Terms of Service
last updated: August 1, 2023
This Terms of Service( hereinafter referred to as the “Agreement”) applies to your use of the Aurai mobile application( hereinafter referred to as “Software”, “App” or “Service”) distributed and operated by Haikou Chengfa Technology Co., Ltd. ( hereinafter referred to as “we” ). We offer the Software and the Service to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated in this Agreement.
ONCE YOU ACCESS, VIEW OR USE THE APP, WE CONSIDER YOU TO CONSENT THE TERMS AND CONDITIONS DESCRIBED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE STOP USING THE APP IMMEDIATELY.
YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICES. IF YOU ARE UNDER 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU MUST HAVE THE AUTHORITY TO ACCEPT THESE TERMS OF THE AGREEMENT ON THEIR BEHALF.
We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.
GENERAL RESTRICTIONS ON USE
1.1 We grant you a personal, revocable, non-transferable and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use the Service on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes.
1.2 You may not use the App under the following conditions:
1.2.1 you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
1.2.2 you shall use the App for lawful purposes only;
1.2.3 you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;
1.2.4 you shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account; enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
1.3 You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Service provided.
1.4 You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
1.5 We don’t allow the use of our Service for the following:
1.5.1 Illegal activityL: We prohibit the use of our Services for illegal activity.
1.5.2 Child Sexual Abuse Material or any content that exploits or harms children.
1.5.3 Generation of hateful, harassing, or violent content: Content that expresses, incites, or promotes hate based on identity;Content that intends to harass, threaten, or bully an individual;or content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
1.5.4 Generation of malware: Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.
1.5.5 Activity that has high risk of physical harm, including: Weapons development;Military and warfare;Management or operation of critical infrastructure in energy, transportation, and water;or content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
1.5.6 Activity that has high risk of economic harm, including: Multi-level marketing;Gambling;Payday lending;or Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services.
1.5.7 Fraudulent or deceptive activity, including:Scams;Coordinated inauthentic behavior;Plagiarism;Academic dishonesty;Astroturfing, such as fake grassroots support or fake review generation;Disinformation;Spam;or pseudo-pharmaceuticals.
1.5.8 Adult content, adult industries, and dating apps, including:Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness); Erotic chat;Pornography.
1.5.9 Political campaigning or lobbying, by: Generating high volumes of campaign materials; Generating campaign materials personalized to or targeted at specific demographics;Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying; Building products for political campaigning or lobbying purposes
1.5.9 Activity that violates people’s privacy, including: Tracking or monitoring an individual without their consent;Facial recognition of private individuals; Classifying individuals based on protected characteristics; Using biometrics for identification or assessment; Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.
1.5.11 Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information.Our Services are not fine-tuned to provide legal advice. You should not rely on our Services as a sole source of legal advice.
1.5.12 Offering tailored financial advice without a qualified person reviewing the information.Our Services are not fine-tuned to provide financial advice. You should not rely on our Our Services as a sole source of financial advice.
1.5.13 Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition. Our Services are not fine-tuned to provide medical information. You should never use our Our Services to provide diagnostic or treatment services for serious medical conditions.Our Software should not be used to triage or manage life-threatening issues that need immediate attention.
1.5.14 High risk government decision-making, including: Law enforcement and criminal justice; Migration and asylum.
1.6 We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
PRIVACY POLICY
We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc.
INTELLECTUAL PROPERTY RIGHTS
3.1 The Software is developed by us independently, you acknowledge and agree that we possess or have obtained the full authorization from the right holder to enjoy any and all the lawful rights and interests of the Software, including any intellectual property rights involved in the software and service.
3.2 The information in the App includes but not limited to literary works, words, software, photos, all contents in advertisements, the commercial information we offer to you, etc., which are owned, controlled or licensed by us and are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these information only when you have authorization from us; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.
3.3 Unless you have otherwise reached written agreement with us, this Agreement does not authorize you to use name, trademark, service mark, logo, domain name of the Software or any other sign with distinctive brand feature relating to us.
3.4 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us through the email displayed below.
CONTENT
4.1 Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these terms of the Agreement, we hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these terms of the Agreement. In order to provide feedback or responses to your Input, You understand and agree that we need to share your Input with our AI technology partners.We and our AI technology partners may use Content to provide and maintain the Services, comply with applicable law, and enforce the terms of the Agreement.
4.2 Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for us or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive Output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
4.3 Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We and our AI technology partners are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
PAID SERVICES
5.1 Some of the Services provided by the Software will need to be paid for use (“Paid Services”). Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. In the future, the Software may comprise further Paid Services. If you already subscribed the Paid Services during the period the further Paid Services is updated, you will be able to use the further Paid Services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; 2) you update the Software as may be required to use the further Paid Services.
5.2 For any Paid Services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method.
5.3 We could modify about our payment policy according to practical needs. Some free services may become Paid Services in the future. If the fee is not paid on time and in full, you will no longer be able to use the Paid Services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
INDEMNIFICATION
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
LIMITATION OF LIABILITY AND DISCLAIMER
7.1 You understand and accept that you are solely responsible for your Content, including for ensuring that it does not violate any applicable law or these terms of the Agreement. We do not endorse any of the Content or any opinions or recommendations expressed therein and expressly disclaim any and all liability in connection with such Content.
7.2 You acknowledge and agree that the App and the Service may have potential risks like service interruption, failure to respond to users’requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
7.3 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
7.4 In view of business development and adjustment, we reserve the right to amend or terminate the Service without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
7.5 The Service which is not officially released or authorized by us and the derivative works of us are illegal. User’s downloading, installation, and using this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
7.6 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
7.7 NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS OF THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($90). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UPDATE,DISCONTINUATION, SUSPENSION AND TERMINATION OF THE APP
8.1 You have the right to stop using the App at any time.
8.2 The App may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.
8.3 We reserve the rights to amend, interrupt, suspend or terminate to provide the App based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the App and the Service, etc.
8.4 You agree that we may, without prior notice, suspend or terminate the Service related to the App if:
you are in breach of these Terms;
we do so subject to the applicable law or requirements of competent authority; or
other condition upon which we need to do so.
8.5 Upon termination of the Service, we, subject to the applicable law and regulation, reserve the right to completely delete all information of you, and we shall no longer undertake obligations to you.
OTHERS
9.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
9.2 Without written authorization from other side, user may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.
9.3 The validity and interpretation of these Terms is applicable to laws of the People’s Republic of China(“PRC”). If any provision in these Terms conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (CIETAC) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
9.4 We reserves the final interpretation right on these Terms.
CONTACT US
If you have any questions about the Service or this Agreement, or if you would like to obtain a previous version of the current document, feel free to contact us at aurai.feedback@outlook.com .
Statement
Before using our software and related services (“Service”), please be sure to read and understand this statement (“Statement”) carefully.
1.We don’t allow the use of our Service for the following:
1.1 Illegal activityL: We prohibit the use of our Services for illegal activity.
1.2 Child Sexual Abuse Material or any content that exploits or harms children.
1.3 Generation of hateful, harassing, or violent content: Content that expresses, incites, or promotes hate based on identity;Content that intends to harass, threaten, or bully an individual;or content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
1.4 Generation of malware: Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.
1.5 Activity that has high risk of physical harm, including: Weapons development;Military and warfare;Management or operation of critical infrastructure in energy, transportation, and water;or content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
1.6 Activity that has high risk of economic harm, including: Multi-level marketing;Gambling;Payday lending;or Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services.
1.7 Fraudulent or deceptive activity, including:Scams;Coordinated inauthentic behavior;Plagiarism;Academic dishonesty; Astroturfing, such as fake grassroots support or fake review generation;Disinformation;Spam;or pseudo-pharmaceuticals.
1.8 Adult content, adult industries, and dating apps, including:Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness); Erotic chat;Pornography.
1.9 Political campaigning or lobbying, by: Generating high volumes of campaign materials; Generating campaign materials personalized to or targeted at specific demographics;Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying; Building products for political campaigning or lobbying purposes
1.10 Activity that violates people’s privacy, including: Tracking or monitoring an individual without their consent;Facial recognition of private individuals; Classifying individuals based on protected characteristics; Using biometrics for identification or assessment; Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.
1.11 Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information.Our Services are not fine-tuned to provide legal advice. You should not rely on our Services as a sole source of legal advice.
1.12 Offering tailored financial advice without a qualified person reviewing the information.Our Services are not fine-tuned to provide financial advice. You should not rely on our Our Services as a sole source of financial advice.
1.13 Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition. Our Services are not fine-tuned to provide medical information. You should never use our Our Services to provide diagnostic or treatment services for serious medical conditions.Our Software should not be used to triage or manage life-threatening issues that need immediate attention.
1.14 High risk government decision-making, including: Law enforcement and criminal justice; Migration and asylum.
You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” You understand and accept that you are solely responsible for your Content, including for ensuring that it does not violate any applicable law or these terms of the Agreement. We do not endorse any of the Content or any opinions or recommendations expressed therein and expressly disclaim any and all liability in connection with such Content.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We and our AI technology partners are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.