Terms & Conditions
1. Your Relationship With Us
You are reading the terms of service ( the "Terms"), which govern the relationship between users ( hereinafter referred to as "you", "user", "Licensee") and HitPaw (Hong Kong) Limited (hereinafter referred to as "HitPaw","Licensor", "we", "us" or "the company") and set forth the terms and conditions by which you may access and use our related websites/products/services. It shall have the same legal force for both sides.
The Terms form a legal binding between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has viewed and discussed these Terms with you.
The information provided on the related websites/products/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 Site 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.
2. Accepting the Terms
Please read these Terms carefully before confirming whether or not to accept. The Terms are complementary to the Privacy Policy. We will treat your acceptance of these Terms as your acceptance of the Privacy Policy. You may access or use ("access or use" including but not limited to one or more of the following acts: downloading, installing, launching, browsing, registering, logging in, etc., collectively, the "acts" ) our websites, products and services. Any of the above acts shall be deemed to be voluntary acceptance of all contents of these Terms. If you do not accept these Terms in their entirety, or if you do not accurately understand our interpretation of these Terms, please do not access or use our website/ products/services and immediately uninstall and delete all copies of the products you own. Hitpaw reserves the right to seek all remedies in law and equity for any violation of these terms and conditions.
In particular, you are reminded that these Terms are general user terms of service that apply uniformly. For some of our specific products/services, we may also have separate terms and conditions, specific business rules, etc. (collectively, the "Separate Agreements") to clarify to you the content, rules, etc. of such products/services more specifically. We’ll treat your acceptance of these Terms in their entirety as your acceptance of any separate agreement, so lease read carefully before you agree to the entire contents of the particular Terms of Service before using that particular product/service.
3. Changes to the Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use. We will make commercially reasonable efforts to disclose any material changes to these terms on this website or notify you of such changes through back-end prompts. However, you should also regularly review the terms to check for such changes. We will also update the "Last Updated" date at the top of these terms, which reflects the effective date of these terms.
If you do not agree with the changes that have taken effect, you must stop accessing or using our website/products/services after the effective date. In that case, the changes will not be valid for you. Conversely, If you continue to access or use our website/products/services after the changes are effective, it will be deemed that you understand and accept the amended terms.
4. Your Account with Us
To access or use our website/products/services, you may need to create an account with us. When you create this account, you will be required to provide accurate and up-to-date information. It is important that you maintain and promptly update the information you provide to us to keep such information current and complete. We may ask you to confirm your registration information to enable you to use the product constantly.
There shall be no illegal or unhealthy information in your registration. You agree not to use any username that is unlawful, fraudulent, defamatory, abusive, hateful, violent, harassing, discriminatory, racist or aims to violate the rights of others (including, but not limited to: intellectual property rights, privacy rights and image rights). The above applies in all cases when you create a nickname; You shall not impersonate any other person (including, but not limited to: spoofing another person's name, mobile phone number, avatar, etc. in a manner that is likely to cause confusion) to open an account; you shall not share your account or your registration information with others, or allow any other person to access your account; and you shall not buy any other account, as well as sell, rent or abandon your account. If we receive a report or have reasonable grounds or evidence from our investigation that the current user of an account is not the person who originally registered, or if you fail to comply with any of the provisions of these Terms, or if your account is in breach of the legal rights of any third party, or in breach of any applicable law or regulation. We reserve the right to take actions including, but not limited to: freezing the account, terminating the provision of products and/or services to the account, or deleting the account.
You are responsible for the safekeeping and proper use of your account and password. If you fail to do so, and your failure results in the loss of your password or theft of your account, then you are solely responsible for legal liability arising therefrom.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
If you no longer want to use our services again, and would like your account deleted, contact us at: [email protected].
5. Your Access to and Use of Our Services
You have the right to access or use our website/products/services for non-commercial purposes and we hereby grant you a personal, non-transferable, non-sublicensable, non-exclusive, revocable, general license to use them.
Your access to and use of our website/products/ services is subjected to these Terms and all applicable laws and regulations. In the course of use, you shall not do any of the following, including but not limited to: copy, modify or create derivative works(including plug-ins, unauthorized third party programs etc.) without our authorization; sell, rent, lend, publish or transmit the Software to others in any form; derive source code by deconstructing software, decompiling, disassembling or reverse engineering; develop new products based on our products; provide product data processing services, application services or commercial sharing to any third parties; infringe our rights in any form or manner without our authorization or infringe the interests of others in the use of our software; use our products or services to engage in illegal and criminal activities that violates social order and morality, violates the privacy, reputation, portrait, intellectual property rights and other legal rights and interests of other; as well as any other acts not authorized by the our Company.
The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
6. Intellectual Property Rights
All content contained on our website/products /services (including, but not limited to: trademarks, patents, word expressions and combinations thereof, images, logos, video, audio, layout, page frames, programs, etc.) and all content protected by copyright laws, other intellectual property laws and treaties is owned by us or licensed by us. You may not remove our copyright marks or other rights notices from our website/products/services. You are granted a separate licence to use our website/products/services only when you access or use them; a licence to use the software shall not be deemed to permission of transferring or sharing any or all of its intellectual property rights under any circumstances.
No one may reproduce, distribute or publish any information belonging to our intellectual property in any form, whether for commercial or non-commercial use without our written permission. We reserve the right to pursue legal action against infringers.
You guarantee that your use of our website/products/services will not infringe the intellectual property rights of any third party and that you will be solely responsible for all liability if your acts infringe the intellectual property rights of any third party.
When you use our website/products/services, once your artwork has been created and delivered to you, the intellectual property rights that exist in that particular artwork will be transferred to you and you will have free reign over the permissions associated with your artwork. However, as the law related to works created by AI is constantly evolving and developing, we do not guarantee that you will be able to assert the intellectual property rights in your work in every jurisdiction, or that your work or any trademark application or copyright claim will not infringe the intellectual property rights of any third party. And you hereby grant us a worldwide, non-exclusive, non-sublicensable, royalty-free licence to reproduce, duplicate and display your artwork created in the course of using our website/products/services for the purpose of displaying our website/products/services or for commercial promotion.
7. Fee-based services and payment rules
Our products/services may be provided on a chargeable basis and we may charge for some of our services either currently or in the future, depending on the actual needs. In that case, there will be clear indications or guidance for you on the relevant pages. If you refuse to pay the fee, you will not be able to use the service after the payment day. Prior to the commencement of the charge, we will publish the rules of the chargeable services, the rates and the method of charging, and we have the right to adjust the rules of charging according to the actual needs. Your continued use of the relevant services after the adjustment will be treated as acceptance of adjusted rules of charging.
If you buy any of our paid Services, you agree to pay us the applicable fees, any applicable taxes and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees of third parties you have engaged. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
Our fees and the scope of our services might vary depending on profiling of your specific consumer behaviour.
The free trial shall last for the period mentioned on the website. After this free trial, the regular price will be charged with your selected payment method. You will be required to submit your payment information if you sign up for a free trial, to allow automatic payments once the free trial period finishes. If you do not wish to continue our service once the free trial ends you must cancel the service within the free trial period. You are able to cancel the free trial on your account page.
The free trial only applies to new customers and may not be available for all services, regions, countries or currencies. HitPaw reserves the right to remove or cancel the free trial offer at any time without any reason.
Your payments are processed through third-party payment platforms or tools that we partner with. Before you make a recharge or payment, please carefully read and ensure that you fully understand the relevant rules of the third-party payment platform or tool, and ensure that you complete the recharge or payment in full compliance with the aforementioned rules.
You understand and agree that the use of virtual currency top-ups on our website/products/services via third party payment platforms or instruments is subject to certain service rules.
The auto-renewal service is introduced on the premise that you have a continuous monthly subscription on our website/product/service. It is based on your need for auto-renewal and aims to avoid interruption of your paid service caused ny overdue renewal. Please check for the fee deduction rules and cancellation methods of auto-renewals at Cancel Subcription.
8. User Information Protection Policy
The protection of users' personal information is one of our basic principles and we will take reasonable measures. We will not disclose or reveal your personal information to any third party without your permission, except in cases prescribed by law. We will protect and regulate your personal information in accordance with our published Privacy Policy. You can view our Privacy Policy for more information on the protection of your personal information and privacy.
9. Limitation of Liability
1) For all our websites/products/services, we have made every effort to provide accurate materials and information, but we cannot guarantee their completeness, validity or reliability. We cannot be responsible for damage caused by your misuse.
2) We can not guarantee that our website/product/service can be fully suitable for the users and fully meets the user's expectations.
3) We can not guarantee that our website/products/services can keep uninterrupted, timely, secure, reliable or error-free.
4) We can not guarantee that every error in our website/products/services can be corrected.
5) You understand and agree that when use or access our website/products/services, you may encounter factors such as force majeure (force majeure means an objective event that cannot be foreseen, overcome or avoided), including but not limited to governmental acts, natural disasters (such as floods, earthquakes, typhoons, etc.), network causes, hacker damage, war, strikes, riots, etc. In the event of force majeure, we will endeavour to promptly repair our website/products/services, but the Company shall be exempt from liability for losses from suspension or termination cause by force majeure to the extent permitted by laws and regulations.
6) The Company obtains the right to deal with illegal and non-compliant content in accordance with these Terms, which does not constitute an obligation or commitment on the part of the Company, and the Company cannot guarantee that violations will be detected or dealt with in a timely manner.
7) Please note that we provide our platform for family and private use only. You agree not to use our platform for any commercial or business purposes and that we are not liable to you for any loss of profits, loss of business, loss of goodwill or loss of business opportunities.
8) We may change, suspend, withdraw or restrict the availability of all or any part of our website/products/services at any time for business and operational reasons.
9) In no event shall we and our shareholders, employees, agents or affiliates be liable for any indirect, punitive, incidental damages, including, but not limited to: (i) damages caused by your inability to access or use our website/products/services; (ii) damages caused by any act or content of any third party; (iii) loss arising from the use of all or part of the content obtained or generated from our website/products/services.
10) Except as otherwise expressly provided by law or regulation, our entire liability to you, for whatever reason, shall not exceed the fees paid to us by you in the course of using our website/products/services.
11) These limits apply to our liability to you whether or not we have been advised or should have been aware of the possibility of incurring any such loss.
12) You are solely responsible for any mobile charges, including but not limited to SMS and data charges, incurred in connection with your access to or use of our website/products/services. If you are unsure what these charges will be, you should ask your service provider before using the service.
13）You expresssly acknowledge and agree that, to the extent permitted by applicable law, use of HitPaw software is at your sole risk, and the entire risk as to satisfactory quality, performance, accuracy is with you. no oral or written information or advice given by HitPaw or an authorized representative shall creat warranty.
14）HitPaw does not allow you to utilize our software to do anything that violates the local law or infringe any party's rights or intellectual property. If you utilize our software to do the illegal activity or infringe other's rights, the consequent result shall be on your own responsibility. If you disagree with this item, please don't install and/or use our website/products/services.
10. Legal application and jurisdiction
The formation, effectiveness, interpretation, amendment, supplementation, termination, enforcement, and resolution of disputes regarding these Terms shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. In the absence of relevant legal provisions, commercial customs or industry practices shall be referred to. Any disputes related to your access or use of our products and involving our company should be resolved through negotiation between the parties.
Any dispute, controversy, difference, or claim arising out of or in connection with this contract, including the existence, validity, interpretation, performance, breach, or termination thereof, or any non-contractual dispute arising out of or in connection with this contract, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in effect at the time of the submission of the arbitration notice.
Class action waiver: Legal disputes arising from these Terms will be brought only in an individual capacity, and you agree not to bring or participate in any class or representative action lawsuit arising from a dispute with us.
Should any provision of these Terms of Use be deemed invalid, ineffective or unenforceable, it shall not affect the validity and enforceability of the remaining provisions of the Terms of Use. If any provision of these Terms of Use is deemed invalid or non-binding in accordance with the relevant provisions of the laws and regulations of the PRC, such provision shall be minimally modified to be valid or binding again, and if such provision cannot be restored to validity by modification, such provision shall be deemed to be omitted.
Our failure or delay in exercising a right is not a waiver of such right, and we are entitled to exercise that right at any time.
Upon termination of these Terms, we may still be held liable to you under these Terms for your past conduct.
11. Supplemental Provisions
When you access or use our websites/products/services, the relevant agreements other than the Terms of Use that apply to our websites/products/services, together with the Terms of Use, constitute the overall agreement for the use of our websites and related services by users and shall have the same legal effect.
The service descriptions, price descriptions, and order pages that you agree to on the related pages of our websites/products/services are an integral part of the Terms of Use and have the same legal effect as it. In the event of any inconsistency between the aforesaid agreement and the Terms of Use, the service descriptions, price descriptions, and the order page that you have agreed to on the related page, etc. shall prevail.
You shall not assign any of your rights or obligations under the Terms in any way without our written consent. To the extent permitted by law, we may assign our rights and obligations without your consent.
You agree that we may deliver notifications to you by posting them on our website or partner websites, or by sending you emails, text messages, or product backstage reminders. You agree that if the notice is made by public announcement, it will be deemed to have been delivered once it is announced on the website; if the notice is made by E-mail or SMS, it will be deemed to have been delivered once it is sent; if the notice is made by backstage reminder, it will be deemed to have been delivered if you continue to use it after the update. The content of the notice may have a significantly favorable or unfavorable impact on your rights and obligations, so please be sure to pay attention to it in a timely manner. We will not be responsible for your failure to receive the aforementioned notice on the day it is sent due to a change in your contact information or failure to check it in a timely manner.
All provisions regarding confidentiality, exclusivity, indemnification, and limitation of liability shall survive the termination of these Terms.
The headings of all contents in the Terms of Use are for convenience of reading only and have no actual meaning in themselves, and cannot be used as a basis for interpreting the meaning of the Terms of Use, which are subject to our final interpretation.
You may reach us at:
a. sending an E-mail to [email protected]
b. submitting an online form to Hitpaw Online Form
