This Terms of Use Agreement (“Agreement”) is a contract between you and RoundRedDot Inc (“we”, “our”, or “us”), and we want you to be aware of your and our rights before you use our application (“App” or “Software”) and related services (“Services”). This Agreement does not apply to any third-party websites, services, or applications, even if they can be accessed through our Services. By accessing, viewing, or using the App, we consider that you agree to the terms and conditions described in this Agreement. If you do not agree to this Agreement, please stop using the App immediately. You must be at least 17 years old to use the Services. If you are under 18, you must have permission from your parents or legal guardian to use the Services. If you are using the Services on behalf of someone else or an entity, you must have the authority to accept these terms on their behalf. We reserve the right to modify the terms related to software updates in this Agreement. You can view the modified version of this Agreement in the software. You understand and agree that if you continue to use the software after the date of these changes, we will consider your use as acceptance and compliance with the updated terms. 

1. General Use Restrictions

• 1.1 We grant you a personal, revocable, non-transferable, and non-exclusive license to use the application. Unless explicitly agreed in writing, you may install, use, display, or operate the application on your smart mobile terminal device (including but not limited to tablets, smartphones (“Terminal Device”)) for non-commercial purposes.

• 1.2 You shall not use the application under the following circumstances:

  • 1.2.1 You may not create derivative works from or commercially exploit the application in any way;

  • 1.2.2 You may only use the application for lawful purposes;

  • 1.2.3 Unless allowed by application functionalities, you shall not use, sell, modify, or distribute the application;

  • 1.2.4 You shall not engage in any act that harms computer network security, including but not limited to: using unauthorized data or accessing servers/accounts without authorization; entering public computer networks or others’ computer systems to delete, modify, add stored information without permission; attempting to probe, scan, test the system or network for vulnerabilities or any other conduct that breaches network security; attempting to interfere with, disrupt the normal operation of the application system, intentionally spreading malicious software, viruses, disrupting normal internet information services; forging TCP/IP packet names (partially).

• 1.3 Your use of the application shall not damage, disable, overburden, or degrade the application (or the network and internet connected to the application) or affect the service provided in any way.

• 1.4 You promise not to copy, sublicense, share, or sell the application or services to any other person. You bear all costs and expenses arising from this.

• 1.5 We do not allow our services to be used for the following purposes:

  • 1.5.1 Illegal activities: We prohibit the use of our services for illegal activities.

  • 1.5.2 Child sexual abuse material or any content that exploits or harms children.

  • 1.5.3 Generating hate, harassment, or violent content: Content expressing, inciting, or promoting identity-based hate; content intended to harass, threaten, or bully individuals; or content that glorifies violence or celebrates suffering or insults others.

  • 1.5.4 Generating malicious software: Attempting to generate content designed to disrupt, damage, or gain unauthorized access to computer systems.

  • 1.5.5 Activities with high risk of physical harm, including: weapons development; military and warfare; management or operation of critical infrastructure such as energy, transport, and water; or content advocating, encouraging, or depicting self-harm behaviors, such as suicide, self-mutilation, and eating disorders.

  • 1.5.6 Activities with high risk of economic harm, including: multi-level marketing; gambling; payday loans; or automatically determining eligibility for credit, employment, educational institutions, or public assistance services.

  • 1.5.7 Fraudulent or deceptive activities, including: scams; coordinated inauthentic behavior; plagiarism; academic dishonesty; Astroturfing, e.g., fake grassroots support or fake review generation; disinformation; spam; or counterfeit drugs.

  • 1.5.8 Adult content, adult industry, and dating apps, including: content intended to arouse sexual excitement, such as descriptions of sexual activities, or content promoting sexual services (excluding sexual education and health); pornographic chat; pornographic content.

  • 1.5.9 Political campaigning or lobbying, by: generating mass campaign materials; generating personalized campaign materials targeted at specific demographics; establishing dialogue or interaction systems, e.g., chatbots, providing information about campaigns or engaging in political propaganda or lobbying; building products for the purpose of political campaigning or lobbying.

  • 1.5.10 Acts that invade others’ privacy, including: tracking or monitoring individuals without their consent; conducting facial recognition on individuals; classifying individuals based on protected characteristics; using biometric technology for identification or assessment; illegally collecting or disclosing personal identity information or educational, financial, or other protected records. If you use the service to process personal data, you must provide a lawful and sufficient privacy notice and obtain the consent required to process such data, and you represent to us that you are processing such data in accordance with applicable law.

  • 1.5.11 Engaging in unauthorized practice of law, or providing customized legal advice without review by qualified personnel. Our services are not fine-tuned to provide legal advice. You should not rely on our services as the sole source of legal advice.

  • 1.5.12 Providing tailored financial advice without review by qualified personnel. Our services are not designed to provide financial advice. You should not rely on our services as the sole source of financial advice.

  • 1.5.13 Telling someone they do or do not have a health condition, or providing instructions on how to cure or treat health conditions. Our services are not fine-tuned to provide medical information. You should never use our services to provide diagnostic or treatment services for serious medical conditions. Our software should not be used to classify or manage life-threatening issues that require immediate attention.

  • 1.5.14 High-risk government decision-making, including: law enforcement and criminal justice; immigration and asylum.

• 1.6 We reserve all rights not explicitly granted to you. If you violate any of these restrictions, the license may automatically terminate, and we may terminate the license at our discretion at any time.

2. Privacy Policy

We respect the privacy and personal information of every user and will take necessary measures to protect your privacy and personal information in accordance with applicable laws, especially the special laws on data protection, and comply with those laws in the collection, processing, transmission, and storage of your personal information. Please be sure to read our Privacy Policy carefully, which specifies how we collect and use your personal information.

3. Intellectual Property

• 3.1 The software is developed independently by us. You acknowledge and agree that we own or have obtained full authorization from the rights holder, all legal rights, interests, and intellectual property involved in the software and services.

• 3.2 Information in the application includes but is not limited to literary works, text, software, photographs, all content in advertisements, commercial information provided to you, patents, trademarks, and all other relevant laws and regulations that we own, control, or license and are protected by copyright. You may use this information only with our authorization; unauthorized copying, modification, or compilation of these contents or creating related derivative works is not allowed.

• 3.3 Unless you have entered into a separate written agreement with us, this Agreement does not grant you the right to use the name, trademarks, service marks, logos, software domains, or any other distinctive brand features of the software.

• 3.4 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property has been infringed in other ways, please contact us via the email shown below.

4. Content

• 4.1 Your Content. You may provide input (“Input”) to the service and receive output generated and returned by the service based on the Input (“Output”). Input and Output are collectively referred to as “Content”. Between the parties, within the scope allowed by applicable law, you own all rights to the Input. Subject to your compliance with the terms of this Agreement, we hereby transfer all rights, title, and interest in the Output to you. This means that if you comply with these terms of this Agreement, you may use the content for any purpose, including commercial purposes, such as sale or publication. To provide feedback or response to your Input, you understand and agree that we need to share your Input with our artificial intelligence technology partners. We and our artificial intelligence technology partners may use the content to provide and maintain the service, comply with applicable laws, and enforce the terms of the agreement.

• 4.2 Similarity of Content. Due to the nature of machine learning, the output may not be unique among users, and the service may generate the same or similar output for us or third parties. For example, you may provide input such as “What color is the sky?” and receive output such as “The sky is blue”. Other users may also ask similar questions and receive the same response. Responses requested by other users and generated for other users are not considered your content.

• 4.3 Accuracy. Artificial intelligence and machine learning are rapidly evolving research areas. We and our artificial intelligence technology partners are constantly striving to improve our services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, using our services in some cases may lead to incorrect output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any output based on your use case, including conducting manual reviews of the output.

5. Paid Services

• 5.1 Some services provided by this software require payment (“Paid Services”). After full payment of the fees, you will receive the Paid Services during the subscription period. In the future, the software may include more Paid Services. If you have subscribed to Paid Services during subsequent Paid Services updates, you will be able to use subsequent Paid Services for free during the subscription period, provided that: 1) we do not require additional payment; 2) you update the software as needed to use further Paid Services.

• 5.2 For any Paid Services we provide, we accept payment through the current payment methods specified before purchase, which may include Apple Payments as well as any other payment methods we offer you from time to time. You agree to comply with any relevant service terms or other legal agreements (whether with Apple or a third party) that govern your use of a specific payment processing method.

• 5.3 We may modify our payment policy as needed. Some free services may become Paid Services in the future. If you do not pay the fees on time in full when we start charging, you will no longer be able to use the Paid Services. If there is a price reduction or promotion, we will not offer price protection or refund your payment. Please note that once you purchase Paid Services, we will not refund your fees, regardless of whether you use the service.

6. Indemnification

You indemnify us against all claims by other users or any other third party (including public agencies) arising from your breach of this Agreement and our Privacy Policy, including damage claims. You shall bear all reasonable costs incurred by us due to your infringement of other users or third parties' rights, including reasonable legal defense costs. All our further rights and damage claims remain unaffected.

7. Limitation of Liability and Disclaimer

• 7.1 You understand and accept that you are fully responsible for your content, including ensuring that it does not violate any applicable law or terms of this Agreement. We do not endorse any content or any opinions, advice, or recommendations expressed therein and expressly disclaim any and all liability related to such content.

• 7.2 You acknowledge and agree that the application and services may have potential risks due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone shutdown, and other related technological, telecommunications line reasons. In any case, we are not liable for any of the aforementioned risks.

• 7.3 We are not liable for losses caused to users due to telecommunications line failure, technical problems, network, mobile communication terminal failure, system instability, and other force majeure.

• 7.4 Given business development and adjustments, we reserve the right to modify or terminate services without prior notice to users, and we are not liable to users and any other third party when exercising this right.

• 7.5 Services and their derivative works not officially released or authorized by us are illegal. Downloading, installing, and using the software may bring unexpected risks. We are not liable for any legal responsibility or problems arising from this.

• 7.6 To the fullest extent permitted by applicable law, you agree that we have other disclaimer rights not listed in this agreement.

• 7.7 We or any of our affiliates or licensors are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, goodwill, use, data, or other intangible losses, even if we have been informed of the possibility of such damages. Our total liability under these terms of the Agreement shall not exceed the amount you paid for the services causing the claim in the 12 months before the liability occurred or one hundred dollars ($100), whichever is higher. The limitations in this section apply to the maximum extent permitted by applicable law.

8. Updates, Discontinuation, Suspension, and Termination of the Application

• 8.1 You have the right to stop using the application at any time.

• 8.2 The application may be updated from time to time. You can decide whether to accept the updates. If you do not accept the updates, we do not guarantee to provide the latest updated services, and any losses arising from this are borne by you.

• 8.3 We reserve the right to modify, interrupt, suspend, or terminate the application at any time based on actual situations, including but not limited to the storage space available to individual users, the nature and quantity of uploaded content, and other data or the ability of users to continuously access the application and services.

• 8.4 You agree that we may suspend or terminate the services related to the application without prior notice in the following situations: · You have violated these terms; · We must do so to comply with applicable laws or regulatory authorities’ requirements; · Or other conditions that require us to do so.

• 8.5 After the termination of services, we reserve the right to completely delete all your information in compliance with laws and regulations, and we no longer owe you any obligations.

9. Miscellaneous

• 9.1 You agree that if we do not exercise or enforce any legal right or provision, this will not be considered a formal waiver of our rights, and we have the right to continue to exercise or enforce that right or provision.

• 9.2 Without the other party's written authorization, the user may not transfer or assign the rights granted by these terms or transfer designated duties and obligations to others.

• 9.3 The effectiveness and interpretation of these terms are subject to the laws of the People's Republic of China. If any provision of these terms conflicts with the laws of the People's Republic of China, the provision shall be reinterpreted according to the relevant laws. The invalidity or reinterpretation of these terms does not affect the validity and enforcement of the remaining terms. Both we and the user agree to resolve issues arising from these terms through negotiation. If negotiation fails, either party may submit the dispute for arbitration to the South China Sub-Commission of the China International Economic and Trade Arbitration Commission, which will be conducted according to the arbitration rules effective at the time of applying for arbitration. The arbitration decision is final and binding on both parties.

• 9.4 We reserve the right to final interpretation of these terms.

10. Contact Us

If you have any questions about the services or this Agreement, or if you want to obtain previous versions of this document, please feel free to contact us at hello@roundreddot.com.