This agreement applies to the user (hereinafter referred to as "You") and
SMARTSHARE CO., LIMITED(hereinafter referred to as "SMARTSHARE" or "We"), and aims to clarify the rights
and obligations when you access or use our products/services. It is legally binding for both
parties.
This agreement complements the "Privacy Policy." Please read and understand both this agreement and the
"Privacy Policy" carefully before using our products/services. You should pay special attention to the
following sections of the Terms of Service:
"Your Access to and Use of Our Services" (Section
4),
"Intellectual Property Rights" (Section 5), "Software Updates" (Section 8), "No Warranty for
Licensed Products" (Section 9), and "Limitation of Liability" (Section 10).
The service descriptions, pricing details, and order pages that you confirm and agree to on the
relevant
pages of our products are an integral part of these Terms and have equal legal effect. In the event
of
any inconsistencies between the aforementioned provisions and these Terms, the service descriptions,
pricing details, and order pages on the relevant pages shall prevail.
1. Accepting the Terms
Your access to or use of our website/products/services (hereinafter referred to as "Access or Use," which
includes but is not limited to actions such as downloading, installing, launching, browsing,
registering, logging in, etc.) will be considered as full acceptance of these Terms and the "Privacy
Policy." If you do not agree to any part of these, please do not access or use our products/services,
and immediately uninstall and delete any copies of our products you may have.
If you are under 18 years of age, you must use the services with the consent of your parents or legal
guardians and ensure that they have read and discussed these Terms with you.
The information provided on the Products is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Products from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
2.Changes to the Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use ，We
will make commercially reasonable efforts to disclose any material changes to these terms on this
website or notify you of such changes through back-end prompts. However, you should also regularly
review the terms to check for such changes. We will also update the "Last Updated" date at the top of
these terms, which reflects the effective date of these terms.
If you do not agree with the changes that have come into effect, you should cease accessing or using
our products from the effective date of the changes. The changes will not apply to you. If you
continue to access or use our products after the changes have become effective, it will be deemed
that you understand and accept the amended terms.
3. App Access and User Responsibilities
To access and use this App, you must log in using your existing Google ID, Apple ID, or other third-party
accounts. You do not need to create a separate username/password account within this App, but you shall
be solely responsible for all activities conducted through this App.
You agree not to engage in any of the following:Illegal, fraudulent, defamatory, insulting, hateful,
violent, harassing, discriminatory, racist, or rights-infringing activities (including intellectual
property, privacy, or portrait rights) within the App;Impersonating any individual or entity (including
false representation of identity or affiliations) within the App;Permitting others to access this App
through your third-party account;Selling, renting, lending, sharing, or otherwise trading your
third-party account access privileges to this App.
The App relies on Google/Apple’s security authentication mechanisms;You are solely responsible for
securing your third-party accounts (e.g., password protection, enabling two-factor
authentication);Immediately notify our support team at [email protected] if unauthorized
access to your third-party account affects App usage.
If we reasonably determine that you have:(a) Violated these terms;(b) Infringed third-party rights;(c)
Breached applicable laws; or(d) Allowed unauthorized use of your third-party account,we reserve the
right to take actions including but not limited to:Suspending/terminating App access;Removing
content;Unlinking your third-party account from the App.
You may cease using the App at any time.To request deletion of personal data and usage records
associated with your third-party account,contact [email protected] action only removes
App-stored data and does not affect your Google/Apple accounts.
4. Your Access to and Use of Our Services
Users have the right to access or use our products for non-commercial purposes. We hereby grant you
a personal, non-transferable, non-sublicensable, non-exclusive, revocable, general-use license.
When accessing or using our products, you must comply with the law and these Terms. During your use, you
are prohibited from engaging in the following activities, including but not limited to: Copying,
modifying, or creating derivative products (including plugins, unauthorized third-party programs, etc.)
without the authorization of the Company; Selling, renting, lending, publishing, or transmitting the
software to others in any form; Decompiling, reverse engineering, or exporting the source code of the
software without authorization; Developing new products based on our company's products; Providing data
processing services, application services, or commercial sharing of products to third parties without
authorization; Infringing upon the rights of the Company or the interests of others during the use of
the Company's software, in any form or manner without authorization; Engaging in illegal activities or
behaviors that violate social order and good customs using our products or services; Infringing upon the
legitimate rights and interests of others, such as privacy rights, reputation rights, image rights,
intellectual property rights, etc; Engaging in any other unauthorized activities without the
authorization of the Company.
When using features related to music editing or synthesis, you must specifically comply with the
following: Do not synthesize illegal content; do not use synthesized content for illegal or infringing
purposes; do not misrepresent synthetic content as natural content; materials used for synthesis
(particularly audio or video containing human voices) must be lawful and compliant. In principle,
editing or synthesizing others' voices is not permitted. If you use another person's voice, you must
obtain their explicit consent; please exercise caution when sharing content you create that includes
voices to protect the relevant voice information within the content. We will label content involving
voice synthesis (including synthetic content you create), and you must not prevent, remove, destroy, or
request the removal of such labels in any way.
Violations of system or network security may result in civil or criminal liability. We may investigate
and cooperate with law enforcement agencies to prosecute users who violate this agreement. We may
suspend or terminate your access to this service at any time, with or without reason, and without prior
notice.
5. Intellectual Property Rights
All content contained in our products (including but not limited to trademarks, patents, textual
expressions and combinations, images, logos, videos, audios, layout designs, page frameworks, programs,
etc.) that are protected by copyright law and other intellectual property laws and treaties are owned by
us or licensed to us. You are not permitted to remove our copyright notices or other rights statements
from our products. By accessing or using our products, you are only granted a separate license for use,
and under no circumstances should your software license be construed as a transfer or sharing of any
part or all of our intellectual property rights to you.
Without our written permission, no one, whether for commercial or non-commercial purposes, may copy,
distribute, or publish any intellectual property information that belongs to us in any form. We reserve
the right to pursue legal liability against infringers.
We assure you that you will not infringe upon any third party intellectual property rights while using
our products. If your actions infringe upon the intellectual property rights of any third party, you
will be solely responsible for any liability arising from such infringement.
6.Fees and Payment
1) Paid Services
Our products or services may include paid features. For any content that requires payment, we will
provide clear notices within the app or on relevant pages. If the service you use requires a fee, you
have the right to decide whether to accept the paid service. If you decline to pay, you will no longer
be able to use the related service once the payment is required.
2) Fees, Taxes, and Third-Party Charges
By purchasing any paid service, you agree to pay the applicable service fees (exclusive of taxes) and to
be solely responsible for any and all applicable taxes, levies, duties (collectively, “Taxes”), as well
as any third-party charges that may arise, including but not limited to communication fees, data
charges, credit card processing fees, currency conversion fees, and cross-border transaction fees.
Tax rates will be determined based on the applicable tax laws in your jurisdiction at the time of each
payment and may automatically adjust in accordance with any changes to your account information (such as
your billing location). You are responsible for ensuring that all account information you provide,
particularly information relevant to taxation, is complete and accurate to avoid billing errors.
We are not liable for any fees or charges incurred through your use of third-party services, including
but not limited to those imposed by your financial institution or internet service provider. If you have
questions regarding such charges, you should contact the relevant third-party service provider
directly.
If you fail to pay any due amount, we reserve the right to pursue collection, and you shall bear all
reasonable collection costs arising therefrom.
3) Payment Methods and Third-Party Payment Platforms
Your payment may be processed through our partnered app stores (such as the App Store or Google Play),
third-party payment platforms, or payment tools. Before making a payment, please carefully read and
understand the rules of the respective payment channels, and ensure you complete the payment only after
fully agreeing to their terms.
Special note on app stores: If you make a payment via the App Store or Google Play, the rules
regarding
auto-renewal, refunds, and subscription management will be governed by their respective store policies.
Please familiarize yourself with and accept these policies before payment. We are not responsible for
the policies or operations of these app stores.
4) Billing Cycles and Virtual Currency / Points
Subscription billing: If the service is billed on a subscription basis, you will be charged periodically
according to the billing cycle you select (e.g., weekly, monthly, or annually).
Usage-based billing: If the service is billed based on usage, we will clearly inform you of the relevant
fees before charging.
Virtual currency/points: Some services may offer the option to purchase virtual currency or points. The
use of such assets is subject to their own rules and terms, which may differ. Please refer to the
specific terms applicable to each.
5) Price Adjustments
We may periodically adjust the pricing for paid subscriptions, including recurring subscription fees or
prepaid cycle fees (for billing periods not yet paid). We will notify you of such adjustments in advance
before they take effect. Adjusted prices will apply starting from the next billing cycle after the
notice. If you continue to use the relevant service after the new pricing takes effect, it will be
deemed that you accept the new pricing. If you do not agree, you have the right to cancel your
subscription before the adjustment takes effect.
6) Subscription Cancellation and Refunds
Both you and we may cancel or terminate a subscription at any time. Any cancellation will take effect
from the next billing cycle, meaning it only applies to future payments. Payments already made are
generally non-refundable unless required by mandatory law or explicitly stated otherwise by us.
Refunds for subscriptions made through the App Store or Google Play must follow the respective
platform’s policies and procedures. Please contact the relevant platform directly to request a
refund.
7) Auto-Renewal
To prevent service interruptions caused by missed renewals, we offer an auto-renewal service for
continuous monthly, quarterly, or annual subscriptions. You can manage (enable or disable) the
auto-renewal feature at any time in your account settings. If you subscribed via the App Store or Google
Play, you must manage auto-renewal through the corresponding store account settings, and the management
rules and processes are subject to the store’s policies.
8) Free Trial
We may offer free use or free trial options for certain services. Whether a free trial is available, its
scope, and duration will be subject to the announcements or notices on our website or within the
product.
Unless otherwise stated, free trials are only available to new users and may not apply to all services,
regions, countries, or currencies.
At the end of the free trial period, the system will attempt to automatically charge the standard fee
for the service using the payment method you provided when registering for the trial (if through the App
Store or Google Play, the charge will be processed by their system). To enable potential auto-renewal,
you are required to provide valid payment information (or authorize the app store to access your payment
information) when registering for the free trial.
Please note that free trials provided through app stores may also be subject to the respective store’s
rules.
7.User Information Protection Policy
Protecting user personal information is one of our fundamental principles. We will take reasonable measures to safeguard user personal information. Unless otherwise required by law, we will not disclose or provide your personal information to third parties without your permission. For more information and details regarding user personal information and privacy protection, we will adhere to the published Privacy Policy to ensure proper protection and regulation. Please refer to our "Privacy Policy" for more information.
8. SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge
during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get
Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates.
"Update" means a new version of the Licensed Software containing technical modifications, updated
information, altered functionality, or any other changes that are intended by Licensor to improve or to
add, delete or otherwise modify any aspect of the Licensed Software. "Content Update" shall mean an
update of the content used by the Licensed Software that might need to be updated from time to time. If
the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the
previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis
such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all
of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may
continue to use the previous version only to assist in transitioning to the Updated version. Once an
Update has been released, the Licensor may cease service or support for prior versions, without any
notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or
on the Licensor websites.The Licensed Software may require Content Updates in order to work effectively.
The Licensor may add new functions, music track, elements, pictures, videos, or delete original
functions, music track, elements, pictures, and videos in the Update Software or Upgrade
Software.
The services and contents under this Software provided by SMARTSHARE may include services or contents
that SMARTSHARE has obtained authorization from the rightful owners or third-party licensors. Therefore,
pursuant to the authorization granted to SMARTSHARE by the aforementioned rights holders, SMARTSHARE may
impose restrictions or limitations on the specific term, content, geographical scope, and terminal
devices for your use of the services or contents. This may result in your temporary or permanent
inability to access the relevant services or contents in certain regions, times, or on specific devices,
or the inability to access all or partial of the services or contents. Notwithstanding any provisions
between you and SMARTSHARE, SMARTSHARE shall not be held responsible or liable for any losses or damages
incurred by you due to the aforementioned reasons or any other third-party licensors.
Due to the unique nature of internet services, legal and regulatory requirements, or changes in
authorization, SMARTSHARE may, in its sole discretion, at any time and from time to time, in whole or in
part, dynamically modify, update, change, interrupt, suspend, discontinue, or terminate the products,
videos, audios, images, and other services or contents provided by SMARTSHARE ("Product Content") in
accordance with changes or modifications in laws and regulations, requirements of rights holders or
third-party licensors, authority requirements/decisions, or other third-party complaints. This includes
but is not limited to, SMARTSHARE's right to temporarily or permanently remove or update all or part of
the Product Content with or without notice in advance. Notwithstanding any provisions between you and
SMARTSHARE, SMARTSHARE shall not be required to obtain your prior consent or be held responsible or
liable for any loss or damages incurred by you due to your inability to access the relevant Product
Content, whether due to the aforementioned reasons or any other reasons.
9.No Warranty for Licensed Products
You acknowledge and agree to the following:
1) While we strive to provide accurate materials and information in all our products, we cannot
guarantee their completeness, effectiveness, or reliability.
We are not responsible for any damages caused by your failure to use our products
correctly;
2) We do not guarantee that our products will fully meet your usage requirements or meet your
expectations;
3) We do not guarantee that our products will be uninterrupted, timely, secure, reliable, or free
from errors;
4) We do not guarantee that any errors in our products will be corrected;
5）THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS,
AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE
LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT
LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY
QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT
BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
6）SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO AS “RESTRICTED FUNCTIONS”) ARE ONLY
SUPPORTED BY USING THE THIRD PARTY PLUG-INS WHICH HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT
IS YOU, NOT LICENSOR, WHO ARE USING THE THIRD PARTY PLUG-INS. YOU SHALL NOT USE THE RESTRICTED FUNCTIONS
OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER AUTHORITY TO USE THE THIRD PARTY PLUG-INS.
FURTHERMORE, ALL THE RESPONSIBILITIES OF USING SUCH THIRD PARTY PLUG-INS WILL BE SOLELY BORNE BY
YOU.
7）THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT,
GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA
LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC
DOMAIN LICENSES, OR SIMILAR LICENSE). WE MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS
CONTAINED IN THE SOFTWARE. THESE TERMS OF SERVICE ON RESTRISTION OF LIABILITY SHALL APPLY.
10. LIMITATION OF LIABILITY
1) You understand and agree that when using or accessing our products, you may encounter factors beyond
our control, such as force majeure events (force majeure refers to unforeseeable, unavoidable, and
insurmountable events), including but not limited to government actions, natural disasters (such as
floods, earthquakes, typhoons, etc.), network issues, hacker attacks, war, strikes, riots, etc. In the
event of force majeure, we will make efforts to repair any issues in a timely manner, but we are not
liable for any suspension, interruption, termination of services, or any losses incurred due to
force majeure within the limits permitted by law and regulations;
2) We reserve the right, as stipulated in these Terms, to handle illegal or non-compliant content, but
this right does not constitute an obligation or commitment on our part. We cannot guarantee the timely
discovery of illegal activities or take corresponding actions;
3) Please note that we tend to offer our platform for family and private use. You agree not to use our
platform for any commercial or business purposes, and we are not liable for any loss of profits,
business losses, reputation losses, or loss of business opportunities incurred by you;
4) We may change, suspend, revoke, or restrict the availability of our products or any part thereof at
any time for business and operational reasons;
5) In no event shall our company, shareholders, employees, agents, or affiliates be liable for any
indirect, punitive, or incidental losses, including but not limited to (i) loss arising from
your inability to access or use our products; (ii) loss caused by the actions or content of any third
party; (iii) loss resulting from the use of all or part of the content obtained or generated from our
products.
6) Unless otherwise mandated by applicable laws and regulations, our total liability to you, for any
reason whatsoever, shall not exceed the fees paid by you to us during your use of our products, if
any.
7) These limitations apply to our liability, regardless of whether we have been informed or should have
been aware of the possibility of such losses.
8) You are solely responsible for any mobile expenses incurred while accessing or using our products,
including but not limited to SMS and data charges. If you are unsure about these charges, you should
inquire with your service provider before using the service.
9) YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF
SMARTSHARE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMARTSHARE OR AN AUTHORIZED
REPRESENTATIVE SHALL CREAT WARRANTY.
10) SMARTSHARE DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR
INFRINGE ANY PARTY'S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL
ACTIVITY OR INFRINGE OTHER'S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU
DISAGREE WITH THIS ITEM, PLEASE DON'T INSTALL AND/OR USE THE SOFTWARE.
11）If you seriously violate any obligations stipulated in these terms and fail to remedy or are unable
to remedy the situation within fifteen (15) calendar days after receiving our notice, SMARTSHARE
reserves the right to immediately terminate the provision of products or services, deactivate accounts,
and take other actions. The termination of services will not affect any rights, obligations, or
responsibilities that have arisen prior to the termination or that continue to be effective after the
termination.
11. INDEMNIFICATION
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
12. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
13.Applicable Law and Jurisdiction
The formation, effectiveness, interpretation, amendment, supplementation, termination, enforcement,
and resolution of disputes regarding these Terms shall be governed by the laws of the Hong Kong
Special Administrative Region of the People's Republic of China. In the absence of relevant legal
provisions, commercial customs or industry practices shall be referred to. Any disputes related to
your access or use of our products and involving our company should be resolved through negotiation
between the parties.
Any disputes, disagreements, differences, or claims arising out of or in connection with this
Agreement, including the existence, validity, interpretation, performance, breach, or termination of
the Agreement, or any non-contractual disputes arising out of or in connection with this Agreement,
shall be submitted to arbitration administered by the Hong Kong International Arbitration Centre
(HKIAC) in accordance with the HKIAC Administered Arbitration Rules in effect at the time of the
submission of the arbitration notice, and shall be finally resolved accordingly.
Class Action Waiver: Legal disputes arising from these Terms may only be raised on an individual
basis, and you agree not to bring or participate in any class action lawsuits related to disputes
with us.
If any provision of these Terms is deemed invalid, unenforceable, or non-binding, it shall not affect
the validity and enforceability of the remaining provisions. If any provision of these Terms is deemed
invalid or unenforceable in accordance with Chinese laws and regulations, such provision shall be
modified to the minimum extent necessary to make it valid and enforceable. If it is not possible to
restore the effectiveness of such provision through modification, it shall be deemed as
omitted.
Our failure or delay in exercising any right under these Terms shall not be deemed as a waiver of
that right, and we reserve the right to exercise such right at any time.
Even after the termination of these Terms, we may still hold you liable for your past actions in
accordance with these Terms.
14. Supplementary Provisions
When accessing or using our products, any other relevant agreements besides these Terms, together with
these Terms, constitute the overall agreement governing your use of this website and related
services, and have equal legal effect.
Without our written consent, you may not transfer any rights or obligations obtained through these Terms
in any manner. To the extent permitted by law, we may transfer our rights and obligations without your
consent.
You agree that we may provide various notices to you through announcements on our website or partner
websites, email, SMS, or notifications within the product. Notices made by publication on the
website are deemed delivered upon publication. Notices sent by email or SMS are deemed delivered
upon sending. Notices made through in-product notifications are deemed delivered when you continue
to use the product after the update. Notices may have significant implications for your rights and
obligations, so please pay attention to them in a timely manner. We are not responsible if you do
not receive such notices on the same day they are issued due to changes in your contact information
or failure to check them promptly.
All provisions related to confidentiality, proprietary rights, indemnification, and limitation of
liability shall remain valid even after the termination of these Terms.
The titles of the provisions in these Terms are for the convenience of reading and do not have any
substantive meaning. They cannot be used as a basis for interpreting the meaning of these Terms. We
reserve the ultimate right to interpret these Terms.
You can contact us through the following methods:
1) Send an email to [email protected].
Appendix: SMARTSHARE Generative Artificial Intelligence Supplemental Terms
In consideration of the integration of generative artificial intelligence technologies (hereinafter
referred to as “Generative AI Functions”), whether self-developed or licensed from third parties, into
our products, you (hereinafter referred to as “You” or “User”) agree to the following supplemental terms
when using services involving such functionalities:
1. Definitions and Scope of Application
1.1 Generative AI Functions: Functional modules within SMARTSHARE products that autonomously or
semi-autonomously generate content such as text, images, audio/video, or code based on machine learning,
deep learning, or other AI technologies.
1.2 Input Content: Data uploaded by You into the Generative AI Functions, including but not
limited to
text, images, audio/video, and parameter instructions.
1.3 Output Content: Content generated by the Generative AI Functions based on Input Content
(hereinafter
referred to as “Generated Content”).
1.4 These terms constitute an integral part of the SMARTSHARE Terms & Conditions (the “Main
Agreement”).
In the event of any conflict between these terms and the Main Agreement, these terms shall
prevail.
2. Service Availability
2.1 Due to technical limitations and compliance with legal requirements, the Generative AI Functions may
not be available in specific jurisdictions (e.g., regions subject to U.S. export control or countries on
the UN sanctions list). It is your responsibility to ensure the legality of access in your location.
SMARTSHARE reserves the right to adjust the geographic availability of services at any time and bears no
liability for any loss resulting from regional restrictions.
2.2 The Generative AI Functions may be suspended or discontinued due to technical upgrades, licensing
changes, or legal requirements. You agree that SMARTSHARE may impose restrictions (including but not
limited to content filtering, feature disabling, or service takedowns) without prior notice. SMARTSHARE
reserves the right to restrict, disable, suspend, or terminate your access to the Generative AI
Functions at its sole discretion and without notice.
3. Content Generation and Ownership
3.1 Responsibility for Input Content
You represent and warrant that your Input Content:
· Does not violate applicable laws or the Main Agreement;
· Does not include trademarks or other materials protected by third-party
intellectual property rights unless you have sufficient rights to use such materials;
· Does not violate public order or morality;
· Does not include personal data unless you comply with all applicable data
protection and privacy laws, including providing proper disclosures and obtaining necessary
consent;
· Is not intended to generate Output Content that is substantially similar to or
infringes upon third-party works unless you have lawful authorization.
If we determine that your Input Content infringes on third-party rights,
violates applicable laws, or
breaches our terms, we reserve the right to block it at our sole discretion.
3.2 Ownership of Generated Content
When you use the Generative AI Functions, the intellectual property rights in the Generated Content
shall be subject to the following layered rules:
(i) If your Input Content is entirely original or fully licensed to you, and does not include any
built-in materials, templates, or third-party copyrighted elements from SMARTSHARE, then the
intellectual property rights in the Generated Content will be automatically assigned to you upon
delivery. You may use the Generated Content for purposes such as reproduction, distribution, or
adaptation.
(ii) If the Generated Content includes elements from SMARTSHARE’s asset libraries (e.g., stickers,
fonts, sound effects), templates, or design frameworks, you are granted a license for non-commercial use
only (e.g., personal creation, non-profit display). For commercial use, unless explicitly authorized,
you must purchase a separate enterprise license and comply with commercial use terms.
(iii) If your Input Content includes copyrighted third-party works (e.g., film clips, music, celebrity
likeness, trademarks), you must obtain prior written authorization from the rights holders and retain
proof. You are solely responsible for the legality of the Generated Content.
(iv) If the Generated Content is generated using third-party AI models (e.g., Stable Diffusion, DALL·E),
you must also comply with those third-party service terms. Any disputes arising from such technologies
shall be resolved between you and the third party. SMARTSHARE shall bear no joint liability.
3.3 Exceptions to Intellectual Property
Due to local legal limitations (e.g., the U.S. Copyright Office’s current position), AI-generated
content may not be eligible for copyright protection or exclusivity. You acknowledge and accept this
limitation. If you are unsure whether your intended use is appropriate, SMARTSHARE strongly recommends
seeking competent legal counsel.
Due to the probabilistic nature of generative algorithms, different users may receive identical or
similar Output Content. You understand and agree that such content may not be exclusive or protected by
intellectual property laws. SMARTSHARE bears no liability in this regard.
3.4 Watermarks and Authenticity Labels
Generated Content may include invisible digital watermarks, metadata, or visible indicators (such as
"AI-Generated" labels). You must not remove, alter, or circumvent these technological measures. If you
publicly distribute Generated Content (e.g., via social media or advertisements), you are required to
clearly disclose its AI-generated nature.
4. Prohibited Uses
You agree to comply with the following usage restrictions. Your use of our services constitutes your
acceptance of these policies. Repeated or severe violations may result in suspension or termination of
your account. You may not use Generative AI Functions for any of the following (including both direct
and indirect use through Input or Output Content):
(i)Illegal activities;(ii) Creation of child sexual abuse material or exploitation/harm of minors;(iii)
Promotion of hate, harassment, or violence;(iv) Creation of malware;(v) Engagement in high-risk physical
harm activities, including but not limited to weapons development, military operations, or warfare;(vi)
High financial risk activities, such as multi-level marketing, gambling, or payday lending;(vii) Fraud
or deception, including but not limited to scams, impersonation, plagiarism, academic dishonesty, or
misleading claims;(viii) Adult content or the adult industry, including pornographic chats or
material;(ix) Political campaigning or lobbying;(x) Infringement of privacy, including tracking or
surveillance without consent, or unauthorized facial recognition;(xi) Unauthorized legal practice or
unverified personalized legal advice;(xii) Unqualified financial advice;(xiii) Medical diagnosis or
treatment guidance;(xiv) High-risk government decision-making, including law enforcement, criminal
justice, immigration, or asylum.
5. User Responsibilities
5.1 You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to
use Generative AI Functions. Minors must use the services under guardian supervision.
5.2 You are solely responsible for the consequences of using the Generated Content. SMARTSHARE reserves
the right—but not the obligation—to review content legality. If your violation causes third-party
claims, you shall fully indemnify SMARTSHARE and its affiliates.
5.3 You must ensure your Input Content originates from lawful and legitimate sources and does not
infringe any third-party rights. You are solely responsible for resolving any resulting legal
disputes.
5.4 You are fully responsible for the creation and use of Output Content and for ensuring its compliance
with these terms. SMARTSHARE may, prior to content submission or delivery, use available technologies
(e.g., hash matching, keyword filtering) to detect and block violations. Such actions do not constitute
a breach of the agreement.
5.5 SMARTSHARE provides no express or implied warranties regarding the Output Content, including
non-infringement or legal compliance. You must not remove or alter any watermarks or authenticity
indicators or mislead others about the origin of the Output.
6. Disclaimer
6.1 Artificial intelligence and machine learning are rapidly evolving fields. While we strive to improve
our Generative AI’s reliability, accuracy, safety, and usefulness, the probabilistic nature of AI may
result in incorrect Output that does not reflect real persons, places, or facts. You are responsible for
verifying accuracy and may need to conduct human review. We are not liable for any losses or negative
outcomes caused by reliance on the Generated Content.
6.2 AI-generated Output may contain factual errors, bias, or inaccuracies (e.g., historical
inaccuracies, fictional citations). You should conduct manual review in critical contexts. SMARTSHARE
does not guarantee the ethical or reputational integrity of the Output and disclaims responsibility for
any resulting harm.