1. Introduction
These Terms of Use and End User License Agreement (collectively, the “Agreement”), together with all documents incorporated by reference herein, constitute a legally binding agreement between you, as an individual (“you”, “your”, or “User”), and Hong Kong Happy Mobile Technology Limited (“we”, “us”, or “our”). This Agreement governs your access to and use of the ChatQ AI mobile software application (the “Application”). The Application’s name may vary in different countries or regions and may change at any time without prior notice.
All documents related to the Application are expressly incorporated by reference herein. Please read this Agreement carefully before downloading, installing, or using the Application. It is critical that you 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 takes effect from the date you first download, install, or use the Application, and your continued use of the Application constitutes your agreement to comply with its terms.
2. Changes to This Agreement
We reserve the right to modify or amend this Agreement at our sole discretion at any time and for any reason. We will notify you of any changes by updating this Agreement, and you waive the right to receive specific notice of each such change. You are responsible for periodically reviewing this Agreement to stay informed of updates. By continuing to use the Application after the revised Agreement is posted, you are bound by any changes and are deemed to have been made aware of and accepted such changes. If you do not agree with any revisions, you must discontinue use of the Application.
3. Restrictions on Application Use
User Acknowledgment: You hereby confirm that you are at least 18 years of age, have the legal capacity to enter into this Agreement, and have fully read, understood, and agreed to be bound by its terms.
Regional Age Restrictions:
- United States (COPPA Compliance): Users under 13 years of age are prohibited from using the Application.
- European Economic Area (GDPR Compliance): Users under 16 years of age are prohibited from using the Application.
- California (CPRA Compliance): We do not sell or share personal information of users under 16 years of age without explicit consent.
Notice to Parents and Legal Guardians: By allowing your child to download, install, use, access, register, or make in-app purchases within the ChatQ AI Application, you hereby agree to the terms of this Agreement on behalf of your child. You are responsible for supervising your child’s online and offline activities or negligence. If you do not agree with this Agreement, do not permit your child to use the ChatQ AI Application or its features. If you are a parent or legal guardian of a child under 18 and believe they have used the ChatQ AI Application without your prior consent, please contact us at: [email protected].
4. General Terms
The Application is developed for personal and productivity purposes. It utilizes AI algorithms to provide services in a conversational format, generating responses and content based on text, documents, and images you provide. The Application may also analyze your chat history to generate a personalized User Memory — a summary of your preferences, interests, and interaction patterns — to deliver more relevant and personalized responses in future conversations. Your chat logs are uploaded and stored with encryption on our servers for this purpose. You can request to access, export, delete, or opt out of your User Memory by contacting us at [email protected]. Additionally, deleting your chat history in the App will automatically remove any associated User Memory entries. See our Privacy Policy for full details.
5. Privacy Policy
Your privacy is of utmost importance to us. Accordingly, we have established a Privacy Policy to inform you of how we process, use, and store information, including personal data. Access to and use of the Application and its services are subject to the Privacy Policy. By accessing the Application and continuing to use its services, you consent to the Privacy Policy and are deemed to acknowledge our processing of your information and the applicable legal bases outlined therein. We reserve the right to modify the Privacy Policy at any time. If you do not agree with any part of the Privacy Policy, you must immediately cease using the Application and its 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). It details how we collect, use, and share your personal information and outlines your specific privacy rights as a user. Please review our Privacy Policy carefully here.
6. End User License Agreement and User Content Guidelines
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 licensing terms and other provisions for User Content are specified in Section 6.2, “User Content,” below.
By using the 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 of third parties.
For as long as you continue to use the Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right under this Agreement (the “License”).
You may use our Application solely for your own non-commercial purposes. You are obligated to respect copyrighted materials within the Application.
The Application’s source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or videos (hereinafter referred to as “Works”), as well as names, logos, and trademarks (hereinafter referred to as “Branding Elements”), are protected by copyright laws, other relevant laws, and/or international treaties and belong to us and/or our partners and/or contracted third parties, as applicable.
Reproduction, republication, redistribution, dissemination, transmission, sale, publication, broadcasting, or circulation of all or part of these Works and Branding Elements is strictly prohibited without the express permission of us and/or our partners and/or contracted third parties.
All ownership, rights, and interests in the Application, its content, Works, Branding Elements, and 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 laws; and (3) are not transferred or assigned to you, in whole or in part, within 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 are reserved. Other product and company names mentioned herein may also be the 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 thereon (“Output Content”). In this Agreement, “User Content” expressly includes both Input Content and Output Content. We do not claim 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, reproduce, distribute in any medium, or profit from the sale of products containing Input and Output Content or their digital versions.
As described in our Privacy Policy, we may process User Content, including original inputs such as chat content, as necessary to provide the core functionality of the Application, including generating responses and operating relevant AI-powered features. We may also use anonymized or aggregated User Content to improve our AI models. Where User Content is used for non-essential purposes, such as User Memory, personalization, or model improvement based on original data, we will do so only as described in the Privacy Policy and, where required by applicable law, with your consent. You may withdraw consent or opt out through the available in-app privacy controls, where provided, or by emailing [email protected].
User Memory. In addition to the above, and with your consent, the Application may analyze your chat history to extract key information — such as your preferences, interests, frequently discussed topics, and interaction patterns — and store this as a persistent User Memory profile. This User Memory is used solely to personalize your experience by providing more relevant responses in future conversations. Your chat logs used for this purpose are uploaded and stored with encryption on our servers (see Section 8 of our Privacy Policy). User Memory data belongs to you. You may request to access, export, delete, or opt out of User Memory generation at any time by emailing [email protected] with the subject line “User Memory Request.” Additionally, deleting your chat history in the App will automatically remove any associated User Memory entries. For full details on data handling, retention, and your rights, please refer to Sections 9, 10.5, and 18 of our Privacy Policy.
Please note that factual statements in Output Content should not be relied upon without independent verification, as they may be inaccurate, 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 the use of User Content. When using User Content, you are responsible for ensuring compliance with applicable laws.
You are solely responsible for all Input Content and represent and warrant that you possess all necessary rights, licenses, and permissions to upload and use Input Content in the Application. Ensure that such Content, prior to uploading:
- Belongs to you, or you have the right to use it as permitted by the Application’s technology;
- Is lawful, conforms to public morals, and does not violate public order;
- Does not infringe upon third-party rights, including copyrights and privacy rights.
Please refer to Section 7 for further details. Compliance with Section 7 is critical, and non-compliance may result in restricted access to the Application and/or other adverse consequences.
6.3 Third-Party Materials and Services Integrated into the Application
The Application integrates and relies on the following third-party services:
We collaborate with multiple third-party service providers to deliver and enhance our services. Below is a detailed list of our primary service providers:
AI Services (Conversational and Content Generation)
| Provider | Service | Entity Location | Shared Data | Privacy Policy |
|---|---|---|---|---|
| OpenAI | Conversational and content generation capabilities | United States | User queries | Privacy Policy |
| Anthropic | Advanced AI conversational capabilities | United States | User queries, conversational context | Privacy Policy |
| DeepSeek | AI language processing | China | User inputs, processing requests | Privacy Policy |
| Coze | Chatbot and automation capabilities | Singapore | Chat data, automation requests | Privacy Policy |
| OpenRouter | AI model routing and management | United States | Query routing data, model selections | Privacy Policy |
| Perplexity | AI-driven search and analytics | United States | Search queries, analytical data | Privacy Policy |
Search Services
| Provider | Service | Entity Location | Shared Data | Privacy Policy |
|---|---|---|---|---|
| Google Custom Search | Web search capabilities | United States | Search queries, result data | Privacy Policy |
| Microsoft Bing Search | Comprehensive web search | United States | Search queries, result data | Privacy Policy |
| Perplexity | AI-enhanced search | United States | Search queries, contextual data | Privacy Policy |
| OpenRouter | Search query routing | United States | Query routing data | Privacy Policy |
| Serper.dev | Search API aggregation | United States | Search queries, aggregated results | Privacy Policy |
Infrastructure and Analytics
| Provider | Service | Entity Location | Shared Data | Privacy Policy |
|---|---|---|---|---|
| Amazon Web Services (AWS) | Cloud infrastructure | United States | User data, application data | Privacy Policy |
| Sentry.io | Application monitoring | United States | Error logs, errors | Privacy Policy |
| Mixpanel | User analytics | United States | Usage patterns, interaction data | Privacy Policy |
| RevenueCat | Subscription management | United States | Purchase data | Privacy Policy |
| Appsflyer | Mobile attribution and marketing analytics | United States | Device information, installation source, in-app events, user interactions | Privacy Policy |
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 designated 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 additional details about these services, including their terms of service and privacy policies, please refer to their respective websites. 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 manner that:
- Is unlawful, illicit, or unauthorized;
- Is defamatory or disrespectful to others;
- Contains obscene or offensive content;
- Infringes upon the copyrights, patents, database rights, or trademarks of others;
- Advocates for, promotes, or facilitates illegal activities;
Furthermore, you shall not upload, input, create, generate, share, or distribute User Content through the Application that:
- Expresses, incites, or promotes discrimination;
- Intends to harass, threaten, or bully individuals;
- Promotes or glorifies or glorifies violence;
- Promotes, encourages, or depicts self-harm;
- Is intended to elicit sexual interest;
- Seeks to influence political processes or is used for campaign purposes;
- Constitutes unsolicited bulk content;
- Is false or misleading with the intent to deceive;
- Attempts to create malicious software.
We cannot review or moderate all content in advance. However, our representatives may monitor Content submitted through the ChatQ AI Application to ensure compliance with this Agreement and applicable laws, and you hereby consent to such monitoring. While we reserve the right to review Content for safety and compliance purposes, your data remains protected in accordance with our Privacy Policy, including encryption at rest and in transit. We reserve the right (but not the obligation) to, at our sole discretion, edit, modify, or refuse to post, or remove any Content.
8. User Privacy Rights
In accordance with applicable privacy regulations, including 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, to correct, to opt out of the sale or sharing of 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 may exercise these rights through the Application’s or by emailing [email protected].
9. Application Availability, Security, and Accuracy
To use the Application, you require a compatible smartphone or tablet and Internet access.
The Application is available for download and installation on handheld devices running Apple iOS Operating System version 15.0 or later.
We do not guarantee that the Application is compatible with all hardware and software you may use. We do not guarantee that access to the Application will be uninterrupted, timely, or error-free.
You acknowledge that you may access the Application is provided via the Internet and mobile networks, and thus its quality and availability may be affected by factors outside our reasonable control. The Application’s versions may be upgraded from time to time to add support for new features and services.
We may modify or update the Application or any content described therein without prior notice. When necessary, we may suspend access to the Application or close it indefinitely.
You further warrant that any information you provide to us is true, accurate, and complete, and you agree to maintain its accuracy.
You may discontinue using our services at any time by selecting the relevant option in your Apple ID account settings. If you choose to stop using the Application for any reason, you should uninstall the Application.
10. Fees
The Application is provided free of charge. Upon downloading, you gain access to its basic functionalities.
Access to certain services and/or additional features within the Application (“Premium Features”) requires in-app purchases, including paid subscriptions.
A complete list of Premium Features and pricing is available on the Application’s page. You may have the opportunity to try Premium Features during a free trial period.
Following the free trial period, subscription terms will commence and automatically renew periodically. Please note that unless you cancel your subscription at least 24 hours before the end of the free trial period, you will be automatically charged. Upon cancellation, you will retain access to the Application’s basic functionalities.
You may choose from various subscription options. Prices are listed in U.S. dollars and may vary in other countries or regions. Prior to purchase, you will receive all necessary information regarding subscription plans and free trial periods on the signup screen.
Subscriptions with a free trial period will automatically renew as paid subscriptions. If a free trial is offered, any unused portion will be forfeited upon purchasing a subscription. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer at any time.
Your subscription will automatically renew within 24 hours prior to the end of the current subscription period. You may disable the auto-renewal option in your Apple ID account settings, which must be done at least 24 hours before the end of the current subscription period. Upon confirmation of purchase, payment will be charged to your Apple ID account. Subscriptions cannot be canceled during the current 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 fees for downloading and/or accessing the Application, so please review the terms of your agreement with your carrier. Accessing the Application outside your country of residence may incur roaming charges. All such charges are your responsibility. If you are not the bill payer for the mobile device or tablet, we assume you have obtained permission from the bill payer to incur any such charges.
If you are under 18 years of age, you are legally required to obtain permission from a parent or legal guardian to make any in-app purchases. By completing an in-app purchase, you confirm to us that you have obtained all necessary permissions to make such a purchase.
If you are a parent or legal guardian of a person under 18, we recommend considering any parental control features offered by the Apple App Store to prevent excessive in-app purchases by your child.
In-app purchases are sold and billed by the Apple App Store, not by us. These purchases are subject to the Apple App Store’s terms and conditions. All billing and refund inquiries should be directed to the Apple App Store.
11. Third-Party Websites and Resources
The Application may link you to other websites on the Internet or contracted third parties to provide specific services. We do not control the content of any websites or mobile applications linked to the Application (unless we are the provider of such linked websites or mobile applications) and are not responsible for them. These linked websites and mobile applications are provided “as is” for your convenience only, with no express or implied warranties.
You acknowledge that you bear all responsibility and risk for the use of any third-party websites or resources.
If you have any questions, concerns, or complaints regarding 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 the respective third-party website or mobile application directly.
12. Disclaimer
You agree that your use of the Application and its services is at your sole 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. We do not guarantee that the functions contained in the services or content provided through the services will be available, uninterrupted, or error-free, that defects will be corrected, or that the services or the servers that make them available are free of viruses or other harmful components.
Important Disclaimer
Furthermore, you understand and agree that:
- Output is generated by artificial intelligence;
- Output may be erroneous, inaccurate, or misleading;
- We do not represent or warrant that Output is accurate, true, correct, or suitable for your use or needs;
- Output does not constitute advice, guidance, or information provided by us in any way and does not represent our views;
- We assume no obligation or liability for Output, nor are we liable for any damages (including any direct, indirect, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, time, use, data, goodwill, intangible losses, or any other type of damage, whether under contract, tort, or other legal theory, including but not limited to strict liability and negligence) arising from or related to Output;
- You use any Output at your sole risk;
- You should not rely on the ChatQ AI Application as your sole source of information;
- Output should not be used for legal, medical, financial, or safety-critical decisions.
Additionally, you understand and agree that Output may not be unique, as other users providing the same or similar inputs may receive identical or similar Output. You further understand and agree that you shall not use the ChatQ AI Application to mislead any third party into believing that Output is entirely human-generated. Furthermore, Output should not be used for purposes that may have legal or significant effects on an individual, such as making significant decisions about that individual.
User Memory Disclaimer
The User Memory feature generates summaries and inferences based on your chat history using automated processing. These summaries may be inaccurate, incomplete, or outdated. You should not rely on User Memory as a definitive record of your preferences or past interactions. We encourage you to periodically request a review of your User Memory by contacting [email protected] to ensure its accuracy. We are not liable for any consequences arising from inaccurate or incomplete User Memory data.
Medical Disclaimer
Our services are not intended, prepared, developed, or implied to be used for the diagnosis, prevention, or treatment of any disease, condition, or ailment, or to substitute for medical advice, medical care, or psychological counseling.
The ChatQ AI Application is not, in any sense, a medical or healthcare professional and does not provide any form of diagnosis, examination, or treatment services for medical or health conditions. We do not possess expertise in these areas.
Use of the services or any other communications provided by us does not create or imply a medical professional/healthcare provider-patient relationship (e.g., doctor-patient or psychologist-patient relationship).
We have no obligation to provide any emergency services. We are not obligated to contact you or any other person regarding your medical or health condition or its treatment. In a medical emergency, you should call your local emergency services number.
If you have any questions about your health, medical, or psychological condition, we recommend that you always consult a professional healthcare provider.
You should not disregard, avoid, or delay seeking professional medical care and advice due to any content read or obtained through the services.
If you have or suspect you may have a medical condition or mental health issue, you should immediately consult a professional healthcare provider.
13. Limitation of Liability and Indemnification
Under no circumstances shall we be liable for any type of direct or indirect damages arising out of or related to the Application and its services. We shall not be liable for any special, consequential, incidental, punitive, or exemplary damages, or loss of profits or revenue, even if we have been expressly advised of the possibility of such damages. We are also not liable for damages arising from products, services, and/or information provided by any third party through the Application or otherwise. You further acknowledge that we are not liable for costs or damages arising from private or governmental legal actions resulting from your use of the Application and its services in any jurisdiction.
You also acknowledge and agree that you assume all risks associated with the use of the Application and/or any User Content. You are responsible for all liabilities arising from your use of the Application and/or the sharing and distribution of any User Content. Furthermore, you agree to defend, indemnify, and hold us, our successors, assigns, licensees, partners, affiliates, officers, directors, and employees harmless from any claims, liabilities, complaints, losses, costs, 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:
- Your use complies with all applicable trade sanctions and export control laws (e.g., U.S. OFAC, EU Dual-Use Regulations). 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 jurisdiction.
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 will 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 Jurisdiction
This Agreement is governed by and construed in accordance with 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, statute, or otherwise, including disputes and claims arising out of or related to this Agreement, particularly regarding its performance or alleged breach, shall:
- Be governed by and construed in accordance with the substantive and procedural laws of Hong Kong, without regard to its conflict of law provisions; and
- Be exclusively adjudicated by the courts of competent jurisdiction in Hong Kong, to the exclusion of other courts and forums.
We do not guarantee that the Application is suitable for use globally. Individuals accessing or using the Application from other jurisdictions do so voluntarily and are responsible for compliance with local laws.
If you choose to access or use the Application from a restricted location, you are responsible for:
- Ensuring that your actions are lawful in that jurisdiction;
- Complying with all applicable laws, regulations, codes of conduct, licenses, registrations, permits, and authorizations, and the consequences thereof.
16.1 Class Action Waiver
In resolving any dispute and/or seeking relief from us, you expressly agree to waive the right to initiate or participate in any type of class action and/or proceeding.
If any dispute, allegation, or claim (including non-contractual claims) arises out of or relates to the Application, its services, or this Agreement, you and we agree to send a written notice to the other party, providing a reasonable description of the dispute and proposed resolution. Notices should be sent to the most recent contact information. Within 60 days of receiving such notice, you and we will engage in discussions to attempt to resolve the dispute, though neither party is required to agree to a resolution on unsatisfactory terms.
17. Termination
We reserve the right to terminate this Agreement at our sole discretion at any time and for any reason.
Upon termination, (a) the rights and licenses granted to you under this Agreement shall cease, and (b) you must discontinue all use of the Application.
Upon termination, your personal data will be processed in accordance with the data retention policies outlined in our Privacy Policy. You may request the deletion of your data, though we may be required to retain certain information under legal obligations. For details on data processing post-termination, please refer to Section 9 of our Privacy Policy.
18. Severability
If any provision of this Agreement is deemed unlawful, void, or unenforceable at any time, such provision shall be construed narrowly to the extent possible to render it lawful, valid, and enforceable, or, if that is not possible, it shall be severed. The remaining provisions of this Agreement shall remain in full force and effect.
You may not transfer or assign any contract or alleged rights between us to any other person.
19. Contact Information
We reserve the right to respond to u