Terms of Service

Last modified: January 2023

Welcome to Chopsticks Smart Creative Platform ( this Platform ), which is provided by Chopsticks Technology or one of its affiliates ( Chopsticks or us ).

You are reading the Terms of Service ( these Terms ). These Terms govern your relationship with Chopsticks and the Services, and stipulate the terms and conditions for your access to and use of the Platform and our related websites, services, applications, products and content (collectively, the Services ). The Services we provide are for private, non-commercial use only. For the purposes of these Terms, " you " means you as a user of the Services.

These Terms constitute a legally binding agreement between you and us. Please take the time to read these terms carefully.

By accessing or using our services, you confirm that you can enter into a binding contract with Chopsticks and accept and agree to abide by these terms. Your access to and use of this service is also subject to our privacy policy and user code of conduct, the terms of which can be found directly on this platform. By using this service, you agree to the terms of the Privacy Policy. If you do not agree to these terms, please do not access or use this service.

If you are accessing or using the Service on behalf of a company, corporation or unincorporated body: (a) "you" and "your" include you and the company, corporation or unincorporated body, (b) you represent and warrant that you are the authorized representative of the company, corporation or unincorporated body with the right to bind the company, corporation or unincorporated body to these Terms, and you agree to these Terms on behalf of the company, corporation or unincorporated body, and (c) your company, corporation or unincorporated body regarding your access to or use of the Service, and persons associated with your company, corporation or unincorporated body (including any employee, agent or contractor) access or use your account with legal and financial responsibility.

You may agree to these Terms by accessing or using our Services. You understand and agree that we will treat you as accepting these Terms from the time you access or use the Service.

You shall print or store a copy of these Terms for your records.

We may revise these Terms from time to time, for example: when we update the functionality of the Service, when we combine applications or services operated by us or related businesses into one service or application, or when regulations change. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as notices through the Platform. However, you should periodically review these Terms to confirm whether there are any changes. We will also update the "Last Updated Time" date at the top of these Terms, which shows the effective date of these Terms. Your continued access to or use of the Service after the effective date of the new terms represents your acceptance of the new terms. If you do not agree to the new terms, please be sure to stop accessing or using the Service.

In order to access or use certain of our services, you must set up an account on this platform. When you set up this account, you must provide accurate and up-to-date information. It is important that you maintain and timely update your details and other information you provide to us to keep them up-to-date and complete.

It is important that you keep your account password confidential and do not disclose it to any third party. If you know or suspect that any third party knows your password or has access to your account, you must notify us immediately via the following link: https://kuaizi.ai/en/pc/home

You agree to be solely responsible for the activity (to us and others) that occurs on your account.

We reserve the right to deactivate your user account at any time, including if you fail to comply with any provision of these Terms, or if activity on your account occurs that, in our sole discretion, will or may result in damage or disruption of the Service, or violate or violate the rights of any third party, or violate any applicable law or regulation.

If you no longer plan to use the Service and wish to delete your account, we can do so for you. Please contact us at the following link: https://kuaizi.ai/en/pc/home and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to re-enable your account or retrieve the content you have stored in your account.

Your access to and use of the Service is governed by these Terms and all applicable laws and regulations. We expressly prohibit the following actions:

* Access or use the Service if you are not fully capable of validly agreeing to these Terms;

* Unauthorized reproduction, modification, adaptation, translation, reverse engineering, reverse assembly, decompilation or creation of any derivative work of the Service or its contents, including any file, form or document (or any part thereof), or to determine or attempt to determine the source code, algorithms, methods or techniques included in any Service or any derivative work of the Service;

* distribute, license, transfer or sell all or part of the Service or any derivative works thereof;

* market, rent or lease the Service for a fee, or use the Service for advertising or any commercial promotion;

* Without the express written consent of the company, use the service for any commercial or unauthorized purpose, including the dissemination or promotion of any commercial advertising or solicitation or sending Email Spam, Junk Email;

* Interfere or attempt to interfere with the proper functioning of the Service, disrupt our website or any network linked to the Service, or bypass any measures we use to block or restrict access to the Service;

* Incorporate the Service or any part thereof into any other program or product. In such event, the Company reserves the right to refuse to provide services, terminate accounts or restrict access to the Services at the sole discretion of the Company;

* Use automated bots to collect information from or interact with the Service;

* Impersonate any person, corporation or unincorporated body, or falsely state or otherwise mislead you or your affiliation with any person, corporation or unincorporated body, including making it appear that any content you upload, post, transmit, distribute or otherwise provide is from the Service;

* Intimidate or Harassment, or Promote Subtle Pornography, Violence, or Discrimination Based on Race, Gender, Religion, Nationality, Disability, Sexual Orientation, or Age;

* Use or attempt to use another person's account, service or system, or create a false identity on the Service without the authorization of Chopsticks;

* Use the Service in a manner that may create a conflict of interest or undermine the purpose of the Service (such as trading reviews with other users, or writing or soliciting false reviews, etc.);

* Use the Service to upload, transmit, distribute, store or make available in any way: files containing viruses, Trojan horses, worms, logic bombs, or other malicious or harmful technologies; any unsolicited or unauthorized advertising, solicitation, promotional materials, "Email Spam, Junk Email," "Spam," "Chain Letter," "Multi-level Pyramid Selling" or any other prohibited form of solicitation; any private information of any third party, including addresses, telephone numbers, e-mail addresses, personal identification number and characteristics (eg: National Health Insurance number, passport number) or Credit Card Numbers; Any Content that infringes or may infringe the copyright, Trademark or other intellectual property rights, or privacy rights of others; Any Content that is defamatory, obscene, offensive, pornographic, hateful, or inflammatory; Any Content that constitutes, encourages, or instructs a criminal offense, dangerous activity, or self-harm; Any Content that is intentionally intended to provoke or antagonize others, especially mocking and bullying, or that is intended to Harassment, Harm, Hurt, Frighten, Disturb, Embarrass, or Disturb; Content that contains threats of any kind, including threats of physical violence; Any Racist or Discriminatory Content, including on the basis of a person's race, religion, age, gender Discrimination based on disability and/or sexual activity;

* Any answers, responses, comments, opinions, analysis or suggestions provided by you without the appropriate license or qualifications;

* In Chopsticks' sole judgment, objectionable content, or content that restricts or prohibits any other person from using the Service, or content that may cause Chopsticks, the Service or its users any harm or liability of any kind.

In addition to the above, your access to and use of the Service is subject to the Community Guidelines at all times.

We reserve the right to remove or disable Accessible Content at any time, with or without prior notice, at our sole discretion and with reason. We may remove or disable Accessible Content for reasons that may include finding it objectionable, in violation of these Terms or our Community Guidelines, or harmful to the Service or our users. Our automated systems analyze your content to provide you with personally relevant product features, such as customized search results, tailored advertisements, and detection of Email Spam, Junk Email and malicious mail. This analysis may be performed when the content is sent, received and stored.

We respect intellectual property rights and ask you to respect intellectual property rights as well. As a condition of your access to and use of the Service, you agree not to use the Service to infringe any intellectual property rights. If a user infringes or is accused of infringing any copyright or other intellectual property rights, with or without prior notice, we reserve the right to decide and block access to any user account and/or terminate any user account at any time.

During your use of Chopsticks, all content, software, pictures, text, images, icons, logos, patents, Trademarks, service marks, copyrights, photos, audio files, videos, music and "look and feel" about the Service, and all related intellectual property rights (hereinafter referred to as " Chopsticks Content ") are owned or licensed by Chopsticks. You or your licensor will own any User Content (as defined below) that you upload or transmit through the Service. We strictly prohibit the use of the Chopsticks Content or Materials on the Service for any purpose not expressly permitted by these Terms. The Chopsticks Content may not be downloaded, copied, reproduced, distributed, transmitted, transmitted, displayed, sold, licensed or otherwise exploited for any purpose without the prior written consent of us or, where applicable, our licensors. We and our licensors reserve all rights to content not expressly granted.

You acknowledge and agree that we may generate revenue, increase goodwill or otherwise increase our value from your use of the Service, including but not limited to through the sale of advertisements, sponsorships, promotions, usage materials and gifts. You will not be entitled to share in any such revenue, goodwill or value unless expressly permitted by us in these Terms or other agreements between you and us. You further acknowledge that, except as expressly permitted by us in these Terms or other agreements you enter into with us, you are not entitled to receive any income or other remuneration from any User Content (as defined below) or your use of any musical composition, sound recordings or audiovisual clips made available on or through the Service, including any User Content created by you, and are prohibited from exercising any rights in the User Content of the Service or any third party service (for example, you cannot make any requests for User Content uploaded to social media platforms (such as YouTube) for profit).

Subject to the terms and conditions of these Terms, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable worldwide license for your access to and use of the Service. This license includes: downloading the Platform on permitted devices and accessing Chopsticks Content through use of the Service in compliance with these Terms and only for personal, non-commercial purposes. Chopsticks reserves all rights not expressly granted in the Service and Chopsticks Content. You acknowledge and agree that Chopsticks may terminate this license at any time, regardless of reason.

You acknowledge and agree that when you view content provided by others on the Service, you do so at your own risk. The content of our Services is for general information purposes only and is not intended to constitute advice that you can rely on. You must obtain professional or expert advice before taking or not taking any action based on the content of our Services.

We make no representations, warranties or warranties, express or implied, as to the correctness, completeness or timeliness of any Chopsticks Content (including User Content). If our Services contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of these websites or resources. Such links should not be construed as our endorsement of these linked websites or the information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review or edit any content (including User Content) posted by you and other users on the Services.

Users of the Service may upload, post or transmit (e.g. via Streaming) or otherwise make available Content through the Service, including but not limited to any text, photographs, user videos, audio recordings and musical compositions contained therein, including videos containing sound recordings and ambient noise stored locally from your personal music library ("User Content"). Users of the Service may also retrieve all or any part of User Content created by another user to create additional User Content, including collaborating with other users, combining and interspersing User Content produced by multiple users. Users of this service may also add music, images, stickers, virtual items and other elements provided by Chopsticks (hereinafter referred to as "Chopsticks Elements") to the User Content and transmit this User Content through this service. The information and materials in User Content, including User Content containing Chopsticks Elements, are not verified or agreed by us. The views expressed by other users on this service (including those expressed through the use of virtual gifts) do not represent our views or values.

When you access or use features that allow you to upload or transmit User Content through the Service (including through certain third-party social media platforms such as Tik Tok, Instagram, Facebook, YouTube, Twitter), or contact other users of the Service, you must comply with the standards set forth in "Your Access and Use of the Service" above. You may also choose to upload or transmit your User Content, including User Content with Chopsticks elements, on websites or platforms provided by third parties. If you decide to do so, you must comply with their content guidelines and the standards set forth in "Your Access and Use of the Service" above.

You warrant that any such work does meet these standards, and you agree to be liable and liable for any breach of this warranty. This means that you are responsible for any loss or damage suffered by us as a result of your breach of the warranty.

Any User Content will be deemed non-confidential and non-proprietary. You may not post any User Content on or through the Service that you consider confidential or proprietary, nor transmit any such User Content to us. When you submit User Content through the Service, you agree and represent that you own the User Content or that you have obtained all required licenses, approvals or authorizations from the content owner to submit User Content to the Service, transfer it from the Service to other third-party platforms, and/or adopt any third-party content.

If you only own the rights to a sound recording, but not the musical work contained in the sound recording, you may not post the sound recording to the Service unless you have obtained all licenses, approvals or authorizations from the owner of the content.

By submitting User Content through the Service, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, create derivative works from, publish and/or transmit and/or distribute User Content to us, and to other users of the Service and other third parties to view, access, use, download, modify, adapt, reproduce, create derivative works from, publish and/or transmit you in any format and on any platform of user content, whether now published or subsequent creators.

You further grant us the royalty-free right to use your username, picture, voice and likeness to identify you as the source of any User Content you own.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this section, including but not limited to the right to reproduce sound recordings (and mechanical reproductions of musical works contained in sound recordings), and the right to perform publicly and communicate sound recordings (and the musical works contained therein) to the public, are licensed free of charge. This means that you grant us the right to use your User Content without us having to pay royalties to any third party, including but not limited to sound recording copyright owners (such as record labels), music copyright owners (such as music publishers), performance rights organizations (such as ASCAP, BMI , SESAC, etc.) (" performance rights organizations "), recording performance rights organizations (such as SoundExchange), any trade union or trade association, and engineers, producers, or other royalty participants involved in the production of User Content.

If you are the composer or creator of a musical work and are affiliated with a performance rights organization, you must notify your performance rights organization that you grant us royalty-free rights to your User Content through these Terms. You are solely responsible for ensuring that you comply with the reporting obligations of the relevant performance rights organization. If you have assigned your rights to a music publisher, you must obtain the consent of that music publisher to grant us royalty-free rights to your User Content under these Terms, or to have that music publisher enter into these Terms with us. The mere fact that you have created a musical work (for example, writing a song) does not entitle you to grant us the rights under these Terms. If you are a recording engineer under a Covenant with a record company, you are solely responsible for ensuring that your use of the Service complies with all of your Covenant obligations to the record company, including if you create any new recordings through the Service that may be requested by your record company.

All rights you grant to your User Content in these Terms are granted on a direct-to-audience basis, which means that the owner or operator of a third-party service will not be solely liable to you or any other third party for posting or using User Content on that third-party service through the Service.

By posting User Content on or through the Service, you waive all rights to prior inspection or consent to any marketing or promotional material related to the User Content. You also waive all rights of privacy, publicity or any other similar nature in relation to your User Content or any portion thereof. To the extent that any personality rights are non-transferable, you hereby waive and agree not to assert any personality rights, or to support, maintain or permit any action based on the personality rights that you may have in or in connection with User Content posted to or through the Service.

We also have the right to disclose your identity to any third party who claims that User Content you post or upload to our Services violates their intellectual property rights or privacy rights.

We, or authorized third parties, reserve the right to edit, crop, edit or refuse to publish your content at our sole discretion. If we believe that the content you post does not meet the content standards set out in "Your Access and Use of the Service" above, we have the right to remove, prohibit, block or delete any content you post on our Service. In addition, we have the right (but not the obligation), in our sole discretion, to remove, ban, block or delete any User Content if (i) we believe that such User Content violates these Terms, or (ii) in response to appeals from other users or third parties, with or without notice and without liability to you. Therefore, we recommend that you keep a copy of any User Content you post to the Service on your personal device to ensure that you have permanent access to that copy of the User Content. We do not guarantee the correctness, completeness, appropriateness or quality of any User Content and in no event shall we be liable for any User Content.

You can control whether your User Content is available on the Service to all other users of the Service, or only to those with your consent. To restrict access to your User Content, you should select the privacy settings provided within this platform.

We are not responsible for any content proposed by users and published by us or authorized third parties.

If you would like to appeal information and materials uploaded by other users, please contact us via the following link: https://kuaizi.ai/en/pc/home

Chopsticks will take reasonable steps to promptly remove any infringing material we find from our Services. In appropriate circumstances, in our judgment, it is Chopsticks' policy to deactivate or terminate the account of a service user who repeatedly infringes the copyright or intellectual property rights of others.

While our employees are constantly working to develop and evaluate our product ideas and features, we pride ourselves on paying close attention to the interest, feedback, comments and suggestions we receive from our user community . If you choose to contribute any ideas by sending us or our employees about products, services, features, modifications, enhancements, content, enhancements, technologies, content offered (such as sound, visual, game or other types of content), promotions, strategies, or product/feature names, or any related documents, artwork, computer coding, graphics or other material (collectively, "Feedback"), the following terms will apply regardless of the content you have attached to avoid future misunderstandings. Therefore, by sending us feedback, you agree to:

i. Chopsticks is under no obligation to review, consider or implement your feedback, nor is it obliged to return all or part of the feedback for any reason;

ii. Feedback is provided on a non-confidential basis and we are under no obligation to keep any feedback you send confidential or to avoid use or disclosure in any way;

iii. You irrevocably grant us a perpetual and unrestricted license to reproduce, distribute, create derivative works, modify, publicly perform (including on a direct-to-audience basis), communicate to the public, make available, publicly display and otherwise use and exploit Feedback and its derivative works for any purpose without restriction, free of charge and of any kind, including through the production, use, sale, offer for sale, import and promotion of commercial products and services that contain or incorporate Feedback, whether in whole or in part, and whether originally provided or modified Feedback.

You agree to defend, indemnify and hold harmless Chopsticks, its parent, subsidiaries, affiliates and their respective managers, directors, employees, agents and advisors from claims, liabilities, costs and expenses, including but not limited to attorneys' fees, arising out of any breach of these Terms by you or any user of your account, or your breach of obligations, representations and warranties hereunder.

These Terms do not affect any statutory rights that may not be changed or waived by agreement and that consumers often have at law.

This service is provided "as is" and we do not provide you with any warranties or representations about this service, in particular, we do not make any representations or guarantees about the following matters:

* The use of this service will meet your requirements;

* Use of the Service is uninterrupted, timely, secure or error-free;

* Any information you obtain as a result of using the Service is correct or reliable;

* Defects in the operation or functionality of any software provided to you as part of the Service will be corrected.

Except as expressly agreed in these Terms, no conditions, warranties or other terms (including any implied terms for quality satisfaction, fitness for purpose or conformity with description) apply to the Service. We may change, suspend, withdraw or restrict all or any part of our Platform at any time for commercial or operational reasons without notice.

Nothing in these Terms shall exclude or limit our liability under applicable law for damages, including death or bodily injury, resulting from the negligence of us or our employees, agents or distributors , and for fraud or misrepresentation.

Except for the provisions of the preceding paragraph, we are not responsible for the following:

(I) any loss of benefit (whether directly or indirectly); (II) any impairment of goodwill; (III) any loss of opportunity; (IV) any loss of information suffered by you; or (V) any indirect or incidental loss you may suffer. Any other loss is capped at the amount you paid Chopsticks in the past 12 months.

Any loss or damage you may suffer as a result of:

* your reliance on the completeness, correctness or existence of any advertisement, or based on any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Service;

* any changes we make to the Service, or permanently or temporarily discontinue the provision of the Service (or any feature in the Service);

* Any deletion, damage or failure to store any content and other communication data used or maintained or transmitted through the Service;

* You have failed to provide us with correct account information;

* You failed to keep your password or account information secure and confidential.

Please note that we provide our Platform for home and private use only. You agree not to use our Platform for any commercial or business purpose and we shall not be liable to you for any lost profits, loss of business, impairment of goodwill or reputation, business interruption or loss of business opportunity.

If the digital content we provide is defective, damages your device or digital content, and is caused by our failure to use reasonable care and skill, we will repair the damage or pay you compensation. However, we will not be liable for damages that could have been avoided if you applied the updates provided to you free of charge as recommended by us, or because you did not properly follow the installation instructions or did not meet the minimum system requirements we recommend.

The above limitations of our liability apply to you regardless of whether we have been advised, or should have known, of any possibility of such damages.

You are solely responsible for the telecommunication charges, including messaging and data transmission charges, incurred by your use of our services. If you are not aware of these charges, you should ask your telecommunication service provider before using the service .

To the fullest extent permitted by law, any dispute with a third party arising out of your use of the Service, including but not limited to, for example, any telecommunications company, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from claims, demands and damages (actual and consequential) of all types and nature, known and unknown, arising out of or in connection with such disputes.

These Terms and their normative matters and forms are governed by Chinese law.

The Platform contains specific open source software, each of which is governed by its own license terms, which can be found in the Open Source Policy.

These Terms (including the following supplementary terms) are the complete legal agreement between you and Chopsticks, regulating your use of the Service and completely superseding any previous agreement between you and Chopsticks regarding the Service.

You may link to our home page, provided that you do so in a fair and lawful manner that does not damage or take advantage of our reputation. You may not create a link that implies any form of association with us, our consent or endorsement, without actually existing. You may not link to our services on any website that is not yours. The website you link to must comply in all respects with the content standards set out in "Your Access and Use of the Service" above. We reserve the right to withdraw permission to link without notice.

The Service is only available to persons over the age of 13. By using the Service, you confirm that you are over the relevant age specified in these Terms. If we become aware of a person under the above relevant age using the Service, we will terminate the user's account.

Our failure to uphold or exercise any provision of these Terms shall not be construed as a waiver of that provision or right.

The Company does not guarantee that the Service is secure and free of errors or viruses. You should configure your own information system technology, computer programs and platform when using the Service, and should use your own antivirus software.

If any provision of these Terms is held invalid by any court having jurisdiction over this matter, that provision shall be deleted from these Terms and shall not affect the validity of the remaining provisions of these Terms, which shall continue to be valid and enforceable.

If you have any questions , please contact us via the following links: https://kuaizi.ai/en/pc/home