Terms of Service

This is an agreement ("this Agreement") between you and apiqik and its affiliates ("apiqik" or "we"). You confirm that: before you start a trial or purchase products or services on our apiqik platform (this Platform), you have fully read, understood and accepted all the contents of this Agreement. Once you choose "Agree" and start using this service or complete the purchase process, it means that you agree to follow this Agreement and all agreements on any modifications or supplements we may make to this Agreement in the future. If you do not meet the aforementioned conditions, you should immediately terminate registration or stop using this service. If you have signed other legal documents with us regarding your use of this Platform's services, the parts of this Agreement that conflict with such legal documents shall not apply to you. For detailed data usage policies of this Platform, please refer to the Privacy Policy.

1. Account Management

1.1

You warrant that you have full civil rights capacity and civil conduct capacity as stipulated by law, are a natural person or legal person capable of independently assuming civil liability, or you are a minor who has obtained the consent of your guardian; the content of this Agreement will not be prohibited by the laws of your country or region.

1.2 Account

1.2.1

After you fill in the relevant information according to the requirements of this Platform and confirm your agreement to perform the content of this Agreement, we will register an account for you and open the usage rights of this Platform. Your account is for your personal use only and enables you to access certain services and features. We may modify and maintain these services and features from time to time at our sole discretion.

1.2.2

An individual may access and use this Platform on behalf of a company or other entity. In such cases, this Agreement shall be effective not only between us and such individual, but also between us and such company or entity.

1.2.3

If you connect/access this service through a third party, it means that you allow us to access and use your information, and store your login credentials and access tokens.

1.2.4 Account Security.

When you create an account, you have the right to log in to this Platform using the mobile phone number you set or confirmed and the password you set. We recommend that you use a strong password (a password composed of uppercase and lowercase letters, numbers and symbols) to protect your account. Your account is set up and kept by you, and this Platform will never actively ask you to provide your account password at any time. Therefore, it is recommended that you keep your account properly. If your account is lost or consequences due to your active disclosure or due to attacks, fraud and other behaviors you suffer, this Platform shall not be liable, and you should seek compensation from the infringer through judicial, administrative and other remedies. By providing us with your email address as your valid contact information, you agree that we may use that email address to send you relevant notices, and you must pay attention to them in a timely manner.

1.2.5

The account name you set must not violate national laws and regulations, public order and good customs, social morality, or easily cause confusion between your identity and this Platform, otherwise it may result in your account registration being unsuccessful or we have the right to cancel it after notifying you.

1.2.6

Your successfully registered account can only be used by yourself. Unless otherwise agreed between us, you may not give, lend, rent, transfer, sell or otherwise license third parties to use your account in any form. If this Platform discovers or has reasonable grounds to believe that the user is not the initial registrant of the account, in order to protect account security, we have the right to immediately suspend or terminate the provision of services to the registered account, and have the right to permanently disable the account.

1.2.7

The same user can create several organization accounts. The organization account you successfully create can be used by yourself or allowed to be used by other users together. You need to use it in accordance with the relevant requirements of this Platform for organization accounts. Otherwise, to protect account security, we have the right to immediately suspend or terminate the provision of all or part of the services to the organization account, and have the right to permanently disable the account.

1.2.8 The scope of application of this Platform and related services is as follows:

This is the main content paragraph of 1.2.8

(a) Applicable population for related services: The service is applicable to all people who use related services, including adults, minors and other groups, without distinguishing specific applicable populations. If minors are involved in use, the company has set up special provisions for minors in this Agreement to urge minors to use this service as required.
(b) Applicable occasions: The service is applicable to content generation service occasions for developers, and is not applicable to automatic control, medical information services, psychological counseling and critical information infrastructure occasions.
(c) Service scope: The service is not limited to specific fields. Based on apiqik inference framework technology, it provides developers with fast and efficient general content generation services through web pages or APIs.

1.3

Changes, suspension and termination. We may change, suspend or terminate the provision of services to you, or set usage restrictions on services, without liability, with prior notice by one or more means such as announcements on this Platform, internal messages, emails or text messages to the best of our efforts. We may disable your account at any time. Even if your account is terminated for any reason, you will continue to be bound by this Agreement.

1.4

In cases where there are clear legal requirements, if this Platform as a platform service provider must verify user information, this Platform will check and verify your information from time to time in accordance with the law, and you should cooperate to provide the latest, true, complete and valid information. If this Platform cannot verify based on the information you provide, this Platform has the right to send you an inquiry or request for rectification notice, and require you to re-authenticate, until suspending or terminating the provision of some or all platform services to you. This Platform shall not be liable for this.

1.5

You shall be responsible for your interactions, exchanges, communications with other users. We reserve the right to monitor disputes between you and other users. We shall not be liable for your interactions with other users and any user's actions or inactions, including liabilities related to Interaction Data (as defined below).

2. Access to Services and Service Restrictions

2.1 Access to Services

Subject to your compliance with this Agreement, you are hereby granted a non-exclusive, non-transferable right to access and use this service, solely for your personal use or the internal business purposes of the company or other entity you represent. We reserve all rights not expressly granted in this Agreement.

2.2 Service Restrictions

2.2.1

Disassemble, reverse engineer, decode or decompile any part of the service;

2.2.2

Purchase, sell or transfer API keys without our prior written consent;

2.2.3

Copy, rent, sell, loan, transfer, license or intend to sublicense, resell, distribute, modify any part of this service or any of our intellectual property (as defined below);

2.2.4

Take any action that may impose an unreasonably large load on our servers, infrastructure, etc.;

2.2.5

Use this Platform's services in any of the following ways or for any of the following purposes:

(a) Opposing the basic principles established by the Constitution;
(b) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(c) Harming national honor and interests;
(d) Inciting regional discrimination or regional hatred;
(e) Inciting ethnic hatred or ethnic discrimination, or undermining ethnic unity;
(f) Undermining the state's religious policies, promoting cults and feudal superstitions;
(g) Spreading rumors, disrupting social order, or undermining social stability;
(h) Spreading obscenity, pornography, gambling, violence, murder, terror or inciting crime;
(i) Insulting or slandering others, infringing upon the legitimate rights and interests of others;
(j) Inciting illegal assembly, association, procession, demonstration, or gathering to disrupt social order;
(k) Acting in the name of illegal civil organizations;
(l) Works that are not your own and may involve infringement disputes;
(m) May infringe upon the prior rights of others;
(n) Conducting violent intimidation, threats, or human flesh searches against others;
(o) Involving others' privacy, personal information or data;
(p) Infringing upon others' privacy rights, reputation rights, portrait rights, intellectual property rights and other legitimate rights and interests;
(q) Infringing upon the legitimate rights and interests of minors or harming the physical and mental health of minors;
(r) Secretly photographing or recording others without their permission, infringing upon their legitimate rights;
(s) Violating the "seven bottom lines" requirements of legal and regulatory bottom lines, socialist system bottom lines, national interest bottom lines, citizens' legitimate rights and interests bottom lines, social public order bottom lines, moral fashion bottom lines and information authenticity bottom lines;
(t) Prohibited by relevant laws, administrative regulations, etc.

2.2.6

Circumvent measures we may use to prevent or restrict access to the service, including but not limited to blocking or restricting the use or copying of any content or restricting the use of the service or any part of its functionality;

2.2.7

Attempt to interfere with or compromise the system integrity or security of servers running the service, or decipher any transmissions to or from servers running the service;

2.2.8

Use this service to send spam, chain letters or other unsolicited emails;

2.2.9

Transmit illegal data, viruses or other software agents through this service;

2.2.10

Impersonate another person or entity, misrepresent your relationship with a person or entity, conceal or attempt to conceal your identity, or otherwise use this service for any invasive or fraudulent purpose;

2.2.11

Collect or obtain any personal information from this service, including but not limited to the names of other users.

2.2.12

Other actions not expressly authorized by us or usage methods that may harm our interests.

3. Interaction Data

3.1

Interaction Data. During your use of this Platform and affiliated services, data will be generated, such as: text, real-time instructions, images, videos, audio, code, files, data and information ("Interaction Data"). This Platform may collect this Interaction Data in order to provide services to you.

3.2

If there is any violation of laws and regulations or this Agreement in the Interaction Data, we have the right to delete or modify the technical service.

3.3 Regarding your Interaction Data, you confirm, declare and warrant:

3.3.1

When we require, you can provide written explanation or authorization for the source and legality of personal information contained in the Interaction Data or information that requires authorization before use. If you exceed the scope or period of authorization, you shall be responsible for obtaining an expansion or extension of the authorization scope.

3.3.2

Your Interaction Data, and your use of Interaction Data in accordance with this Agreement, will not violate any applicable laws or confidentiality agreements or any rights of any third party, including but not limited to any intellectual property rights or privacy rights.

3.3.3

Your Interaction Data does not include anything that infringes or harms the rights or property of others or us or our affiliated companies, and you assume full responsibility and warrant that the Interaction Data you provide does not infringe any rights or property of any third party;

3.3.4

You will not upload or provide through this service, directly or through other means, any personal information of children under 14 years old;

3.3.5

Your Interaction Data does not include obscene or other illegal nature or content; does not include hate speech, threats or direct attacks against individuals or groups; does not include harassment, insult, defamation, vulgar, obscene or content that infringes on others' privacy; does not include gender discrimination or racial, ethnic or other discriminatory content; does not include content containing self-harm or excessive violence; does not include profiles that violate or impersonate; does not include illegal content or content that facilitates harmful or illegal activities; does not include any personal information of any individual without their consent when ignoring format or style; does not include spam, machine-generated content or unsolicited bulk commercial content; does not include or encourage fraudulent schemes.

3.4

This Platform, as an independent technical supporter, does not enjoy any intellectual property rights to all Interaction Data generated by your use of this Platform's services. All Interaction Data generated by your use of this Platform's services and the obligations and responsibilities are borne by you, and this Platform is not responsible for any losses caused thereby.

3.5

This Platform, as an independent technical supporter, if you use this Platform to provide services to any third party, the corresponding rights, obligations and responsibilities are borne by you, and this Platform is not responsible for any losses caused thereby.

3.6 Disclaimer

3.6.1

We are not responsible for any Interaction Data. You will be responsible for and assume full responsibility for the Interaction Data you input, feedback, correct, process, store, upload, download, and distribute on this Platform's related services. The technical services provided by this Platform will only strictly execute your instructions to process your Interaction Data. Unless otherwise provided by laws and regulations, agreed upon according to specific product rules, or obtained at your request to provide you with technical assistance for troubleshooting or solving technical problems, we will not access your Interaction Data. You understand and agree that we and this Platform are only passive technical supporters or providers of Interaction Data. We and this Platform will not make any unauthorized use or disclosure of your Interaction Data, nor will we store it.

3.6.2

Please understand and agree that we will, in accordance with the "Measures for the Identification of Artificial Intelligence Generated and Synthesized Content" and other relevant laws and regulations, appropriately identify, watermark, code, information, and not affect the use of the above identification to identify your usage needs and trace them. In specific scenarios, to better meet your usage needs, we may provide you with the option of AI-generated synthetic content without explicit identification. If you apply for this option, please promise and guarantee:

(a) Not to use the content to engage in forging false information or other illegal activities;
(b) When you publish or disseminate non-authentic information produced using new technologies and applications such as deep learning, virtual reality, and generative artificial intelligence to relevant platforms, or other information content that may cause public confusion or misidentification, you should identify it in a prominent manner;
(c) When sharing the content with third parties or using network information content dissemination services to publish the content, actively declare it as AI-generated content;
(d) Comply with other requirements stipulated by relevant laws. If you violate this Agreement and use the identification to cause losses to us or others, you shall bear all legal responsibilities.

4. Intellectual Property

4.1 Definition

For the purposes of this Agreement, "Intellectual Property" means all patent rights, copyrights, moral rights, personality rights, trademark rights, goodwill, trade secret rights, technology, information, data, etc., as well as any intellectual property and ownership that can exist or may exist in the future, and all intellectual property in applications, registered, and renewed under applicable law.

4.2 apiqik Intellectual Property

You understand and acknowledge that we own and will continue to own all rights (including intellectual property rights) to this Platform and the services provided by this Platform. You may not inquire, sell, license, rent, modify, distribute, copy, transmit, display, perform, republish, upload, post, send emails, disseminate or otherwise use this Platform or any materials provided by this Platform in any other way, except for the rights expressly granted to you in this Agreement. Rights not expressly granted to you in this Agreement will be reserved by apiqik.

4.3 Output

Subject to your compliance with the following matters and on a legal and compliant basis, you may use the results produced using this Platform's services in accordance with legal requirements:

(a) Your use of the service and output will not transfer or infringe any intellectual property rights (including will not infringe apiqik intellectual property rights and other third-party intellectual property rights);
(b) If we determine at our discretion that your use of the output violates laws and regulations or may infringe any third party's rights, we may at any time restrict your use of the output and require you to stop using the output (and delete any copies thereof);
(c) You may not prohibit others from using the output. The result is artificially generated and you need to fulfill corresponding identification obligations in accordance with relevant legal provisions;
(d) You may not violate any model provider's authorization license, usage restrictions and intellectual property-related agreements. You agree that we shall not be liable to you or any third party for any output content or results claimed to be generated by the technical services we provide.

4.4 User Usage Data

We may collect or you may provide us with diagnostic, technical, usage-related information, including information about your computer, mobile device, system and software ("User Usage Data"). We may use, maintain and process User Usage Data or any part thereof for the needs of platform maintenance and operation, and within the scope permitted by law, including but not limited to:

(a) Provide and maintain platform services;
(b) Improve our products and services or develop new products or services. For detailed data usage policies, please refer to this Platform's Privacy Policy.

4.5 Feedback

If you provide us with any suggestions or feedback ("Feedback") about this service or any other apiqik products or services, you hereby assign to us all rights and interests in the Feedback, and we may freely use the Feedback and any ideas, concepts, technologies and intellectual property contained in the Feedback. Feedback is deemed to be our confidential information (as defined below).

5. Confidential Information

This service may include non-public, proprietary or confidential information ("Confidential Information") of apiqik and other users. Confidential Information includes any information that should reasonably be interpreted as confidential based on the nature of the information and the circumstances of disclosure, including non-public business, product, technical and marketing information. You will, (a) protect the privacy of all Confidential Information with at least the same degree of care as you protect your own highly sensitive information, but in no event less than reasonable care; (b) not use any Confidential Information for any purpose other than exercising your rights under this Agreement or performing your obligations; and (c) not disclose any Confidential Information to any individual or entity.

6. Billing Policy and Taxes

You understand and agree that some public services provided by this Platform may charge usage fees, after-sales fees or other fees ("Fees"). You agree to use the rates stated on this Platform's website for your pricing and payment terms (subject to our pricing/payment terms/recharge agreement and other documents updated from time to time), and you agree that we will monitor your usage data accordingly to complete billing for this service. Pricing, payment terms and recharge agreements will be incorporated into this Agreement by reference. You agree that we may add fees for new products and/or services, increase or modify fees for existing products and/or services, we may set different price fees according to your actual place of use, and/or stop providing any services at any time. Without our written consent or other relevant policies on this Platform, payment obligations are non-cancellable once incurred, and fees paid are non-refundable. If there are any government-required taxes, you will be responsible for paying taxes related to all your use/activation of services.

7. Export Control and Sanctions

You promise to comply with the export control and sanctions laws and regulations of the People's Republic of China, while complying with other export control and sanctions laws and regulations applicable to this Platform. You promise not to use the products or services provided by this Platform for military, weapons of mass destruction-related users and purposes, and not to use the products or services provided by this Platform for purposes prohibited by applicable export control and sanctions laws and regulations. Without permission from the relevant competent authorities, you and other individuals or entities you authorize to use this Platform's services shall not provide controlled products, technologies, software or services to destinations, entities or individuals prohibited by applicable export control and sanctions laws and regulations through this Platform's services.

8. Privacy and Data Security

8.1 Privacy

When you comply with this Agreement and activate relevant services on this Platform, the relevant registration information you actively provide to this Platform ("User Information"), and in order to ensure that you normally use the relevant services of this Platform, we may collect, organize and use the User Information you provide, but we will continue to comply with the Personal Information Protection Law of the People's Republic of China and other applicable laws.

8.2 Data Security

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures.

9. Use of Third-Party Services

This service may contain links to third-party websites, materials and services ("Third-Party Services") that are not owned or controlled by us. Certain features of this service may require the use of Third-Party Services. We do not endorse or assume any responsibility for any Third-Party Services. If you access Third-Party Services through this service or share your Interaction Data on any Third-Party Services, you do so at your own risk, and you understand that this Agreement does not apply to your use of any Third-Party Services. You expressly relieve us of all liability arising from your use of any Third-Party Services.

10. Indemnification

You will defend, indemnify and hold harmless us and our subsidiaries and affiliates and their respective agents, suppliers, licensors, employees, contractors, officers and directors from any and all claims, damages (whether direct, indirect, incidental, consequential or otherwise), obligations, losses, liabilities, costs, debts and expenses (including but not limited to legal fees) arising from:

(a) Your access and use of this service, including your use of any output;
(b) Your violation of any terms of this Agreement, including but not limited to your violation of any representations and warranties set forth in this Agreement;
(c) Your infringement of any third-party rights, including but not limited to any privacy rights or intellectual property rights;
(d) Your violation of any applicable laws;
(e) Interaction Data or any content submitted through your user account, including but not limited to any misleading, false or inaccurate information;
(f) Your willful or grossly negligent misconduct; or
(g) Any third party's use of your username, password or other authentication to access and use this service.

11. Disclaimer

You use this service at your own risk. We expressly disclaim any express, implied or statutory warranties, conditions or other terms, including but not limited to warranties, conditions or other terms related to merchantability, fitness for a particular purpose, design, condition, performance, utility, title and non-infringement. We do not warrant that the service will operate uninterrupted or error-free, nor do we warrant that all errors will be corrected. In addition, we do not warrant that the service or any equipment, system or network related to the use of the service will not be subject to intrusion or attack. Any content downloaded or otherwise obtained through the use of this service is at your own risk, and you shall be solely responsible for any damage to your computer system or mobile device and any data loss resulting from the above or from your access and use of this service. In addition, apiqik does not provide warranties, endorsements, guarantees, recommendations or assume responsibility for any products or services advertised or provided by any third party through this service or on any linked website or service, and apiqik does not participate in or monitor in any way any transactions between you and third-party product or service providers.

12. Limitation of Liability and Disclaimer

apiqik shall not be liable under any circumstances for the following damages:

(a) Indirect, incidental, exemplary, special or consequential damages; or
(b) Data loss or damage caused by third-party reasons, or business interruption or loss; or
(c) Loss of revenue, profits, goodwill or expected sales or earnings, under any legal theory, whether such damages are caused by the use or inability to use software or other products, even if apiqik has been advised of the possibility of such damages. The total liability of apiqik and its affiliates, officers, directors, employees, agents, suppliers and licensors to you (whether due to warranty, contract or tort (including negligence)) for any reason or in any manner, shall never exceed the fees you have paid to apiqik. Nothing in this Agreement limits or excludes liability that cannot be limited or excluded under applicable law.

13. Applicable Law and Dispute Resolution

This Agreement is governed by the laws of the People's Republic of China (for the purposes of this Agreement only, excluding the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan region). If disputes arise during the execution of this Agreement, the parties shall promptly negotiate and resolve them. If negotiation fails, either party has the right to submit the relevant dispute to the arbitration commission for arbitration, and the arbitration shall be conducted by the arbitrators of this arbitration in accordance with this Agreement. The arbitration language shall be Chinese. The arbitration place shall be Shenzhen. The arbitration result shall be final and binding on both parties.

14. Other Terms

14.1 Transferability

You may not assign or transfer this Agreement and any rights and licenses granted under this Agreement without our prior express written consent, but we may assign without restriction. Any assignment or transfer in violation of this Agreement shall be invalid.

14.2 Severability

If a provision of this Agreement or part of a provision is invalid or unenforceable, it does not affect the validity of other provisions of this Agreement. Invalid or unenforceable provisions shall be deemed deleted from this Agreement.

14.3 Amendments from Time to Time

According to relevant laws and regulations or apiqik's operational needs, we will amend this Agreement from time to time. The amended agreement will replace the agreement before revision. When you use this Platform's services, you can review and understand in a timely manner. If you continue to use this service, it is deemed as your agreement to the modified content. When disputes arise, the latest user agreement shall prevail; if you do not agree with the modified content, you have the right to stop using the services involved in this Agreement.