Terms of Use Agreement

This Terms of Use Agreement ( "Agreement" ) applies to your access and use of the Website hicut.ai , and any of Company’s other websites on which a link to this Agreement appears (collectively, the "Website", the "Service") provided by Chongqing Fubixing Technology Co.,Ltd, its beneficiaries and affiliates ("HiCut ," "we" or "us"). By accessing, browsing, or otherwise using the Website, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement (including the mandatory arbitration clauses), please do not access or use the Service.

Please read this Agreement carefully as it contains important information about your legal rights, remedies, and obligations. While all of the terms in this Agreement are important, you should pay special attention to the disclaimers and our liability to you in Sections 9 & 10, and the indemnification provisions in Section 8.

If you violate any term or condition of this Agreement, we have the right to terminate your access to the Services immediately without notice.

If you have any questions about this Agreement or our Services, please contact us at [ hellofacemagicface@gmail.com ].

1. Eligibility

You must be at least 13 years old to access or use the Services. In some cases, this age may be higher due to local regulatory requirements. The Services are not directed to persons under the age of 13.

If you are under the age of 18 (or the age of majority where you live), but are over the age of 13, you may access or use our Services only with the consent and supervision of your parent or legal guardian who agrees to be bound by this Agreement. If you are the parent or legal guardian of a user under the age of 18 (or the age of majority where you live), you agree to be fully responsible for that user's acts or omissions in accessing and using the Services.

If you access or use our Services on behalf of another person, you represent that you have the authority to accept this Agreement on that person's behalf and that person agrees to be liable to us in the event that you or that other person breaches this Agreement.

Our Services are designed to meet the needs of individual users and are not intended for any corporate, commercial or business purposes; if you are a legal entity,or using the Services on behalf of a legal entity, please opt out of this Agreement and do not use the Services. If you are an individual, you may use our Services for your personal use only.

You are responsible for making all arrangements necessary for accessing and using the Services. You are responsible for your use of the Services through your account.

2. Privacy

Please refer to our Privacy Policy to learn how we collect, use and share your information.

3. User Content

Our Services may allow you and other users to transform and share content, including photos, images, graphics, videos and other materials (collectively, "User Content"). HiCut does not claim ownership of
1) the User Content you share on or through the Services, or
2) the User Content transformed through the Services that you save or share on or through the Services ("Transformed Content"). Subject to this Agreement and the Privacy Policy, you retain all rights to your User Content. You grant HiCut a non-exclusive, sublicensable, royalty-free, worldwide, fully paid-up license during the term of this Agreement to use, copy, temporarily cache, modify, adapt, create derivative works, distribute, perform and display your User Content solely for the purpose of providing you with the Services.

You acknowledge that portions of the Service are supported by advertising revenue and may display sponsored advertisements and promotions, and you hereby agree that HiCut may place such sponsored advertisements and promotions on the Service or as watermarks on the Converted Content. The manner, mode, and extent of such advertisements and promotions are subject to change without notice. Unless you are located in the UK or the EU, you acknowledge that we may not always be able to identify sponsored content or commercial communications. If you are located in the UK or the EU, you acknowledge and agree that all advertisements and promotions are by default considered sponsored content or commercial communications.

You are solely responsible for the User Content that you upload to the Service or otherwise make available to us or others through the Service, including by selecting, posting, publishing, or displaying it through the Service, or by SMS, email, or otherwise making it available to us or others. You represent and warrant that:
(i) you own or otherwise have the right to use the User Content;
(ii) you agree to pay all royalties, fees, and any other amounts owed for the User Content;
(iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.

HiCut is not a backup service, and you agree not to rely on the Service to backup or store User Content. You may not edit, save, publish, share or transform any User Content or Transformed Content that violates this Agreement or for which you do not have all the rights necessary to grant us the licenses above. To the maximum extent permitted by law, we have no obligation or ability to screen, edit or monitor User Content, and you are solely responsible for all User Content and Transformed Content that you edit, save, publish, share or transform through the Service. Notwithstanding the foregoing, HiCut reserves the right to investigate and take appropriate legal action against anyone who violates these Terms, including but not limited to suspending or terminating the subscription of such violators and reporting violators to law enforcement agencies. To the extent permitted by law, HiCut is not responsible for any modification, suspension or termination of the Service, and for the loss of any User Content or Transformed Content.

When transferring your User Content or Transformed Content to HiCut, you will comply with all relevant laws, regulations and policies applicable in your jurisdiction, including but not limited to applicable intellectual property and data protection and privacy laws.

You understand that the technical processing and transmission of the Service (including your User Content) may involve
(i) transmissions over various networks;
(ii) changes to conform and adapt to the technical requirements of connecting networks or devices.

4. Prohibited Conduct and Content

You shall not violate any applicable laws, breach any contract, infringe any intellectual property rights or other third-party rights or commit torturous acts, and shall be solely responsible for your conduct when accessing or using our services. You agree to strictly abide by the contents of this Agreement and relevant national laws, regulations and rules. When accessing or using the Services, you may not:

• engage in any harassing, threatening, intimidating, predatory or stalking behavior or any illegal/criminal activity, such as money laundering;
• transmit or publish speech that incites rebellion, undermines the implementation of the Constitution, laws, and administrative regulations of the European Union (or your jurisdiction), harms the national public interest, involves national security, incites subversion of the state power, undermines national unity; incites ethnic hatred, ethnic discrimination, and undermines national religious policies;
• use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
• incite or abet others to engage in conduct prohibited by this Agreement;
• use our Services in any manner that may interfere with, disrupt, negatively impact, or prevent other users from fully enjoying our Services or that may damage, disable, overload, or impair the functionality of our Services or the networks connected to our Services in any way;
• reverse engineer any aspect of our Services or perform any action that may discover source code or bypass or circumvent measures taken to prevent or restrict access to any part of the Services;
• Attempt to circumvent any content filtering technology we employ or attempt to access any Service features or areas that you are not authorized to access;
• Develop or use any third-party applications that interact with our Services, including any scripts designed to scrape or extract data from our Services, without our prior written consent;
• Display, mirror or frame our Services, or any individual elements of our Services, the company's name, any company's trademark, logo or other proprietary information, without our express written consent;
• Remove logos and watermarks, trademarks or any other protected marks;
• Use your own or any other third-party editing tools to further edit any photo or video bearing the HiCut logo and watermark, trademark or any other protected mark;
• Circumvent, remove, alter, deactivate, degrade or block any content protection or geographic restrictions on any content available through the Services, including through the use of virtual private networks;
• Attempt to gain unauthorized access to the Services, the servers hosting the Services, or any server, computer or database connected to the Site or Services.
• attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
• intentionally introduce any virus, trojan horse, worm, logic bomb or other material that is malicious or technologically harmful to the Services;
• use the Services for any illegal or unauthorized purpose, or engage in, encourage or facilitate any activity that violates this Agreement;
• gain unauthorized access to Service subscriptions, provide a third party with the possibility of unauthorized access to Service subscriptions (for example, by transferring access rights), or use any other method of using subscriptions that circumvents the payment system;
• transfer Service subscriptions purchased on the relevant app store for one type of compatible device to another type of device; or
• encourage, assist or allow any other party to do any of the above.

You may also only save, disclose, upload, convert or share non-confidential User Content or Converted Content, and you have all necessary rights to disclose, save, upload, convert or share. You may not upload, share, select, edit or transform any User Content or Transformed Content that:

• is unlawful, libelous, defamatory, obscene, pornographic, lewd, vulgar, pornographic, suggestive, harmful, abusive, harassing, threatening, tortious, discriminatory, excessively violent, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or otherwise creates liability or violates any local, state, national or international law;
• does or may infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual property or proprietary right (including right of publicity) of any party;
• contains or depicts any statements, comments or assertions that do not reflect your actual opinions and experiences;
• constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Contain any unsolicited promotion, political campaigning, advertising or solicitation;
• Contain any private or personal information of any third party without their consent;
• Contain any viruses or any other computer code, files or programs, corrupted data or other harmful, disruptive or destructive files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Such content, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying our Services, or may expose HiCut or others to any type of harm or liability.

5. Limited License; Copyright and Trademarks

Our Services and the text, graphics, images, photos, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters and other content contained therein (collectively, the "HiCut Content") are owned by or licensed to HiCut and are protected by the laws of the Republic of Cyprus, the European Union, and other international and foreign laws. Unless otherwise expressly provided in this Agreement, HiCut and our licensors reserve all rights to our Services and HiCut Content. During the term of this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and HiCut Content for your personal use only; however, such license is subject to this Agreement and does not include any of the following rights:
(a) sell, resell or commercially use our Services or HiCut Content;
(b) copy, reproduce, distribute, publicly perform or publicly display HiCut Content, unless expressly permitted by us or our licensors;
(c) modify HiCut Content (except as permitted by the Services), delete any proprietary notices or marks, or otherwise make any derivative use of our Services or HiCut Content, except as expressly provided in this Agreement;
(d) use any data mining, robots or similar data collection or extraction methods;
(e) use our Services or HiCut Content in any manner other than as expressly permitted in this Agreement. Any use of our Services or HiCut Content other than as expressly authorized in this Agreement without our prior written permission is strictly prohibited and will result in the automatic termination of the license granted under this Agreement. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices contained in or accompanying HiCut Content and/or Converted Content.

You are responsible for ensuring the security of the Applications installed on your device and your User Content and Converted Content, and for maintaining the confidentiality of any passwords and account details for the Applications or Services. You are also responsible for any and all activities conducted using your password or account or the Applications installed on your device. You agree to notify HiCut immediately of any unauthorized use of the Applications or your account or any other breach of security. To the extent permitted by law, HiCut is not liable for any loss or damage arising from your failure to comply with these Terms. You may delete the Application or reinstall the Application at any time.

HiCut is constantly improving its Services. Certain functions or features are provided temporarily or for testing purposes - Analyzing the use of the Servicessituation and improve user experience. HiCut reserves the right to modify, stop, replace or delete any service (including but not limited to beta services) temporarily or permanently at any time at its sole discretion without prior notice. You agree that HiCut shall not be liable to you or third parties for the modification, stop, replacement or deletion of any service.

Subscriptions to the Service can only be purchased through our Website by third-party payments (for example, PayPal). By agreeing to this Agreement, users who purchase subscriptions or otherwise pay for services agree to comply with the terms and conditions and/or end user license agreements (other legal agreements) reached with the relevant third-party payments.

The Services are not created for commercial use and are not intended for commercial use. Please note that any license or permission to use HiCut content or services, and your subscription are not transferable to any other person, and your subscription and the features provided by the Services are for personal use only and may not be used for commercial purposes. For clarity, commercial use refers to any use of the Services that involves financial transactions or facilitates the acquisition of financial benefits. For example, it is prohibited to use the Services to edit photos and videos to provide any services to third parties.

The HiCut name and logo are trademarks and service marks of HiCut (collectively, the "HiCut Trademarks"). Other company, product and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated or connected with HiCut. Nothing in this Agreement or the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any HiCut Trademark displayed on or through the Services, unless we have given you prior written permission.

6. Feedback

Any questions, comments, suggestions, ideas, original or creative materials, or other information (collectively, "Feedback") you submit regarding HiCut or our products or services are non-confidential, and we shall have no obligations (including, without limitation, confidentiality obligations) with respect to such Feedback. You hereby grant HiCut a fully paid-up, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, copy, perform, display, distribute, adapt, modify, reformat, create derivative works and exploit any and all Feedback in any manner, whether commercially or non-commercially, and to sublicense the foregoing rights for use in connection with the operation and maintenance of the Services and/or HiCut's business or for any other purpose determined by HiCut in its sole discretion.

7. Copyright Complaints

HiCut respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify HiCut of your infringement claim in accordance with the procedures described below. HiCut will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), the EU Digital Copyright Directive, and other applicable intellectual property laws with respect to any alleged or actual infringement.

If you believe that your work has been copied or used on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent (whose contact information is listed below) with all of the following information (in writing):
(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
(c) identification of the content that is claimed to be infringing or to be the subject of infringing activity and a description of where the material that you claim is infringing is located on the Services, with sufficient detail for us to locate it on the Services;
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the above information in your notification is accurate and (to the extent the DCMA applies to you, made under penalty of perjury) that you are the copyright owner or authorized to act on behalf of the owner of the copyright that is allegedly infringed. A notification must be in writing and contain the above information to be effective.

To the extent permitted by law, HiCut assumes no responsibility for the use and conversion of User Content by users of the Services. If User Content or Transformed Content infringes your copyright or other protected rights, you should contact the specific user and the Internet resource that posted this content. HiCut does not collect or store user data that could help find such violators.

8. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, compensate, defend and hold harmless HiCut, its beneficiaries, affiliates, and their respective officers, directors, agents, partners, and employees (individually and collectively, the "HiCut Parties") from any loss, liability, claim, demand, damage, expense, or cost ("Claim") arising out of or related to:
(a) your access or use of our Services other than as permitted by this Agreement;
(b) your User Content or Transformed Content or Feedback;
(c) your violation of this Agreement or applicable law;
(d) your infringement, misappropriation, or violation of any rights of another (including intellectual property or privacy rights). You agree to promptly notify the HiCut Parties of any such third-party Claim, cooperate with the HiCut Parties in the defense of such Claim, and pay all fees, costs, and expenses (including, but not limited to, reasonable attorneys' fees) associated with the defense of such Claim to the maximum extent permitted by law. You also agree that the HiCut Parties will control the defense or settlement of any third-party claim. Your obligations under this clause are in addition to, and not in lieu of, any other indemnification set forth in a written agreement between you and HiCut or other HiCut Parties.

9. Disclaimer

Consumers have certain rights under the law, and nothing in this Agreement can or is intended to limit or revoke those rights. We will not exclude or limit our liability to you for loss or damage unless it would be unlawful to do so.

We do not control, endorse or be responsible for any User Content or third-party content available on or linked to our Services.

We have taken all reasonable care in providing the Services. However, to the maximum extent permitted by applicable law, your use of our Services is at your own risk, and our Services are provided "as is" and "as available" without warranties or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchant ability, satisfactory quality, fitness for a particular purpose, title and non-infringement. In addition, although HiCut will do its best to avoid interruption or unavailability of the service, to the maximum extent permitted by law, HiCut does not represent or guarantee that our services are accurate, complete, reliable, uninterrupted, secure, up-to-date or error-free, nor does it represent or guarantee that the service will meet your requirements. Although HiCut will try its best to ensure your safe access and use of our services, we cannot and do not represent or guarantee that our services or servers are free of viruses, Trojans, worms, logic bombs or other malicious or technologically harmful materials. You bear the entire risk of service quality and performance.

The speed, capacity, size and duration of processing photo and video content are not limited and are within the technical capabilities of the service and within the scope of our protection measures to prevent abuse. In addition, the availability and features of the service may vary depending on your device, software and data network. We are constantly improving the functionality of the service, please stay tuned for updates.

10. Limitation of Liability

To the maximum extent permitted by law, neither HiCut nor any other HiCut Party shall be liable to you, whether based on contract, tort, negligence, breach of statutory duty, strict liability, warranty or otherwise, for: (A) indirect, consequential, exemplary, incidental, punitive or special damages; or (B) loss of profits, loss of business or revenue, contracts, use, opportunity or anticipated savings, or loss or damage to goodwill, data or software (in each case whether direct or indirect), even if HiCut or any other HiCut Party has been advised of the possibility of such damages.

In addition, HiCut and any other HiCut Party shall not be liable for any failure or delay caused by any circumstances beyond our reasonable control, including, but not limited to, governmental actions or acts of terrorism, epidemics, epidemics, earthquakes, fires, floods or other acts of God, labor conditions, power failures and Internet interference.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HiCut AND THE OTHER HiCut PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS OR USE OF OUR SERVICES, OR THE GREATER OF ONE HUNDRED EURO (€100).

The limitations set forth in this section will not limit or exclude our liability for fraud or fraudulent misrepresentation, death or personal injury caused by the gross negligence of HiCut or the other HiCut Parties, or for any other matter for which liability cannot be excluded or limited under applicable law. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. Release

To the maximum extent permitted by law, HiCut will in no event be liable for any content or materials of any third party (including users), including any errors or omissions in any content, or for any loss or damage of any kind arising from the use of such content. To the maximum extent permitted by law, HiCut excludes all warranties, undertakings and representations (express and implied) with respect to such content. You acknowledge and agree that, to the maximum extent permitted by law, HiCut does not pre-screen content, but HiCut and its designees have the right (but not the obligation) to refuse or remove any content available through the Service in their sole discretion. You agree that you must evaluate and bear all risks associated with the use of any content, including reliance on the accuracy, completeness or usefulness of such content.

The Service may provide links or other access to other websites and resources on the Internet. HiCut has no control over such websites and resources, and HiCut is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that HiCut is not 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 content, events, goods or services available on or through such websites or resources. Any transactions you conduct with third parties when using the Service are between you and the third party, and you agree that HiCut is not responsible for any losses or claims you may incur against such third parties.

To the maximum extent permitted by applicable law, you release HiCut and the other HiCut parties from any and all liability, obligations, claims, demands and/or damages (actual and consequential), known and unknown (including, but not limited to, claims for negligence) of every kind and nature arising out of or related to disputes between users and the acts or omissions of third parties.
You expressly waive any rights you may have under California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor," and any other statute or law principle that would otherwise limit the coverage of this release to only claims that you may know or suspect to exist in your favor at the time of agreeing to this release.