ChatWhiz User Agreement

Update Date : November 8 , 2024

Effective Date : November 8 , 2024

iOS developer: Huang Qingfang

 

Welcome to ChatWhiz and its related services . Before you start using it, you need to carefully read the ChatWhiz User Agreement (hereinafter referred to as the "Agreement"). Some of the terms in this Agreement are very important, such as those related to exemption or limitation of liability, rights and information use, applicable law and dispute resolution. The key parts such as exemption or limitation of liability have been bolded and need to be paid special attention. If you are a user under the age of 18, please read the contents of this Agreement carefully in the company of your legal guardian. You may download the software only after obtaining the consent of your guardian.

Only if you fully accept all the contents of this Agreement, you may download, install, use (hereinafter collectively referred to as "Use") ChatWhiz, or use ChatWhiz services in any form, and obtain any services provided by ChatWhiz (collectively referred to as "Use" in this Agreement). Once you use ChatWhiz and its related services, it means that you have deeply understood this Agreement and are willing to be a party to this Agreement and be bound by the terms of the Agreement.

1. Contracting parties and scope of the agreement

1.1 This Agreement is signed between you and the Developer (hereinafter referred to as the "Developer") and is intended to regulate your downloading, installation, use of ChatWhiz and acquisition of its related services. Some of the services under this Agreement may be provided by the Developer's affiliates or controlling parties. Your knowledge and acceptance of these services means that you accept that the relevant rights and obligations are subject to this Agreement.

1.2 “User” covers all entities that directly or indirectly obtain and use ChatWhiz and related services, including natural persons, legal persons and other organizations, etc., referred to as “User” or “you” in this Agreement.

1.3 ChatWhiz relies on artificial intelligence models to provide users with products based on artificial intelligence-related services, aiming to inspire users and assist in communication . Including but not limited to returning artificial intelligence-generated content (hereinafter referred to as "generated content") for you based on the questions you input . Input: refers to the text, images or other content and information submitted by users to this software and related services during the use of this software and related services. Output: refers to the content and information generated by this software and related services in response to user input, including but not limited to text.

1.4 The contents of this Agreement include the agreements, rules, etc. of ChatWhiz and related services that have been published and may be published in the future by the Developer. Once these contents are officially published and delivered to users in an appropriate manner (such as system notification), they will become an integral part of this Agreement and you must comply with them .

 

2. Use of ChatWhiz and Related Services

2.1 ChatWhiz and related services rely on generative AI models and may also rely on other models and services to provide you with AI generation technology services and other services . They are for your reference only. You should not use the output content as professional advice, commercial use or for other purposes. If it involves situations that may have a significant impact on you or related parties, it is recommended that you consult relevant professionals. The output of this software should not be the basis for your further actions or inactions. You shall bear the consequences and responsibilities of any judgment you make based on the output content or any subsequent related operations based on it, including the risks arising from reliance on the authenticity, accuracy, reliability, non-infringement or satisfaction of the output content for specific purposes. You should scientifically and rationally understand and use generative AI technology in accordance with the law .

2.2 You can use ChatWhiz and related services by obtaining the ChatWhiz client application through pre-installation, third-party downloads authorized by the developer, etc. If you do not obtain the software from the developer or a third party authorized by the developer, the developer cannot guarantee that the unofficial version of ChatWhiz can be used normally, and the developer has nothing to do with any losses you suffer as a result.

2.3 Developers may develop different versions of application software for different terminal devices. You should obtain, download and install the appropriate version based on the actual device conditions.

2.4 To better enhance user experience and services, or for security reasons, the developer will periodically provide partial or complete updates or changes to the Software and related services (including but not limited to software/service modifications, upgrades, replacements, functional enhancements, development of new services, etc.). Where feasible , the developer will notify users through methods including but not limited to system prompts, announcements, and in-site messages. Users have the right to choose to accept updated versions or services. If users do not accept, some functions will be restricted or cannot continue to be used.

2. 5 You can use ChatWhiz and related services or update the ChatWhiz version according to your needs. If you no longer need to use ChatWhiz and related services, you can uninstall them yourself.

2.6 Unless authorized in advance in writing by the Developer, you may not conduct any unauthorized access or use of ChatWhiz and related services in any form, including but not limited to adaptation, copying, dissemination, vertical search, mirroring or trading.

2. 7 You need to prepare terminal devices (such as computers, mobile phones, etc.) related to the software and related services by yourself when using the software and related services. Once you access the software and related services on the terminal device, it is deemed that you use the software and related services. In order to fully realize all the functions of the software and related services, you may need to connect the terminal device to the Internet. You understand that you will bear the necessary expenses (such as traffic fees, Internet access fees, etc.).

2.8 The developer grants you a personal, revocable, non-transferable, non-exclusive and non-commercial right to use the software and related services. All other rights not expressly authorized in this agreement are reserved by the developer . You must obtain the developer 's written permission before exercising such rights . If the developer does not exercise any of the aforementioned rights, it does not constitute a waiver of such rights.

2.9 The developer attaches great importance to the quality of the content generated by the artificial intelligence model and will strive to take reasonable security measures to filter out inappropriate content. If you find that the content output by this software and related services or the processing results returned are unreasonable, flawed or have other problems, you are welcome and thank you for your feedback at any time through this software and email fang949392@163.com .

If the content you publish is complained by the relevant rights holder for infringement and is processed, and you do not agree with the processing results, you should submit a non-infringement statement and relevant rights proof materials to the developer according to the developer's prompts to file a complaint, and the developer will also handle your complaint in a timely manner in accordance with relevant legal provisions .

 

3. Protection of privacy and personal information

3.1 We will take reasonable measures to protect users' personal information (i.e. information that can identify you independently or in combination with other information). Except as required by laws and regulations, we will not disclose or disclose users' personal information to third parties without the user's permission. The following exceptions apply:

( 1 ) You share it with a third party on your own initiative;

( 2 ) Directly related to national security, national defense security, public safety, public health, and public interests;

( 3 ) Disclosure or provision in accordance with the requirements of applicable laws and regulations, mandatory administrative and judicial requirements, or directly related to criminal investigation, prosecution, trial and execution of judgments. Subject to compliance with laws and regulations, when we receive a request for the above-mentioned disclosure of information, we will require the other party to produce corresponding legal documents, such as a subpoena or investigation letter. We will carefully review all requests to ensure that they have a legal basis and are limited to data that administrative and judicial departments have the legal right to obtain for specific investigation purposes;

( 4 ) To the extent permitted by laws and regulations, in order to protect the life, property and other major legitimate rights and interests of other users, developers and their affiliates of ChatWhiz , or for the safe and stable operation of ChatWhiz and related services, such as finding, preventing, and handling fraud and other illegal activities and reducing credit risks (excluding the disclosure or provision of personal information for profit purposes in violation of the commitments made in ChatWhiz 's Privacy Policy);

( 5 ) Personal information is collected from legally disclosed information, such as legal news reports, government information disclosure, etc.;

( 6 ) Other circumstances prescribed by laws and regulations.

3.2 In the process of using this software and services, you may need to provide your personal information so that we can provide you with better services and technical support. You understand and agree that the developer has the right to obtain, use, store and share your personal information on the premise of complying with laws and regulations, this agreement and the Privacy Policy . For more information on personal information protection, please refer to the Privacy Policy published on ChatWhiz .

3.3 The Developer will use encryption technology, anonymization processing and other technical measures that match ChatWhiz and other security measures to protect your personal information, prevent your information from being improperly used or accessed , used or leaked without authorization, and establish a sound management system for the aforementioned purposes.

3.4 During your use of ChatWhiz , we promise not to collect or use your important information such as various bank cards, third-party payment accounts and corresponding passwords without your explicit authorization and consent . You understand and agree that you will be solely responsible for the disclosure of the aforementioned important information due to your own reasons and any losses that may arise from it .

3.5 If there are links to information or other services (including websites) provided by third parties in ChatWhiz, you should be aware and understand that the third parties operating these services may require you to provide relevant personal information. Here, we solemnly remind you to carefully read the user agreement, privacy policy and other relevant terms of the third party, carefully protect your personal information, and only provide your personal information to such third parties when it is really necessary. It should be noted that this Agreement (and other agreements and rules related to ChatWhiz, including but not limited to ( ChatWhiz "Privacy Policy")) does not apply to services provided by third parties, and the developer does not bear any legal responsibility for any consequences that may arise from the use of your personal information by third parties. If you want to know more about the protection of user personal information, please refer to ChatWhiz "Privacy Policy".

 

4. Service Usage Guidelines 

4.1 User Code of Conduct

using ChatWhiz and related services , users should ensure compliance with the Constitution, laws, regulations, public order, social morality, the socialist system, national interests, citizens' legitimate rights and interests, moral standards and information authenticity . Users may not use ChatWhiz and related services to produce, copy, publish or disseminate information containing the following content:

(1) Opposing the basic principles established by the Constitution;

(2) endangering national security or leaking state secrets;

(3) Subverting state power, overthrowing the socialist system, inciting the splitting of the country, or undermining national unity;

(4) Damaging the national honor and interests;

(5) Propagating terrorism or extremism;

(6) Propagating ethnic hatred, ethnic discrimination, and undermining ethnic unity;

(7) Inciting regional discrimination or regional hatred;

(8) Undermining the State's religious policies and promoting cults and superstitions;

(9) Fabricating and spreading rumors and false information to disrupt economic and social order and undermine social stability;

(10) Spreading or disseminating violence, obscenity, pornography, gambling, murder, terror, or instigating crime;

(11) Infringement of the legitimate rights and interests of minors or damage to the physical and mental health of minors;

(12) Taking secret photos or videos of others without their permission, thereby infringing upon their legal rights;

(13) Content that is horrific, violent, bloody, highly dangerous, or harmful to the physical and mental health of the performer or others;

(14) endangering network security or using the Internet to endanger national security, honor and interests;

(15) Insulting or slandering others, or infringing upon the legitimate rights and interests of others;

(16) Using violence to intimidate or threaten others, or conducting human flesh searches;

(17) Involving other people’s privacy, personal information or data;

(18) Spreading obscene words and language that undermine social order and morality;

(19) Content that infringes upon others’ privacy, reputation, portrait rights, intellectual property rights, or other legitimate rights and interests;

(20) Disseminating commercial advertisements, or similar commercial solicitation information, excessive marketing information, or spam information;

(21) Comments written in languages other than those commonly used on this website;

(22) Other information that violates laws, regulations, policies, public order and good morals, interferes with the normal operation of ChatWhiz , or infringes upon the legitimate rights and interests of other users or third parties.

4.2 Software Usage Guidelines

Unless permitted by law or with the prior written permission of the Developer, you may not use ChatWhiz and related services to:

4.2.1 Use any plug-in, plugin, system or third-party tool that is not authorized or licensed by the Developer to interfere with , damage, modify or otherwise affect the normal operation of ChatWhiz and related services.

4.2.2 Use or target ChatWhiz and related services to conduct any behavior that endangers computer network security, including but not limited to :

(1) Activities that endanger network security, such as illegally intruding into other people's networks, interfering with the normal functions of other people's networks, stealing network data, etc.;

(2) Providing programs and tools specifically used to conduct activities that endanger network security, such as intrusion into the network, interference with the normal functions and protection measures of the network, and theft of network data;

(3) Providing technical support, advertising promotion, payment settlement, etc. to others knowing that they are engaged in activities that endanger network security;

(4) Using unauthorized data or accessing unauthorized servers/accounts;

(5) Accessing a public computer network or another person's computer system without permission and deleting, modifying or adding stored information;

(6) Attempting to probe, scan, test the weaknesses of ChatWhiz systems or networks without permission or other acts that undermine network security;

(7) Attempting to interfere with or disrupt the normal operation of the ChatWhiz system or website, intentionally spreading malicious programs or viruses, or other acts that disrupt or interfere with normal network information services;

(8) Forging the TCP/IP data packet name or part of the name.

4.2.3 Reverse engineer , disassemble, compile or otherwise attempt to discover the source code of ChatWhiz .

4.2.4 If you violate the above laws and regulations, this Agreement, the relevant rules of the developer, or other acts that infringe upon the legitimate rights and interests of others, we have the right to delete information, suspend services, terminate services, and freeze or cancel some or all functions of your account. You shall bear all damages and/or losses caused to us or third parties.

4.2.5 Users who are banned for violating this Agreement may appeal by sending an email to fang949392@163.com . We will review the appeal and make a reasonable decision on whether to change the penalty .

4.3 The developer has built a public complaint and reporting platform. Users can submit complaints to the ChatWhiz team’s email address according to the public complaint and reporting system. Please contact fang949392@163.com to report any illegal or irregular behavior, illegal dissemination activities, illegal or harmful information, etc. This platform will promptly accept and handle user complaints and reports, and work together to create a good cyberspace.

 

5. Data Usage Guidelines

Without the written permission of the Developer, the User is strictly prohibited from implementing or authorizing, allowing, or assisting any third party to perform the following actions on the information content in ChatWhiz and related services under this Agreement:

5.1 Copy, read or adopt the information content of ChatWhiz and related services and use it for commercial purposes such as publicity, increasing readership, increasing page views, etc., and such commercial purposes are not limited to these.

5.2 Edit, organize, or format the information content of ChatWhiz and related services without permission, and then display it on channels other than the source pages of ChatWhiz and related services.

5.3 Use special logos, special codes and other forms of identification methods (including but not limited to these methods) to cause negative effects such as traffic and reading volume diversion, hijacking, etc. on the information or content of ChatWhiz and related services by yourself or with the assistance of a third party.

5.4 Carry out any other illegal acts to obtain information content of ChatWhiz and related services.

 

6. Changes, interruptions and termination of services

6.1 You understand and agree that ChatWhiz and related services are provided by the developer based on the existing technical level and conditions, and they present the service status that can be achieved at present. The developer will do its best to provide you with services to ensure the continuity and security of the services. You understand that technical and other risks, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, defects in third-party services and other security issues, may cause service interruption, data loss or other losses and risks, and such risks are difficult for the developer to foresee and effectively prevent at any time.

6.2 You understand and agree that, for the sake of the overall operation of the service, the developer has the right to modify, interrupt, suspend or terminate the operation of ChatWhiz and related services after publishing an announcement, and in this process, the developer does not need to bear any responsibility to the user and does not need to compensate the user.

 

7. Intellectual Property

7.1 The intellectual property rights ( including but not limited to copyright, patent rights and other intellectual property rights) of the content (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, charts, layout design, electronic documents, etc.) provided by the Developer in ChatWhiz and related services belong to the Developer. Without the permission of the Developer , no one (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, downloading the content in ChatWhiz and related services through any robot, spider or other program or device ) may use it without authorization.

7.2 The Developer shall provide technical support for the development and operation of ChatWhiz and shall have full rights to all data and information generated during the development and operation of ChatWhiz and related services.

7.3 Please do not use any trademark, service mark, trade name, domain name, website name or other distinctive brand features of the developer (including but not limited to ChatWhiz, etc.) under any circumstances (hereinafter collectively referred to as " logo"). Without the prior written consent of the developer, you may not display, use or apply for registered trademarks, domain name registration, etc., in any manner, alone or in combination with the aforementioned logos in these Terms, nor may you express or imply to others the right to display, use, or otherwise Have the right to process these signs. If you use the above-mentioned trademarks, logos, etc. of the developer in violation of this agreement and cause losses to the developer or others, you shall bear all legal responsibilities.

7.4 You know, understand and agree that, if you have the rights to your input and/or output in accordance with the law, all the content you upload and publish in the process of using this software and service will not transfer intellectual property rights, portrait rights and other rights due to uploading and publishing, unless otherwise agreed with you. At the same time, you understand and agree that the developer will store and use the non-confidential content you upload and publish within the scope permitted by law in order to achieve the purpose of this service.

7.5 Due to the nature of the technology, output may not be unique between users, and the Software may generate the same or similar output for different users. Content input by and output for other users should not be considered your content .

 

8. Advertising

8.1 During your use of ChatWhiz and related services, you fully understand and agree that the Service may include information, advertising or brand promotion services launched by the Developer for individuals or enterprises. You agree that the Developer has the right to display commercial advertisements, promotional information or other information (including commercial or non-commercial information) related to ChatWhiz and related services and/or third-party suppliers and partners in ChatWhiz and related services.

8.2 If you do not accept such advertisements, you have the right to choose to close the advertisements. ChatWhiz has a push notification service, and you have the right to close it by yourself, or choose to stop using ChatWhiz and related services.

8.3 The developer will perform its obligations related to advertising and promotion in accordance with the law. You shall make your own judgment on the authenticity and reliability of advertising or promotional information and be responsible for your own judgment. Except for cases clearly stipulated by laws and regulations, if you suffer damage or loss due to purchases or transactions based on advertising or promotional information, the corresponding consequences shall be borne by you and the developer shall not bear any responsibility.

 

9. Breach of Contract

9.1 The developer has the right to independently judge and take measures according to the circumstances in response to your violation of this Agreement or other terms of service. The developer does not assume any responsibility for the consequences of your inability to use the account and related services normally, or to obtain assets or other rights in your account normally . The developer has the right to announce the handling results and decide whether to restore the use of the relevant account based on the actual situation. For suspected violations of laws and regulations and suspected crimes, the developer will keep relevant records and has the right to report to the relevant competent authorities, cooperate with the relevant competent authorities in investigations, and report to the public security organs in accordance with the law. The developer has the right not to restore deleted content .

9.2 If you violate this Agreement or other terms of service and cause third-party complaints or litigation claims, you shall bear all legal responsibilities. If your illegal or breach of contract causes this developer and its affiliated developers or controlling developers to compensate any third party or suffer penalties from state agencies, you shall also fully compensate the developer and its affiliated parties, controlling developers , and successor developers for all losses (including but not limited to direct and indirect losses such as economic, goodwill, rights protection, expenses, and attorney fees).

9.3 The developer respects and protects the intellectual property rights, reputation rights, name rights, privacy rights and other legal rights of legal persons and citizens. You guarantee that you will not infringe on the intellectual property rights, reputation rights, name rights, privacy rights and other rights and legal rights of any third party when using ChatWhiz and related services to produce, copy, publish and disseminate information. You shall bear all legal responsibilities for all claims made by third parties; if your infringement causes losses to the developer and its affiliated developers and controlling developers (including but not limited to direct and indirect losses such as economic, goodwill , rights protection, expenses, and attorney fees ), you shall also fully compensate the developer and its affiliated developers and controlling developers for all losses suffered.

  

10. Disclaimer

10.1 You understand and agree that ChatWhiz and related services may be affected or interfered with by a variety of factors, and the Developer does not guarantee (including but not limited to):

10.1.1 This software and related services are fully suitable for the user's usage requirements;

10.1.2 The Software and related services will be uninterrupted, timely, secure, reliable or error-free; any software, services or other materials obtained by the User from the Developer will meet the User's expectations;

10.1.3 Any errors in the Software and related services will be corrected .

10.2 You understand and agree that you may encounter force majeure and other factors (force majeure refers to objective events that cannot be foreseen, overcome or avoided) in the process of using ChatWhiz and related services, including but not limited to government actions, natural disasters, network reasons, hacker attacks, wars or any other similar events. In the event of force majeure, the developer will try to repair it in time as soon as possible, but the user agrees that the developer will not be responsible for any losses caused to the user due to force majeure.

10.3 Developers obtain the right to deal with illegal and unlawful content in accordance with the provisions of this Agreement. This right does not constitute an obligation or commitment of the Developer, and the Developer cannot guarantee timely discovery of illegal activities or appropriate handling.

10.4 You understand and agree that the developer does not provide any express or implied warranties or conditions of any kind regarding this software and related services , including but not limited to commercial merchantability, fitness for a particular purpose, etc. You must bear the corresponding risks in your use of the software and related services under this agreement.

10.5 You understand and agree that this Agreement is intended to ensure compliance with national laws and regulations, maintain public order and good morals, and protect the legitimate rights and interests of others. Developers will make every effort to make judgments in accordance with relevant laws and regulations within their capabilities, but there is no guarantee that the developer's judgment is completely consistent with that of judicial and administrative agencies. Users have understood and agreed to bear the consequences arising from this.

 

11. Terms of Use for Minors

ChatWhiz and related services under the supervision, guidance and consent of his/her guardian .

11.2 The Developer attaches great importance to the protection of personal information of minors. Minor users are requested to strengthen their awareness of personal protection and be cautious when filling in their personal information. Please use ChatWhiz and related services correctly under the guidance of their guardians.

11.3 Minor users and their guardians understand and confirm that if you violate laws and regulations or the contents of this Agreement, you and your guardian shall bear all consequences resulting therefrom in accordance with the law.

11.4 Special tips for minors:

11.4.1 When using this software and related services, young people should learn to use the Internet correctly within a reasonable range under the supervision and guidance of their guardians, avoid being addicted to the virtual cyberspace, and develop good Internet habits.

11.4.2 Young users must abide by the National Youth Internet Civility Convention:

(1) Be good at online learning and avoid browsing harmful information;

(2) Communicate honestly and in a friendly manner, and do not insult or deceive others;

(3) Enhance self-protection awareness and do not casually date online friends;

(4) Maintain network security and do not disrupt network order;

(5) It should be beneficial to physical and mental health, and not addictive to virtual time and space.

 

12. Others

12.1 The formation, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be subject to the laws of mainland China. If any provision of this Agreement is invalid due to conflict with the laws of mainland China, such provisions shall be re-interpreted as close to the original meaning of this Agreement as possible, and the other provisions of this Agreement shall remain fully valid and effective.

12.2 This Agreement is signed in Huangpu District, Guangzhou City , People's Republic of China . If a dispute arises between you and the Developer, both parties shall try to resolve it through friendly negotiation. If the negotiation fails, you agree that the dispute shall be submitted to the jurisdiction of the Huangpu District Court of Guangzhou City .

12.3 In order to provide you with better services or to meet the needs of changes in national laws and regulations, policy adjustments, technical conditions, product functions, etc., the Developer will revise this Agreement in a timely manner, and the revised content will constitute an integral part of this Agreement. To facilitate your timely understanding of the latest version of this Agreement, you can check it on the relevant pages of this Software and related services. If you continue to use this Software and related services, it means that you have agreed to accept the revised content of this Agreement. If you have any objections to the revised terms of the Agreement, please stop logging in or using this Software and related services immediately. If you continue to log in or use this Software and related services, it will be deemed that you recognize and accept the revised terms of the Agreement.

12.4 The headings in this Agreement are for convenience and reading purposes only and shall not affect the meaning or interpretation of any provision of this Agreement.

12.5 You and the developer are independent entities. Under no circumstances shall this Agreement constitute any form of express or implied warranty or condition from the developer to the user, nor shall this Agreement constitute an agency, partnership, joint venture or employment relationship between the two parties.

12.6 The copyright of this Agreement belongs to the Developer, and the Developer reserves all rights of interpretation and modification. 

Thank you for reading our terms. If you have any questions about the service or terms, please send an email to fang949392@163.com

 

 

 

 

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