Platform agreement

This is an agreement (the "Agreement") between you (the individual or organization that registers as a user on the Platform and uses our services, and undertakes to comply with our various agreements, privacy policy, and other service terms) and Beijing Chuangshi FC Technology Co., Ltd. and its affiliates ("FC" or "we").

You confirm that, before using or purchasing our Nexhina products or services, you have fully read, understood, and accepted all terms of this Agreement. Once you actually begin to use the services on this Platform or complete the purchase process, you are deemed to have read and agreed to comply with this Agreement. We have the right to modify the terms of this Agreement when necessary, and you can view the latest version of the Agreement on this page. After the terms of this Agreement are changed, if you continue to use the services on this Platform, you are deemed to have accepted the changed Agreement. For a detailed description of the data and personal information collection and use policies of this Platform, please refer to the Privacy Policy.

You warrant that you have the full civil capacity stipulated by law, are a natural person who can independently assume civil liability, or a person with full civil capacity who is authorized by a legal person to act on its behalf; if you are under the age of eighteen, even if you have registered, you cannot complete real-name authentication or use the services of this Platform. You promise and confirm that the content of this Agreement does not violate the laws of the country or region where you are located.

1.1 Account and Real-Name Authentication

1.1.1. After you fill in the relevant information as required by this Platform and confirm your agreement to abide by all terms of this Agreement and the "Privacy Policy", we will create an account for you. You acknowledge and agree that some or all of the functions of this Platform require your account to be activated after real-name authentication, and we have the right to modify and maintain the services and functions of this Platform from time to time at our own discretion and according to business development changes.

1.1.2. If you access and use this Platform on behalf of an enterprise, legal person, unincorporated organization, or other entity, you must complete the enterprise authentication of the account. In this case, this Agreement is effective not only between you and us, but also between us and the enterprise that has been authenticated through that account (including but not limited to the legal person, unincorporated organization, or other entity, hereinafter collectively referred to as the "Enterprise"). The authenticated Enterprise shall be responsible for all use, recharge, and information provision behaviors of that account and its associated users, and shall not refuse to assume responsibility on the grounds of account lending, staff turnover, etc. You should properly manage the authenticated Enterprise account and the login and usage permissions of associated users. Any losses caused to the Enterprise or third parties due to leaked permissions, unauthorized authorization, or poor management shall be jointly borne by the authenticated Enterprise and you.

1.1.3. If you connect to or access this service through a third party, you acknowledge and allow the third-party service to use or store your user information, access tokens, related account information and authentication credentials, and other data, and this Platform can obtain and store your identity information and account credentials from the third party.

1.1.4. You are responsible for protecting the account you create, join, or manage, as well as your user identity, and shall not disclose any login credentials you use to log in to anyone, including but not limited to SMS verification codes, email verification codes, or WeChat accounts. If the account is lost due to your active disclosure or attack or fraud by others, this Platform shall not be responsible. You should seek compensation from the infringer through judicial, administrative, or other remedies.

1.1.5. The account name and user nickname you set shall not violate national laws and regulations, public order and good customs, social morality, nor cause confusion between your identity and that of this Platform. Otherwise, it may result in failure of account creation or user registration, or we have the right to disable or cancel your account after notifying you.

1.1.6. The same user (the "same user" is determined by the mobile phone number, hereinafter referred to as the "same user") can only create one personal account. Your personal account is for your use only. Unless otherwise agreed by both parties, you shall not, in any form, give, lend, rent, transfer, sell, or otherwise allow any third party to use your personal account. If this Platform discovers or has reasonable reason to believe that the user is not the initial registered user of the account, in order to ensure account security, we have the right to immediately suspend or terminate the provision of services to that account, and have the right to permanently disable the account.

1.1.7. The same user can create multiple organization accounts. The organization accounts you successfully create can be used by you personally, or you can allow other users to use them together. If you allow other users to use your organization account together, you shall bear full responsibility for the consequences and responsibilities of the corresponding users' actions under that organization account (including but not limited to the use of platform services, recharge, or incurring arrears, etc.). You must use the organization account in accordance with the relevant regulations of this Platform. Otherwise, in order to ensure account security, we have the right to immediately suspend or terminate the provision of all or part of the services to that organization account, and have the right to permanently disable the account.

1.2 Change, Suspension, and Termination

We may change, suspend, or terminate the services provided to you, or set limits on the use of the services, without assuming any liability, provided that we have made our best efforts to notify you in advance through one or more means such as SMS, email, or announcement on this Platform. We may deactivate your account at any time. Even if your account is terminated for any reason, you are still bound by this Agreement.

1.2.1 When the law explicitly stipulates that this Platform, as a platform service provider, must verify user information, this Platform will periodically verify your information in accordance with the law. You shall cooperate and provide the latest, true, complete, and valid information. If this Platform cannot verify based on the information you provide, this Platform has the right to issue an inquiry notice or correction request to you, and require you to re-authenticate, until the suspension or termination of the provision of part or all of the platform services. This Platform shall not be liable for this.

1.2.2 You shall be solely responsible for interactions, activities, communications, and communications with other users. We reserve the right to monitor disputes between you and other users. We do not assume any responsibility for your interactions with other users and the actions or inactions of any user, including responsibilities related to Interaction Data (as defined below).

2. Service Access and Service Restrictions

2.1 Service Access

Subject to your compliance with this Agreement, we hereby grant you a non-exclusive and non-transferable right for your personal use or for the internal business use of the enterprise or other entity you represent. We reserve all rights not expressly granted in this Agreement.

2.2 Service Restrictions

2.2.1. Disassemble, reverse engineer, decode, or decompile any part of the service;

2.2.2. Purchase, sell, or transfer API keys without our prior written consent;

2.2.3. Copy, rent, sell, lend, transfer, license, or attempt to sublicense, resell, distribute, or modify any part of this service or any of our intellectual property (as defined below);

2.2.4. Take any action that may cause excessive load on our servers, infrastructure, etc.;

2.2.5. Use the platform service in any of the following ways or for the following purposes:

(a) Opposing the basic principles established by the Constitution;

(b) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;

(d) Inciting regional discrimination and regional hatred;

(e) Inciting ethnic hatred and ethnic discrimination, undermining national unity;

(f) Violating national religious policies, promoting cults and feudal superstitions;

(g) Spreading rumors, disrupting social order, or undermining social stability;

(h) Disseminating pornographic, obscene, gambling, violent, murderous, terrorist content, or instigating crime;

(i) Insulting or slandering others, infringing on the legitimate rights and interests of others;

(j) Inciting illegal assemblies, associations, processions, demonstrations, and gatherings to disrupt social order;

(k) Acting in the name of illegal non-governmental organizations;

(l) Non-personal works that may involve copyright disputes;

(m) Possibly infringing on the prior rights of others;

(n) Committing violence, intimidation, and threats against others, and conducting cyber pursuit;

(o) Involving the privacy, personal information, or data of others;

(p) Infringing on the legitimate rights and interests of others, such as privacy rights, reputation rights, portrait rights, and intellectual property rights;

(q) Infringing on the legitimate rights and interests of minors or harming the physical and mental health of minors;

(r) Secretly photographing or recording others without permission, infringing on the legitimate rights of others;

(s) Violating the "Seven Bottom Lines" requirements, namely the bottom line of laws and regulations, the bottom line of the socialist system, the bottom line of national interests, the bottom line of citizens' legitimate rights and interests, the bottom line of social public order, the bottom line of moral customs, and the bottom line of information authenticity;

(t) Others prohibited by relevant laws, administrative regulations, etc.

2.2.6. Circumvent measures we may take to prevent or restrict access to the service, including but not limited to preventing or restricting the use or copying of any content, or limiting the functionality of the service or any part thereof;

2.2.7. Attempting to interfere with or undermine the system integrity or security of the servers running the service, or deciphering any transmission to or from the servers running the service;

2.2.8. Using this service to send spam, chain letters, or other unsolicited emails;

2.2.9. Transmitting illegal data, viruses, or other malware through this service;

2.2.10. Impersonating another person or entity, falsely stating your relationship with another person or entity, concealing or attempting to conceal your identity, or using this service for any intrusive or fraudulent purpose;

2.2.11. Collecting or obtaining any personal information from this service, including but not limited to the names of other users.

2.2.12. Other actions not expressly authorized by us or usage methods that may damage our interests.

3. Interaction Data

3.1 This service may allow users, after registration, to perform operations such as input, feedback, modification, processing, storage, upload, download, and distribution of relevant personal information, videos, images, audio, comments, questions, and other content, files, data, and information ("Interaction Data") with large models, third-party websites, software, applications, or services during the use of platform services. For detailed data use policies of this Platform, please refer to the "Privacy Policy" of this Platform.

3.2 If it is found that Interaction Data violates any laws, regulations, or the provisions of this Agreement, we have the right to delete such Interaction Data or stop providing technical services.

3.3 Regarding your Interaction Data, you confirm, declare, and warrant that:

3.3.1. Upon our request, you shall provide a written explanation of the source and legality of the personal information in the Interaction Data, or the information that requires authorization before use, or provide the corresponding authorization. If you exceed the scope or duration of authorization, you shall be responsible for obtaining expanded or extended authorization on your own.

3.3.2. Your Interaction Data, and the Platform's use of Interaction Data in accordance with this Agreement, will not violate any applicable law, nor infringe on any rights of any third party, including but not limited to any intellectual property rights and privacy rights.

3.3.3. Your Interaction Data does not contain any information or materials deemed sensitive or confidential by government agencies, and the Interaction Data you provide for this service does not infringe on any confidentiality rights of any third party.

3.3.4. You shall not directly or indirectly upload or provide any personal information of children under the age of 14 through this service.

3.3.5. Your Interaction Data does not contain nudity or other sexually suggestive content; does not contain hate speech, threats, or direct attacks on individuals or groups; does not contain abusive, harassing, infringing, defamatory, vulgar, obscene, or privacy-invading content; does not contain gender-discriminatory or racial, ethnic, or other discriminatory content; does not contain content that includes self-harm or excessive violence; does not contain forged or impersonated profiles; does not contain illegal content or content promoting harmful or illegal activities; does not contain malicious programs or code; does not contain any personal information of others without their consent; does not contain spam, machine-generated content, or unsolicited information and other offensive content.

3.4 As an independent technical support party, this Platform does not have any intellectual property rights in any Interaction Data generated by your use of this Platform's services. All Interaction Data, obligations, and responsibilities generated by your use of this Platform's services shall be borne by you, and this Platform shall not be liable for any losses caused thereby.

3.5 As an independent technical support party, when you use this Platform to provide services to any third party, the corresponding rights, obligations, and responsibilities shall be borne by you, and this Platform shall not be liable for any losses caused thereby.

3.6 Disclaimer

3.6.1 We are not responsible for any Interaction Data. You shall be solely responsible for the Interaction Data you input, provide feedback on, correct, process, store, upload, download, and distribute in the platform service. The technical services provided by this Platform will process your Interaction Data strictly in accordance with your instructions. Unless otherwise provided by laws and regulations, otherwise agreed according to specific product rules, or at your request to provide technical support to solve technical problems, we will not access your Interaction Data. You understand and acknowledge that we and this Platform only act as passive technical support parties or channels for Interaction Data. Without authorization, we and this Platform will not use or disclose your Interaction Data, nor will we store your Interaction Data.

3.6.2 Please understand and acknowledge that we will add corresponding identifiers to AI-generated synthetic content in accordance with relevant laws and regulations (such as the "Measures for the Identification of AI-Generated Synthetic Content"). You shall not maliciously delete, tamper with, forge, or conceal the above identifiers (in whatever form they exist), nor use the above identifiers for illegal activities or to publish illegal content.

Under specific circumstances, in order to better meet your usage needs, we may provide you with an option for AI-generated synthetic content that does not contain explicit identifiers. If you apply for this option, you are deemed to have committed and warranted that:

(a) You shall not use such content to disseminate false information or engage in other illegal activities;

(b) When publishing or disseminating to relevant platforms non-real information content created using new technologies and applications such as deep learning, virtual reality, and generative AI, or other information content that may cause public confusion or misrecognition, it should be identified in a prominent way;

(c) When sharing such content with third parties or using online information content dissemination services to publish such content, you should proactively state that it is AI-generated content;

(d) Other relevant requirements stipulated by laws and regulations shall be complied with.

If you violate the above warranties, all legal consequences arising therefrom shall be borne by you.

4. Intellectual Property

4.1 Nexhina's Intellectual Property

You understand and acknowledge that the intellectual property rights of all content provided by us in the platform service (including but not limited to web pages, text, images, audio, video, charts, computer software, etc.) belong to us from the very beginning. You shall not access, sell, license, rent, modify, distribute, copy, transmit, display, publish, adapt, edit, or create derivative works of any such intellectual property. It is strictly prohibited to use any intellectual property for any purpose not expressly permitted by this Agreement. All rights not expressly granted to you in this Agreement are reserved by Nexhina.

4.2 Output

Subject to your compliance with the following provisions and compliance with relevant laws and regulations, you may use the results generated by this Platform's service in a manner required by law:

(a) Your use of the service and output will not transfer or infringe any intellectual property rights (including intellectual property rights of Nexhina and other third parties);

(b) If we determine at our own discretion that your use of the output violates laws and regulations or may infringe the rights of any third party, we may restrict your use of the output at any time and require you to stop using the output (and delete any copies thereof);

(c) You shall not claim that the output of large models is human-generated, and you need to fulfill the corresponding identification obligations in accordance with relevant legal provisions;

(d) You shall not violate any license, usage restrictions, or intellectual property-related agreements of the model provider.

You agree that, for any output content or results generated from the technical services we provide, we shall not be liable to you or any third party.

4.3 User Usage Data

We may collect, or you may provide us with, information related to diagnosis, technology, and usage, including information about your computer, mobile device, system, and software ("User Usage Data"). We may use, maintain, and process User Usage Data or any part of it to the extent necessary to maintain and operate the platform, and within the scope permitted by law, including but not limited to:

(a) Providing and maintaining platform services;

(b) Improving our products and services or developing new products and services (User Usage Data is different from Interaction Data. Interaction Data will not be saved or disclosed. For details, please refer to the "Privacy Policy").

For detailed data use policies, please refer to the "Privacy Policy" of this Platform.

4.4 Feedback

If you provide us with any suggestions or feedback ("Feedback") regarding this service or any other Nexhina products or services, you hereby transfer all rights and interests in the Feedback to us, and we may freely use the Feedback and any ideas, know-how, concepts, technologies, and intellectual property contained therein. Feedback will be treated as our Confidential Information (as defined below).

5. Confidential Information

This service may contain non-public, proprietary, or confidential information of Nexhina and other users ("Confidential Information"). Confidential Information includes any information that should reasonably be understood as confidential based on the nature and circumstances of disclosure, including non-public business, product, technical, and marketing information. You will:

(a) Protect the privacy of all Confidential Information, with at least the same degree of care that you would use to protect your own highly sensitive information, but in no event less than a reasonable degree of care;

(b) Not use any Confidential Information for any purpose other than exercising rights or performing obligations under this Agreement;

6. Billing Policy and Taxes

6.1 You understand and agree that certain services provided by this Platform may require payment of usage fees, after-sales fees, or other fees ("Fees"). By choosing to use this service, you agree to the pricing and payment terms applicable to you as stated on this Platform (subject to our pricing, payment terms, recharge agreements, and other documents or other agreements signed between you and us as updated from time to time). You agree that we may monitor your usage data accordingly in order to complete service billing.

6.2 Please pay special attention to the fact that, due to the particularity of "service first, billing later", our products and services usually adopt a "post-payment" model. Please read and confirm the pricing, payment, and deduction terms of the relevant products and services carefully before use, and ensure that your account has sufficient balance or discount coupons, vouchers, etc. (collectively referred to as "Coupons") that can be used to offset the fees, otherwise arrears may occur. Arrears may result in your inability to use other products or services on this Platform (whether paid or free), that is, when arrears occur, we have the right to terminate the provision of services or technical support to you, and you shall bear the corresponding consequences arising therefrom.

6.3 You understand that the issuance, retention, and use of the above Coupons are conditional on your compliance with specific activity rules, service agreements, etc. If the Coupons are withdrawn or become invalid due to your violation of the corresponding activity rules or relevant service agreements and commitments, we have the right to require you to make up the amount of service fees offset by the Coupons.

6.4 The pricing, billing, payment terms, recharge agreements, and deduction rules for all products and services of this Platform are incorporated into this Agreement by reference. You agree that, with the development of the business and changes in the market environment, we may add new products and/or services, remove or discontinue existing products and/or services, and increase or modify the fees for existing products and/or services. We may set different prices according to your actual location of use, and/or stop providing any service at any time. Without our written consent or as otherwise provided by other relevant policies of this Platform, once the payment obligation is generated, it cannot be cancelled, and the fees paid will not be refunded. If there are any government-stipulated taxes, you shall be responsible for paying all taxes related to your use/activation of the service.

7. Export Control and Sanctions

You undertake to comply with the export control and sanctions laws and regulations of the People's Republic of China and other applicable export control and sanctions laws and regulations. You undertake not to use the products or services provided by this Platform for military, weapons of mass destruction-related purposes, nor to use the products or services provided by this Platform for purposes prohibited by applicable export control and sanctions laws and regulations. Without the permission of the relevant competent authorities, you and other individuals or entities authorized by you to use this Platform's services shall not provide controlled products, technologies, software, or services to destinations, entities, or individuals prohibited by applicable export control and sanctions laws and regulations through this Platform's services.

8. Privacy and Data Security

8.1 Privacy

Based on the relevant information you proactively provide to this Platform when registering, logging in, creating, and using an account, and performing real-name authentication of the account ("User Information"), in order to ensure your normal use of the relevant services of this Platform, we may collect, organize, and use the user information you provide. However, we will always comply with the "Personal Information Protection Law of the People's Republic of China" and other relevant applicable laws.

8.2 Data Security. We attach great importance to the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to break through our security protection measures.

9. Use of Third-Party Services

This service may contain links to third-party websites, materials, and services ("Third-Party Services") that are not owned or controlled by us. Certain functions of this service may require you to use Third-Party Services. We do not endorse or assume any responsibility for any Third-Party Services. If you access Third-Party Services through this service or share your Interaction Data on any Third-Party Service, you do so at your own risk, and you understand that this Agreement does not apply to your use of any Third-Party Services. You expressly release us from all liability arising from your access to and use of any Third-Party Services.

10. Indemnification

You shall defend, indemnify, and hold harmless us and our subsidiaries and affiliates and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (the "Nexhina Indemnitees") from any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees) arising from:

(a) Your access to and use of this service, including your use of any output;

(b) Your violation of any terms of this Agreement, including but not limited to your violation of any representations and warranties set forth in this Agreement;

(c) Your infringement of the rights of any third party, including but not limited to any privacy rights or intellectual property rights;

(d) Your violation of any applicable law;

(e) Interaction Data or any content submitted through your managed account (whether personal content or content shared with others), including but not limited to any misleading, false, or inaccurate information;

(f) Your intentional or grossly negligent acts;

(g) Any third party's use of your username, password, or other authentication credentials to access and use this service.

11. Disclaimer

You assume all risk of using this service. We expressly disclaim any express, implied, or statutory warranties, conditions, or other terms, including but not limited to those related to merchantability, fitness for a particular purpose, design, condition, performance, utility, title, and non-infringement. We do not warrant that this service will be uninterrupted or error-free, nor that all errors will be corrected. In addition, we do not warrant that this service or any equipment, system, or network related to the use of this service will not be subject to intrusion or attack.

Any content you download or otherwise obtain through the use of this service is obtained at your own risk. You shall be solely responsible for any damage to your computer system or mobile device and any data loss caused by the above or your access to and use of this service. In addition, Nexhina does not provide any warranty, endorsement, guarantee, recommendation, or assume any responsibility for any products or services advertised or provided by any third party through this service or any hyperlinked website or service. Nexhina does not participate in or monitor any transactions between you and any third-party product or service provider in any way.

12. Limitation of Liability and Disclaimer

Nexhina shall not be liable in any event for the following damages:

(a) Indirect, incidental, punitive, special, or consequential damages;

(b) Loss or damage of data, or business interruption or loss caused by third parties;

(c) Loss of revenue, profit, goodwill, or expected sales or income arising from the use or inability to use software or other products under any law, even if Nexhina has been advised of the possibility of such losses.

The total liability of Nexhina and its affiliates, officers, directors, employees, agents, suppliers, and licensors to you (whether based on warranty, contract, or tort (including negligence)), regardless of the cause or form of action, shall not exceed the fees you have paid to Nexhina. Nothing in this Agreement shall limit or exclude any liability that cannot be limited or excluded by applicable law.

14. Applicable Law and Dispute Resolution

This Agreement shall be governed by the laws of the People's Republic of China (for the purposes of this Agreement only, excluding the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region).

In the event of any dispute arising from the performance of this Agreement, both parties shall resolve it through timely consultation. If consultation fails, both parties shall have the right to submit the dispute to the Beijing Arbitration Commission for arbitration in accordance with the then-effective arbitration rules. This clause incorporates such arbitration rules into this Agreement. The language of arbitration shall be Chinese. The place of arbitration shall be Beijing. The arbitral award shall be final and binding on both parties.

15. Other Terms

15.1 Transferability You shall not transfer this Agreement and any rights and licenses granted hereunder without our prior explicit written consent, but we may transfer this Agreement without restriction. Any transfer in violation of this Agreement shall be void.

15.2 Severability If any term or part of a term of this Agreement is invalid or unenforceable, it shall not affect the validity of the other terms of this Agreement. The invalid or unenforceable term shall be deemed to have been deleted from this Agreement.

15.3 Revision from Time to Time In accordance with changes in relevant laws and regulations and the operational needs of Nexhina, we will revise this Agreement from time to time. The revised Agreement shall supersede the Agreement before revision. When using the platform service, you should promptly review and understand the revised Agreement. If you continue to use this service, you are deemed to have agreed to the revised content. In the event of a relevant dispute, the latest user agreement shall prevail. If you do not agree to the revised content, you have the right to stop using the services under this Agreement.

1.1 Account and Real-Name Authentication#

1.2 Change, Suspension, and Termination#

2. Service Access and Service Restrictions#

2.1 Service Access#

2.2 Service Restrictions#

3. Interaction Data#

4. Intellectual Property#

4.1 Nexhina's Intellectual Property#

4.2 Output#

4.3 User Usage Data#

4.4 Feedback#

5. Confidential Information#

6. Billing Policy and Taxes#

7. Export Control and Sanctions#

8. Privacy and Data Security#

8.1 Privacy#

9. Use of Third-Party Services#

10. Indemnification#

11. Disclaimer#

12. Limitation of Liability and Disclaimer#

14. Applicable Law and Dispute Resolution#

15. Other Terms#