User Agreement


Updated: August 22, 2024
Effective: August 22, 2024

Welcome to PhotoArt! In order to provide you with better services, please be sure to carefully read and understand all the rights and restrictions stipulated in this Agreement. Unless you fully accept the entire content of this Agreement, you have no right to register, log in, use (hereinafter collectively referred to as "use") this software, or use the services of this software in any way. If you use this software and related services, it is deemed that you have fully understood this Agreement and promised to accept the constraints of the Agreement as a party to this Agreement. If you are under the age of 18, please read and fully understand this Agreement in the company of your legal guardian, and use the software and related services after obtaining the consent of your legal guardian.

If you have any questions, comments or suggestions about the content of this Agreement, you can send an email to: inda9898@outlook.com to contact us.

I. Scope of Application
1. This Agreement is an agreement for you to download, install, register, log in, use this software, and obtain the related services provided by this software. We have the right to unilaterally decide to arrange or designate its affiliated companies, controlling companies, successor companies or third-party companies recognized by the company to continue to operate this software according to the needs of the software and related services or operations. In addition, some services involved in this Agreement may be provided to you by the company's affiliates, controlling companies, successor companies or third-party companies recognized by the company. You know and agree to accept the relevant service content, which is deemed to accept that the relevant rights and obligations are also subject to this Agreement.
2. "User" refers to all users who directly or indirectly obtain and use this software and related services, including natural persons, legal persons and other organizations. In this Agreement, it is called "user" or "you".

Special Tips
The "face-changing" effect presented by this software is a fictitious image achieved through the later AI face fusion technology based on the head photo submitted by you. The fictitious image can be similar to the naked eye, but it is not your real information. You shall not use the fictitious image for any purpose other than this software and related services provided by the company, otherwise, the relevant legal liabilities arising therefrom shall be borne by you.
When you use the face fusion effect, the photos obtained by this software after your authorization will be deleted after the facial features are processed, and the processed data does not contain your personal information.
When you use the cutout and face fusion effects, please make sure that the photos you use have been authorized by the person concerned. It is strictly forbidden to use photos without the person's authorization. If the unauthorized photos infringe on the portrait of others, the legal liability will be borne by the person concerned.

2. Use of this software and related services
1. You can use this software and related services to obtain the client application of this software through authorized third-party downloads and other methods. If you do not obtain this software from a third party authorized by this software, we cannot guarantee that the unofficial version of the software can be used normally, and the losses you suffer as a result have nothing to do with us.
2. This software may have developed different application software versions for different terminal devices. You should obtain, download, and install the appropriate version according to the actual device conditions.
3. You can use this software and related services or update this software version according to your own needs. If you no longer need to use this software and related services, you can uninstall it yourself.
4. In order to better improve user experience and services, this software will provide software updates or changes from time to time (including but not limited to software modifications, upgrades, function enhancements, development of new services, software replacements, etc.). In order to ensure the security of this software and related services and improve user services, after this software and related services are updated or some service content is updated, if possible, this software will prompt users in ways including but not limited to system prompts, announcements, station letters, etc. Users have the right to choose to accept the updated version or service. If the user does not accept, some functions will be restricted or cannot continue to be used.
5. Unless you obtain prior written authorization from this software, you may not make any unauthorized access or use of this software and related services in any form, including but not limited to adaptation, copying, dissemination, vertical search, mirroring or trading.
6. You understand that you need to prepare terminal devices (such as mobile phones, etc.) related to the software and related services by yourself when using this software and related services. Once you open this software in its terminal device, it is deemed that you use this software and related services. In order to fully realize all the functions of this software, you may need to connect its terminal device to the Internet. You understand that you will bear the required expenses (such as traffic fees, Internet access fees, etc.).
7. This software licenses you the right to use this software and related services legally, which is personal, revocable, non-transferable, non-exclusive and non-commercial. All other rights not expressly authorized in this agreement are still reserved by the company. You must obtain the written permission of this software separately when exercising these rights. At the same time, if the company does not exercise any of the aforementioned rights, it does not constitute a waiver of such rights.
8. Unless otherwise agreed, before you upload or edit content through this software, you agree or ensure that the right holder agrees to grant this software company and its affiliates permission to use your user content in the form of platform publishing, storage, management and protection for the purpose of providing platform services, optimizing products and publicity and promotion. If you wish to revoke the above authorization, please notify us through the public announcement of this agreement. We will do our best to use the above user content within a reasonable range, and your necessary authorization does not mean that this software must use the above information content, nor does it affect any legal use of the above content information by you.
9. If you find any content infringing your rights in this software, please immediately notify this software through the user feedback function in this software or the above email address, and provide preliminary evidence that you have relevant rights. The company will handle your complaint in a timely manner in accordance with local laws and regulations.
10. You know and agree that VIP membership services are online products and virtual products, which are charged first and then provided. The VIP membership fee is the price of the online products corresponding to the membership service you purchased, not a prepayment or deposit, down payment, savings card, etc. Once the VIP membership service is activated, it cannot be transferred or refunded (except for major defects in the VIP membership service that make it impossible for you to use it at all, or for refunds required by laws and regulations, or for refunds we believe are possible after judgment). In order to protect your user rights, please purchase membership through official channels. All virtual products and their derivative services obtained through unofficial channels are not protected, and we have the right to suspend or terminate your service; we do not need to be responsible for any losses caused to you.

III. User Personal Information Protection
1. We are committed to the protection of your personal information with you. Protecting user personal information is one of the basic principles of this software. In the process of using this software, you may need to provide your personal information so that we can provide you with better services and corresponding technical support. You understand and agree that this software has the right to obtain, use, store and share your personal information on the premise of complying with laws and regulations, this agreement and the "Privacy Policy".
2. This software will use encryption technology, anonymization processing and other technical measures that match this software and other security measures to protect your personal information, prevent your information from being improperly used or unauthorized access, use or leakage, and establish a sound management system for the above purposes.
3. Without your prior explicit authorization and consent, we will not share your personal information with any third party, except in the following circumstances:
(1) You share, transfer or disclose it to other companies, organizations and individuals on your own;
(2) It is directly related to national security, national defense security, public security, public health and public interests;
(3) It is disclosed or provided in accordance with the requirements of applicable laws and regulations, mandatory administrative and judicial requirements, or directly related to criminal investigation, prosecution, trial and judgment execution. Subject to the compliance with laws and regulations, when we receive the above-mentioned request for disclosure of information, we will require the other party to produce corresponding legal documents, such as subpoenas or investigation letters. We will carefully review all requests to ensure that they have a legal basis and are limited to data that administrative and judicial departments have the legal right to obtain for specific investigation purposes;
(4) To the extent permitted by laws and regulations, to safeguard the major legal rights and interests of other users of this software, the life and property of this software and its affiliates, or for the safe and stable operation of this software and related services, such as finding, preventing, handling illegal activities such as fraud and reducing credit risks (excluding the disclosure or provision of personal information for profit purposes in violation of the commitments made in the Privacy Policy);
(5) Collecting personal information from legally disclosed information, such as legal news reports, government information disclosure and other channels;
(6) Other circumstances stipulated by laws and regulations.
4. If this software contains links to information or other services (including websites) provided by third parties, you know and understand that the third party operating such services may ask you to provide personal information. We especially remind you to carefully read the user agreements, privacy policies and other relevant terms of such third parties, properly protect your personal information, and only provide it to such third parties when necessary. This Agreement (and other agreements and rules related to this Software, including but not limited to the Privacy Policy) does not apply to services provided by any third party. This Software does not bear any legal responsibility for any consequences that may arise from the use of personal information provided by you by a third party.

IV. User Behavior Standards
1. User Behavior Requirements
You shall be responsible for your use of this product and related services. Unless permitted by law or with the prior written permission of this software, you shall not use this software and related services in the following ways:
(1) Use any unauthorized or unlicensed plug-in, plug-in, system or third-party tool to interfere with, destroy, modify or otherwise affect the normal operation of this software and related services.
(2) Use or target this software and related services to conduct any behavior that endangers computer network security, including but not limited to:
① Illegal intrusion into other people's networks, interference with the normal functions of other people's networks, stealing network data and other activities that endanger network security;
② Providing programs and tools specifically used to engage in activities that endanger network security, such as intrusion into networks, interference with normal network functions and protective measures, stealing network data;
③ Knowing that others are engaged in activities that endanger network security, provide them with technical support, advertising promotion, payment settlement and other assistance;
④ Use unauthorized data or enter unauthorized servers/accounts;
⑤ Enter public computer networks or other people's computer systems without permission and delete, modify, or add stored information;
⑥ Attempt to explore, scan, test the weaknesses of this software system or network or other acts that undermine network security without permission;
⑦ Attempt to interfere with or disrupt the normal operation of this software system or website, deliberately spread malicious programs or viruses, and other acts that undermine and interfere with normal network information services;
⑧ Forge TCP/IP data packet names or partial names.
(3) Reverse engineer, reverse assemble, compile or otherwise attempt to discover the source code of this software.
(4) Other acts that violate laws and regulations, this Agreement, and relevant rules, and infringe upon the legitimate rights and interests of others.
If we discover or receive reports or complaints from others that users have violated the provisions of this Agreement, we have the right to review and delete the content of the reports and complaints, including but not limited to user information and chat records, at any time without notice, and impose penalties on the violating accounts, including but not limited to warnings, account bans, device bans, and function bans, depending on the severity of the circumstances, and notify the user of the results of the handling.
2. You can upload, publish or disseminate relevant content through this software, including but not limited to avatar photos, text, pictures, videos, audio, links, and all components such as music, sound, lines, visual design, dialogue, etc. (hereinafter referred to as "Content"). Users using this software and related services should consciously abide by the Constitution, laws, regulations, public order, and respect social morality, the socialist system, national interests, citizens' legitimate rights and interests, moral customs, and information authenticity. Users may not use this software and related services to record, produce, copy, upload, publish, or disseminate information containing the following content:
(1) Opposing the basic principles established by the Constitution;
(2) Endangering national security and leaking state secrets;
(3) Subverting the state power, overthrowing the socialist system, inciting secession, and undermining national unity;
(4) Damaging the honor and interests of the state;
(5) Promoting terrorism and extremism;
(6) Promoting ethnic hatred and discrimination and undermining national unity;
(7) Inciting regional discrimination and hatred;
(8) Undermining the state's religious policies and promoting cults and superstitions;
(9) Fabricating and spreading rumors and false information, disrupting economic and social order, and undermining social stability;
(10) Spreading and disseminating violence, obscenity, pornography, gambling, murder, terror, or abetting crimes;
(11) Infringing the legitimate rights and interests of minors or damaging the physical and mental health of minors;
(12) Taking photos or recording others without their permission , infringing upon the legitimate rights of others;
(13) containing content that is horrific, violent, bloody, highly dangerous, or harmful to the physical and mental health of the performer or others;
(14) endangering network security, using the network to endanger national security, honor and interests;
(15) insulting or slandering others, infringing upon the legitimate rights and interests of others;
(16) intimidating or threatening others with violence, or conducting human flesh searches;
(17) involving the privacy, personal information or data of others;
(18) spreading obscene words and damaging social public order and morality;
(19) infringing upon the legitimate rights and interests of others, such as privacy, reputation, portrait rights, intellectual property rights, etc.;
(20) spreading commercial advertisements, or similar commercial solicitation information, excessive marketing information and spam;
(21) using other languages and characters for comments other than the commonly used languages and characters on this website;
(22) other information that violates laws, regulations, policies and public order and morality, interferes with the normal operation of this software, or infringes upon the legitimate rights and interests of other users or third parties. 3. The content you upload, publish, and disseminate must comply with the "Regulations on the Management of Online Audio and Video Information Services" and relevant laws and regulations. You may not use new technologies and applications based on deep learning, virtual reality, etc. to produce, publish, and disseminate false news information. When you publish or disseminate non-real audio and video information produced using new technologies and applications based on deep learning, virtual reality, etc., you should mark it in a prominent manner.
You shall bear full responsibility for the content you upload, publish, or disseminate, and the company shall only bear corresponding responsibilities when the law clearly stipulates. If a third party claims rights to this software due to content uploaded by users, this software has the right to directly take necessary measures such as deletion, blocking, and disconnection without prior notice to the content provider or uploader.

5. Data Usage Specifications
Without the written permission of the Company, users shall not, by themselves or authorize, allow or assist any third party to conduct the following acts on the information content in this software and related services:
1. Copy, read or use the information content of this software and related services for commercial purposes including but not limited to publicity, increasing reading volume and page views;
2. Edit, organize or compile the information content of this software and related services without authorization and then display it in channels other than the source page of this software and related services;
3. Use any form of identification method including but not limited to special logos and special codes to, by themselves or assist a third party, generate adverse effects such as traffic flow, reading volume guidance, transfer or hijacking on the information or content of this software and related services;
4. Other acts of illegally obtaining the information content of this software and related services.

VI. Breach of Contract
1. We have the right to independently judge and take measures such as early warning, restriction of some or all functions of the account, and even permanent closure of the account in response to your violation of this Agreement or other terms of service. We will keep relevant records of suspected violations of laws and regulations and suspected crimes, and report to the relevant competent authorities in accordance with the law and cooperate with the relevant competent authorities in investigation. The company has the right not to return the deleted content.
2. If you violate this Agreement or other terms of service and cause third-party complaints or litigation claims, you shall bear all legal responsibilities. If we and its affiliates and controlling companies compensate any third party or suffer penalties from state organs due to your illegal or breach of contract behavior, you shall also fully compensate us and its affiliates and controlling companies for all losses suffered as a result.
3. This software respects and protects the intellectual property rights, reputation rights, name rights, privacy rights and other legal rights of legal persons and citizens. You guarantee that the texts, videos, pictures, etc. uploaded when using this software and related services do not infringe on the intellectual property rights, reputation rights, name rights, privacy rights and other rights and legal rights of any third party. Otherwise, the company has the right to remove the suspected infringing content upon receiving a notice from the right holder or relevant party. You shall bear all legal responsibilities for all claims made by third parties; if your infringement causes losses to this software, our company and its affiliates, and the controlling company (including economic and goodwill losses), you shall also fully compensate us and its affiliates and the controlling company for all losses suffered.

VII. Change, interruption and termination of services
1. You understand and agree that the software and related services we provide are provided in accordance with the current status quo that can be achieved with existing technology and conditions. We will do our best to provide you with services to ensure the continuity and security of the services. You understand that this software cannot foresee and prevent technical and other risks at any time, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, third-party service defects and other security issues that may cause service interruptions, data loss and other losses and risks.
2. You understand and agree that this software has the right to modify, interrupt, suspend or terminate this software and related services after the announcement for the needs of the overall operation of the service, without being responsible to the user or assuming any compensation liability.

VIII. Advertisement
1. During your use of this software and related services, you fully understand and agree that: this service may include information, advertising or brand promotion services launched by this software for individuals or enterprises. You agree that this software and our company have the right to display commercial advertisements, promotions or information (including commercial or non-commercial information) related to this software and related services and/or third-party suppliers and partners in this software and related services.
2. If you do not agree with the advertisement, you have the right to choose to close the advertisement information; if this software pushes notification services, you have the right to close the service or stop using this software and related services.
3. We perform advertising and promotion related obligations in accordance with legal provisions. You shall judge the authenticity and reliability of the advertisement or promotion information and be responsible for your own judgment. Except as expressly provided by laws and regulations, the purchase, transaction or damage or loss you suffer due to the advertisement or promotion information or the aforementioned content shall be borne by the user, and we shall not be liable.

IX. Intellectual Property
1. The intellectual property rights of the content provided in this software and related services (including but not limited to software, technology, programs, web pages, text, pictures, images, audio, video, charts, layout design, electronic documents, etc.) belong to this software and our company. The copyright, patent rights and other intellectual property rights of the software we rely on when providing this service belong to our company. Without our permission, no one may use it without authorization (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, downloading the content in this software and related services through any robot, spider or other program or device).
2. We provide technical support for development and operation, and have full rights to all data and information generated during the development and operation of this software and related services.
3. Please do not use any trademarks, service marks, trade names, domain names, website names or other significant brand features of this software, including but not limited to this software, etc. (hereinafter collectively referred to as "logos") without permission under any circumstances. Without prior written consent, you may not display, use, or apply for trademark registration, domain name registration, etc. of the aforementioned logos in any way, either alone or in combination, nor may you expressly or implicitly indicate to others that you have the right to display, use, or otherwise handle these logos. You shall bear all legal responsibilities for any losses caused to this software or others due to your violation of this agreement by using the aforementioned trademarks, logos, etc.

10. Disclaimer
1. You understand and agree that this software and related services may be affected or interfered by various factors, and this software does not guarantee (including but not limited to):
(1) This software is fully suitable for the user's use requirements;
(2) This software is not interfered with, timely, safe, reliable or error-free; any software, services or other materials obtained by the user through this software meet the user's expectations;
(3) Any errors in the software will be corrected.
2. The user understands and agrees that in the process of using this software and related services, you may encounter factors such as force majeure (force majeure refers to objective events that cannot be foreseen, overcome or avoided), including but not limited to government actions, natural disasters, network reasons, hacker attacks, wars or any other similar events. In the event of force majeure, this software will strive to repair it in time as soon as possible, but the user agrees that this software will not be responsible for losses caused to the user by force majeure.
3. This software obtains the right to deal with illegal and illegal content in accordance with the provisions of this agreement. This right does not constitute an obligation or commitment of this software. This software cannot guarantee timely discovery of illegal acts or corresponding handling.
4. The user reads, understands and agrees: Regarding the services of this agreement, this software does not provide any kind of express or implied warranty or condition, including but not limited to commercial merchantability, fitness for a specific purpose, etc. You must bear the corresponding risks for your use of the software and related services of this agreement.
5. The user reads, understands and agrees that this agreement is to ensure compliance with national laws and regulations, maintain public order and good customs, and protect the legitimate rights and interests of others. This software makes every effort to make judgments in accordance with relevant laws and regulations within its capabilities, but does not guarantee that the judgment of this software is completely consistent with the judgment of judicial and administrative agencies. If the consequences arise, the user has understood and agreed to bear them.

XI. Terms of use for minors
1. If the user is a minor under the age of 18, he/she should read this agreement and use this software and related services under the supervision, guidance and consent of the guardian.
2. This software attaches importance to the protection of personal information of minors. When minors fill in personal information, please strengthen personal protection awareness and treat it with caution. Please use this software and related services correctly under the guidance of the guardian.
3. Minor users understand that if you violate laws and regulations and the contents of this Agreement, you and your guardian shall bear all the consequences resulting therefrom in accordance with the law.
4. Special tips for minor users:
(1) Teenagers using this software and related services should learn to use the Internet correctly within a reasonable range under the supervision and guidance of their guardians, avoid being addicted to the virtual network space, and develop good Internet habits.
(2) Teenager users must comply with the following:
① Be good at online learning and do not browse bad information;
② Be honest and friendly in communication and do not insult or defraud others;
③ Enhance self-protection awareness and do not date netizens casually;
④ Maintain network security and do not disrupt network order;
⑤ Be beneficial to physical and mental health and do not indulge in virtual time and space.

XII. Others
1. The relevant terms in this Agreement will continue to be improved and continuously improved and adjusted during the software testing and external release process. We will publish the improved terms in an appropriate manner and proactively notify you to review them. Once the aforementioned improved terms are officially released, they will become an integral part of this Agreement and have the same legal effect as this Agreement. After this Agreement is improved, if you continue to use this software, it will be deemed that you recognize and accept the modified terms of the Agreement. If you have any objections to the modified terms, please stop using this software immediately.
2. The titles in this Agreement are for convenience and reading only and do not affect the meaning or interpretation of any provisions in this Agreement.
3. You and this software are independent entities. Under no circumstances does this Agreement constitute any form of express or implied warranty or condition of this software to the user, and there is no agency, partnership, joint venture or employment relationship between the two parties.
4. The copyright of this Agreement belongs to this software, and this software reserves all rights of interpretation and modification.