1. Introduction

This Terms of Use and End User License Agreement (collectively referred to as the "Agreement"), along with all documents referenced herein, constitutes a legally binding agreement between you as an individual ("you," "your," or "user") and Hong Kong Happy Mobile Technology Limited ("we" or "our"). This Agreement covers your access to and use of the ChatQ AI mobile software application ("Application"). The name of the Application may differ outside of the United States and is subject to change without notice.

All documents related to this Application are expressly referenced here. Please read this Agreement carefully before downloading, installing, or using this Application. It is essential to read and understand this Agreement, as downloading, installing, or using the Application signifies that you have read, understood, agreed to, and accepted this Agreement. This Agreement is effective from the date you first download, install, or use the Application, and continued use of the Application signifies your agreement to abide by the terms of this Agreement.

2. Changes to This Agreement

We reserve the right to change or modify this Agreement at any time and for any reason, at our sole discretion. We will notify you of any changes by updating this Agreement, and you waive the right to receive specific notice for each such change. It is your responsibility to review this Agreement periodically for updates. If you continue to use the Application after the revised Agreement is published, you will be bound by any changes therein and will be considered aware and accepting of such changes. If you do not agree with any amendment, you must discontinue using the Application.

3. Application Use Restrictions

Notice to the user: You hereby confirm that you are at least 18 years old, that you are legally able to enter into this agreement, and that you have completely read, understood, and agree to be bound by this agreement.

Age Restrictions by Region: United States (COPPA Compliance): Users under 13 years old are prohibited from using the Application.European Economic Area (GDPR Compliance): Users under 16 years old are prohibited from using the Application.California (CPRA Compliance): We do not sell or share personal information of users under 16 years old without explicit consent。

Notice to parents and legal guardians: By granting your child approval to download, install, use, access, register with, or make in-app purchases in the ChatQ AI app, you hereby agree to the terms of this agreement on behalf of your child. You are responsible for exercising supervision over your child's any online and offline activities or omissions. If you do not agree to this agreement, please do not let your child use the ChatQ AI app or associated features. If you are the parent or legal guardian of a child under 18 and believe that he or she is using the ChatQ AI app without your prior approval, please contact us at [email protected].

4. General Terms

The Application is developed for entertainment purposes. The Application uses its AI algorithm to provide services in a dialogue format. These services generate responses and contents related to the texts, documents, and images you insert.

5. Privacy Policy

Your privacy is very important to us. Therefore, we have established a Privacy Policy to inform you of how we handle, use, and store information (including personal data). Accessing the Application and using its services is subject to the Privacy Policy. By accessing the Application and continuing to use the services, you agree to the Privacy Policy and are deemed to acknowledge our processing of your information and the appropriate legal basis for such processing as described in the Privacy Policy. We reserve the right to modify the Privacy Policy at any time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Application and services.

Our Privacy Policy has been updated to comply with the requirements of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). This policy details how we collect, use, and share your personal information, as well as the specific privacy rights you have as a user. Please read our Privacy Policy carefully click here.

6. End User License Agreement. Rules Governing User Content

6.1 Intellectual Property Related to the Application

Please note that this subsection, "Intellectual Property Related to the Application," does not apply to User Content (as defined below in this Agreement). The license terms and other provisions governing User Content are specified in subsection VI, "User Content," below.

By using this Application, you agree to respect our intellectual property rights (related to the Application's source code, UI/UX design, content materials, copyrights, and trademarks, hereinafter referred to as "Intellectual Property") as well as the intellectual property rights owned by third parties.

As long as you continue to use the Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right ("License") under this Agreement.

You may only use our Application for your own non-commercial purposes. You are obligated to respect copyright materials within the Application.

The source code, design, and content within the Application, including information, photos, illustrations, artwork, and other graphical materials, sounds, music, or videos (hereinafter referred to as "Works"), as well as names, logos, and trademarks (hereinafter referred to as "Personalization Means") are protected by copyright law, other relevant laws, and/or international treaties and belong to us and/or our partners and/or contracted third parties, as applicable.

These Works and Personalization Means may not be copied, reproduced, redistributed, distributed, disseminated, sold, published, broadcasted, or circulated, in whole or in part, without explicit permission from us and/or our partners and/or contracted third parties.

The ownership, title, and interests in the Application, its content, Works, and Personalization Means, as well as its functionality: (1) are the exclusive property of Hong Kong Happy Mobile Technology Limited and/or our partners and/or contracted third parties; (2) are protected by applicable international and national law; and (3) shall not be transferred or assigned to you, either in whole or in part, under the scope of this Agreement.

We will not hesitate to take legal action to protect and enforce our rights against unauthorized use of our trademarks, names, or symbols. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be trademarks of their respective owners.

6.2 User Content

The Application allows you to submit text and PDF files ("Input Content") and use artificial intelligence to generate new, original content based on it ("Output Content"). For the purposes of this Agreement, the term "User Content" explicitly includes both Input Content and Output Content. We make no claim to ownership of your User Content. You retain all rights to your User Content and may use it for commercial purposes. This means you are free to publish, incorporate into other works, print, copy, distribute in any media, monetize from the sale of products containing Input and Output Content, or from digital versions of the content.

As mentioned in Section 3 of our Privacy Policy, We use anonymized or aggregated user-generated content to improve our AI model. Raw data (e.g., chat logs) will only be processed with your explicit consent. You may opt-out at any time via the App Settings or by emailing [email protected].

Please note that factual claims in Output Content should not be relied upon without independent verification, as they may be false, incomplete, misleading, or fail to reflect recent events or information.

You acknowledge that Output Content may not be unique, and other users may receive similar content from the Application. Responses generated for other users are not considered part of your Output Content.

You assume all risks associated with using User Content. When using User Content, it is your responsibility to ensure compliance with applicable laws.

You are solely responsible for all Input Content and represent and warrant that you have all necessary rights, licenses, and permissions to upload Input Content to the Application. Ensure that such content, prior to uploading:

• Belongs to you, or you have rights to use it as allowed by Application technology;
• Is lawful, socially acceptable, and does not violate public order;
• Does not infringe on third-party rights, including copyright and privacy rights.

Please refer to Section 7 for additional details. Compliance with Section 7 is essential, and failure to comply may result in restricted access to the Application and/or other negative consequences.

6.3 Third-Party Materials and Technology Integrated into the Application

The Application integrates and relies on the following third-party services:

We work with various third-party service providers to deliver and improve our services. Here's a detailed list of our key service providers:

AI Services (Conversation and Content Generation)

Search Services

Infrastructure and Analytics

All our third-party service providers are required to maintain the confidentiality and security of your personal information. These providers may only process your data for the specified purposes and in accordance with our instructions. We encourage you to review each provider's privacy policy to understand how they handle your data.

For more detailed information about these services, including their terms of service and privacy policies, please refer to their respective websites. Please note that while we carefully select our service providers, we are not responsible for their privacy practices.

7. Prohibited Conduct

You agree not to use the Application in any way that:

• Is illegal, unlawful, or unauthorized;
• Defames or disrespects others;
• Contains obscene or offensive content;
• Infringes on the copyright, database rights, or trademarks of others;
• Advocates, promotes, or assists in illegal activities, such as copyright infringement or misuse of computers.

Additionally, you may not upload, enter, create, generate, share, or distribute the following types of User Content through the Application:

• Content that expresses, incites, or promotes identity-based hate;
• Content intended to harass, threaten, or bully individuals;
• Content that promotes or glorifies violence or celebrates others' suffering or humiliation;
• Content that promotes, encourages, or depicts self-harm behaviors, including suicide, cutting, and eating disorders;
• Content intended to arouse sexual interest, such as descriptions of sexual acts or promoting sexual services (excluding sex education and sexual health);
• Content attempting to influence political processes or for campaign purposes;
• Unsolicited bulk content;
• False or misleading content intended to deceive individuals or spread false information;
• Content attempting to create ransomware, keyloggers, viruses, or other software intended to cause harm.

We do not and cannot pre-screen or monitor all content. Nevertheless, our representatives may monitor content submission through the ChatQ AI apps, and you hereby provide irrevocable consent to such monitoring. The user acknowledges and agrees that he/she has no expectation of privacy concerning the submission of any content. We have the right, but not the obligation, in its sole discretion to edit, modify, and refuse to post or remove any content.

8. User Privacy Rights

Under applicable privacy regulations, particularly the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), you have specific privacy rights, including but not limited to: the right to know, the right to delete, the right to correct, the right to opt-out of selling or sharing personal information, the right to limit use of sensitive personal information, and the right to non-discrimination.

For detailed explanations of these rights and how to exercise them, please refer to Sections 10 and 11 of our Privacy Policy. You can exercise these rights through the "Settings > Privacy & Data" menu in the application or by sending an email to [email protected].

9. Application Availability, Security, and Accuracy

To use the Application, you will need a compatible mobile phone or tablet and internet access.

The Application can be downloaded and installed on handheld mobile devices compatible with the Apple iOS Operating System version 15.0 or higher.

We do not guarantee that the Application will be compatible with all hardware and software that you may use. We do not guarantee that access to the Application will be uninterrupted, timely, or error-free.

You acknowledge that the Application is provided via the internet and mobile networks, and as such, the quality and availability of the Application may be affected by factors beyond our reasonable control. The Application version may be upgraded from time to time to add support for new features and services.

We may change or update the Application and any content described therein without notifying you. When necessary, we may suspend access to the Application or close it indefinitely.

You also warrant that any information you provide to us is true, accurate, and complete, and you agree to maintain its accuracy.

You may stop using our services at any time by selecting the relevant option in your Apple ID account settings. If you choose to discontinue using the Application for any reason, you should uninstall the Application.

10. Fees

This Application is offered for free. After downloading, you can access its basic features.

Access to certain services and/or additional features within the Application ("Premium Options") requires in-app purchases, including paid subscriptions.

A complete list of Premium Options and pricing is available on the Application page. You may have the opportunity to try Premium Options during a free trial period.

After the free trial period, subscription terms will begin and automatically renew periodically. Please note that you will be charged automatically unless you cancel your subscription at least 24 hours before the free trial period ends. After canceling, you can still access the Application's basic features.

You may choose from different subscription options. Prices are listed in USD and may vary in other countries. Before purchase, you will receive all necessary information regarding the subscription plan and the free trial period on the registration screen.

Subscriptions with a free trial period automatically renew as paid subscriptions. If a free trial is offered, any unused portion will be forfeited when the user purchases a subscription. We reserve the right to modify, terminate, or otherwise alter the subscription plans we offer at any time.

Your subscription will automatically renew within 24 hours before the end of the current subscription. You can turn off the Auto-Renewal option in your Apple ID account settings at least 24 hours before the current subscription ends. Upon purchase confirmation, payment will be deducted from your Apple ID account. Current subscriptions cannot be canceled during the active subscription period. Subscriptions are managed by you. Please note that deleting the Application from your device does not deactivate your subscription.

Your telecommunications provider may charge you for downloading and/or accessing the Application on your mobile phone or tablet, so review the terms of your agreement with your carrier. Roaming fees may apply if you access the Application outside your home country. All such charges are your responsibility. If you are not the bill payer for your mobile or tablet device, we assume you have permission from the payer to incur any such charges.

If you are under 18, then you are legally required to have your parents' or legal guardians' permission to make any in-app purchases. By completing an in-app purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that in-app purchase.

If you are a parent or legal guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the Apple App Store, provided that you are concerned that your child may make excessive in-app purchases.

The in-app purchases are purchased from and billed by the Apple App Store, not us. These purchases are subject to the terms and conditions of the Apple App Store. All billing and refund inquiries shall be directed to the Apple App Store.

11. Third-Party Websites and Resources

This Application may link you to other websites and contracted third parties on the internet to provide specific services. We do not control, nor are we responsible for, the content on any website or mobile application linked to this Application (unless we are the provider of those linked websites or mobile applications). These linked websites and mobile applications are provided "as-is" solely for your convenience, without any express or implied warranties for the information provided.

You acknowledge that you bear full responsibility and risk for the use of any third-party website or resource.

If you have any questions, concerns, or complaints regarding such third-party websites or mobile applications (including but not limited to issues related to products, product orders, defective products, and refunds), you must contact the operator of such third-party websites or mobile applications directly.

12. Disclaimer

You agree that your use of the Application and its services is at your own risk. All materials, information, software, and content integrated into the Application are provided "as-is" and "as available". We make no express or implied warranties regarding the merchantability, technical compatibility, or fitness for any particular purpose of any services, products, or materials provided under this Agreement. We do not warrant that the functions included in the services or made available through the services will be available, uninterrupted, or error-free, nor that defects will be corrected, nor that the services or the server providing them are free of viruses or other harmful components.

Important Disclaimer

Furthermore, you understand and agree that:

• Output is generated by an Artificial Intelligence;
• Output might be false, inaccurate, or misleading;
• We do not represent or warrant that Output is accurate, genuine, true, or suitable for your use or needs;
• Output is not advice, guidance, or information provided by us in any way and does not represent our view;
• We shall not have any obligation or liability whatsoever for Output, and we are not liable for any damage (including any direct, indirect, special, consequential damage or exemplary damages, including, but not limited to, lost profits, lost revenue, lost time, loss of use, data, or goodwill, intangible losses, or any other type of damage whether in contract, tort, or under any other legal theory, including without limitation strict liability and negligence) resulting from or in relation to the Output;
• Your use of any Output is entirely at your own risk;
• You should not rely on the ChatQ AI App as your sole source of information.
• Do not use Output for legal, medical, financial, or safety-critical decisions.

Additionally, you understand and agree that Output may not always be unique as the same or similar input provided by other users might receive the same or similar outputs. You understand and agree that you may not use the ChatQ AI App to mislead any third party into believing that the Output has been produced solely by a human. Furthermore, do not use the Output for any purpose that may have a legal or material impact on an individual, such as making important decisions about that individual.

Medical Disclaimer

Our services are not intended, prepared, developed, or implied to be used for the diagnosis, prevention, or treatment of any illness, disease, or condition, or to be a substitute for medical advice, medical care, or psychological counseling.

The ChatQ AI App is not a medical or health care professional in any sense and does not provide services in the diagnosis, examination, or treatment of medical or health conditions of any kind. We have no expertise in these areas.

Using the services or any other communication from us does not create or imply a medical professional/health care provider-patient relationship whatsoever (e.g., doctor-patient or psychologist-patient relationship).

We are not obliged to provide emergency services of any kind. There is no obligation for us to contact you or anyone else regarding your medical or health condition or their treatment. In the event of a medical emergency, you should call your local emergency service.

We recommend that you always consult a professional health care provider if you have any questions about your health, medical, or mental condition.

You should never disregard, avoid, or delay seeking professional medical care and advice because of anything you have read or obtained through the services.

You should immediately consult a professional health care provider if you have or suspect that you may have a medical condition or a mental health concern.

13. Limitation of Liability and Indemnification

Under no circumstances shall we be liable for any direct or indirect damages of any type arising from or related to the Application and the services it provides. We shall not be liable for any special, consequential, incidental, punitive, or exemplary damages, nor for any loss of profits or revenue, even if we have been expressly advised of the possibility of such damages. We also bear no responsibility for damages arising from products, services, and/or information provided by any third party through the Application or by any other means. You further acknowledge that we bear no responsibility for costs or damages arising from private or government legal actions resulting from your use of any Application and its services in any country.

You also acknowledge and agree that you bear all risk associated with the use of the Application and/or any User Content. You bear all responsibility resulting from using the Application and/or sharing and distributing any User Content. Moreover, you agree to hold us, our successors, assignees, licensees, partners, affiliates, officers, directors, and employees harmless from any claims, liabilities, complaints, losses, expenses, and damages arising from your use of the Application, use of User Content, or non-compliance with the terms of this Agreement.

14. Compliance with Laws

You represent and warrant that:

• You represent that your use complies with all applicable trade sanctions and export control laws (e.g., U.S. OFAC, EU Dual-Use Regulation). The Application is not available in jurisdictions subject to comprehensive embargoes (e.g., Cuba, Iran, North Korea, Syria, Crimea).
• you will comply with the laws of your location.

15. Third-Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary.

16. Governing Law and Claims

Choice of Law and Forum Selection Clause

This Agreement shall be governed by and interpreted under the laws of Hong Kong.

Dispute Resolution

All disputes, claims, actions, causes of action, or proceedings between the parties to this Agreement, whether based on contract, tort, equity, law, or other reasons, including disputes and claims arising from or related to this Agreement, particularly regarding its performance or alleged breach, shall:

1. be governed and interpreted under Hong Kong substantive and procedural law without regard to its conflict of law provisions; and
2. be exclusively adjudicated by the courts with jurisdiction in Hong Kong, excluding other courts and forums.

We do not guarantee that the Application is suitable for global use. Those who access or use the Application from other jurisdictions do so voluntarily and bear responsibility for compliance with local laws.

If you choose to access or use the Application from restricted locations, you shall be responsible for:

• Ensuring that your conduct is legal in that country;
• The consequences and your compliance with all applicable laws, regulations, statutes, codes of conduct, licenses, registrations, permits, and authorizations.

16.1 Class Action Waiver

In resolving any disputes and/or seeking relief from us, you expressly agree to waive your right to initiate or participate in any type of class action and/or proceeding.

If any disputes, allegations, or claims (including non-contractual claims) arise from or relate to this Application, its services, or this Agreement, you and we agree to send each other written notice providing a reasonable description of the dispute and a proposed resolution. Notices should be sent according to the latest contact information. Within sixty (60) days of receiving notice, you and we will engage in discussions to try to resolve the dispute, but neither party may require a resolution under terms unsatisfactory to both parties.

17. Termination

We reserve the right to terminate this Agreement at any time for any reason at our sole discretion.

Upon termination, (a) the rights and licenses granted to you by this Agreement shall terminate, and (b) you must cease all use of the Application.

Upon termination, your personal data will be processed in accordance with our data retention policy as outlined in our Privacy Policy. You may request deletion of your data, but we may need to retain certain information as required by law. For detailed information about data processing after termination, please refer to Section 9 of our Privacy Policy.

18. Severability

If any term of this Agreement is illegal, invalid, or unenforceable at any time, that term shall be interpreted as narrowly as possible to make it legal, valid, and enforceable, or, if that is not possible, it shall be removed. The remaining terms of this Agreement shall remain fully effective.

You may not transfer or assign any contract between us or claim any such transfer or assignment to another person.

19. Contact Information

We reserve the right to respond to user support requests. If you wish to submit a support request or have any questions regarding this Agreement or the Application, please contact us at [email protected].