 years old (or the minimum age required to use the Services without parental consent as determined by your state, province, or country, whichever is higher), we will cease providing Services to you, delete your account and data, unless you have obtained the consent of your parents or guardians and use the Services under their direct supervision. If you are a minor, you must have your parents or guardians read and agree to these legal Terms before using the Services. We may provide additional services with additional Terms that may require you to be at least 18 years old or older to use. Therefore, please read all such Terms carefully. By using the Services, you declare, warrant, and agree that:
(i) You are able to enter into a legally binding contract with us;
(ii) You are not prohibited from using the Services under any other applicable jurisdiction; and
(iii) You will comply with these Terms and all applicable local, state, national, and international laws, regulations, and rules.
2.1. FasyChat Services is a self-service program that allows you to communicate with your personal chatbot (virtual character) through text and voice interfaces. It integrates artificial intelligence models with user needs and provides more convenient, comprehensive, and accurate chat conversation services to address personal needs in emotions, life, work, and other aspects. The specific service content will be provided by the service based on the actual situation. At the same time, based on your personal requirements and your full discretionary power, we will collect and record relevant information and provide you with more personalized services according to your needs. You are solely responsible for using the FasyChat Services. FasyChat shall not be liable for any actions taken by you, including criminal and civil liability for damages incurred or not incurred.
2.2. We grant you a license to use the FasyChat Services, and you shall comply with the restrictions set forth in these Terms. You use the FasyChat Services at your own risk. FasyChat reserves the right to modify, update, interrupt, suspend, or terminate all or part of the network services at any time without prior notice. You acknowledge and agree that FasyChat shall not be liable to you or any third party for any modifications, suspensions, or terminations of any Services. FasyChat Services, its owners, employees, agents, and other personnel associated with the FasyChat Services shall not be liable for any damages, whether incurred or not, arising from the use of or registration for any account with the Services.
2.3. If you engage in fraudulent behavior or violate any obligations under these Terms, we may suspend or terminate your use of the Services. Such termination or suspension may occur immediately and without prior notice, and we shall not be liable for any consequences.
2.4. You acknowledge and agree that we may establish general practices and limits concerning the use of the Services, including but not limited to the maximum duration for which data or other content will be retained by the Services and the maximum storage space allocated on our servers for you. You agree that FasyChat shall not be liable for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge and agree that we reserve the right to terminate long-term inactive accounts. Furthermore, you acknowledge and agree that we reserve the right to change these general practices and limits at any time without notice.
2.5. Fees and Payment
(i) When providing our network services for this product, we may offer you some cool value-added services and charge certain fees for certain network service content. All income generated from your payments, after deducting fees and applicable taxes charged by third-party payment institutions as stipulated, etc, will be collected by us. We have the right to determine the standards and payment methods for the Services provided and to prompt the fee standards on the relevant service pages. You may need to pay the corresponding fees to access or use certain features of this product or service. You are responsible for paying any applicable fees listed on the Services.
[Special Note] You acknowledge and agree that once the recharge is successful, it is considered completed, and this platform does not provide any refund or reverse exchange services. Unless otherwise specified in these Terms, all fees are non-refundable to the fullest extent permitted by applicable law. If you have any objections due to the inability to use the FasyChat Services, you can contact customer service for assistance.
(ii) Fees may be recurring or based on usage. If these fees are designated as recurring or based on usage, you agree that we may periodically charge such fees to your designated payment method (your "Payment Method") specified at the time of initial purchase. By using the Payment Method to pay the fees, you expressly agree that we have the right to charge the fees and any applicable taxes to the Payment Method.
(iii) Unless otherwise expressly agreed in a separate contract between us, you acknowledge and agree that any fees for accessing or using the service may increase at any time. Additional services or features provided by FasyChat may be subject to additional fees. In such cases, we will notify you before charging any additional fees. If we charge additional fees for our Services, you will have the opportunity to review and accept the additional fees before being charged. If you do not accept any such additional fees, we may discontinue your access to certain services or features. You acknowledge and agree that we shall not be liable for any errors caused by third-party payment processors we may use.
2.6. You may use authorized payment methods and purchase or receive virtual items from us through our provided and authorized payment providers. The price of virtual items will be displayed at the time of purchase, and the exchange rate will be displayed in our product. You agree that we have the absolute right to independently determine, manage, regulate, control, modify, or cancel exchange rates that we deem appropriate in any general or specific circumstances, and we shall not be held liable to you for exercising such rights. All charges and payments for virtual items will be processed through the relevant payment mechanism in the currency specified at the time of purchase. Currency exchange settlements, international payment fees, and payment channel fees (if any) are subject to agreements between you and the applicable payment provider. After the purchase is completed, the virtual items will be credited to your account.
Virtual items can only be used within our product and will expire automatically as part of our Services when your account is terminated for any reason. Accumulated, exchanged, or received virtual items do not constitute property and are non-transferable.
2.7. Subscription
(i) Subscription services are additional services provided to you in the form of subscriptions. With the permission of app market partners (such as the App Store or Google Play), we may offer you paid subscription plans where you can find the features and content included in the subscription service in FasyChat. Your access privileges and paid subscription will take effect immediately after your initial payment of the subscription fee (unless you change the type of paid subscription).
(ii) After purchasing the selected paid subscription, you will have access to any subscription service items or content currently available in the selected paid subscription during the specified subscription period. If you fail to complete the cancellation process before the specified date and time, your paid subscription will automatically renew monthly or annually according to the duration you selected, without further notice, unless you actively cancel it. You can change the type of paid subscription by selecting a new one. On the next due payment, we will charge you the fee for the selected new paid subscription at the current rate and grant you access to that paid subscription.
(iii) We may periodically update the subscription service features or content provided in the paid subscription. In such cases, certain subscription service features or content may become unavailable or provided free of charge. Additionally, we may change the rates for the paid subscription, and we will notify you of any applicable rates changes. According to applicable laws, continuing to use the subscription service after the price change takes effect indicates your acceptance of the new price.
(iv) You can cancel the paid subscription or automatic renewal at any time. To cancel, simply turn off the subscription 24 hours before the end of each billing cycle. After canceling the subscription, you can still use the subscription benefits for the current cycle, but it will not renew for the next cycle.
If you cancel before the scheduled usage period, the paid fees will not be refunded, and no proportional refund will be given. You will continue to enjoy the original subscription benefits until the expiration date, except as otherwise provided by laws and regulations.
2.8. We provide multiple third-party payment channels for recharging, including but not limited to credit cards, debit cards, and other recharge methods that we may provide to you through our application from time to time. You are free to choose a specific recharge method on our application and complete the recharge process according to the procedures indicated on the respective pages. Before making the payment, you should ensure that you fully understand the agreement covering your payment, whether it is a platform agreement (such as the App Store or Google Play) or another payment platform agreement (such as the terms of a third-party payment processor). The corresponding channel providers for each recharge method may set relevant recharge channel fees according to their standards (which may be indicated on the recharge operation page or other pages of the channel provider) and charge you when you recharge. Please pay attention to the service fees charged by each recharge method and choose the recharge method according to your needs.
[Special Note] We need special permission to charge your payment method because our payment processing partners may require you to provide certain personal data (such as a valid ID number, your name, address, or date of birth) to facilitate payment through their financial institutions and comply with applicable laws and regulations. They may also contact you directly regarding any payment inquiries.
2.9. You acknowledge and agree that the establishment, adjustment, or change of fees or fee standards is a normal business practice. We have the right to determine the charging method and fee standards for the FasyChat Services provided and to establish different fee standards and charging methods for different FasyChat Services or different stages of the Services. We have the right to adjust the charging methods and fee standards as needed at any time.
Specific charging methods and fee standards, including but not limited to the fee standards for FasyChat Services, the usage rights of virtual products, and the specific fee standards for value-added services (if any), may be published on modules including, but not limited to, the mall or purchase interface within the FasyChat Services.
Once you choose to register and use the FasyChat Services, purchase the right to use relevant virtual items, or accept related services, it means that you fully understand and accept the corresponding charging methods and fee standards.
2.10. You acknowledge and agree that when using a specific service of this product, there may be separate agreements, special rules, etc. that apply to that Services. Please carefully read and agree to the relevant separate agreements, special rules, etc. before using that Services.
2.11. After you recharge using the designated recharge method, you should keep the recharge order number or recharge record as a voucher for future reference in case of any problems. If you file a complaint regarding the recharge service without providing any valid vouchers, this platform will not provide any compensation or reimbursement.
2.12. You acknowledge and agree that this product only provides related network services. Any devices (such as mobile terminals, modems, and other devices related to internet access) and expenses (such as telephone charges and internet access fees) related to accessing the internet should be borne by you.
2.13. We reserve the right to modify and upgrade versions of this product for you at any time.
3.1. In order to use the FasyChat Services and its certain features, you need to create an account ("Account"). During the registration process, you understand and agree to provide accurate, up-to-date, and complete information ("Registration Data") as prompted by the registration form of this product.
You may enable, connect, register, or log in to FasyChat through various online third-party services, including social media and social networking services such as Facebook, Instagram, or Twitter ("Social Networking Services"). We will create an Account associated with your Social Networking Services account, and by logging in or directly integrating these Social Networking Services into the service, we can enhance and personalize your online experience. We may ask you to authenticate, register, or log in to the Social Networking Services on their respective websites. As part of such integration, the respective providers will grant us access to certain information you provided to such Social Networking Services, and we will use, store, and disclose such information in accordance with our privacy policy. However, please remember that the way Social Networking Services use, store, and disclose your information is governed solely by their respective policies, and FasyChat assumes no responsibility for the privacy practices or other actions of any third-party websites or services that may be enabled within the Services.
Furthermore, FasyChat assumes no responsibility for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements related to Social Networking Services. Therefore, FasyChat shall not be liable for any damages or losses allegedly caused by or resulting from the use or reliance on any such Social Networking Services. The enabling of these features by FasyChat is solely for the convenience of users, and the inclusion or integration of such features does not imply endorsement or recommendation.
3.2. You are solely responsible for maintaining the confidentiality of your login credentials, including but not limited to your username, password, and any other information used in our security procedures. You are responsible for the security of your Account after activation and must not disclose your login credentials to any third party. You are fully responsible for any activity that occurs under your Account. You should take precautions to protect your FasyChat Account.
3.3. The right to use the Account of this product belongs only to the initial applicant and is prohibited from being gifted, borrowed, rented, transferred, or sold to avoid disputes arising from Account issues. If we find that the user is not the initial registrant of the Account or is using the Account for other illegal purposes, we reserve the right to revoke the Account without notice or legal liability to the Account user. The user shall bear any loss (including but not limited to the loss of user data) incurred due to the violation of these requirements, and we reserve the right to pursue legal liability against the person responsible for such actions.
3.4. The Services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features. You acknowledge and agree that you are solely responsible for all code, videos, audios, images, information, data, texts, software, music, sounds, photos, graphics, messages, or other materials ("Content") that you create, submit, post, display, transmit, publish, distribute, or broadcast ("Upload") or use in any other way through the Services, including sending via email. When you submit Content to the Services, you represent and warrant that you own all rights, ownership, and interests in the Content (including but not limited to all copyrights and publicity rights), or you have obtained all necessary licenses, approvals, and authorizations to submit it to the Services for the purposes specified in these Terms.
You acknowledge and agree that the Content may be viewed by other users of the Services and may also be viewed through third-party websites. By posting Content, you grant us (including the use of your name, trademarks, and logos) an unrestricted, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to copy, distribute, publicly display, transmit to the public, publicly perform (including by means of digital audio transmission and audience-oriented manner), provide, create derivative works, retransmit from external websites, and otherwise use and exploit (collectively, "Use") all or part of the Content you upload through the Services, in any manner, media, and format, for (i) advertising, marketing, and promoting FasyChat and the Services; (ii) displaying and sharing your Content with other users of the Services; and (iii) providing the Services as authorized by these Terms. You further grant FasyChat a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any Content. You shall not upload or submit any Content on or through the Services that you consider confidential or proprietary. Any Content you upload to the Services or transmit to FasyChat will be treated as non-confidential and non-proprietary, and FasyChat may use such Content in accordance with these Terms without notifying you and without any liability on the part of FasyChat.
We reserve the right to investigate and take appropriate legal action against any user who violates these Terms, including but not limited to removing offending content from the Services, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.
3.5. You are responsible for implementing sufficient security and backup functions, including appropriate encryption methods, to protect your Account and other related content from unauthorized access. It is strongly recommended that you regularly archive or back up your content and registration data. We will retain certain data transmitted to the Services for managing service performance, as well as data related to your use of the Services. While we regularly back up data, you are solely responsible for all data you transmit and any data related to your activities using the Services. You agree that we shall not be liable for any loss or damage to such data, and you hereby waive any right to bring any lawsuit against us for the loss or damage of such data.
3.6. FasyChat shall not be liable for any loss, damage, or other security incidents that may arise from your failure to comply with these Terms. Any activity conducted under your Account will be deemed your own action and subject to the provisions of these Terms.
3.7. You may delete your Account information at any time by disabling your Account. If we have reasonable grounds to believe that the information you provided is inaccurate, not up-to-date, incomplete, or that your use of the Account violates any provision of these Terms, we reserve the right to suspend or terminate your Account in accordance with the relevant provisions of these Terms.
3.8. If you use the Services outside of a Wi-Fi area, please note that the terms and conditions of your mobile network provider still apply. Therefore, your mobile provider may charge you for data connection fees or other third-party charges incurred during the use of the Services. You will be responsible for any such charges, including roaming data charges incurred when using the product/service outside of your home country (i.e., region or country) without turning off data roaming. If you are not the bill payer for the device used to access the Services, please note that we assume you have obtained permission from the bill payer to use the Services.
3.9. Some of our Services can be accessed through mobile devices, including: (i) uploading content to the Services via mobile devices; (ii) browsing the Services and website through mobile devices; and (iii) accessing certain features through applications downloaded and installed on mobile devices (collectively referred to as "mobile services"). If you access the product/service through a mobile device, your wireless service provider may charge standard fees, data rates, and other charges. Additionally, your carrier may prohibit or restrict the use or downloading/installation of certain mobile services, and not all mobile services may be available for all carriers or devices. By using the mobile services, you agree that we may send information about FasyChat and other entities to your mobile device through SMS, MMS, text messages, or other electronic means, and we may also receive certain information about your use of the mobile services. If you change or deactivate your mobile number, you acknowledge and agree to promptly update your FasyChat account information.
3.10. You acknowledge and agree that you use or download the Services at your own risk. Due to the global nature of the Internet, you agree to comply with all applicable local rules and laws regarding your use of the service, including rules and laws related to online behavior and acceptable content.
3.11. You must pay for subscriptions using the payment methods specified by the Services. If you use a payment system other than the one specified by the Services or engage in illegal payment methods that result in damage to your own rights, you may not demand any compensation or damages from us, and we reserve the right to terminate your account and the right to use various payment services at any time.
3.12. When using the service's payment system, you must carefully confirm your account and the amount of payment, and select the relevant operation options with caution. If you enter the wrong account, make improper operations, or misunderstand the billing method, resulting in payment to the wrong account, selection of the wrong payment type, or incorrect payment amount that damages your own rights, you shall bear the responsibility.
3.13. If your account is frozen and your account usage qualification is terminated by FasyChat due to your violation of these Terms, you may not request any compensation or damages from us.
3.14. You agree to abide by the following conditions when using the Services.
3.14.1 You agree that the content you submit must not contain the following:
(i) Infringement of any party's intellectual property rights or other proprietary rights;
(ii) Submission without authorization;
(iii) Computer code, files, or programs that contain software viruses or are intended to interfere with, disrupt, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(iv) Pose privacy or security risks to any person;
(v) Unrequested or unauthorized advertising, promotional materials, commercial activities and/or sales, "spam," "junk mail," "chain letters," "pyramid schemes," "contests," "lotteries," or any other form of solicitation;
(vi) Content that is threatening, abusive, harassing, infringing, bullying, or excessively violent;
(vii) Defamatory, libelous, or verifiably false information intended to harm others;
(viii) Hate speech, discrimination, or violence based on race, ethnicity, gender, religion, age, or other social, physical, or mental characteristics;
(ix) Obscene or pornographic;
(x) Constitutes sexual harassment;
(xi) Involves the exploitation or abuse of minors, including sharing child sexual exploitation or abuse images or content, grooming, or sexual extortion;
(xii) Glamorizes self-harm, including self-injury, suicide, or eating disorders;
(xiii) Promotes terrorism or violent extremism;
(xiv) Facilitates or promotes criminal activities;
(xv) Seeks to buy or sell illegal drugs;
(xvi) Facilitates or promotes fully automated decisions that adversely affect individuals' legitimate rights or create binding and enforceable obligations;
(xvii) Seeks to provide medical, legal, financial, or tax advice;
(xviii) Interferes with or disrupts the Services or the servers or networks connected to the Services;
(xix) Uses another person's name, likeness, or image without permission (a) in an unauthorized manner, or (b) outside the scope of permissible non-commercial parody or public commentary, interfering with or infringing upon another person's publicity rights; or
(xx) In FasyChat's sole judgment, if the content is offensive, restricts or inhibits anyone's use or enjoyment of the Services, or may cause harm or liability to FasyChat or its users, it is considered a violation.
3.14.2 You also agree not to engage in any of the following actions when using the Services:
(i) Violate any requirements, procedures, policies, or regulations of the networks connected to the Services;
(ii) Violate any applicable laws or regulations;
(iii) Impersonate any person or entity or misrepresent your affiliation with any person or entity;
(iv) Solicit personal information from anyone under the age of 18;
(v) Obtain or collect, through electronic or other means, the email addresses or other contact information of other users of the Services, to send unsolicited emails or other unsolicited communications;
(vi) Obtain or attempt to obtain any information through any means not intentionally made available or provided by the Services;
(vii) Rent, lease, sell, or sublicense any portion of the Services;
(viii) Attempt to bypass any technical measures intended to protect the Services or any technical measures associated with the Services; or
(ix) Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to access or gain information from the source code of any Services (in whole or in part) (unless part of the code in the Services is released in open source form and the open source license governing such code explicitly allows reverse engineering, copying, or other modifications).
3.14.3 Within the scope of FasyChat's supported voice or audio features, you acknowledge and agree not to perform any of the following actions when using the Services:
(i) Submit recordings of third parties (including but not limited to celebrities) without their consent;
(ii) Engage in any form of "deepfakes" or impersonation using any FasyChat voice features, including but not limited to creating politically incorrect information, committing fraud or scams, defaming third-party reputations, or engaging in other harmful behavior.
We reserve the right to independently investigate and take appropriate action against anyone who violates the above Terms. Such actions may include but are not limited to removing content from the Services, suspending or terminating your account, and reporting you to law enforcement authorities.
4.1. You agree that you are aware of all the features of the Services and the necessary operations we perform to achieve these features. You voluntarily choose to use this product and related services based on your own needs, and you will bear all risks and consequences arising from the use of this product and related services, and we shall not be liable for any responsibility.
4.2. The service has been thoroughly tested, but we cannot guarantee full compatibility with all software and hardware systems, nor can we guarantee that the service is completely error-free. If there are compatibility issues or software errors, you can contact customer service to report the situation to us and seek technical support. If compatibility issues cannot be resolved, you may cancel the Services provided by this product.
4.3. To the maximum extent permitted by applicable law, we shall not be liable for any damages and risks arising from your use or inability to use the Services, including but not limited to direct or indirect personal damages, loss of business profits, trade interruption, loss of business information, or any other economic loss.
4.4. You may view your personal information in your account at any time. If you have any objections to the information displayed in your account, you should immediately notify us. If we find any errors after verification, we will promptly correct them. Otherwise, you agree that the information recorded on the Services, including recharge records, shall serve as the sole valid basis for FasyChat service transactions.
4.5. We have the right to set various matters related to recharging based on transaction security considerations (including but not limited to recharge limits, recharge frequency, etc.) at any time. You understand that our aforementioned settings may cause certain inconveniences to your recharge transactions, and you have no objections to this.
4.6. In accordance with applicable laws or policies, (i) all virtual items remain our property and do not have monetary value, cannot be exchanged or refunded, and do not qualify for any alternative remedies with any "real-world" money or anything of monetary value; (ii) we may revoke your license to such virtual items at any time according to these Terms without notice or liability to you; (iii) unless the revocation right cannot be waived through a contract under the jurisdiction of your jurisdiction, by purchasing and using any virtual items, you hereby waive the right to revoke the agreement to purchase such virtual items, and you agree that you will not be entitled to a refund (or any alternative remedies) related to such virtual items.
Furthermore, you hereby agree that any revocation right will be immediately invalidated after you purchase and deliver virtual items, unless otherwise provided by the laws of your jurisdiction.
4.7. In any case, the responsibility for the services provided by third parties related to your paid subscription to FasyChat shall be borne by the third party, and we shall not be liable for any responsibility.
4.8. You shall be solely responsible for any loss or liability incurred due to your inability to purchase FasyChat Services or any errors that occur during the purchase of FasyChat Services due to your own reasons. This includes, but is not limited to:
(1) Failure to comply with the Terms and any rules published by the Services from time to time;
(2) Account expiration, loss, or suspension due to your own reasons;
(3) Loss or liability caused by the third-party payment institution account you have bound, including the use of unverified third-party payment accounts or the use of third-party payment accounts not owned by you, freezing or sealing of your third-party payment account;
(4) Property loss caused by disclosing your account information to others;
(5) Property loss caused by your intentional or gross negligence.
4.9. We shall not be liable for any damages or compensation for the inability to use the Services or any loss of virtual assets when the platform system cannot operate normally due to the following circumstances, including but not limited to:
(1) During the system shutdown maintenance, upgrade, or adjustment period as announced on the platform;
(2) Telecommunication or equipment failure that prevents data transmission;
(3) Obstacles in the platform system that prevent business execution due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, government regulations, etc.;
(4) Service interruption or delay caused by hacking attacks, technical adjustments or failures of the telecommunications department, website upgrades, or issues with related third parties.
4.10. The service is provided "as is" and "as available," and to the extent permitted by law, without any form of express or implied warranties. Furthermore, although we strive to provide a good user experience, we do not declare or guarantee that: (a) the service will always be secure, error-free, or timely; (b) the service will always operate without delay, interruption, or defects; or (c) any content, materials, or information you obtain on or through the service will be timely or accurate.
We shall not be liable for any content created, uploaded, published, sent, received, or stored by you, other users, or third parties on our service. You understand and agree that you may be exposed to offensive, illegal, misleading, or other inappropriate content, and we shall not be liable for this.
4.11. The service may contain links to third-party websites ("External Websites") or the ability to share information with third-party websites. FasyChat does not endorse any External Websites or the content provided on such External Websites. All External Websites and any content on them are developed and provided by others. If you have any concerns about the content on such External Websites, you should contact the website administrators or owners of these External Websites. FasyChat is not responsible for the content of any External Websites and does not make any warranties regarding the content or the accuracy and authenticity of any materials on such External Websites. When downloading files from External Websites, you should take precautions to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Websites, purchase any content from External Websites, or subscribe to services provided by such External Websites, you do so at your own risk. You agree that FasyChat shall not be liable for any liability arising from your use, participation, access, or interaction with any External Websites.
4.12. The service is for personal use only. Unless expressly authorized in this document or by the service, you agree not to display, distribute, license, perform, publish, copy, reproduce, create derivative works, modify, sell, resell, exploit, transfer, or upload any part of this service, the use of this service, or access to this service for any commercial purposes.
4.13. If a user violates the provisions of these Terms and causes damage to us, we have the right to take measures including but not limited to suspending the license, ceasing to provide Services, restricting usage, and pursuing legal actions.
5.1. We promise to take necessary measures to protect the security of your personal data and privacy information stored on our product servers.
5.2. Except for the exceptions specified in the terms and the "Privacy Policy," we guarantee that we will not disclose, provide, publish, or share your personal data and privacy information with third parties.
5.3. The disclosure of your personal data and privacy information by us in the following circumstances shall not be considered a breach of contract, including:
(1) Obtaining your explicit authorization;
(2) Being obligated to disclose according to relevant laws and regulations;
(3) Being required by judicial or administrative authorities in accordance with legal procedures;
(4) Disclosing within a reasonable scope to maintain social public interests and our legitimate rights and interests.
(5) We may share your personal information with partners and other third parties to ensure the smooth completion of the services provided to you. We will sign strict confidentiality agreements with them, requiring them to handle personal information in accordance with our instructions, this privacy policy, and any other relevant confidentiality and security measures. We will only share your personal information for legitimate, lawful, necessary, specific, and explicit purposes, and only share the personal information necessary to provide the Services. Our partners are not authorized to use the shared personal information for any other purposes.
5.4. For other provisions regarding privacy, please refer to the "Privacy Policy."
6.1. Service Content, Software, and Trademarks
Subject to these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable license to use the FasyChat Services, including but not limited to the products and services provided through our website. This license does not grant you any other rights or licenses with respect to the FasyChat service. The license provided under these Terms remains in effect until termination. If you fail to comply with these Terms, the license will automatically terminate. The FasyChat service is owned and copyrighted by FasyChat and is protected worldwide.
You acknowledge and agree that the service may contain content or features (collectively, "Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Unless expressly authorized by FasyChat, you agree not to modify, copy, build upon, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the service or Service Content (in whole or in part), except for your own user content that you legally upload to the service.
When using the service, you shall not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If FasyChat blocks your access to the service (including blocking your IP address), you agree not to take any measures to circumvent such blocking (e.g., by masking your IP address or using proxy IP addresses). Except as expressly authorized in these Terms, any use of the products or Service Content is strictly prohibited.
The technology and applications underlying or related to the service are the property of FasyChat, our affiliates, and our partners ("Products"). You agree not to copy, modify, create derivative works, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, transfer, sublicense, or otherwise transfer any rights in the Products. FasyChat reserves all rights not expressly granted in these Terms.
6.2. Third-Party Materials
Under no circumstances shall FasyChat be liable for any content or materials from any third party (including users), including but not limited to any errors or omissions in such content, or any loss or damage incurred as a result of using such content. You understand and agree that FasyChat does not pre-screen content, but FasyChat has the right (but not the obligation) to independently decide to refuse or remove any content provided through the service. Without limiting the foregoing, FasyChat has the right to remove any content that violates these Terms or that FasyChat, in its sole discretion, considers objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6.3. Content Transmitted Through the Service by Users
6.3.1. Ownership and Warranty
(i) Any text, images, videos, data, or other materials created, uploaded, or generated by you using the FasyChat service (collectively, "User Generated Content"). You retain full ownership of all User Generated Content created using the FasyChat service, including intellectual property rights and other proprietary rights. If you create derivative works, you own the rights to those derivative works to the extent permitted by applicable law.
All intellectual property rights, including copyrights and trademarks related to the "Service" and the programs constituting the "Service," belong to FasyChat. For any AI characters ("Characters") created or uploaded by you using the service, FasyChat owns the Characters (including derivative works) and all rights to any text, images, or videos ("Generated Content") directly or indirectly generated by you. You grant FasyChat a worldwide, non-exclusive, royalty-free, sublicensable, transferable, and irrevocable license to freely use all intellectual property rights related to the "Characters" and "Generated Content" created using the service by FasyChat (including the right to use, copy, distribute, create derivative works, display, publish, adapt, transmit, and perform).
(ii) For any content or other materials ("User Content") uploaded or shared by you through the service with other users or recipients, you represent and warrant that you own all rights, titles, and interests in such User Content, including but not limited to all copyrights and publicity rights contained therein.
(iii) For any content or other materials ("Content") uploaded to or created using the service, you represent and warrant that you own all rights, titles, and interests in such content, including but not limited to all copyrights and publicity rights contained therein, or have obtained the necessary rights to use it for the applicable purposes, such as through a license or legal exception or limitation. By creating or uploading any content that you own or use to create using the service, you retain all rights in such content (to the extent you had such rights to begin with) and hereby grant FasyChat a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your content for any purposes related to FasyChat, in any form, media, or technology now known or later developed, to the fullest extent permitted by law.
You further acknowledge that you (and not FasyChat) are solely responsible for all content that you upload, post, email, transmit, or otherwise make available through FasyChat's Services, and that both you and other registered users of FasyChat (and not FasyChat) are equally responsible for all content provided by you and them through FasyChat's Services.
For the avoidance of doubt, violations of FasyChat's Terms of Service unrelated to intellectual property issues shall not affect your intellectual property rights in any created characters or their generated content.
6.3.2. Similarity of Content
Due to the deployment of machine learning algorithms by FasyChat, the outputs generated by the service may be similar to outputs generated by other users. Such outputs shall not be considered your exclusive content.
6.3.3. Accuracy of Outputs
The service is based on rapidly evolving artificial intelligence and machine learning technologies. You acknowledge that our outputs may contain inaccuracies or errors. It is your responsibility to evaluate the accuracy of the output results based on your use case.
6.4. Copyright Infringement Complaints
FasyChat respects the intellectual property rights of others, and we expect our users to do the same. We will handle and investigate notices alleging copyright infringement and take appropriate actions against any suspected or actual infringement in accordance with applicable intellectual property laws. If you believe that any content infringes your or a third party's rights or violates these Terms, you may notify FasyChat by sending a copyright infringement complaint notice via email to [email protected] (subject line: "Copyright Infringement Complaint Notice"). The notice must be in writing and shall provide the necessary documents and information, including but not limited to the name, address, and contact information of the party making the claim, the facts giving rise to the dispute, and the proposed resolution.
6.5. Monitoring and Enforcement
FasyChat may (but has no obligation to): (a) remove or refuse to post any content that we, in our sole discretion, deem necessary or appropriate, including if we believe such content violates these Terms, infringes any individual's or entity's intellectual property or other rights, or may create liability for the Company; (b) take appropriate legal action against any unauthorized or illegal use of the service, including but not limited to reporting to law enforcement authorities; (c) terminate or suspend your access to all or part of the service for any reason or no reason, including any violation of these Terms.
Please note that the successful upload of content does not constitute FasyChat's endorsement of the legality or appropriateness of such content.
We reserve the right to change or modify these legal Terms at any time and for any reason at our sole discretion. It is your responsibility to review the Terms regularly. Once the Terms are changed, the Company will provide a notice of the changes or modifications on the relevant service pages. The modified Terms will be effective and replace the original Terms upon publication on the relevant pages. We will remind you of any changes by updating the "Latest Revision Date" of these Terms.
Before using any Services provided by this product, you should carefully read these Terms. If you do not agree with the changes or modifications to these Terms, you may immediately cancel or stop using the Services provided by this product. Otherwise, your continued use of the Services after the changes to these Terms will be deemed as your complete agreement to the modified Terms.
8.1. The Services provided by this product may be interrupted or may not meet your requirements due to factors including but not limited to force majeure, computer viruses or hacker attacks, system instability, your location, communication lines, our operational adjustments, or partner adjustments.
8.2. We may change, interrupt, or terminate all or part of the Services at any time without prior notice to you. Please regularly back up the data stored on the network services to avoid any loss.
8.3. We have the right to interrupt or terminate the provision of Services to you without notice in the following circumstances:
(1) You are required by law to provide true information, but the personal information you provided is untrue or inconsistent with the information provided during registration, and you fail to provide reasonable proof;
(2) You violate relevant national laws and regulations or your account needs to be frozen or canceled for security reasons as required by the competent authorities;
(3) If you engage in fraud, infringement of the legitimate rights of others, or any other serious violation of any terms or rules during the use of the Services provided by this product, the Company has the right to cancel your account in accordance with these Terms or the applicable laws and regulations. You shall bear all consequences arising from this.
8.4. If you choose to use the Services provided by this product, you must bear the above risks. We shall not be liable for any damages suffered by you or any third party as a result.
9.1. These Terms are governed by the substantial law of mainland China, without regard to its conflict of laws principles. Any dispute arising from or in connection with the terms, including any questions regarding its existence, validity, or termination, shall be submitted to the Shanghai International Arbitration Center (SHIAC) for arbitration in accordance with the current SHIAC Arbitration Rules (SHIAC Rules) and finally resolved. These rules are deemed to be incorporated into the Terms by reference. The place of arbitration shall be Shanghai, China. The arbitral tribunal shall consist of three (3) arbitrators. The language of arbitration shall be Simplified Chinese/Mandarin.
9.2. By accepting these Terms, you and FasyChat agree that we may only bring claims against each other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and FasyChat agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim.
10.1. We advise you that if you are under the age of 18 (or the minimum age required to use the Services without parental consent as determined by your state, province, or country/region, whichever is higher), please read these Terms and use this product under the supervision and guidance of a legal guardian, and pay special attention to the Terms regarding the use of this product by minors. Otherwise, except as required by law, we shall not be liable for any adverse consequences resulting from your subsequent registration, login, use of this product, or payment recharge, and we reserve the right to terminate the Terms of Service between us upon becoming aware of such circumstances. We hereby remind parents to reasonably guide their underage children's internet and consumption behavior.
10.2. In accordance with the provisions of applicable laws regarding the effectiveness of minors' civil acts, in order to protect the rights and interests of minors in the process of using this product, minors should obtain the written consent of their guardians before engaging in activities such as recharging and consumption. If a minor and/or their guardian claims that the consumption activity is invalid after completing the recharge, we shall not be responsible for refunding the corresponding consumption amount, nor shall we be obligated to provide any compensation or indemnification.
10.3. Minors have limited life experience, are easily deceived by virtual illusions on the internet, and have a strong curiosity but lack the ability to handle situations with flexibility. They are susceptible to being taken advantage of by malicious individuals and lack self-protection abilities. Therefore, minors should pay attention to the following matters when using this service, enhance their awareness of safety, and strengthen self-protection:
(1) Recognize the difference between the online world and the real world and avoid becoming addicted to the internet.
(2) Strengthen personal protection awareness when filling out personal information to avoid harassment from malicious individuals.
(3) Learn to use the internet correctly under the guidance of guardians or teachers.
(4) Avoid meeting or participating in social activities with unfamiliar online friends to prevent criminals from taking advantage and endangering personal safety.
10.4. We do not intentionally collect personal information from minors. If we discover that a minor has provided us with personal information, we will immediately delete such information from our servers. If you are a guardian and you are aware that your child has provided personal information to us, please contact us so that we can take necessary measures.
11.1. If any provision of these Terms is wholly or partially invalid or unenforceable for any reason, or in violation of any applicable law, the provision shall be deemed deleted, but the remaining provisions of these Terms shall remain valid and have binding force.
11.2. The Company reserves the right to modify these Terms at any time in accordance with changes in applicable laws, regulations, and adjustments to the Company's business conditions and strategies. The modified Terms will be included in the release of new versions of the product. In the event of any dispute, the latest version of the Terms shall prevail. If you do not agree with the modifications, you may immediately cancel the Services provided by this product or cease using the Services provided by this product. If you continue to use this product, it will be deemed that you have accepted the changes to these Terms.
11.3. The Company reserves the right to interpret and modify these Terms to the fullest extent permitted by law.
11.4. If you have any questions about our Services or wish to report any violations of these Terms, please contact us via email: [email protected].
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