Updated and effective on November 23rd, 2024

Software License and Service Agreement for Rendora 3D Virtual Human Video AIGC Platform

(also known as “Rendora User Agreement”)

Reminders:

Thank you for choosing Rendora 3D Virtual Human Video AIGC Platform software and services.

This Agreement is entered into by and between you (“User”) and Rendora LLC a Company established under the law of the State of Delaware(“Rendora”), together with its subsidiaries and affiliates (“we”, “us”, or “our”) for the access to, the registration with, the logging in to, and licensed use (collectively, “Use”) of any products and services made available at the Rendora 3D Virtual Human Video AIGC Platform software (the “Software”) at the https://rendora.ai/platform/(the “Site”) (collectively referred to as the “Services”). The headings of the clauses hereof are inserted for convenience only, and shall not affect or limit the meaning or interpretation of the clauses hereof. You are advised to read the specific contents of each clause carefully.

[Thorough reading] Please read this Agreement thoroughly before clicking to accept this Agreement in your registration or login process. Please carefully read each clause hereof, especially those on exclusion or limitation of liability, privacy protection, account rules, governing law and dispute resolution as well as other key clauses marked in bold and/or underlined. Should you have any questions, complaints, comments or suggestions about this Agreement, feel free to contact us via the contact information set forth herein.

[Signing] In the course of reading this Agreement, you have the full right to quit the Software and stop your Use of the Services hereunder at your sole discretion if you do not agree to this Agreement or any clause hereof. By accessing or Using the Software and Services hereunder or any part thereof, you shall be deemed to have read, understood, agreed to accept and be bound by this Agreement. If you do not agree with any provisions of this Agreement, do not access and/or use the Software and Services.

General Provisions

Parties to Agreement: This Agreement is entered into by and between you and us in respect of your Use of the Software and Services hereunder, and is contractually binding on both you and us.

“You” shall mean the private individual, or the legal entity that registers for, logs in to, Uses, browses and receives the Software and Services hereunder, including but not limited to Customer, Authorized User and Individual User (each as defined below). You may not access or Use the Software and Services or accept this Agreement if you are not at least 13 (thirteen) years old. If you are at least 13 (thirteen ) years old but under 18 (eighteen), you must have your parent or legal guardian’s permission to use the Software and Services. By accessing and/or Using the Software and Services hereunder or any part thereof, you represent that you have full right, authority and capacity to perform this Agreement.

“We” shall mean Rendora LLC, a Company established under the law of the State of Delaware, the operator of the Software together with its subsidiaries and affiliates. The operator of the Software hereunder may be replaced in connection with business adjustments of the Software. In such case, the new operator of the Software will perform this Agreement and provide you with the Software and services hereunder. Such replacement will not affect your rights and interests hereunder.

Scope of Agreement: In consideration of industry practice such as frequent iterations and upgrades of Internet-based services and products, and in order to define comprehensively the respective rights and obligations of you and us, unless the context otherwise requires, this Agreement shall consist of the text hereof and various agreements, policies, rules, announcements and statements published or to be published by us pursuant to applicable laws, regulations and this Rendora User Agreement(collectively “Agreement”), and you shall fully comply with this Agreement.

Scope of Software and Services: We may make available to you the Software and Services hereunder in a variety of additional forms, including but not limited to mobile application (“APP”), PC website, PC application and mini-app, subject to those published by us from time to time.

Modification and update: We reserve the right, at any time, to change, amend, or modify this Agreement as necessary (including by formulating and publishing additional agreements, policies, rules, announcements and statements as appropriate to be incorporated by reference into this Agreement) pursuant to laws and regulations without prior notice. If we make any modification to any part of the Agreement hereof, we will publish the modified version on the relevant webpage of the Software and Services hereunder. If you do not agree with such modification, you have the right to stop your access and/or Use of the Software and Services hereunder. Your continued access or Use of our Site, Software and Services shall be deemed as your valid and binding acceptance of such modification.

Customer, Authorized User and Individual User

You may Use the Software and Services hereunder as a Customer, an Authorized User or an Individual User (each as defined below):

“Customer” means a legal entity that authorizes a natural person to register a Software account and exercise the administrative authority. A Customer may also invite or authorize individuals to Use the Software and Services hereunder as its Authorized Users.

“Authorized User” means a natural person who is authorized or invited by a Customer to Use the Software and Services hereunder or certain function modules of the Software, including but not limited to the Customer’s staff, employees, outsourced personnel and partners. The Authorized User designated by a Customer to configure and Use the Software and Services hereunder and to exercise back office administrative authority on behalf of the Customer is referred to as the “Administrator”.

“Individual User” means a natural person who registers his/her own account to access the Software and the Services and exercises full authority in respect of such account (including but not limited to administer and Use such account).

In this Agreement, each of the foregoing roles is referred to as a “User” or, in most cases, “you”.

The Customer may authorize You or (through creation of a sub-account under its Customer account or otherwise) invite You to be its Authorized User. You agree that in order for You and such other Authorized Users of the Customer to Use certain functions of the Software and Services, the Customer may provide your information to Us and such other Authorized Users. The Customer's collection, use, and sharing of Your information shall comply with the requirements of relevant laws and regulations, and We will process your information only as requested by the Customer and will bear no legal liability for the acts of the Customer in this regard. We will process your personal information only. Please refer to the Rendora Privacy Policy for details of the processing of your personal information and your User Contents.

As the Authorized User, the Customer will manage your role as such as well as the relevant benefits associated therewith, including but not limited to granting, removing and adjusting access to the Software and Services hereunder and imposing restrictions to such access. You agree to Use the Software and Services hereunder in accordance with the scope of authorization and rules of the Customer in addition to our regulations for the Software and Services, and that if you cease to be an Authorized User, at the request of the Customer, we have the right to delete or transfer the access to Software and Services hereunder, for which we shall not be responsible. Please be aware that the Customer is solely responsible for fully informing you of all its policies and practices between the Customer and you relating to your Use of the Software and Services hereunder as well as Customer’s settings which may affect or restrict your Use of the Software and Services or your access to Customer’s data, for which we shall not be responsible.

If you Use the Software and Services hereunder as an Administrator of the Customer, you warrant that you have been fully authorized by the Customer to fully accept and perform this Agreement on its behalf. In such case, the Customer will bear all liabilities, including but not limited to all legal and financial liabilities for your Use of the Software and Services hereunder.

Scope of Software and Services

The Software is a consumer-grade hyperrealistic 3D virtual human video AIGC software developed by us.

You acknowledge and agree that we provide the Software and Services hereunder to Users with our own software and through the Internet, with the specific content, function and form of the Software provided by us on an “as is” basis and subject to the package, version, function module and the actual content of the Software purchased by you.

Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, limited, non-transferable, non-sublicensable and revocable license to access and Use the Software and Services hereunder. The rights granted to you in this Agreement are subject to the following restrictions: (a) unless expressly permitted by this Agreement, you shall not attempt to access or Use the Software, Services or content hereunder for any purpose and in any manner , including, without limitation, activities such as copying, reverse engineering, decompiling, hacking, disassembling, adaption, reproduction, modification, distribution, transferring, transmission, broadcasting, display, sale, lease, licensing, mirroring; and (b) you shall not access the Software and/or Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Software and/or Services. Regarding the specific limitations of your authorization, please refer to the following provisions in the subsequent sections: Article 11 (Intellectual Property Rights Statement) and Article 12 (Scope of Licensed Use of Generated Works).

You understand and acknowledge that the functions described herein may be made available only to certain users or in certain manner (for example, on a paid basis), and that the functions you can actually Use and Services you can actually receive when accessing and Using the Software and Services hereunder shall be subject to those made available by us to you from time to time.

For the purpose of facilitating transactions and improving user experience, we will provide upgraded versions of the Software and Services for you, and may optimize and introduce Third-Party Services (as defined below). You agree that your use of the Third-Party Services shall be subject to the terms, conditions or contracts applicable to that Third-Party Services,. and are not under our control, and we do not review, approve, monitor, endorse, warrant, or make any representations and warranties, express or implied with respect to Third-Party Services and are not responsible for any Third-Party Service.

The transaction or cooperation between you and a third party in the Software shall be subject to the agreement between you and such third party. Any dispute or controversy arising from such transaction or cooperation shall be dealt with and settled by you and the third party in accordance with the applicable agreements between you and such third party. We, as the Software and Service provider, will not provide any guarantee or warranties, expressed or implied, or bear any joint and several liability in respect of the relevant transaction or cooperation applicable to you and any third-party.

Free Trial of Software

We may, at our sole discretion, offer you a free trial for the Software, so that you may access and Use the Software for the purpose of trial or evaluation based on the trial standards, for the specific trial period and benefits subject to those indicated on the applicable webpage or application (the “Free Trial”).

You acknowledge and agree that the Software and Services accessed and Used by you for trial purpose are provided on an “as is” basis and without any support, guarantee or compensation in respect of the Software function or Service level for the trial. Upon expiration of the trial period, user data entered in and configuration made to the Software during the trial period will not be retained and we are under no obligation to provide or return the same to you.

Paid Functions and Services of the Software

You may purchase the paid functions and Services for your own use, the content, functions, form, fees and other details of which are subject to the applicable subscribing webpage and the Rendora Software Purchase Agreement (“Purchase Agreement”) displayed on the payment page. The Purchase Agreement is incorporated herein by reference and shall be an integral part of this Agreement. In the event of any conflict between the Purchase Agreement and this Agreement, the Purchase Agreement shall prevail. If you have separately executed any offline sealed agreement with us for the Software and Services hereunder which is inconsistent with this Agreement (including the Purchase Agreement), such offline sealed agreement shall prevail.

The Purchase Agreement is a prerequisite for you to purchase and Use the corresponding paid functions and Services. Please read the entire Purchase Agreement carefully before making your payment. Please do not make payment if you do not agree to the Purchase Agreement. If you make payment according the relevant webpage, the Purchase Agreement will become effective upon your payment of the corresponding fees,which means Your payment will be deemed as your confirmation and acceptance to be bound by the Purchase Agreement.

You understand and fully acknowledge that you have fully experienced or understood the paid functions and Services of the Software prior to your purchase thereof, and hereby confirm that all of your purchases are based on a full understanding of the relevant functions of the Software and the needs that they are intended to serve. You understand and acknowledge that the paid functions and Services of the Software are online or virtual commodities, and that your payment shall be payment of the price of such online or virtual commodities purchased by you. Upon your successful payment, the paid functions and Services of the Software purchased by you will immediately become effective. You may not request a refund except in the case of any material breach hereof by us, such as material defects in the paid functions and Services, resulting in your complete inability to use them, or under the circumstances where a refund is required by this Agreement or by laws or regulations.

You understand and acknowledge that the pricing system of the paid functions and Services of the Software is subject to a variety of factors including but not limited to product adjustment, business development, business policies and change of market conditions, and that we may adjust the price accordingly, without affecting any functions or Services which have been purchased by you and have come into effect. In the case of renewal, additional purchase or upgrade of or to the original package or version, the renewal, additional purchase or upgrade price shall be subject to the price published on the relevant transaction webpage when you conduct such transaction.

User Account Rules

User registration: You can use your email, mobile phone number,or account of any third party platform allowed by the Software (if any) to register for an account. Once the registration is completed, you will be a legitimate user of the Software, and you may use your account to use the Service functions provided by the Software properly in accordance with this Agreement. You represent and warrant that: (a) all required registration information you submitted or will submit is truthful and accurate; and (b) you will maintain the accuracy of such information.

Please note that, despite our cooperation between Software registration/login system with third-party platform account provider, you use the third-party account to access the Software in reliance on your trust in the applicable third-party account provider, and the third-party account provider shall be solely responsible for verifying the validity, accuracy, security and availability of the applicable third-party account. If you fail to log in or to Use the Software and Services hereunder with such third-party account due to reasons attributable to such third-party account provider, or if such third-party account or password is forgotten, lost or compromised, or if any content or information of or on such third-party account is disclosed, you may only contact the third-party account provider to resolve these matters.

If you use a third-party account to access the Software, and the third-party account provider terminates its cooperation with us, we will make all reasonable efforts to notify you of such termination in advance and guide you to transfer the contents under such account to your other existing Software accounts (if any) or to other Software accounts to be opened by you. If you do not agree with such transfer, we will terminate our provision of the Software and Services hereunder to you as of the date of termination of our cooperation with the third-party account provider. If the provision of Software and Services hereunder is terminated because you do not agree to the transfer, as of the termination date, you will no longer be able to Use any functions of the Software, and we have no obligation to refund any fees paid by you for the paid functions of the Software (if any).

After your successful registration, we will allocate an account to you, the ownership of which account belongs to us. The User will be granted the right to use such account after login for the first time. The account shall only be used by the User, and without our consent, neither the account information nor access to such account may be transferred, given for free, sold, lent, authorized or otherwise granted to any third party by the User or be allowed by the User to be under common control and use with any third party. If we find or reasonably believe that an account is not used by the corresponding User, we shall have the right to immediately suspend or terminate our provision of Software and Services hereunder to the account and the right to permanently disable the account. In addition, we reserve our right to take legal action.

If you are a Customer, after you authorize a natural person to open an account for the Software, you may allocate corresponding sub-accounts for your Authorized Users or otherwise grant them the right to use certain functions of the Software once you purchase the function of creating sub-accounts. The Customer is the processor of the personal information of its Authorized Users, and authorizes us to process such personal information. As the authorized Service provider, we process such personal information for the purpose of providing Software and Services hereunder to the Customer. As the personal information processor, the Customer must expressly inform the Authorized Users of the categories of personal information we collect, collection methods, use purposes, disclosure, sharing and other information in connection with the personal information to be collected and used for the Software and Services hereunder as listed inthe Rendora Privacy Policy, and shall be fully responsible for obtaining the necessary authorization, consent and permission for us to collect and use such personal information. We collect and use the relevant information only as authorized by the Customer, and will not be responsible for any act of the Customer.

We shall have the right to take measures against any illegal or negative information in your account information, such as informing you to make corrections within a time limit and suspending your use of account. If you fraudulently use the name of any authority, another enterprise or any celebrity when you register, fill in, log in with or use your account name, nickname, avatar or profile, we shall have the right to restrict or prohibit the use of your account and report to the relevant authorities.

You acknowledge and understand that if several accounts are bound or linked with the same mobile number, payment account, ID card information, IMEI or user information, these accounts may be regarded as associated accounts for the same User. In such case, we shall have the right to merge such accounts.

If your Software account cannot be used due to your own reasons, and you intend to recover such account, please provide the corresponding information in accordance with the Software account recovery requirements and ensure that the information provided is legal, true and valid. If (1) the information provided does not meet the requirements; or (2) the unique certificate of the account is no longer valid; or (3) there is any security risk such as account theft; or (4) there is any other circumstance that makes it impossible to determine the account’s ownership, we shall have the right to reject your recovery request, and may take corresponding measures such as freezing or disabling the account. If the mobile number or email address bound with your registered account is no longer in use, please update the new mobile number or email address as soon as possible. If you fail to do so, and the telecommunication service provider recycles your old number or address, or the email address access is stolen, another individual may log in to your account with your old mobile number or email address and view all your account information and product use information; in such case, you will be unable to use your account, and your personal information in the account may be leaked. Therefore, please make sure to update your mobile number or email address bound with your account in a timely manner. If your account is lost or your personal information is leaked due to your failure to update, you shall be solely responsible, and we shall have the right to reject your account recovery request, and may take corresponding measures such as freezing or disabling the account.

When you intend to terminate your Use of the Software, you may apply for account closure through the following methods, depending on your role; provided that you shall still be liable for your use of the Software and your acts during the license term before account closure:

If you are an Individual User, you can close your account directly on the Software;

If you are an Authorized User who is invited to use the Software and Services hereunder by a Customer, through creating a sub-account, your sub-account may be closed by the Administrator;

If you are an Administrator who uses the Software and Services hereunder on behalf of a Customer, you shall contact us for account closure after obtaining your Customer’s consent, and we will close your account after verification, and we reserve the right to delete or anonymize all data under your account, except those that are required to be retained under laws and regulations;

Please kindly note that the account closure is irrevocable and irreversible. Therefore, please make your account closure request after thorough consideration.

We will close your account after verifying your identity and clearing all account assets (such as your virtual assets) and disputes. This Agreement will be terminated and we will cease our provision of Services to you upon your account closure.

In light of user experience and Service functions, we may request different information for different Software functions and Services. Therefore, for better services and account security, you may need to provide additional information before using higher-level functions and Services.

Subject to appliable laws, regulations, contracts or the Rendora Privacy Policy, or upon the request of compete government authorities, we reserve the right to delete or block the resource materials uploaded to or the contents published via the Software by you, or to restrict or freeze your Software account. In such cases, you may be unable to view the relevant content or to log in and use your account. If we are required or advised to conduct further account authentication by the relevant regulations, please cooperate with us.

You shall register and use your account properly, without malicious registration or non-conforming use. You shall be solely responsible for the safekeeping of your account name, password and other relevant information, and shall bear all legal liabilities for your failure to do so. Any act taken with your Software login account and login credentials shall be deemed as your operation, and the electronic records generated from such operation shall be valid evidence of your acts.

We reserve the right to freeze or close your account and/or delete or anonymize the data and files stored by you if you violate applicable laws and regulations or breach this Agreement, without any liability to you, and you shall bear all losses and damages caused by the deletion and clearing of all data and information generated in your Use of the Software and Services hereunder.

Code of Conduct for Users-Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”. You understand and agree that during your Use of the Software and Services hereunder, you must abide by the relevant laws and regulations, this Agreement and the Software policies, rules. announcements and statements formulated and published by us from time to time, and shall not Use the Software to engage in any illegal or improper activities, including but not limited to the following:

You shall not Use the Software and Services hereunder to upload, display, post, distribute or otherwise transmit any information:

that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;

that is harmful to minors in any way;

that is in violation of any law, regulation, statute, ordinance, rule, judgement, rule of law, order, decree, clearance, approval, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration of any of the foregoing by, any governmental authority; or

that adversely impacts an individual’s legal rights or otherwise which creates or modifies a binding, enforceable obligation.

You shall not Use the Software or Services hereunder for any illegal purpose or maliciously beyond the scope of the license; and

You shall not Use the Software Account or the Software and Services hereunder to:

upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;

send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

use the Services to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent;

interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;

attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services);

fill in and submit account registration materials in violation of this Agreement, or for purposes other than for the registered or authenticated identity;

violate the Software operation procedures, function restrictions or operation strategies, or to interfere with the normal operation of the Software by applying any measure to circumvent the Software operation procedures, function restrictions or operation strategies;

access plug-ins, tag-on services or other third-party tools, operating software or services without our express permission;

harass or interfere with any other User’s use and enjoyment of the Services;

obtain illegally (or to authorize, allow or assist any third party to obtain illegally) the Software information for commercial purposes (including for promotion, reading, and reviewing) without permission. “Obtain illegally” refers to the act of reading, reproducing, saving or obtaining data and information by means of non-real-life users including but not limited to spider, crawler or personification bot or by other abnormal means that circumvent or damage technical measures;

publish any information that unfairly competes with any function provided by the Software under any agreement, undertaking or confirmation with any third party without permission; or

take any act that causes or may cause dispute, controversy or litigation between the Software and a third party.

You are solely responsible for your User Contents (as defined below) and any Generated Works (as defined below), or any User Content / Generated Work which has been provided/ generated using your Account by any affiliate/ entity/ representative which you may be related to. You assume all risks associated with use of your User Content or any Generated Work, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Contents or any Generated Work, that personally identifies you or any third party. You hereby represent and warrant that your User Contents or any Generated Work will not violate our Acceptable Use Policy. You may not represent or imply to others that your User Contents are in any way provided, sponsored or endorsed by us. We are not obligated to backup any User Contents, or any Generated Work, and the same may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Contents or any Generated Work if you desire.

User Contents

The Software allows you to upload, create or send resource materials, digital information or materials (including but not limited to texts, pictures, audio, video, logos, fonts, portraits, sounds and other data, collectively “User Contents”). You may also overlay your User Contents with our animation, stickers, pictures, widgets or other elements, or add our elements to your User Contents. You warrant and undertake that you have all the necessary rights in or have obtained legal license for your User Contents uploaded to or stored in or published or shared via the Software, and that our use, display and retaining of such User Contents will not violate any law or infringe upon any legitimate right of others. We will not be liable for your User Contents, or for the uploading, storing, use, reproduction or sharing of your User Contents by others via the Software. If there is any unlicensed content in your User Contents, we reserve to delete or block it, and if the unlicensed content causes any losses to us, you agree that you are obligated to indemnify us.

If you share your User Contents with other users of the Software, it will be deemed as your consent to grant them the unrestricted right to use your User Contents free of charge (including the related rights such as intellectual property right), unless you have explicitly specified certain restrictions to the other users, but such specification and restrictions shall only be binding upon you and such other users. We will not bear any responsibility to disputes regarding restrictions.

If you Use the Software as an Authorized User, please note that we will provide Customers with choices in respect of control, restriction, management and otherwise of your use of the User Contents. For example, a Customer may enable or disable the access to the Software and the resources and materials therein by any of its Authorized Users, enable or disable Third-Party Services, and manage its authorization, retention and sharing settings. Some and even all of your User Contents may be accessed, used, disclosed, modified, restricted or deleted, depending on the choice and decision of the Customer. If you Use the Software on behalf of a Customer, you confirm that the Customer has fully explained the above to you and obtained your explicit consent in advance.

Please note that the Software and Services hereunder are not storage services, and that we cannot and will not provide data backup or storage for your User Contents or any other content uploaded, distributed or provided by any other user to or via the Software. You shall be solely responsible for your data backup and storage.

You may delete, modify or otherwise handle your online data by yourself. If you delete your online data by yourself, we will immediately delete your online data (excluding content that you share with and are copied and stored by other Users) and such deletion may be irreversible. Please handle with caution when you delete, modify or otherwise handle your data.

When the Software and Services under your account expire or are early terminated (including but not limited to the early termination agreed upon by both parties and the early termination caused by other reasons), we shall have no obligation to continue to store your User Contents or account data, which will be deleted by us (and you agree that we are authorized to do so), together with all copies thereof, except as expressly provided for by laws and regulations, as required by the competent authorities or as otherwise agreed by both parties. You understand and agree that we have no obligation to retain, export or return User Contents or account data. Online data or offline data might be unrecoverable once they are deleted, and if they are all deleted, all your data in the Software may be cleared. You shall be solely responsible for the consequences and responsibilities caused by your data deletion.

You shall be solely responsible for your User Contents and the consequences of publishing, submitting, sharing or transmitting them to or via the Software. You also agree that you will not submit any User Contents or other materials to the Software that violate applicable laws or regulations.

You understand and agree that you shall make your own judgement and bear the corresponding risks when viewing the contents provided by others in the Software. You may not use, reproduce, repost, distribute, broadcast, display, sell, license or otherwise use any content for any purpose without the express consent of the relevant right owner.

Personal Information Protection and Privacy Policy

Our Rendora Privacy Policy, explains how we collect, safeguard, and disclose information that results from your use of the Software and the Services. The Privacy Policy is incorporated herein by reference.

You acknowledge and agree that before your Use of the Software and Services hereunder, you have carefully reviewed and accepted the Rendora Privacy Policy.

Sending and Displaying Information and Advertisements

You agree that during your Use of the Software and Services hereunder, we are allowed to send or display advertisements, or promotional or advertising information (commercial or non-commercial) by ourselves or through third-party advertiser, subject to laws and regulations. If you are not interested in such advertisements or information, you may choose the display or non-display/reduced display of certain types of advertisements or information in the Software with the corresponding technical options provided by us.

Intellectual Property Rights Statement

We shall have corresponding rights in or to all products, technologies, software, programs, data and other resource materials contained or involved in the Software and the Services hereunder (including but not limited to the Software and 3D virtual characters, texts, images, pictures, photos, audios, videos, graphics, colors, layouts and electronic files existing in the Software, collectively, “Existing Works”). The intellectual property rights and other relevant rights and interests in or to the Existing Works shall be owned by us or the individual or entity designated by us. We grant you a limited, non-exclusive, non-transferable right to use the Existing Works during the license term (including trial period) of the Software, provided that the Existing Works shall not be used independently from the Software and the Generated Works (defined below). All rights not expressly granted are reserved by us. You shall not use the Existing Works beyond the extent agreed herein without our consent. Otherwise, we reserve the right to hold you legally liable.

Unless otherwise specifically stated, the copyrights, patent rights and other intellectual property rights and know-how in or to the Software on which we rely during our provision of the Software and Services hereunder shall be owned by us or the individual or entity designated by us.

Subject to your full payment of Software license fees, the intellectual property rights and other relevant rights and interests in or to the contents created by you with the Software combining our Existing Works during your Use of the Software and relevant Services (“Derivative Works” or “Generated Works”) shall be owned by you or the individual or entity designated by you, provided that the intellectual property rights in or to the Existing Works used by you for creating the Generated Works (such as resource materials on the platform) shall remain owned by us or the individual or entity designated by us.

For the avoidance of doubt, if we offer you a free trial for the Software upon consultations, you understand and agree that the intellectual property rights and other relevant rights and interests in or to the Derivative Works shall be owned by us or the individual or entity designated by us, and that we only grant you a limited, non-exclusive, non-transferable and non-sublicensable right to use the Derivative Works during the free trial period for your personal study, research or appreciation and other reasonable use as provided by laws. You acknowledge that, to specify the ownership and the restrictions on use of the intellectual property rights in or to the Derivative Works, the Derivative Works will be watermarked by us once they are created, and you will be further notified on how to use the Derivative Works when you export or download the same.

The intellectual property rights and other relevant rights and interests in or to the User Contents shall be owned by you or the right holder designated by you. You shall be responsible for the legality and reliability of the User Contents in and the Generated Works created by you via the Software, and ensure that the User Contents and the intellectual property rights therein or thereto are legally owned or originally created by you or have been legally licensed to you, without any infringement upon the intellectual property rights or other legitimate rights and interests of any third party. In case of any unlicensed User Contents, you shall communicate with the relevant right holder on your own to obtain license; otherwise, you shall not use such User Contents for creating Generate Works. You shall ensure that you will not generate or use any works containing infringing or potentially infringing contents or source materials; otherwise, you shall be solely liable for any infringement dispute or legal liability arising therefrom.

You acknowledge, understand and agree that, in order to provide, optimize, advertise and promote the Software and Services hereunder, and to better apply and promote your Generated Works, you grant us and our affiliates a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, unlimited and sublicensable (through multiple tiers) license in respect of the contents you upload, publish or create to or via the Software and Services hereunder, to reproduce, translate, compile, disseminate on information networks, adapt, perform, display, create derivative works based on or otherwise use such contents.

Complaints or reports regarding information or contents: If you identify any infringement upon your legitimate rights or interests during your Use of the Software, please promptly contact us and provide us with legally valid supporting materials, including but not limited to identity certificate, ownership certificate, and description of specific infringement, so that we may take necessary measures to deal with such issue. In addition, if you identify any violation of laws or regulations or relevant rules on the Software and Services hereunder during your Use of the Software, you shall have the right to report to us, and we will take necessary measures to deal with such issue (including but not limited to deleting or blocking the contents, disconnecting the links or restricting the use of certain functions).

Copyright Complaints

If you believe that your intellectual property rights have been infringed, please send notice to the email address below.We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Email: contact@rendora.ai

Rendora LLC

1209 Orange Street, Wilmington, New Castle County, Delaware

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim has been infringed upon

A description of where the allegedly infringing material is located on our site so we can find it

Your address, telephone number, and e-mail address

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf

Scope of Use of Generated Works

The Scope of Use of the Generated Works shall be subject to the benefits agreed for the paid package purchased by you. All rights not expressly granted are reserved by us. Depending on the package and version purchased by you, you may use the Generated Works within following scope:

(I) License for non-commercial use by individuals

If you use the free-trial version, you may only use the lawful Generated Works for personal and non-commercial purposes, i.e., you may use the same within the scope of reasonable use provided by appliable laws for purposes other than making profits, such as for your personal study, research and appreciation.

(II) License for commercial use by individuals

If you purchase the commercial version for individuals, you should use the lawful Generated Works in commercial activities conducted by natural persons according to the following scope, provided that you shall ensure that it is an individual who will gain benefits and be the ultimate beneficiary:

Scope of Use		Examples	Allowed
Online marketing and promotion	Online marketing and promotion for products/services	Use the Generated Works in online marketing and promotion activities (such as online presentations, lectures and conferences) on products/services for display, demonstration and broadcasting	Yes
New medias	Social Media accounts	Use the Generated Works in posts on new media platforms, such as Snapchat, Instagram, Facebook	Yes
	Online video accounts	Use the Generated Works in videos on online video platforms, such as TikTok, YouTube	Yes
	Websites and webpages	Use the Generated Works in videos on websites, webpages, H5, applets and Apps	Yes
Other online channels	E-commerce platforms	Use the Generated Works for marketing in stores on third-party e-commerce platforms, such as Amazon, Shein, TikTok Shop, Temu	Yes
Other online channels	Promotion and advertising through online medias	Use the Generated Works in promotion through websites (such as Google Promotion) and advertising placed through online medias	Yes
Offline channels	Outdoor advertising, offline display, etc.	Use the Generated Works on offline channels (such as buildings, elevators, vehicles, light boxes, window displays, billboards, and public places) for display, demonstration and broadcasting	No
	Offline marketing and promotion for products/services	Use the Generated Works in offline marketing and promotion activities (such as offline roadshows, presentations, lectures and conferences) for display, demonstration and broadcasting	No
	Commercial proposals (not for resale)	Use the Generated Works in project marketing planning, case demonstration, bidding plan, etc.	No
	Internal training	Use the Generated Works in training sessions to employees, service providers, suppliers and other personnel free of charge	No
Scope of use subject to additional consent	Education and teaching	Use the Generated Works in producing educational or teaching products (such as teaching materials and teaching videos) which are sold or otherwise used for profit	Yes, subject to our additional consent
Scope of use subject to additional consent	Resale (including sale and distribution for free)	Use the Generated Works for providing commodities or services to clients and sub-license the right to use the Generated Works to such clients so that the clients may use the Generated Works in such manners and within such scope of the original license	Yes, subject to our additional consent
Prohibited Use	Create merchandising	Use the Generated Works or the characters, props, accessories, backgrounds or other elements therein or thereof in designing, developing or creating physical or virtual commodities, such as toys, figures, stickers, games or films and TVs	No

(III) License for commercial use by enterprises

If you purchase the commercial version or the team version for enterprises, we will grant the enterprise or any other organization which you represent (“Enterprise”) a license, and you should use the lawful Generated Works in the commercial activities according to the following scope:

Scope of Use		Examples	Allowed
Online marketing and promotion	Online marketing and promotion for products/services	Use the Generated Works in online marketing and promotion activities (such as online presentations, lectures and conferences) on products/services for display, demonstration and broadcasting	Yes
New medias	Social Media accounts	Use the Generated Works in posts on new media platforms, such as Snapchat, Instagram, Facebook	Yes
	Online video accounts	Use the Generated Works in videos on online video platforms, such as TikTok, YouTube	Yes
	Websites and webpages	Use the Generated Works in videos on websites, webpages, H5, applets and Apps	Yes
Other online channels	E-commerce platforms	Use the Generated Works for marketing in stores on third-party e-commerce platforms, such as Amazon, Shein, TikTok Shop, Temu	Yes
Other online channels	Promotion and advertising through online medias	Use the Generated Works in promotion through websites (such as Google Promotion) and advertising placed through online medias	Yes
Offline channels	Outdoor advertising, offline display, etc.	Use the Generated Works on offline channels (such as buildings, elevators, vehicles, light boxes, window displays, billboards, and public places) for display, demonstration and broadcasting	Yes
	Offline marketing and promotion for products/services	Use the Generated Works in offline marketing and promotion activities (such as offline roadshows, presentations, lectures and conferences) for display, demonstration and broadcasting	Yes
	Commercial proposals (not for resale)	Use the Generated Works in project marketing planning, case demonstration, bidding plan, etc.	Yes
	Internal training	Use the Generated Works in training sessions to employees, service providers, suppliers and other personnel free of charge	Yes
Scope of Use subject to additional consent	Education and teaching	Use the Generated Works in producing educational or teaching products (such as teaching materials and teaching videos) which are sold or otherwise used for profit	Yes, subject to our additional consent
Scope of Use subject to additional consent	Resale (including sale and distribution for free)	Use the Generated Works for providing commodities or services to clients and sub-license the right to use the Generated Works to such clients so that the clients may use the Generated Works in such manners and within such scope of the original license	Yes, subject to our additional consent
Prohibited Use	Create merchandising	Use the Generated Works or the characters, props, accessories, backgrounds or other elements therein or thereof in designing, developing or creating physical or virtual commodities, such as toys, figures, stickers, games or films and TVs	No

(IV) Limitations on license

1. If the Generated Works contain any resource materials added or uploaded by you, you shall ensure that such resource materials are legally owned by or lawfully licensed to you. Otherwise, you may not use the Generated Works.

2. Without our additional consent, you shall not resell, transfer, distribute, sublicense, share, lease, distribute, or otherwise use the Generated Works to or with any third party, or use the Generated Works in any business that directly competes with the Software or the Services hereunder.

3. You shall use the Generated Works to the extent reasonable and necessary within the licensed scope in accordance with the applicable laws and regulations. The promotional materials made by you with 3D virtual human images provided by us shall maintain a positive and wholesome image, without any damage to the image or business reputation. Such materials shall not be used for pornography, gambling, drugs or political endorsement, or state expressly or implicitly that any virtual image participates in any immoral or illegal act, or offend or belittle any virtual image.

4. You shall not use the Generated Works for advertising or promoting sensitive industries such as tobacco, alcohol, pharmaceuticals, cosmetic surgery, and medical and health products. Otherwise, you should bear the corresponding legal responsibility. If your use of the Generated Works in violation of this section causes losses to Us, you agree to indemnify us for all such losses.

6. The license hereunder shall be a single use license. Specifically, the license shall be granted to a single natural person with a valid ID card in the case of license for use by individuals, and to a single entity in the case of license for use by enterprises. For two affiliated entities each of which is an independent legal person (both the parent company and the subsidiary are independent legal persons), the license shall not be shared, unless a new license or a sublicense is granted.

7. If you breach any provision of this Agreement, we reserve the right to terminate some or all of this Article XII without liability.

8. All rights not expressly granted herein are reserved by us.

Disclaimer

YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENTS, ADVERTISEMENTS OR OTHER MATERIALS OF OTHERS OR THIRD PARTIES THAT YOU OBTAIN VIA THE SOFTWARE OR SERVICES (COLLECTIVELY, “INFORMATION”), UNLESS EXPRESSLY PROVIDED BY APPLICABLE LAWS. YOU MUST CHECK THE AUTHENTICITY OF SUCH INFORMATION AND PRUDENTLY PREVENT RISKS ON YOUR OWN BEFORE TAKING ANY ACT IN RELIANCE UPON SUCH INFORMATION. YOU MAY BE EXPOSED TO UNPLEASANT, INAPPROPRIATE OR OBJECTIONABLE CONTENT DURING YOUR USE OF THE SOFTWARE AND SERVICES HEREUNDER, AND IN NO EVENT WILL WE BE LIABLE FOR ANY SUCH CONTENT. IN NO EVENT SHALL WE (OR SUPPLIERS PROVIDING THIRD-PARTY SERVICES), OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY USE OF THIRD PARTY CONTENT AND/OR (VII) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

UNLESS OTHERWISE SPECIFICALLY AGREED, WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS SHALL NOT BE LEGALLY LIABLE FOR ANY ACCIDENT, NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION OR COPYRIGHT OR INTELLECTUAL PROPERTY RIGHT INFRINGEMENT CAUSED BY YOUR IMPROPER USE OF THE SOFTWARE AND SERVICES HEREUNDER OR FOR ANY LOSS CAUSED THEREBY (INCLUDING COMPUTER VIRUS INFECTION DUE TO DOWNLOADING).

THE USER SHALL BE SOLELY LIABLE FOR ANY THIRD-PARTY CLAIMS OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING FROM UPLOADING OR PUBLISHING USER CONTENTS IN SOFTWARE. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE LEGALITY, LEGITIMACY, ACCURACY, OR QUALITY IN ANY WAY FOR ANY CONTENTS OR RESOURCE MATERIALS UPLOADED BY ANY OTHER USER AND NOT ORIGINALLY PROVIDED IN THE SOFTWARE, NOR SHALL WE BE LIABLE FOR ANY CONTENTS OR RESOURCE MATERIALS NOT ORIGINALLY PROVIDED IN THE SOFTWARE, INCLUDING BUT NOT LIMITED TO NOT FOR ANY ERROR, OMISSION, OR INFRINGEMENT IN OR OF THE CONTENTS AND ANY CONSEQUENTIAL LOSSES OR DAMAGES ARISING THEREFROM. YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY RESPONSIBLE OR LIABLE FOR ANY CONTENT YOU ACCESS THROUGH THE SERVICES AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS AND WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IF YOU BELIEVE THAT SUCH CONTENTS OR RESOURCE MATERIALS DAMAGE YOUR LEGITIMATE RIGHTS AND INTERESTS, YOU SHALL MAKE CLAIMS AGAINST THE USER UPLOADING THE SAME; IN SUCH CASE, WE SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO TAKE MEASURES AT OUR SOLE DISCRETION, INCLUDING BUT NOT LIMITED TO DELETING OR BLOCKING SUCH CONTENTS OR SOURCE MATERIALS.

IN CONSIDERATION OF THE SPECIAL CHARACTERISTICS OF INTERNET-BASED SERVICES, YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS (INCLUDING LOSS OF PROPERTY, PROFITS, DATA, OR INFORMATION OR ANY OTHER INTANGIBLE LOSS) SUFFERED BY YOU ARISING FROM:

ANY FAILURE OF THE SOFTWARE AND SERVICES HEREUNDER TO OPERATE NORMALLY DUE TO TYPHOON, EARTHQUAKE, TSUNAMI, FLOOD, POWER OUTAGE, WAR, TERRORIST ATTACK, OR ANY OTHER FORCE MAJEURE EVENT;

ANY LOSS OR LEAKAGE OF INFORMATION, INTERRUPTION OR DELAY OF THE SOFTWARE AND SERVICES HEREUNDER OR OTHER RISK THAT MAY BE CAUSED BY COMPUTER VIRUS, TROJAN HORSE, OTHER MALICIOUS PROGRAM, HACKER ATTACK, TECHNICAL ADJUSTMENT OR MALFUNCTION OF TELECOMMUNICATION SERVICE PROVIDER OR NETWORK OPERATING COMPANY OR ANY OTHER SIMILAR EVENT;

ANY BREAKDOWN OF THE USER’S OR OUR COMPUTER SOFTWARE, HARDWARE, OR TELECOMMUNICATION LINE;

USER’S IMPROPER OPERATION, OR ITS USE OF THE SOFTWARE AND SERVICES HEREUNDER IN A WAY THAT IS NOT AUTHORIZED BY THE SOFTWARE;

ANY REPOST OR SHARING BY OTHERS OF ANY CONTENT PUBLISHED BY THE USER;

ANY FAILURE TO LOG IN TO THE SOFTWARE, INCOMPLETE DATA SYNCHRONIZATION, SLOW WEBPAGE LOADING, OR OTHER RISK DUE TO REASONS SUCH AS UNSTABLE NETWORK; OR

NY OTHER CIRCUMSTANCE WHICH IS BEYOND OUR CONTROL OR IS NOT REASONABLY FORESEEABLE BY US.

We reserve the right to deal with any illegal or non-compliant content pursuant to this Agreement, provided that such right does not constitute our obligation or commitment that we will identify or deal with any illegal or non-compliant act in a timely manner.

We will provide you with corresponding functions and services according to your choice. You understand and agree that, in light of user experience, secure operation, rules and healthy development of Software and other factors, we reserve the right to choose whom we serve or cooperate with, to determine to whom and to what extent we will provide functions, data interface and data disclosure, and to suspend or terminate, as applicable, the provision of the Software and services hereunder to you, if:

you violate any law or regulation or breach any provision of this Agreement;

user experience is affected;

there is any security risk; or

you violate the principles of Software operation or do not comply with other management requirements of the Software.

If you are an Authorized User, you agree that it is the sole responsibility of the Customer (instead of us) to:

inform you of any of its policies that may impact your Use of the Software;

obtain your consents necessary for the rights and interests of Customer and for your Use of the Software;

transfer and deal with specific User Contents in light of organizational management needs of Customer; and

respond to and resolve any dispute or controversy with you or any other Authorized User, or relating to user information in connection with Customer, or arising out of the Customer’s failure to perform its obligations.

Third-Party Services: You may choose to Use the Software together with third-party websites, platforms or Apps (including but not limited to third-party services accessible on the App of the Software; “Third-Party Services”). Your use of the Third-Party Services shall be subject to the applicable terms and conditions thereof. We will neither make any representation or warranty on such Third-Party Services nor bear any liability for your use thereof.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When you use our Services you understand and agree:

Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.

You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.

Our Services may provide incomplete, incorrect, or offensive Output that does not represent Rendora’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Rendora.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You and/or any entity/individual who you may represent or may be represented by you (“indemnifier”) agree to indemnify and hold harmless Rendora, its subsidiaries, officers, affiliates, partners, directors, employees, and agents (hereinafter collectively referred to as “indemnified parties”) from any and all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) made by any third party due to or arising out of (a) indemnifier’s use of the services and/or Generated Works (b) indemnifier’s violation of this Agreement, (c) indemnifier’s violation of applicable laws or regulations, (d) indemnifier’s User Contents/ Generated Works, (e) indemnifier’s use of Third-party Services (f) indemnifier’s violation of any third party right, including without limitation any intellectual property or privacy right, or (iv) your actions/decisions which for any reason has prejudiced or materially/adversely affected the indemnified parties.

We reserve the right, at the indemnifier’s expense, to assume the exclusive defense and control of any matter for which the indemnifier is required to indemnify us, and the indemnifier agrees to cooperate with our defense of these claims. Our prior written approval will be required for any settlement that reasonably can be expected to require a material affirmative obligation of or result in any ongoing material liability to us.

Liability for Breach

If we identify or receive any report or complaint from others of your breach hereof or your violation of applicable laws, regulations or state rules, we reserve the right, at our sole discretion and without prior notice to you, to take reasonable actions as applicable, including but not limited to giving warnings, freezing, restricting, suspending or terminating your Use of part or all functions of the Software, blocking or deleting the contents uploaded, distributed or provided by you, restricting part or all functions of your account, and freezing or permanently closing your account, and you shall be solely liable for the consequences and losses caused thereby. We reserve the right to announce the actions taken, and to decide whether to restore the use of the relevant account or not based on the actual situations. We reserve the right not to restore or return the deleted contents. For any suspected violation of laws or regulations or suspected crime, we will keep records thereof, and reserve the right to, among others, report to relevant competent authorities, cooperate with relevant competent authorities in investigation, and report to public security organs, in accordance with laws. In addition, we reserve the right to request that you shall (and ensure your Customers and partners shall) immediately cease the use of the content subject to complaint, and delete and destroy all copies thereof, with all losses arising therefrom solely borne by you.

In case of your breach of this Agreement or any user terms or rules applicable to you, causing any losses to us (including but not limited to direct losses, loss of reputation, attorneys’ fees, and third-party penalties or claims), we reserve the right to recover all of such losses from you, and to freeze your assets such as prepayment, deposit and virtual currencies or virtual rights and interests such as coupons, if any.

Upon the termination of this Agreement, we shall have no obligation to disclose any information in your account to you or any third party designated by you, unless expressly provided by laws. After the termination of this Agreement, we still reserve the right to retain all information left by you in the Software in accordance with laws and requirements of regulatory authorities, and to hold you liable for any of your previous breaches in accordance with this Agreement.

Limitation of Liability

Please understand that any of the following circumstances may cause your failure to log in to the Software or our failure to provide the Software and services hereunder to you, to which failures we are not responsible:

Inspection or repair or any website or server in connection with the Software and services hereunder, and update of software or hardware, in each case, whether regular or irregular;

Damage of the server, resulting in its failure to operate normally;

Sudden failure of software, hardware or electronic communication device;

Failure of network lines of network service provider or any other failure;

Necessity to protect national security, public interests or the personal safety of any other third party;

Necessity to comply with any order or requirement of any governmental authority; and

Any force majeure event or other reason attributable to a third party.

With respect to the AI-generated contents in the Software and services hereunder (subject to the actual contents of the Software and services hereunder), you understand and agree as follows:

The AI-generated contents are automatically generated by machine through learning a large amount of underlying training data. We make no representation or warranty whatsoever as to the correctness, accuracy or legality of such contents, and you shall make your own judgment and be solely responsible for any use of or modification to such AI-generated contents;

The AI-generated contents are automatically generated based on the information, data, resource materials and instructions provided by you, and shall not be deemed as our agreement, approval or support of the same;

The generative AI function modules only serve as tools to assist your creation in the Software. Your use of any function or service in connection with generative AI shall not be deemed to create any entrustment, contracting, processing or other civil legal relationship between you and us, other than what are expressly provided in this Agreement; and

You shall ensure that you have obtained the lawful and necessary authorization of the relevant right holders with respect to the information, data, resource materials and instructions provided by you during your use of any generative AI.

YOU UNDERSTAND AND AGREE THAT THE SOFTWARE AND SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS WITH THE CURRENTLY AVAILABLE TECHNOLOGIES AND CONDITIONS. WE WILL USE OUR COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE CONTINUITY, EFFECTIVENESS AND SECURITY OF THE SERVICES HEREUNDER. NEVERTHELESS, WE CANNOT GUARANTEE THAT THE SERVICES PROVIDED HEREUNDER WILL BE FREE FROM DEFECT. IN THIS REGARD, YOU AGREE THAT WE WILL NOT BE DEEMED TO BE IN BREACH HEREOF IN CASE OF ANY DEFECT IN THE SERVICES PROVIDED BY US WHICH IS UNAVOIDABLE GIVEN THE THEN STATE OF THE ART OF THE INDUSTRY, AND THAT YOU AND US SHALL COOPERATE WITH EACH OTHER IN GOOD FAITH TO RESOLVE SUCH ISSUE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DO NOT GUARANTEE THAT THE SERVICES PROVIDED BY US WILL MEET ALL OF YOUR REQUIREMENTS OR EXPECTATIONS.

YOU SHALL USE THE SOFTWARE PROVIDED BY US AND THE GENERATED WORKS IN STRICT ACCORDANCE WITH THIS AGREEMENT. SUBJECT TO YOUR COMPLIANCE WITH ALL AGREEMENTS BETWEEN YOU AND US AND ALL OF OUR RULES, IF ANY THIRD PARTY MAKES ANY CLAIM AGAINST YOU FOR INFRINGEMENT OF SUCH PARTIES’ INTELLECTUAL PROPERTY RIGHTS DUE TO YOUR USE OF THE SOFTWARE OR THE EXISTING WORKS INCORPORATED IN THE GENERATED WORKS, WE WILL PROVIDE NECESSARY LEGAL ASSISTANCE TO YOU, PROVIDED THAT OUR LEGAL LIABILITY TO YOU ARE SUBJECT TO ALL TERMS INCLUDING LIMITATIONS OF LIABILITIES PROVIDED IN THIS AGREEMENT, AND PROVIDED FURTHER THAT SUCH COMPENSATION PROVISION DOES NOT APPLY IF YOU CONTINUE TO USE ANY ALLEGED INFRINGING WORK UPON YOUR RECEIPT OF OUR NOTICE OR YOUR KNOWLEDGE OF SUCH ALLEGATION..

WE WILL NOT BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY INDIRECT DAMAGES AS FURTHER DISCREBED IN ARTICLE XIII. DISCLAIMER.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR COMPENSATION UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE HIGHER OF: (I) USD 10,000 AND (II) THE TOTAL FEES PAID BY YOU TO US FOR YOUR USE OF THE SOFTWARE AND THE SERVICES HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH LIABILITY.

Miscellaneous

This Agreement is a legal agreement between you and us in respect of your Use of the Software and services hereunder. This Agreement shall become effective on the date written first above, or, in the absence thereof, on the date falling seven (7) days from the launch of this Agreement. In addition, this Agreement shall become binding upon you and us upon your ticking of “Agree” (the specific wording shall be subject to that specified on the webpage), with the specific time subject to that recorded in our system.

Even if you do not tick “Agree” (the specific wording shall be subject to that specified on the webpage), any of your following actions may, to the extent reasonable and lawful, be deemed as your acceptance of all provisions hereof:

Clicking to log in to the Software;

Actually Using the Software and services hereunder; or

Actually using any product or service provided by us together with the Software and services hereunder (if any).

The conclusion, effectiveness, performance and interpretation of and dispute resolution under this Agreement shall be governed by the laws of Hong Kong, without regard to its provisions on conflicts of law. Any controversy or dispute between you and us shall be firstly settled through friendly negotiations, fail which, you agree that such controversy or dispute shall be submitted to and finally settled by arbitration, which shall be conducted by the Hong Kong International Arbitration Centre (the "HKIAC") in accordance with the Arbitration Rules in force at the time of submission to arbitration.

In case any part of this agreement is inapplicable or unenforceable in any particular jurisdiction, due to any court order or otherwise, or for any other reason, the remaining provisions of these Terms shall remain in full force and effect.

Our failure to assert any right under or to enforce any provision of this Agreement shall not be construed as our waiver of such provision or of such right.

How to Contact Us

Should you have any questions, complaints, comments or suggestions, please feel free to contact us through the following channel:

Email: contact@rendora.ai

Legal & Compliance