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Terms of Service

Last modified: December 2020

I. Introduction

1. Kwai applications and the related websites (“Kwai”) are owned and operated by Joyo Technology Pte. Ltd and its affiliates (collectively, “we”, “us”, “our” or the “Company”). if you download, install and use Kwai and related services provided by us (COLLECTIVELY, the “ServiceS”), WHETHER IN WHOLE OR IN PART, you are deemed to (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; and (B) AGREE TO BE BOUND BY and accept, thESE Terms OF SERVICE, THE Privacy Policy, THE COMMUNITY GUIDELINES, and other POLICIES, TERMS OR DOCUMENTS PUBLISHED AND AVAILABLE ON KWAI, AS MODIFIED AND UPDATED FROM TIME TO TIME, which ARE EXPRESSLY INCORPORATED BY REFERENCE (theSE “Terms”).

2. If you are using our Services on behalf of a company, association, partnership, organization or other entity, whether in part or in whole, then you agree, represent, warrant and undertake that (a) “you” and “your” includes you and the company, association, partnership, organization or other entity that you represent; (b) you are duly authorized by, and will remain authorized by, such company, association, partnership, organization or other entity to agree on its behalf and bind such company, association, partnership, organization or other entity to these Terms; and (c) the company, association, partnership, organization or other entity is legally responsible for your use of the Services as well as for the use of your Account by any other individual authorized by such company, association, partnership, organization or other entity, including without limitation any officers, directors, employees, agents and advisors of such company, association, partnership, organization or other entity.

3. you must carefully read AND FULLY UNDERSTAND these Terms, including ANY terms that MAY exempt or restrict THE COMPANY’s LIABILITIES AND/OR responsibilities and ANY terms that may restrict AND/OR WAIVE your rights, as they apply to your use of THE SERVICES. your use of THE serviceS is conditional on your acceptance of these terms. If you do not agree with or accept thESE Terms, you SHALL not DOWNLOAD, INSTALL OR use KWAI OR ANY OF the OTHER ServiceS.

4. In order to provide better services, we reserve the right to amend, replace and/or otherwise update These Terms from time to time. We will use commercially reasonable endeavors, but do not guarantee, to notify you of any material changes to these Terms. The updated Terms shall become effective and replace the original Terms at the time of posting on Kwai. You shall review these Terms regularly to check for such changes or agree to our updated Terms via clicking in-app notices, push messages or emails. If you do not agree with or accept the updated Terms, you should choose not to use Kwai or any of the other Services. You will be deemed to have read, understood and accepted the updated Terms if you continue to use Kwai or any of the other Services.

5. If you reside or use our Services in the country or region specifically mentioned under Article XIV below, these terms and conditions shall specifically apply to you.

II. Registration and Use

1. Your Qualifications

(i) Anyone under the age of 13 (or such legally required age of consent for juveniles (as defined under applicable laws) shall not use the Services. If you are over the age of 13 but under the age of 16, you may only use and register for a Kwai account (“Account”) through the representation of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts these Terms. If you are over the age of 16 but under the age of 18, you may only use and register for an Account with the assistance of your parent or legal guardian, and you represent and warrant that you had such assistance to use the Services and to agree with these Terms.

(ii) Where consent or authorization is required under such applicable laws and regulations, you have the obligation to provide to us evidence of such consent or authorization, including as required under applicable laws and regulations, the consent or authorization of the holder of parental responsibility for the child. We may refuse to process or continue to process the child’s personal information, or provide or continue to provide the Services to the child until we receive this evidence of consent or authorization.

(iii) If you are a minor in your country or region, your use of the Services may be subject to age restrictions, whether imposed by us or any third party vendor. You may be unable to use our Services and/or third party vendor services, including collecting certain cash rewards earned through the use of the Services, without the assistance of your parent or legal guardian.

(iv) If you learn that a child under the age of 13 has registered for an Account or an Account of a child under 18 was registered without proper representation or guardianship, you may alert us at privacy@ kwai.com. We will promptly conduct verification processes, take steps to remove such child’s account information from Kwai and terminate the child’s Account.

2. License

We hereby grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use Kwai only on your smartphone, tablet, computer or other mobile or wireless device (which must be designated by us as being compatible for use with Kwai).

3. Access to Kwai

The Services are offered and provided to you on an "as is", "as available" basis condition at your sole risk. Our goal is to minimise disruption caused by technical errors, however we cannot guarantee the continuous, uninterrupted or error-free operability of Kwai. There may be times when certain functionality or features of Kwai or content made available through Kwai, or the entire Kwai, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of Kwai, or any feature, part or content of Kwai. We are not responsible if you cannot access the Services properly or at all because of any event outside our control, for example (without limitation) the performance of any software or operating system running on your device or any connected software, hardware, network or service.

4. Account Registration

(i) In order to access Kwai, you are required to obtain an Account and become a user of the Services (“User”). You can log in Kwai using the user name and the password you create and/or provide from time to time.

(ii) You shall provide us with information and complete all the registration procedures according to the instructions on the registration page. By creating an Account:

(a) you undertake to and shall provide true, accurate, up to date, and complete information as we may from time to time request, and shall not provide us with any false or misleading information;

(b) you authorize us to assume that any person using Kwai with your user name and password is either you or is a person authorized to act for you;

(c) you must not impersonate or attempt to impersonate another person; and

(d) you must safeguard any user name and password of your Account and keep them secret and confidential.

5. Account Safety and Management

(i) You undertake to, and shall, comply all applicable laws and regulations when you are using Kwai and any of the other Services.

(ii) If you authorize any person to act for you in relation to the use of Kwai, you will ensure that they comply with these Terms at all times.

(iii) You are responsible for ensuring that your Account is secure. You are advised to take care of your Account and ensure to log out appropriately. You must secure the user name and password associated with your Account and regularly change it.

(iv) Your Account can only be used by yourself and you may not lend, give away or rent the Account or transfer, sell or share the Account in breach of these Terms. You shall notify us immediately when your Account is used without authorization. You can request us to suspend the login and use of your Account. You shall provide valid personal identity information that is consistent with the registered identity information of the Account upon our request. Otherwise, we reserve the right to refuse your request. We will take measures promptly to suspend the login and use of your Account if the valid personal identity information you provide is verified to be consistent with the registered identity information of the Account. Otherwise, the unauthorized use will be treated as an act of you and you shall be solely liable for all loss, damages and consequences arising therefrom, including but not limited to online signatures of various agreements, release of information, purchase of commodities and services as well as disclosure of information under these Terms. If the use of your Account is deemed to threaten the safety of your Account, the Accounts and/or information of other Users and/or the security or system integrity of Kwai, we have the right to suspend and/or terminate your Account and/or stop providing the Services immediately without notice to you at our sole discretion.

(v) If your Account has not been used for more than 6 months, we reserve and you acknowledge that we have the right to suspend, terminate, retrieve or replace the Account, delete or de-identify all records (including but not limited to registration information, Virtual Items, etc.) of the Account from the Kwai platform database or take other cleanup measures. Accordingly, the Account cannot be logged in to any of Kwai platforms and any corresponding Services are also terminated, and your related information may have been blocked or removed. We will notify you in a manner we consider appropriate, including but not limited to popup windows, website announcements, site notices and client notifications, before taking such actions on your Account.

(vi) We may immediately, without notice terminate this Terms with you and suspend or terminate your Account if (a) you have materially breached your obligations under these Terms or other related documents; (b) you have violated applicable laws, regulations or third party rights; or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of the Company, Users, or third parties.

(vii) You shall not use Kwai and the Services to conduct money laundering and/or terrorist financing activities in any way, shape or form. We will closely monitor such acts and investigate any abnormal activity relating to any large amount of Virtual Items. We reserve and you acknowledge that we have the right to suspend or terminate the Account. We also reserve the right to cooperate with competent authorities, including but not limited to conducting investigations, collecting evidence of such money laundering and/or terrorist financing activities and providing identity information and the transaction records of associated Accounts.

III. Instructions of Conduct

1. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of Kwai and shall not use Kwai to upload, download, send or transmit sensitive information and information in violation of applicable laws and regulations, including but not limited to information:

(i) opposing the basic principles defined by any national constitution or similar laws of your jurisdiction;

(ii) endangering national security, divulging state secret, subverting state power, and undermining national unity;

(iii) harming national honor and interests;

(iv) inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;

(v) undermining national religious policies and customs;

(vi) spreading rumor, disturbing social order and undermining social stability;

(vii) spreading or otherwise justifying obscenity, eroticism, gambling, violence, homicide, body injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals;

(viii) insulting or slandering other people and infringing other people's legal rights and interests;

(ix) distributing works not created by Users themselves which may involve copyright, patent, trademark, trade secret, copyright or other intellectual or proprietary right disputes;

(x) exploiting minors;

(xi) spreading information on the methods of manufacturing and use of drugs, psychotropic substances and their precursors or encouraging to use any of them;

(xii) spreading information on methods of committing suicide, as well as calls for suicide;

(xiii) demonstrating sexual acts;

(xiv) containing obscene language;

(xv) containing pornographic content; and

(xvi) containing other content prohibited by laws and administrative regulations.

2. You shall understand and undertake not to or not to allow anyone else to engage in the following prohibited activities:

(i) impersonating 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 and the Services, including but not limited to uploading, publishing and transmitting information;

(ii) using Kwai’s live video service to transmit any information that is harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information;

(iii) using the Services for any unauthorized commercial or other purposes not expressly permitted by these Terms, including without limitation spamming, unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;

(iv) engaging in any illegal or potentially illegal (to be determined at our sole discretion) activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or defrauding;

(v) providing any advices, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;

(vi) using or exploiting any of the Company’s intellectual property rights (including the Company’s trademark, brand, logo, any other proprietary information or the layout or design of any page), or otherwise infringing on any of the Company’s intellectual property rights (including decompiling or reverse engineering or attempting to decompile or reverse engineer the Company’s client or software used);

(vii) imitating Kwai appearance design and functions;

(viii) accessing Kwai and the Services and collecting or processing content made available through Kwai and the Services by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools;

(ix) decompiling, reverse compiling or reverse engineering any of the software used by Kwai and the Services or seeking to do any of the foregoing, including determining or attempting to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;

(x) distributing 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 and the Services, or servers and networks connected with Kwai and the Services;

(xi) collecting or storing personal data about other Users;

(xii) without our written consent, distributing, licensing, transferring, or selling, in whole or in part, any of the Services or any derivative works thereof;

(xiii) creating multiple Accounts for disruptive or abusive purposes, or maliciously uploading large amounts of repetitive and invalid data and information;

(xiv) engaging in any actions undermining the fairness of Kwai platform and/or the Services or other actions disturbing the proper normal order of the application, such as disrupting our website or any networks connected to the Services, bypassing any measures we may use to prevent or restrict access to the Services, trading reviews with other users or writing or soliciting fake reviews, proactive or passive score cheating, collaborative cheating, using plug-ins, other cheating software or bugs to obtain improper illegal interests, or leveraging the Internet or otherwise to bring plug-ins, cheating software and bugs to the public;

(xv) without our authorization, removing any watermark of the “Kwai” brand displayed in or along with the Services or any content made available through Kwai;

(xvi) without our authorization, making reference to the “Kwai” brand for any promotional, advertising or commercial purposes, including using phrases such as “in partnership with Kwai” and “co-produced with Kwai” via any channel or media including but not limited to independently operated social media accounts. For the avoidance of doubt, you may mention any programs themselves in a promotion campaign but not mention their connections with Kwai or make promotions with “Kwai” brand in campaigns and promotion of collaboratively produced programs. You must secure our written approval for any publicity articles containing the brand “Kwai”. Otherwise, you shall indemnify us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, demands and/or damages arising therefrom; and

(xvii) violating any applicable laws, regulations, rules, articles and other norms with legal effect.

All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of the above.

3. We make or give no condition, representation, warranty or guarantee as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content or information made available to you through Kwai and any of the other Services (the “Content”) and, to the fullest extent permitted by applicable laws, all implied warranties, conditions or other terms of any kind are hereby excluded. Kwai and our other Services may display Content that is not produced or owned by the Company and is for general information purposes only. This Content is the sole responsibility of the person that makes it available. You should check any Content and exercise your own judgement before acting upon any of the Content. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. You agree that your accessing and viewing of such content is at your own risk. In case of doubt, you should seek your own independent advice with respect to any Content.

4. We cannot and do not guarantee that any Content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Kwai and the Content made available through it. Please ensure that your device, its operating system, and Kwai are completely up to date with all available security software, patches and updates.

5. If your use of Kwai results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

6. We have the right but not the obligation to review, monitor, exam and verify the Content uploaded or published by you or other Users for compliance with applicable laws and regulations, requirements of competent governmental authorities and our internal policies. In response to complaints from other Users or any third parties, or if we, in our sole discretion, believe that any Content does not comply with these Terms, we may take any measures, including without limitation of removing or refusing to display such Content.

IV. Commercial Behaviors

1. You understand and hereby agree that revenue and value may be generated by your use of Kwai, via ways including without limitation, our sales of advertisement, broadcasting service in Kwai, cooperation with other third party, etc. Subject to these Terms, our express written consent and/or agreement with you, you agree that you:

(i) are not entitled to share such revenue and/or value;

(ii) are not entitled to receive any payment and/or other consideration from any content you uploaded to Kwai; and

(iii) are not entitled to engage in activities to monetize any content you uploaded to Kwai, including without limitation, publishing advertisements in violation of these Terms.

2. The Company provides formal and special channels for advertisements publication through Kwai and the Service, and will examine and verify such advertisements. You are prohibited to publish commercial information (including but not limited to any advertising materials, sales materials, etc.) on Kwai other than the advertisements published through the aforesaid Kwai’s formal and special channels. If you are in breach of the above provision, we reserve the right to take any actions, including without limitation restricting or prohibiting you from using the Services wholly or partially, suspending or terminating your Account, or keeping the related information and delivering or reporting to related authorities.

3. You agree and authorize us to publish any commercial advertisements or any other types of commercial information (including but not limited to publish advertisements on any pages of Kwai) to you while providing the Services and you agree and authorize us to send you sales and other commercial information using contact information provided by you to us for the purposes of registration and maintenance of the Account (including your email, phone number and other contact information).

4. Your correspondence or dealings with, or participation in promotions of, any third party advertiser on Kwai are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of advertisements on Kwai.

V. Payment Services and Incentive Program

1. For the purposes of promotion and development of Kwai, within our Services we may initiate Kwai’s incentive program (the “Incentive Program”), which include payment services, virtual items such as virtual diamonds (the “Diamonds” and each a “Diamond”), virtual gifts and Kwai Golds (all virtual items within Kwai would be collectively referred to as “Virtual Items”). You irrevocably acknowledge and agree we have the absolute right to, in our sole discretion, manage, modify, update and/or cancel, the whole or part of the Incentive Program from time to time, whether in specific or general cases, including without limitation, certain features or relevant exchange rate for our Services.

2. For the avoidance of doubt, Virtual Items within Kwai shall be used solely within Kwai as part of our Services and shall not be used or be transferred, assigned, sold beyond Kwai in any way, including without limitation, be exchanged for any legal currency of any country or region.

3. All Users can purchase Diamond(s) via the payment channels of Apple, Google or any other payment channel available to you within Kwai. Price and currencies for purchasing Diamond(s) would be specified in-app when you make the purchase. Transaction fees, foreign currency exchange fees or other fees may be charged by the payment service provider based on your agreement with the payment service provider and shall be borne by you.

4. Your Account would be credited with the Diamond(s) upon completion of your purchase and payment. Your Diamond(s) may not be transferred to any other User of the Services or any third party except as otherwise provided in these Terms or with our express written consent.

5. Virtual gifts may be exchanged with Diamond(s), the exchange rate of which would be provided within Kwai at the time of exchange. Virtual gift(s) would be credited to your Account once the exchange is completed and the corresponding amount of Diamond(s) would be deducted from your Account.

6. In some functions of our Services, such as live streaming services and other functions as provided by us and made available to you from time to time, virtual gift(s) can be publicly sent by you to other Users using such function and providing User Content (the “Function User”), such as conducting live streaming shows within Kwai. When you complete the process of sending the virtual gift, such virtual gift would be deducted from your Account and credited to the Function User’s Account.

7. You acknowledge and consent that other Users using and/or viewing above-mentioned functions, such as live streaming, can see your act of sending the virtual gift(s), details of the virtual gifts, your Account ID, and nickname.

8. Virtual gift(s) received by the Function User can only be used within Kwai and be exchanged into Kwai Golds. Kwai Golds may be further withdrawn by the Function User for monetary compensation in the currency and at the rate made available to you at the time of withdrawal. For the avoidance of doubt, we may open up the channel for Kwai Golds to be exchanged into Diamonds in our sole and absolute discretion, the exchange rate of which would be made available to you at the time of exchange.

9. We will use our best reasonable and commercial endeavors to make payments in a timely fashion. However, the payment period may vary due to external reasons. You understand and agree that the estimated times shown for withdrawal in Kwai are for reference only and we do not guarantee that payments will be made in a specific period of time and are not liable for failure to deliver within any estimated time frames.

10. Monetary compensation would be made directly into your PayPal/Dlocal account or other payment channel account made available to you at the time of withdrawal. For the payment to be made successfully, you must comply with PayPal/Dlocal and/or other payment channel’s terms and fulfill your obligations, including but not limited to verifying your account information and your name. You agree that any unsuccessful withdrawal and/or loss due to the incorrectness of PayPal/Dlocal (or other payment channel available to you) information or incompliance of necessary terms or obligations would be borne by you.

11. You acknowledge and agree that we are entitled to, but not obliged to, request and verify your identify and your eligibility via necessary reasonable means before making any payment. In the case where you are not fully eligible to receive payment in your jurisdiction, we may request that such withdrawal be made in the name your parent or legal guardian and that you may be requested to provide further supporting documents.

12. All sales or exchange of Virtual Items are final and cannot be refunded.

13. You agree that all taxes and fees (including any related penalties or interest) arising out of and/or related to using of our Services, including our payment services or purchasing and exchanging Virtual Items, would be borne and paid by you. To the extent we are required by applicable law to withhold certain tax and/or fees, we shall do so with or without notice to you and you agree to provide necessary assistance in order for us to fulfill such obligations, including by providing necessary information and documents.

14. All Virtual Items of an Account would be suspended or terminated once the Account is suspended or terminated under these Terms. All Virtual Items do not constitute real or personal property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law or equity.

15. You irrevocably acknowledge and agree that violation of this Article V, including without limitation spamming and making fraudulent transactions, constitutes a severe violation of these Terms and we are entitled to regulate, control, manage, suspend and/or terminate the applicable Account, including all Virtual Items in our sole discretion as we deem appropriate and we will not be liable to you for any loss or damage of any sort incurred as a result of us exercising such right.

VI. Intellectual Property Rights and Content

1. We respect and encourage you to upload or transit (such as via streaming) original content, and we will take measures to protect your intellectual property rights in accordance with applicable laws and regulations.

2. You hereby represent and warrant that, and unless there is proof to the contrary, we will consider that, you are the owner of all trade mark, copyright and other intellectual property rights, or you have received all necessary authorization, approval, licensing and/or clearances from the owner of such intellectual property rights, in the content that you upload, publish or transmit on Kwai through your Account (including but not limited to text, words, graphics, software, photographs and other images, trade marks, logos, videos, audios, musical works or non-musical works, live shows, etc.) (the “User Content”) in accordance with these Terms. You hereby grant us a worldwide, royalty-free, non-exclusive, sub-licensable, transferable and perpetual (unless withdrawn expressly in writing by you) license but not an obligation to (a) display the User Content within the Services; (b) allow other users to view, access, play and download the User Content subject to your Account’s privacy settings; and (c) otherwise use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Services), communicate, publish, publicly perform, publicly display and distribute the User Content. Without limiting the generality of the foregoing, you shall be deemed to have granted us (unless withdrawn expressly by you) the license to use (including but not limited to copy, publish, release, as well as adapt, reproduce, translate, transmit, perform and display in original form or other forms) the User Content for legitimate commercial purposes, including but not limited to promotion if you accept these Terms.

3. You undertake to procure that all the User Content you upload on Kwai shall not infringe the intellectual property rights of any persons. We reserve the right to delete the related User Content without prior notice upon notification from an intellectual property rights owner or any other persons of any suspected or actual intellectual property rights infringement, and you shall be liable for any loss, damages or other consequences arising out of, in connection with and/or relating to such suspected or actual infringement.

4. If we suspect or become aware that any other user or third party have or is infringing your intellectual property rights, we are entitled to act on your behalf or authorize any agents, including without limitation professional third parties, to take all necessary actions on your behalf in our sole discretion, including but not limited to monitoring the infringing acts, communicating with the alleged infringer, bringing proceedings or making a claim, or conducting mediation or arbitration.

5. You acknowledge and agree that the User Content will be considered non-proprietary and non-confidential. You must not upload or transit any User Content that you consider to be proprietary or confidential. You may decide and control the extent of the availability of your User Content (i.e. whether to all other Users, Users you selected or only to yourself) by way of Kwai’s in-app settings, subject to in-app features and functions available in Kwai.

6. Notwithstanding the foregoing, the whole or part of User Content provided by one User may be extracted by another User to produce additional User Content, subject to in-app prior approval from the User, where applicable. When you choose to transfer or upload User Content, which might include content generated by other Users and/or us, to other platforms or websites operated by a third party, you shall do so in compliance with these Terms and any terms and conditions of use of such other platform or website.

7. You acknowledge that Kwai and content provided through Kwai are subject to protection by trade mark, copyright and other intellectual property rights. Other than the User Content, all intellectual property rights in Kwai and any Content (including including content provided by the Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc.) are owned by us or our licensors. We retain all right, title and interest in and to Kwai and any modifications and updates thereto. Except as expressly set out here, using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and you acknowledge that you do not acquire any right, title or other ownership rights by downloading content from Kwai. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by applicable law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Further, you shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of Kwai in any way for any public or commercial purpose without our prior written consent. Without prejudice to other remedies that we're entitled to, we reserve the right, with or without notice, at any time and in our sole discretion to suspend and/or terminate the Accounts of any User who infringes or is alleged to infringe any trade marks, copyrights or other intellectual property rights.

VII. Liabilities

1. You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your Account of applicable laws and regulations or these Terms, including your obligations, representation and warranties herein.

2. To the extent that such liabilities may not be limited or excluded under applicable laws and regulations, we are not liable to you for and you agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, in respect of your use of the Services and/or Kwai, or access to any information as a result of such use by you or any other person, whether or not authorized.

3. You agree that the Company has no liability for any loss or damages (whether direct or indirect) suffered by you due to:

(i) any interruption, interception, suspension, delay, loss, unavailability, or other failure in providing the Services or your use of Kwai, in transmitting instructions or information relating to the Services or your use of Kwai, or in connecting with the Services or your use of Kwai caused by any acts, omissions or circumstances beyond our reasonable control, including without limitation maintenance or connection failure of the 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 any other third-party reasons; or

(ii) transmission and/or storage of information and/or data relating to you, the Services, Kwai and/or transactions or dealings conducted by you pursuant to the Services through or in any system, equipment or instrument of communication network provider.

4. If you violate or are suspected of violating applicable laws and regulations or these Terms, we reserve the right to take all necessary actions (including but not limited to deducting or detaining the balance of your Account, suspending or terminating your Account or your use of the Services, revoking your broadcast rights or reporting to the relevant authorities) immediately without notice to you at our sole discretion.

5. Subject to applicable laws and regulations, we are not responsible for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, loss of revenue, goodwill, opportunity or loss of anticipated savings or any other loss or damages of any kind resulting from your access to, reliance on, or use of, or inability to use the Services, whether or not we have been advised of the possibility thereof.

6. To the fullest extent permitted by applicable laws and regulations, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Services is between you and such third party and you irrevocably agree to release, indemnify and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, demands and/or damages arising out of such claim or dispute.

7. Our total liability to you, if any, shall be limited to the total amount of payments made by you to us in the past 16 months.

VIII. Your Personal Information

We collect and process personal data of users of Kwai. All personal data is handled in accordance with our Privacy Policy. By continuing to use Kwai and the Services, you acknowledge that you have had notice of our Privacy Policy and you grant us the consent to use and process your personal data in accordance with its provisions.

IX. Sensor Technology

You acknowledge and agree that we are not responsible for the Touch ID, fingerprint authentication or similar sensor or biometric technology (where available) on the device you access and/or use Kwai with and we expressly exclude any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of such Touch ID, fingerprint authentication or similar sensor or biometric technology as a means for securing access to and using Kwai and/or the Services.

X. Third Party Providers

1. You acknowledge that certain parts of Kwai or certain content made available through Kwai (other than the User Content) are provided or maintained by third parties and not by us, including payment services. Prior to access or use of any payment services, you may be required to update Kwai to the latest version or enable or activate any password or authentication measures or provide password or authentication credentials for such measures. You shall keep your password or authentication credentials secure and confidential at all times.

2. We do not guarantee the quality, reliability or suitability of the services provided by any third parties, made available, advertised or linked through Kwai, and we will bear no responsibility for your use of or relationship with the services provided by any third parties. If you access third party services through Kwai, you must comply with any terms and conditions applicable to those services.

3. You agree that, we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you any third party.

4. We may review content or third party services made available through Kwai to determine whether or not they comply with any of our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of the Services.

XI. External Links

To the extent where Kwai contains any link to other websites or resources, the following provisions would apply:

1. Although these websites or resources are selected with care, we are not responsible for the content or accuracy of any off-site pages or any other sites or resources linked to this Kwai (including those sites or resources linked through advertisements or through any search engines).

2. We are also not responsible for the processing of your personal data through these websites or resources.

3. The fact that we include links to such external websites and resources does not imply any endorsement of, or association with such operators, content or opinions. Your use of websites or resources linked from Kwai is subject to any terms and conditions applicable to those websites or resources.

XII. Applicable Laws and Jurisdiction

1. To the fullest extent permitted by applicable laws and regulations, the validity, interpretation, modification, supplement, termination, execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of Singapore, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.

2. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC rules then in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

3. Any disputes arising from or relating to the interpretations or performance of these Terms shall be firstly settled through friendly and amicable negotiation between you and the Company.

XIII. Use of Kwai by Teenagers

1. Teenagers who use Kwai and the Services shall comply with the following rules:

(i) learn to use the Internet, including Kwai and the Services, appropriately under the guidance of their parents and teachers;

(ii) do not browse illegal and harmful information;

(iii) be honest and friendly in communications, and do not insult and cheat others;

(iv) improve self-protection awareness, and try not to meet or exercise caution when meeting online friends;

(v) safeguard network security of Kwai and do not interrupt network order;

(vi) be mindful of physical and mental health, and do not get too addicted to the Internet.

2. In particular, in order to provide better protection to the privacy interests of teenagers, the Company reminds you to exert care in publishing any content with images containing teenagers. Once published, you are deemed to have agreed to disclose the facial features, vocal characteristics and other identifiers of such teenagers, and allow the Company to use such images in accordance with these Terms to manage User Content related to teenagers.

XIV. Country / Region Specific Provisions

Brazil

If you reside or use our Services in Brazil, the following terms and conditions shall apply to you:

(1) Clauses 1 and 2 of Article XII shall apply to the extent that they are consistent with the national sovereignty or public policy of the Federative Republic of Brazil or good morals as understood from time to time in Brazil.

XV. Miscellaneous

1. These Terms are the entire agreement between you and us in relation to your use of the Services and supersede all prior agreements between us in relation to your use of the Services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms.

2. The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.

3. Upon termination of these Terms, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will survive such termination or expiration.

4. No amendment, variation or waiver of these Terms shall be effective unless it is in writing and duly executed by or on behalf of all of the parties to these Terms. No variation shall constitute a general waiver of any provision of these Terms, and the rights and obligations of the parties under these Terms shall remain in full force and effect save and only to the extent that they are so varied. Any variation made shall not affect any rights or obligations under these Terms which has been accrued up to the date of said variation.

5. If any provision of these Terms is held by a court to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, it shall be deemed deleted without affecting the validity and enforceability of the remaining provisions to these Terms. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of these Terms, we may amend these Terms to remedy such invalidity, illegality or unenforceability to the extent needed to achieve the intent of the original provision.

6. Each party shall pay its own costs incurred in connection with the performance of any of its obligations under these Terms, save to the extent that is expressly provided otherwise in these Terms.

7. No provision in these Terms is intended to or creates a partnership between the parties or establishes a party as the agent of another party for any purpose. A party has no authority to act for, bind, contract in the name of, or create a liability for the other party by any means or for any purpose.

8. Each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.

9. Notwithstanding any other provision in these Terms:

(i) you shall not without our prior written consent, assign, transfer, novate, part with, outsource, subcontract or delegate any of your rights, responsibilities and/or obligations under these Terms (in whole or in part); and

(ii) we may assign, transfer, novate, part with or subcontract any of our rights, responsibilities and/or obligations under these Terms (in whole or in part) to any other member of the Company without your prior consent.

10. A person who is not a party to these Terms has no right to enforce any terms of these Terms.

11. Open Source. Kwai contains certain open source software. Specific information can be found at Open Source Software Notice.

12. These Terms are drafted in the English language. If these Terms are translated into any language other than English, the English version shall prevail to the extent of any inconsistency, unless otherwise required under applicable laws and regulations. The corresponding translation shall be deemed to be automatically amended to conform with and to make the counterpart of its translated text consistent with the relevant English version.

XVI. Contact Information

If you have any complaints, suggestions or other questions on these Terms, please contact us via in-app access for feedback or complaints or through email at report@kwai.com. We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.