Terms of Service

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This Terms of Service (hereinafter referred to as "this Agreement") is a binding legal agreement between Moshi Tech Limited (“we”, “us”, or “our”) and you who use our website,this App, and access or use any services offered by us (collectively, the “Services”). This Agreement sets forth the terms and conditions by which you may access and use of the Services. We hereby remind you to read this Agreement carefully and fully understand the terms and conditions contained herein.

By registering, accessing or using the Services , you are deemed to have read, understood and agreed to be bound by this Agreement. If you do not agree with this Agreement, please do not use the Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Eligibility and Protection of Minors.

Our Services are not directed to children under 【18】 (or other age as required by local law). By accessing and using the Services, you represent that you are not considered a child in your jurisdiction. If you are not a child but under the age of 18 or under the age of majority in your jurisdiction (“a Minor”), you represent that you have reviewed this Agreement with your parent or legal guardian and that you and your parent or guardian understand and consent to this Agreement. If you are a parent or guardian permitting a Minor to use the Services, you agree to: (i) supervise the Minor’s use the Service; (ii) assume all risks associated with the Minor’s use of the Services, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Services.

2. Changes to this Agreement.

In order to improve your user experience or enhance product safety performance, we may modify the Services from time to time. We reserve the right to change this Agreement as necessary in accordance with applicable laws and regulations. If we make changes to it, we will notice you by notifications, in-app announcements or other means to provide you the opportunity to review the changes. If you object to any changes, please stop using the Services or close your account. Your continued access or use of the Services will be deemed as you have read and agreed to be bound by the updated Agreement.

3. Please understand and acknowledge that we may, to the extent not prohibited by law, change, suspend or discontinue any or all of our Services according to your demands, our operational plans or as required by judicial, regulatory and supervisory authorities.

4. Your Account

a. If you create an account or login with third parties to access or use this App and the Services, you shall provide us with accurate and up-to-date information. Your account is limited to your access and use of the Services only. you shall not share your account with or transfer your account to anyone else. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

b. Account Security. It is important that you keep your account password confidential and that you do not disclose it to any third party.

5. Permitted License Uses

Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-sublicensable, personal, revocable, limited license to access and use the Services. You may install, use, display, and run the Services on your legally owned device for non-commercial purposes. We reserve all rights not expressly authorized to you regarding the Services in this Agreement. If you wish to obtain other rights with regard to the use of the Services, you shall separately obtain formal written permission from us.

6. Your Access and Use of the Services

Your access to and use of the Services is subject to these Agreement, Privacy Policy, other applicable rules and all applicable laws and regulations.

You agree that you will not:

1) Rent, lease, loan, trade, sell/re-sell or otherwise monetize this App, the Services or related data or access to the same, without our consent;

2) Upload, transmit, distribute, store or otherwise make available in any way:

a) any material which is defamatory of any person, obscene, profane, offensive, pornographic, hateful or inflammatory;

b) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;

c) any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;

d) any material that contains a threat of any kind, including threats of physical violence;

e) any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

3) Post anything that contains software viruses, worms, or any other harmful code;

4) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

5) Violate the intellectual property rights of this App or others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;

6) Otherwise violates laws and regulations, this Agreement, Privacy Policy or any additional terms concerning a specific service that are provided when you sign up for or start using such service.

7) Export or re-export the Services and/or other information or materials provided by us hereunder, unless permitted by applicable law and with our written authorization.

7. Intellectual Property; Ownership

We reserve the intellectual property rights to this App, the Service and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable intellectual property rights, anti-unfair competition and other respective laws, regulations and relevant international treaties. You hereby acknowledge that you don’t acquire any ownership rights by using the Services or by accessing any of the Service Materials, or rights to any derivative works thereof. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to access and use the Services, you should separately obtain formal written permission from us.

By using and/or uploading any content through the Services to publicly accessible areas of App or other related platforms, you grant to us and our sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.

8. Software and Services Provided by Third Parties

8.1 In order to facilitate your use of the Services, we may use third-party software or services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you get access to via App, this Services, or by said third party through other related platforms). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties when using software or services provided by such third parties. We cannot guarantee the security, accuracy and validity of the services and contents provided by third parties, and to the fullest extent permitted by applicable law, you shall solely bear relevant risks and responsibilities arising therefrom.

8.2 Whether the third-party software or services are pre-installed in this App or activated or subscribed by yourself, you understand and agree that we disclaim all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.

8.3 Any dispute between you and the above third-party software and services providers shall be settled by you and such third party with you taking relevant responsibilities, if any.

9. Fees and Advertisements

We also reserve the right to display advertisements in this App and the Services to you.

Your use of the Services will consume your device, bandwidth, traffic and other resources. Fees for the above resources such as Internet access fees, SMS fees, and payment for the Software's value-added services shall be borne by yourself.

10. Withdrawal of Earnings

Users may submit a withdrawal request for their vested and available account balance at any time through the designated function within the Services. All withdrawal requests are subject to the following conditions: (1) the available balance must meet or exceed the minimum withdrawal threshold as specified on the App's activity page time to time; (2) the user must complete all required identity verification procedures to the Service's satisfaction; (3) the request must be made via the user's registered account and directed to a valid payment method previously linked to such account.

We reserves the right to impose a processing fee, which shall be disclosed to the user prior to confirmation of the withdrawal. Processing times may vary depending on the selected payment method and third-party service providers, and we shall not be liable for any delays caused by factors beyond its reasonable control. We may suspend, reject, or reverse any withdrawal request if it reasonably suspects fraudulent activity, violation of these Terms, or any other irregular conduct. All taxes, duties, and other governmental charges arising from the withdrawal shall be the sole responsibility of the user.

We makes no representation or warranty that earnings will be available for withdrawal at any particular time or in any particular currency, and reserves the right to modify, suspend, or terminate the withdrawal functionality upon prior notice to users.

11. Privacy Policy

When you are using the Services, we may need to collect your personal data to provide you the Services. We made Privacy Policy which forms an integral part of this Agreement. The Privacy Policy states the detailed information of the way this App collects, uses, stores, transfers, and discloses your personal data. By accessing and using the Services, you agree to be bound by the terms of this Agreement and Privacy Policy, and we will protect your privacy in accordance with such Privacy Policy.

12. Termination and Breach of Contract

We may in our sole discretion, limit, suspend, and/ or terminate your access to and use of the Services, in whole or in part, at any time and for any reason. We have the right to decide whether your behavior complies with the terms of this Agreement. If you are deemed to have violated relevant laws and regulations or fail to comply with any terms and conditions of this Agreement or related rules (including but not limited to Privacy Policy), or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations, based on the severity of your violation, we may delete the content in violation, to limit, to suspend or to terminate your use of the Services without prior notice, and to take other measures that we consider appropriate. You acknowledge that we are not liable for any damage that may result from the foregoing and we are under no obligation to compensate you for any such losses or results.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAME WE PROVIDE IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.

Once it is terminated, we may continue to retain or delete the information generated during your use of the Services according to requirements of applicable laws and regulations. You agree that, to the fullest extent permitted by applicable law, we shall not be liable to you for such deletion.

13. Indemnification

You will indemnify, release and hold harmless us, our licensors, agents, and all senior managements, directors, employees thereof from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) any use of the Services or products appearing on the Services by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Services; or (iii) any violation of any laws, regulations or the rights (including Intellectual Property rights) of any third party by you or by any person that you allow to use the Services.

14. DISCLAIMERS

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THIS SOFTWARE AND SERVICE.

THIS APP DOES NOT CONTAIN ANY MALICIOUS CODE DESIGNED TO DESTROY YOUR DEVICE DATA OR TO OBTAIN YOUR PRIVACY INFORMATION. WE WILL ALSO DO OUR UTMOST TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE AND CONTINUOUS OPERATION OF THE SERVICES, BUT WITH THE LIMITATION OF THE EXISTING TECHNOLOGY, THIS APP AND RELATED SERVICE MAY BE AFFECTED BY VARIOUS UNSTABLE FACTORS, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THIS APP IS COMPATIBLE WITH ALL DEVICES, OR IS ERROR-FREE, CAN OPERATE WITHOUT INTERRUPTION OR THAT ANY ERRORS IN THE APP OR RELATED SERVICE CAN BE CORRECTED. IN CASE OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT US FOR TECHNICAL SUPPORT. IF THE COMPATIBILITY PROBLEM CANNOT BE SOLVED, YOU CAN UNINSTALL THE APP. WITHIN THE MAXIMUM SCOPE PERMITTED BY APPLICABLE LAWS, WE ARE EXEMPT FROM ANY OF YOUR LOSSES CAUSED HEREIN.

15. LIMITATION OF LIABILITIES

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL US, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY TO USE THE SERVICES;(2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

AT THE SAME TIME, OUR MAXIMUM COMPENSATION FOR ALL YOUR LOSSES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR USING/PURCHASING THE APP OR SERVICES (IF PAID SERVICE IS INVOLVED) WITHIN 12 MONTHS BEFORE THE DATE OF INITIATING THE CLAIM. IF THE LAW OF YOUR REGION DOES NOT ALLOW THE LIMITATION OF LIABILITY THROUGH AN AGREEMENT. IN THIS CASE, THE APPLICABLE LAWS AND REGULATIONS SHALL APPLY.

16. Governing Laws and Dispute Resolution

16.1 These Terms shall be governed by and construed in accordance with the laws applicable in Hong Kong, without regard to its conflict of laws principles. Any actions or claims brought under this Agreement including the validity, interpretation, breach, or termination thereof, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules (“HKIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English.

16.2 Unless required otherwise under applicable law, the English-language version of this Agreement controls when interpreting this Agreement.

17. Miscellaneous

17.1 Heading. The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.

17.2 Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reasons, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Agreement hereof, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with its terms.

17.3 Languages. If this Agreement is made in English. We may provide this Agreement in other languages in the future for your reference. In case of any discrepancy, the English version hereof shall prevail.

17.4 No Waiver. Our failure to enforce at any time any of the provisions of this Agreement, or our failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce such provision thereafter. Our express waiver of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

17.5 Entire Agreement. This Agreement constitutes the entire agreement between you and us governing your use of the Services, and supersedes any prior agreements between you and us relating to the use of the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase open-source software, third-party content, or other services.