Xiaoyao User Agreement

 

This User Agreement (hereinafter referred to as the "Agreement") is the set of rights and obligations established between you and Chinese Online Group Corporation and its affiliates (hereinafter collectively referred to as "we") regarding the Xiaoyao service and its associated products (hereinafter collectively referred to as "Xiaoyao"). Please read the content of this Agreement carefully, especially the parts in bold. If you have any questions about the content of this Agreement or the prompts on the page, please contact customer service first.

 

Special Reminder

 

Before you register to become a Xiaoyao user, please read and fully understand each clause of this Agreement, especially the clauses that exempt or limit liability and those related to the application of law and dispute resolution. You should be a citizen of the United States who is at least eighteen years old and has full civil capacity. If you are under eighteen years old, you will not be able to use some functions and services. Please read and determine whether to agree to this Agreement under the accompaniment of a guardian. By clicking the confirmation button or other similar buttons and continuing to use Xiaoyao, you are deemed to have obtained the necessary consent from your guardian.

 

By clicking "Sign up," "Sign in," or other buttons that indicate your intention to use Xiaoyao, using our services, or following the registration page prompts to fill in information, read and agree to this Agreement, and complete the entire registration process, you acknowledge that you have read, understood, and accepted all the terms of this Agreement and the corresponding legal responsibilities.

 

If you have any questions about this Agreement, you may consult customer service. During the process of reading this Agreement, if you do not agree with any of the terms, please immediately stop the registration and exit Xiaoyao, and at the same time, stop using the related services of Xiaoyao.

 

1. Definitions

 

Xiaoyao: Refers to the generative artificial intelligence creation assistant tool we provide based on large-scale model technology.

 

Xiaoyao Rules: Refers to the various rules, regulations, announcements, explanations, statements, guidelines, or other similar content that have been or will be published on Xiaoyao, as specifically displayed on Xiaoyao.

 

User: Refers to the natural person using this service (hereinafter referred to as "you").

 

Input: Refers to the text input by the user in the dialog box for the use of this service.

 

Output: Refers to the content output by this service based on user input (including text and other forms).

 

2. Account Registration, Management, and Cancellation

 

2.1 Account Registration

 

You should provide your e-mail address directly according to the prompts on the Xiaoyao page to open and register your Xiaoyao account. Once you have successfully completed the registration process, you will obtain the right to use the Xiaoyao account and become a Xiaoyao user. In Xiaoyao, one e-mail can only register and bind one account. To ensure the security of your account, you agree to complete the account's real-name authentication in accordance with Xiaoyao's requirements and relevant laws and regulations.

 

When registering on Xiaoyao, you must provide true and valid identification information and update it online promptly if there are any changes. If the information you provide does not match the facts, or the information you provide has changed and has not been updated, or there is any misleading suspicion that prevents us from providing or continuing to provide services to you, you shall bear the losses arising therefrom.

 

You understand and agree that the account you set up shall not violate the relevant national laws and regulations. Your account name, avatar, profile, and other registration information and personal information shall not contain illegal or bad information. Without the permission of others, you shall not use the name of others (including but not limited to using the name, title, business name, avatar of others, and other ways that are sufficient to cause confusion) to open an account, nor shall you maliciously register an account (including but not limited to frequent registration, batch registration of accounts, and other behaviors). You must comply with relevant laws and regulations during the account registration and use process and shall not engage in any behavior that infringes upon national interests, damages the legitimate rights and interests of other citizens, or is harmful to social moral customs. Otherwise, we have the right to review and handle the information you submit.

 

2.2 Account Management

 

Your account is for your personal use only. Unless otherwise provided by law or Xiaoyao rules, you may not transfer, assign, lend, or sell your account in any way. Otherwise, we have the right to ban or delete the account. You must properly keep your account login name, SMS verification code, and other information. All operations and instructions made in your account login state are deemed to be made by you. If your account is misused, stolen, or illegally used due to your own reasons, we will not be liable for any risks and losses caused to you.

 

You have the obligation to properly keep the account and password you obtained during registration. If your account and password are illegally used by others and cause you losses due to hackers, third-party actions, or your own negligence in keeping them, you shall bear the responsibility, and we will not be liable.

 

If you find that your account has been illegally used by others or there are abnormal use situations, you should immediately notify us and provide personal valid identity information consistent with the original registrant. After we verify the personal valid identity information you provide, we will try our best to assist you in maintaining your legal rights, but we do not promise that you can definitely retrieve the account through this channel.

 

2.3 Account Permissions

Users understand and agree that if a user exists or is suspected of violating laws and regulations, this Agreement and Xiaoyao rules, or infringing upon the legitimate rights and interests of Xiaoyao and/or third parties, we have the right to take all necessary measures (including but not limited to freezing the account, banning the account, closing the corresponding permissions, terminating the provision of services, deleting the relevant content, recovering illegal gains, reporting to the public security organs, etc.) without notice based on reasonable judgment. If the use of the virtual props in the user's account is partially or completely unavailable due to the above measures, we will not bear any responsibility.

 

2.4 Account Cancellation

You can submit the cancellation process through [Personal center - Cancel Account]. We will assist you in canceling the account after completing reasonable and necessary verification of personal identity, security status, device information, infringement complaints, etc., and delete all information related to your account in accordance with your request, except as otherwise provided by law. Please note that once the account is successfully canceled, it cannot be restored. Even if you register an account with the same phone number on Xiaoyao after cancellation, the account will be regarded as a new user account. The data and services in your original canceled account will not be retrievable. Please dispose of the above content before initiating the account cancellation application. Otherwise, it will be deemed that you voluntarily give up all rights and interests in the above content. Therefore, please operate with caution. The cancellation of this account does not mean that the account behavior and related responsibilities before the account cancellation are exempted or mitigated.

 

3. Xiaoyao Services and Rules

 

You have the right to enjoy the services provided by Xiaoyao or third parties through Xiaoyao on Xiaoyao, and the specific service content and functions are subject to what is actually displayed on the Xiaoyao page.

 

You understand and agree that we have the right to supplement or modify the various rules of Xiaoyao in accordance with national laws and regulations, regulatory policies, rights and interests rules, or business needs. Once you check the corresponding button when using Xiaoyao, it means that you agree to comply with the various rules of Xiaoyao.

 

You should be responsible for your use of Xiaoyao and ensure that you follow the following principles during the use of Xiaoyao:

 

Comply with the laws and regulations of your jurisdiction;

 

Comply with this clause and the relevant management regulations we have issued;

 

You shall not infringe upon the legitimate interests of third parties and us in any form;

 

You shall not use the services we provide for any illegal or infringing activities, including but not limited to using them to display, disseminate materials containing pornography, racism, low taste, obscenity, defamation, insult, and any content targeting religion, national tradition, race, gender, age, and various forms of hatred, discrimination, and prejudice.

 

You shall not use any plugins, external programs, systems, or third-party tools that have not been authorized or permitted by us to interfere with, destroy, modify, or otherwise affect the normal operation of Xiaoyao.

 

You acknowledge and agree that you will not violate any law, contract, intellectual property rights, or other third-party rights in the process of accessing or using Xiaoyao services, and you will be fully responsible for your actions in accessing or using the services. If you engage in any of the following circumstances, we have the right to immediately suspend or terminate the provision of services to you without any liability, and we have the right to require you to compensate Xiaoyao for all losses suffered:

 

Providing false or misleading information;

 

Using or attempting to use another user's account without the authorization of other users and Xiaoyao;

 

Impersonating others or creating misleading usernames;

 

Infringing upon the personal rights, intellectual property rights, or other legitimate rights and interests of others, such as the right to portrait, the right to name, the right to copyright, and the right to trademark;

 

Using the service in a way that may interfere with, destroy, affect, or prevent other users from fully enjoying the service, or that may damage, harm, destroy, or otherwise burden the service or functions of Xiaoyao in any way;

 

Developing, using, or disseminating any software that may damage, harm, or destroy the services or functions of Xiaoyao;

 

Intentionally circumventing or destroying technical measures, manufacturing, importing, or disseminating to the public any devices, components, or software for the purpose of circumventing or destroying technical measures, or intentionally providing technical services to others to circumvent or destroy technical measures;

 

Attempting to circumvent any content filtering technology we use, or attempting to access any function or area of the service that you are not authorized to access;

 

Ignoring or bypassing the instructions automatically accessed by Xiaoyao;

 

Using any robots, crawlers, scripts, extensions, offline readers, or other automated means or interfaces that are not authorized by us to access goods/services, extract data (including but not limited to search hot words, categories, search volume, click-through rate, and other related data), or otherwise interfere with or modify the presentation of service pages or functions;

 

Using data collected from Xiaoyao to contact individuals, companies, or other entities;

 

Using data collected from Xiaoyao for any marketing activities (including but not limited to email marketing, SMS marketing, telephone marketing, and direct marketing);

 

Using the service for any illegal or unauthorized purpose, or engaging in, encouraging, or promoting any activities that violate these terms;

 

Engaging directly or indirectly in any illegal activities through Xiaoyao, including but not limited to money laundering, terrorist financing, or engaging in activities that are intentionally designed to adversely affect the performance of Xiaoyao or its services.

 

Engaging in fraudulent activities or other deceptive or manipulative transaction activities directly or indirectly through Xiaoyao;

 

Engaging in any other activities that violate applicable laws, regulations, and Xiaoyao rules;

 

You shall not engage in any activities that endanger the security of computer networks using or targeting Xiaoyao, including but not limited to:

 

Illegal intrusion into networks, interference with the normal functioning of networks, theft of network data, and other activities that endanger network security;

 

Providing programs, tools, or other means specifically designed for engaging in activities that endanger network security, such as intruding into networks, interfering with the normal functioning of networks and protective measures, and stealing network data;

 

Providing technical support, advertising promotion, payment settlement, or other assistance to others knowing that they are engaged in activities that endanger network security;

 

Using unauthorized data or accessing unauthorized servers/accounts;

 

Entering public computer networks or other people's computer systems without permission and deleting, modifying, or adding stored information;

 

Attempting to probe, scan, test for weaknesses in the Xiaoyao system or network, or otherwise engaging in activities that destroy network security without authorization;

 

Interfering with or disrupting the normal operation of the Xiaoyao system or website, intentionally spreading malicious programs or viruses, and other behaviors that disrupt normal network information services;

 

Forging TCP/IP packet names or parts of names;

 

Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of Xiaoyao;

 

Maliciously creating, using, or setting Xiaoyao account information;

 

Engaging in other behaviors that violate laws and regulations, this Agreement, our relevant rules, and the legitimate rights and interests of others.

 

We have the right to review and monitor your use of the service. If we independently determine that you have engaged in any illegal or breach of contract behavior, we have the right to require you to correct the corresponding behavior and take all necessary measures (including but not limited to suspending or terminating your right to use Xiaoyao) to mitigate the impact of your actions. However, you acknowledge that our review actions do not impose any liability on us and do not exempt you from any obligations. If you have any objections to our handling actions, you may contact customer service for communication on the "Personal center - Contact us" page.

 

Users shall not use Xiaoyao to engage in activities prohibited by laws and regulations (including but not limited to the creation, dissemination, and spread of false information). When users publish or disseminate information generated by Xiaoyao, they should actively verify the authenticity and accuracy of the output content to avoid the spread of false information and clearly indicate that the output content is generated by artificial intelligence to alert the public to the synthesized nature of the content. Any legal disputes or other consequences arising from the content you upload and publish shall be borne by you.

 

If we independently determine that your use of Xiaoyao exceeds a reasonable scope, we have the right to limit your use, and you shall bear the responsibility and losses arising therefrom.

 

You understand that our provision of this service relies on the accurate operation and operation of the Xiaoyao system. If system errors, failures, or other reasons cause display errors, improper gains, or other situations, you agree that we may take appropriate corrective measures such as correcting errors, suspending services, and deducting amounts on our own or through our affiliates or partners.

 

4. Personal Information Protection

 

We commit to taking necessary measures to protect the personal information (that is, information that can independently or in combination with other information identify you) stored on our servers.

 

Protecting user personal information is one of our basic principles. During the use of Xiaoyao, you may need to provide your personal information (including but not limited to your device information, log information, etc.) so that we can provide you with better services and corresponding technical support. We will protect your rights to browse, modify, delete relevant personal information, and withdraw authorization in accordance with the law, and will use encryption technology, anonymization processing, and other technical measures and other security measures that match national laws and regulations to protect your personal information.

 

You understand and agree that, without violating relevant laws and regulations, we have the right to analyze and utilize user data, including but not limited to using technically processed dialogue information to improve Xiaoyao's understanding of input content, so as to continuously improve the recognition and response speed and quality of Xiaoyao and enhance the intelligence of Xiaoyao.

 

For more information on the protection of your personal information, please refer to the **Privacy Policy**.

 

5. Service Fees

 

We may charge fees in the process of providing this service, and the specific details will be based on the information we publish regarding this service. If you use any paid features of this service, you should pay the relevant fees in accordance with the billing standards and methods we publish.

 

For functions that are currently free of charge, we reserve the right to unilaterally change the content of the free services, the service period, and the service standards based on actual circumstances, and users understand and accept these changes.

 

Before any modifications, changes, or the commencement of charges, we will notify or announce on the relevant service pages. If users refuse to pay, they will not be able to continue using the paid functions of this service.

 

6. Intellectual Property

 

All content on Xiaoyao, including all data, information, output content, text, images, webpage designs, and other related copyrights, patents, trademarks, trade secrets, and other ownership and intellectual property rights generated during the development and operation process, are legally owned by us or other right holders. Without the consent of us or the corresponding right holders, you may not disclose or use them.

 

We grant you a personal, revocable, non-transferable, non-exclusive, non-commercial right to use the Xiaoyao service within the scope of this Agreement. All other rights not expressly permitted in this Agreement are reserved by us.

 

You acknowledge and agree that your use of this service will not transfer or diminish the rights you have in the content you input (including all content you upload and publish during the use of this service), unless otherwise agreed between us. For any content you input through Xiaoyao, you are deemed to have granted us a worldwide, free, perpetual, irrevocable, non-exclusive, sublicensable license to store and use the content you upload and publish within the scope permitted by law (including but not limited to copying, marking, learning, training, transmitting, publicly displaying, modifying, adapting, editing, creating derivative works based on the aforementioned content, or incorporating the aforementioned content into other works, media, or technologies currently known or developed in the future). Based on the characteristics of some functions, the content you input may be available for other users to use Xiaoyao.

 

If you find any copyright disputes or controversies in the services displayed on Xiaoyao, please contact us in a timely manner through [My - Contact Customer Service]. We will implement an investigation with your assistance and take or assist the right holder in taking legal remedies in accordance with the law.

 

7. Breach Handling

 

In the event of your violation of this Agreement or other service terms, we have the right to independently determine and take measures such as prior warning, refusal to publish, immediate cessation of information transmission, deletion of content or comments, temporary prohibition of content or comment publication, restriction of account functions in whole or in part until termination of service provision, permanent account closure, etc., and we will not be liable for any consequences that may arise from your inability to normally use the account and related services, inability to normally obtain assets within your account, or other rights and interests. We have the right to announce the results of the handling and decide whether to restore the use of the relevant account based on the actual situation. For acts suspected of violating laws and regulations or engaging in criminal activities, we shall retain relevant records and have the right to report to the competent authorities in accordance with the law, cooperate with investigations conducted by such authorities, and file reports with the public security organs. We also reserve the right to refrain from restoring any content that has been deleted.

 

If your breach of this Agreement or other service terms results in complaints or litigation claims from third parties, you shall handle them independently and bear all legal liabilities that may arise therefrom. If your illegal or breaching actions cause us or our affiliates, controllers, or successors to compensate any third party or suffer penalties from governmental authorities, you shall also fully compensate us and our affiliates, controllers, or successors for all losses suffered as a result.

 

We respect and protect the intellectual property rights, rights to reputation, rights to name, rights to privacy, and other legitimate rights and interests of users and others. You warrant that any text, images, videos, audio, links, or other content uploaded by you when using Xiaoyao shall not infringe upon the intellectual property rights, rights to reputation, rights to name, rights to privacy, or other rights and legitimate interests of any third party. Otherwise, we reserve the right to remove any content suspected of infringement upon receiving notice from the rights holder or relevant party. You shall be solely responsible for handling any and all claims made by third parties and shall bear all legal liabilities that may arise therefrom. In the event that your infringing actions cause losses to us and our affiliates, controllers, or successors (including but not limited to economic and reputational damages), you shall also fully compensate us and our affiliates, controllers, or successors for all such losses suffered.

 

8. Disclaimer

 

Xiaoyao services are primarily available to registered users who have completed identity verification. You should be aware that accounts that have not completed identity verification may face greater risks. If you fail to complete identity verification after receiving a notification from Xiaoyao, or if you fail the verification, Xiaoyao will not be liable for any legal responsibilities for any losses incurred.

 

We will make every effort to maintain the normal operation of Xiaoyao, but you should bear the risks of using Xiaoyao on your own. We make no commitments or guarantees regarding this, do not guarantee that the service will not be interrupted, and do not guarantee the security, accuracy, integrity, legality, or reliability of the content you create, use, store, or create. We will not be liable for any data loss, loss of service, or other consequences. Due to any reasons such as network bandwidth, computer (or other electronic device) hardware limitations, etc., if you are unable to use Xiaoyao normally, we will not be liable for any legal responsibilities.

 

We will strive to protect your legitimate rights and interests. Please understand that during the process of using Xiaoyao services, you may encounter risk factors such as force majeure. If any of the following situations occur that prevent us from fulfilling the agreement or you from using third-party services through Xiaoyao, we will cooperate with the relevant units in the first place and promptly carry out repairs. However, we will not be liable for any losses caused to you or third parties:

 

During the system shutdown maintenance or upgrade related to Xiaoyao services;

 

Due to force majeure reasons such as natural disasters like floods, earthquakes, plagues, and storms, as well as social events like war, riots, changes in laws and regulations, and government actions;

 

If you operate improperly or use the service in a way that is not authorized or recognized by us;

 

Due to viruses, trojans, malicious program attacks, network congestion, system instability, system or device failures, communication failures, power failures, telecommunications equipment failures, third-party service flaws, etc.

 

You understand and agree that, given the special nature of network services, our continuous provision of this service may be affected by a variety of factors. For example, if there are changes in technical upgrades, service system upgrades, or business strategies, or to comply with major technological and regulatory policy changes in the country, we may terminate, interrupt the provision of services, or change the form, specifications, or other aspects of the services provided at any time, and you will not hold us liable for this.

 

You understand and agree that, for the convenience of providing services to you, we may set up corresponding external links from third parties on Xiaoyao. We only provide you with information technology services and other auxiliary services related to third-party services. Except as otherwise provided by law or agreed in this Agreement, we will not become a participant in any transactions or business between you and third parties.

 

Due to the vast amount of information on the Internet and the difficulty in verification, we may not be able to verify each piece of information through multiple channels. Although we have made reasonable efforts, we do not make any commitments or guarantees regarding the legality, authenticity, accuracy, and reliability of the output content. You should make your own judgment about the output in this service and bear all risks arising from the use of the content. We will not be liable for any losses or damages caused by the aforementioned risks.

 

The output under this service does not represent professional opinions and cannot replace the answers provided by professionals in fields such as science, law, medicine, finance, etc. The relevant views are only for your reference based on the limited data touched by the algorithm and do not represent our position. Since the same input may produce different output results due to the characteristics of machine learning, please note the differences. Any judgments you make based on the content of the output or any subsequent related actions you take, as well as the consequences and responsibilities arising therefrom, shall be borne by you. Please use this service scientifically, rationally, and in accordance with the law.

 

9. Service Changes, Interruptions, and Termination

 

You understand and agree that the Xiaoyao service we provide is provided in the current state according to the existing technology and conditions. We will make every effort to provide you with the service and ensure its continuity and security. You understand that we cannot always foresee and guard against legal, technical, and other risks, including but not limited to force majeure, network reasons, third-party service flaws, third-party websites, etc., which may lead to service interruptions, inability to use Xiaoyao normally, and other losses and risks.

 

You understand and agree that, for the needs of overall service operations and the security of Xiaoyao operations, we have the right to decide to modify the settings and scope of services/functions, or to suspend, terminate, or terminate Xiaoyao at any time based on the specific situation.

 

10. Governing Law and Dispute Resolution

 

The interpretation, validity, and resolution of disputes under this Agreement shall be governed by the laws of your jurisdiction. Any disputes arising from or related to the use of Xiaoyao shall be submitted to the relevant arbitration authority for resolution.

 

11. Amendment and Modification of this Agreement

 

In order to better serve users, we reserve the right to modify this Agreement at any time. In the event of any changes to the terms of this Agreement, we will display the modified content on the relevant pages and ask you to reconfirm this Agreement. If you do not agree with the modifications to this Agreement, you should immediately stop using Xiaoyao, and we will restrict your use of some functions of Xiaoyao. If you choose to continue using Xiaoyao after the modification of this Agreement, it will be deemed that you have accepted and are willing to comply with the modifications to this Agreement.

 

If users have objections to any terms of this Agreement, they may choose not to use Xiaoyao. The actions of users in registering, logging in, and using Xiaoyao will be deemed acceptance of this Agreement and agreement to use in accordance with the terms of this Agreement.

 

12. Minors Protection

 

If you are a minor under the age of 18, you should carefully read and agree to this Agreement under the supervision and guidance of your guardian and with the consent of your guardian before using Xiaoyao. If you have not obtained the consent of your guardian, the guardian may notify Xiaoyao through the channels displayed by Xiaoyao to handle the relevant account, and Xiaoyao has the right to restrict the functions and use of the relevant account.

 

We attach great importance to the protection of minors' personal information. When filling in personal information, minor users should enhance their awareness of personal protection and be cautious, and should correctly use Xiaoyao under the consent and guidance of their guardians.

 

Minors and their guardians understand and confirm that if they violate laws and regulations or the content of this Agreement, they and their guardians shall bear all legal responsibilities in accordance with the law.

 

Special Reminder for Minor Users:

 

Minors should use the Internet correctly under the supervision and guidance of their guardians within a reasonable scope, avoid becoming addicted to virtual cyberspace, and develop good Internet habits.

 

To better protect the privacy rights of minors, we especially remind you to be cautious when publishing content containing minors' materials. Once published, it will be deemed that you have obtained the consent of the rights holder to display the minors' portraits, voices, and other information on Xiaoyao, and allow us to use and process the aforementioned content related to minors in accordance with this Agreement.

 

Special Reminder for Guardians:

 

If your ward uses Xiaoyao, you, as the guardian, should guide and supervise the login and use behavior of your ward. If your ward logs in and uses the Xiaoyao account, we have the right to consider that it has obtained your consent.

 

Your ward may use payment-related functions when using Xiaoyao. As a guardian, please keep your payment devices, payment accounts, and payment passwords well to prevent your ward from using payment-related functions through your Xiaoyao account without your consent.

 

Thank you for your trust and use of Xiaoyao!

 

Chinese Online Group Co., Ltd.

 

Update Date: March 1, 2024