User Service Agreement

1. Confirmation and Acceptance of Service Terms

The ownership, copyright and operation right of Kwai APP (and the website (”Kwai APP”) as well as products and related software involved belong to Beijing Kwai Technology Co., Ltd. and its affiliates (collectively referred to as “Kwai Company”). Kwai Company has the right to supervise, remind, inspect, correct and punish all the activities, contents and user behaviors on Kwai APP. Users are deemed to reach an agreement with Kwai Company and voluntarily accept all contents hereunder if they read the Service Terms via the application and click “I Agree” button to create an account. Kwai Company hereby reminds users to carefully read and fully understand the User (Kwai APP and Service Agreement (“the Agreement”). Users shall carefully read and fully understand the terms hereof, including those that exempt or restrict Kwai Company’s responsibility and those that restrict users’ rights. Please carefully read this Agreement and decide whether to accept it. Juveniles shall read this Agreement in the company of their statutory guardian(s).

Users have no rights to download, install or use Kwai APP software, products and related services unless they accept all the terms contained in this Agreement. Users will be deemed to accept the Agreement and agree to be bound by the terms hereunder if they download, install and use Kwai APP software, products and related services, register an account, log in or take other actions.

This Agreement is subject to update at any time by Kwai Company and the updated terms shall replace the original ones once published which will be notified via private messages or announcements. Users may also read the up-to-date terms or corresponding supplementary terms by re-downloading and reinstalling the software or through APP and the website. Kwai Company has the right to immediately stop users’ use of related software and service if users do not accept the terms of the Agreement revised by Kwai Company. Users will be deemed to accept the revised terms if they continue to use the software and service provided by Kwai Company.

Unless expressly stated in this Agreement, related service terms for other services from Kwai Company or partners used on the Software are not specified herein. Generally, there will be separate service terms for these services and users shall further understand and confirm the terms when using corresponding service. The separate service terms shall prevail in case of any conflict between the separate service terms and this Agreement. Users are deemed to accept the corresponding service terms if they use the service.

2. Contract Party

This Agreement is entered into by and between users and Kwai Company regarding the registration and login of Kwai APP as well as the use of Kwai platform service, which has contractual effect on users and Kwai Company.

Kwai platform operators refer to various legal subjects operating Kwai platform of Kwai Company. Users may check the license information published at the bottom of the homepage of Kwai platform website at any time to determine the parties performing this Agreement with users. Under this Agreement, Kwai platform operators may subject to change according to the business adjustment of Kwai platform and the changed Kwai platform operators perform this Agreement with users and provide services for users. The change of Kwai platform operators will have no influence on users’ rights and interests under this Agreement. New Kwai platform operators may be added when new Kwai platform services are provided. Users are deemed to agree that the added Kwai platform operators perform the Agreement with them if they use the new Kwai platform services. In case disputes arise, users may determine the performing parties and dispute counterparts based on the specific service they are using and the specific behavioral object that has influence on their rights and interests.

3. Service Registration and Use

3.1 Kwai Company uses its own operating system to provide various services for users through the Internet. Users must:

  1. 1) Provide devices, including a personal computer, a modem and Internet connection devices;
  2. 2) Connect with the Internet individually and pay telephone bill relating to the service.

3.2 Given the nature of products and services provided by Kwai Company, users agree to:

  1. 1) Provide authentic, timely, adequate and accurate personal information;
  2. 2) Constantly update the registration information to meet the requirements for authenticity, timeliness, adequacy and accuracy. All information that has been originally entered will be considered as registration information.

3.3 User Qualifications

Anyone under the age of 13 shall not use the Kwai APP. If the user is a parent, he/she shall not allow his/her child under the age of 13 to use Kwai APP.

If such user learns that his/her child under the age of 13 has registered for a Kwai APP account, he/she may alert Kwai Company at Kwai Company will promptly take steps to remove such child’s account information from the Kwai APP and terminate the child’s account.

3.4 Account Registration

When users fill in information by following the instructions on the registration page, read and agree to this Agreement, and complete all the registration procedures, they will obtain an account of Kwai platform and become a user of the platform.

Users are entitled to log on to Kwai platform through the Kwai user name (Account Name) set or confirmed by users and the password set by users (account name and password are collectively referred to as Account).

A user’s Kwai Account can only be used by himself/herself as the Account is connected to his/her personal information and Kwai platform’s commercial information. Users shall be solely liable for all the consequences resulting from directly or indirectly authorizing a third party to use their Kwai Account or obtain information under their Account without the consent of Kwai platform and Kwai platform bares no liability for this. However, Kwai platform may refuse to offer services or terminate this Agreement if it judges that the use of users’ Kwai Account is likely to jeopardize the safety of users’ Account and/or Kwai platform information.

As users’ Account is associated with users’ credit information, users may transfer their Account to the extent expressly permitted by law or judicial adjudication or consented by Kwai and subject to the user account transfer processes as prescribed by Kwai platform rules. Once users have transferred their Account, the rights and obligations under the Account are also transferred. Apart from this, users’ Account may not be transferred in any way. Otherwise, users shall assume all the liabilities arising therefrom.

As a Kwai platform operator, Kwai may require users to complete real name authentication according to Kwai platform requirements and the provisions of Chinese laws in order to enable users to better use the services of Kwai platform and guarantee the safety of users’ Account.

3.5 Account Safety and Management

Kwai Company reminds users that they must abide by national policies and laws, including criminal law, national security law, confidentiality law, regulations for safety protection of computer information systems, etc, and safeguard state interests and national security when using software, products and services from Kwai Company. Users shall assume all liabilities for illegal use of the Internet, Kwai Company’s software, products and services and shall indemnify Kwai Company for any losses arising therefrom.

A user’s Account should be set and kept by himself/herself, and Kwai will not ask users to provide their Account password at any time. Therefore, users are advised to take care of their Account, and ensure to log out and leave Kwai platform by following the right steps at the end of each Internet access session.

If users proactively notify Kwai platform and ask Kwai platform to take measures to suspend the login and use of users’ Account, Kwai platform shall request users to provide valid personal identity information that is consistent with the registered identity information and verify the information. Otherwise, Kwai has the right to refuse users’ foregoing request. Kwai platform shall take measures promptly to suspend the login and use of users’ Account if the valid personal identity information provided by users is verified to be consistent with the registered identity information. Kwai platform has the right to refuse the above request of users if users fail to provide valid personal identity certificate or the valid personal identity certificate provided by users is not consistent with that registered.

Users shall be solely liable for the losses and consequences caused by revealing their Account or being attacked and swindled by others. Kwai assumes no responsibility for this. Users shall seek recourse against the tortfeasor through judicial and administrative remedies.

A user’s account can only be used by himself/herself who may not lend, give away or rent the Account or transfer, sell or share the Account in violation of the prescribed procedures. Users shall notify Kwai platform immediately when their Account is used without authorization. Otherwise, the unauthorized use will be treated as the act of users who shall be solely liable for the losses and consequences arising therefrom.

Users shall be liable for the consequences of all the acts including but not limited to online signature of various agreements, release of information, purchase of commodities and services as well as disclosure of information under the user account except that Kwai is at fault.

Users are advised to notify Kwai immediately if any unauthorized uses of the user account to login to Kwai platform or other situations that may lead the user account to be stolen or lost are noticed. Users understand that Kwai needs reasonable time to take actions on users’ requests and that the actions taken by Kwai in response to users’ requests may be unable to avoid or prevent the formation or deterioration of infringement consequences. Kwai assumes no responsibility except that Kwai is at fault.

If a user’s account is not logged in for a long time, Kwai has the right to close, retrieve or replace the account, delete all records (including but not limited to registration information, virtual gifts, etc.) of the user account in Kwai platform database or take other cleanup measures. Accordingly, the user account cannot be logged in to any of Kwai platforms and corresponding services are also terminated. Kwai will notify users in ways including but not limited to popup windows, website announcements, site notices and client notifications before cleaning up such accounts.(Tips: accounts will expire in six natural months, i.e. the original information of a Kwai APP account will be completely blocked or lost if the account is not in use for successive six months, which shall be fully understood and agreed by users who shall use Kwai APP at least once within six months in order to ensure successful login and validity of the accounts.

You shall not use Kwai APP to conduct any forms of money laundering. Kwai will closely monitor such acts and investigate the abnormal transfer of a huge amount of virtual assets and Kwai has the right to block the accounts. Kwai also has the right to cooperate with competent authorities to conduct investigation and evidence collection of money laundering activities by providing the identity information of involved accounts and the transaction records of associated accounts.

It is illegal to embezzle other users’ account or harass others through network communications. Users shall not steal other users’ account or harass other users through test, fraud or any other illegal means.

4. Use Rules of Live Video Functionality

4.1 Users must provide Kwai with valid and authentic identity information including but not limited to name, ID number and cell phone number when applying to subscribe to live video functionality. In case the identity information provided by users is not authentic, Kwai has the right to stop offering them live video service without any notice, or block and retrieve the accounts without bearing any legal liabilities to the account users. Losses including but not limited to communication outage and clearing of user data and virtual items arising therefrom shall be solely borne by users.

4.2 Users shall bear all the responsibilities when they have any misconduct or violate laws and regulations as well as related operation rules of Kwai or infringe the legitimate rights and interests of a third party in their use of live video service. In this regard, Kwai does not need to assume any liability. Users shall indemnify Kwai for damages caused by their acts.

4.3 Users shall not use the live video functionality to send or transmit sensitive information and information in violation of national legal systems, including but not limited to information:

  1. 1) Opposing the basic principles defined by the Constitution;
  2. 2) Endangering national security, divulging state secret, subverting state power, and undermining national unity;
  3. 3) Harming national honor and interests;
  4. 4) Inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;
  5. 5) Undermining national religious policies and promoting cults and feudal superstition;
  6. 6) Spreading rumor, disturbing social order and undermining social stability;
  7. 7) Spreading obscenity, eroticism, gambling, violence, homicide and terror or instigating the crime;
  8. 8) Insulting or slandering other people and infringing other people's legal rights and interests;
  9. 9) Works not created by users themselves which may involve copyright disputes;
  10. 10) Containing other content prohibited by laws and administrative regulations.

4.4 Users shall understand and undertake not to engage in the following prohibited activities with Kwai platform services or allow anyone to use their account for the following:

  1. 1) Impersonate others or organizations, falsely claim to be connected with any one or entity, including setting false account name or accessing the account of another user, or maliciously use the registered account to mislead other users when registering an account or using Kwai platform services including but not limited to uploading, publishing and transmitting information;
  2. 2) Forge titles or otherwise manipulate content so that others mistakenly believe that the content is transferred by Kwai;
  3. 3) Upload, publish, e-mail or otherwise transfer the content which users have no right to transfer, such as internal materials, confidential materials, content infringing anyone’s patent, trademark, copyright, business secret or other proprietary rights;
  4. 4) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized “spams”, advertisements, publicity materials, promotional materials or any other commercial communications;
  5. 5) Use Kwai platform services for any commercial purposes or for the benefit of any third party without Kwai’s express permission;
  6. 6) Track or otherwise harass others;
  7. 7) Engage in any illegal or potentially illegal (at the discretion of Kwai) activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or defrauding;
  8. 8) Gamble, provide gambling information or entice others to engage in gambling through any method;
  9. 9) Use or exploit any of Kwai’s intellectual property rights (including Kwai’s trademark, brand, logo, any other proprietary information or the layout or design of any page), or otherwise infringe on any of Kwai’s intellectual property rights (including attempting to reverse engineer Kwai platform’s client or software used);
  10. 10) Access Kwai platform services and collect or process content made available through Kwai platform services by using any automatic program, software, engine, Web crawler, Web page analytics tool, data mining tool or similar tools;
  11. 11) Engage in any “framing”, “mirroring” or other technologies directed at simulating the appearance or function of Kwai platform services;
  12. 12) Interfere with or try to interfere with the access of any user or any other party to Kwai platform services;
  13. 13) Intentionally distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, Kwai platform services, servers and networks connected with Kwai platform services;
  14. 14) Share or publish any other person's personally identifiable information without their express consent;
  15. 15) Probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on Kwai platform services, systems or other users’ systems;
  16. 16) Decompile, reverse compile or reverse engineer any of software used by Kwai platform services or seek to do any of the foregoing;
  17. 17) create multiple accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information;
  18. 18) Engage in any actions undermining the fairness of Kwai platform services or other actions disturbing the normal order of the application, such as proactive or reactive score cheating, collaborative cheating, using plug-ins, other cheat software or bugs to obtain improper illegal interests, or leveraging the Internet or otherwise to bring plug-ins, cheat software and bugs to the public;
  19. 19) Engage in any commercial activities such as advertising or selling commodities, or engage in any activities that infringe the interests of Kwai platform;
  20. 20) Release any words with “Kwai” brand such as “in partnership with Kwai” and “co-produced with Kwai” via any channel or media including but not limited to We Media. Users can only mention the programs themselves in propaganda rather than mentioning their relationship with Kwai or making promotions with “Kwai” brand without authorization in their propaganda and promotion of collaboratively produced programs. Users must secure the written approval of Kwai’s corresponding collaboration department for any of their publicity articles containing “Kwai”. Otherwise, users shall indemnify Kwai for all losses arising therefrom;
  21. 21) Intentionally or unintentionally violate any related laws, regulations, rules, articles and other norms with legal effect in China.

4.5 Users must abide by the following principles in their use of the live video service:

  1. 1) Comply with related laws and regulations in China;
  2. 2) Do not use the live video service for any illegal purpose;
  3. 3) Observe all the agreements, provisions and procedures relating to Web service and live video service;
  4. 4) Do not use the live video system to engage in any activities that adversely affect the normal operation of the Internet;
  5. 5) Do not use the live video service to transmit any information that is harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information;
  6. 6) Do not use the live video service system to engage in any activities that is detrimental to Kwai Technology Development Co., Ltd.

5. Modifications of the Service Terms

Kwai Company will modify the service terms as required by changes in national laws and regulations as well as in Kwai platform services or if necessary. Once the service terms are changed, the company will prompt changes on the page before the user enters the next step. Users shall click “I Agree” button if they agree to the changes. If users do not accept the changes, they shall stop using Kwai platform services after the effective date of changes; users are deemed to accept the changes if they continue to use Kwai platform services after the changes take effect.

5.1 For continued use of Kwai APP services, users are expected to confirm the following two aspects:

  1. 1) Firstly, confirm Kwai APP service terms and its changes;
  2. 2) Agree to accept all the restrictions from the service terms.

5.2 Kwai Company reminds users that Kwai Company has the right to modify or suspend the services without any notice to users in order to protect the company’s autonomy of business development and adjustment and that Kwai company is not responsible for users or any third party when exercising the right to modify or suspend the services. Only users agree to this clause can Kwai Company starts to provide services for users.

6. Disclaimer of Warranties

Users expressly agree that they use the mail service at their own risk. The mail service is provided free of charge only for the purpose of communication with users. Kwai Company disclaims all warranties of any kind, express or implied.

Kwai Company does not make any warranty that the services can certainly meet users’ demands, or that the services will be uninterrupted, timely, secure or error-free; Nor does Kwai Company make any warranty as to the accuracy, timelessness and successful transfer of information.

Users understand and accept that any material download or otherwise obtained through Kwai Company’s software, product and service is at user’s own discretion. And that they will solely undertake all risks and responsibilities arising from system damage or information loss. Kwai Company does not make any warranty regarding any software, product, service purchased or obtained through Kwai APP or any transactions entered into through Kwai APP. No advice or information, whether oral or written, obtained by users from Kwai Company shall create any warranty not expressly made herein.

Users shall not announce to the public that Kwai Company makes warranties of any kind for users. Otherwise, if users are found to make such an announcement, Kwai Company has the right to stop offering services to users and ask users to indemnify Kwai Company for losses arising therefrom.

7. Limitation of Liability

Kwai Company shall not be liable for any direct, indirect, incidental, special, and consequential damages arising from improper use of Kwai APP software, product and service, purchase of commodities or similar services on Kwai APP or corresponding websites created by Kwai Company, illegal use of the services, or not promptly updating the registration information when the information transferred by users is changed. If the foregoing actions cause damage to Kwai Company or a third party, users shall assume responsibilities in accordance with law and indemnify Kwai Company which may safeguard legal rights on its own or assisting the third party with all information provided by users.

8. Prohibited Commercial Behaviors

Unless approved by Kwai Company, users undertake not to use services from Kwai Company to engage in sales or other commercial activities on Kwai APP or related websites without the written consent of Kwai Company. In case users violate this Agreement, Kwai Company will legitimately hold users responsible for the breach and has the right to claim compensation for the loss, if any, caused to Kwai Company.

9. Liabilities

Users agree to safeguard and maintain the interests of all members of Kwai Company, and be liable for the payment of attorney fees, litigation costs, notary fees, appraisal costs and enforcement fees resulting from users’ violation of the service terms or correction of users’ violations, as well as compensation fees for damages arising from violation of the service terms and recourse costs due to other people’s use of users’ computer, account and other intellectual properties. In case a user’s password and account are used without authorization, the user shall undertake all responsibilities and consequences arising during the period of unauthorized use except if caused by Kwai Company’s negligence.

If a third party asserts rights against Kwai and/or its affiliates due to users’ behaviors, Kwai and/or its affiliates may claim compensation from users for all losses after fulfilling payment and other obligations to the third party.

Kwai undertakes the obligations in accordance with relevant laws, but has no responsibility for damages incurred by users due to maintenance or connection failure of information network equipment, failure of computer, communication or other systems, hacker activities, computer viruses, power failure, strike, revolt, fire, flood, storm, explosion, war, act of government, order of judicial and administrative authorities or third party reasons.

Kwai controls and provides Kwai platform services with facilities in the People’s Republic of China, and thus makes no warranty that the services controlled or provided are appropriate and feasible in other countries or regions. Users who use Kwai platform services in other jurisdictions shall ensure that they comply with local laws and regulations. Kwai assumes no responsibility for this.

10. Termination of Services

10.1 Users or Kwai Company may terminate the services at any time based on actual situation. Kwai Company shall not be liable to any user or third person for service termination at any time. Users have the following options in case they oppose any suggestion of the service terms, disagree with subsequently revised terms, or feel dissatisfied with Kwai Company:

  1. 1) Stop using services from Kwai Company and/or Kwai APP;
  2. 2) Terminate users’ qualification to use services from Kwai Company and/or Kwai APP;
  3. 3) Notify Kwai Company in writing of stopping users’ services.

10.2 Users’ rights to use the services from Kwai Company are terminated immediately once users’ services are suspended, and Kwai Company undertakes no obligations to users any more from then on.

11. Notice and Delivery

Users agree that Kwai issues various notices to users in the following reasonable ways:

  1. (1) Published documents;
  2. (2) Site notices, popups, messages pushed through the client;
  3. (3) E-mails, SMSs and mails sent via the contact information provided by users on Kwai platform.

Notices sent to users in the foregoing ways shall be deemed as delivered when they are successfully delivered by Kwai; written notices sent with papers shall be deemed as delivered on the fifth natural day from its dispatch to the address provided.

For any disputes arising from transactions on Kwai platform, users agree that judiciary authorities, including but not limited to people’s court, may deliver legal documents, including without limitation litigious documents, to users through SMS, e-mail or other modern communication ways or by mailing. The cell phone number, e-mail address and other contact information specified by users to receive legal documents are those provided by users when registering and updating on Kwai platform. It shall be deemed as delivered when judiciary authorities send legal documents through the foregoing contact information. The mail address specified by users is users’ statutory or valid contact address.

Users agree that judiciary authorities may deliver legal documents to users in one or more of the aforementioned ways, and the earliest delivery shall be taken as the delivery time when judiciary authorities take more than one way to deliver legal documents to users.

Users agree that the aforesaid delivery methods apply to each judiciary process, including but not limited to trial of first instance, trail of second instance, retrial, enforcement and supervision if judiciary proceedings are initiated.

Users shall guarantee that the contact information provided is accurate and valid and update the information in real time. If legal documents can’t be delivered or is not delivered in a timely manner due to the inaccuracy of the contact information provided or untimely notification of the changed contact information, users shall be solely responsible for the possible legal consequences arising therefrom.

12. Disclaimer and Compensation

12.1 Users shall be responsible for all consequences arising from users’ failure to operate as required when Kwai Company has already made it clear that the way to offer network services has been changed and reminded users of items needing their attention.

12.2 Users expressly agree to bear all the risks of using the network services from Kwai Company as well as all consequences caused by their use of such services. Kwai Company shall not be held responsible to users.

12.3 Kwai Company makes no warranty that the network services can certainly meet users’ demands, or that the network services will not be interrupted, or that the service is immediate, secure or accurate.

12.4 Users agree to safeguard and maintain the interests of Kwai Company and other users. In case users log in to the website with content that is illegal, unauthentic, and inappropriate or infringes the legitimate rights and interests of third parties, or users cause losses to Kwai Company or any other third party due to their violation of any term hereunder, users agree to bear the compensation liability for damages arising therefrom.

13. Applicable Laws and Jurisdiction

The signature, validity, interpretation, modification, supplement, termination, execution and dispute resolution of this Agreement shall be governed by the laws of the mainland of China; Where the laws are silent, common business practices and/or industry practices will be referred to.

Both users and Kwai Company agree that any dispute in connection with this Agreement and arising out of using Kwai Company’s services shall be submitted to the people’s court having jurisdiction in the place where Kwai Company has its domicile.

Should any provision of this Agreement be held to be void, invalid or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.

14. Special Tips for Juveniles

14.1 Who can see the teen’s videos and send messages?

Videos can either be saved privately or shared publicly. The teen can create private videos by choosing the “Only Me” option after he/she creates a video. These videos are not viewable by any other Kwai APP users.

If the teen has a public profile, anyone signed into the Kwai APP can view your teen’s public videos and send him/her messages. If the parents would like to make sure that only approved followers can see the teen’s videos, we recommend setting his/her profile to private by electing “Private Account” in the settings page on the App. If you’d like to make sure that only approved followers can send messages, we recommend enabling the “Comments Limitation” on the settings page. With these private settings enabled, only approved followers can view the teen’s videos and send them messages.

Even with a private account, the teen’s profile information, including profile picture, username, and short bio will appear visible to all users. The parents are advised to counsel the teen not to reveal personal information, such as age, address, or phone number in his/her profile.

14.2 How can the parents or the teen report abusive behavior or inappropriate/offensive material?

The teen can block users from visiting their profile, clicking on the profile photo, and selecting “Block”. When the teen blocks someone, that person will not be able to see his/her videos or send them messages.

Likewise, if the parent or the teen sees something that might violate the Agreement, including explicit or inappropriate content, let Kwai Company know. If the teen receives a harassing message, is being bullied by another user, or receives inappropriate comments, counsel the teen to report that user. To report a video, click on the three dots on the top of the video and click “Report”. To report a user, visit the user’s profile, click on the profile photo and select “Report”.

15. Miscellaneous

15.1 Kwai Company may request users to comply with specific terms and conditions when they subscribe to relevant services provided by Kwai Company depending on the features of service content. The specific terms and conditions shall prevail if there is any inconsistency between the specific terms and conditions and the provisions hereunder.

15.2 If any provision of this Service Agreement is found to be invalid or unenforceable in whole or in part for any reason whatsoever, the remaining provisions shall still be valid and legally binding.

15.3 Any matters arising from performing this Agreement shall be firstly settled through friendly negotiation between the Website and users

15.4 In case users violate this Agreement, Kwai Company has the right to take all necessary actions, including but not limited to banning the account, withholding the funds in the account, etc.

15.5 Beijing Kwai Technology Co., Ltd. and its affiliates reserve the right to the interpretation of the above terms.