Last Updated on July 27, 2023
1. Your Relationship With Us
These "Terms of Service" (hereinafter referred to as "the Terms") apply to users (hereinafter referred to as "you") and Tenorshare (Hong Kong) Limited (hereinafter referred to as "Tenorshare," "we," or "the Company") to establish the rights and obligations between you and us when you access or use our products. These Terms are legally binding on both parties.
Before you start accessing or using our products, please carefully read and understand all the provisions of these Terms. These terms have a legally binding effect between you and us. If you are under the age of 18, you can only use the services with the consent of your parents or legal guardians. Please ensure that your parents or legal guardians have read and discussed these terms with you.
2. Accepting the Terms
After carefully reading these Terms, you should choose whether to accept them or not. These Terms are supplemented by the "Privacy Policy," and your acceptance of these Terms will be deemed as your acceptance of the "Privacy Policy" as well. Your access or use of our products ("access or use" refers to but is not limited to downloading, installing, launching, browsing, registering, logging in, etc.) will be considered a voluntary acceptance of all the provisions in these Terms. If you are unable to accept all the contents of these Terms or cannot accurately understand our interpretation of the relevant provisions, please do not access or use our products, and promptly uninstall and delete any copies of our products that you possess. Tenorshare reserves the right to seek all remedies in law and equity for any violation of these terms and conditions.
If you have any questions about the content of these Terms, cannot fully or partially accept these Terms, or need to provide feedback to us during your use (including suggestions, complaints, reports, etc.), you can contact us by sending an email to [email protected].
3. Changes to the Terms
We may modify these Terms from time to time in accordance with regulatory changes and the need to protect user rights. We will make commercially reasonable efforts to announce such significant changes to these Terms on our products, or notify you of such changes through email, SMS, or in-app prompts. However, it is your responsibility to regularly review the Terms to check for any such changes. We will also update the "Last updated" date at the top of these Terms, which reflects the effective date of these Terms.
If you do not agree with the changes that have come into effect, you should cease accessing or using our products from the effective date of the changes. The changes will not apply to you. If you continue to access or use our products after the changes have become effective, it will be deemed that you have accepted the changes that have come into effect.
4. Your Account with Us
You are prohibited from sharing your account or registration information and from allowing anyone else to access your account. You are not permitted to buy, sell, rent, or transfer your account. If you fail to comply with any provisions of these Terms or if your account infringes upon the legal rights of any third party or violates any applicable laws or regulations, we have the right to take actions including but not limited to freezing the account, terminating the provision of products or services to the account, or canceling the account.
It is your responsibility to properly safeguard and use your account and password correctly and securely. If you fail to fulfill the above obligations, resulting in the loss of your account or unauthorized access, you shall bear the legal liability arising from it.
You agree to take full responsibility for all activities that occur under your account (both for us and others).
5. Your Access to and Use of Our Services
Users have the right to access or use our products for non-commercial purposes. We hereby grant you a personal, non-transferable, non-sublicensable, non-exclusive, revocable, general-use license.
When accessing or using our products, you must comply with the law and these Terms. During your use, you are prohibited from engaging in the following activities, including but not limited to: Copying, modifying, or creating derivative products (including plugins, unauthorized third-party programs, etc.) without the authorization of the Company; Selling, renting, lending, publishing, or transmitting the software to others in any form; Decompiling, reverse engineering, or exporting the source code of the software without authorization; Developing new products based on our company's products; Providing data processing services, application services, or commercial sharing of products to third parties without authorization; Infringing upon the rights of the Company or the interests of others during the use of the Company's software, in any form or manner without authorization; Engaging in illegal activities or behaviors that violate social order and good customs using our products or services; Infringing upon the legitimate rights and interests of others, such as privacy rights, reputation rights, image rights, intellectual property rights, etc; Engaging in any other unauthorized activities without the authorization of the Company.
The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
6. Intellectual Property Rights
All content contained in our products (including but not limited to trademarks, patents, textual expressions and combinations, images, logos, videos, audios, layout designs, page frameworks, programs, etc.) that are protected by copyright law and other intellectual property laws and treaties are owned by us or licensed to us. You are not permitted to remove our copyright notices or other rights statements from our products. By accessing or using our products, you are only granted a separate license for use, and under no circumstances should your software license be construed as a transfer or sharing of any part or all of our intellectual property rights to you.
Without our written permission, no one, whether for commercial or non-commercial purposes, may copy, distribute, or publish any intellectual property information that belongs to us in any form. We reserve the right to pursue legal liability against infringers.
We assure you that you will not infringe upon any third party intellectual property rights while using our products. If your actions infringe upon the intellectual property rights of any third party, you will be solely responsible for any liability arising from such infringement. When you use our products, once a specific artwork is created and delivered to you, the intellectual property rights existing in that particular artwork will be transferred to you. You will have the freedom to exercise the relevant rights over your artwork.
7. Fee-based Services and Payment Rules
Our products/services may be provided in a fee-based manner. We may currently or in the future charge fees for certain service offerings, and in such cases, the Company will provide clear notifications or guidance on relevant pages. If the service you use requires payment, you have the right to decide whether to use and accept the fee-based service. If you refuse to pay the fees, you will not be able to continue using the service after the fee commencement date. Prior to charging, we will disclose the fee-based service offerings, fee structure, payment methods, and other relevant fee rules. We reserve the right to adjust the fee rules as necessary, and if you continue to use the service after the adjustments, it will be deemed that you have accepted the modified fee rules.
Your payments will be processed through our partnered app stores, third-party payment platforms, or tools. Before making any payment, please carefully read and ensure your full understanding of the rules and regulations of the app store, third-party payment platform, or tool, and complete the payment process only if you fully comply with those rules.
In addition to the above, we have the following rules regarding payments:
1) If the product allows for the purchase of virtual currency, you understand and agree that there may be corresponding rules regarding the purchase of virtual currency within our product. It is necessary to comply with certain usage rules when using virtual currency. Please read the recharge and usage rules carefully.
2) If the product is charged on a subscription basis, we will charge you regularly according to the billing cycle, which may be weekly/monthly/quarterly/annually. If the product is charged based on usage, we will inform you of the fee structure in advance.
3) The product may have an auto-renewal feature, which allows for the automatic renewal of the service based on your needs, avoiding service interruptions due to non-renewal.
4) If you make payments or recharge through the App Store or Google Play, the auto-renewal rules, refund policies, and subscription rules may be subject to the policies of the App Store and Play Store. Please familiarize yourself with the specific rules before making any payments to ensure that you are willing to comply with the aforementioned rules.
8. User Information Protection Policy
Protecting user personal information is one of our fundamental principles. We will take reasonable measures to safeguard user personal information. Unless otherwise required by law, we will not disclose or provide your personal information to third parties without your permission. For more information and details regarding user personal information and privacy protection, we will adhere to the published Privacy Policy to ensure proper protection and regulation. Please refer to our "Privacy Policy" for more information.
9. Limitation of Liability
You acknowledge and agree to the following:
1) While we strive to provide accurate materials and information in all our products, we cannot guarantee their completeness, effectiveness, or reliability. We are not responsible for any damages caused by your failure to use our products correctly;
2) We do not guarantee that our products will fully meet your usage requirements or meet your expectations;
3) We do not guarantee that our products will be uninterrupted, timely, secure, reliable, or free from errors;
4) We do not guarantee that any errors in our products will be corrected;
5) You understand and agree that when using or accessing our products, you may encounter factors beyond our control, such as force majeure events (force majeure refers to unforeseeable, unavoidable, and insurmountable events), including but not limited to government actions, natural disasters (such as floods, earthquakes, typhoons, etc.), network issues, hacker attacks, war, strikes, riots, etc. In the event of force majeure, we will make efforts to repair any issues in a timely manner, but we are not liable for any suspension, interruption, termination of services, or any losses incurred due to force majeure within the limits permitted by law and regulations;
6) We reserve the right, as stipulated in these Terms, to handle illegal or non-compliant content, but this right does not constitute an obligation or commitment on our part. We cannot guarantee the timely discovery of illegal activities or take corresponding actions;
7) Please note that our platform is provided for personal and non-commercial use only. You agree not to use our platform for any commercial or business purposes, and we are not liable for any loss of profits, business losses, reputation losses, or loss of business opportunities incurred by you;
8) We may change, suspend, revoke, or restrict the availability of our products or any part thereof at any time for business and operational reasons;
9) In no event shall our company, shareholders, employees, agents, or affiliates be liable for any indirect, punitive, or incidental losses, including but not limited to (i) loss arising from your inability to access or use our products; (ii) loss caused by the actions or content of any third party; (iii) loss resulting from the use of all or part of the content obtained or generated from our products.
10) Unless otherwise mandated by applicable laws and regulations, our total liability to you, for any reason whatsoever, shall not exceed the fees paid by you to us during your use of our products, if any.
11) These limitations apply to our liability, regardless of whether we have been informed or should have been aware of the possibility of such losses.
12) You are solely responsible for any mobile expenses incurred while accessing or using our products, including but not limited to SMS and data charges. If you are unsure about these charges, you should inquire with your service provider before using the service.
13) YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF TENORSHARE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TENORSHARE OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.
14) TENORSHARE DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY'S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHER'S RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON'T INSTALL AND/OR USE THE SOFTWARE.
10. Applicable Law and Jurisdiction
The formation, effectiveness, interpretation, amendment, supplementation, termination, enforcement, and resolution of disputes regarding these Terms shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. In the absence of relevant legal provisions, commercial customs or industry practices shall be referred to. Any disputes related to your access or use of our products and involving our company should be resolved through negotiation between the parties. Any non-contractual disputes arising from or related to this agreement shall be submitted to the Hong Kong International Arbitration Centre for arbitration and finally resolved in accordance with the valid "HKIAC Arbitration Rules" in effect at the time of submitting the arbitration notice, with Hong Kong as the place of arbitration.
Class Action Waiver: Legal disputes arising from these Terms may only be raised on an individual basis, and you agree not to bring or participate in any class action lawsuits related to disputes with us.
If any provision of these Terms is deemed invalid, unenforceable, or non-binding, it shall not affect the validity and enforceability of the remaining provisions. If any provision of these Terms is deemed invalid or unenforceable in accordance with Chinese laws and regulations, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If it is not possible to restore the effectiveness of such provision through modification, it shall be deemed as omitted.
Our failure or delay in exercising any right under these Terms shall not be deemed as a waiver of that right, and we reserve the right to exercise such right at any time.
Even after the termination of these Terms, we may still hold you liable for your past actions in accordance with these Terms.
11. Supplementary Provisions
When accessing or using our products, any other relevant agreements besides these Terms, together with these Terms, constitute the overall agreement governing your use of this website and related services, and have equal legal effect.
The service descriptions, pricing details, and order pages that you confirm and agree to on the relevant pages of our products are an integral part of these Terms and have equal legal effect. In the event of any inconsistencies between the aforementioned provisions and these Terms, the service descriptions, pricing details, and order pages on the relevant pages shall prevail.
Without our written consent, you may not transfer any rights or obligations obtained through these Terms in any manner. To the extent permitted by law, we may transfer our rights and obligations without your consent.
You agree that we may provide various notices to you through announcements on our website or partner websites, email, SMS, or notifications within the product. Notices made by publication on the website are deemed delivered upon publication. Notices sent by email or SMS are deemed delivered upon sending. Notices made through in-product notifications are deemed delivered when you continue to use the product after the update. Notices may have significant implications for your rights and obligations, so please pay attention to them in a timely manner. We are not responsible if you do not receive such notices on the same day they are issued due to changes in your contact information or failure to check them promptly.
All provisions related to confidentiality, proprietary rights, indemnification, and limitation of liability shall remain valid even after the termination of these Terms.
The titles of the provisions in these Terms are for the convenience of reading and do not have any substantive meaning. They cannot be used as a basis for interpreting the meaning of these Terms. We reserve the ultimate right to interpret these Terms.
You can contact us through the following methods:
1) Send an email to [email protected]
2) Submit an online form at https://support.tenorshare.com/#/
