Terms of Service

1. Your Relationship With Us

Welcome to EVA (the “Platform”)! You may use EVA to build [bot or software]chatbot, agent, workflow and so on. EVA is provided by Zhuhai AutoArk Intelligent Technology Co., Ltd. [Zhuhai AutoArk Technology Co., Ltd.]****(珠海无界方舟智能技术有限公司) or one of its affiliates (“AutoArk”, “we” “us”, “our”). For purposes of these Terms, “you” and “your” means you as the user of the Services.

Terms of Service (these “Terms”) govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, applications, products, services, software, tools, setting techniques, content and documentation (collectively, the “Services”).

We may publish operating rules, policies, guidelines and procedures from time to time, which are incorporated herein by reference. We make no warranty that the Services, in full or in part, are available or will continue to be available in any jurisdiction. The functions or features of the Services may also vary in different jurisdictions.

These Terms form a legally binding agreement between you and us. Please take the time to read them carefully. CLAUSES EXEMPTING OR LIMITING LIABILITY AND OTHER IMPORTANT CONTENT WILL BE DRAWN TO YOUR ATTENTION IN ALL CAPITAL LETTERS, AND YOU SHOULD FOCUS ON READING THEM.

If you do not agree to these Terms, it will result in our inability to provide you with complete Services, and you may also choose to stop using them. IF YOU VOLUNTARILY CHOOSE TO AGREE TO OR USE THE SERVICES, IT WILL BE DEEMED THAT YOU HAVE FULLY UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND OTHER RELATED AGREEMENTS AND RULES (INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY AND DATA PROCESSING ADDENDUM), THE TERMS OF WHICH CAN BE DIRECTLY FOUND ON THE PLATFORM. AT THE SAME TIME, WE MAY FROM TIME TO TIME RELEASE OPERATING RULES, POLICIES, GUIDELINES, AND PROCEDURES, ALL OF WHICH ARE PART OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND OTHER RELATED AGREEMENTS AND RULES, YOU SHALL NOT ACCESS OR USE THE SERVICES.

If you have any questions, opinions, or suggestions about these Terms, you may contact us through the feedback and complaint portal of the Services.

You may stop using the Services at any time, although we will regret this. We may also stop providing the Services to you at any time or add or set new restrictions on this service at any time.

You understand and agree that to use the Services, you need to prepare relevant terminal devices (such as computers, mobile phones, etc.) by yourself. Once you access the Services through terminal devices, it will be deemed that you are using the Services. To fully realize all the functions of the Services, you may need to connect your terminal devices to the Internet. You understand that you should bear the necessary costs (such as data charges, Internet access fees, etc.).

2. Accepting these Terms

By accessing or using our Services, you confirm that you can enter into a binding contract with AutoArk, and that you accept these Terms and agree to comply with them. Your access to and use of the Services is also subject to our Privacy Policy and Data Protection Addendum, the terms of which can be found directly on the Platform. By using the Services, you also agree to be bound by our Privacy Policy and Data Protection Addendum. If you do not agree to these Terms, you must not access or use the Services.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” include you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including without limitation any employees, agents or contractors. You accept these Terms by accessing or using the Services. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms.

3. Changes to these Terms

We reserve the right, in our sole discretion, to modify these Terms of Service at any time. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform. However, you should look at these Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the effective date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

4. Your Account with Us

4.1 In order to use the Services, you must register and log in with an account ("Account"). The Account is registered using an email address and phone number, and we will create an Account for you based on the registration information you provide. Please use an[email address and phone number] that has not been associated with any Account and has not been banned by us under these Terms for registration. We reserve the right to change the registration and binding methods of Accounts according to your needs or product requirements without prior notice to you. If the Account has a history of being banned by us, or if it is suspected of being falsely registered or registered in the name of others without permission, and other unauthorized circumstances, we have the right to reject your registration application.

4.2 If you register, log in, and use the Services on behalf of a company, organization, or other entity rather than as an individual, you will be deemed to have obtained sufficient authorization to represent that entity in agreeing to the terms of these Terms and any amendments to these terms from time to time.

4.3 The Services may periodically offer different functionalities, and the use of each functionality and its limitations will be subject to specific business rules applicable to that functionality. We have the right to establish and periodically revise these specific business rules, and to publicize them. Your use or continued use of such functionalities shall be deemed as your agreement and acceptance of these rules and their revisions.

4.4 The ownership of the Account belongs to us. After you complete the registration procedures, you only obtain the right to use the Account, and this right of use is limited to the person who applied for the registration. The Account applicant shall not provide the right to use the Account to any third party in any way, whether for a fee or free of charge, including but not limited to transferring, gifting, renting, lending, licensing, or selling the Account. If the Account applicant violates the above agreement, any consequences or liabilities arising therefrom shall be borne by them, and if any loss is caused to us, they shall provide full compensation. We reserve the right to suspend the use of the Account or to reclaim the right to use the Account.

4.5 You should properly safeguard your Account and/or the [email address and phone number] associated with the Account. Accurate input of such information will be a key step for you to access, log in, and use the Services. You acknowledge and agree that any actions taken under your Account will be deemed as actions taken by you or with your lawful authorization, and you will bear all legal consequences. If you discover that someone is using your Account without authorization, you should immediately report it to us; otherwise, any unauthorized use will be regarded as your own action. Notwithstanding the foregoing, under no circumstances shall we be liable for any losses or damages you may suffer due to errors, loss, theft of your Account or login information, or other circumstances resulting from your failure to ensure the security of your Account information.

4.6 You hereby grant us the relevant rights to protect the security of your Account. We may periodically or irregularly use different methods to check and verify the security of your Account's use, including but not limited to proactively contacting you for [identity verification, email verification]. If you are unable to complete the verification or refuse the verification without justifiable reasons, we may reasonably suspect that your Account has anomalies or has been stolen, and we may suspend the provision of services to that Account or take further measures.

5. Your Access to and Use of the Services

Artificial intelligence and machine learning are dynamic and continuously advancing. By agreeing to these terms, you recognize the inherent limitations of AI-generated output and accept responsibility for its application and interpretation within your context. Our commitment is to incessantly refine our Services, enhancing their precision, dependability, safety, and overall value. However, due to the inherent probabilistic nature of machine learning algorithms, our Services might occasionally generate outputs that do not precisely depict actual individuals, locations, or factual data. By utilizing our Services, you acknowledge and agree to the following:

• Variable Accuracy of Output: The output derived from our Services may not always be accurate. It is crucial not to use this output as the only basis for decision-making or as a replacement for specialized advice. The output should not be solely relied upon for critical factual information.

• Responsibility to Assess Output: You bear the responsibility to assess the accuracy and suitability of the output for your specific needs. This includes conducting a human review, where necessary, prior to the application or dissemination of the output from our Services.

• Prohibited Use of Output: You are prohibited from using any output related to an individual for purposes that could significantly affect that person. This includes, but is not limited to, decisions related to credit, education, employment, housing, insurance, legal matters, medical decisions, or other substantial determinations.

• Nature of Output: Our Services may occasionally produce output that is incomplete, incorrect, or potentially offensive, which should not be interpreted as reflective of our views or positions. Additionally, any reference to third-party products or services within the output does not imply endorsement or affiliation with us.

  YOUR BOT USAGE, API, AND ANY PLUGIN RESPONSE (AS DEFINED BELOW IN SECTION 6) MUST ADHERE TO THE LAWS, ADMINISTRATIVE REGULATIONS, AND PUBLIC ORDER, AND MUST NOT ENGAGE IN ANY OF THE FOLLOWING BEHAVIOR:

  (1) Opposing the basic principles established by the Constitution;
  (2) Endangering national security or interests, or disclosing state secrets;
  (3) Subverting state power, overthrowing the socialist system, harming the nation’s image, inciting secession, or undermining national unity and social stability;
  (4) Damaging the nation’s honor or interests;
  (5) Promoting terrorism or extremism;
  (6) Advocating ethnic hatred or undermining national solidarity;
  (7) Promoting discrimination or hatred, and exploiting any vulnerability of a specific group—based on age, social, physical, or mental characteristics—to materially distort the behavior of persons belonging to that group, thereby causing or likely causing physical or psychological harm to that person or another. This includes, but is not limited to, discrimination based on ethnicity, race, religion, nationality, gender, sexual orientation, age, occupation, health status, or region;
  (8) Engaging in or facilitating illegal or high-risk activities such as military operations or warfare, weapons development, explosives or dangerous materials, management or operation of critical infrastructure (e.g., transportation, energy), creation or distribution of controlled substances or services, generating or disseminating information related to self-harm, or activities with a high risk of economic harm, including gambling, automated credit-worthiness determinations, employment or education decisions, or high-risk governmental decisions (e.g., law-enforcement actions);
  (9) Undermining national religious policies or promoting cults or feudal superstitions;
  (10) Fabricating or spreading rumors, false or misleading information that disrupts economic or social order and undermines social stability. Examples include engaging in, or using the Service to conduct, fraud, scams, misrepresentation, or deceptive practices such as presenting chatbot-generated answers as human-created content, plagiarism, or academic dishonesty;
  (11) Disseminating, promoting, or glorifying violence, obscenity, pornography, explicit sexual content, gambling, homicide, terrorism, or instigating crime;
  (12) Exploiting, harming, or attempting to exploit or harm minors, undermining their physical or mental health, or infringing upon their lawful rights and interests;
  (13) Insulting, defaming, offending, harassing, abusing, provoking, bullying, or attempting to control another person, or intimidating, threatening, harming, injuring, frightening, distressing, embarrassing, or otherwise unsettling others;
  (14) Threatening or intimidating others with violence, or engaging in doxxing;
  (15) Involving others’ privacy, personal information, or data, such as unlawfully collecting or disclosing personally identifiable information or protected records—including addresses, telephone numbers, email addresses, personal identification numbers or characteristics (e.g., Social Security, passport, or national ID numbers), or credit-card numbers;
  (16) Disseminating profanity that harms social morals or public order;
  (17) Violating business ethics, infringing upon trade secrets, privacy, reputation, honor, portrait rights, intellectual-property rights, trade-control regulations, or other lawful rights and interests;
  (18) Distributing advertisements, similar commercial solicitations, excessive marketing, spam, promotional materials, or any other unauthorized or unsolicited messages;
  (19) Processing or using sensitive data;
  (20) Being entirely unrelated to the information commented upon;
  (21) Posting meaningless content or deliberately using character combinations to evade technical review;
  (22) Recording or photographing others without their consent and thereby infringing upon their lawful rights.

  (23) Containing content that is terror-related, violent and gory, highly dangerous, or that endangers the physical or mental well-being of performers or others, including but not limited to:
   i. Any depiction of violence and/or self-harm;
   ii. Any acts that threaten life or health, or that use knives or other dangerous instruments in performances that endanger the person or property of oneself or others;
   iii. Content that encourages or induces others to engage in dangerous or illegal activities that may cause bodily harm or death;
  (24) Providing tailored professional advice without review by qualified professionals, including advice in the fields of law, finance, medical/health, investment, insurance, credit, education, employment, housing, or similar areas;
  (25) Using the Service in any manner that may create a conflict of interest or undermine the purpose of the Service;
  (26) Developing, offering, or supporting any application, product, service, or model that competes or may compete with the Company and/or its affiliates;
  (27) Any other information that violates applicable laws, regulations, policies, or public order and morality, disrupts the normal operation of the Service or related services, or infringes upon the lawful rights and interests of other users or third parties.

• You must not, by yourself or by permitting or assisting anyone else, use plug-ins, add-ons, systems, or third-party tools to interfere with, disrupt, modify, or otherwise affect the normal operation of the Service. This includes, without limitation, employing any automated programs, software, or similar tools to access the Service or to collect or process any information or content therein.

• You must not, by yourself or by permitting or assisting anyone else, perform any act that endangers the security of the Service’s systems, nor may you use the Service to engage in any activity that harms computer-network security. Such prohibited acts include, but are not limited to:

1. Illegally intruding into networks, disrupting normal network functions, stealing network data, or any other activities that compromise network security;
   (2) Providing programs or tools specifically designed for intruding into networks, disrupting normal network functions or protective measures, or stealing network data;
   (3) Knowingly offering technical support, advertising, payment processing, or other assistance to others engaged in activities that endanger network security;
   (4) Using data without authorization or accessing servers/accounts without permission;
   (5) Without authorization, entering public computer networks or another person’s computer systems to delete, modify, or add stored information;
   (6) Attempting, without permission, to probe, scan, or test for vulnerabilities in the Service’s systems or networks, or otherwise engaging in acts that undermine network security;
   (7) Attempting to interfere with or disrupt the normal operation of the Service’s systems or websites, including deliberately spreading malicious programs or viruses or engaging in any other conduct that disrupts or interferes with normal network-information services;
   (8) Forging TCP/IP packet headers or any portion thereof;
   (9) Reverse-engineering, disassembling, decompiling, recompiling, or otherwise attempting to discover the source code, underlying components, underlying technologies, algorithms, or models of the Service or any third-party services;
   (10) Maliciously registering accounts for the Service, including but not limited to registering accounts frequently or in bulk;
   (11) Renting, leasing, distributing, licensing, transferring, selling, adapting, copying, disseminating, vertically searching, mirroring, trading, or otherwise accessing or using the Service or any part thereof;
   (12) Unauthorized impersonation of others or obtaining access to the Service and related services;
   (13) Impersonating or attempting to impersonate us, other users, or any other person (living or deceased) or entity;
   (14) Providing content that contains viruses, Trojan horses, worms, logic bombs, or other malicious or harmful materials, or using any chatbot (Agent) you create to generate such malicious or harmful materials;
   (15) Using the Service in an automated manner or accessing third-party services through the Service—especially any action that imposes an unreasonable or disproportionate load on our infrastructure or exceeds any rate limits we may set;
   (16) Using any “deep-link,” “page-scrape,” “Agent,” “spider,” or other automated device, program, algorithm, or method, or any manual process, to access, obtain, copy, or monitor any portion of the Service, or to obtain or attempt to obtain any materials, documents, or information by any means not purposely made available through the Service;
   (17) Gaining or attempting to gain unauthorized access to the Service by hacking, password “mining,” or any other illegitimate means, bypassing any measures we may use to prevent or restrict access, damaging any part of the Service, or causing any part of it to be damaged;
   (18) Interfering with or attempting to interfere with, or violating the terms, policies, or procedures of, any network, server, computer, or database connected to the Service.

   IN ADDITION TO THE ABOVE, YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR DISTRIBUTION, OPERATION AND USE OF YOUR BOTS) MUST, AT ALL TIMES, BE COMPLIANT WITH ALL APPLICABLE LAWS. IF YOU BREACH THESE TERMS OR VIOLATE ANY APPLICABLE LAWS, WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE SERVICES AND/OR SUSPEND OR TERMINATE CONNECTION OR SUPPORT FOR YOUR BOTS IMMEDIATELY TO THE EXTENT PERMITTED BY LAW AND WITHOUT ANY LIABILITIES.

   YOU SHALL NOT PRODUCE, RELEASE OR DISSEMINATE FALSE INFORMATION BY VIRTUE OF NEW TECHNOLOGIES OR NEW APPLICATIONS SUCH AS DEEP LEARNING. WHEN YOU RELEASE OR DISSEMINATE THE INFORMATION GENERATED BY USING NEW TECHNOLOGIES OR NEW APPLICATIONS SUCH AS DEEP LEARNING, VIRTUAL REALITY, ETC., THESE SHALL BE MARKED OR REMINDED IN A NOTICEABLE WAY. YOU MUST NOT DELETE OR ALTER THE SERVICES IN A MISLEADING WAY.

   6. Plugin publication and use.

   "Plugins" permit the Services to communicate with APIs (including third party APIs) and receive information (a "Plugin Response") from those APIs. To the extent you make a Plugin or Bot available to the Services, you agree to abide by these Terms.

   Plugin Reviews. Although we are not required to oversee Plugins or their content, we reserve the right to: (i) inspect or test your Plugin for quality assurance and adherence to these Terms; and (ii) eliminate or decline to show any content breaching these Terms. We hold the discretion to exclude any Plugin from our Services or remove it at any time, for any reason. You must ensure that all information provided to us is accurate and current.

   API Requests. When the Services interact with your API, they will transmit a Plugin Request containing user information. If you publish a plugin, you must upload an adequate data processing agreement which shall be in accordance with applicable laws and is entered solely between the you and the bot developer. In the absence of such an agreement, Plugin Requests may be handled only as follows: (i) in compliance with all relevant laws; and (ii) solely to the extent necessary for responding to or executing the instructions in the Plugin Request or adhering to applicable law. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION FROM USERS, BOTS, OR PLUGINS THAT IS SENT TO YOUR API.

   7. Payments

   7.1 The Services we offer are divided into free Services and paid Services. For the Services that are currently provided for free, we reserve the right to change them to paid Services from time to time according to the adjustment of our policies. If such a change occurs, we will notify you in advance. If you do not agree, you may cease using the Service. For paid Services, we have the right to independently determine the prices of such Services and adjust them from time to time. The adjusted prices will be publicized in EVA. If you do not agree with the adjusted prices, you may stop purchasing the paid Services after the expiration of your originally purchased paid services. If you continue to purchase the paid services after we have adjusted and publicized the prices, it will be deemed that you agree to the adjusted prices.

   7.2 We may provide some paid products/Services through EVA. The charging standards and methods of relevant paid products/Services are detailed in the effective publicity information published by EVA (including relevant platform rules). When you purchase EVA relevant products/Services, you may pay the relevant expenses through the payment channel provided by EVA.

   7.3 The specific price of the paid products/Services you purchase shall be subject to the display on the order page.

   7.4 You may apply for a Value-Added Tax (VAT) invoice for the products/services you have purchased on EVA and provide the required information for the invoice as requested by EVA. For matters related to invoice issuance, users may contact customer service for handling.

   8. We Own the Services

   The Services are owned by us. We and our licensors own and reserve all right, title and interest in and to the Services. However, we do not claim ownership over the output generated based on or in response to your Content.

   Subject to your compliance with these Terms, we grant to you a non-exclusive, limited, non-transferable, non-sublicensable, revocable right to access and use the Services for your personal and non-commercial use. You acknowledge and agree that we may terminate the license granted to you at any time for breach of these Terms or for any other reason upon a written notice to you, unless otherwise prohibited or restricted under applicable laws.

   All other rights not expressly granted herein are reserved to us and you shall obtain our separate written permission before exercising such rights, and our failure to exercise any of the foregoing rights will not constitute a waiver of such rights.

   YOU UNDERSTAND AND ARE AWARE THAT WE DO NOT CLAIM ANY RIGHTS OVER THE OUTPUT OF THE EVA.

   9. Your Content

   The content that you input, upload, import, submit, post, display, create, or otherwise provide (collectively referred to as "provide" in this Section) through the Services, including but not limited to chatbots (Agents), text, URLs, code, or other information, data, datasets, content, documentation, or materials that you provide within or through the Services, is collectively referred to as "Your Content." YOU CONFIRM AND WARRANT THAT YOUR CONTENT IS EITHER CREATED BY YOU OR HAS BEEN LEGALLY AUTHORIZED (INCLUDING THE RIGHT TO SUBLICENSE). SUBJECT TO APPLICABLE LAWS AND REGULATIONS, THE INTELLECTUAL PROPERTY RIGHTS OF YOUR CONTENT BELONG TO YOU OR THE ORIGINAL RIGHTS HOLDER, BUT YOU AGREE TO ABIDE BY THE LICENSE YOU HAVE GRANTED TO US UNDER THESE TERMS.

   We may use Your Content to provide and improve the Services, including for troubleshooting, diagnostics, security reviews, handling customer support requests, and enhancing the user experience.

   To encourage more people to use the Services, we may use your trademarks and other commercial identifiers within a reasonably necessary scope.

   YOU UNDERSTAND AND COMMIT THAT THE CONTENT YOU PROVIDE THROUGH THE SERVICES IS EITHER CREATED BY YOU OR HAS BEEN LEGALLY AUTHORIZED. YOU WARRANT THAT YOUR CONTENT DOES NOT INFRINGE THE RIGHTS OF THIRD PARTIES AND COMPLIES WITH LAWS AND REGULATIONS AS WELL AS THESE TERMS. YOU SHALL BEAR THE LEGAL LIABILITIES ARISING FROM OR RELATED TO YOUR CONTENT FOR US.

   If Your Content contains personal information, you shall be responsible for such personal information. You confirm that you are the rights holder of such personal information or that your actions comply with the provisions of the Personal Information Protection Law and other relevant laws, and you represent to us that you are processing personal information in accordance with applicable laws.

   10. Your Bots

   You own the bots and other software (collectively referred to as your "Bots") you develop by using the Services, provided that the Services and all right, title and interest of the Services still belong to us. Nothing under these Terms transfer or assign to you any intellectual property right or other proprietary rights in and to the Services or any third party services or third party property.

   You may distribute or publish your Bots on third party platforms, provided that your use of your Bots shall comply with these Terms, the terms and conditions of third party platforms and all applicable laws (including without limitation all transparency and other requirements applicable to generative AI products or otherwise applicable to your Bots).

   By enabling any feature that allows you to view the interactions between your Bots and end users (as defined in Section 11 below), you instruct us to provide access to these contents in a read-only format, with names and email addresses removed.

   11. Your Obligations to End Users

   We offer the Services to you. Any person who accesses or uses your bots is considered your "end user". We have no direct relationship with your end users. We are not responsible for how you handle your end users data.

   You are solely responsible for notifying and obtaining consents from your end users in connection with any use of the Services and your operation of your Bots. Before collecting or using any end user information, you must provide clear notice and obtain necessary consents. Your notice and consent must be in compliance with applicable laws. You shall have a privacy policy or notice which is clearly displayed to all end users, and accurately describes the information you collect and how you use and share it with EVA and third parties, and complies with applicable laws.

   You must ensure that your bots are appropriate for the age of your end users; if the end user's age is unclear, your bots must be appropriate for all ages.

   Your bots should not be intended for children under 13 years old.

   You are solely responsible for safeguarding your end users data in connection with your use of the Services. If there is a breach or leak of your end user data, you must promptly notify us with details on the cause, remediation steps, and preventive measures.

   You must respond to end users who wish to exercise their privacy rights under applicable law regarding the information collected through your use of the Services. We are not a data controller for such information.

   You must comply with data protection laws and other applicable laws. You must ask your end user to comply with applicable laws. You are solely responsible for any personal injury or property damage resulting from your use of the Services.

   TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS AUTOARK PARTIES AGAINST ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR (1) PLUGIN DEVELOPMENT, DEPLOYMENT, OR USE, AND (2) ANY END USERS’ USE AND OPERATION OF YOUR BOTS. YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS AUTOARK, OUR AFFILIATES, AND OUR PERSONNEL, FROM AND AGAINST ANY THIRD-PARTY CLAIMS, LOSSES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATING TO YOUR PLUGIN, INCLUDING PLUGIN RESPONSES, YOUR WEBSITE OR APPLICATION THAT IS CONNECTED TO THE PLUGIN, AND YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAW.

   12. Third Party Services

   The Services may include third party services, including without limitation third party large language models ("LLM"), third party plugins, and third party APIs. You acknowledge and agree that third party services are provided to you by applicable third party service providers. You are subject to and shall comply with additional terms and conditions (e.g., user terms, acceptable use policies, content policies) published or otherwise made available by the applicable third parties. To the fullest extent permitted by laws, any dispute you have with any third party arising out of your use of the Services is directly between you and such third party, and you irrevocably release AutoArk Parties from any and all claims, demands, fines, indemnifications and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such dispute.

   Notwithstanding the generality of the foregoing, as mentioned, the Services may be powered by third parties LLM. To enable you to use the Services, Your Content will be shared with third parties (e.g., enabling a third party LLM to generate output for your Bots). You represent and warrant that you have taken all necessary steps, including providing any required notice and obtaining all required consents, for the relevant data sharing in compliance with applicable laws.

   EVA does not generate output for your Bots and is not responsible for the output generated or other content made available by third party LLMs or other third party services which may directly or indirectly power your Bots. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any output or other content or services provided by or through such third party LLMs.

   You acknowledge and agree that your use of the third party LLMs, third party plugins, third party APIs will be subject to additional and separate terms. Your end users' data will be processed according to the terms of these third parties' terms, and not according to the EVA Data Processing Agreement. In the event of any conflict between third parties' terms and the EVA Data Processing Agreement, the third parties' terms shall prevail.

   You acknowledge and agree that your use of the third party LLMs, third party plugins, third party APIs will be subject to conditions applicable for such third parties (e.g., a third party LLM may refuse to generate output for you if your input is illegal or contains improper content).

   13. Intellectual Property Infringement

   We respect intellectual property rights and ask you to do the same. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights, or publicity rights, to remove or block infringing content or bot or take other actions against infringers as we deem appropriate.

   If you find inappropriate response, output or bot that violates applicable laws, or if you believe that your intellectual property rights have been infringed, please contact us at: contact@autoark.ai

   Written claims alleging copyright infringement must include the following information:

• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

• a description of the copyrighted work that has been infringed, and state the rights secured over the same;

• a description of the infringing material and where the same is located on the site;

• address, telephone number, and e-mail address of the copyright owner or its agent;

• a statement by you that you have certain knowledge that the disputed use is not authorized by the copyright owner, its agent, or the laws; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  14. Feedback

  We pay great attention to your interests, feedback, and suggestions. If you send us or our employees any ideas related to products, services, features, modifications, improvements, technologies, strategies, or product/feature names, or any related documents, artworks, computer code, diagrams, or other materials (collectively referred to as “Feedback”), regardless of the intent you express during the specific feedback process, by sending us Feedback, you agree to the following:

  We have no obligation to respond to your Feedback, nor do we have any obligation to return to you all or any part of your Feedback for any reason;

• The Feedback is provided on a non-confidential basis. We have no obligation to keep any Feedback you send, or any part thereof, confidential, nor do we have any obligation to use or disclose it in any way;

• YOU AGREE TO IRREVOCABLY GRANT US A PERPETUAL AND WORLDWIDE LICENSE TO REPRODUCE, DISTRIBUTE, CREATE DERIVATIVE WORKS OF, MODIFY, PUBLICLY PERFORM (INCLUDING PUBLIC DISPLAY), PUBLICLY COMMUNICATE, MAKE AVAILABLE, AND PUBLICLY DISPLAY YOUR FEEDBACK AND ITS DERIVATIVES. THIS LICENSE IS UNRESTRICTED, AND WE ARE NOT REQUIRED TO PAY ANY FEES OR PROVIDE ANY FORM OF ATTRIBUTION OR CREDIT.

  We place great importance on the quality of content generated by artificial intelligence models and will endeavor to take reasonable security measures to filter inappropriate content. If you find that the output content of the Services or the returned processing results are unreasonable, flawed, or otherwise problematic, you may provide feedback at any time through the feedback portal of the Services contact@autoark.ai.

  15. Indemnity

  15.1 IF YOU VIOLATE THESE TERMS, WE HAVE THE RIGHT, AT OUR DISCRETION, TO TAKE MEASURES SUCH AS ISSUING A PRIOR WARNING, REFUSING TO PUBLISH, IMMEDIATELY CEASING THE TRANSMISSION OF INFORMATION, DELETING YOUR CONTENT, TEMPORARILY PROHIBITING YOU FROM PUBLISHING CONTENT, RESTRICTING PARTIAL OR ALL FUNCTIONS OF YOUR ACCOUNT, UP TO AND INCLUDING TERMINATING THE PROVISION OF SERVICES, PERMANENTLY CLOSING THE ACCOUNT, AND OTHER REMEDIAL MEASURES AS STIPULATED BY LAWS AND REGULATIONS. ANY ADVERSE CONSEQUENCES RESULTING THEREFROM, SUCH AS THE UNAVAILABILITY OF PLATFORM FUNCTIONS, DELETION OF ACCOUNT INFORMATION, DELETION OF CONTENT, INABILITY TO NORMALLY ACCESS ASSETS OR OTHER RIGHTS WITHIN YOUR ACCOUNT, SHALL BE BORNE BY YOU. WE HAVE THE RIGHT NOT TO RESTORE ANY CONTENT THAT HAS BEEN DELETED.

  15.2 WE HAVE THE RIGHT TO ANNOUNCE THE RESULTS OF OUR HANDLING AND TO DECIDE, BASED ON THE ACTUAL SITUATION, WHETHER TO RESTORE THE USE OF THE RELEVANT ACCOUNTS. IN THE EVENT OF ANY SUSPECTED CRIMINAL OR ILLEGAL ACTIVITIES, WE WILL KEEP RELEVANT RECORDS AND HAVE THE RIGHT TO REPORT TO THE COMPETENT AUTHORITIES IN ACCORDANCE WITH THE LAW AND TO COOPERATE WITH THEIR INVESTIGATIONS.

  15.3 WE RESPECT AND PROTECT INTELLECTUAL PROPERTY RIGHTS, RIGHTS TO REPUTATION, RIGHTS TO NAME, RIGHTS TO PRIVACY, AND OTHER LAWFUL RIGHTS AND INTERESTS. IF YOU INFRINGE UPON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, RIGHTS TO REPUTATION, RIGHTS TO NAME, RIGHTS TO PRIVACY, OR OTHER LAWFUL RIGHTS AND INTERESTS, AND THIS LEADS TO COMPLAINTS, REPORTS, OR LEGAL ACTIONS BY THE THIRD PARTY TO CLAIM COMPENSATION, WE HAVE THE RIGHT TO TAKE NECESSARY MEASURES IN ACCORDANCE WITH LAWS AND REGULATIONS. YOU SHALL HANDLE ALL CLAIMS MADE BY THIRD PARTIES ON YOUR OWN AND BEAR ALL POSSIBLE LEGAL LIABILITIES ARISING THEREFROM. IF YOUR ACTIONS CAUSE US OR OUR AFFILIATES TO BEAR COMPENSATION LIABILITY TO ANY THIRD PARTY, OR TO SUFFER PENALTIES FROM STATE ORGANS, OR TO INCUR OTHER ECONOMIC LOSSES OR DAMAGE TO REPUTATION, YOU SHALL COMPENSATE US AND OUR AFFILIATES FOR ALL LOSSES SUFFERED AS A RESULT.

16. Disclaimer

YOU UNDERSTAND AND AGREE THAT THE SERVICES AND RELATED SERVICES MAY BE AFFECTED OR DISRUPTED BY A VARIETY OF FACTORS. WE DO NOT GUARANTEE (INCLUDING BUT NOT LIMITED TO):

(1) THAT THE SERVICES AND RELATED SERVICES WILL FULLY MEET YOUR USAGE REQUIREMENTS;

(2) THAT THE SERVICES AND RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR-FREE; OR THAT ANY SOFTWARE, SERVICES, OR OTHER MATERIALS YOU OBTAIN THROUGH US WILL MEET YOUR EXPECTATIONS;

(3) THAT ANY ERRORS IN THE SERVICES AND RELATED SERVICES WILL BE CORRECTED.

IF YOU ENCOUNTER INFORMATION RELATED TO BORROWING, INVESTMENT AND FINANCING, WEALTH MANAGEMENT, OR OTHER FINANCIAL MATTERS, AS WELL AS ACCOUNT PASSWORDS, ADVERTISEMENTS, OR PROMOTIONS, YOU SHOULD EXERCISE CAUTION AND MAKE YOUR OWN JUDGMENTS. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM ANY LOSS OF PROFIT, BUSINESS REPUTATION, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES YOU MAY SUFFER AS A RESULT.

YOU UNDERSTAND AND AGREE THAT DURING THE USE OF THE SERVICES AND RELATED SERVICES, YOU MAY ENCOUNTER FORCE MAJEURE FACTORS (FORCE MAJEURE REFERS TO OBJECTIVE EVENTS THAT CANNOT BE FORESEEN, OVERCOME, OR AVOIDED), INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS (SUCH AS FLOODS, EARTHQUAKES, TYPHOONS), GOVERNMENT ACTIONS, WAR, STRIKES, RIOTS, ETC. IN THE EVENT OF FORCE MAJEURE, WE WILL ENDEAVOR TO RESTORE THE SERVICE AS QUICKLY AS POSSIBLE. HOWEVER, WE SHALL NOT BE LIABLE FOR ANY SUSPENSION, INTERRUPTION, TERMINATION OF THE SERVICE, OR ANY LOSSES CAUSED THEREBY, TO THE EXTENT PERMITTED BY LAWS AND REGULATIONS.

OUR RIGHT TO HANDLE ILLEGAL OR NON-COMPLIANT CONTENT IN ACCORDANCE WITH THESE TERMS DOES NOT CONSTITUTE AN OBLIGATION OR COMMITMENT ON OUR PART. WE CANNOT GUARANTEE THAT WE WILL PROMPTLY DETECT ILLEGAL ACTIVITIES OR TAKE CORRESPONDING ACTIONS.

YOU UNDERSTAND AND AGREE THAT WITH RESPECT TO THE SERVICES AND RELATED SERVICES, WE DO NOT PROVIDE ANY TYPE OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE RISK ASSOCIATED WITH YOUR USE OF THE SERVICES AND RELATED SERVICES.

YOU UNDERSTAND AND AGREE THAT THESE TERMS ARE INTENDED TO ENSURE COMPLIANCE WITH LAWS AND REGULATIONS, MAINTAIN PUBLIC ORDER AND GOOD MORALS, AND PROTECT THE LEGITIMATE RIGHTS AND INTERESTS OF YOU AND OTHERS. WE WILL MAKE THE UTMOST EFFORT WITHIN OUR CAPABILITIES TO MAKE JUDGMENTS IN ACCORDANCE WITH RELEVANT LAWS AND REGULATIONS, BUT WE DO NOT GUARANTEE THAT OUR JUDGMENTS WILL ALWAYS BE CONSISTENT WITH THOSE OF JUDICIAL OR ADMINISTRATIVE AUTHORITIES. YOU HAVE UNDERSTOOD AND AGREE TO BEAR THE CONSEQUENCES ARISING THEREFROM.

UNDER NO CIRCUMSTANCES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE OR OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR ANY OTHER FORM OF DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, GOODWILL, DATA, OR OTHER LOSSES RESULTING FROM YOUR USE OF THE SERVICES AND RELATED SERVICES. UNLESS OTHERWISE EXPLICITLY PROVIDED BY LAWS AND REGULATIONS, OUR TOTAL LIABILITY TO YOU FOR ANY REASON AND UNDER ANY CAUSE OF ACTION SHALL NEVER EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE USE OF THE SERVICES AND RELATED SERVICES (IF ANY).

17. Terms for Minors

IF YOU ARE A MINOR UNDER THE AGE OF 18, YOU MUST CAREFULLY READ AND AGREE TO THESE TERMS UNDER THE SUPERVISION, GUIDANCE, AND CONSENT OF YOUR GUARDIAN BEFORE YOU CAN USE THE SERVICES AND RELATED SERVICES.

WE VALUE THE PROTECTION OF MINORS' PERSONAL INFORMATION. WHEN FILLING IN PERSONAL INFORMATION, MINORS SHOULD ENHANCE THEIR AWARENESS OF PERSONAL PROTECTION AND BE CAUTIOUS. MINORS SHOULD ALSO USE THE SERVICES AND RELATED SERVICES CORRECTLY UNDER THE CONSENT AND GUIDANCE OF THEIR GUARDIANS.

MINORS AND THEIR GUARDIANS UNDERSTAND AND CONFIRM THAT IF YOU VIOLATE LAWS AND REGULATIONS OR THE TERMS OF THESE TERMS, YOU AND YOUR GUARDIAN SHALL BEAR ALL LEGAL RESPONSIBILITIES THAT MAY ARISE, IN ACCORDANCE WITH THE LAW.

SPECIAL REMINDERS FOR MINORS:

(1) MINORS SHOULD USE THE SERVICES AND RELATED SERVICES UNDER THE SUPERVISION AND GUIDANCE OF THEIR GUARDIANS. THEY SHOULD LEARN TO USE THE INTERNET CORRECTLY WITHIN A REASONABLE SCOPE, AVOID BECOMING ADDICTED TO THE VIRTUAL CYBERSPACE, AND DEVELOP GOOD INTERNET HABITS.

(2) TO BETTER PROTECT THE PRIVACY RIGHTS OF MINORS, WE REMIND YOU TO STRICTLY FOLLOW RELEVANT LAWS AND REGULATIONS AND TO BE CAUTIOUS WHEN POSTING CONTENT THAT INCLUDES MATERIALS RELATED TO MINORS. ONCE POSTED, IT WILL BE CONSIDERED THAT YOU HAVE OBTAINED THE CONSENT OF THE RIGHTS HOLDER TO DISPLAY THE IMAGE, VOICE, AND OTHER INFORMATION OF MINORS IN THE SERVICES AND RELATED SERVICES, AND YOU ALLOW US TO USE AND PROCESS SUCH CONTENT RELATED TO MINORS IN ACCORDANCE WITH THESE TERMS.

18. Termination

These Terms will remain effective unless terminated.

You may terminate your use of the Services at any time. We may terminate the provision of the Services or these Terms at any time with or without notice to you. If we terminate your account or you delete your account, these Terms between you and us will automatically terminate.

The right and license you grant to AutoArk or other parties under these Terms, and any sections of these Terms which, by their nature, should survive the termination of these Terms, shall survive the termination of these Terms.

19. Other Terms

a. Applicable Law and Jurisdiction. THESE TERMS, THEIR SUBJECT MATTER AND THEIR FORMATION, ARE GOVERNED BY THE LAWS OF THE PEOPLE'S REPUBLIC OF CHINA. IF ANY PROVISION OF THESE TERMS IS INVALID OR UNENFORCEABLE DUE TO CONFLICT WITH THE LAWS, SUCH PROVISION SHALL, WITHOUT VIOLATING THE LAWS, BE INTERPRETED AND APPLIED IN A MANNER THAT MOST CLOSELY ACHIEVES THE PURPOSE OF THE ORIGINAL PROVISION OF THESE TERMS, AND THE OTHER PROVISIONS OF THESE TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT.

THESE TERMS ARE EXECUTED IN ZHUHAI CITY, PEOPLE'S REPUBLIC OF CHINA. IF ANY DISPUTE ARISES BETWEEN YOU AND AUTOARK, THE PARTIES SHALL USE THEIR BEST EFFORTS TO RESOLVE SUCH DISPUTE THROUGH GOOD FAITH NEGOTIATIONS. IF SUCH NEGOTIATIONS FAIL, YOU AGREE TO SUBMIT THE DISPUTE TO THE PEOPLE'S COURT IN THE PLACE WHERE AUTOARK IS LOCATED FOR RESOLUTION BY LITIGATION.

b. Entire Agreement. THESE TERMS (INCLUDING OTHER AGREEMENTS, TERMS, POLICIES, GUIDELINES AND DOCUMENTS INCORPORATED HEREIN BY REFERENCE) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICES AND SUPERSEDE ANY PRIOR AGREEMENTS, COMMUNICATIONS OR UNDERSTANDINGS BETWEEN YOU AND US ON THAT SUBJECT. THESE TERMS WILL BE BINDING UPON AND WILL INURE TO THE BENEFITS OF OUR AND YOUR SUCCESSORS, HEIRS AND PERMITTED ASSIGNS, RESPECTIVELY.

c. Assignment. Each party may not assign or transfer these Terms, except that we may assign or transfer these Terms or our rights or obligations hereunder to our affiliates or in connection with a merger, acquisition or sale of all or substantially all of our assets.

d. Age Limit. The Services are only for people 18 years old and over. By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user's account.

e. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

f. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

g. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.

h. You and we are independent persons and in no event shall these Terms constitute a warranty or condition of any kind, express or implied, by AutoArk to you, or constitute an agency, partnership, joint venture or employer and employee relationship between us.