Effective date: 01/17/2022
The “PicAI App Software License and Service Agreement” (hereinafter referred to as “this Agreement”) is an agreement between you and the operator of PicAI App on the use of PicAI App products and services. Before you start to use the products and services of PicAI App, please be sure to carefully read this Agreement and the Privacy Policy of PicAI App published by the operator of PicAI App, and fully understand the content of the terms and conditions, especially the terms and conditions related to the limitation or exclusion of liability. The limitation and exclusion of liability clauses will be bolded to draw your attention, so please make sure to read them.
You confirm that you should have the civil capacity to ensure that you have the ability to take independent responsibility for all acts of using the products and services of PicAI App as stipulated by law. PicAI App hereby especially reminds you that any minor under the age of eighteen should not use the network services provided by PicAI App software.
If you disagree with any of the terms of this agreement, or cannot accurately understand any of the terms of this agreement, please do not access and/or use the Birthright App application and its related services. Your downloading, installation, obtaining an account of Birthright App and other acts of using Birthright App products and services will be deemed that you have fully understood and agreed to sign this Agreement and committed to accept the binding of this Agreement as a party to the Agreement.
If you have any questions, you can contact us through the way publicized in this privacy policy (you can send the relevant content to: cheng@orangelovely.com) or other contact/feedback channels provided within the Birthright App, and we will answer you as soon as possible.
- Scope of Agreement
1.1 This agreement stipulates the rights and obligations between Ningbo Yifu Technology Co., Ltd. and you in relation to the use of the products and services of Birthright App.
Ltd. (registered address: Wangjiaqiao Village, Dongqiao Town, Haishu District, Ningbo City, Zhejiang Province, contact address: 28th Floor, Building 1, Yongjiang Talent Innovation Center, No. 2632 Zhongshan East Road, Yinzhou District, Ningbo City, Zhejiang Province), but with respect to this agreement and certain service items that may be involved in the future of PicAI App products, the affiliated enterprises of PicAI App operator may also provide products and services to you. In this agreement, the affiliated enterprises of the operator of the App may provide products and services to you and have rights and obligations with you. In this Agreement, an affiliate is any enterprise that controls a party, or is controlled by a party, or is jointly controlled by the same entity with a party. Control means direct or indirect ownership of more than fifty percent (50%) of the equity, voting or management rights of the business.
1.3 User: also known as “you”, refers to any person, not limited to natural persons or institutions, who acquires and uses the products of Birthright App in a legal manner.
1.4 Birth App product: also known as Birth App or Birth App software, refers to the mobile client application marked as Birth App and its corresponding mobile website (domain name: orangelovely.com) legally owned and operated by the operator of Birth App. The client application is provided in the form of software, including but not limited to iOS, Android and other versions, and you must choose the software version that matches the installed terminal device.
1.5 Birthright App Service: refers to the operation services related to Birthright App products provided to you by Birthright App operator.
1.6 The content of this agreement also includes the business rules, related agreements and their revised versions that may be continuously released by the operator and its affiliates regarding the products and services of PicAI App. If the relevant content adjustment has a significant impact on your rights and interests or involves changes to your rights and interests, we will inform you and provide you with the service with your consent.
1.7 The operator of BioStar App has the right to entrust the service or the rights and obligations under this Agreement to its affiliates or other third-party companies for operation, management and performance, and the operator of BioStar App does not need to obtain separate authorization from you (if it involves significant changes or derogations to your rights and interests, the operator of BioStar App will separately seek your consent). At that time, the operator of the Birthright App will make every effort to avoid the inconvenience caused by the aforementioned commission or change to the services related to the Birthright App products. At the same time, the operator of the App promises to take strict measures to protect the security of your data in the App in accordance with the laws and regulations.
- Products and Services
2.1 Please pay attention to identify the source of the installation program, you should download the PicAI App products from legal channels to your legally owned terminal devices. At the same time, we remind you that
2.1.1 The operator of PicAI App gives you a personal, non-transferable and non-exclusive license to use PicAI App products and services, you can install and use PicAI App products on the terminal devices for non-commercial purposes, and the operator of PicAI App also reserves the right to withdraw the license under any necessary circumstances. However, unless specifically authorized, you shall not and shall not adapt, copy or trade the products of Birthright App in any form.
2.1.2 If you obtain the Birthright App product or the installation program with the same name as the Birthright App product from a third party not authorized by the Birthright App operator, the Birthright App operator cannot guarantee that the product can be used normally, and the Birthright App operator shall not be responsible for any loss caused as a result.
2.2 Once you open and enter the Birthright App product in your terminal device, you are deemed to use the Birthright App products and services. In order to fully realize the full functions of the products and services of PicAI App, you may need to network your terminal device.
2.3 In order to ensure the security and consistency of the functions of the products and services of PicAI App, the operator of PicAI App has the right to update the software without special notice to you, or change or restrict some of the functional effects of the software.
2.4 After the release of the new version of the software, the old version of the software may not be used. The operator of Biostar App does not guarantee that the old version of the software will continue to be available, so please check and download the latest version at any time.
2.5 You understand and agree that in order to provide effective services, Biostime App will use the processor and bandwidth of your terminal device and other resources. Data traffic costs may be incurred during the use of Biostime App, and you need to understand the relevant tariff information from the operator and bear the related costs yourself.
2.6 In the process of registering your account or using the service, you need to provide some necessary information, for example, in order to provide you with account registration service or identify you, you need to fill in your cell phone number; part of the positioning function requires your consent to use the geographic location information of your location; the collection of address book matching function requires your authorization to access your cell phone address book, etc. If there are special provisions in national laws and regulations or policies that require you to provide real identity information, if you refuse to provide information or the information you provide is incomplete, you will not be able to use the corresponding functions or be restricted in the process of use.
2.7 The operator of Biostar App will take appropriate security measures and technical means to protect your personal information and other data security. For the storage of personal information and data related to personal information, the operator of Birthright App will strictly follow the implementation method and period stipulated by law, and store personal information of different levels in accordance with their corresponding storage periods.
2.8 When you use the software and services, you shall bear the following risk contents that are beyond the control of the operator of Birthright App, including but not limited to.
2.8.1 The risk of loss and leakage of personal information that may be caused by irresistible factors.
2.8.2 You must choose the software version that matches the installed terminal device; otherwise, any problems or damages caused by the mismatch between the software and the terminal device model shall be borne by you.
2.8.3 the risks that may arise from third party websites and related content when you use the Software to access such websites shall be borne by you
2.8.4 the risks and responsibilities that may arise from the dissemination of content published by you that is forwarded or shared by others, and therefore such dissemination
2.8.5 the risk of login failure, incomplete data synchronization, slow page opening speed, etc. caused by unstable wireless network signal, small wireless network bandwidth, etc.
2.9 You understand and agree that the operator of PicAI App will make commercially reasonable efforts to ensure the safety of your data storage in the Software and Services, however, the operator of PicAI App cannot fully guarantee this, including but not limited to the following circumstances.
2.9.1 The operator of PicAI App is not responsible for the deletion or storage failure of your relevant data in the Software and Services.
2.9.2 PicAI App will store and protect the data generated by you during the use of PicAI App services in accordance with relevant laws and regulations; if you stop using the software and services or the services are terminated or canceled, the operator of PicAI App can permanently delete your data from the server after the expiration of the retention period (if any). After the service is stopped, terminated or cancelled, the operator of Birthright App has no obligation to return the data to you.
2.10 Please note that you should not freely disclose your or others’ various property accounts, bank cards, credit cards, third-party payment accounts and corresponding passwords and other important information when using the products and services of Birthright App, otherwise you will be responsible for any losses brought about by this.
2.11 You understand and agree that the operator of PicAI App has the right to decide to use the software for commercial purposes, including but not limited to developing and using part of the services of the software to provide promotion services for third parties. In the process of promotion, the operator of PicAI App will protect your personal information in strict accordance with the relevant regulations and the specifications issued by PicAI App operation policy for PicAI App. At the same time, you can also choose to block or refuse to receive relevant promotion information according to the system settings.
- Account and your behavior
3.1 Birthright App provides you with a registration channel, and you have the right to choose a legal and compliant character combination as your account identification information, and set your own password that meets the security requirements. The account number and password you set are the credentials you use to log in to PicAI App products and use the products or receive services with your registered identity. The ownership of the account belongs to the operator of Biostime App, and after you complete the registration procedure, you only get the right to use the account, and the right to use only belongs to the initial registrant.
3.2 Please fully understand that you must be responsible for all actions under your registered account, including any content published and any consequences arising therefrom. As a service provider, the operator of PicAI App will fulfill the obligation of review and basic protection in accordance with the relevant regulations, but based on various factors that we cannot predict and control, we especially remind you that in the process of using the products and services of PicAI App, you should make your own judgment on the contents of the products and services of PicAI App and bear all the risks caused by the use of the contents, including those caused by the reliance on the correctness, completeness or usefulness of the contents. The risk arising from the reliance on the correctness, completeness or usefulness of the content. The operator of Birthright App will not be responsible for any loss or damage caused by the aforementioned risks.
3.3 Your registered account in Birthright App is limited to your own use, and it is prohibited to give, borrow, rent or sell, otherwise the operator of Birthright App has the right to suspend or terminate the services provided to the registered account, and has the right to cancel the account, and the resulting losses, including the interruption of your communication, the emptying of your data and information, etc., shall be borne by you.
3.4 You are responsible for keeping the registered account information and account password safe, and you are legally responsible for the actions under the registered account and password, including the modification of your data, comment publication and other operations on the product of Birthright App. If you find that others use your account without permission or any other security vulnerabilities occur under your account, you can immediately notify the operator of Birthright App.
3.5 In addition to registering your own account on the App, you may also choose to use other accounts you legally own to register and log into the App through the account association system of the App (the specific support is subject to the login settings at that time). If you register with the above-mentioned account, the account generated in PicAI App is also applicable to the relevant agreement on the account.
3.6 If you do not use the account for 90 consecutive days after registering for the Birthright App, the operator of the Birthright App has the right to recycle the account to avoid wasting resources.
3.7 You shall comply with the law when using the products and services of Birthright App. You shall not use the products and services of the operator of Birthright App to engage in acts that violate relevant laws, regulations and policies and shall comply with the rules and regulations published or updated within the product of Birthright App. You shall not impersonate others through personal information such as avatar, your name, nickname, URL, self-description, whether or not you publish information. In case of violation, the operator of Birthright App reserves the right to withdraw the relevant account.
3.8 The content you publish in the Birthright App only indicates your personal position and opinion, and does not represent the position or opinion of the operator of the Birthright App. As the publisher of the content, you are responsible for the published content, and the publisher of the content shall bear all legal and joint liability for all disputes arising from the published content.
3.9 You shall not use any plug-ins, “plug-ins” or third-party tools that are not authorized or licensed by the operator of PicAI App to interfere with, damage, modify or otherwise influence the normal operation of PicAI App products and services.
3.10 You shall not use or target PicAI App products to conduct any acts that endanger the security of the computer network, including but not limited to: unauthorized use of relevant data of PicAI App or unauthorized access to relevant servers/accounts of PicAI App; unauthorized attempts to probe, scan, test the weaknesses of the system or network of PicAI App products or implement other acts that undermine network security; attempts to Interfere with and destroy the normal operation of the product system or website of PicAI App, intentionally spread malicious programs or viruses and other acts that destroy and interfere with normal network information services; forge TCP/IP packet names or partial names.
3.11 Without the permission of the operator of PicAI App, you shall not conduct any commercial acts such as publishing advertisements, selling goods and so on in the PicAI App product.
3.12 The operator of Birthright App is committed to creating a civilized, rational, friendly and high-quality platform atmosphere. While the platform service function is developing, we will continuously strengthen the corresponding information security management capability and effectively fulfill our social responsibility. You shall not use the products and services of the operator of the Birthright App to create, copy, publish or disseminate information that violates laws and regulations, policies and public order and morality, social morality or interferes with the normal operation of the Birthright App, infringes on the legitimate rights and interests of you or other users and third parties.
If you violate the above terms, the operator of the birth App will take management measures such as refusal to publish, deletion of comments, short-term ban on speaking until the permanent closure of the account, the content suspected of illegal crimes will be saved in the case, and the relevant situation and data information will be reported to the relevant government departments truthfully.
3.13 The operator of Shengchen App will improve the public reporting platform, and welcome you to supervise and report all kinds of illegal communication activities and illegal and harmful information, so as to jointly create a clear cyberspace.
- Intellectual Property Rights
4.1 The operator of Birthright App is the intellectual property rights owner of Birthright App products. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Birth App, as well as all information content related to the Birth App (including but not limited to text, pictures, video, audio, interface design, copyright framework, etc.) are protected by laws and regulations and the corresponding international treaties, and the operator of the Birth App enjoys the above intellectual property rights (the rights that the relevant right holders should enjoy in accordance with the law) (except for the rights of the relevant right holders in accordance with the law).
4.2 You shall ensure that the text, pictures, audio, video and other information uploaded when using the products and services of Birthright App do not infringe any third party intellectual property rights. Otherwise, the operator of Birthright App has the right to remove the infringing information and is not responsible for it. If the aforementioned third party claims rights, you shall be responsible for it.
4.3 All the contents you upload and publish in the process of using the products and services of Birthright App will not transfer the intellectual property rights, portrait rights and other rights as a result of the uploading and publishing behavior. At the same time, you understand and agree that after you publish and upload the relevant text, pictures, audio, video and other contents in the birth App when using the products and services of birth App, you agree that the content information will be free, non-exclusive, permanent and transferable license to the operator of birth App, and birth App can display, promote and other ways to use the aforementioned contents in accordance with the provisions of the law. For the above content, the operator of Birthright App will only use it within the scope of the law, and will require its partners (if any) to strictly comply with the restrictions of the applicable scope. At the same time, you agree to allow PicAI App to defend the rights of any subject that violates your legitimate rights and interests, including but not limited to sending letters of defense, filing lawsuits, applying for arbitration, etc., the effect of which is applicable to any content protected by laws and regulations that you publish in PicAI App; at the same time, you can authorize third parties to defend your rights and can terminate the authorization of PicAI App at any time.
4.4 The third party intellectual property rights may be involved in the products and services of PicAI App, and if the third party has requirements for you to use the relevant intellectual property rights in the products and services of PicAI App, the operator of PicAI App will inform you of the requirements in an appropriate form, and you shall comply with them.
4.5 Without the consent of the relevant right holder, you shall not reverse engineer, reverse compile, reverse compile, etc. the relevant web pages, applications, software and other products involved in the products and services of PicAI App; nor shall you implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purposes by yourself or license any third party.
4.6 The intellectual property rights of the content contained in the products and services of PicAI App are protected by law, and no one is allowed to use or create related derivative works in any form without the written permission of the operator of PicAI App, you or the relevant right holder.
- Personal information and privacy protection
5.1 Protecting your personal information is a basic principle of the operator of Birthright App. The operator of Birthright App will collect, use, store and share your personal information in accordance with this agreement and the provisions of the Birthright App Privacy Policy published by the operator of Birthright App.
5.2 Maintaining the security and normal use of the software is the joint responsibility of the operator of the PicAI App and you, and the operator of the PicAI App will prudently take necessary measures to protect your device information and data security in accordance with industry standards, but at the same time, you should understand and acknowledge that the operator of the PicAI App cannot provide you with complete assurance in this regard. While we work with you to maintain the security of your personal information, you should also respect the legitimate rights and interests of others and should not infringe on others in any way, such as you should not and shall not create, publish, use or disseminate any malicious programs used to steal other people’s accounts and other people’s personal information and property.
5.3 You understand and agree that, like most Internet software, Birthright App may be affected by various factors, including but not limited to your and/or other users’ reasons, network service quality, social environment, etc.; it may also be intruded by others’ illegal use of information materials and other security issues; other software you download and install or other websites you visit may contain viruses, Trojan horses or other malicious programs that Threaten your terminal device information and data security, etc. Therefore, you should strengthen the awareness of information security and personal information protection, pay attention to identify the source of information, pay attention to the protection of personal information and account password, in order to avoid losses. We would like to remind you that under no circumstances should you rely on loans, requests for passwords or any other online information involving property and personal identification information. If it involves personal information and property operation, please verify the identity of the other party first. Birthright App does not and cannot verify the subject who asks for your information and will not be responsible for the resulting loss.
5.4 The operator of BioStar App will use various security technologies and procedures to establish a perfect management system to protect your personal information from unauthorized access, use or disclosure.
5.5 The operator of BioStar App will not transfer or disclose your personal information to any non-associated third party unless.
(1) With your explicit consent or based on your active choice.
(2) Based on the disclosure required by laws and regulations: in law, legal proceedings, litigation or mandatory requirements of government authorities.
5.6 The sharing or transfer of personal information that has been de-identified according to laws and regulations, and ensuring that the recipient of the data is unable to recover and re-identify the subject of the personal information, is not an act of external sharing, transfer and public disclosure of personal information, and the storage and processing of such data will not require separate notification to you and your consent.
5.7 Under the following circumstances, the operator of Birthright App may use your personal information.
(1) When conducting promotions or sweepstakes, the operator of Birthright App may share your personal information with sponsors or partners, in these cases the operator of Birthright App will prompt you before sending your information, and you can terminate the transmission process by not participating in the promotion or sweepstakes.
(2) The operator of Birthright App may cooperate with a third party to provide you with relevant network services, in which case, the operator of Birthright App will require the third party to assume the same responsibility of protecting your privacy as the operator of Birthright App.
(3) Under the premise that the subject of personal information cannot be identified after de-identification processing, the operator of Birthright App may analyze the entire database of you and make commercial use of your database based on product enhancement and other needs.
- Changes, interruptions and termination of services
6.1 You understand and agree that the products and services provided by the operator of PicAI App are provided in accordance with the current status of existing technology and conditions. The operator of PicAI App will do its best to provide services to you to ensure the consistency and security of the services; however, the operator of PicAI App cannot foresee and prevent technical and other risks at any time, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, network environment, third-party service defects and other possible causes of service interruption, data loss and other losses and risks. For the loss of your data caused by the above reasons, the operator of PicAI App is not responsible or liable for any compensation to you or the third party. In the event of such circumstances, the operator of Biostar App will send a notice to the affected you through web announcement, system notification, private message, SMS alert or other reasonable means as soon as possible.
6.2 You understand and agree that the operator of PicAI App has the right to modify, interrupt, suspend or terminate the services in the product of PicAI App without prior notice to you or any third party without being responsible or liable for any compensation for the needs of the overall operation of the service. The operator of Biostime App will also try its best to give prior notice to you and make every effort to ensure the security and integrity of your personal data.
- Legal liability statement
7.1 Due to objective circumstances and technical limitations, please understand that: the operator of PicAI App will try its best to improve its service capability to provide you with better services, and if any program error occurs in the product, the operator of PicAI App will correct the program error at the first time it is found, but the operator of PicAI App cannot guarantee to you that the product and service are fully suitable for your use requirements; cannot guarantee to you that the product or service The operator cannot guarantee you that the products or services will not be interfered with or that there will not be any program errors.
7.2 For the violation of relevant laws and regulations or the provisions of this Agreement, the operator of Biostime App will handle it in accordance with the legal provisions and the above rules and other reasonable judgment, take appropriate actions against any person who violates the law, and save the relevant information and report to the relevant departments in accordance with laws and regulations, etc.
7.3 The product of PicAI App may contain external web content or service links shared/uploaded by you or obtained by the operator of PicAI App in various legal ways, and you can jump to external web pages through the links obtained in PicAI App and obtain relevant content and services on the corresponding external pages. The services involved in the external web pages may require you to accept the special use agreement or other legal documents binding you and the service provider, so you should make your own judgment and choice. With regard to your rights and obligations arising from these external services, unless otherwise agreed, the operator of Birthright App is not responsible for the content and effects of the services to you or third parties.
- Handling of breach of contract
8.1 If you violate national laws and regulations or the agreement of this Agreement, or if you infringe any rights of others and thus derive or cause any third party to make any claims or requests to the operator of PicAI App, including but not limited to litigation costs, attorney’s fees, travel expenses, settlement amount, fines or the amount of damages stipulated in the effective legal documents, software usage fees, etc., and cause losses to the operator of PicAI App, you shall compensate the operator of Birthright App for the losses suffered as a result and eliminate the impact.
8.2 You understand and agree that PicAI App has the right to punish the violation of relevant laws and regulations or the provisions of this Agreement in accordance with reasonable judgment, take appropriate legal actions against any of you who violate the law, and save the relevant information to report to the relevant departments according to laws and regulations, etc. You shall bear the responsibility arising from this.
If the operator of the birth App finds or receives reports or complaints from others that you have violated this agreement, the operator of the birth App has the right to delete and block the content suspected of violating laws and regulations or this agreement, and depending on the severity of the behavior, the offending account is subject to penalties including but not limited to warning, restricting or prohibiting the use of some or all functions, account blocking or cancellation, and has the right to The results of the treatment shall be announced.
- Other Terms
9.1 This agreement may be modified due to changes in national policies, products and fulfillment environment, and the operator of BioStar App has the right to change the terms of this agreement when necessary, and publish the latest version of the terms of the agreement on the relevant pages of BioStar App operator and BioStar App products for your review. The operator of Birthright App may also choose other appropriate ways to notify you of the changes, such as in the relevant website, page or application. After the terms of this agreement are changed, if you do not accept the changed agreement, you should stop using the products and services of Birthright App. If you have questions about the updated content you can also contact us through the contact information published in this agreement, and we will answer you as soon as possible.
9.2 The conclusion, implementation and interpretation of this agreement and the resolution of disputes shall be governed by the laws of China. If any provision of this Agreement is partially invalid or unenforceable for any reason, such provision will be restated as close as possible to the original intent of this Agreement, and the other provisions of this Agreement shall remain in full force and effect.
9.3 The place of signing this agreement is Haishu District, Ningbo, if you have a dispute with the operator of the App due to the products and services under this agreement, you can give priority to friendly consultation with the operator of the App; if consultation fails, both parties agree to submit the dispute to the jurisdiction of the people’s court with jurisdiction where this agreement is signed.
9.4 In order to avoid ambiguity, it is hereby stated that the titles of all the terms of this agreement are only for the convenience of reading, and have no actual meaning in themselves, and cannot be used as the basis for the interpretation of the meaning of this agreement.