TERMS OF USE
Last updated September 30 , 2024
We are XxxMate ("Company" “we”us" or "our").
We own, develop and operate, the software “xMate"as well as any other related products and services that refer or link to these Terms (collectively, the"Services"or "Software").
You < may contact us by email at cloud@xxxmfatehk.com
These TERMS OF USE ("Terms") constitute a legally binding agreement made by and between you and us , whether personally or on behalf of an entity ("you""your"or"user"), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms .
Any installing, copying, accessing, or using the software by you constitutes an acceptance of, and a promise to comply with, all the terms and conditions of the Terms . If you do not agree with all of these Terms , then you are expressly prohibited from using the Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the"Last updated"date of these Terms , and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
We recommend that you print a copy of these Terms for your records.
Please read these Terms carefully before downloading or installing the software.
1.Our services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You acknowledge and confirm that any content you input ("Input") in the services will ultimately be processed by ChatGPT, and related content ("Output") will be output to you by ChatGPT based on your Input. Additionally, you acknowledge that your Input will ultimately be used and processed by OpenAI located in the United States.
You acknowledge and confirm that currently, OpenAI only supports the access of ChatGPT in specific countries/regions such as the United States, the United Kingdom, Japan, South Korea, France, Germany, and others. You may visit OpenAI’s website (as specified below the website link) to view the list of countries/regions where ChatGPT is available for access, and OpenAI may periodically update the aforementioned list. Therefore, before using the Services, you shall ensure whether OpenAI has supported using ChatGPT in your country/region. In the event that your country/region is not included in the aforementioned list, resulting in your inability to use the Services. In that case, you shall bear the relevant responsibilities and losses on your own, and we shall not assume any liability for your responsibilities and losses. You have no right to demand compensation or liability from us based on your inability to use the Services. https://platform.openai.com/docs/supported-countries
You acknowledge and confirm that the ChatGPT service is provided by OpenAI, and our software and Services will not retain, process, review, or intercept your Input and Output information. When you use the ChatGPT and Services, you will directly exchange data with OpenAI located in the United States, and your data and privacy will be obtained and protected by OpenAI. If you encounter problems such as data loss, network interruption, content leakage, or inaccurate feedback, you shall only communicate with OpenAI for resolution, and we shall not be responsible for such issues and your losses arising from the aforesaid problems.
2. Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the"Content"), as well as the trademarks, service marks, and logos contained therein (the"Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services"AS IS"for your personal, non-commercial use or internal business purpose only.
3.Requirement for your age and capacity to act
You must be at least 13 years old to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services.
If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
4.Your use of our Services
Subject to your compliance with these Terms , we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Terms , no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms , please contact us in writing . If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.
5.Your acknowledge to our Services
Similarity of Content. Due to the nature of machine learning, Output may not be unique across users, and the Services may generate the same or similar output for OpenAI or a third party. Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
Artificial intelligence and machine learning are rapidly evolving fields of study. OpenAI is constantly working to improve ChatGPT to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, using our Services and ChatGPT may, in some situations, result in incorrect Output that does not accurately reflect real people, places, or facts. You shall evaluate the accuracy of any Output as appropriate for your use case, including by using a human review of the Output. If you suffer any loss or adverse effects due to using the Output content, you shall be solely responsible, and we shall not assume any responsibility or loss. You hereby declare and undertake not to claim or assert any rights against OpenAI and us.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) about the Services provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment of or compensation to you.
6. Your submissions
Please review this section and the"PROHIBITED ACTIVITIES "section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to irrevocably license to us all intellectual property rights in such Submission. You agree that we shall be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
· confirm that you have read and agree with our"PROHIBITED ACTIVITIES "and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
· to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
· warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
· warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
7. Your intellectual property
You acknowledge and confirm that for the Output content generated through the Services and ChatGPT, if such Output content may create intellectual property or legal rights according to relevant applicable laws and statutory standards, the intellectual property and civil rights contained in the Output content shall belong to you from beginning to end, and we do not claim any rights to it. Moreover, if you use the aforementioned Output content, you shall strictly comply with relevant applicable laws and public order, and good customs, ensuring that you do not infringe upon our or any third party’s legal rights.
8. Your representations
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms ; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
9.Prohibited activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
If OpenAI or we find that your use does not comply with the following policy, OpenAI or we may require you to make necessary changes. Repeated or serious violations may result in OpenAI or us taking appropriate action, including suspending or terminating your account.
We may update this PROHIBITED ACTIVITIES terms in accordance with our and/or OpenAI’s policy requirements, and your continued use of the services shall be deemed as your agreement to the updated policy.
As a user of the Services, you agree not to:
· Illegal activity;
· Child sexual abuse material or any content that exploits or harms children;
· Generation of hateful, harassing, or violent content;
· Generation of malware;
· Activity that has high risk of physical harm, including but not limited to weapons development, military, and warfare;
· Activity that has high risk of economic harm, including but not limited to multi-level marketing, gambling, payday lending;
· Fraudulent or deceptive activity, including but not limited to scams, coordinated inauthentic behavior, plagiarism, academic dishonesty, astroturfing;
· Adult content, adult industries, and dating apps, including but not limited to content meant to arouse sexual excitement, erotic chat, pornography;
· Political campaigning or lobbying;
· Activity that violates people's privacy, including but not limited to tracking or monitoring an individual without their consent, facial recognition of private individuals;
· Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information;
· Offering tailored financial advice without a qualified person reviewing the information;
· Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition;
· High risk government decision-making, including but not limited to law enforcement and criminal justice, migration, and asylum.
· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
· Use the Services in a manner inconsistent with any applicable laws or regulations.
· Engage in unauthorized framing of or linking to the Services.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Delete the copyright or other proprietary rights notice from any Content.
· Attempt to impersonate another user or person or use the username of another user.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
· Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
· Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
· Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
· Use a buying agent or purchasing agent to make purchases on the Services.
· Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
· Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
10. Contribution license
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
11. Services management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms ; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms , including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12.Term and termination
These TERMS shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS , WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13.Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
14. Governing law
These Terms shall be governed by and defined following the laws of Hong Kong .
15.Dispute resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a"Dispute" and collectively, the "Disputes") brought by either you or us (individually, a"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least lawsuit . Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration Any dispute arising out of or in connection with these Terms , including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Hong Kong International Arbitration Centre ( HKIAC ) according to the procedures and Rules of HKIAC . The number of arbitrators shall be three (3) . The seat, or legal place, or arbitration shall be Hong Kong . The language of the proceedings shall be < Chinese .
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16.Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
17.Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18.Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19.Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms ; (3) any breach of your representations and warranties set forth in these Terms ; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20.User data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The services and contents under this Software provided by us may include services or contents that we has obtained authorization from the rightful owners or third-party licensors. Therefore, pursuant to the authorization granted to us by the aforementioned rights holders, we may impose restrictions or limitations on the specific term, content, geographical scope, and terminal devices for your use of the services or contents. This may result in your temporary or permanent inability to access the relevant services or contents in certain regions, times, or on specific devices, or the inability to access all or partial of the services or contents. Notwithstanding any provisions between you and us, we shall not be held responsible or liable for any losses or damages incurred by you due to the aforementioned reasons or any other third-party licensors.
Due to the unique nature of internet services, legal and regulatory requirements, or changes in authorization, we may, in its sole discretion, at any time and from time to time, in whole or in part, dynamically modify, update, change, interrupted, suspend, discontinue, or terminate the products, videos, audios, images, and other services or contents provided by us ("Product Content") in accordance with changes or modifications in laws and regulations, requirements of rights holders or third-party licensors, authority requirements/decisions, or other third-party complaints. This includes but is not limited to, our right to temporarily or permanently remove or update all or part of the Product Content with or without notice in advance. Notwithstanding any provisions between you and us, we shall not be required to obtain your prior consent or be held responsible or liable for any loss or damages incurred by you due to your inability to access the relevant Product Content, whether due to the aforementioned reasons or any other reasons.
21.Electronic communications, transactions, and signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22.Miscellaneous
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms .
23.Contact us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: cloud@xxxmatehk.com
24.Cancel Subscription
Tap your subscription in the app's settings. You will be redirected to your Google Play subscriptions. Find Reface subscription and cancel it. You can find more info on subscription cancellation onGoogle's support page: https://support.google.com
If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request a refund. This does not apply to annual subscriptions with 3-day trial period.
1. On your device, go to https://play.google.com/store/account
2. Click Order History.
3. Find the order you want to return.
4. Select Request a refund or Report a problem and choose the option that describes your situation.
5. Complete the form and note that you'd like a refund.
6. You'll get a message that says "Thank you for sharing your concerns." You'll then get an email with your refund decision.You’ll usually get this within 15 minutes but it can take up to 4 business days.
Visit this link for additional information: https://support.google.com
If Google refuses to make a refund within 48 hours, contact usand send us your Order number, we will consider it.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT Terms IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.