Terms of Service
TERMS OF SERVICE
I. Confirmation and Acceptance
2. If you are using our Services on behalf of a business or entity, whether in part or in whole, then you agree, represent and warrant that (a) “you” and “your” includes you and business or entity that you represent, (b) you are duly authorized by such business or entity to agree on its behalf and bind such business or entity to Terms; and (c) your business or entity is legally responsible for your use of our Services as well as for use of your Account by other individual authorized by your business or entity, including without limitation, any authorized employees, officers.
4. IN ORDER TO PROVIDE BETTER SERVICE, WE WILL AMEND AND/OR UPDATE THE TERMS FROM TIME TO TIME. WE WOULD USE OUR COMMERCIALLY REASONABLE ENDEAVORS, BUT DO NOT GUARANTEE, TO NOTIFY YOU OF ANY MATERIAL CHANGES TO THE TERMS. THE UPDATED TERMS SHALL BECOME EFFECTIVE AND REPLACE THE ORIGINAL TERMS AT THE TIME OF POSTING ON LINE.YOU SHALL REVIEW THE TERMS REGULARLY TO CHECK FOR SUCH CHANGES OR AGREE TO OUR UPDATED TERMS VIA CLICKING IN-APP NOTICE, PUSH MESSAGES OR EMAILS. IF YOUDO NOT AGREE WITH OR ACCEPT THE UPDATED TERMS, YOU CAN CHOOSE NOT TO USE KWAI AND THE SERVICE.YOU WILL BE DEEMED TO ACCEPT THE UPDATED TERMS IF YOU CONTINUE TO USE KWAI AND THE SERVICE.
II. Registration and Use
1. Your Qualifications
If you are under the age of 16 (or such legally required age of consent for Juveniles (as defined under applicable laws)), you shall not use Kwai and the Service. If you are between the age of 16 and 18 (or the relevant age in your jurisdiction where you are considered person with limited capacity for conduct), your parent, representative or guardian shall agree to the Terms (both for themselves and on your behalf) before you can use Kwai and the Service. We’ve established certain controls to implement the age requirements. However, if your child is using Kwai and is either under 16 or between 16-18 and do not have your permission, please contact us immediately, so that we can disable his or her access. Where consent is required under such applicable laws, you have the obligation to provide to us evidence of such consent or, as required under applicable laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or continue to process, the child’s personal information until we receive this evidence of consent or authorization.
2. Account Registration
1) When you fill in information, you shall read and agree to the Terms and complete all the registration procedures according to the instructions on the registration page, you will obtain an account of Kwai (“Account”) and become a User of Kwai and the Service (“User”). You can log in Kwai through the Kwai User name and the password created by you.
2) By creating an Account, you undertake to and shall provide true, accurate, current, and complete information as we request.
3. Account Safety and Management
1) We remind you that you must abide by applicable laws and regulations when you are using Kwai, and you shall indemnify us, our affiliates, officers, agents, and employees against any and all losses arising out of, in connection with and/or relating to your violation of such laws and regulations.
2) Your Account should be created and kept by yourself, and we will not ask you to provide your Account password at any time. Therefore, you are advised to take care of your Account, and ensure to log out appropriately.
3) 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 violation of the prescribed procedures. You shall notify us immediately when your Account is used without authorization. Otherwise, the unauthorized use will be treated as the act of you who shall be solely liable for the losses and consequences arising therefrom. You 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 Terms. If the use of your Account is deemed to threaten the safety of the Account and the safety of the information on Kwai at Company’s discretion, we have the right to suspend, block the Account and/or stop providing the Service.
4) If the Account is bound to your credit information, you can transfer your Account (including the rights and obligations hereunder) in compliance with laws and the transfer procedures required by Kwai from time to time in Terms’ appendixes and/or in-app pages/notices. Otherwise you can’t transfer your Account, or you should bear the responsibilities arising therefrom and hold harmless and indemnify us and our affiliates, officers, agents, and employees from any claim, suit or action arising from or related to breach of this provision.
5) If your Account has not been used for more than 6 months, we reserve and you agree that we have the right to suspend, close, retrieve or replace the Account, delete or de-identify all records (including but not limited to registration information, virtual gifts, Kwai Golds, etc.) of the Account from Kwai platform database or take other cleanup measures. Accordingly, the Account cannot be logged in to any of Kwai platforms and corresponding services are also terminated, and your related information may have been blocked or missing. Kwai will notify you in ways including, but not limited to, popup windows, website announcements, site notices and client notifications before cleaning up such Accounts.
6) We may immediately, without notice terminate this Terms with you and your Account if (i) you have materially breached your obligations under these Terms or other related documents, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Users, or third parties (for example in the case of fraudulent behavior of User).
7) You shall not use Kwai and the Service to conduct money laundering activities in any way, shape or form. We will closely monitor such acts and investigate the abnormal transfer of any large amount of Kwai Golds and we reserve the right to block the Account. Company also has the right to cooperate with competent authorities by means of including, but not limited to, conducting investigation and evidence collection of such money laundering activities by providing the identity information and the transaction records of such associated Account.
4. Account deactivation
You can deactivate your Account by notifying and asking us to take measures to suspend the login and use of your Account, you shall provide valid personal identity information that is consistent with the registered identity information. Otherwise, we have the right to refuse your foregoing request. We will take measures promptly to suspend the login and use of your Account if the valid personal identity information provided by you is verified to be consistent with the registered identity information.
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:
1) opposing the basic principles defined by the Constitution or similar laws of your jurisdiction;
2) endangering national security, divulging state secret, subverting state power, and undermining national unity;
3) harming national honor and interests;
4) inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;
5) undermining national religious policies and customs;
6) spreading rumor, disturbing social order and undermining social stability;
7) 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;
8) insulting or slandering other people and infringing other people's legal rights and interests;
9) distributing works not created by Users themselves which may involve copyright, patent, trademark, trade secret, copyright or other intellectual or proprietary right disputes;
10) exploiting minors;
11) spreading information on the methods of manufacturing and use of drugs, psychotropic substances and their precursors or encouraging to use any of them;
12) spreading information on methods of committing suicide, as well as calls for suicide;
13) demonstrating sexual acts;
14) containing obscene language;
15) containing pornographic content;
16) 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:
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 and the Service including but not limited to uploading, publishing and transmitting information; use the live video service to transmit any information that is harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information;
2) use the Services for any unauthorized commercial or other purposes not expressly permitted by this Terms, including without limitation, spamming, unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;
3) 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;
4) provide any advices, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
5) use or exploit any of the company’s intellectual property rights (including company’s trademark, brand, logo, any other proprietary information or the layout or design of any page), or otherwise infringe on any of company’s intellectual property rights (including attempting to reverse engineer company’s client or software used); imitate Kwai appearance design and functions; access Kwai and the Service and collect or process content made available through Kwai and the Service by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools; decompile, reverse compile or reverse engineer any of software used by Kwai and the Service or seek to do any of the foregoing determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; 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 block access to and/or terminate the Accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights;
6) 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 and the Service, servers and networks connected with Kwai and the Service;
7) without our written consent, distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
8) create multiple Accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information;
9) engage in any actions undermining the fairness of Kwai platform and/or Services or other actions disturbing the proper normal order of the application, such as disrupt 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;
10) 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 self media. You can only mention the programs themselves in promotion campaign rather than mentioning their connections with Kwai or making promotions with “Kwai” brand without authorization in their campaigns and promotion of collaboratively produced programs. You must secure the written approval of company for any of their publicity articles containing “Kwai”. Otherwise, you shall indemnify company for all losses arising therefrom;
11) intentionally or unintentionally violate any applicable laws, regulations, rules, articles and other norms with legal effect.
3. Our Service displays some content that is not produced or owned by the company and is for general information only. This content is the sole responsibility of the person that makes it available. You agree that accessing and viewing by you of such content is at your own risk. We also make no warranties and/or guarantees that content provided by Kwai is accurate, complete or up to date. 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 policies. If we, in our sole discretion, believe that the content does not comply with this Terms or in response to complaints from other users or third party, we reserve the right to take any measures to address this, including without limitation, to remove or refuse to display such content.
4. Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access, including content provided by Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
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 this Terms, our express written consent and/or agreement with you, you agree that you:
1) are not entitled to share such revenue and/or value;
2) are not entitled to receive any payment and/or other consideration from any content you uploaded to Kwai.
3) are not entitled to engage in activities to monetize any content you uploaded to Kwai, including without limitation, publish advertisements in violation of the Terms.
2. 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 requirement, the company has the right to take measures including without limitation: restrict or prohibit you from using Kwai and the Service and the related services wholly or partially, close or deactivate your Account, or keep the related information and deliver or report to related departments.
3. You agree and authorize the company 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 Service and you agree and authorize the company 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 you email, phone number and other contact information).
V. Payment Services and Incentive Program
1. For the purposes of promotion and development of Kwai, within our Services we may initiate Kwai Incentive program (the “Incentive Program”), which include payment services, virtual items such as, virtual diamond (the “Diamond”), virtual gifts and Kwai Golds (all virtual items within Kwai would be 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 Incentive Program from time to time, whether in specific or general cases, including without limitation, certain features, relevant exchange rate in our Service.
2. For 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/region.
3. All Users can purchase Diamond via payment channel of Apple, Google or any other payment channel available to you within Kwai. Price and currencies for purchasing Diamond would be specified in app when you make the purchase. Transaction fees, foreign currency exchange fees or other fees may be charged by 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 Diamond upon completion of your purchase and payment. Your Diamond may not be transferred to any other User of the Services or third party except as otherwise provided in the Terms or with our express written consent.
5. Virtual gifts may be exchanged with your Diamond, 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 corresponding amount of Diamond would be deducted from your Account.
6. In partial functions from our Services, such as live steaming service and other functions as updated by us and made available to you from time to time, virtual gift(s) can be publicly contributed by you to other Users using such function and providing User Content (the “Function User”), such as conducting live streaming show within Kwai. When you complete sending virtual gift, such virtual gift would be deducted from your Account and credited to 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 virtual gift(s), details of the virtual gifts, your Account ID, and nickname.
8. Virtual gift(s) received by Function User can only be used within Kwai and be exchanged into Kwai Golds. Kwai Golds may be further withdrawn by User for monetary compensation in the currency and at the rate made available to you at the time of withdrawal. (For avoidance of doubt, we may open up the channel for Kwai Golds to be exchanged into Diamond in our sole and absolute discretion, exchange rate of which would be made available to you at the time of exchange)
9. We’ll use our best reasonable and commercial endeavors to make payments in a timely fashion. However, payment period may vary due to external reasons. You understand and agree that estimated time shown for withdrawal in Kwai are for reference only and we do not guarantee payment be made in a specific period of time and would not be liable for failure to deliver within estimated time.
10. Monetary compensation would be made directly into your PayPal/ Dlocal account or other payment channel account available to you at the time of withdrawal. For the payment to be made successfully you need to comply with PayPal/ Dlocal and/or other payment channel’s terms and fulfill your obligations, including but not limited to, verify your account information and your name. You agree that any unsuccessful withdrawal and/or losses due to incorrectness of PayPal/ Dlocal (or other payment channel available to you) information, incompliance of necessary terms or obligations would be borne by you.
11. You agree that we’re 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’re 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 service, including using of our payment services, purchasing and exchanging Virtual Items, would be borne and paid by you. To the extent we’re required by law to withhold certain tax and/or fees, we’d do so with or without notice to you and you agree to provide necessary assistance in order for us to fulfill such obligation, including providing necessary information and documents.
14. All Virtual Items of User Account would be suspended or terminated once User’s Account is suspended or terminated as per the Terms. All Virtual Items do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
15. You irrevocably acknowledge and agree that violation of Article V, including without limitation, spamming and corrupted transaction, constitutes severe violation of the Terms an we’re entitled to regulate, control, manage and/or eliminate User’s Account, including User’s Virtual Items in our sole discretion as we see appropriate and we’ll have no liability to you when exercising such right.
VI. Intellectual Property Rights and Content
1. The company respects and encourages you to upload or transit (such as via streaming) original content, and we will take measures to protect your intellectual property rights.
2. you hereby represent and warrant that and unless there is a proof to the contrary, the company will consider that you are the copyright owner or you have received all necessary authorization, approval, licensing and/or clearances from copyright owner of the content (including but not limited to text, words, pictures, videos, audios, whether musical works or non-musical works, live shows etc.) that is uploaded, published or transmitted on Kwai by you through your Account (the “User Content”) in accordance with this Terms. You hereby grant the company a worldwide, royalty-free, non-exclusive，sub-licensable, transferable and perpetual (unless withdrawn expressly in written by you) license (but not an obligation) to (i) display the User Content within the Service; (ii) allow other users to view, access, play and download the User Content subject to your privacy choices, and (iii) 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 our Service), communicate, publish, publicly perform, publicly display and distribute the content uploaded or published by you on Kwai.
3. If the company believes that other users or third parties infringe your intellectual property rights, the company is entitled to act on behalf of itself or authorize any professional third parties to take measures in the company’s sole discretion including but not limited to: monitoring the infringing acts, sending warning letters, bringing suits or arbitrations, mediating, compromising etc.
4. The license will not affect your rights in the related User Content; but you should ensure that you are the owner of or you have acquired the license of all the User Content uploaded by you on Kwai, which shall not infringe any rights of others. If any intellectual property rights owner informs the company about any copyright infringement behaviors, the company has the right to delete the related User Content and will inform you later if possible, and you shall be liable for any damages or other consequences caused by such infringement.
5. 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 you uploaded for a legitimate commercial purposes including but not limited to promotion if you accept this Terms.
6. 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 original User, where applicable. When you choose to transit or upload User Content, which might include content generated by other Users and/or Kwai, to other platform or website operated by other third party, you shall do so in compliance with this Terms and user agreement of such other platform or website.
7. You acknowledge and agree that 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. In Kwai’s in-app setting, you can decide and control to what extent your User Content is available, whether to all other Users, Users you selected or only to yourself, subject to in-app features and functions available in Kwai.
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 breach by you or any user of your Account of this Terms, including your obligations, representation and warranties herein, applicable laws and regulations.
2. The company undertakes the obligations in accordance with relevant laws, but has no liability for your damages due to 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.
4. To the fullest extent permitted by law, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Service is between you and such third party and you irrevocably agree to release and hold harmless us from any and all claims, demands and/or damages arising out of such claim or dispute, and our total liability to you, if any, shall be limited to the amount of payment made by you to us in the past 16 months.
VIII. Applicable Laws and Jurisdiction
1. To the fullest extent permitted by local laws and regulations, the validity, interpretation, modification, supplement, termination, execution of Terms and any dispute or claim resulting from or in connection with the Terms will be governed by the laws of Singapore. Where the laws are silent, common business practices and/or industry practices will be referred to.
2. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the 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. 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. The invalidity, illegality or unenforceability of all or any part of any provision of the Terms shall not effect or impair such part or provision or any other provisions of the Terms in any other jurisdiction.
IX. Special Tips for Teenagers and the Parents
1. Teenagers shall use Kwai’ and the Service and learn to use the Internet appropriately under the guidance of their parents and teachers. Teenagers shall avoid being addicted to the virtual cyber world or their daily study and life being impacted.
2. Teenagers shall pay extra attention and comply with the following rules:
1) do not browse illegal and harmful information;
2) Be honest and friendly in communications, and do not insult and cheat others;
3) Improve self-protection awareness, and try not to meet or use extra cautions when meeting online friends;
4) Safeguard the network security, and do not interrupt network order;
5) Be contributing to physical and mental health, and do not get too addicted to Internet.
3. In particular, in order to provide better protection to the privacy interests of teenagers, the company reminds you to exert particular care in publishing any content with the image containing the teenagers, that is, once released, you are deemed to agree to show the portrait, voice of teenagers, and allow the company to use in accordance with the Terms to manage User Content related to teenagers.
1. The failure of either you or us to exercise or enforce any right or provision of this Terms will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms will be effective only if in writing and signed by the relevant party.
2. Upon termination of this Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
3. Any disputes arising from or relating to the interpretations or performance of the Terms shall be firstly settled through friendly and amicable negotiation between the company and you.