Terms of Use

Published on Aug. 1st, 2023.

Effective as of Aug. 1st, 2023.

Introduction

These Terms of Use (the "Terms") govern your use of and access to the applications, websites, products, and services (collectively, the "Services") which Shiniest International (HK) Technology Limited(the "Company", "we" or "us") provides.

Please carefully read and fully understand the Terms before you start using and accessing the Services, especially the terms involving the exclusion or limitation of liability, licenses, rights of information using, and governing law and dispute resolution. Important contents may be in bold. Please read them carefully. If you choose to agree with the Terms or access the Services, you are deemed to have fully understood the Terms and agreed to be bound by the Terms. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE SERVICES.

If you are under 16, you must not use the Services unless your guardian agree on these Terms.

Services

Access

You may access the Services by visiting our websites or downloading links that we send to your email address when you purchase or subscribe to the Services. If you use or access services by any means other than the interface we provide or authorize**, we cannot guarantee the quality of such services,** nor can we be liable for any losses you suffer arising from such services.
You must have your terminal device (such as computers and mobile phones) ready to use or get access to the Services. Once you open or visit one of our websites, you are using and accessing the Services. You may need to connect your terminal device to the network when using some features of the Services. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, and data plan charges). We are not responsible for these fees.

Updates and Changes

To better improve the user experience and our Services, we will, from time to time, provide updates or changes to the Services, including but not limited to software modifications, upgrades, function enhancements, development of new services, and replacement. You can choose whether to update according to your needs. If you choose not to update, some features of the Services will be limited or may not work properly.
We may designate a version or a feature of the Services as a beta version ("Beta Version"). A Beta Version does not represent the final product and may contain bugs that may cause system or other failures and data loss. We may choose not to release a commercial version or a Beta Version. You must promptly cease using the Beta Version and destroy all copies of the Beta Version if we request you to do so. In exchange for your use of a Beta Version, you agree that we may collect data regarding your use of the Beta Version to improve our products and personalize your experience, regardless of whether or not you have opted out of data collection for non-Beta Versions. If you do not wish to have your usage tracked, you must stop your use of the Beta Version by uninstalling it.
We may unilaterally designate our affiliates or third parties recognized by us to continue to operate the Services. Certain features of the Services may be provided by our affiliates or third parties recognized by us.

License and Subscription

Subject to your compliance with the Terms and the applicable laws, the Company grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to lawfully use basic and free features of the Services. This license may include a right to load copies of an application and related documentation of the Services into your terminal device and run it, but shall not include the right to rent the Services to third parties, or adapt or load the Services into a cloud space (or a similar platform) for use by third parties.
You understand and agree that we will charge you for some features that you choose to use. You agree that your decision to use or purchase the features of the Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features. You may use the Services without paying, but some features may not be available.
You understand and agree that the Company have the right to establish, at its sole discretion, the standards and rules for charging for all functions and services (the "Rules"). These Rules will come into effect as soon as they are issued. Based on the actual situation, the Company also has the right to modify the rules and to charge you for partial services that were free of charge. Prior to the implementation of the above modifications, the Company will send a notice to you or make a post on the relevant service page. If you do not accept these Rules, you are entitled to stop using the Services.
If you subscribe to our cloud storage service ("Could Service"), we recommend that you regularly back up your content elsewhere. We may impose reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Cloud Service to you until you are within the storage space limit associated with your account. When your subscription to the Cloud Service ends, we may use commercially reasonable efforts to allow you to transfer your content out of the Cloud Service. We may offer you a 90-day transition period from the end date of your subscription. If you are an annual user of the Cloud Service, we may offer you a 180-day transition period. When the transition period ends, we reserve the right to delete all the content you store on the cloud space. You should download all content stored in the Cloud Service before your subscription ends.
We reserve all rights not granted to you under the Terms. You must obtain our written permission before exercising such rights. Our failure to exercise any right is not a waiver of the right.

Interruption, Discontinuance, and Termination

You understand and agree that the Services are provided "AS-IS." We will use reasonable efforts to ensure the consistency and stability of the Services. You understand that, notwithstanding our reasonable efforts, the Services may contain defects, errors, or even viruses; and our provision of the Services also depends on the situation of your terminal device, including the conditions of hardware, system and network connections, and other factors that we cannot control. We are not responsible for the compatibility between the Services and your terminal device, and cannot foresee and prevent legal, technical, and other risks at any time or at all times, resulting from force majeure, network, third-party service defects, third-party websites, and other reasons, that may cause service interruptions and other losses and risks.
You understand and agree that we may, as appropriate, modify, interrupt, suspend or terminate certain features of the Services for the sake of operation and security.
Upon expiration or termination of the Terms, we may stop providing some or all of the Services without prior notice to you. The relevant terms of your indemnification obligations, our disclaimers of warranties and limitations of liability, and dispute resolution in the Terms will continue in full force and effect.

Business Service

If you are an organization or a group, including but not limited to a business or any other commercial entity, government entity, non-profit organization, or educational institution (each, a "Business"), you may enter into a separate agreement with us or subscribe specific features of the Services (the "Business Service"). All references to "you" in this section will mean such Business. You may designate specific personnel to access and use the Business Service by opening corresponding authorized accounts (each, an "Authorized Business Account").
You shall promptly update the list of Authorized Business Accounts and take reasonable steps to restrict unauthorized personnel from accessing and using Authorized Business Accounts. Any use of your Authorized Business Account is deemed yours.
When you open Authorized Business Accounts, you may need to provide us with the personal information of relevant personnel. You shall ensure that the personal information you provide to us is legally obtained by you and you have the right to provide it to us.
You shall require your personnel to use Authorized Business Accounts in accordance with the Terms and only for the purpose for you. You shall be responsible for any use for purposes other than you. You shall indemnify us and keep us free from any loss or liability as a result of any claim made by your personnel in their name(s).

Account

We may enable you to log in to the Services with a third-party account.
You understand and agree that we will assign a server of a certain region to your account based on your IP address when you first register. After that, whenever you need to access a server, no matter where you are, you will access a server in the same region as when you first registered. If you want to switch the region of the server you access, you need to recreate a different account in that region.
We reserve the right to review the account information you submit**. Your** account is limited to your own use. Without our written consent, you must not allow others to use your account by any means (such as donating, renting, transferring, selling, and licensing), or use others' accounts by any means (such as borrowing and renting). If we discover or have reasonable grounds to believe that a user is not the initial registrant of an account, for the security of the account, we may immediately suspend or terminate the provision of Services to the account, or permanently disable the account.
In any case, any activity which is conducted from your account will be deemed as your activity. You are responsible for all activity that occurs via your account even if that activity is not conducted by you or is otherwise conducted without your knowledge or consent. You shall be responsible for and attach great importance to the security and confidentiality of your account information. You shall not disclose your account information to others under any circumstances. Please notify us immediately if you become aware of unauthorized use of your account or any other security issues.

Privacy

We are committed to the protection of your personal information. We will protect your right to access, modify, delete relevant personal information, and withdraw authorization in accordance with applicable laws, and will use technical and other security measures that match the Services to protect your personal information. You understand and agree that for security and identification reasons (such as for providing an account information retrieval service), you may not be able to modify the initial registration information and some verification information. For information about how we collect, use, and store your personal information when you use or access the Services and how you can exercise your personal information protection rights, please see our Privacy Policy.

Your Content

"Content" means any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import into, or create with the Services in connection with or through your use of the Services. You shall not use the Services to create, edit, copy, input, upload, transmit, share, or otherwise process the Content (1) prohibited by any applicable law, or (2) infringing any third-party rights (such as intellectual property rights, trade secrets, and personality rights). We may remove or restrict access to the Content violating the Terms. Please note that we do not review all your Content. Our failure to remove or restrict access to certain Content does not mean our recognition of such Content.
We may provide the functionality that allows you to share your Content with other users or make it public. You can choose to use or deactivate this functionality at your own discretion. "Sharing" means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services. Please note that others may use, copy, modify, or re-share your Content in many ways if you choose to use this functionality. Please carefully consider what you choose to share or make public as you are responsible for the Content that you share.
If you submit feedback to us (such as ideas, suggestions, proposals, and bug or crash reports), you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the feedback.

Specifications

You must not misuse the Services. Misuse of the Services includes, but is not limited to:

use the Services without, or in violation of, a written license or agreement with us;
copy, modify, host, stream, sublicense or resell the Services;
enable or allow others to use the Services using your account information;
offer, use, or permit the use of the Services in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;
access or attempt to access the Services by any means other than the interface we provide or authorize;
circumvent any access or use restrictions put into place to prevent certain uses of the Services;
share any Content that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another's privacy, hateful, or otherwise objectionable;
share any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other our users, or the public;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to disable, impair, or destroy the Services;
upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services;
disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm);
engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent activities, or other unsolicited messages;
place an advertisement of any products or services in the Services except with our prior written approval;
use any data mining or similar data gathering and extraction methods in connection with the Services, including data scraping for machine learning or other purposes;
artificially manipulate or disrupt the Services;
create accounts for the purpose of violating the Terms or for circumventing account termination or other types of actions taken by us;
manipulate or otherwise display the Services by using framing or similar navigational technology;
infringe third party's rights and interests (such as intellectual property rights, reputation, name rights, and privacy) under applicable laws, when using the Services (such as uploading text, pictures, videos, audio, and links); and
violate applicable laws.
1. You must not, under any circumstances, use any of our trademarks, service marks, trade names, domain names, website names, or other distinctive brand features (collectively, the "Marks"). Without our prior written consent, you shall not, in any way, alone or in combination, display, use the Marks, or apply for a trademark, or a domain name containing or similar to the Marks, nor may you express or implied that you have the right to display, use, or deal with the Marks. You shall be responsible for using the Marks in violation of the Terms and any related losses to us or others.

Third-Party Software and Services

The Services allow you to gain access to and use third-party applications by calling third-party APIs (e.g. you may use the browser addon of the Services to extract URLs of images for the purpose of local access and management; and you may link any third party AI software to produce content locally). You understand and agree that we disclaim any warranty of the security, accuracy, integrality, functionality, legality or non-infringement of the third-party software and services. You understand and agree that such calling may have other uncertain risks, and we are not liable to you or any other person for any disputes, losses or damages therefrom.
You shall comply with both these Terms and the Terms of Use of the third-party software and services, and shall not misuse the third-party software and services, when you use such third-party software and services. You understand and agree that we are not liable to you or to any other person for disputes, loss of profit, loss of revenue, loss of business, loss of data, reputational damages, any special, incidental, indirect, consequential, moral, exemplary, or punitive damages arising out of or in connection with your use of or access to the third-party software and services.

Acquisition and Use of Points

You understand and agree that you should obtain and use the Points of Found in accordance with the Rules for Use of Points and the Points Purchase Agreement (if applicable) that you signed with the Company.

Liability for Breach of the Terms

For your violation of the Terms, or any applicable laws, or your infringement of others' legitimate rights and interests, we may unilaterally judge and take measures including warning, restricting your access to part or all of the Services, and terminating your account permanently. We are not responsible for your inability to use relevant Services or to obtain the assets or other rights and interests associated with your account under this term. We may announce the results and decide whether to restore the account and relevant Services according to actual situation. We may not recover deleted Content.
For suspected violations of applicable laws, we may keep relevant records and report to competent departments and public security organs. We may cooperate with competent departments in investigations.
If your violation of the Terms causes a third-party complaint or claim, you are solely responsible for all liabilities that may arise therefrom.
You will indemnify us and our subsidiaries and affiliates from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to your use of the Services (as applicable), or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter.

Limitation of Liability and Disclaimers of Warranties

Unless otherwise agreed, to the fullest extent permitted by applicable laws, we are not liable to you or any other person for loss of profit, loss of revenue, loss of business, loss of data, reputational damages, any special, incidental, indirect, consequential, moral, exemplary, or punitive damages arising out of or in connection with your use of or access to the Services.
Unless otherwise expressly provided by applicable laws, our total liability to you, in any matter arising out of or related to the Terms is limited to the amount (if any) that you paid for access to the Services during the last twelve months from the date when the liability incurs.
You understand and agree that we disclaim all warranties of merchantability, and fitness for a particular purpose. The Services may be affected or interfered with by a variety of factors, and we further disclaim any warranty that (including but not limited to):

the Services will meet your requirements;
the Services will be constantly available, uninterrupted, timely, secure, or error-free;
the quality of the Services will meet your expectations; and
any errors or defects in the Services will be corrected.
1. If you share your Content through the Services, you understand and agree that we are not responsible for:

any loss, corruption, or damage to your Content;
the deletion of your Content by anyone other than us; or
the inclusion of your Content by third parties on other websites or in other media.
1. If there is any suspected loan, investment, financial management, or other property-related information, advertising, or promotion, please treat it at your own discretion and risk. We are not responsible for any direct, indirect, incidental, special, derivative, or punitive damages, or any loss of profits, business reputation, data, or other tangible or intangible assets, that you suffer therefrom.
2. "Force Majeure" refers to objective events that cannot be foreseen, overcome, and avoided, including but not limited to government actions, act of god or natural disasters (such as floods, earthquakes, and typhoons), network reasons, wars, strikes, and riots. You understand that when using the Services, you may encounter Force Majeure. We will strive to recover the Services in a timely manner, but we are exempted from liability for the suspension and termination of the Services, or any loss caused by Force Majeure to the extent permitted by applicable laws.
3. We may deal with illegal content in accordance with the Terms, which does not constitute an obligation or commitment of us. We will not guarantee timely detection of illegal acts or corresponding treatment.
4. You understand and agree that the Terms are designed to ensure compliance with applicable laws and protect the rights and interests of you and others. You understand that we will do our best to judge in accordance with applicable laws, but do not guarantee that our judgment is completely consistent with that of judicial and administrative organs. You agree that you accept the results of our judgment under this term.
5. We may adjust information content or links to information lawfully obtained, or other services lawfully operated by us and our affiliates, but we will not improperly increase the information we collect from you. You understand and agree that when you use the services provided by third parties, in addition to complying with the Terms, you shall also comply with the terms of third parties. Any dispute, loss, or damage arising from your use of the services of a third party shall be resolved by you and the third party, and we shall not be liable to you or any third party for this.

Minors

If you are a minor user, you and your guardian understand and confirm that if you violate applicable laws and the Terms, you and your guardian shall be responsible for all liabilities.
If you are a minor user (i.e, at an age below 16), you and your guardian shall carefully read and understand the Terms. You should obtain your guardian's consent before using or accessing the Services. If you are a minor's guardian, and you find the minor using or accessing the Services without your consent, you shall promptly notify us through the contact information in Article 11.2, and we may restrict certain features/functions of the relevant account such as browsing and publishing information and interactive communication.
If you are a minor's guardian and the minor use and access our Services with your consent, you shall guide and supervise the access and use by the minor. You agree that any access and use of the minor is under your consent. The minor may make payment when using certain features of the Services. Please carefully control your payment device, account, and password, to avoid the minor from making a payment without your consent.
To better protect the privacy and interests of minors, please kindly note that you shall carefully publish content containing minors. Once you published, it is deemed that you have obtained the consent of the right holder, which allows you to display such minors' portraits, voices, and other information in the Services, and allows us to use and process such content under the Terms.

Miscellaneous

The Terms are governed by the laws of Singapore. Any dispute arising out of or in connection with the Terms, including any question regarding the existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three arbitrators. The language of the arbitration shall be English.
You can send an email to support@aalab.com to contact us. We highly recommend you use the email address associated with your account to contact us so that we can verify your identity or locate your issue more quickly.
To provide you with better services or due to changes in facts such as applicable laws, policy, technical conditions, and features, we may amend the Terms from time to time. We will use commercially reasonable efforts to notify you of material changes to the Terms through appropriate means such as the official website announcement and user message. However, you should look at the Terms regularly to check for such changes. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. You must stop accessing or using the Services if you do not agree to the new Terms.
Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.
You and the Company are independent subjects and in no event does the Terms constitute any form of warranty or condition of the Company to you, nor does it constitute an agency, partnership, joint venture, or employment relationship between you and the Company.
Our failure to enforce any provision of the Terms shall not constitute a waiver of the rights set forth in that provision.