User Agreement
1.Introduction
1.1.Purpose and Scope
The purpose of this agreement (hereafter referred to as “the Agreement”) is to set out the terms the user must agree to when using Theact.AI . The Agreement is an agreement between you and the Theact.AI operator regarding registration, login to Theact.AI and use of the Theact.AI services. The Agreement has a contractual effect on you and the Theact.AI operator. Due to the rapid development of the Internet, the terms set out in the Agreement between you and the Theact.AI operator cannot be fully listed and cover all your rights and obligations with Theact.AI , nor can the existing agreements guarantee full compliance with future developmental needs. Therefore, the relevant declarations and policies, Theact.AI rules and agreements publicized by the Theact.AI operator are supplementary agreements to this Agreement, which are inseparable from the Agreement and have the same legal effects. If you use any services provided on the Theact.AI platform, you are deemed to agree to the abovementioned supplementary agreement.
1.2.Acceptance of Terms
When you fill in the information, read and agree to the Agreement and complete all the registration procedures according to the prompts on the registration page, it means that you have fully read, understood and accepted all the contents of the Agreement, and reached an agreement with the Theact.AI operator to become a "user" of Theact.AI . In the process of reading the Agreement, if you do not agree with the Agreement or any of its provisions, you should immediately stop any further process and stop using Theact.AI or any of its services. If you click on the buttons of "Agree", "Accept", "Agree and continue", "Create Account" etc., or actually use any service provided by Theact.AI , it is deemed that you have fully accepted and signed the Agreement. If you have not applied for the registration process, or have become a registered user of Theact.AI before the Agreement comes into effect, then by accessing and/or using Theact.AI you are deemed to have agreed to accept the entire contents of the Agreement, otherwise you have no right to access or use any service provided by Theact.AI .
1.3.Modification to the Agreement
After you sign the Agreement, the content of the Agreement may be modified due to changes in national policies, product functions and forms, operating plans, and the environment in which the Agreement is performed. The revised agreement is posted on the Theact.AI webste and you may view it at any time. If you have a protest against the revised agreement, please immediately stop logging in and stop using the Theact.AI service. If you log in or continue to use Theact.AI , it is deemed that you have recognized the revised agreement and agreed to be bound by it.
2.Eligibility
2.1.Age Restriction
The user must be at least 18 years old (in some localities 21). If you are under 18 years old, please stop using Theact.AI immediately.
2.2.The User’s Responsibility for Compliance
The user is responsible for complying with any national and local laws of the user’s place of residence. The user is also responsible for complying with international laws and treaties.
3.User Account
3.1.Account Creation
Once the user starts the account registration process, he or she will be provided detailed steps of how to register for an account on Theact.AI . The user can register an account by following the steps.
3.2.Account Security
Your account is set up for you and kept by you. Theact.AI will not ask you to provide your account password at any time. Therefore, it is recommended that you keep your account safe and ensure that you log out and leave the Theact.AI platform with the correct steps at the end of each online session. If you take the initiative to notify the Theact.AI operator and require the Theact.AI operator to take measures to suspend the login and use of your account, the Theact.AI operator should require you to provide and verify valid personal identity information consistent with your registered identity information, otherwise the Theact.AI operator has the right to refuse your above requests. If the Theact.AI operator verifies that the personal identity information you provided is consistent with the registered identity information, the operator shall take timely measures to suspend the login and use of the user account. The loss and consequences of the account due to your active disclosure or because you have been attacked or defrauded by others will be borne by you. The Theact.AI operator is not responsible, and you may recover from the infringer through judicial, administrative and other relief channels. When your account is used without authorization, you should immediately notify the Theact.AI operator, otherwise the unauthorized use will be regarded as your own behavior, and you will bear all the losses and consequences arising therefrom. Except for the fault of the Theact.AI operator, you are responsible for all the behavior results under your account (including but not limited to signing agreements online, publishing information, and disclosing information, etc.). If you find any unauthorized use of your account to log in to Theact.AI or other situations that may cause your account to be stolen or lost, we recommend that you immediately notify the Theact.AI operator. You understand that it takes reasonable time for the Theact.AI operator to take action on any of your requests, and the actions taken by the Theact.AI operator at your request may not avoid or prevent the formation or expansion of the consequences of the violation. Except that it is the Theact.AI operator's legal fault, Theact.AI operator does not assume any responsibility. In addition, the Theact.AI platform operator shall not be liable for any loss caused by being impersonated by others, within the scope permitted by law. Please note that the responsibility for keeping the account and password for the Theact.AI platform lies with you. The operator of the Theact.AI platform will not promise that you will be able to retrieve them through the operator of the Theact.AI platform if the account or password is lost or forgotten.</Des> <Des>3.3.Account Termination
The user can terminate his or her account at any time. There is an account termination process which the user can follow to terminate his or her account. If Theact.AI finds out that a user has violated the terms of this agreement, international, national or local laws, Theact.AI has the right to suspend his or her account temporarily or terminate his or her account permenantly.
4.User Conduct
4.1.Prohibited Activities
You understand and guarantee that you will not perform the following prohibited actions on the Theact.AI or let anyone else use your account to perform the following actions:
(1)Impersonate another person or organization, or misrepresent that you are in contact with any person or entity (including setting a false account name or accessing another user's account), or use maliciously your registered account, leading to misidentification of other subscribers when registering an account, or using Theact.AI services (including but not limited to uploading, publishing, disseminating information, etc.);
(2)Forge the title or manipulate the content in other ways to make others mistakenly believe that the content is being transmitted by Theact.AI ;
(3)Upload, post, email or otherwise transmit content that is not authorized to be transmitted (such as internal information, confidential information, content that infringes on anyone ’s patents, trademarks, copyrights, trade secrets or other exclusive rights, etc.);
(4)Upload, post, send e-mail or transmit in any other way any unsolicited or unauthorized "spam", advertising or promotional materials, promotional materials, or any other commercial communications;
(5)Without the explicit permission of the Theact.AI operator, use the Theact.AI services for any commercial purpose or for the benefit of any third party;
(6)Track or harass others in any way;
(7)Participate in any activities or transactions that are illegal or likely to be illegal (judgement by Theact.AI ), including teaching criminal methods, selling any illegal drugs, money laundering activities, fraud, etc;
(8)Gambling, gambling in disguise, providing gambling information or inducing others to participate in gambling activities by any means;
(9)Use the intellectual property rights of Theact.AI operators (including Theact.AI 's trademarks, brands, logos, any other proprietary materials or the layout or design of any web page), or violate in any other way any intellectual property rights of Theact.AI operators (including attempting to reverse engineer the subscribers of the Theact.AI platform or the software used);
(10) By using any automated programs, software, engines, web crawlers, web analysis tools, data extraction tools or similar tools, access Theact.AI services, collect or process content provided through Theact.AI services;
(11) Participate in any "framework", "mirror image" or other technology, with the purpose of imitating the appearance and function of the Theact.AI service;
(12) Intervene with or attempt to interfere with any user or any other party accessing Theact.AI services;
(13) Deliberately disseminate viruses, network worms, Trojan horses, or damaged viruses that contain interference, damage, or restrict computer software, hardware or communication device functions, Mixer services, servers and networks connected to Theact.AI services’ data such as files or other malicious code or projects;
(14) Without the explicit consent of others, share or publish personally identifiable information about such persons;
(15) Explore or test whether the Theact.AI service, system or other user's system is vulnerable to intrusion attacks, or circumvent (or attempt to circumvent) any security features of the Theact.AI service, system or other user's system in any other way;
(16) Decompile, reverse compile or reverse engineer the software used by the Theact.AI service, or try to make the above matters;
(17) Open multiple accounts for the purpose of destruction or abuse, or maliciously upload duplicate and invalid bulk data and information;
(18) Perform any behavior that undermines the fairness of the Theact.AI services or other activities that affect the normal order of the website, such as active or passive scoring, partnership cheating, use of plug-in or other cheating software, and use of BUG (also called "vulnerability" or "defect") to obtain unlawful and illegal benefits, or use the Internet or other methods to make the plug-in, cheating software, and BUG public;
(19) Carry out any commercial activities such as publishing advertisements or selling commodities, or any illegal acts that infringe the interests of Theact.AI .
(20) Maliciously discredit and defame the Theact.AI or its operator, spread relevant comments or reports that damage the Theact.AI or its operator, instigate fans, netizens or other online groups to maliciously attack the Mixer or its operator, regardless of whether your Mixer account has been banned or cancelled;
(21) Without the written consent of the Theact.AI operator, publish comments on the Theact.AI or its operators on any news media, self-media and other platforms, and accept interviews about the Theact.AI or its operators, regardless of whether your Theact.AI account has been banned or cancelled;
(22) Intentional or unintentional violation of any relevant laws, regulations, rules and other legally valid regulations in Singapore and the region you are in;
(23) Other acts prohibited by this Agreement.
4.2.Community Guideline
Other than avoiding the prohibited activities and the violation of the law, the user should always be respectful when interacting with the platform and other users and should always subject himself or herself to a high moral standard.
4.3.Reporting Violations
If the user finds out that another user has committed an prohibited activity described above or violated any other term of the Agreement, the user can report the violator via the report method provided on the website.
5.Content Standard
5.1.User-Generated Content
Other than avoiding creating prohibited contents mentioned below or contents infringing others’ legal rights, the user should always be respectful to others when creating content on the platform and subject himself or herself to a high moral standard.
5.2.NSFW Content Guideline
5.3.Intellectual Property Rights
Unless otherwise agreed or otherwise stated by the Theact.AI operator, all intellectual property rights (including but not limited to copyright, trademark rights, patent rights, trade secrets, etc.) and related rights of all the content (except for the content that the user has copyright), technology, software, programs, data and other information (including but not limited to text, images, pictures, photos, audio, video, graphics, color, layout, electronic documents) on Theact.AI all belong to the Theact.AI operator or its affiliated company. Without the permission of the Theact.AI operator, no one shall use (including but not limited to copy, disseminate, display, mirror, upload, download, modify, rent) it. Unless otherwise agreed or otherwise stated by the Theact.AI operator, all intellectual property rights (including but not limited to copyright, trademark rights, patent rights, trade secrets, etc.) and related rights of all the content (except for the content that the user has copyright), technology, software, programs, data and other information (including but not limited to text, images, pictures, photos, audio, video, graphics, color, layout, electronic documents) on Theact.AI all belong to the Theact.AI operator or its affiliated company. Without the permission of the Theact.AI operator, no one shall use (including but not limited to copy, disseminate, display, mirror, upload, download, modify, rent) it.
5.4.Prohibited Content
(1)Information leaking state secrets, endangering national security, endangering national defense, or harming national honor and interests;
(2)Content that is offensive, insensitive, upsetting, disgusting, or creepy
(3)Hateful speech or conduct, including any content that promote racism, terrorism, ageism or sexism;
(4)Child pornography or other content related to the exploitation of children;
(5)Excessively violent content, including any content that is related to death or serious injury;
(6)Realistic portrayals of harm to people or animals.
(7)Realistic portrayals of harm to people or animals;
(8)Content disturbing social order, destroying social stability, and suspected of shaking the public's confidence in law enforcement;
(9)Content depicting, encouraging or assisting suicide or self-harm;
(10) Rumor, false or misleading information;
(11) Content exploiting recent or current events, such as violent conflicts, terrorist attacks, or epidemics;
(12) Profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
(13) Content related to gambling, abortion, weapon, or other highly controversial subject matter;
(14) Content glorifying real-life violence or crime, including depictions of known violent criminals;
(15)Abusive and libelous content, or content otherwise harassing other people or group;
(16) Content that infringes on the legal rights and interests of others, including but not limited to intellectual property rights;
(17) Spam, junk mail or other unsolicited advertisement;
(18) Other contents prohibited by relevant laws, administrative regulations and state regulations;
(19) Theact AI determines that it is negative content or other content that is not suitable for publishing or transmission.
6.Chatbot Creation and Usage
6.1.Originality and Ownership
The person who creates a chatbot is the owner of the chatbot. A user should not create chatbots for another user.
6.2.Content Restrictions
(1)All chatbots must be portrayed as adults over the age of 18. If the chatbot’s age is not immediately clear, please specify it in the chatbot’s personality description;
(2)Any content depicting non-consensual acts is strictly forbidden;
(3)Content that promotes hate or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, or other characteristics is not allowed;
(4)The sexualization or depiction of real individuals without their explicit consent is strictly prohibited. This includes using names, images, or any identifying information of real people in a sexual or inappropriate manner. Respect for personal rights and privacy is paramount.
6.3.Public Figures and Fictional Representations
Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Service and You do not have the celebrity's permission. If You are a celebrity and You believe Your rights have been infringed on our Service, please submit a notification of infringement to us via the contact information we provide. Please also provide the location on the Service where You believe the infringement is occurring.
7.Privacy and Data Security
Please refer to the Privacy Policy for information on privacy and data security.
8.Payment and Subscription
8.1.Subscription Plans
We may offer subscription plans at different rates, please make sure your subscription fits your needs and desires.
8.2.Payment Terms
If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
8.3.Refund Policy
In principle, we do not issue refunds for dissatisfaction with our products or services. If your payment information is used to make a purchase by someone other than yourself without or knowledge and/or consent or by someone who is not capable of entering a binding contract in your jurisdiction, please contact us to discuss the terms of a partial or complete refund.
8.4.Changes to Subscription Terms
We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
9.Disclaimers and Limitation of Liability
9.1.No Warranty
Theact.AI operators are only responsible for the services actually provided to you "as how it currently is" and "available". The Theact.AI operator bears the corresponding obligations in accordance with the law, but shall not be held liable for any loss or legal consequence due to the maintenance of the information network equipment, connection failures, computer, communication or other system failures, hacking activities, computer viruses, power failures, strikes, riots, fires, floods , storms, explosions, wars, government actions, the orders of judicial or administrative agencies or the results of damages caused to you by third parties. And the Theact.AI operator shall assume no responsibility for this.
9.2.Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Theact.AI and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website. To the maximum extent permitted by applicable law, in no event shall Theact.AI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Theact.AI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9.3.Indemnification
You agree to indemnify and hold Theact AI and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
10.Governing Law and Dispute Resolution
10.1.Governing Law
The conclusion, entry into force, interpretation, amendment, supplementation, termination, execution and dispute resolution of this agreement shall be governed by the laws of the mainland of the Republic of Singapore, without regard to the principle of legal selection; if there are no relevant provisions in the law, refer to business practices and/or industry practices.
10.2.Dispute Resolution
Disputes arising from using the Theact.AI service and related to the Theact.AI service will be resolved by the Theact.AI operator in consultation with you. When the negotiation fails, either party shall submit to the Singapore International Arbitration Centre (SIAC), and the arbitration shall be conducted by it in accordance with the Singapore International Arbitration Centre (SIAC) ’s arbitration rules. The place of arbitration shall be Singapore, and the language of arbitration shall be English.
11.Miscellaneous
This Agreement, together with the Privacy Policy and any other legal notices published by Theact.AI shall constitute the entire agreement between you and Theact.AI . If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Theact.AI ’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.Contact Information
If you have any questions, concerns, or comments about our User Agreement, please contact us at: [email protected]