End User License Agreement

Last updated: January 01, 2025

This end user license agreement (this "EULA") is a legally binding agreement between you and aichatfun.com and our Affiliates (as defined below) ("we", "our" or "us"). By installing, using or otherwise accessing our services, you agree to the terms and conditions of this EULA. If you do not agree to any term of this EULA, please do not install, use or otherwise access our services. Your right to use our services is subject to your compliance with all of the terms and conditions set forth herein.

This EULA was written in English. To the extent any translated version conflicts with the English version, the English version controls.

This EULA applies specifically to:

  • - The registration and use of Your Account (as defined below);
  • - Your downloading, installing and/or using our games (including but not limited to PC games, web games, HTML5 games, mobile games, television/tablet games and any other form of games), including but not limited to any connected software, networks or services and any Updates (as defined below) we may make available to you (together, the "Software");
  • - Your access to services that are made available by us in relation to the Software (the "Services");
  • - Any Virtual Goods and Virtual Currency (each as defined below); and
  • - Any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the "Content", and together with the Software, Services, Virtual Goods, Virtual Currency, the "Licensed Items").

Usage Requirements

You must only use the Licensed Items:

  • - you are a "natural person" (corporations, limited liability companies, partnerships and other legal or business entities may not use the Licensed Items), and you are not an individual specifically prohibited by us from using the Licensed Items;
  • - if you agree to this EULA;
  • - if you can lawfully enter into this EULA with us in accordance with applicable laws and regulations; and
  • - if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.

You must comply with this EULA in your use of the Licensed Items and only use the Licensed Items as permitted by applicable laws and regulations, wherever you are when you use them. Please review this EULA and our policies and instructions to understand how you can and cannot use the Licensed Items.

If you are under the age of 13, you must not open an account and must not use any Licensed Items. If you are not an "adult" (as defined in the applicable in your jurisdiction), your parent or guardian must agree to this EULA (both for themselves and on your behalf) before you can use Your Account or any Licensed Items. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including but not limited to any payments, fees and charges relating to the Licensed Items, and you shall be responsible for monitoring and controlling the minors' access to our Services if our Services are not suitable for minors pursuant to the applicable game rating systems.

Your Privacy

Our PRIVACY POLICY, which is a part of this EULA, sets out how we collect, store and use your personal information which you provide while you use Your Account, the Licensed Items and our Services.

Changes to the Licensed Items, this EULA and the Privacy Policy

We may make changes to this EULA over time, so please come back and review them.

In addition, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from the Licensed Items (regardless of whether or not any particular Licensed Item is free of charge or not), or suspend or terminate use of the Licensed Item altogether.

By continuing to use the Licensed Items after we make any changes to this EULA, with or without notice from us, you are agreeing to be bound by the revised EULA.

License to Use the Licensed Items

The Licensed Items are property belonging to us and our licensors. They are protected by copyright laws and other intellectual property rights laws worldwide as set out in the "Our Intellectual Property Rights" section below.

Software License

Subject to the terms of this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable (except as provided below) and revocable license, under which you may:

  • use the Software in object code format only on your own devices for your own personal and non-commercial use in accordance with any instructions, user guides, FAQs or other requirements specified by us from time to time (the "Instructions") and this EULA; and
  • use the Services, subject to the "Services License" section below.

Services License

Where Services are made available as part of your use of Software under this EULA, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Services in accordance with the Instructions and this EULA.

You may be able to create certain content within the Services, such as gameplay videos or additional game characters. Such content is subject to the "Your Content" section below.

Virtual Goods and Virtual Currency License

Where Software enables you to purchase or acquire Virtual Goods and/or Virtual Currency, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable License to use the Virtual Goods and Virtual Currency in accordance with the Instructions and this EULA.

Content License

Under the terms of this EULA we grant you a limited, personal, non-exclusive, non-sublicensable, revocable right to access and use the Content through the means provided in the Software or the relevant Service for your use.

Your Content

When you submit, upload, transmit or display any data, information (other than your personal information, which we will collect, use and store pursuant to terms of the Privacy Policy), media or other content in connection with your use of our Services ("Your Content"), you understand and agree that:

  • (1) you will continue to own and be responsible for Your Content;
  • (2) you are giving us and our Affiliates the right to use Your Content (with no fees or charges payable by us to you) including but not limited to the right to create derivative works of, to publicly display, to reproduce, and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our Services;
  • (3) we may use the name that you submit in connection with Your Content (whether that be Your Account name, real name or otherwise);
  • (4) in using Your Content for these purposes, we and our Affiliates may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods;
  • (5) we may share Your Content with third parties that we work with to help provide, promote, develop and improve our Services;
  • (6) you will comply with the Instructions and this EULA, in your submission of Your Content.

In addition, you agree that we and our Affiliates (subject to this EULA, our Privacy Policy and applicable laws and regulations):

  • are allowed to retain and continue to use Your Content after you stop using our Services - for example, where you have shared Your Content with other users of our Services;
  • may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process;
  • may need to disclose Your Content (including but not limited to any information relating to Your Account) in order to enforce this EULA, protect our rights, property or safety, or the rights, property or safety of our Affiliates or other users of our Services.

You understand that even if you seek to delete Your Content from our Services, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our Services.

We reserve the right to block or remove Your Content for any reason, including but not limited to as is in our opinion appropriate or as required by applicable laws and regulations.

Monitoring and Prohibited Activities

We have no obligation to monitor Your Content and we are not responsible for monitoring the Services for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including but not limited to chat text and voice communications) when you are using the Services.

You agree not to engage in any of the following prohibited activities on or in relation to our Services, or allow any person to use Your Account to do the same:

  • 1. impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including but not limited to by creating a misrepresentative account name or accessing another user's account) or in making any communications or sharing or publishing any content or information using our Services;
  • 2. name squat via Your Account name in a way that infringes any third party's intellectual property rights or other rights;
  • 3. send any unsolicited, unauthorized spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
  • 4.

    use our Services for any commercial purpose or for the benefit of any third party, except as expressly permitted by this EULA or otherwise authorized by us from time to time, including but not limited to any of the following activities:

    • use our Services for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity;
    • making postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
    • making postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
    • making postings (whether written by you or anyone else) in exchange for money or other benefits or compensations from any third party;
    • posting information about product or shipping availability from third party suppliers;
    • making any other postings not in good faith;
  • 5.

    submit, upload, transmit or display, through our Services, any content which in fact or in our reasonable opinion:

    • breaches any laws or regulations;
    • creates a risk of loss or damage to any person or property;
    • is fraudulent, false, misleading or deceptive;
    • harms or exploits any person (whether adult or minor) in any way;
    • is hateful, harassing, abusive, racially or ethnically offensive, defamatory;
    • promotes or encourages self-harming;
    • infringes our rights or any third party's rights;
    • is pornographic, sexually explicit, violent or otherwise of an indecent nature;

Restrictions on Your Use of the Licensed Items

You may not, nor may you permit any other person to:

  • 1. use the Licensed Items in any manner or for any purpose which breaches the terms of this EULA or contravenes any applicable laws and regulations;
  • 2. use the Licensed Items to gain unauthorized access to any system, account or data;
  • 3. sub-license, rent, lease or sell the Licensed Items;
  • 4. directly or indirectly charge others for use or access to the Licensed Items;
  • 5. directly or indirectly suggest our support or endorsement of any product, service or content;

Installation and Use

You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions, including but not limited to any requirements as to operating system and compatibility.

During installation, the Licensed Items may uninstall or disable other software running on your device. Depending on the Licensed Item, you may be required to activate the Licensed Item or certain functionality in it in the manner described in the applicable Instructions.

If you do not comply with the installation instructions, you may not be able to use the Licensed Item or certain functionality may not be available to you. Your use of the Licensed Item may require an internet connection in order to authenticate the Licensed Item or perform other functions.

You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, your Virtual Currency and your Virtual Goods may only be accessible through the retrieval methods we make available to Your Account from time to time.

Your Account

You may need to create an account with us in order to access and use some elements of the Software ("Your Account").

Your Account is personal to you and you are prohibited from:

  • gifting, lending, transferring or otherwise permitting any other person to access or use Your Account
  • Your Account name, user ID and other identifiers you adopt within our Services remains our property
  • we can disable, reclaim and reuse these once Your Account is terminated or deactivated

Your Responsibilities

You are responsible for:

  • safeguarding the details of Your Account, including but not limited to any passwords used to access Your Account and our Services
  • all use of our Services under Your Account

You must promptly notify us if you know or suspect that Your Account or its password have been compromised. We will regard all use of Your Account as being by you, except where we have received and acknowledged your notification to us regarding Your Account and/or its password being compromised.

Account Security

If you fail to safeguard the details of Your Account, you agree to be solely responsible for all relevant losses, including but not limited to the loss of Virtual Goods and Virtual Currency.

We may take certain technical measures to verify that you are the owner of Your Account from time to time, especially when you intend to take certain major actions, such as:

  • changing your password
  • deleting your Account
  • sending verification code to your cell phone or email address
  • requesting additional information with respect to Your Account or your use of our Services

Updates and Changes to Software and Services

We may, in our discretion, distribute corrections, updates, upgrades and new versions of the Software and/or the Services (each an "Update"). You agree to receive and permit us to deliver Updates to your device, and you acknowledge that, if you do not accept and install the Update, the Software and/or the Services may no longer operate with the full functionality or performance described in the Instructions or operate at all.

We reserve the right, in our discretion, to:

  • change or limit the functionality and performance of the Software and/or the Services
  • withdraw support or access to the Software and/or the Services
  • prevent the use of any Software and/or Services in relation to which all available Updates have not been installed

WARRANTY AND DISCLAIMER

We warrant to you that we will provide our Services using reasonable care and skill.

APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING BUT NOT LIMITED TO:

  • ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES;
  • THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE;
  • THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.

LIABILITY FOR OUR SERVICES

Liability Limits

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATES FOR ALL CLAIMS IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE LOWER OF THE FOLLOWING AMOUNTS:

  • THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM;
  • USD$100.

Excluded Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE IN CONNECTION WITH THIS EULA OR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY:

  • ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS;
  • ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS;
  • ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS;
  • ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
  • IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE;
  • YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THIS EULA;
  • ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to the Licensed Items and our other Services and software (including but not limited to any future updates, upgrades and new versions) will continue to belong to us and our licensors.

Except as expressly provided in this EULA, you have no right to use our intellectual property rights. In particular, you have no right to use without our prior written consent:

  • our trademarks
  • brand name
  • game character design
  • music
  • image
  • video
  • storyline
  • logo
  • domain names
  • distinctive brand features
  • the layout or design of any page

THIRD PARTY SOFTWARE, CONTENT AND SERVICES

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Software or Services, including but not limited to any Your Content or other content provided by other users of our Software or Services or by our advertisers.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our Software or Services, and we will bear no responsibility for your use of or relationship with any such third party services.

Content Review and Removal

We may review (but make no commitment to review) content or third party services made available through our Software or Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable.

We may remove or refuse to make available or link to certain content or third party services if they:

  • infringe intellectual property rights
  • are obscene, defamatory or abusive
  • violate any rights
  • pose any risk to the security or performance of our Software or Services

OPEN SOURCE SOFTWARE

Some Licensed Items may contain software that is subject to "open source" Licenses (the "Open Source Software"). Where we use such Open Source Software, please note that there may be provisions in the Open Source Software's License that expressly override this EULA, in which case such provisions shall prevail to the extent of any conflict with this EULA.

USE OF YOUR DEVICE BY OUR SOFTWARE AND SERVICES

In order for us to provide the Software and Services to you, we may require access to and/or use of your relevant device that you use to access that Software and/or Service – for example, we may need to use your device's processor and storage to complete the relevant Software installation, or we may need to access your contact list to provide certain interactive functions within our apps.

We will provide further information regarding how a particular item of Software or particular Service uses and accesses your device within that relevant Software or Service or in another manner. You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant Software or Service to you.

EXPORT REGULATIONS

You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of certain countries where Licensed Items are imported or re-exported. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items and, in particular, will not export any Licensed Items to any prohibited country, entity, or person for which an export License or other governmental approval is required unless and until the License or other governmental approval has been obtained.

BREACH AND INDEMNIFICATION

Breach Actions

In case we reasonably find that you have breached this EULA, we may take such actions as we deem appropriate, including but not limited to:

  • removing Your Content that are involved;
  • restoring your game data to the status before your breach;
  • terminating your right to use our Services;
  • taking legal action against you or disclosing relevant information to law enforcement authorities;
  • any other actions set forth in any posted guidelines and rules.

Indemnification

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this EULA, including but not limited to any breach of this EULA.

You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including but not limited to the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

TERM, SUSPENSION AND TERMINATION

The License granted to you under this EULA will commence on the earlier of the date that you: (i) accept the terms and conditions of the EULA; or (ii) download, copy, install, access or use any Licensed Items.

We may suspend your access to or use of any Licensed Item or terminate this EULA if:

  • we reasonably believe that you have breached any term or condition of this EULA;
  • your use of the Licensed Items creates risk for us or for other users;
  • you fail to use the Licensed Items for a prolonged period;
  • you attempt to circumvent the technical protection measures for the Licensed Items;
  • we cease to support that Licensed Item;
  • for any other reason, such as regulatory changes or events beyond our reasonable control.

EXPORT REGULATIONS

You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of certain countries where Licensed Items are imported or re-exported. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items and, in particular, will not export any Licensed Items to any prohibited country, entity, or person for which an export License or other governmental approval is required unless and until the License or other governmental approval has been obtained.

BREACH AND INDEMNIFICATION

Breach Actions

In case we reasonably find that you have breached this EULA, we may take such actions as we deem appropriate, including but not limited to:

  • removing Your Content that are involved;
  • restoring your game data to the status before your breach;
  • terminating your right to use our Services;
  • taking legal action against you or disclosing relevant information to law enforcement authorities;
  • any other actions set forth in any posted guidelines and rules.

Indemnification

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses, relating to or arising under or out of the relationship between you and us described in this EULA, including but not limited to any breach of this EULA.

You hereby agree that we shall have the right to control the legal defense against any such claims, demands, or litigation, including but not limited to the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

TERM, SUSPENSION AND TERMINATION

The License granted to you under this EULA will commence on the earlier of the date that you: (i) accept the terms and conditions of the EULA; or (ii) download, copy, install, access or use any Licensed Items.

We may suspend your access to or use of any Licensed Item or terminate this EULA if:

  • we reasonably believe that you have breached any term or condition of this EULA;
  • your use of the Licensed Items creates risk for us or for other users;
  • you fail to use the Licensed Items for a prolonged period;
  • you attempt to circumvent the technical protection measures for the Licensed Items;
  • we cease to support that Licensed Item;
  • for any other reason, such as regulatory changes or events beyond our reasonable control.