USER AGREEMENT

Last Updated: August 30, 2024

Preamble
1. This user agreement (the "Agreement") govern the relationship between users (hereinafter referred to as "you," "user," or "Licensee") and the Chat-Pic.ai team (hereinafter referred to as "Chat-Pic.ai," "Licensor," "we," "us," or "Company"). This Agreement sets forth the conditions under which you may access and use our websites, products, and services (collectively, the "Services"). This Agreement is legally binding and enforceable against both parties.
2. By using the Services, you acknowledge and agree to be bound by this Agreement, which form a legally binding agreement between you and Chat-Pic.ai. If you are under 18 years of age, you may only use the Services with the consent of your parent or legal guardian. It is your responsibility to ensure that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf.
3. Please read this Agreement carefully before deciding whether to accept them. Your acceptance of this Agreement is deemed to be your acceptance of the Privacy Policy, which is incorporated herein by reference. Any access to or use of the Services constitutes your voluntary acceptance of all the provisions of this Agreement. If you do not agree to this Agreement in their entirety, or if you do not understand any part of them, you must not access or use the Services. Chat-Pic.ai reserves the right to seek any and all legal remedies available for any breach of this Agreement.
Changes to the Agreement
1. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement. We will make commercially reasonable efforts to disclose any material changes to this Agreement on this website or notify you of such changes through back-end prompts. However, you should also regularly review the Agreement to check for such changes. We will revise the "Last Updated" date at the begining of this Agreement to reflect the effective date of these modifciations.
2. If you do not agree with the changes that have taken effect, you must stop accessing or using our Services after the effective date. In that case, the changes will not be valid for you. Conversely, If you continue to access or use our Services after the changes are effective, it will be deemed that you understand and accept the amended Agreement.
Account
1. To access or use our Services, you may need to create an account with us. When you create this account, you will be required to provide accurate and up-to-date information. It is important that you maintain and promptly update the information you provide to us to keep such information current and complete. We may ask you to confirm your registration information to enable you to use the product constantly.
2. There shall be no illegal or unhealthy information in your registration. You agree not to use any username that is unlawful, fraudulent, defamatory, abusive, hateful, violent, harassing, discriminatory, racist or aims to violate the rights of others. The above applies in all cases when you create a nickname. You are prohibited from impersonating any individual to create an account. Additionally, you shall not share your account or your registration information with others, nor permit any other person to access your account. Furthermore, you are not permitted to purchase, sell, sent, or relinquish your account to any third party. If we receive a report or have reasonable grounds or evidence from our investigation indicating that the current user of an account is not the person who originally registered, or if you fail to comply with any of the provisions of this Agreement, or if your account is in breach of the legal rights of any third party, or in breach of any applicable law or regulation, we reserve the right to take actions including, but not limited to, freeze the account, terminate the provision of Services to the account, or delete the account.
3. You are responsible for the safekeeping and proper use of your account and password. If you fail to do so, and such failure results in the loss of your password or the theft of your account, you will be solely responsible for any legal liability arising from these circumstances.
4. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
Access to and Use of the Services
1. You have the right to access or use our Services for non-commercial purposes and we hereby grant you a personal, non-transferable, non-sublicensable, non-exclusive, revocable, general license to use them.
2. Your access to and use of our Services is subjected to this Agreement and all applicable laws and regulations. In the course of use, you shall not do any of the following, including but not limited to, copy, modify or create derivative works without our authorization; sell, rent, lend, publish or transmit the software to others in any form; derive source code by deconstructing software, decompiling, disassembling or reverse engineering; develop new products based on our Services; provide product data processing services, application services or commercial sharing to any third parties; infringe our rights in any form or manner without our authorization or infringe the interests of others in the use of our software; use our products or services to engage in illegal and criminal activities that violates social order and morality, violates the privacy, reputation, portrait, intellectual property rights and other legal rights and interests of other; as well as any other acts not authorized by the our Company.
3. The licensed software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
4. Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
Intellectual Property Rights
1. All content, except for End-User Generated Content, including but not limited to trademarks, patents, text, images, logos, videos, audio, layouts, page frames, and software, is owned by us or licensed to us and is protected by copyright and other intellectual property laws and treaties. You may not remove our copyright marks or other rights notices from our Services. You are granted a separate license to use our Services only when you access or use them; a license to use the Service shall not be deemed as permission to transfer or share any or all of its intellectual property rights under any circumstances.
2. No one may reproduce, distribute, or publish any information that constitutes our intellectual property in any form, whether for commercial or non-commercial purposes without our written consent. We reserve the right to pursue legal action against infringers.
3. You guarantee that your use of our Services will not infringe the intellectual property rights of any third party and that you will be solely responsible for all liability if your acts infringe the intellectual property rights of any third party.
4. When you use our Services, once your artwork has been created and delivered to you, we do not claim any intellectual property rights over that particular work, and you will have full control over the permissions associated with your artwork. However, as the law related to works created by AI is constantly evolving, we do not guarantee that you will be able to assert the intellectual property rights in your work in every jurisdiction, or that your work or any trademark application or copyright claim will not infringe the intellectual property rights of any third party. You hereby grant us a worldwide, non-exclusive, non-sublicensable, royalty-free license to reproduce, duplicate, and display your artwork created through our Services for the purpose of showcasing our Services or for commercial promotion.
5. In accordance with the Digital Millennium Copyright Act (the "DMCA"), we have designated a DMCA copyright agent at [CONTACT EMAIL] to receive notifications of claimed copyright infringement related to the Services. Please be aware that under the DMCA, you may be held liable for damages if you make material misrepresentations in your notification of claimed infringement. Therefore, if you are uncertain whether material on or linked through our Services infringes your copyright, we recommend that you consult with an attorney before submitting a notification.
Fee-based services

The Services are currently provided free of charge; however, certain features may be offered on a paid basis, such as subscription services. Users may become paid users by purchasing a subscription or making a one-time purchase through authorized app marketplace channels, including the Apple iTunes Store and Google Play Store. All fees paid for access to the Services, whether for subscriptions or one-time purchases, are non-refundable.
Privacy Policy

The protection of users' personal information is one of our basic principles and we will take reasonable measures. We will not disclose or reveal your personal information to any third party without your permission, except in cases prescribed by law. We will protect and regulate your personal information in accordance with our published Privacy Policy. You can view our Privacy Policy for more information on the protection of your personal information and privacy.
Limitation of Liability
1. For all our Services, we have made every effort to provide accurate materials and information, but we cannot guarantee their completeness, validity or reliability. We will not be responsible for damage caused by your misuse.
2. We do not guarantee that our Services will meet all of your expectations or be fully suitable for all users.
3. We do not guarantee that our Services will be uninterrupted, timely, secure, reliable, or free from errors.
4. We do not guarantee that all errors in our Services will be corrected.
5. You acknowledge and agree that the use or access of our Services may be affected by factors beyond our control, including but not limited to, force majeure events. In such cases, while we will endeavor to promptly address and repair any issues, we shall not be liable for any losses resulting from interruptions or terminations caused by force majeure to the extent permitted by law.
6. We reserve the right to address illegal and non-compliant content as outlined in this Agreement. However, this right does not impose any obligation or commitment on our part, and we do not guarantee that violations will be detected or addressed in a timely manner.
7. Our Services are provided solely for personal and private use. You agree not to use our Services for commercial or business purposes. We shall not be liable for any loss of profits, business, goodwill, or business opportunities arising from such use.
8. We reserve the right to modify, suspend, withdraw, or restrict the availability of all or any part of our Services at any time for business and operational reasons.
9. In no event shall we, or our shareholders, employees, agents, or affiliates, be liable for any indirect, punitive, or incidental damages, including but not limited to: (i) damages resulting from your inability to access or use our Services; (ii) damages resulting from any act or content of a third party; (iii) losses arising from the use of any content obtained or generated through our Services.
10. Except as expressly provided by law, our total liability to you for any reason shall not exceed the fees paid by you for the use of our Services.
11. These limitations of liability apply regardless of whether we have been advised or should have been aware of the potential for such losses.
12. You are solely responsible for any mobile charges, including but not limited to SMS and data charges, incurred in connection with your access to or use of our Services. If you are uncertain about these charges, please consult your service provider prior to using the Services.
13. You expressly acknowledge and agree that, to the extent permitted by applicable law, your use of Chat-Pic.ai software is at your own risk, and the entire risk regarding satisfactory quality, performance, and accuracy rests with you. No oral or written information or advice provided by Chat-Pic.ai or its authorized representatives shall constitute a warranty.
14. Chat-Pic.ai does not permit any use of our Services for any activities that violate local laws or infringe upon the rights or intellectual property of others. You are responsible for any consequences resulting from illegal activities or rights infringements. If you disagree with this provision, you should not use our Services.
Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, excluding its conflict of law principles. Any dispute arising from or related to this Agreement, including issues regarding their existence, validity, or termination, shall be resolved by arbitration administered by the Hong Kong International Arbitration Centre under the HKIAC Administered Arbitration Rules in effect at the time. The seat of arbitration shall be Hong Kong, and the arbitration proceedings shall be conducted in English.
Supplemental Provisions
1. When you access or use our Services, the Agreement, together with any additional agreements that apply to the Services, constitute the entire agreement governing your use of our websites and related services. this Agreement shall have equal legal effect.
2. The service descriptions, pricing information, and order pages (if any) that you agree to on our Services' related pages are an integral part of the Agreement and hold the same legal effect. In the event of any conflict between this Agreement and the Agreement, the service descriptions, pricing details, and order pages that you have agreed to will take precedence.
3. You may not assign any of your rights or obligations under the Agreement without our prior written consent. However, to the extent permitted by law, we reserve the right to assign our rights and obligations under the Agreement without your consent.
4. Provisions relating to confidentiality, exclusivity, indemnification, and limitation of liability shall survive the termination or expiration of this Agreement.
5. Headings used in the Agreement are for convenience only and have no legal effect. They should not be used to interpret the meaning of the Agreement, which are subject to our final interpretation.
6. If you want to submit a request by email or if you have any other questions about intellectual property infringement，privacy or data protection at Chat-Pic.ai, you can contact us at [CONTACT EMAIL].