Clutchy Ai Terms of Service
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Effective date:
These Terms of Service (the “Terms”) are a legally binding agreement between you (“you” or “User”) and Hangzhou Yanhuang Intelligent Technology Co., Ltd. (“Company”, “we”, “us” or “our”), governing your access to and use of the “Clutchy Ai” mobile application, website, and related services (collectively, the “Service”).
BY CREATING AN ACCOUNT, DOWNLOADING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.
The “Dispute Resolution” section of these Terms explains how any disputes between you and us will be handled. It includes an arbitration agreement that requires most disputes to go through binding arbitration instead of court. You can opt out of this arbitration agreement by following the instructions in that section. If you don’t opt out, you’ll need to bring any claims against us individually (not as part of a class action), and you’ll be giving up your right to go to court or have a jury trial.
1. What is the Service?
The Service is an AI-powered communication assistant designed to help users improve their messaging on dating apps, text messages, and social media platforms. The Service uses artificial intelligence to analyze screenshots or chat content you upload and provides personalized suggestions for responses.
We aim to help you communicate more effectively, but you understand and acknowledge that:
- All suggestions provided by the Service are for informational and entertainment purposes only and do not guarantee any specific social or relationship outcomes (including, but not limited to, receiving replies, matches, or dates);
- You are solely responsible for reviewing, editing, and deciding whether to use any AI-generated suggestions; and
- You bear full responsibility for any message you ultimately send using the Service.
IMPORTANT NOTICE REGARDING CHAT CONTENT UPLOADS:
Uploading screenshots or chat content that includes messages from another person does not, by itself, establish that person's consent to our collection or processing of their information. Your responsibility to obtain the permissions required under these Terms, including Section 7.4, remains unchanged.
Before uploading any chat content, you are solely responsible for determining whether such upload violates any applicable laws in your jurisdiction, including but not limited to federal and state wiretapping, eavesdropping, and recording-consent laws. Many U.S. states (commonly referred to as “all-party consent” or “two-party consent” states—including, without limitation, California (Cal. Penal Code § 632), Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington) require the consent of all parties to a communication before it may be recorded or intercepted. Uploading chat content containing another person's messages without their consent may constitute a violation of such laws, and you alone bear all legal consequences.
IF YOU DO NOT HAVE THE LEGAL RIGHT TO SHARE ANOTHER PERSON’S MESSAGES, DO NOT UPLOAD SUCH CONTENT TO THE SERVICE.
2. Eligibility
To use the Service, you must be at least 18 years old or otherwise of legal age in your jurisdiction and legally competent to agree to these Terms. You represent and warrant that you meet both requirements. If we have previously barred you from accessing or using the Service, that restriction still applies.
If you do not meet these requirements, do not attempt to register for or use the Service. If you do, we will immediately delete the account and all associated information.
3. Account Registration and Security
3.1 Registration Information
To use the Service, you must create an account by providing accurate, complete, and current information as prompted by the registration process (including, but not limited to, mobile phone number or third-party authentication). You agree to update your information as necessary to keep it accurate and complete.
3.2 Third-Party Login
If you choose to sign up or log in using a third-party service (Google, or Sign in with Apple on iOS), we may receive information from that service, including your name, email address, and profile picture, to create or authenticate your account. By using these login options, you authorize us to access and use this information in accordance with our Privacy Policy.
3.3 Account Responsibility
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You may not share, transfer, sell, or rent your account to any third party.
We recommend that you update your password regularly (if applicable) and keep all login credentials secure to ensure the safety of your account. For accounts accessed through third-party authorization methods, please also pay attention to the security settings of the respective third-party platform. If you become aware of any unauthorized use of your account, please notify us immediately at yhuangkeji@163.com, and we will provide our fullest cooperation and response.
We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by us or a third party due to someone else using your Account.
3.4 SMS Communications and TCPA Consent.
If you provide your mobile phone number to us, you expressly consent to receive recurring text messages (SMS or MMS) from us or on our behalf at that number, including (a) account verification codes and security alerts, (b) transactional messages relating to your account, and (c) if you opt in, marketing and promotional messages.
Message frequency varies. Message and data rates may apply. Consent to receive marketing messages is not a condition of purchasing any goods or services. You may reply STOP at any time to opt out of marketing messages, or reply HELP for assistance.
We may use an automatic telephone dialing system or prerecorded or artificial voice messages to deliver these communications. By providing your mobile number, you represent that you are the subscriber of, or are authorized to provide the number for, the mobile device. You agree to notify us promptly if you change or relinquish your mobile number. For details on how we handle your information, see our Privacy Policy.
4. Prohibited Conduct
You agree to comply with all applicable federal, state, and local laws and regulations, including applicable export control laws, when using the Service, you shall not:
- Attempt to impersonate another person or use another person’s account information without authorization;
- Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through this Service, by any means except as provided for in these Terms;
- Violate or attempt to violate the Service’s security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of our systems and networks;
- Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling", "lock out", "metering" device or any malicious code);
- Redistribute, decompile, reverse engineer, publish, or copy this Service, including cracking its flash (.SWF) files;
- Access or search this Service by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Service or accessing the Service through any API approved by us);
- Post or do anything that could disable, overburden, or impair the proper working of the Service;
- Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
- Use the Service or any of our trademarks, game names, trade names, service marks, copyrights, or logos, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Share screenshots or chat content containing identifiable information of another person without their explicit consent (you represent and warrant that you have obtained all necessary consents before uploading any content);
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in conduct related to the Service that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
We reserve the right (but have no obligation) to monitor, remove, or edit any content, suspend or terminate accounts of users who violate these Terms, and report illegal activity to appropriate authorities.
5. Subscriptions, Fees, and Auto-Renewal
5.1 Free and Paid Features
The Service offers both free features and paid subscription plans. For information on the fees and payment terms for paid features, please refer to the Membership & Credits Policy.
5.2 Auto-Renewal
Automatic renewal applies when you confirm a recurring subscription or authorize recurring payments. Your confirmation shows the billing period and the terms for the next charge. One-time purchases do not renew.
- For an App Store subscription, manage renewal in Apple Account settings. Submit refund requests for App Store purchases to Apple. Apple reviews the request and decides whether to approve it.
- For a WeChat Pay recurring payment agreement, manage the authorization in WeChat Pay. For help with a payment, contact yhuangkeji@163.com.
5.3 Cancellation
You may cancel a recurring subscription through the provider you authorized. If you turn off renewal, you retain access through the end of the paid period, when your account reverts to the free tier. The cancellation process will be no more burdensome than the subscription process.
5.4 Price Changes
We may change subscription prices from time to time. If we increase prices, we will notify you at least thirty (30) days in advance. Price changes will take effect at the start of your next renewal period.
5.5 No Refunds
Except as required by applicable law or the Membership & Credits Policy, all subscription fees are non-refundable. If you cancel during a billing period, you will not receive a refund for that period.
6. AI-Generated Content and Disclaimer
6.1 Nature of AI Output
The Service uses artificial intelligence algorithms to generate response suggestions. You acknowledge and agree that:
- AI-generated content may be inaccurate, inappropriate, contain biases, or be outdated due to the nature of the underlying training data and technology;
- We do not guarantee that AI-generated content will be error-free, complete, or suitable for your specific situation;
- AI-generated content is not professional advice (including medical, legal, financial, or psychological advice);
- Our filters may not block every inappropriate, offensive, or illegal output.
6.2 Your Responsibility
YOU BEAR SOLE RESPONSIBILITY FOR:
- Reviewing, editing, and approving any AI-generated suggestion before sending it;
- Ensuring that any message you send complies with applicable laws and respects the rights of others; and
- Any consequences arising from your use of AI-generated content.
6.3 Prohibited AI Misuse
You agree NOT to knowingly input prompts designed to manipulate, bypass, or subvert our content safety mechanisms, including but not limited to:
- Using variations, homophones, special characters, or coded language to generate illegal or sexually explicit content;
- Jailbreaking or prompt injection attacks; or
- Attempting to make the AI generate defamatory, harassing, or violent content.
7. Your Content and License
7.1 Ownership
You retain all ownership rights to any text, images, screenshots, chat logs, or other content you upload, submit, or otherwise make available through the Service (“Your Content”).
7.2 License to Company
By submitting Your Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, process, reproduce, display, and distribute Your Content solely for the purpose of operating, providing, improving, and developing the Service.
7.3 AI Model Training
We may use a portion of Your Content — including chat screenshots, prompts you submit, and AI-generated suggestions — to train, fine-tune, and improve the AI models that power the Service. Keyboard records of selecting a suggestion or initiating a send, when collected with authorization for reply usage analysis, are used for that analysis only. Before using Your Content for model training, we apply technical and organizational measures to remove or mask direct identifiers (such as names, phone numbers, and email addresses) and to reduce the risk of re-identification.
If you wish to opt out of having Your Content used for AI model training, please email us at yhuangkeji@163.com. You may opt out at any time, and opting out will not affect your ability to use the Service. Upon receiving your request, we will honor it for subsequent relevant training processing; it does not affect processing lawfully carried out before withdrawal. Deleting source content does not automatically reverse the effects of completed training on model parameters. Except where applicable law requires otherwise, we do not undertake to retrain or roll back models or individually eliminate existing training effects. Requests concerning source content or training samples that we still retain and can locate are handled under our Privacy Policy and applicable law.
We do not sell Your Content to third parties for training their separate AI models. If you reside in a U.S. state whose law treats AI-training use of personal information as a "sale" or "share," you may exercise your right to opt out by emailing us as described above.
Free or paid status does not, by itself, authorize model training. If a version of the Service offers training settings, the applicable use is limited to the purposes disclosed and the relevant authorization obtained. The opt-out rights described above apply to both free and paid users.
We require our third-party AI service providers to contractually commit that data submitted via our integration will not be used to train their general-purpose models except as expressly permitted under this Section.
7.4 Your Representations
You represent and warrant that:
- You own Your Content or have obtained all necessary rights, licenses, and consents to grant the license above;
- Your Content does not violate any third-party rights (including intellectual property, privacy, and publicity rights);
- If Your Content contains information about another person, including chat messages from that person, you have obtained the express, written consent of that person to share such information with us and to our subsequent collection, processing, and storage of such information;
- If Your Content includes creating a profile or card for another person, you have obtained that person’s explicit consent to process their information as described in these Terms and our Privacy Policy; and
- Your Content complies with all applicable laws and these Terms.
You acknowledge that failure to obtain such consent may expose you to civil and criminal liability under state and federal wiretapping laws, and that the Company reserves the right to report suspected illegal activity to law enforcement authorities.
7.5 Feedback
If you provide us with any suggestions, comments, or feedback regarding the Service (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, incorporate, and otherwise exploit such Feedback for any purpose without any obligation or compensation to you.
8. Intellectual Property Ownership
8.1 Our IP
The Service itself (including, but not limited to, all software, code, algorithms, user interfaces, graphics, logos, trademarks, and trade names) is owned by the Company or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.
You may not:
- Copy, modify, distribute, sell, or lease any part of the Service;
- Reverse engineer or attempt to extract the source code of the Service; or
- Use any of our trademarks or logos without our prior written consent.
8.2 No Implied Rights
Nothing in these Terms grants you any right, title, or interest in or to our intellectual property except the limited, revocable right to use the Service as expressly permitted herein.
9. DMCA Copyright Compliance
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on the Service, you may contact us by email to yhuangkeji@163.com.
You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your mailing address, telephone number, and if available, email address;
- a statement by you that you have a good faith belief that the use of the material on the Service is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
10. Account Deletion and Termination
10.1 Voluntary Deletion by You
Open My → User Settings → Delete Account. Before deleting your account, check any recurring payments with the provider that bills you. If you have an Apple subscription, cancel it separately in your Apple Account settings. Upon account deletion:
- Deleting your account does not cancel an Apple subscription. For WeChat Pay, check the recurring payment agreement in your wallet.
- All unused membership benefits on the deleted account (including Spark Credits and remaining subscription days) are immediately forfeited and non-recoverable; and
- Your content may be removed, subject to data retention requirements under applicable law.
10.2 Termination by Us
We may suspend or terminate your account immediately, without notice or liability, for any reason, including but not limited to:
- - Your breach of these Terms;
- - Conduct that we believe harms our brand, the Service, or other users; or
- - Upon request from law enforcement or other government agencies.
Upon termination, your right to use the Service will immediately cease, and we may delete your account and content.
10.3 Survival
Sections that by their nature should survive termination (including, but not limited to, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnity, and Dispute Resolution) shall survive any termination of these Terms.
11. Disclaimers
YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WE STRIVE TO MAINTAIN THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE SERVICE AT ALL TIMES.
WE DO NOT WARRANT THAT ANY AI-GENERATED CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR YOUR NEEDS. WE MAKE NO GUARANTEE OF ANY SOCIAL OR RELATIONSHIP OUTCOME, INCLUDING, BUT NOT LIMITED TO, RECEIVING REPLIES, SECURING DATES, OR SUCCESSFUL RELATIONSHIPS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.
12. Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE WITH RESPECT TO THE SERVICE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND USERS. YOU UNDERSTAND THAT THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CAP ON LIABILITY. WITHOUT LIMITING ANY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
This cap applies on an aggregate basis across all claims by you or any related persons or entities, and shall not be multiplied per claim, per cause of action, per claimant within a mass filing, or otherwise. The existence of multiple claims will not enlarge this cap. This limitation is a fundamental basis of the bargain between you and us and would not be provided without it.
Some jurisdictions do not allow the limitations in this section, so they may not apply to you. If you are a New Jersey resident, then the limitations herein specifically do apply to you.
13. Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify and hold us and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
14. Governing Law, Jurisdiction and Venue
Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by California law without regard to conflict of law provisions. Except as provided in Section 15, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in San Francisco County, California as the legal forum for any dispute between them.
15. Dispute Resolution
PLEASE READ THIS SECTION 15 CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Company agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If a dispute arises, our goal is to give you a neutral, cost-effective way to resolve it promptly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us by email at yhuangkeji@163.com or in writing to: Hangzhou Yanhuang Intelligent Technology Co., Ltd., Room 607, Building 17, No. 57, Kejiyuan Road, Baiyang Subdistrict, Qiantang District, Hangzhou City, Zhejiang Province, China
Before we file a claim against you, we agree to contact you at the email address associated with your Account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
15.1 GENERAL. YOU AND THE COMPANY AGREE TO RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF IT, INCLUDING THESE TERMS (collectively, "ARBITRAL CLAIMS"), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration. ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
15.2 ARBITRATION SERVICES AND RULES. Judicial Arbitration and Mediation Services ("JAMS") will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed ("JAMS Rules"). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com. The Company confirms that this arbitration agreement complies with JAMS’s Consumer Minimum Standards, including the requirement that the consumer’s share of arbitration fees is limited to no more than the equivalent filing fee in court.
15.3 FILING AND ARBITRATION FEES. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including arbitrator and hearing expenses. Except as explicitly provided herein, you are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
15.4 LOCATION OF ARBITRATION. If your claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. Regardless of the amount of your claim, any in-person hearing will be held in San Francisco, California, unless we mutually agree to another location. The informal dispute resolution phone or video conference described in JAMS rules does not constitute an in-person hearing for purposes of this provision.
15.5 SETTLEMENT AWARDS AND FEE REIMBURSEMENT. If you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point), then we will pay you the amount of the award or $5,000, whichever is greater. Also, if you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point) and the amount of the award is less than $5,000, we will reimburse you for your reasonable attorneys’ fees and costs.
15.6 EXCEPTIONS TO ARBITRAL CLAIMS. As an exception to this Section 15, you may assert claims on an individual basis, if they qualify under applicable rules, in Small Claims court. Also, either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section 15.
15.7 CLASS ACTION WAIVER. WE AND YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER WE NOR YOU WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER WE NOR YOU WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then such class action waiver shall be severed from this Agreement to Arbitrate, and the remainder of this Agreement to Arbitrate shall remain in full force and effect.
15.8 NO RIGHT TO JURY TRIAL. WE AND YOU ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
15.9 30 DAY OPT OUT RIGHT. You have the right to opt out of and not be bound by the arbitration and the class action waiver provisions set forth in this Section 15 by sending written notice of your decision to opt out by email to yhuangkeji@163.com.
For new users, the notice must be sent within 30 days of registering for the Service, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt out, you shall be bound to the terms in this Section 15. If you choose to opt-out, we also will not be bound.
15.10 CHANGES TO THIS SECTION. We will provide thirty (30) days’ notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from this Section, and the court or arbitrator shall apply the first Agreement to Dispute Resolution section in existence after you began using the Service.
15.11 MASS ARBITRATION PROTECTION. If twenty-five (25) or more similar Arbitral Claims are filed against us by or with the assistance of the same law firm, group of coordinated law firms, or jointly-represented claimants within a sixty (60)-day period (a "Mass Filing"), you and we agree that the following procedures will apply, notwithstanding any contrary JAMS rule:(a) Counsel for the parties shall in good faith attempt to organize the Mass Filing into batches of no more than fifty (50) individual Arbitral Claims per batch (the "Bellwether Cases"). The Bellwether Cases shall be selected from the demands by the parties in equal numbers (twenty-five (25) selected by claimants' counsel and twenty-five (25) selected by us).(b) Only the Bellwether Cases shall proceed to arbitration in the first instance. JAMS filing fees for non-Bellwether Arbitral Claims shall be tolled and shall not be assessed until the Bellwether Cases conclude.(c) Upon conclusion of the Bellwether Cases, the parties shall participate in a mandatory mediation, conducted by a single mediator selected from JAMS, regarding the remaining Arbitral Claims.(d) If the parties cannot resolve the remaining Arbitral Claims through mediation within sixty (60) days, the parties shall meet and confer regarding the appropriate next steps, which may include additional bellwether batches or other reasonable case-management procedures.(e) Any statutes of limitations or contractual filing deadlines applicable to non-Bellwether Arbitral Claims shall be tolled during the pendency of the Mass Filing process described in this Section.(f) A court of competent jurisdiction shall have authority to enforce this Mass Arbitration Procedure, including by enjoining the filing or prosecution of arbitrations not in compliance with this Section. The 30-Day Opt-Out Right above remains available to all claimants.
15.12 SURVIVAL. This section shall survive any termination of your Account or the Service.
16. Changes to the Service
We’re always working to improve the Service, so the Service may change from time to time. We might suspend or stop offering certain parts of the Service, add new features, set limits on features, or restrict access to some parts of the Service. When it’s practical, we’ll let you know about any material changes that might negatively affect you. We also reserve the right to throttle usage or implement rate limits as we deem it reasonably necessary to maintain security, performance, and quality of service for all users.
From time to time, we may offer beta or experimental features within the Service, whether called "Beta," "Experimental," or something else. These features may be available for a limited time and may change without advance notice. They might work differently or have fewer features than our regular offerings. You use beta and experimental features at your own risk. We are not responsible for bugs or unexpected results you encounter when using them. We may require you to agree to separate supplemental terms or policies for specific features, which will be presented to you for acceptance before you first use that feature.
17. Changes to These Terms
These Terms might need to change as we improve the Service. We can update the Terms at any time, but if we do, we’ll let you know by posting a notice on our website, sending you an email, or notifying you another way. If you don’t like the new Terms, you can reject them, but unfortunately that means you cannot continue enjoying the Service, but if you decide to leave, you can stop using the Service at any time. We explain in our Privacy Policy how we handle your information after you stop using the Service, along with the licenses described above. Your Content may take a little while to be completely removed from our platform.
If we make changes to these Terms and you continue using the Service after those changes take effect, that means you accept all the changes.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy, etc., constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior or contemporaneous agreements, communications, or understandings.
18.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The invalidity or unenforceability of any provision in any particular jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction or the validity or enforceability of any other provision in any jurisdiction.
18.3 No Waiver
No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company. No waiver of any breach of these Terms shall constitute a waiver of any subsequent breach.
18.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms in whole or in part without restriction.
18.5 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, labor disputes, internet service interruptions, or third-party service provider failures.
18.6 International Users / Local Mandatory Law
International Users and Local Mandatory Law. The Service is operated from the United States. If you access or use the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Where the laws of your country or region of residence grant you mandatory consumer, privacy, or other rights that cannot be waived by contract, nothing in these Terms shall limit those rights, and such mandatory provisions of local law shall prevail to the extent of any conflict with these Terms. The "Governing Law" and "Dispute Resolution" provisions above apply only to the maximum extent permitted by your local law; where pre-dispute arbitration agreements with consumers, choice-of-foreign-law clauses, or class action waivers are prohibited or unenforceable as applied to consumers in your jurisdiction, the affected provisions shall be deemed severed as to you, and disputes may be resolved in the competent courts of your habitual residence.
18.7 Contact Information
If you have any questions about these Terms, or to report a violation, please contact us at Hangzhou Yanhuang Intelligent Technology Co., Ltd., Room 607, Building 17, No. 57, Kejiyuan Road, Baiyang Subdistrict, Qiantang District, Hangzhou City, Zhejiang Province, China. Email: yhuangkeji@163.com.
We will respond to inquiries within fifteen (15) business days in most cases.
19. Acknowledgment
BY CREATING AN ACCOUNT, DOWNLOADING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 15.