Terms & conditions

Last updated on August 27, 2024

Effective from August 27, 2024

Please read these terms of use ("agreement") carefully before using the services offered by aoGen ("company"). by visiting the website and/or mobile app or using the services in any manner, you agree that you have read, understood and agree and accept to be bound by and a party to the terms and conditions of this agreement to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this agreement, you have no right to use the apps or services. use of company's services is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. if you do not agree to these terms of service, please do not use this website or the app.

You acknowledge and agree that we may amend the Agreement at any time by posting the relevant amended and restated Agreement on [aoGen.ai]. By continuing to use the Products after the posting of the amended and restated Agreement, you agree that the amended Agreement will apply to you.

Rights, features and functions available to you for any of the Service may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available in all countries and regions or for all users. We may in our sole discretion limit, deny or create different level of access to and use of any the Service (or any features comprised therein) with respect to different users.

We reserve the right to monitor your purchase or use of the Service any time as needed to verify your compliance with the Product Terms, in accordance with our Privacy Policy. You agree that you shall not block or interfere with our monitoring.

You agree, upon per request, to cooperate with us to identify and resolve any problems with the Service that we may reasonably believe to be attributable to you.

As a condition of your purchase and/or use of the Service, you agree that you will comply with all applicable laws and regulations for using the Service (including without limitation, any applicable data protection, import, re-import, export, strategic goods control, and re-export control laws, including any applicable license requirements, and international or country-specific sanctions programs). If we have reason to believe that any of your conduct violates the law, infringes or misappropriates the rights of any third party or is otherwise deceptive, fraudulent or misleading, We may at its sole discretion notify you of our awareness of such circumstances and may at its sole discretion take any relevant enforcement actions against you as deemed adequate and necessary in light of the circumstances, including but not limited to, requesting you to remove any unlawful content, disabling or suspending your right to use any Service, restricting your access to the Service, suspending or terminating your Account, etc.

1. Country refers to: United States
2. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to aoGen.

Who can use

Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [contact@aogen.ai].

You represent and warrant to Company that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law from accessing or using the services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Your Data Rights

Your browser or device can allow you to opt-out of data collection from cookies or similar technologies by setting your browser to refuse all or some of the web technologies (e.g., cookies) employed on the Sites. Please note that your experience using the Sites or the Services might be degraded, or certain functionalities may not work, if you opt-out to such collection.

If you wish to opt-out of our use of your contact information for our direct marketing purposes, you can click the "Unsubscribe" button located within the most recent marketing email you received from us, or contact us at 【contact@overseasplatform@mogic.ai】

Depending on where you are located, you may have additional rights to opt-out of certain uses of Personal Information, know what Personal Information we've collected, or request that we delete your Personal Information. Please review the JURISDICTION SPECIFIC NOTICES, below, to determine if these rights apply to you.

Data Security and Privacy Compliance

The Service may require the processing of personal data of your customers or employees. You agree that it is solely your responsibility to obtain authorization for the processing of such data under applicable law, including providing adequate privacy notices and obtaining any required consents to customers or employees. You represent and warrant to us that you have a legal basis for processing this data, including obtaining any required notices and consents, under any applicable law. You also represent that you will comply with any data protection laws and regulations, including but not limited to obtaining consents and rules relating to the cross-border transfer of personal data, which may be applicable in connection with your use of these Service.

We comply with the Virginia Consumer Data Protection Act (VCDPA) and other applicable U.S. federal and state laws. Your personal data is securely stored on servers located in Virginia, and we 7.3We work with you to protect your personal information and will endeavor to adopt technical measures or other security measures consistent with the Services to protect the security of your personal information as far as it is commercially reasonable. Notwithstanding the above, we cannot guarantee the security or confidentiality of any information you transmit on or through the network.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

1. Goods availability
2. Errors in the description or prices for Goods
3. Errors in Your Order

To ensure fairness and protect the normal operation of our services, we pay special attention to and will take measures against abnormal user behavior. If a user's conduct violates our terms of use or code of conduct, such as:

1. Attempting to manipulate membership status through improper means
2. Intentionally making repetitive cancellations to disrupt service operations
3. Exploiting system vulnerabilities to obtain or attempt to obtain undue benefitsViolation of the single-account user principle, reselling or sharing the account with multiple users

We reserve the right to immediately terminate or suspend their membership and/or right to use the services, and a refund may not be offered. We will assess the situation on a case-by-case basis and take necessary actions to ensure a fair and safe environment for all users.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order

Payments

Payment can be made through a valid card (credit cards or debit cards) and are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis either monthly or yearly. depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal by contacting us at [contact@aogen.ai] Or cancel on the dashboard. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

We have established different refund policies based on subscription type, regional laws, and account status.

EU or Turkey customers:If you reside in the EU or Turkey, you are eligible to cancel your subscription and receive a refund within 14-day of purchase, applicable to both monthly and annual subscriptions. Please specify in your refund request that you are applying for a refund under EU or Turkey regulations. If there are any irregularities with your account, aoGen customer service may require you to provide relevant proof when processing the refund request.

All other customers:

Monthly subscriptions: You can apply for a monthly refund within 24 hours after the initial purchase charge. Please state the reason for your refund request in your application.

Annual subscriptions: You can apply for a refund within 72 hours after the initial purchase charge. Please state the reason for your refund request in your application. No refunds will be granted for requests made after this period.

Although we strictly adhere to our policies, aoGen may not be able to fulfill your refund request if there are irregularities with your account. We strive to make our refund policy as fair as possible.

If you are eligible for a refund, we will process it and get back to you within 7-10 business days. However, please note that if you have previously received a refund for our services, we reserve the right to deny subsequent refund requests, and thus, the above policy will not apply to you. This policy is designed to prevent abuse of our refund system and ensure fair use of our services.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene

We only permit one account per user and if you try to create multiple accounts or violate our fair usage policy, we reserve the right to remove your data and ban & restrict your access to our service.

Account Freezing

Your account may be frozen or have some or all permissions and functions of your account limited under the following circumstances:

1. Violating the applicable laws, regulations, policies or legal documents of the state;
2. Suspension of account required by governing authorities;
3. (For the purpose of operating the Service and transaction security, if you have occurred or are likely to occur any activity that destroys or attempts to destroy the fair trading environment or the normal trading order of us and our affiliates, or any activity that contains our and our affiliates' name or brand which is suspicious of misleading others, or any activity that uses our and our affiliates' name or brand in both Chinese and English (full or abbreviated name), number or domain name is intended to indicate or map to be somehow related to us and our affiliates;
4. You are complained and the other party has provided relevant evidence, but you do not provide opposite evidence as requested by us;
5. We determine that there is abnormality in the operation of your account based on reasonable analysis;
6. The account ownership is disputed;
7. Violating this Agreement, the Rules and other relevant agreements;
8. Other circumstances of the same nature as the above activities or posing similar risk conditions as above occur to you, in our reasonable opinion.

Content

Your Right to Create or Post Content

Our Service allows You to generate and post Content. You are responsible for the Content that You generate using the AI Service, including its legality, reliability, and appropriateness.

By generating and posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You create, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not generate or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

1. Unlawful or promoting unlawful activity.
2. Automated article spinning & bot-like content generation
3. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
4. Restricted verticals such as substance/drugs use, adult services, etc.Spam, machine – or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
5. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
6. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
7. Impersonating any person or entity including the Company and its employees or representatives.
8. Violating the privacy of any third person.
9. False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content or use of app is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [contact@aogen.ai] and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A. Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law;
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Company's policy:
7. to remove or disable access to the infringing material;
8. to notify the content provider, member or user that it has removed or disabled access to the material; and
9. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider's, member's or user's access to the Services.C. Procedure to Supply a Counter-Notice to the Designated Agent:If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
10. A physical or electronic signature of the content provider, member or user;
11. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
12. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
13. Content provider's, member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
14. If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.

Intellectual Property

1. Ownership. The Software is licensed as explained above and not sold to you under this Agreement and you acknowledge that Wordtune and its licensors retain all title, ownership rights and Intellectual Property Rights in and to the Software. We reserve all rights not expressly granted herein to the Software.
2. aoGen Content. Except for the User Content (as defined in clause 5.3 below) the: (i) content on the Software, including, without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the "Materials"), (ii) the trademarks, service marks and logos contained therein ("Marks", and together with the Materials, the "aoGen Content"), are the property of aoGen and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "aoGen", and the aoGen logo are Marks of aoGen and its affiliates.
3. User Content and Use Derived Content. You are solely responsible for all interactions, text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Services and/or Software ("User Content") and the User Derived Content (as defined below).User Content and/or User Derived Content may include, among other things, mistakes, typos, wording, and text contained in the content or information transmitted by you. To the maximum extent permitted by law, aoGen shall have no liability to you with respect to the User Content and or the User Derived Content, including, without limitation, liability with respect to: (i) any information(including your confidential information) contained in or apparent from any User Content and/or the User Derived Content; and/or (ii) any copy right infringement claim or another infringement claim by a third party in relation to or in connection with the User Content and/or the User Derived Content. You warrant, represent and covenant that: (i) you own or have a valid and enforceable license and all the necessary rights to use, submit or transmit all User Content and use the Service and the Software; (ii) that no User Content or User Derived Content (as defined below) infringes, misappropriates or violates or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; (iii) all summaries, content or text derived or extracted from the User Content using the Summarization Service and/or Software("User Derived Content") shall be used by the User for personal use only; and (iv) the User shall not disseminate or distribute the User Content or User Derived Content in breach of any applicable law or third party's intellectual property rights or other rights. You acknowledge that the Services and the Software do not operate as an archive or file storage service. You are solely responsible for the backup of User Content and other safe guards appropriate for your needs. You retain all right, title, and interest in and to your User Content. To the maximum extent permitted by law, by uploading or entering any User Content, you give Wordtune (and those it works with) a nonexclusive, worldwide, royalty-free and fully-paid, transferable and sub-licensable, perpetual, and irrevocable license to copy, store and use your User Content in order to (i) provide the Software and Services; (ii) administer and make improvements to the Software and Services (including, to improve the algorithms underlying the Software and the Services); and (iii) collect and analyze anonymous information. To the extent that User Content contains any third party data, you hereby warrant to have obtained all required consents from such third party to allow aoGen to use the User Content as set forth above.
4. Feedback. If aoGen receives any feedback (e.g., questions, comments, suggestions or the like) regarding any of the Services and/or Software (collectively, "Feedback"), all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to aoGen and that such shall be considered aoGen's Confidential Information. You hereby irrevocably, fully and unconditionally transfer and assign to aoGen all Intellectual Property Rights and remaining rights you have in such Feedback, without any further step or payment being necessary, and waive any and all moral rights you may have in respect thereto, and the right to assert or take legal action in connection with such rights. It is further understood that use of Feedback, if any, may be made by aoGen at its sole discretion, and that aoGen in no way shall be obliged to make use of any kind of the Feedback or part thereof.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. This Agreement shall remain in full force and effect while you use the Services.

You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the App, and any Content will immediately cease. On termination of your account, the Company has the right to refund your transactions, or keep your funds on hold for a period of 180-day from the date of termination post which they can be released to your account. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Breach of Contract and Indemnity

If you breach this Agreement and/or other terms and conditions that you shall be subject to, we have the right to take reasonable actions in our sole discretion and as the case may be without prior notice, including but not limited to warning in advance, restricting, suspending or terminating your use of part or all functions of the Service, blocking or deleting the contents uploaded, transmitted or provided by you, restricting part or all functions of the account, freezing or closing account permanently, etc. In each case, you shall be solely liable for any consequence or loss resulted therefrom. We have the right to announce the handling result and decide whether to restore the relevant account based on the actual situation. We shall have the right to refuse to restore or return any deleted contents. With respect to suspected violations of laws, regulations or crimes, we shall keep relevant records, and have the right to report to competent authorities, cooperate with competent authorities for investigation and report to public security organs in accordance with the law.

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any and all claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Limitation of Liability

Notwithstanding anything to the contrary and to the fullest extent permissible by law, in no event shall either party, its affiliates, or any licensor or supplier of wordtune, be liable under, or otherwise in connection with, this agreement, for: (a) any consequential, indirect, special, incidental, or punitive damages; (b) any loss of profits, loss of business, loss of revenue, loss of anticipated savings, or wasted expenditure; (c) any loss of, or damage or interruption to, data, networks, information systems, reputation, or goodwill; and/or (d) the cost of procuring any substitute goods or services. to the maximum extent permited by law, the combined aggregate liability of wordtune and its affiliates under, or otherwise in connection with, this agreement, the software and the service shall not exceed the amount actually paid (if any) by you to wordtune under this agreement in the three (3) month period immediately preceding the date giving rise to liability. the foregoing exclusions and limitation shall apply: (a) to the maximum extent permitted by applicable law; (b) even if a party has been advised, or should have been aware, of the possibility of losses, damages, or costs; (c) even if any remedy in this agreement fails of its essential purpose; and (d) regardless of the theory or basis of liability, and whether in contract, tort (including without limitation for negligence or breach of statutory suty), misrepresentation, restitution,or otherwise.

Disclaimer

1. To the Maximum Extent Permitted by Law, You Acknowledge That the Service, the aoGen Content, and Any Other Goods And/or Services Provided or Made Available by aoGen Hereunder or Related Thereto (collectively, the "aoGen Materials") Are Provided on an "as Is" and "as Available" Basis, with All Faults, and Without Any Representation, Warranty, Guarantee, or Condition of Any Kind Whatsoever, Whether Express, Implied or Statutory, Including Without Limitation Any Implied Warranties or Conditions of Merchantability, Satisfactory Quality or Arising from a Course of Dealing, Law, Usage, or Regarding Security, Fitness for a Particular Purpose, Quiet Possession, Non-infringement, Title, Quiet Enjoyment, Reliability, or That Otherwise Arise from a Course of Performance or Dealing, or Usage of Trade, All of Which Are Hereby Disclaimed by aoGen, Its Suppliers, and Licensors.
2. To the Maximum Exten Bt Permitted by Law, aoGen and Its Licensors Do Not Make Any Representation, Warranty, Guarantee or Condition: (a) Regarding the Effectiveness, Usefulness, Reliability, Timeliness, Completeness, or Quality of aoGen Materials, the Services or the Software; (b) That Your Use of aoGen Materials, the Services or the Software Will Be Uninterrupted, Secure or Error-free; (c) Regarding the Operation of Any Networks, the Passing or Transmission of Data Via Any Networks or the Cloud, or Any Other Cellular Ordata Connectivity Problems; or (d) Regarding the Satisfaction Of, or Compliance With, Any Laws, Regulations, or Other Government or Industry Rules or Standards. We Do Not Warrant That the Content Available On, or Generated By, the Software or the Service is Accurate, Complete, Reliable, Current, Error-free And/or That the Service or the Software is Free of Viruses or Other Harmful Code. We Reserve the Right to Make Changes in or to the Content, the Software And/or the Services, or Any Part Thereof, Without Giving You Any Notice Prior to or After Making Such Changes. aoGen Will Not Be Liable or Obligated in Respect of Delays, Interruptions, Service Failures or Other Problems Inherent in Use of the Internet and Electronic Communications or for Issues Related to Public Networks or Hosting Providers.
3. You Are Advised Not to Rely in Any Way on the Correct Functioning or Performance of the Extension. You Assume All Risks and All Costs Associated with the Use of the Software or Service. You Agree That We Will Not Be Held Responsible for Any Consequences to You or Any Third Party That May Result from Your Use of the Services And/or for Any Technical Problems Including Without Limitation in Connection with the Internet (such As Slow Connections, Traffic Congestion or Overload of Our or Other Servers) or Any Telecommunications or Internet Providers.
4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

The software and its related technology may be subject to U.S. export control laws, including the Export Administration Regulations (EAR) and trade sanctions enforced by the Office of Foreign Assets Control (OFAC). You agree to comply with all applicable export laws and regulations.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30-Day is notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us at [contact@aogen.ai]

Additional information

Mogic(HK)Limited