PawPic Service Agreement

Update Date: February 18, 2025

Effective Date: February 28, 2025

Welcome to use PawPic Service!

In order to use the relevant AI services provided by PawPic operated by Shanghai Benqu Network Technology Co., Ltd. (referred to as "Benqu" or "we" below), you should read and comply with the PawPic Service Agreement (hereinafter referred to as the "Agreement").

You are advised to read the entire contents of this Agreement carefully, especially the terms highlighted in bold font, which are (may be) materially related to your rights and interests (including the relevant agreement to exclude or limit the liability of the terms, the application of the law and dispute resolution, etc.), and please make sure that you read and fully understand the contents of each provision. The headings of the terms are only for the purpose of helping you to understand the subject matter of the terms, and do not affect or limit the meaning or interpretation of the terms of this Agreement.

The AI Service is part of the service provided to you by PawPic, and you are not authorized to use any PawPic Service unless you agree to this Agreement. Your behavior of logging in, opening or using the AI Service means that you have read and agreed to sign all the contents of this Agreement, and this Agreement will have legal effect between you and us and become a legal document binding on both parties. If you do not agree with the content of this Agreement, you should give up, stop using or actively cancel the AI Service.

1.Use of Services

1.1 Please confirm that before you start using this AI service, you should have the capacity for civil conduct that is appropriate to your behavior as stipulated by the laws of your country. If you do not have the aforesaid capacity for civil conduct that is compatible with your conduct, you shall obtain the informed consent of your guardian, and you and your guardian shall bear the corresponding responsibilities arising therefrom in accordance with the terms of the law. In particular, if you are a minor, please access and/or use this AI Service with the consent and guidance of your guardian.

1.2 This AI service is an AI synthesis service provided to users by PawPic based on the technical model service, the service mainly includes AI photo and other services that may be launched later and included in the scope of the AI service of PawPic, and depending on the function you choose, we may providedifferent services. You may upload your photos for AI generation, and the system will generate new content through post-production technology. “Your Uploaded Content” and ‘AI Generated Content’ are collectively referred to as ‘Your Content’. At the same time, we also provide you with information exchange services such as content sharing, dissemination and access, subject to the actual services we provide.

The AI Service is available only for your own use, and you have no right to transfer, sublicense, rent, borrow, or share any part of the AI Service contained herein in any way whatsoever to any party than you at any time. Your access to or use of the AI Service shall not infringe our rights or those of any third party. In the event of any conflict between this paragraph and other terms of this Agreement, this paragraph shall prevail.

1.4 Service Fee: Some of the AI services we offer are paid services, which operate on a pay-first, serve-later basis. The specific payment method is as follows: PawPic premium recharge.

Upon purchasing the PawPic premium service, you will gain access to exclusive premium content and features, with the specific benefits detailed on the relevant product interface.You understand and agree that the PawPic premium service is for your personal use only. You are not permitted to lend, lease, sell, transfer, or otherwise provide the PawPic premium benefits to any third party in any form. You also acknowledge and agree that the exclusive content and features provided within the PawPic premium service are solely for your personal use and must not be utilized for commercial purposes. When you confirm the purchase of PawPic premium, the associated fees will be charged from your relevant payment account, such as your Apple ID or Google account.

The specific charging mode shall be subject to the charging mode actually provided by us when you actually use the AI Services and purchase the AI Services; the specific service price shall be subject to the price actually announced by us which is currently in effect (except in the case that we have agreed with you otherwise). The fees you pay are the consideration for the network services corresponding to the services you have purchased, and are not in the nature of prepayment or deposits, or savings cards.Your use of our services is non-transferable or non-refundable (except in the event of a breach of contract, suchas when you are unable to use the services due to a material defect in our services, or as otherwise agreed in this Agreement, or when a refund is required by law or regulation, or when we believe, in our judgment, that a refund can be made).

1.5 We are always developing new technologies and functions to improve the user experience, and we will add new services, replace, adjust, and stop some existing services; At the same time, we may modify and change the charging model, charging standard and method of the service according to the actual operation situation, and we may also start charging for the service that is currently free to use. We will fulfill our notification obligations and provide relevant customer service support in accordance with the requirements of relevant laws and regulations, and if you have any questions, you can contact us through the contact information at the end of the agreement.

2.Restrictions on Use

2.1 You shall not utilize new technologies and applications such as deep learning, virtual reality, and generative artificial intelligence to create, upload, copy, transmit, or disseminate information content prohibited by laws and regulations, such as false news information, or falsely refer to synthetic content as natural content. When you publish or disseminate non-authentic information based on new technologies and applications such as deep learning, virtual reality, and generative artificial intelligence, you shall mark it in a conspicuous manner, otherwise we have the right to take measures against the relevant content and accounts, including but not limited to adding markups, restrictions, bans, etc.

2.2 We have made prominent markings on the generated content to indicate that the related information is probabilistically generated by an artificial intelligence model, and you shall not use technical means to delete, tamper with, or conceal the above-mentioned logos.

2.3 You understand and guarantee that your content (i.e., the content you input, generate, and publish) and other information shall comply with the Constitution, laws and administrative regulations, and you shall be responsible for the authenticity and legality of your content, and that you shall not use, produce or publish your content until you have obtained prior authorization or approval from the content rights holder or any third party, including, but not limited to other online platforms, pet owners, copyright holders and so on (hereinafter collectively referred to as the “Authorized Parties”). If you encounter any rights disputes or infringe upon the legitimate rights and interests of any third party while using such content, you shall bear full legal responsibility. You are prohibited from directly or indirectly using this AI service to generate, obtain, disseminate, or assist others in generating, obtaining, or disseminating the following information or content:

(1) Opposing the basic principles established by law;

(2) Endangering national unity, sovereignty and territorial integrity;

(3) Divulging state secrets, endangering national security, or harming national honor and interests;

(4) Inciting ethnic hatred or discrimination, undermining ethnic unity, or infringing upon ethnic customs and habits;

(5) Advocating cults or superstitions;

(6) Disrupting social order and undermining social stability;

(7) Disseminating false information;

(8) Advocating terrorism or extremism;

(9) Inducing others (especially minors) to break the law and commit crimes and exaggerating violent, pornographic, or gambling activities;

(10) Insulting or slandering others, infringing on citizens' personal reputation, portrait, privacy, intellectual property rights and other legitimate rights and interests;

(11) Jeopardizing social morality or harming the nation's excellent cultural traditions;

(12) Other violations of laws, regulations, policies, social order and moral customs, or interference with our normal operation and infringement of the legitimate rights and interests of any third party.

2.4 If you violate this Agreement, we have the right, at our sole discretion or as required by laws and policies, to elect in whole or in part without prior notice to you:

(1) Suspend or terminate your software license and stop the corresponding technical services, take measures including but not limited to restricting, freezing or terminating the use of PawPic and you shall bear the consequences of the services being unavailable.

(2)Content that violates the foregoing will be blocked and taken offline.

(3)Immediately stop generating or transmitting the information, take disposal measures such as elimination to prevent the information from spreading, keep relevant records, and report to the relevant competent authorities.

(4)Resort to administrative enforcement authorities or judicial organs to pursue corresponding legal responsibilities.

2.5 Please understand and warrant that when you use the AI Services, you shall not infringe upon the legitimate rights and interests of others (including but not limited to personality rights, reputation rights, privacy rights, copyrights, patent rights, trademark rights and other intellectual property rights and other rights and interests), and use AI-generated content (including but not limited to pictures, etc.) to engage in any defamatory, pornographic, or other illegal acts, or any violations of these terms. If you violate the above agreement, we have the right to take measures against you, such as warning, restricting functions, suspending or terminating services, etc., and if your use of this AI service in violation of the aforesaid agreement causes damage to the legitimate rights and interests of any third party, you will bear corresponding liabilities in accordance with the law. If we incur losses as a result, we have the right to hold you accountable.

2.6 If we find or receive reports or complaints from others that you have violated any of the terms of this Agreement, we have the right to deal with the relevant content at any time without notice and suspend or terminate the provision of relevant services depending on the circumstances of the behavior.

3. Intellectual Property Rights

3.1 Unless otherwise agreed or explicitly stated by us, the proprietary content we provide in this AI service (including but not limited to technology, software, programs, code, data, or other information such as user interfaces, web pages, text, images, graphics, audio, video, charts, colors, layouts, electronic documents, etc.), our logos, the name 'PawPic' and any associated text, graphics, combinations thereof, and other marks, symbols, product and service names, as well as their related intellectual property rights, belong solely to us. Without our prior written consent, you may not use or create any related derivative works in any form.

Furthermore, you are prohibited from using any robots, "spiders," or other programs or devices to monitor, copy, transmit, display, mirror, upload, download, modify, rent, or otherwise exploit the proprietary content provided by PawPic and this AI service. You are also prohibited from using such proprietary content to apply for intellectual property registrations, engage in secondary development, or conduct competitive business activities.

3.2 You shall not decompile, disassemble or otherwise reverse engineer any content in this AI Service in any form, or bypass the technical limitations of any Service.

3.3 You understand and promise that the content (including but not limited to text, images, video, audio and other forms of content and related data) that you post and upload when using this AI service are all original by you or have been legally authorized by the relevant right holders (including sublicense), and do not infringe upon anyone's legitimate rights and interests (including but not limited to intellectual property rights, ownership, right of reputation, right of name, right of portrait, right of privacy, commercial secrets, etc.), otherwise you will be responsible for any disputes or risks arising therefrom. In this process, the photos you uploaded will only be used for the service use under this Agreement, we only provide image processing services, will not extract identifying information, will not be used for identifying purposes, after the completion of the service, the system will automatically delete the above information, will not be retained.

3.4 We have all rights within the scope of laws and regulations to all data and information generated during the development and operation of the AI service.

4.Protection of Personal Information and Minors

4.1 Protection of personal information: (1) We will use your personal information in accordance with applicable laws and regulations and any relevant confidentiality and security provisions. (2) We strictly abide by laws and regulations to protect your personal information and use various security protection measures to ensure the security of your personal information within a reasonable level of security, so as to prevent information leakage, illegal collection and use. (3) If you have any questions or complaints about personal information protection issues, you can contact us. For details, please refer to the "PawPic Privacy Policy"

4.2 Protection of minors:

(1) If you are a minor, you should read and agree to this Agreement carefully under the supervision and guidance of your guardian and with the consent of the guardian before using this AI service. If you do not obtain the consent of your guardian, the guardian can notify us to deal with the relevant account by contacting the contact information at the end of this Agreement, and we have the right to restrict the function and use of the relevant services, including but not limited to browsing, posting of information, interactive communication and other functions.

(2) Minor users in the use of this AI service, should be under the supervision and guidance of the guardian, within a reasonable range of the correct learning to use the network, to pay attention to the distinction between the network and the reality, to avoid becoming addicted to the network, and to develop good habits of surfing the Internet; you should be good at online learning, do not browse undesirable information; to be honest and friendly exchanges, do not insult and defraud others; to enhance the sense of self-protection, do not arbitrarily date Internet users; to maintain network security and not disrupt network order; you should be physically and mentally healthy and not indulge in virtual time and space;

(3) In order to better protect the privacy rights of minors, we especially remind you to be careful about posting content that contains minors' material, and once you post it, it will be deemed that you have obtained the consent of the right holder to display minors' portraits, voices, and other information on the AI service, and to allow us to use and deal with the content related tominors in accordance with the Agreement.

(4) Minor users and their guardians understand and confirm that if you violate the laws and regulationsand this Agreement, you and your guardians shall bear all the legal liabilities caused or likely to be caused in accordance with the law.

(5) We attach importance to the protection of personal information of minors, minor users in filling out personal information, please strengthen the awareness ofpersonal protection and be careful and should obtain the consent of the guardian and under the guidance of the guardian the correct use of the AIservices. For the privacy protection of underage users, we will strictly follow the "PawPic Privacy Policy".

4.3 Special Notice for Guardians:

(1) If your ward uses this AI service, you as a guardian should guide and supervise your ward's use behavior, if your ward uses PawPic, we will have the right to assume that he/she has obtained your consent;

(2) your ward may use functions such as purchasingproducts or services when using this AI service. You, as a guardian, please keep your payment device, payment account and payment password, etc.to avoid your ward from using purchase and other consumption functionswithout your consent.

5.Commercial Promotion and Advertising

5.1 You understand and agree that we may conduct the following commercial activities through the products or services we provide: sending you commercial advertisements or other related commercial information about us or third partiesvia PawPic or other lawful means.

5.2 We specifically remind you that if the push notifications you receive pertainto third parties rather than us, for such information, after we fulfill our legal obligations regarding the release of advertising content, you should independentlyjudge the authenticity of the information and take responsibility for your own judgment. Except as expressly required by law, we shall not be liable for any loss or damage you suffer as a result of the content provided by such information.

6.Disclaimer

6.1 We provide this AI service to you on an "as-is" and "as-available" basis. While we fulfill our obligations as required by law, we shall not be held liable for damages caused by factors such as the maintenance of information network equipment, connection failures, computer, communication, or other system malfunctions, hacker activities, computer viruses, power outages, strikes, riots, fires, floods, storms, explosions, wars, government actions, orders from judicial or administrative authorities, or any third-party causes, except as explicitly required by law.

6.2 You acknowledge and understand that all content generated by this service is produced by an artificial intelligence model. We do not guarantee the authenticity, accuracy, completeness, timeliness, or functionality of the content generated by the AI. The content does not represent our attitudes or viewpoints.

You are responsible for carefully evaluating and verifying whether to rely on, publish, or otherwise use the content and information provided by this AI service, especially concerning any numerical data, timelines, or factual descriptions it contains, and you agree to assume the associated risks. You understand and agree not to rely on this AI service for advice or information in professional fields such as medical, legal, or financial matters. Any AI-generated content provided in these areas is for reference only and cannot substitute for advice from qualified professionals. This service is derived from legally permissible sources, including but not limited to publicly available internet information, and undergoes continuous automatic and manual filtering for sensitive data. However, some information may still contain flaws, be unreasonable, or cause discomfort. In such cases, we welcome and appreciate your supervision at any time through the means provided in our services. If you publicly disseminate content generated that is sensitive, irrational, or ambiguous in understanding, you will bear the corresponding legal responsibilities alone. Unless otherwise provided in these rules, we reserve the right to change, interrupt, or terminate the page at our commercial discretion. Except as otherwise provided in other rules published by us or in other documents signed with users, we assume no responsibility for corresponding changes, interruptions, or terminations.

6.3 We control and provide services through facilities located within the People's Republic of China. We do not guarantee that the services we control or provide are necessarily appropriate or feasible in other countries or regions. Users accessing our services from other jurisdictions must ensure compliance with local laws and regulations.

7.Violation of contract

7.1 You agree to safeguard and uphold the interests of us, our partners, and other users. The following circumstances shall be deemed as your breach of contract:

(1) Violation of relevant laws and regulations when using the PawPic;

(2) Violation of the terms of this agreement or any supplementary agreements to this agreement.

7.2 If the information you post on our products constitutes a breach of contract, we may immediately take measures such as deleting or blocking the relevantinformation in accordance with the applicable rules.

7.3 If your actions cause losses to us or our affiliated companies (including direct economic losses, reputational damage, and indirect economic losses such ascompensation, attorney fees, and litigation costs paid to third parties), you shallcompensate us or our affiliated companies for all such losses. If your actions result in claims by a third party against us or our affiliated companies, we or our affiliated companies may seek full compensation from you after fulfilling any monetary obligations to the third party.

8.Agreement Modification

8.1 To provide you with a better service experience, we are continuously striving to improve our services and technology. When there are changes to our new services and business processes, we may update this agreement and notify you of the changes through announcements, system messages, or other appropriate means, so that you can be promptly informed of the latest version of this agreement. If you do not agree with the changes, you should stop using this AI service from the effective date of the changes; if you continue to use this AI service after the changes take effect, it is considered that you agree to the changes that have taken effect.

9. Legal Jurisdiction

9.1 The conclusion, effectiveness, interpretation, revision, supplementation, termination, execution, and dispute resolution of this agreement shall all be governed by the laws of the People's Republic of China. In the absence of relevant legal provisions, general commercial practices and (or) industry practices shall be referred to.

9.2 Disputes arising out of or in connection with this Agreement, you may settle with us by way of friendly negotiation; if the negotiation fails, you and we agree to settle the dispute by the people's court with jurisdiction over the domicile of Shanghai Benqu Network Technology Co., Ltd.

10. Others

10.1 This Agreement is the legal agreement between you and us regarding your use of this AI service. The effective date of this agreement (including, but not limited to, any modifications, supplements to this agreement, etc., the same below) is subject to the date indicated in the preamble of the Agreement. If the Agreement does not specify an effective date, then the Agreement shall become effective upon the expiration of 7 days after it is launched.

10.2 If any particular provision of this Agreement is deemed invalid or unenforceable by any court or regulatory authority of competent jurisdiction, such determination shall be limited solely to the portion that is invalid or unenforceable, and shall not affect the remaining part of such particular provision or any other part of this Agreement, so that the rest of the Agreement remains in full force and effect.

10.3 If you have any questions or doubts about this Agreement and this AI service, please feel free to contact us at any time. We have provided you with multiple feedback channels and hope to provide you with a satisfactory solution:

Dedicated Email Channel: We have established a dedicated email address 【service@pawpicstudio.com】, through which you can contact us by sending an email to this mailbox.