Visual Assistant APP User Agreement

Version Effective Date: 2024 Year 07 Month 16 Day

Version Update Date: 2024 Year 07 Month 16 Day

Welcome to experience the Visual Assistant APP of Shenzhen BixinAI Co., Ltd.!

[Read Carefully] Before agreeing to this Agreement, please carefully read and fully understand the contents of all terms, especially the terms that exempt or limit liability, the governing law and dispute resolution terms. These terms will be marked in bold or bold underline, and you should pay special attention to them. If you have any questions about this Agreement, you may contact us through the contact information disclosed in this Agreement.

[Signing Action] When you check or click to agree to this Agreement, or start using this product, or otherwise choose to accept this Agreement, it means that you have fully read, understood, and accepted all contents of this Agreement and have reached an agreement with us. This Agreement is established from the date you check or click to confirm on the web page or otherwise choose to accept this Agreement. If you do not agree to this Agreement or any of its terms, please do not perform the signing action.

I. Contracting Entity and Scope of Agreement

This Agreement is a service agreement signed between you and Shenzhen BixinAI Co., Ltd. (or simply referred to as we) regarding your use of products or services we provide through the Visual Assistant APP, mini programs, and new forms emerging with technological development (or simply referred to as this product).

II. Account Registration and Management

2.1. Eligibility for Registration

2.1.1. You confirm that when you complete the registration process or actually use this product in another manner permitted by us, you should be a natural person, legal person, or other organization with full civil capacity and full capacity for civil conduct (referred to as you).

2.1.2. If you are a minor or a person with limited capacity for civil conduct, you do not have the aforementioned subject qualification, and you and your guardian shall bear all consequences arising from your improper registration act.

2.1.3. You must also ensure that you are not the target of trade restrictions, sanctions, or other legal or regulatory restrictions imposed by any country, international organization, or region; otherwise, you may be unable to register and use our services normally.

2.2. Account Registration and Login

2.2.1. After you fill in information as prompted on the registration page, read and agree to the user agreement of this product, and complete the entire registration process, you may obtain a Visual Assistant account and formally become a user of the Visual Assistant product, and an Account ID will be automatically generated for you. You understand and agree that when reference is made to your Visual Assistant account, it actually refers to the collective term for the account name and the login mobile number or other information attributed under Account in the user interface.

2.2.2. The account name you set must not violate national laws and regulations, public order and good customs, social morality, or our management rules, or easily cause confusion between your identity and ours; otherwise, your account may fail to register successfully, or we have the right to actively cancel it after notifying you.

2.2.3. You shall provide accurate account information and update it promptly as required by laws and regulations or as prompted on the relevant pages, to ensure it is true, timely, complete, and accurate. If the information you provide is erroneous, untrue, outdated, or incomplete, we may send you an inquiry and/or a notice requiring correction, and you shall cooperate with our requirements to provide or update the relevant information. If the information or materials you fill in are untrue, untimely, incomplete, or inaccurate, you shall bear the consequences and losses arising from your inability to use the Visual Assistant account (including failure to register successfully, or the account being frozen or cancelled) or from your use of the product.

2.2.4. Under normal circumstances, your account is the sole identity identifier for all your activities within this product. Unless otherwise agreed, each account can independently carry out activities within this product. However, in the following circumstances, we have the right, based on our own judgment, to uniformly process multiple Visual Assistant accounts owned by the same and/or affiliated legal entity. For example, based on the association information of different Visual Assistant accounts in registration, login, and use, we determine that they actually belong to the same user. Examples of association information: the same identification document, the same mobile phone number, the same payment account, the same device, the same address, etc.

2.3. Use and Security of the Account

2.3.1. You have the right to use the account you set up to log in to and use this product. You acknowledge and agree that we have the right to change, suspend, or cancel any service from time to time (including the increase or decrease of product categories, adjustment of service content, version upgrades, etc.), or to change, suspend, or cancel any feature or function of a service from time to time, or to change, suspend, or cancel the manner of use of the service and the relevant service content from time to time. We may notify you of such changes, suspensions, or cancellations through product announcements, in-site messages, your registered mobile phone number, email address, etc. You are obligated to check and thoroughly understand the relevant adjustments in a timely manner. If you do not agree to any of the changed terms, please do not continue to use the relevant services. If you use the relevant services we provide, you are deemed to agree to comply with the service terms published at that time.

2.3.2. One Visual Assistant account may only correspond to one unique legal entity. Unless otherwise required by law, judicial ruling, or with our consent, you may not transfer, lend, lease, sell, gift, or otherwise allow others to inherit your Visual Assistant account in any manner.

2.3.3. Your account information is set up by yourself and kept by yourself, and you must keep your account and password, mobile phone verification code, and other account-related information and materials confidential. You must ensure that at the end of each Internet session, you leave the website in the correct steps.

2.3.4. If you find that others are using your Visual Assistant account without authorization, you shall notify us immediately; we will assist you in freezing the account, changing the password, or making other security settings; you understand that it takes us a reasonable amount of time to act upon your request, and we do not assume any responsibility for consequences (including but not limited to any of your losses) that have already arisen before we take action and those caused by you.

2.3.5. We will adopt industry-standard security protection measures to ensure the security of your account.

III. Account Freezing, Cancellation, and Appeals

3.1. Freezing of the Account

Your Visual Assistant account (all or some permissions or functions) may be frozen in the following circumstances, in which case we may notify you by email, in-app message, SMS, or phone call:

3.1.1. You violate this agreement, the compliance instructions displayed on this product's pages, or other product usage requirements that we have explained to you in advance;

3.1.2. You are complained against by others, and the complainant has provided relevant evidence, but you fail to provide contrary evidence as required by us;

3.1.3. Based on reasonable analysis, we determine that there are abnormalities in your account operations, earnings, redemptions, etc.;

3.1.4. You violate national laws, regulations, policies, or legal instruments;

3.1.5. A regulatory authority explicitly requires us to freeze your account;

3.1.6. Based on reasonable judgment, the same user engages in other circumstances of the same nature as the above behaviors or that give rise to similar risks as described above.

3.2. Account Cancellation

3.2.1. Your Visual Assistant account may be cancelled under any of the following circumstances:

(1) Based on the account cancellation application submitted by you, we process your cancellation request in accordance with the law and the account cancellation procedures and complete the account cancellation;

(2) When the circumstances described in Clause 3.1 above occur and are serious, or based on the requirements of a regulatory authority, we cancel your relevant Visual Assistant account, and we will notify you by email, SMS, telephone, or other appropriate means;

(3) When you have not logged in to the Visual Assistant product (including during account freezing) through your account for 12 consecutive months, we shall have the right (but not the obligation) to cancel your account.

3.2.2. You understand and agree that once the account is cancelled, you will:

(1) be unable to log in to the Visual Assistant website, App, mini-program, etc. again;

(2) be unable to retrieve the personal information, transaction records, business data, historical information, etc. under that account;

(3) be unable to perform other operations that depend on account permissions.

3.2.3. After account cancellation, we will:

(1) no longer have the right to continue collecting, storing, and using your personal information and data, except in circumstances otherwise required by laws and regulations;

(2) be obligated, on the premise of complying with national laws and regulations, to ensure that all your data under that account cannot be retrieved or accessed in the systems involved in achieving daily business functions;

(3) account cancellation does not affect our performance of relevant obligations, such as lawfully confirming the true identity of the user before account cancellation, when required by regulatory authorities or in other legitimate scenarios.

3.2.4. You acknowledge and understand that account cancellation does not mean that all your account behaviors and related responsibilities prior to the account cancellation are exempted or mitigated.

3.3. Appeal

In the event of the aforementioned account freezing or cancellation, you should promptly pay attention and may follow the procedures to make an appeal and take other follow-up actions:

3.3.1. If you apply to us through the appeal procedure to lift the above freezing or cancellation, for the security of your account, you shall cooperate by truthfully providing identity proof and relevant materials, as well as other information or documents required by us, for verification purposes. You shall fully understand that your appeal will not necessarily be granted, and we have the right to decide whether to approve your appeal request.

3.3.2. You understand and agree that if you refuse to truthfully provide identity proof and relevant materials, or fail to pass our review, we have the right to freeze such account for a long period and restrict some or all functions of the account for a long period, until the aforementioned circumstances are reasonably corrected, or cancel the account pursuant to Clause 3.2.

3.4. You understand and agree that if multiple Visual Assistant accounts exist under your name and one or more of them are frozen or cancelled due to your illegal, non-compliant, or breach-of-contract behaviors, we have the right to make reasonable judgments based on the specific circumstances and relevant risk levels, and freeze or cancel all or part of your other accounts.

IV. Service Specifications

4.1. With respect to the information content you create using this product, we hereby put forward the following requirements in accordance with the law:

4.1.1. The information content created as described here refers to all content uploaded, copied, generated, stored, published, and disseminated by you during your use of this product, including but not limited to account information such as account avatars and names, as well as text, voice, images, videos, and other information content that you input, reply to, or generate.

4.1.2. You may not use this product to upload, induce the generation of, or disseminate the following information content by yourself or to assist others in doing so:

(1) political propaganda and news information that violates national regulations;

(2) information involving national security and national defense interests;

(3) feudal superstition and obscene, pornographic information;

(4) information related to illegal Internet activities such as lottery promotions, gambling games, "private servers", "plug-ins", etc.;

(5) Information violating national ethnic and religious policies;

(6) Information that hinders the security of Internet operations;

(7) information that infringes upon the legitimate rights and interests of others and other information detrimental to social order and public morals;

(8) other information that violates laws, regulations, departmental rules, or national policies.

4.1.3. You agree that we have the right to review your input data and synthesized results by technical or manual means, and have the right, without notifying you, to delete content that we or a competent regulatory authority considers to violate any law or platform agreement or policy (referred to as "non-compliant content"); however, such review does not mean that we assume any additional responsibility, and all behaviors under your registered account are entirely your own responsibility. If you upload or disseminate the above non-compliant content within this product, resulting in any third-party claims or any derivative damages or losses, you shall bear full responsibility.

4.1.4. You warrant that the information content you create using this product is information that you own or are authorized by the relevant rights holder to process, and that our analysis and processing of such information content and generation of new information content in accordance with your instructions will not infringe upon the lawful rights and interests of any third party (including but not limited to personality rights, copyrights, and property rights).

4.1.5. You must not use this product to fabricate or disseminate false information. When publishing or disseminating non-authentic information created using this product, you are legally required to clearly mark it as such (including but not limited to adding watermarks to generated images and attaching statements declaring the information as non-authentic). If you illegally use this product to fabricate or disseminate false information, we will retain relevant records in accordance with the law and report the matter to the cyberspace administration authorities and other competent authorities.

4.2. You must ensure that you do not attack this product in any way, and must not modify, adapt, or translate the software, technology, materials, etc. used by this product, nor obtain the source code involved in this product through reverse engineering, decompilation, disassembly, or other similar acts; otherwise, you shall be responsible for all legal consequences arising therefrom, and we have the right to pursue your legal liability in accordance with the law.

4.3. You acknowledge and agree that this product may only be used by you for personal learning, research, experience, and similar purposes; without our consent, you may not further provide services to external parties based on this product.

4.4. This product may include a web reading service. You acknowledge and agree that you must use this service within a lawful and compliant scope, including but not limited to complying with the management rules of the target websites and their intellectual property rights, and not parsing websites containing prohibited content. As a tool provider, we are not liable for your use of the service; you must carefully assess the risks and bear responsibility independently.

4.5. When using the various functions of this product, you must understand and comply with the usage rules clearly specified by us in the product service interface and product documentation; if you suffer damage to your rights and interests due to your violation of or failure to understand the usage rules, you shall bear the consequences yourself.

V. Intellectual Property

5.1. The trademarks, service marks, URLs, text, service names, and combinations thereof of this product (collectively, the "Marks") are owned by us or our affiliated companies and are protected by intellectual property laws. Without the permission of us or our affiliated companies, you may not display or use the aforementioned Marks, alone or in combination with anything, or apply to register them as trademarks or use them for domain name registration, nor may you engage in any act that expressly or implicitly suggests to others that you have the right to display, use, or otherwise process such Marks.

5.2. The intellectual property rights enjoyed by each party prior to the signing of this agreement shall remain with the respective parties; they shall not be transferred to the other party or jointly owned by both parties by virtue of the signing or performance of this agreement.

5.3. You shall ensure that any materials, assets, etc. uploaded during your use of this product are owned by you or that you have been authorized by the lawful rights holder, and that the aforementioned content and your use thereof do not involve any actual or potential disputes. If a third-party organization or individual raises a question or complaint regarding the ownership of intellectual property rights in the relevant materials involved in your use of our services, or raises a question or complaint regarding the ownership of the intellectual property rights of our services that you use, both you and we are responsible for producing relevant intellectual property certification materials and cooperating with the other party's complaint handling process. For any claims, lawsuits, or potential lawsuits arising therefrom, the breaching party shall be responsible for resolving them, bear the costs and losses, and hold the other party harmless.

5.4. Unless otherwise agreed or otherwise required by laws and regulations, if you have lawful intellectual property rights in the content you upload, the intellectual property rights in the synthesized content shall remain with you; however, whether the aforementioned synthesized content has intellectual property rights and the ownership of such rights shall be determined and handled by yourself, and we shall not be liable for any losses caused thereby; if losses are caused to us or other affiliated companies thereby, you shall be liable for compensation. For the avoidance of doubt, if the content you upload and/or generate contains intellectual property rights or other lawful rights and interests owned by us, then regardless of how these components are integrated during the synthesis process, the relevant rights shall always be held by us and shall not be transferred from their original ownership by virtue of the content being synthesized.

5.5. You confirm and agree that all information content uploaded, generated, published, or disseminated through this product and related supporting services is hereby licensed to us and/or our affiliated companies on a worldwide, perpetual, royalty-free basis, allowing us to use your information content in the process of optimizing models and services. This license includes not only the right of direct use, but also transferability and the right to sublicense or relicense to third parties. In addition, with respect to any portion of information content that you input and disseminate through this service and related services, you expressly authorize us and/or our affiliated companies to use such content for brand-related marketing, promotional activities, academic research, and other related purposes.

VI. Personal Information Protection

6.1. We fully understand the importance of your personal information to you, and your trust is very important to us. We will strictly comply with the requirements of laws and regulations by adopting corresponding security protection measures, and are committed to protecting your personal information.

6.2. During your participation in this product, we may ask you to provide us with, and we may also proactively collect, certain necessary personal information about you. You can learn in detail about how we collect, use, and protect your personal information through the "Vision Assistant Product Privacy Policy".

VII. Limitation of Liability and Liability for Breach

7.1. Due to the current limitations of science and technology and the particular nature of generative artificial intelligence, we specifically remind you that we cannot guarantee that the content generated by this product is compliant, accurate, and complete, and the generated content does not represent our attitude or opinions. Please do not rely on any information content generated by this product; we shall not be liable for any damage caused by your reliance on this platform.

7.2. We do not assume any legal liability or risk arising from your breach of this agreement. When your improper use of this product infringes upon the lawful rights and interests of any third party and causes us and/or our cooperation partners to suffer any complaint, report, claim, or lawsuit, you are obligated to actively take measures (including but not limited to actively providing evidence in response and participating in litigation) to ensure that we and our cooperation partners are protected from or are freed from such predicament as soon as possible. When we and/or our cooperation partners thereby suffer any direct or indirect damage to reputation or property, you shall bear full liability for damages.

7.3. When you violate the aforementioned provisions, we have the right to impose penalties on you depending on the specific circumstances, including warnings, restricting functions, suspending use, banning accounts, or even closing accounts; for acts that endanger national security, public security, and national defense interests, we will deal with them severely; if other users, us, or any of our cooperation partners suffer damage to their rights and interests due to your violation of the aforementioned rules, you shall bear full legal responsibility yourself, and in serious cases you may bear criminal liability.

VIII. Handling of Complaints and Appeals

8.1. Complaints. If you believe this product may have infringed upon your intellectual property rights or other lawful rights and interests, or if you encounter any illegal or false content while using this product, as well as any conduct violating the service agreement, you may provide feedback by sending relevant certification materials to the designated email address 【support@szbxzn.wecom.work】. After receiving your feedback, we will contact you and verify the relevant situation within a reasonable period, and take corrective measures after the situation has been verified.

8.2. Appeals. If you believe that we have improperly imposed a restrictive decision on your use of this product, you may file an appeal with us by sending relevant appeal materials to the designated email address 【support@szbxzn.wecom.work】; the materials required for an appeal shall at least include your account information, a copy of your ID card or passport (for individual users), a copy of the entity registration certificate (for corporate users), the current status of your account, the circumstances of use for which the account was subject to restrictive measures, and what measures you wish us to take to restore your ability to use this product. After receiving your appeal materials, we will contact you and verify the relevant situation within a reasonable period, and take relevant measures after the situation has been verified.

IX. Governing Law and Dispute Resolution

9.1. The formation, effectiveness, interpretation, revision, supplementation, termination, enforcement of, and dispute resolution under this agreement shall be governed by the laws of the People's Republic of China.

9.2. Disputes arising between you and us from or in connection with your use of this product shall be resolved through consultation between you and us. If consultation fails, either party may file a lawsuit with the People's Court of Nanshan District, Shenzhen.

X. Miscellaneous

10.1. This Agreement consists of the content of this Agreement, the rules and specifications displayed on the relevant pages of the Application, service descriptions (including operating documentation), and other terms/conditions that you have clicked to confirm; both we and you are bound by them, and the relevant terms therein may be cross-referenced and interpreted.

10.2. We have the right to modify this Agreement and the corresponding service rules, and will announce or notify such changes by means such as web announcements, emails, onsite messages, and SMS; if you continue to use this Product after the content of this Agreement has been modified, it indicates that you have fully read, understood, and accepted the modified content, and will also comply with the modified terms.

10.3. If you have any questions or comments about the content of this Agreement, you may contact us by sending an email to 【support@szbxzn.wecom.work】.