Terms of Service

These Terms and Conditions (hereinafter referred to as this "Agreement") constitute a legally binding contract between you and us. This Agreement outlines your rights and responsibilities when accessing or using our websites and applications (collectively, "our Services"). Please read this Agreement carefully before using our Services.

You may use our Services only if you agree to enter into this binding agreement with us and are not an individual barred from receiving services under the laws of the applicable jurisdiction. You must be at least 16 years of age to use the Services. If you are between 16 and 18 years of age (or the legal age of majority in your jurisdiction), your parent or guardian must agree (on their and your behalf) to these Terms and Conditions before you can use this App.

1. Use of Our Services

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services, provided you meet the eligibility requirements under applicable law and until you delete your account in accordance with this Agreement or we terminate your account.

You may not use or attempt to use our Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation.

You may not outsource, subcontract, transfer, assign, or sublicense any rights or obligations granted under this Agreement.

You represent, warrant, and agree that:

(a) You have all rights and permissions necessary to enter into this Agreement, and that doing so will not violate any agreement between you and a third party, infringe any third-party rights, or violate any applicable laws or regulations.

(b) Your use of our Services will not: (i) violate any relevant laws, regulations, industry standards, or codes in your jurisdiction; and (ii) infringe upon the rights of us or any third party (including privacy, intellectual property, publicity, publicity, and trade secrets).

If you fail to perform any representation, warranty, or covenant in this Agreement, we may, in our sole discretion, and without limiting any other rights or remedies available under this Agreement or at law, take any or all of the following actions: (i) cease providing you with certain Services; (ii) suspend performance of our obligations under this Agreement; and/or (iii) suspend or terminate this Agreement. You will be responsible for any resulting losses.

We reserve the right to modify, suspend, or discontinue our Services, or any part thereof, at any time without notice. You acknowledge that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our Services, or any part thereof.

2. Limitation of Liability

Under no circumstances will we, our directors, officers, employees, or agents be liable to you or any other party for any indirect, consequential, special, incidental, punitive, or exemplary damages (including loss of revenue or profits, or loss of business) arising out of this Agreement or the provision, performance, installation, or use of our Services, whether or not such damages result from breach of contract, breach of warranty, or the negligence of us or any other party, even if we have been advised of the possibility of such damages. To the extent applicable jurisdictions limit our ability to disclaim any implied warranties, this disclaimer applies to the maximum extent permissible.

3. Your Content

You are the legal owner of your content and/or have the legal right to use and process your content, and you retain any copyright and other proprietary rights you may have in the content you upload.

You may not upload any content prohibited by applicable law. We reserve the right to remove your content or restrict access to our Services if any of your content is found to violate this Agreement.

4. Intellectual Property

We retain ownership and/or legal rights to all intellectual property related to our brands and software, including but not limited to trademarks, copyrights, and patents (collectively, "Our Content"). You may only use Our Content or intellectual property with our prior written consent. Without such consent, you may not, and shall not assist others in: (a) using, copying, publishing, copying, modifying, reposting, translating, distributing, or sharing any part of Our Content; or (b) renting, lending, selling, sublicensing, transferring, or otherwise disposing of any part of Our Content or related rights.

Except with our express written permission, you are not entitled to, and shall not encourage or assist others in, copying, reverse engineering, decompiling, disassembling, or creating derivative works of Our Software.

Unless expressly permitted by us in writing, this Agreement does not transfer any intellectual property rights to either party, nor does it grant any rights in the intellectual property of another party.

5. Disclaimer

We make no representations or warranties, express or implied, regarding our Services, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

To the maximum extent permitted by law, you understand and expressly agree that our Services are provided on an "as is" and "as available" basis and are subject to change at any time without notice. You bear all risks associated with content and/or information downloaded, obtained, or accessed through our Services, as well as the risk of damage to your device/data and loss of content resulting from your use of our Services or any third-party services.

6. Privacy

To provide you with our Services, we will collect and process your personal data in accordance with our Privacy Policy. Please read this Privacy Policy carefully.

7. Fees

We offer both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees quoted at the time of purchase ("Fees"). We may calculate taxes payable by you based on the billing information you provide at the time of purchase. You are responsible for all fees associated with the use of the purchased Service (e.g., data charges and currency conversion settlements). You will pay the Fees in the currency quoted by us at the time of purchase. We reserve the right to change the applicable currency at any time, unless otherwise prohibited by applicable law. We reserve the right to change prices at any time. However, if we have offered you a specific service term and fee, we agree that the fee will be in effect for that term.

8. Suspension and Termination

This Agreement will apply to your use of our Services until either you or we terminate your access to our Services. You may terminate this Agreement at any time by stopping using our Services or deleting your account.

We may suspend or terminate your access to our Services in the following circumstances:

(a) if we undertake maintenance or support work for the Services;

(b) if we make changes to our Services as notified to you;

(d) if your use of our Services creates a risk for us or other users of our Services, results in potential claims against us by a third party, or could damage our reputation; and

(e) if such suspension or termination is required by applicable law.

If we suspend your access to some or all of our Services, you will remain responsible for all fees incurred up to the date of suspension and will be subject to applicable laws and regulations in your jurisdiction. This includes any fees accrued prior to the suspension date but related to obligations performed after suspension.

If you or we terminate your access to our Services (in whole or in part), you agree that:

(a) all of your rights under this Agreement will terminate;

(b) you will remain responsible for all fees accrued up to the termination date (if any, including fees incurred before the termination date but related to obligations performed after the termination date).

9. Force Majeure

Neither party will be deemed in breach of this Agreement because it is unable to perform its obligations due to a Force Majeure Event. However, the affected party must promptly notify the other party of the Force Majeure Event and make all reasonable efforts to minimize and address its negative impact. For the purposes of this Agreement, "Force Majeure Event" includes: (1) natural disasters, such as acts of God, lightning strikes, earthquakes, floods, droughts, storms, blizzards, snowstorms, mudslides, water erosion, explosions, fires, epidemics, and similar events; and (2) governmental actions, acts of war, activities of public enemies, terrorism, riots, civil unrest, and strikes, but excluding labor disputes.

10. Changes to This Agreement

We may modify this Agreement (and any applicable Additional Terms) from time to time (for example, to reflect technological improvements and changes to our services, or to reflect applicable consumer rights), so please review this Agreement regularly.

If we modify this Agreement, we will (where reasonably practicable) notify you (on this page or the relevant page of the relevant Additional Terms, by direct communication to you, or otherwise) before the modification takes effect so that you can review it. You are free to decide whether to accept the updated terms or stop using our Services. If you continue to use our Services after the updates become effective, you will be deemed to have agreed to and be bound by the revised Agreement.

11. Governing Law and Dispute Resolution

If your country has laws requiring agreements to be governed by the laws of the consumer's country of residence, this Agreement will be governed by the applicable laws and regulations of your jurisdiction.

For example:

(a) If you are located in the United States, all claims will be governed by the laws of the state in which you reside, without regard to its conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state courts or federal courts in the State of California for all disputes arising out of or relating to these Terms, except in arbitration.

Each party to this Agreement irrevocably waives any and all rights to a trial by jury or to participate in a class action in any legal proceeding arising out of or relating to this Agreement.

(b) If you reside in the EU and are a "consumer" as defined in EU Directive 83/2011/EU, any dispute, controversy or claim between us and you arising out of, in connection with or in connection with this Agreement (whether in contract, tort or otherwise) shall be submitted to and finally resolved by the courts of your place of residence or domicile. You may also submit a complaint through the Online Platform for Alternative Dispute Resolution (ODR Platform). You can find the ODR Platform at the following link: https://ec.europa.eu/consumers/odr.

(c) If you are an Australian user, nothing in this Agreement is intended to exclude, restrict or modify any consumer rights conferred by the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation that may not be excluded, restricted or modified by agreement. If the CCA or any other law implies a condition, warranty or term into this Agreement, or provides a statutory guarantee in connection with the goods or services (if any) supplied, then our liability for breach of such condition, warranty, other term or guarantee will be limited (at our option) to the extent we are able to do so: (A) in the case of goods, to our doing one or more of the following: (1) replacing the goods or supplying equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the goods or purchasing equivalent goods; and (4) paying the cost of repairing the goods; or (B) in the case of services, to our doing one or both of the following: (1) supplying the services again; and (2) paying the cost of having the services supplied again. Otherwise, this Agreement and any dispute or claim arising out of or in connection with it will be governed by the laws of our location; and any dispute, controversy or claim arising out of, in connection with or in connection with it (whether in contract, tort or otherwise), including its existence, validity, interpretation, performance, breach or termination, shall be brought in the courts of our location.

12. Contact Us and Technical Support

If you have any questions or concerns about this Agreement, or wish to exercise your rights, please contact us via email at shiguangai2025@outlook.com