Terms Of Service
Effective Date: May 15, 2025
These Terms of Service ("Terms") govern the use of the AIYAYA ("App"), owned and provided by MIDUST TECHNOLOGY PTE. LTD. ("Company," "we," or "us"). By accessing or using the App, you ("User" or "you") agree to be bound by these Terms, any subsequent revisions, and the established User Guidelines. If you do not agree to these Terms, discontinue use of the App immediately.
Chapter 1:General Provisions
1. Purpose
The purpose of these terms is to clarify the respective rights, obligations, and responsibilities of the company and you in using the App on your personal computer or mobile device (collectively, the "Device"), or by downloading the App from the App Store or Google Play Store or accessing the service website provided by the company. Please note that these terms govern your legal relationship with the company, and your relationship with the App store is subject to the corresponding terms and conditions of the App store.
2. Changes to this clause
The company reserves the right to modify this clause from time to time as deemed necessary, subject to compliance with relevant laws and regulations. If the company changes the content of these terms, the company will notify the user of the detailed information of the changes, and at least 7 days prior to the effective date of such changes, notify the reason and effective date; However, if any changes to these terms are detrimental to the user, the company will notify the user at least 30 days prior to the effective date of such adverse changes. Your continued use of the App after the effective date of these changes will constitute your acceptance of the changes. If Applicable law requires a refund for such changes, you will have the right to receive the corresponding refund. However, changes that benefit users or are caused by legal reasons may take immediate effect.
3. Additional terms
Any matters not specified in this clause shall be protected by relevant laws and regulations, the company's individual service terms, and the business policies and rules formulated by the company.
4. Notify and communicate with users
(a) When the company contacts users regarding the App, notifications and communications will be posted on the Appropriate space of the company website or App through the use of information provided by users or any other method deemed Appropriate by the company.
(b) If there are any changes to the information entered by the user during registration, the user must modify such information or notify the company, and the company shall not be liable for any adverse effects or problems caused by the user's failure to do so.
Chapter 2: Ownership and Related Licenses of Apps and App Applications
1. Ownership of App and App Applications
(a) Unless otherwise specified, "App content" refers to the text, graphics, images, illustrations, designs, icons, photos, and other related phrases provided to users within the App. Unless otherwise provided by law or contract, all proprietary and exclusive ownership of the App, App Applications, service websites, these terms, privacy policies, user guides, and any related documents and information, App content (collectively referred to as "Company Assets"), and the selection and arrangement of App content are solely owned by the Company.
(b) The selection and arrangement of company assets and App content are protected by copyright law and other relevant laws, including international intellectual property law and treaties. The company's assets include company secrets, proprietary trade secrets, and proprietary information. You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and proprietary information.
(c) Any new releases, modifications, and enhancements to company assets, as well as the selection and arrangement of App content, belong solely to the company and its licensors (if Applicable). Regarding the provision of company assets, there is no implied license, right, or benefit granted to you, and the company hereby expressly reserves all rights to the company assets and any content not expressly granted to you therein.
2. Regarding the License Scope of App Applications
(a) The company grants you a personal, limited, non-commercial, non exclusive, non sublicensable, non transferable, revocable license to download, install, and use copies of the App Application in object code format for the sole purpose of using the App on your device. You are only licensed to use the object code version of the App Application, and you have no rights to the original source code of the App Application. You can only use company assets for the sole purpose of personal use of the App.
(b) If you use company assets beyond the scope of the license granted to you under these terms, the company may revoke or cancel the license granted to you at any time. The company will notify you without delay of the reasons for revoking/canceling your license, unless the law does not allow notification (such as if violating regulations or regulatory orders, or obstructing regulatory investigations) or the company reasonably determines that notification may cause harm to users, third parties, or the company (such as damaging the security of the App).
3. Regarding the scope of permission for your information
You hereby grant the company a free license to access, collect, and use unique phone identifiers (IMEI, unique device ID, etc.) in accordance with relevant laws and regulations and the company's privacy policy. )Included in the device where you have downloaded the App Application to use the App.
4. Content License
If you upload or otherwise provide videos, audio (such as music or other sounds), images, photos, text (such as conversations), brands (such as brand names, trademarks, service marks or logos on the App), interactive features, software, indicators and other types of materials (collectively referred to as "Content"), you hereby grant the Company and its affiliates a non exclusive, unrestricted, royalty free, worldwide, sublicensable and transferable license with respect to such Content. Our company and/or its affiliates may use, host, store, copy, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or use or create derivative works related to your content under the aforementioned license. Therefore, you agree that other users accessing or using the App may view any content you provide. You can delete content individually or delete all content at once by deleting your account. In addition, this way the company can prevent the use of your content outside of the App, and you authorize the company to act on your behalf to infringe on the use of your content obtained from the App by other users or third parties. Our permission for your content is subject to your rights under Applicable laws (such as laws regarding personal data protection, to the extent that any content contains personal information defined by these laws), and is used for operating, developing, providing, improving Apps, researching, and developing new services for companies.
5. Restrictions
(a) You only have a limited license to use the target code version of the App Application.
(b) You are not allowed to use company assets for any commercial purposes.
(c) You are not allowed to copy, modify, adapt, translate into any language, distribute or create derivative works based on company assets.
(d) You are not allowed to sublicense, sublease, rent, lend, transfer, sell, license, distribute, rent, export, re export, or grant any other rights to the company's assets to any third party, and any attempt by you to do so is invalid.
(e) You are not allowed to decompile, disassemble, reverse engineer, or attempt to refactor, identify, or discover any source code, basic ideas, basic user interface technologies, or algorithms of company assets, especially Apps and App Applications, under any circumstances.
(f) You may not delete, obscure, or alter any copyright and/or other proprietary statements contained in or related to company assets, or any of their contents.
(g) You shall not destroy, disable, or circumvent any copyright protection or other digital rights management mechanisms implemented to protect the copyright and other intellectual property of company assets.
Chapter 3: Execution of Service Usage Agreement
1. Signing of Service Usage Agreement
(a) When you register as a service member according to the company's program before using the App and the company accepts your registration, the service usage agreement between you and the company is established.
(b) You can log in to the App through various methods, including using Google accounts.
(c) When registering as a service member, you must only provide truthful and accurate information. You will be responsible for any adverse and/or legal liabilities caused by your input of false information.
(d) Our company will accept your service membership registration without delay in accordance with clause (a), but may not accept your registration under any of the following circumstances. After our company accepts your registration as a service member, if any of the following situations are found to be true, we may immediately take Appropriate restrictive measures, such as suspending your service account or deleting your content and personal information. The company will immediately notify you of such restrictive measures and their reasons, unless the law does not allow notification (such as if violating regulations or regulatory orders, or obstructing regulatory investigations) or the company reasonably determines that notification may cause harm to users, third parties, or the company (if it damages the security of the App):
i. Your service member was created using a false or someone else's name;
Ii. You have entered false information or omitted information required by the company;
Iii. You are under the age of 17 or have violated relevant laws, regulations, or standards set by the company.
2. Qualifications
(a) The App shall not be used in any jurisdiction where such services are prohibited.
(b) The App is only Applicable to users aged seventeen (17) or above. Anyone under the age of seventeen (17) attempting to access or use the App is strictly prohibited and should be considered a serious violation of these terms.
(c) You hereby confirm that you fully understand these terms and have the ability to comply with them. You can only use the App if you are deemed to understand and comply with these terms.
Chapter 4: Rights and Obligations of the Parties
1. Obligations
You must comply with these terms, any revised terms based on these terms, community guidelines, and any Applicable user guidelines developed based on these terms when using the App. If you do not agree to these terms or user guidelines, please stop using the App immediately.
2. Prohibited behaviors
(a) You are not allowed to engage in any illegal or inAppropriate activities related to company assets, including the following actions, and in the event that you commit or attempt to commit such actions, in addition to suspending or terminating the relevant App accounts, you may also be subject to civil and/or criminal charges under relevant laws and regulations.
(b) You are not allowed to use company assets for any illegal or unauthorized purposes.
(c) You are not allowed to engage in any behavior that causes damage to the App by damaging, disabling, or overloading company assets.
(d) You are not allowed to use company assets to spread worms, viruses, or any destructive code.
(e) When using the App, you shall not engage in any of the following behaviors, nor shall you engage in any behavior that our company reasonably deems inAppropriate based on the purpose and other factors. Provide App:
1) Violation of court laws, regulations, rulings, decisions, and orders, and/or legally binding administrative measures;
2) Behavior that disrupts or may disrupt public order or moral customs;
3) Infringement of intellectual property rights (such as copyrights, trademarks, patents, design rights, etc.), moral rights of the company and/or third parties, proprietary rights, reputation rights, privacy rights, any other legal or contractual rights (if Applicable);
4) Spread or post excessive violent expressions, explicit sexual expressions, discriminatory expressions related to race, nationality, faith, gender, social status, etc. Inducing or promoting speech that contains anti social content and offends others, such as suicide, self harm, drug use, etc;
5) Impersonating companies and/or third parties, or intentionally spreading false information
6) Account hacking, name theft, fraudulent use of credit cards, or other inAppropriate behavior related to purchases or payments;
7) Sending identical or similar photos, voice messages, and/or text messages to an unspecified number of users, indiscriminately adding other users as friends, and other behaviors determined by the company as spam emails;
8) Actions aimed at sales, promotion, advertising, solicitation, or other profit-making purposes (excluding those authorized by the company), sexual or obscene behavior, solicitation or inducement for prostitution, defamation, slander, harassment, or insult to other users, or using the App for any purpose other than those specified in this Agreement;
9) Providing benefits, sympathy, or support to criminal organizations and/or anti social groups engaged in activities such as terrorism, violence, drug trafficking, and human trafficking;
10) Using Apps to commit financial crimes;
11) Encourage other users to participate in religious activities or join religious organizations;
12) Behaviors that interfere with App servers and network systems, use BOT, cheating tools or other technical means to illegally manipulate Apps, intentionally use App system failures, make unfair queries or requests to the company (e.g. excessively repeating the same query), or other behaviors that hinder or impede the operation of the company or other users' use of the App;
13) During the use of the App, data is generated through methods such as recording, screenshot, and photography, or the generated data is leaked to third parties or distributed through third parties;
14) Assist or encourage any behavior belonging to the above.
(f) You are not allowed to change other websites to falsely imply their association with the company or company assets.
(g) You are not allowed to use company assets for any commercial purposes or falsely imply that you are associated with the company or its assets.
(h) You are not allowed to access the App in any way other than through the interface provided by the App.
(i) You are not allowed to exchange the right to use the App for cash, property, or any other economic benefits beyond those permitted by the company.
(j) You are not allowed to engage in any behavior that violates these terms, community guidelines, etc.
3. Prevent unauthorized use
The company reserves the right to exercise any legal means it deems necessary to prevent unauthorized or illegal use of the App, including but not limited to technical barriers, IP mApping, and directly contacting your wireless (cellular) operator.
4. Personal Information Protection
Especially for AI portrait and voice cloning:
The original photo uploaded by the user for AI portrait must be the user themselves and the user has full rights or has obtained all necessary authorizations. Prohibit uploading photos of others for portrait generation.
The voice cloning data provided by the user must be the user's own voice, and the user agrees to use it to generate the voice cloning function for their own use. Prohibit the use of other people's voice data.
Our company strives to protect your personal information in accordance with relevant laws and regulations. You can find the latest version of the company's Privacy Policy.
5. Feedback
Any opinions, suggestions, or feedback related to the App or App Application that you submit to the company (collectively, "Feedback") will become the property of the company. The company will have exclusive ownership of all feedback rights. The company shall have the right to use the feedback for any commercial or other purpose without providing any compensation to you or any other person, and shall not treat any feedback as confidential. You agree that you will not obtain any rights to the App or the App Application (or any changes, modifications, or corrections made to it) through any feedback. You acknowledge that our company is not responsible for any feedback you submit, including its legality, reliability, Appropriateness, originality, and copyright.
6. Allocation
You are not allowed to transfer any rights or obligations under this agreement, as your account is entirely your personal account. According to the procedures stipulated by relevant laws and regulations, the company is allowed to transfer any rights or obligations under this contract or related to the company's assets to any third party.
Chapter 5: Use of Services
Section 1 Service Content:
1. General provisions
(a) You are solely responsible for using the App and take full responsibility for all actions and their consequences that occur within the App. When you register an account to use the App, you must strictly manage it under your own responsibility to prevent abuse. The company may consider any and all actions taken using your registered account as your own actions.
(b) If the company deems it necessary to improve the performance or security of the App in order to change its functionality or composition, it may change all or part of the App at any time, comply with laws and regulations, or prevent illegal activities or abuse of the App system. In this case, in principle, prior notice should be given to the user of any significant changes or suspensions that may have an adverse impact on the user, where reasonably feasible. However, if it is not possible to provide reasonable prior notice, if measures need to be taken to improve the security or compatibility of the App, or if it is necessary to prevent abusive behavior or comply with legal requirements, notification can be issued later. If the company cannot disclose in detail the reasons or content of the changes, the company will explain the reasons.
(c) The company provides customized services and advertisements to users through the use of user information such as service usage records. This means that advertising can be part of the App provided by the company. You may sometimes have to use the App to view unwanted ads. These advertisements help the company default to providing you with a free App and lay the foundation for investing in research and development to better serve users. At the same time, in order to provide better services, the company may display or directly send various information to users' email addresses on the App, including notifications about the use of the App and management messages. If Applicable, the company can also display advertisements and other promotional messages on the App, or directly send such messages to the user's email address.
(d) The company makes every effort to provide the best service to users. However, due to maintenance of facilities, regular and irregular maintenance checks, or other substantive reasons, the App may be temporarily suspended. In this case, advance notice will be given on the App service screen, unless there is an emergency situation such as complying with legal requirements or maintaining service safety.
The company monitors your content in various ways, including automatic and manual methods, within the scope permitted by law and technology, to detect content that violates relevant laws, these terms and user guidelines, or inAppropriate or indecent content. You understand and agree that the company may monitor or review any and all content you transmit or share through the App, including your video chat screen.
2. User layer status
Depending on the region, we may provide different services according to our operational policies based on the user's hierarchical status. In this case, the user layer status will be granted according to the standards set by the company. The company may differentiate service content between different user levels, and the company may decide to change such service content based on our own situation. The detailed information of such services will be published separately based on the notices specified in these terms.
3. Affiliated partner services
The App may include services and content provided by third-party service providers associated with the company. The responsibility for such services and content lies with third-party service providers. In addition, the service terms and conditions of third-party service providers may Apply to such services and content. Therefore, please refer to the Applicable third-party service provider's terms and conditions of service and privacy policy as needed.
4. Advertising
The company can place company or third-party advertisements in the App.
5. Definition
(a) Diamond "
Diamond is an electronic token that can be used to obtain items in an App. The unit, payment method, and other conditions for granting diamonds shall be determined by the company and published on the App.
(b) Points "
The items you receive in the App video will be converted into points. The company may provide certain benefits related to points, in which case the company will issue a separate announcement and provide corresponding benefits.
Section 2 Fee based Services
1. Purchase paid services
(b) Diamond
Diamonds are granted to users through in App purchases, promotions, or other methods specified by the company. The company should determine and display the purchasing unit, payment method, and other conditions for granting diamonds on the App.
(c) Payment fees
If you purchase any diamonds or other paid services (collectively referred to as "Products"), you hereby agree to pay all fees, including taxes Applicable to both our company and you, to your account.
You agree to comply with any relevant service terms of the App store and fulfill any contractual obligations arising therefrom.
You agree that if you purchase any products through the App store, any issues or complaints should be handled in accordance with the payment processing service terms of the relevant App store. Our company has no right to intervene in the above-mentioned matters, and under no circumstances shall we assume any responsibility for the above-mentioned matters.
The company is unable to change the settings of your device. If you purchase a product based on your own judgment by setting a simple payment function on the device that omits the authentication process, the company cannot participate in the process and does not assume any responsibility.
(d) If you use your payment method to make a direct payment to the company, additional terms Apply.
If you make payment directly to the company, even if the company has requested or received payment, the company can correct any billing errors or mistakes it may have. If you initiate a refund or withdraw payment made using your payment method in any other way, the company may, at its sole discretion, terminate your service and/or your account immediately.
If the payment is not successfully settled due to expiration, insufficient funds, or other reasons, and you have not edited the payment method information, the service will be terminated or cancelled, and you will still be responsible for any outstanding amount and authorize the company to continue billing the payment method as it may be updated. This may result in changing your payment billing date. In addition, you authorize us to obtain updated or replaced expiration dates and card numbers from your credit or debit card issuer. Your payment terms will be based on your payment method and may be determined by agreements between you and financial institutions, credit card issuers, or other providers of the payment method you choose.
(e) Payment responsibility for using third-party payment processing methods
You are responsible for all claims related to your account, unless the purchase of products is due to intentional misconduct or gross negligence of the company resulting in the leakage of your personal information.
Our company is not responsible for any purchases made by third parties due to the theft of your name or personal information, including third-party purchases caused by your accidental exposure of your information or failure to use the password setting function of the device or Application store.
Please be careful not to let your acquaintances, children, or family members use your device to purchase any products. Unless otherwise stipulated by relevant laws, you will bear the payment responsibility for any acquaintance's purchase of products, and our company will not be held responsible for any children or family members who have not obtained your consent or violated your wishes.
2. Term of use, exchange, and transfer of the product
(a) Usage period
The product can be used for 5 years from the date of purchase and will expire after 5 years from the date of purchase. However, the duration of diamonds that users can obtain through methods other than purchasing depends on the conditions provided by the company.
(b) Product exchange
Products that are fixed price services or projects cannot be exchanged for cash, property, and economic benefits beyond the services or content specified by the company. The terms of use required for service or content exchange are determined by the company and published on the App.
(c) Product Transfer
The product can only be used on the account where the product was purchased and cannot be transferred to another account through any other means Approved by the company.
3. Refund
Unless otherwise specified in these terms or required by Applicable law, any product purchased, including the following, shall not be refunded under any circumstances:
a. Any product owned by a user who suspends the use of the App due to violation of these terms or illegal behavior;
b. Products that have been fully or partially used (partially used packaging products);
c. Purchase products that are over five (5) years old;
d. Products remaining within one (1) year from your last use of the App;
f. Terminate the use of the App or delete any products owned by users of the App Application;
g. Products purchased by third parties due to device theft or loss, or products caused by your negligence, including those specified in Section 2, Article 1 (d) of Chapter 5.
In addition, refunds for any and all products permitted by Applicable laws in your jurisdiction will be processed and may be subject to restrictions, in accordance with the refund policies of third-party payment processing services (App stores) that you use to purchase products. If you reside in the EU region, you will have the right to a statutory cancellation right of 14 days under Applicable law. Therefore, we suggest that you review the corresponding refund regulations and policies of such third-party providers.
4. Minors
If the user is a minor or a person with limited legal capacity, the consent of the user's parents or legal representative is required to purchase any product. If a minor purchases a product without the consent of their legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor's purchase is made within the scope of disposable property permitted by their legal representative, or if the minor uses deceptive means such as using an adult's payment information without consent to make the company believe that he/she is not a minor, such purchase cannot be cancelled even without the consent of the legal representative.
Chapter 6:App Video
This chapter is Applicable to your use of App videos.
1. Use App Video
(a) Some countries or regions may not be able to use App videos. This chapter does not Apply to situations where this feature is unavailable.
(b) App videos are suitable for App users aged 18 or above. Individuals under the age of 18 attempting to access or use App videos are strictly prohibited and considered a serious violation of these terms.
2. Host and participate in videos
In App Video, you can be a radio host (hereinafter referred to as "host") or a viewer.
Content created, sent, or shared within App Video must not violate relevant laws, these terms, or user guidelines.
3. Gift giving items
Users can send or receive gifts from other users who participate in App videos.
Please note that once you gift an item to another user in the App Video, you have completed the use of the diamond required for the gift. Therefore, you will not receive a refund for items used to send gifts or gifts sent by the company to other users on the App Video. Cancelling or returning gifts must be discussed and resolved with the user who received the gift separately.
In the absence of Applicable laws, final legal judgments, or similar decisions, the company cannot cancel the items you have already gifted, nor shall it assume any responsibility related to this.
4. Rewards
The company can share the revenue generated from the sale of items with the users who receive them. However, as items or coins are not intended to be used as a means of providing compensation or financial support to users, users can share the company's revenue by participating in the company's reward program. The company does not guarantee to any user that any recipient of goods will receive economic benefits.
5. Operation and use of content
(a) Responsibilities of Content Operators
i. Users who create, transmit, or share content through App Video are fully responsible. Except as otherwise provided by law, our company shall not be liable for any content disseminated or shared through App videos.
Ii. If you are required to pay royalties, fees, or other fees to third parties due to your content, you will be fully responsible.
Iii. Regarding your content, you must ensure that the following videos are used on the App. If you violate any of the following, your account may be suspended or terminated. You may also bear corresponding civil or criminal liability, and the company may take action against you within the scope permitted by law to minimize the damage caused to third parties or the company.
1. You are the sole creator or legal owner of the content, or have legal authority to transmit and use the content.
2. The content you send, share or display a) does not contain any information related to intellectual property, trade secrets or third-party personal information, and b) shall not infringe or damage the personal rights, intellectual property, property rights or other rights of third parties.
(b) Duty of care when using content
Despite efforts made in accordance with Article 1 (e), Section 1, Chapter 5 of these terms, the company cannot physically control all content encountered by users during the use of App videos. Therefore, you should be fully aware of the risk of encountering offensive or obscene content or causing discomfort when using App Video. Unless otherwise provided by law, the company shall not be liable for any content created, transmitted, or shared through App Video. You will not allow our company to participate in any claims or disputes arising from such content. Once you become aware of such content, you may report it to our company.
6. Restrictions on the use of App videos
If the host violates Article 2, Chapter 4 of these terms or engages in illegal activities such as copying, using another person's name, impersonating a credit card, fraud, defamation, or violates the Sexual Violence Crime Law or the Law on the Protection of Children and Adolescents from Sexual Crimes, the company may, based on its judgment, restrict or delete the user's permission to act as the host for video screening. Unless notification is not permitted by law (such as causing a violation of laws or regulatory rules, or obstructing regulatory investigations) or may reasonably cause harm to users, third parties, or the company (such as damaging the security system of the App), the company will immediately notify the relevant users.
Chapter 7: Third Parties Related to Service Use
1. Access to bandwidth and device permissions
If your use of the App depends on the use of bandwidth owned or controlled by a third party, you acknowledge and agree that you must obtain the consent of the relevant third party in order to use such content, and the Company shall not be liable for the aforementioned content.
You must have or have legal rights to control the use of devices that download the App Application and/or access the website through which the App is provided. If you intend to sell, transfer, or otherwise cease to have the legal right to control the use of the device, you must remove the App Application and related personal information from the device. You will be fully responsible for any issues that may have caused you to fail to delete the same.
2. Use third-party software
These terms also Apply to your use of any third-party software or technology included in the App.
3. Unable to access emergency communication services
App does not constitute ordinary telecommunications services as stipulated by relevant laws and regulations. Therefore, due to physical limitations, the company does not support or provide emergency call services to any type of medical institution, law enforcement agency, etc. For users. Please note that the App cannot replace your primary phone service.
4. Third party fees
If you use the local SMS Application to send messages or invitations to unregistered App users and those you choose to communicate with, third parties providing such SMS services may charge you additional fees for such use.
5. Third party websites, products, and services
The App may contain links or references to other websites and/or services provided by third parties (collectively referred to as "reference websites") solely for the convenience of users. Our company is not responsible for any representations and/or warranties made by any such reference website, and the risks of accessing and using the reference website are entirely borne by you. We encourage you to read the terms and conditions, as well as the privacy policy, of any reference websites you visit. In addition, your communication or business dealings with advertisers on or through the reference website are only between you and such advertisers.
Chapter 8:Service Termination and Usage Restrictions
1. Termination of service by you
You can terminate the use of the App at any time by uninstalling and deleting the App Application from the device. If you wish to delete your account, you need to contact us to delete your account. If you have subscribed to any subscription service, you must terminate the subscription service before deleting your account. Any and all liabilities resulting from your failure to do so will be your sole responsibility. Please note that if you attempt to log in from another device using the same phone number or log in using the same phone number you originally used, it will be considered as termination of service. After deleting and reinstalling the service Application on iOS (Apple), you will be registered for the first time without any email address linked to the account.
2. Termination of services by the company
(a) If the company determines that any of the following has occurred, or there is a sufficient likelihood that it may occur, the company may restrict your use of the App and/or temporarily or permanently suspend your account. Unless otherwise provided by Applicable law, the company shall not be liable for the following restrictions and termination of services:
i. If you commit any prohibited behavior as stipulated in Section 2 of Chapter 4;
Ii. If any product purchase is cancelled in accordance with Section 2 of Article 4 of Chapter 5;
Iii. If any investigation related to the use of the App begins targeting you; perhaps
Iv. If the company reasonably believes that you have engaged in unethical behavior according to social norms in other aspects
(b) The company will immediately notify you of any reason for such suspension or termination of service provision, unless notification is not permitted by law (e. g., if it violates regulations or regulatory orders, or causes regulatory investigations to be obstructed) or the company reasonably determines that notification may cause harm to users, third parties, or the company (e. g., if it damages the security of the App).
(c) The company may delete your account information after prior notice to you, which may result in the termination of the service usage agreement related to the App, if you fail to log in or access the App within the time limit stipulated by relevant laws and regulations, or if the company's independent operation policy related to the App. However, if the company is unable to notify you (such as g., if you did not provide a valid email address to the company when registering as a service member), your account may be deleted without further notice.
Chapter 9:Compensation and Warranty Disclaimer
1. Compensation
You hereby agree to indemnify, defend, and hold harmless the Company, its licensors, its partners, its affiliates, officers, directors, employees, contractors, and suppliers (collectively, the "Company Parties") from any and all damages arising from third-party claims and/or litigation, including but not limited to (i) any violation or breach of these Terms or any Applicable laws or regulations by you, or (ii) any infringement of any rights of any third party by you, (iii) your improper use of the App and/or Company assets, (iv) any disputes arising from your use of the App and/or Company assets with other users, or (v) any disputes related to your purchase of the App. Any taxes and fees. All parties of the company reserve the right, at your own expense, to exclusively defend and control any matter for which you are required to compensate the parties of the company. Without the prior written consent of the company, you agree not to resolve any issues, and any settlement without the company's consent will be invalid for all parties of the company.
2. Warranty Disclaimer
(a) The App is provided to you "as is" and "available" without any guarantee. The company hereby denies all express or implied warranties, terms or conditions, whether factual, legal, statutory or otherwise, including but not limited to warranties, merchantability terms or conditions, Applicable for a particular purpose, satisfactory quality, and accuracy of description, title, non infringement, and generated information.
(b) Therefore, you acknowledge and agree that, unless otherwise provided by law, the company shall not be liable for your use of the App. You can solve any problem by uninstalling the App Application from the device and stopping using it.
(c) The company does not guarantee, express or implied, that the App and/or App Applications will be free from actual and/or legal defects (including those related to security, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, errors and defects, and non infringement). The company does not delete or correct any such defects in any way and provides you with the App.
(d) The company does not guarantee that the content displayed or transmitted on or through the App and/or App Applications will not be interrupted, or contain errors, viruses, or other harmful components, and does not guarantee that any of the above content will be corrected.
3. Limitation of Liability
(a) Except for direct damages caused by intentional misconduct or gross negligence of the company, under no circumstances shall the company be liable, whether based on contract, tort (including negligence), or any other legal theory, for any kind of loss, liability, claim or damage, whether direct, indirect, incidental, corresponding, special or punitive, or loss of revenue or profit, business loss or any other damages arising from or related to your use of the App and/or App Applications. Even if the company has been informed of the above possibilities in advance, the above regulations should still Apply. If the company is liable for damages to the product you purchased, such as the leakage of your personal information due to intentional misconduct or gross negligence of the company, the amount of damages should be limited to the purchase price of the product, verified through the evidence documents you submitted.
(b) Without intentional misconduct or gross negligence on the part of our company, we shall not be liable for any damages caused to you by other users and/or third parties, including (i) personal damages caused by your access or use of the App; (ii) Damage caused by third-party illegal access and/or use of company servers; (iii) Damage caused by third-party interruption of the transmission of company servers; (iv) Damage caused by third-party transmission or dissemination of malicious programs; (v) Damage caused by the omission or destruction of transmitted data; (vi) Defamation.
4. Basis of Discussion
You acknowledge and agree that the company has set forth in accordance with the warranty disclaimer (Article 2, Chapter 9) and liability limitation (Article 3, Chapter 9).
5. Abstention
The failure of our company to exercise or enforce any rights or provisions of these terms shall not constitute a waiver of such rights or provisions. Any waiver of these terms shall only be valid in writing and signed by the company.
Chapter 10:Interpretation of Terms, Applicable Law and Dispute Resolution
1. The entire agreement
These terms represent the complete agreement between the company and you regarding the matter at hand. If any provision of these terms is deemed unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, and shall remain in full force and effect.
2. Title
The title references in this article are for convenience only and do not form part of these terms, and shall not be construed as limiting or affecting any provisions of this article.
3. Injunction relief, etc.
You acknowledge that the obligations to the Company under this Agreement have a unique and irreplaceable nature. Your violation of such obligations may cause irreparable damage to the company, and monetary losses alone may not be able to make up for it. Therefore, if you have any breach or expected breach, the company has the right to obtain injunctions or other equitable relief (without the need to issue any guarantee or guarantor obligations).
4. Explanation
These terms were originally drafted in English. If there are any differences between the English version of these terms and other versions, the interpretation under the English version shall prevail.
5. Contact us
aiyaya0411@gmail.com.
© MIDUST TECHNOLOGY PTE. LTD. All rights reserved.