AI Service Agreement

Last Modified: 29 July 2024

Effective Date: 29 July 2024

Welcome to use the Eqxiu AI Service (hereinafter referred to as the "Service")!

This agreement is a valid contract concluded between you and Eqxiu (i.e., Beijing KNET Eqxiu Technology Ltd. , hereinafter referred to as "Eqxiu" or the "Platform") regarding your use of the Eqxiu AI Service, and it has the same legal effect on both parties. We recommend that you carefully read the entire content of this agreement, especially the clauses presented in bold that have (possibly) a significant relationship with your rights and interests (including the rights you enjoy, the obligations you undertake, the method of dispute resolution, etc.), and please pay special attention to them. If you do not agree with any or all of the provisions of this agreement, please do not proceed with the next step through the confirmation form or use the Eqxiu AI Service. When you proceed with the next step through the confirmation form or use the Eqxiu AI Service, it means that an agreement relationship has been established between you and Eqxiu, and you voluntarily accept this agreement and abide by all the agreements under this agreement.

Eqxiu has the right to change the content of this agreement. Once the revised agreement is announced, it will take effect automatically immediately. Once the content of this agreement is changed, Eqxiu will notify you on the corresponding page, through internal messages, text messages, or in other reasonable ways. Please read it carefully. If you do not agree with the changed content, you can choose to stop using the Service. If you continue to use the Service, it will be deemed that you have agreed to all the changed content.

I. Service Content and Form

1. Service Content

The content of the Eqxiu AI Service includes but is not limited to [AI Copywriting], [AI Painting], and [Face Fusion]. Among them: The Eqxiu AI Painting Service provides users with technical services of "generating images and image editing functions based on text, pictures, or a combination of text and pictures". Users can input different descriptive texts or upload pictures, and the model will generate specific images for users. The content of the Eqxiu AI Service shall be subject to the content displayed on the official website platform. We will continuously update and upgrade the service, and the relevant updated content shall be subject to the platform announcements and function usage instructions.

2. Service Form

The content of the Eqxiu AI Service mainly focuses on visual operation products for platform experience. You can directly experience the service on the website page and APP. In the future, we will explore more service models to bring users a better usage experience.

II. Service Usage Specifications

1. You confirm that when you actually use this service, you should be a natural person with full capacity for civil conduct and have completed the user registration process as required by the platform. If you are a minor , it is recommended that you ask your guardian to carefully read this agreement and use our service or provide us with information only with the consent of your guardian.
2. You fully understand and agree that this service is only a tool to assist your creation. When using this service, you shall not infringe upon the rights and interests of others (including but not limited to the property rights, copyrights, patent rights, trademark rights and other intellectual property rights, the right of portraiture and other rights and interests of others), and you shall be solely responsible for all your acts and their consequences when using this service.
3. You agree to use this service in strict accordance with this agreement and other rules announced by Eqxiu, and will not use this service for any illegal or improper activities, or upload, create, generate, store, copy, publish or disseminate information containing any of the following contents:

(1) Inciting resistance against and sabotage of the implementation of the Constitution, laws and administrative regulations;

(2) Inciting subversion of state power and overthrow of the socialist system;

(3) Inciting division of the country and sabotage of national unity;

(4) Inciting ethnic hatred and ethnic discrimination and undermining ethnic unity;

(5) Fabricating or distorting facts, spreading rumors and disrupting social order;

(6) Propagating feudal superstition, obscenity, pornography, gambling, violence, homicide, terror, and instigating crime;

(7) Illegal publishing information such as lottery rewards, gambling games, "private servers", "hacks";

(8) Information that hinders the security of blockchain operation;

(9) Publicly insulting others or fabricating facts to slander others, or conducting other malicious attacks;

(10) Damaging the reputation of state organs;

(11) Insulting or slandering others, infringing upon the right of reputation, the right of portraiture (for example, not using information technology means such as forgery to infringe upon the right of portraiture of others), the right of privacy, intellectual property rights and other legitimate rights and interests of others, or imitating or fraudulently using the name of state institutions, social organizations or other legal persons;

• Other acts in violation of the Constitution, laws and administrative regulations.

4. You should conduct necessary examinations on whether your use of this service complies with laws and regulations and bear all responsibilities arising therefrom. You confirm and agree that Eqxiu will not bear any liability due to this service or your use of this service in violation of the above-mentioned agreements.
5. You are fully aware and guarantee that you have the legal right to use the content you input when using this service (including but not limited to custom input text or uploaded pictures, audio, video, etc.) and the generated content. If there is a rights dispute or infringement of the legitimate rights and interests of any third party during the publication or use, you shall bear all legal responsibilities.
6. When using Face Fusion service, please ensure that you only upload photos or videos of yourself or those for which you have obtained legal authorization, and do not upload any illegal or infringing materials. The provision of this service by Eqxiu based on the relevant information and data collected from you complies with the requirements of laws and regulations, and Eqxiu does not need to obtain any additional authorization or permission from any entity.

III. Service Fees

1. You understand and agree that Eqxiu has the right to provide this service for free or to require payment. For paid services, Eqxiu will give you a clear prompt before you use them. Only when you confirm according to the prompt that you are willing to pay the relevant fees can you use such value-added services. If you refuse to pay the relevant fees, Eqxiu has the right not to provide you with the service.
2. You must prepare the following equipment on your own and bear the following expenses: (1) Internet access equipment, including but not limited to a computer or other Internet access terminals, a modem and other Internet access devices; (2) Internet access expenses, including but not limited to Internet access fees, Internet access equipment rental fees, mobile data fees, etc.
3. The charging standard of this service is independently determined by Eqxiu after comprehensive consideration of operating costs, operating strategies, etc., and will be displayed to you on the relevant product service promotion and payment pages. If the relevant charging methods change when you make a purchase or renewal, the charging methods actually supported by Eqxiu shall prevail. If the price of the relevant service is adjusted, the currently effective price publicly announced on the Eqxiu platform shall prevail. You agree that your continued operation behavior (including but not limited to clicking to agree, continuing to purchase or completing the payment behavior, etc.) shall be deemed that you are aware of and agree to the changed charging methods and charging standards.

IV. Intellectual Property Rights and Related Interests

1. The artificial intelligence technology involved in this agreement is provided by Eqxiu based on open model training. The copyright of the works generated by you through the [AI Copywriting] and [AI Painting] tool services follows the CC0 1.0 protocol and is not exclusively owned by you. Within the scope permitted by laws and regulations, everyone (including you) can use it for any purpose, including commercial purposes. At the same time, you cannot directly sell its copyright.
2. You must ensure that when using the works generated by this service, you will not use the generated works for slander, pornography or any other illegal purposes, nor will you infringe any copyright, trademark or other proprietary rights of any third party. If any third party's rights and interests are damaged due to your improper use, you shall bear all the responsibilities.
3. You understand and agree that in order to continuously improve this service, when you generate or publish content using this service, it means that you agree to grant Eqxiu and its affiliated companies the right to use it globally in any form and carrier, which is permanent, irrevocable, exempt from liability and non-exclusive, including but not limited to the rights to modify, copy, distribute, exhibit, adapt, compile, publish, translate, communicate through information networks, create derivative works and other rights as stipulated. Eqxiu has the right to reasonably use the works you generate in marketing activities. That is, Eqxiu has the right to use the works you generate based on this service for free for the purposes of promotion, publicity, sales promotion, etc., including but not limited to using them in relevant activities, advertisements (multimedia or physical items), displays, dissemination, promotion, publicity and use on Eqxiu or other third-party platforms, without paying any fees to the creators.
4. You understand and agree that if you are an enterprise user, your use of this service means that you authorize Eqxiu and its affiliated companies to reasonably use your trademarks, enterprise names, abbreviations, etc. in publicity and promotion, including but not limited to using them alone, together with the works you generate or together with the trademarks, enterprise names, abbreviations, etc. of third parties in any media or publicity channels deemed appropriate by Eqxiu and its partners.
5. Since the laws and regulations on works created by artificial intelligence are still evolving, even the CC0 1.0 rights and interests of the works generated based on this service as agreed in this agreement may be subject to changes. You understand and agree that if the ownership of rights and the legal nature of the works change due to the development of laws and regulations, Eqxiu will not be responsible and will not bear any liability.
6. You promise that without the permission of Eqxiu, you will not modify, publish, repost, sell, copy, reverse engineer, decompile or disassemble all or part of the content of the Eqxiu AI service platform, monitor it through any robots, crawlers or other programs or devices, create derivative works based on it, distribute, execute, present or use it in any way. In case of breach of contract, Eqxiu has the right to permanently ban your account without prior notice.
7. All your behaviors should comply with the bottom lines of laws and regulations, the socialist system, national interests, the legitimate rights and interests of citizens, social public order, moral customs and information authenticity. You must be responsible for all the behaviors under your registered account, including any content you publish and any consequences arising therefrom. You should judge the content in this service by yourself and bear all the risks caused by using the content, including the risks arising from relying on the legality, correctness, integrity or practicality of the content. Eqxiu cannot and will not be liable for any loss or damage caused by the aforementioned risks.

V. Personal Information Protection

1. We are fully aware of the importance of personal information to you, and your trust is of great significance to us. We will strictly comply with the requirements of laws and regulations, adopt corresponding security protection measures, and be committed to protecting your personal information.
2. During the process of your participation in this service, we may require you to provide us with some necessary personal information, and we may also actively collect it. You can learn in detail how we collect, use and protect your personal information through the <Privacy Policy>.

VI. Disclaimer

1. You confirm and are aware that all the content generated by the current service is generated by an artificial intelligence model. Eqxiu does not make any guarantee regarding the accuracy, integrity, and functionality of the generated content, and the generated content does not represent the attitude or opinion of Eqxiu. The services of Eqxiu are derived from information accumulation allowed by laws and regulations, including but not limited to the public Internet, etc., and have been continuously filtered through automatic and manual sensitive data filtering. However, it still cannot be ruled out that some of the information may have defects, be sensitive, be unreasonable, or have ambiguous interpretations. If you publicly disseminate the generated content with defects, sensitivity, unreasonableness, or ambiguous interpretations, you shall bear all the resulting infringements, disputes, and losses by yourself. Eqxiu will not be responsible for this and will not bear any legal liability. If legal liability is incurred, you will bear all the main responsibilities. In such cases, you are welcome and thanked for reporting at any time through the methods provided on this platform.
2. In any case, the liability for the relevant services provided by a third party during your use of this service should be borne by the third party, and Eqxiu will not bear such liability. The situations where Eqxiu does not bear liability include but are not limited to: (1) Any loss or liability caused by a third party such as the cloud service provider; (2) Any loss or liability caused by the actions or reasons of other third parties.
3. Any loss or liability caused by your own reasons shall be borne by you, and Eqxiu will not be liable, including but not limited to the following situations: (1) Any loss or liability caused by the user's failure to operate in accordance with this agreement or any rules announced by Eqxiu from time to time; (2) Any loss or liability caused by the user's unclear, ambiguous, incomplete, or illegal instruction information sent when using this service; (3) Any loss or liability caused by other reasons on the part of the user.
4. Eqxiu will not bear any liability that may arise from the information provided by the user, including but not limited to the liability arising from other users using the information you provided without authorization, or from the information you provided containing errors, inaccuracies, viruses, defamation, slander, infringement, or other content prohibited by the Copyright Law, all applicable laws, rules and regulations. Eqxiu will also not be liable for the loss, deletion, removal, or transmission failure of the information provided by the user under any circumstances. The user should keep a backup of the information they provided by themselves. Eqxiu reserves the right to delete or remove any information provided by the user at any time without notifying the user and without bearing any liability.
5. Eqxiu may modify and update this agreement at any time according to its own judgment, or suspend or terminate this service. You agree that Eqxiu will not bear any liability to you or any third party for any consequences caused by the above situations.

VII. Limitation of Liability

1. Eqxiu reserves the right to delete, at its sole discretion and without prior notice to the user, all kinds of information content (including works) within this service that do not comply with laws and policies, or are untrue or inappropriate, and shall not bear any liability. If the user fails to comply with the above provisions, Eqxiu has the right to make an independent judgment and take measures such as suspending or deleting the works or closing the user's account, without bearing any liability.
2. If you violate any provisions of this agreement or other rules of the platform, Eqxiu has the right to unilaterally terminate the normal use of your account at any time, without bearing any liability. At the same time, Eqxiu has the right to claim compensation from you according to the actual losses.
3. You agree that if any third party makes or initiates any compensation application or demand (including legal fees) due to your violation of this agreement, or of any document incorporated into this agreement by reference and becoming a part of this agreement, or due to your use of this service in violation of any law or the rights of a third party, you will fully compensate and indemnify Eqxiu, its affiliated parties, partners and other third parties.
4. Under no circumstances shall Eqxiu be liable for any direct, indirect, consequential, punitive, incidental, or special damages (including but not limited to the loss of profits you suffer from using this service) arising from this service (even if you have been previously informed of the possibility of such damages).

VIII. Miscellaneous

1. All disputes, claims, or other matters arising out of or in connection with the user's use of the services provided by Eqxiu shall be governed by the laws of the People's Republic of China.
2. In case of a dispute between the user and eqxiu, the parties shall first resolve it through consultation in good faith. If the consultation fails, both parties agree to submit the dispute to the China International Economic and Trade Arbitration Commission for arbitration, and the case shall be heard by three arbitrators. The arbitration award shall be final and binding upon both parties.