Terms of Service|PolyBuzz

Last Updated: February 12, 2026

Directory

YOUR ACCEPTANCE OF THESE TERMS
Age Restrictions and Verification

III. USER PRIVACY

IV. CHILDREN PROHIBITION & PROTECTION

V. OUR SERVICES, SUBSCRIPTION AND PAYMENT

VI. USER’S ACCOUNT

VII. USER CODE OF CONDUCT

VIII. COMMUNITY GUIDELINES

IX. PRICE, SUBSCRIPTION AND PAYMENT

X. THE COMMUNITY CONTRIBUTOR PROGRAM

XI. INTELLECTUAL PROPERTY

XII. DMCA (COPYRIGHT) COMPLIANCE POLICY

XIII. MODIFICATION AND TERMINATION

XIV. DISCLAIMER

XV. INDEMNIFICATION

XVI. GOVERNING LAW AND DISPUTE RESOLUTION

XVII. CONTACT US

Thanks for using PolyBuzz.ai

These Terms of Use (as amended from time to time, the “Terms”) are applicable to website: PolyBuzz.ai, an online AI chatting web service, and related contents, features and functionality (together, the “Web Services”) provided to users (“you” or “your”) by PolyBuzz.ai, which is operated by Cloud Whale Interactive Technology LLC in the United States and supported by our affiliated companies (if any)(collectively such entities will be referred to as “we”, “our” or “us”).

Your Acceptance of These Terms

These Terms form a contract between you and us, which does not require any physical, electronic or digital signature. Your consent to these Terms constitutes the prerequisite for you to use Web Services and/or our Services, so please read these Terms carefully before using.

Use of Web Services (including but not limited to download, installation, browse, activation, registration, login, use, paying for use) by you signify your agreement to these Terms. If you do not accept these Terms, you shall not use Web Services in any manner.

Any user who has not created an account with Web Services will become a non-registered user from the moment Web Services is used by them, and shall abide by all the terms herein other than those applicable to registered users.

These Terms contain important provisions on purchase and payment. All purchases and payments with Web Services must be operated by an adult. Also, an identity verification process may be put in place to avoid a child user’s operation by mistake or accident. Pursuant to these Terms and subject to applicable laws, users are not entitled to any refund for a completed purchase without due reason. To the maximum extent permitted by applicable laws, no refund request will be accepted for our Services on the ground of a child user’s purchase or payment by mistake or accident.

If you continue to use Web Services and/or our Services after these Terms have been updated, you shall be deemed to have agreed to be bound by the updated version hereof. If you do not agree, you shall cease using Web Services, or you may use the pre-update version (but only to the extent technologically plausible).
Age Restrictions and Verification

You must have reached 18-year-old to use PolyBuzz and/or our Services. PolyBuzz and/or our Services strictly prohibit for minors (less than 18-year-old) worldwide.

When you first use PolyBuzz, whether as a guest or intending to register, you must enter your date of birth. By doing so, you confirm that the information you provide is accurate and truthful. If you enter an incorrect birthdate by mistake, you can correct it later, but only after you become a registered user. Guest users cannot change their birthdate after it is submitted. If we determine that the birthdate you provided is false, we reserve the right to suspend your access to PolyBuzz, either temporarily or permanently, at our sole discretion. Access to content is based on your age: 1) Users above 18 years old can access the full range of AI-generated content (some features may require a subscription); 2) Users under 18 years old will be denied for services.

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Mandatory Age Verification in United Kingdom (UK)

To comply with UK Online Safety Act and ensure a safe experience for all users, we require you to complete an age verification process before accessing PolyBuzz. The Age verification process is carried out by independent third-party providers (Ondato and Yoti) authorized to perform such checks in the United Kingdom. The provider may request limited personal information (such as date of birth or government-issued identification) to confirm your age. You must provide accurate, complete, and current information during the verification process. If inaccurate or misleading information is provided, your access to the App may be suspended or terminated. If you are under the minimum age required to use certain features under UK Online Safety Act, or if your age cannot be verified, access to those features will be restricted. We are not responsible for any technical delays, errors, or failures caused by the third-party provider during the verification process.

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User Privacy

We attach great importance to the protection of user personal information. We will collect, use, preserve and share your and/or your child’s personal information in accordance with these Terms, our Privacy Policy and applicable laws. We may synchronize your and/or your child’s personal information among your different mobile devices, in order to provide you with better services.

You shall read and agree to our Privacy Policy before using Web Services. Using Web Services suffices the consent to our Privacy Policy. If You do not agree to the terms thereof, you shall immediately stop accessing or using Web Services.

For details, please review our Privacy Policy.
Children Prohibition & Protection

We attach great importance to protect children, especially in the Age of AI. In accordance with applicable laws, you acknowledge and undertake that you are an adult. When you first use PolyBuzz, whether as a guest or intending to register, you must enter your date of birth. By doing so, you confirm that the information you provide is accurate and truthful. If we discover or with reasonable believe that you are a minor (less than 18-year-old), we will immediately deny services to you, and your account will be suspended unless you can provide sufficient evidence that you are an adult.
Our Services, Subscription and Payment
1. For purpose of these Terms, Web Services and/or our Services include: AI Chatting:

You can create AI character(s) via our AI algorithm, you can chat with AI character(s) created by you or other uses via Web Services;
Premium services: If you subscribe to our value-added paid services, you will become a premium service member and receive more quota and functions; and
Our other services provided to users.

5.2 The official Web Services is available on our website. We do not recognize the validity of any products and/or services that you have obtained through any other channels, or any products and/or services not within our official price range. We shall have the right to refuse to provide services to users of such products and/or services. All risks and liabilities arising therefrom shall be assumed by you. If you are not able to determine whether a particular channel is authorized or whether a particular product and/or service are our official Services, you may contact us.

5.3 You shall only use our Services provided in Web Services, and any contents separated from Web Services by malicious and/or illegal means shall not be deemed as Web Services and/or our Services as agreed herein. All legal consequences arising therefrom shall be borne by the perpetrator, and we will seek legal recourses against them in accordance with applicable laws.

5.4 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license (for details, please read our End User License Agreement “EULA”) to access and use Web Services and/or the search feedback derived therefrom (the “Derivative Contents”); however, you have no title or intellectual property rights in any of the Derivative Contents.

5.5 We reserve the right to stop or amend any of our Services in our sole discretion without prior notice to you. We will not be liable if for any reason all or any part of Web Services and/or our Services are unavailable at any time. From time to time, we may restrict all or any part of any user’s access to and/or use of Web Services and/or our Services.

5.6 Use of Web Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require completing updates or upgrades from time to time, so your ability to access and use Web Services may be affected by those factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

5.7 When using Web Services, you may access data or services provided by third parties (such as payment channels, third-party web links and third-party SDKs). You understand and agree that we will not be responsible for any liabilities arising out of or in connection with any third-party products and/or services, except as otherwise provided by applicable laws. You are kindly reminded to carefully read the service terms, privacy policies and other agreements from the third parties before using any of their products and/or services.

User’s Account

6.1 Account Registration

To fully access and use Web Services, you can choose to log in through your Google, Apple or Facebook account, after which a Web Services account will automatically be created for you. You can also choose to create an account by using your email, after which you need to follow account creating steps to create a Web Services account.

At the beginning of the account creating process, all uses must provide accurate and authentic information of the user’s age. Any user under 18 years old or the minimum age legally permitted in your jurisdiction to use services (including but not limited to online/offline computer software, commercial/non-commercial services, paid/non-paid services) is prohibited to use PolyBuzz in any way.

As a requirement for accessing and/or using Web Services, we may collect and process your personal data (including without limitation your username, uploaded pictures or input texts, payment records, device information and log information). It is a condition to your access and/or use of Web Services that the information you provide to us be correct, current, updated and complete at all times, and do not contain any contents that violate applicable laws, social custom, or that infringe any rights or interests of ours and/or others. You agree that all information you provide to register with Web Services is governed by the Web Services Privacy Policy, and you agree to all actions we take with respect to your information consistent with the Privacy Policy and applicable laws. You acknowledge that you have read and understood the Privacy Policy and you consent to our collection, processing, and disclosure of your personal information for the purposes set out in the Privacy Policy.

If you choose, or are provided with, a user’s name or any other piece of information as part of our security procedure, you must treat such information as confidential, and you should be careful not to disclose it to any other person. You acknowledge that your account is personal to you and agree not to provide any other person with access to Web Services using your user’s name or other security information. You shall be responsible for all actions taken under your account. You agree to notify us immediately of any unauthorized access to or use of your Web Services account or any other actions that may cause breach of security.

We have the right to disable any user’s name or other identifier, whether chosen by you or provided by us at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You understand and agree that the only legal way to obtain a Web Services account is to register through authorized channels. We do not guarantee the legitimacy or the functionality of any Web Services account obtained through unauthorized channels, and you shall take full responsibility for any deletion, cancellation, reset and suspension of the account arising therefrom.

6.2 Account Management

You can log in through a Google or Apple account, or the account created by yourself. You are not allowed to register any Web Services account by using false information, impersonating someone else or using someone else’s social media account. In case that you violate the above representations, we reserve the right to terminate our Services to you and to take proper actions (e.g., warning, restricting or prohibiting the use of any or all of the Web Services functions, terminating or deleting your account). We do not take any responsibility for any losses arising from your failure in providing true and accurate information or updating the information in a timely manner.

You understand and agree that the registration information submitted by you, such as user’s name and profile picture shall not contain any contents that violate applicable laws, social custom or that infringe upon the rights and interests of ours or others (check details at DMCA Compliance Policy at Section XII below). We have the right to review the legality of the registration information submitted by you, and we have the right to deny your registration. If an account has been registered, or if the registration information submitted by you is illegal or undesirable, we have the right to take measures such as giving you a warning, requesting for correction within a time period, and suspending or permanently terminating the account without notice, and all liabilities arising therefrom shall be borne by you.

You understand and agree that you will not maliciously register a Web Services account by any means or use Your Web Services account for illegal activities, disrupting, harassing, deceiving other users and/or other acts in violation of these Terms. We have the right to take due measures against your violation such as giving you a warning, requesting for correction within a time period, and suspending or permanently terminating your account. All liabilities arising therefrom shall be borne by you. Subject to applicable laws, we also have the right to report such acts to law enforcement or regulatory authorities.

6.3 Protection of Account

You understand and agree that ownership of your Web Services account is vested in us and that you only have limited access to it (for details, please read the EULA). You shall take responsibility for all actions taken under your account, and you shall keep the account secure, and shall not give, transfer, lend, lease, sell, share or use the account with others, or engage in any monetary transactions. Otherwise, we reserve the right to take proper measures for your violation, and all liabilities arising therefrom shall be borne by you.

If you find that your account has been stolen or has been used in an unusual and/or illegal manner by a third party, you shall immediately notify us; otherwise, all actions under your account will be deemed as your own. When you contact us, please provide evidence of your identity defined by applicable laws. If your identity is unverifiable, you may fail to pass the account security verification, as a result of which the account may not be retrieved and the relevant risks and losses arising therefrom will be borne by you.

6.4 Deletion of Account

You may delete your Web Services account at any time through our onsite deletion request (Setting – Account – Delete). Please note that deletion of an account is irreversible, and that, once you delete the account:

you will not be able to log back in or use any of our Services as a registered user;
you are deemed to have voluntarily waived all your existing rights and interests in connection with the account (including but not limited to your right to use value-added services).

We cannot help you retrieve any content or information related to your account, such as your personal information and use records. You will not be able to continue to use the services which you have purchased even if you register a new Web Services account. Please proceed with caution. You are recommended to back up all information and data relating to the account before deletion.

Your Web Services account shall meet all the following conditions in order to be deleted:

it is not associated with any dispute;
there is no outstanding charge or issue with it; and
the premium services purchased under the account have expired.

If your Web Services account is associated with any dispute (including but not limited to complaint, whistle-blowing, litigation, arbitration, investigation by any government agencies or authorities), after you submit the deletion request, we have the right to suspend or terminate the deletion process.

Please note that deletion of your Web Services account shall not release you from any liability arising out of or in connection with your use of the account prior to deletion.

User Code of Conduct

7.1 User Rights
1. You may only use Web Services for lawful purposes and to the extent expressly authorized by these Terms. During use of Web Services, you has the right:

to provide us with comments and suggestions related to our Services, so as to help us provide better services to you.
to upload a picture as a profile picture, subject to these Terms. You shall not upload any contents that:
1. are in violation of applicable laws and regulations;
2. are in contravention of good social custom;
3. infringe on our or any third party’s intellectual property rights and other interests;
4. defame others, involve sexual harassment and racial discrimination or are harmful to minors;
5. contain any virus that may damage the computer system of ours or any others;
6. displaying advertising or other commercial promotional information; or
7. contain other inappropriate contents.
  
  In case that the contents that you upload are suspected of involving illegal, infringing, or otherwise unpermitted contents, we may take measures such as rejecting the upload, directly blocking and/or deleting relevant information, without prior notice. All adverse consequences shall be borne by you. We will not take responsibility for any losses caused by your and/or your child’s violation of applicable laws. You shall also be responsible for eliminating the impact and compensating us for all losses arising therefrom, including but not limited to property damages, compensation for defamation, legal and counsel fees, and other reasonable fees we incur for the protection of our rights.
  
  We are under no obligation to examine or verify any contents posted by you and/or your child, and we assume no responsibility relating to any such contents nor do we assume liability for breach of any of your and/or your child’s obligation(s) under these Terms. Notwithstanding the above, you understand and agree that we have the right to store the contents you upload. You hereby authorize us to reasonably access and use the contents you and/or you child upload for purposes including but not limited to product analysis. You understand and agree that we reserve the right to delete any contents that you upload if such contents violate applicable laws, and we will not assume any responsibility if such deletion has an adverse impact on you and/or your child. You are kindly reminded that any contents you upload shall be backed up if such contents are very important to you.
  
  You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmission or data, any material or data sent or received or not sent or received through Web Services. Further, we shall under no circumstances be liable for any unlawful act of you including but not limited to misuse of any data, unfair trade practices, fraud, cybersquatting, hacking and other cyber-crimes punishable under applicable laws.
  
  7.2    User Obligations
  
  7.2.1    You understand and agree that you shall bear any and all telecommunication traffic charges (if any) occurred from your and/or your child’s use of Web Services or our Services, and the telecommunication fees may be charged directly by network operators.
  
  7.2.2    You understand and agree to abide by these Terms, review regularly and comply with all Terms of Use published and updated.
  
  7.2.3    You understand and agree that, during use of Web Services, you shall comply with applicable laws, observe public order, respect social morality, and shall not endanger network security or use the Internet to engage in illegal activities. In the event that we reasonably believe that you have violated any applicable laws, we may terminate our Services to you without prior notice.
  
  7.2.4    You understand and agree that you shall not engage in any of the following activities during use of Web Services:
  1. upload, transmit and spread any contents in violation of applicable laws;
  2. harm, exploit, or attempt to exploit others in any way;
  3. impersonate any person, or falsely state or mislead any person, to believe that he or she is related to or affiliated with any person or institution;
  4. falsify or otherwise manipulate the chatting materials in such a way that it is mistaken for being transmitted by us; upload, post, or otherwise publish unlicensed or illegal contents (e.g., infringing materials or confidential information);
  5. Upload, post, or otherwise transmit advertising or promotional materials, “junk mail” and so on;
  6. upload, post, or otherwise transmit software viruses or other computer codes, files, and programs that interfere with, damage, or restrict the functionality of any computer software, hardware, or communication device;
  7. track or otherwise harass others, e.g., illegally invading others’ networks, interfering with the normal functions of others’ networks, stealing network data and perform other acts endangering network security;
  8. provide others with programs and tools used for network intrusion, interference with normal network functions and protective measures, stealing network data, and conducting other activities endangering network security, or provide technical support, advertising promotion, payment and settlement and other assistance to others who are known having engaged in activities endangering network security;
  9. interfere with or disrupt Web Services or the servers and/or networks connected to Web Services, or fail to comply with the Terms of Use hereof;
  10. reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of Web Services;
  11. violate any applicable laws, regulations, rules, policies and other legally effective norms in any manner;
  12. use any manual process to monitor or copy Web Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
  13. use any device, software, or routine that interferes with the proper working of Web Services;
  14. introduce any viruses, Trojan horses, worms, logic bombs, or other materials that is malicious or technologically harmful;
  15. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services;
  16. in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; or
  17. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Web Services and/or our Services, or which, as determined by us, may harm or offend us or other users or expose them to liability.

7.2.5 You understand and agree that subject to applicable laws, your and/or your child’s violations of applicable laws and these Terms, and infringement of our or other third-party’s rights and interests will be recorded by our device at back-end office and may be submitted to the relevant government authorities as evidence.

Community Guidelines

8.1 General

It’s paramount to us that the stories, ideas, experiences, and perspectives shared on Web Services help nurture an inclusive and tolerant community. We’ve developed these Community Guidelines (“Guidelines”) as a way to help you understand the types of contents to avoid in order to help us achieve this. All users are expected to understand the spirit embodied herein, and work with us to uphold it. So, please be conscious of and acknowledge other users’ sensitivities and viewpoints, and try to contribute positively to the conversations, rather than detract from them.

By access or using Web Services, you agree to uphold these Guidelines and to be bound by them. These Guidelines are hereby incorporated by reference into our Terms of Use. Any violation of these Guidelines may result in the removal of your User Contents (as defined in our Terms of Use), the temporary suspension or permanent termination of your account, and/or potential civil, administrative, or criminal liabilities.

8.2 Community Rules

The following are rules that everyone on Web Services should comply with.

Do not send, submit, post, or share any content that:
1. promotes or depicts illegal violence or graphic imagery;
2. encourages, promotes, or depicts self-harm or suicide;
3. depicts pornography or sexual acts (including intercourse, masturbation, and sexual nudity) or solicits sexual content or activity. We also have zero tolerance for any form of child nudity and child sexual exploitation;
4. targets a person or group of people on the basis of their protected characteristics (including without limitation, race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity, and serious disease) with hate, violent, dehumanizing, mocking, disparaging speech or other statements of inferiority;
5. has an unlawful purpose or furthers illegal activity, as you are required to comply with all applicable laws and regulations regarding online conduct and acceptable contents;
6. in violation of applicable laws, attempts to ask for, buy, sell, trade, donate, gift (i) firearms, firearm parts, ammunition, explosives, or lethal enhancements, (ii) non-medical drugs, pharmaceutical drugs, or marijuana, (iii) endangered species (wildlife and plants), (iv) human blood or human organs, (v) alcohol, (vi) tobacco, (vii) historical artifacts, (viii) hazardous goods and materials, and/or (ix) other regulated or restricted goods and services; intends to impersonate a person or brand with the intent to mislead, confuse, or deceive others;
7. infringes on another’s personal, property or any other legitimate rights or interests. Notices of alleged infringement or violation will be dealt with in accordance with our Terms of Service.
Do not engage in any dialogue, behavior or conduct that:
1. expressly or impliedly threatens or encourages any form of physical violence against an individual or a group of people, including threatening or promoting terrorism;
2. intends to incite, facilitate, or engage in the targeted harassment, abuse, discrimination of others;
3. discloses or threatens to disclose someone’s personally identifiable information, contact information or other personal information without their consent;
4. spams other users or attempts to manipulate the Web Services platform;
5. deceives others to generate a financial or personal benefit to the detriment of a third party through investment or financial scams, inauthentic identity scams, product or reward scams, gambling, and other schemes of similar nature;
6. repeatedly contacts or sends contents to a user against their will;
7. attempt to compromise user accounts, profiles, or other Web Services feature, abuse our products or services, gather sensitive information through deceptive means, or attempt to engage in unauthorized access;
8. seeks to evade a temporary suspension or permanent termination. All suspensions and terminations on Web Services apply to the account holder. Any attempt to circumvent suspensions or terminations by creating additional accounts will result in the permanent disabling of such accounts.
With support from our users, we endeavor to keep our community safe, strong, and vibrant. Here is how you can help:
1. Try to be tolerant and understand the diverse opinions and viewpoints that are expressed by the AI characters and/or other users. If you find yourself in disagreement, it can often be resolved by simply disengaging from the back and forth with the AI character and/or individual(s) involved;
2. With regards to a conversation with an AI character, (i) the creator of that AI character may delete any comment or reply, and may block any other user from viewing that AI character or from interacting with the creator, (ii) a user may delete any of their own comments (together with all replies to the comment) or relies;
3. If you find contents that offend you or that you simply don’t like, but that don’t necessarily violate these Guidelines or applicable laws, you may unfollow the AI character or block its creator.

8.3 Report of Issue(s) of Community Guidance

For any issue, including but not limited to a violation of this Guidance, that can’t be addressed through the above means, you can notify us via email (see Contact Us section below). Please provide as much detail as possible, including links, usernames, and a description of the issue you’re having. We will respond as soon as we possibly can.

Price, Subscription and Payment

9.1    We will charge you fees for our value-added premium services and in-app purchase of in-game “Coins”.

9.1.1    For iOS, premium services are available in monthly plan with multiple service level choices. Please refer to the value-added Services and in-app purchase page for details on the plan rates. All rates indicated on such page are for our paid Services only and are exclusive of any taxes, charges, or fees that may be levied on your purchase. All rates indicated on such page are subject to changes with or without expressive notice.

For iOS, in-app tokens are available for in-app purchase or on website purchase. All token bundles and prices are indicated on such page and subject to changes with or without expressive notice.

Please note that a plan for the premium services will be automatically renewed unless it is cancelled on or before the last day of the subscription period. As a result, we will bill you on the date of subscription and on each periodic renewal until cancellation.

9.1.2    For Android users, the premium services are available in monthly plan with multiple service level choices. All rates indicated are for our paid Services only and are exclusive of any taxes, charges, or fees that may be levied on your purchase. All rates indicated on such page are subject to changes with or without expressive notice.

9.2    We establish different rate standards depending on plans and may adjust the rates from time to time at our sole discretion.

9.3    You fully understand and agree that, the scope of our Services you have paid for is limited to those as described at the time of payment. Web Services and/or our Services may be updated or expanded from time to time. You need to make additional payment for such updated or expanded services, at the then effective price notified by Web Services.

9.4    If we come across any typographic errors with respect to pricing or services information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you within 90 business days of such corrective action taken.

9.5    You hereby confirm that you are not registered or required to be registered under the applicable laws and regulations governing goods and services tax (GST). Accordingly, you confirm that the goods and services tax is not applicable to the services provided by and/or to you through Web Services.

In the event that the goods and service tax is applicable on the services provided by and/or to you, you shall inform us about the same no less than 14 days in advance through written communication sent to us (see Contact Us section below) along with details of your tax identification number assigned to you by the relevant tax authorities for the purposes of goods and services tax. Upon receipt of the written information, we shall collect goods and service tax at source in terms of the provisions of the local applicable laws at the relevant point in time and pass on the credit to you by filing the relevant returns.

It is hereby confirmed that we shall not be responsible for any of your tax liability arising from the services rendered by you through Web Services.

Further, in case of any tax, penalty or any other costs incurred by us due to non-compliance or non-communication or any other action or omission attributable to you in relation to the aforementioned aspects on goods and service tax, such implications including but not limited to taxes, interest and penalties, shall be immediately reimbursable by you to us.

9.6    You understand and agree that your payment for the aforesaid services includes payment to us via a third-party payment SDK (such as Apple Pay, Google Pay, Stripe, etc.) that we have access to, and you can complete payment through third-party app stores such as Apple App Store.

9.7    You understand and agree that any possible commercial risks arising from the use of third-party payment methods may cause economic losses to you. We shall not be liable for any of the aforesaid risks and losses caused to you as long as we fully perform our obligations under these Terms and comply with applicable laws. You are kindly reminded to carefully read the service agreement, privacy policy and other legal documents of the third parties before using their services.

9.8    You may cancel your subscription at any time. To do so, please follow the “Settings” – “Help Center” path.

You must be aware: Because all subscription payments are through a third-party payment vender (such as Apple Pay, Google Pay, Stripe, etc.), upon a cancellation being requested, some of your personal information will be collected and transferred to the third-party payment vender you used to ensure an accurate cancellation. The personal information to be collected and transferred will include, but not limited to, days of your account registration, active hours of your account, the in-app virtual merchandise you have purchased, usage of your purchased in-app virtual merchandise, value of your purchased in-app virtual merchandise, etc.

9.9    You understand and agree that, subject to applicable laws, any user payment made in accordance with our rates and policies will not be refunded, even if the subscription is subsequently cancelled.
The Community Contributor Program
1. The purpose of the Community Contributor (“CC”) program: We value the content created by users and acknowledge the efforts that uses dedicated during the process of creating and maintaining virtual characters. The CC program is our appreciation to all users.
2. Qualification: To be qualified as a CC, users must earn enough in-game “Poins”. For every two (2) Coins other users spend directly on the character(s) created by the CC, the CC will be awarded one (1) Poins. Users can earn Poins through unlimited number of characters they created. A user who has accumulatively collected minimum 100,000 will be qualified as a CC.
3. Reward: Reward is exclusively for CCs. CCs may spend Poins to exchange rewards. The maximum amount of Poins can be spent in one (1) exchange cannot exceed eighty percent of existing Points in the account. The minimum amount of Poins in an account to trigger an exchange is 100,000. The exchange ratio is subjected to the in-app notification, and can be modified by Web Services at any time without an expressive notice.
4. Refund: When a user receives refund of Coins they have spent, Poins earned from those refunded Coins will be subtracted accordingly. No notification will be sent to the owner of the Coins when a refund happens. Users may review history of Poins in “Earning Details” to confirm Poins being earned or refunded.
Intellectual Property
1. Except as otherwise expressly indicated, provided herein or stipulated under applicable laws, all the intellectual property rights (including without limitation patent rights, trademark rights, copyrights, trade secrets) of the contents we offer (including but not limited to any webpages, texts, pictures, audios, videos, charts, interface designs, layout frames, data and procedures, codes, files, animations) shall belong to us. All the intellectual property rights of the contents generated during your use of Web Services and/or our Services shall belong to us in accordance with applicable laws, and you shall not, without our written consent, implement, use, or otherwise exploit such intellectual property, information, or materials in any manner.
2. Unless otherwise expressly provided herein or stipulated under applicable laws, all copyrights, patents, trademarks, and other intellectual property rights of the software on which we rely to provide Web Services and/or our Services shall be ours. Without our prior written authorization, you shall not use (including but not limited to copying, disseminating, displaying, mirroring, uploading, downloading, modifying, leasing, operating through any robot, spider or other program or device), modify, adapt or translate the software, technology or materials used by Web Services, or create products or derivatives relating to Web Services, or provide any part of or all Web Services to any third party, or obtain source code of Web Services through reverse engineering, decompilation, disassembly or other similar actions; otherwise, we have the right to hold you liable for any losses caused to us and/or others, and to report the above actions to the law enforcement or regulatory authorities as appropriate.
3. AI Contents
  1. As you use Web Services, some answers, responses, comments, suggestions, or other forms of feedback will be generated by the AI-based computer system (“AI Contents”). You understand and acknowledge that all AI Contents are the products of AI computer programs, and we cannot predict, edit or control the creation and substance of AI Contents. You understand and acknowledge that Web Services is not responsible for the accuracy of the AI contents.
  2. Pursuant to applicable laws and regulations, Web Services owns the intellectual property rights of the AI Contents that are generated as a result of and during your use of Web Services. To the extent that we are the intellectual property rights owner of such AI Contents, you are forbidden to use such AI Contents for commercial purpose without Web Services’s expressive consent.
  3. You acknowledge and accept that the AI language model in Web Services may evolve based on user inputs, and thus impressions, values and biases received from Web Services may be perpetuated or reinforced. All ideas, thoughts, feedback, responses, contents expressed in Web Services are in no way attributable to us and/or our directors, executives, employees, and agents, and any potential liability for such contents and/or their expression is hereby explicitly excluded to the fullest extent permitted by applicable laws. In particular, we will not be responsible for any risk that is inherent in the operation of AI language model, including without limitation:

providing false, inaccurate or incomplete information on any subject that you may raise;
providing contents or materials that might be offensive, deceptive, harmful, or otherwise inappropriate;
making discriminatory statements (as a result of machine learning) against certain individuals or groups of people;
giving information that may cause distress to an individual or affect an individual’s self-esteem; and
inciting violent behaviors against another person or group or other illegal actions.
1. You shall not under any circumstances use, delete without permission, cover up or alter any of our business logos including but not limited to the logo “Web Services” (including the text, graph, and combination of our and affiliated company’s logo, “Web Services”, and the name of other logos, signs, and/or our Services), service marks, trade names, domain names, website names or other distinctive brand characteristics (the “Logos”). Without our prior written consent, you shall not display, use, or apply for the registration of trademarks, domain names, etc. individually or in combination with any ways, nor shall you express or imply to others that you have the right to display, use, or otherwise have the right to dispose of such Logos, nor shall you engage in any other acts that would mislead others to believe that you are associated with such Logos. You shall be held fully liable for all losses and damages caused to us and/or others by you as a result of the use of such Logos in violation of these Terms.
2. You represent that all texts, images, data, information, and other contents (“Licensed Contents”) uploaded by you to Web Services are owned by or legally authorized to you and that you have the right to upload the Licensed Contents as you do. You hereby authorize us to use such contents in the manner as agreed herein. The intellectual property rights of any contents uploaded by you shall belong to you or the original copyright owner per applicable laws. In case that any dispute arises out of or in connection with any Licensed Content uploaded by you and/or your child, you shall be solely responsible for resolving such dispute and all subsequent liabilities arising therefrom. In case that any third party claims any rights and/or interests in the Licensed Contents against us, you shall actively defend against the third party, on our behalf or, at our request, provide us with all necessary cooperation and assistance in defending against such third party (including but not limited to the provision of supporting documents, materials, information, etc. relating to the Licensed Contents). In case that any loss is caused to us as a result of any infringement or any other defects in rights of the Licensed Contents uploaded by you and/or your child, you shall compensate us for all losses caused thereby.
3. You understand and agree that, from the date of uploading the Licensed Contents to Web Services and subject to applicable laws and our privacy practices, you grant us a permanent, irrevocable, free of charge, perpetual, non-exclusive, sublicensable (multi-tiered) license (including but not limited to, all intellectual property rights such as the right of reproduction, communication through information networks, adaptation, compilation, modification, translation, making derivatives, performance and display except for the right of signature) to use the Licensed Contents worldwide, and to use, develop or license all or part of the Licensed Contents in any analysis of our Services. The scope of our rights includes, but is not limited to, all uses on all applications and end devices that may be available at present or in the future, such as smartphones, tablets, PCs, smart watches, smart screens, smart speakers, etc.
  
  For the avoidance of doubt, the above license includes the use, reproduction, display and dissemination of the Licensed Contents owned by or licensed to you for the purposes and in the manners permitted under these Terms.
4. You acknowledge and agree that we have the right to act in our name or in the name of your trustee or entrust others to protect the rights of the Licensed Contents that are infringed, and the actions we may take include, but are not limited to monitoring the infringing actions, sending letters, initiating litigation or arbitration, mediation, settlement, etc. In such case, you further agree that we have the right to make decisions and take actions as we deem fit; at our request, you shall actively provide necessary assistance (including but not limited to providing supporting documents, materials, information) to support our actions and all compensation (if any) obtained from the actions to protect the Licensed Contents shall be shared with us in halves after deducting our costs incurred in connection with the actions.

DMCA (Copyright) Compliance Policy
1. General: This DMCA Compliance Policy ("Policy") outlines the procedures for addressing claims of copyright infringement in connection with the use of our mobile application (the "App") and web-based service (the “Web”). The App and the Web allows users to upload photos or pictures of characters, scenarios, background, or any imagine materials to create AI characters of users’ choice, and interact with AI-powered characters by texting or voice input. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to notices of alleged copyright infringement that comply with the DMCA and other applicable laws.
2. DMCA Notification of Claimed Infringement
  
  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a DMCA notification to our Designated Copyright Agent, as outlined below. Your notification must include the following information:
  
  a)    Identification of the copyrighted work that you claim has been infringed, or, if multiple works are involved, a representative list of such works.
  
  b)    Identification of the material that is claimed to be infringing and where it is located within the App (e.g., a link to the infringing content or other description to help us locate it).
  
  c)    Your contact information, including your full name, mailing address, phone number, and email address.
  
  d)    A statement that you have a good-faith belief that the use of the copyrighted material in question is not authorized by the copyright owner, its agent, or the law.
  
  e)    A statement, made under penalty of perjury, that the information provided in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
  
  f)    Your physical or electronic signature.
  
  Upon receiving a valid DMCA notification via email, we will acknowledge receipt and confirm acceptance of your request within five (5) business days. If your notification is submitted by mail, this acknowledgment may take up to ten (10) business days. We will inform you of the results of our investigation and our decision within 15 business days after you receive our confirmation of acceptance of your request.
  
  If, due to the complexity or volume of your request, the investigation cannot be completed within the 15-business-day timeframe, we will provide an estimated completion date. In most cases, investigations are expected to be resolved without needing an extension.
  
  If you disagree with our investigation and decision, you may submit additional evidence to support your claim within 30 calendar days. After this period, the investigation and decision will be considered final and closed, if no disagreement is received.
3. Designated Copyright Agent
  
  Please send your DMCA notification to the following Designated Copyright Agent:
  
  Designated Agent:    Cloud Whale Interactive Technology LLC
  
  Attn: Legal Department
  
  Mailing Address:     300 Delaware Avenue, Suite 210-2207
  
  Wilmington, DE 19801
  
  Email Address:     legal@mail.polybuzz.ai
  
  **************************************************
  
  -    Email notification is highly recommended and preferred;
  
  -    If you choose to mail to us, a certified mail with tracking number is required;
  
  -    We cannot guarantee you the acceptance of a regular mail, especially an international regular mail.
  
  **************************************************
4. Counter-Notification Procedures
If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent. Your counter-notification must include the following information:
1. Identification of the material that was removed or disabled and where it appeared before it was removed.
2. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification.
3. Your name, address, telephone number, and email address.
4. A statement that you consent to the jurisdiction of the federal district court for your judicial district, or if you are outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of that person.
5. Your physical or electronic signature.
1. Termination of Accounts
  
  We reserve the right, in our sole discretion, to terminate accounts or access to the App and/or the Web of users who are repeat infringers or are repeatedly charged with copyright infringement.
2. Misrepresentation of Claims
Any person who knowingly materially misrepresents that content is infringing may be subject to liability. We reserve the right to seek damages, including costs and attorney's fees, from any person who submits a false claim of copyright infringement.
Modification and Termination
1. In accordance with the development of our business and to the maximum extent permitted by applicable laws and subject to the fulfillment of any mandatory requirements, we may change, suspend, or terminate Web Services and/or our Services at any time and from time to time, in which event we shall not be liable for breach of contract to you or any third party.
2. We have the right, for a good cause, to suspend or terminate your account or right to access or use Web Services, or to delete or transfer what you have uploaded to or stored in Web Services.
3. You understand and agree that you will not be able to log in to your Web Services account or check information in the account after we terminate our Services to you and/or your child. In such case, we will stop collecting and using your or your child’s personal information, and delete any information collected about you and/or your child, but other anonymized data and other data stipulated by laws and regulations will continue to be kept. Termination of our Services to you will not prejudice your liability for breach of contract or any other cause to us and/or any third party prior to termination.
4. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership and intellectual property rights provisions, disclaimers, indemnity and limitations of liability. Notwithstanding the foregoing, if you breach these Terms, our Privacy Policy, or our other rules and policies, we reserve the right to recover any amounts due and owing by you or to take legal actions including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you and/or your child.
5. We may amend these Terms at any time by posting the amended terms on Web Services. It is your responsibility to review these Terms periodically.
Your and/or your child’s continuously using of Web Services following the posting of the revised Terms signifies that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any change, as they are binding on you and/or your child. If you do not agree to the revised Terms, you are no longer authorized to use Web Services.
Disclaimer
1. YOU UNDERSTAND AND ACKNOWLEDGE THAT WEB SERVICES IS PROVIDED IN A FORM CONSISTENT WITH EXISTING TECHNOLOGY AND CONDITIONS, THAT WE CANNOT GUARANTEE THAT IT IS FREE FROM DEFECTS, AND THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES FOR WEB SERVICES AND/OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR CERTAIN PURPOSES, QUALITY, STABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, CONSISTENCY AND SAFETY. HOWEVER, WE UNDERTAKE TO CONTINUOUSLY IMPROVE THE QUALITY OF OUR SERVICES.
  
  WEB SERVICES IS NOT A MEDICAL, PSYCHIATRIC OR ANY OTHER PROFESSIONAL ADVICE PROVIDER, NOR SHOULD OUR SERVICES BE CONSIDERED MEDICAL, MENTAL HEALTH OR OTHER PROFESSIONAL SERVICES. ONLY YOUR PHYSICIAN, HEALTHCARE PROVIDER OR OTHER PROFESSIONALS CAN DO THAT. THEREFORE, WE MAKE NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT OUR SERVICES WILL PROVIDE A THERAPEUTIC OR OTHER PRACTICAL BENEFIT.
2. In order to optimize product functions, improve user experience, and safeguard product security, we may update or upgrade Web Services. In order not to affect your use of our Services, it is recommended that you update the software to the latest version.
3. To the fullest extent permitted by applicable laws, we do not provide warranties on the following matters:
  1. Due to technological limitations, we cannot guarantee that Web Services and/or our Services are fully compatible with other software, hardware and/or systems, even if we have made our best efforts. In case of incompatibility, you may contact our Help Center for technical assistance. If the problem cannot be resolved, you may uninstall and stop using Web Services;
  2. We do not warrant any matters related to the interruption of Web Services, data loss, account loss, and damage to data in your account and other losses or risks which may be caused by force majeure, hacker attack, system instability, network interruption, user shutdown, communication line, third-party service defect, government actions, and planning/adjustment/revision of Web Services;
  3. For Web Services software not downloaded and obtained from our official channels, we cannot guarantee their consistency, security and stability, nor can we guarantee that it has no computer virus, it has no disguised trojan horse program and other hacker software, nor do We assume any liabilities for any direct or indirect damages caused to you thereby;
  4. We do not guarantee the safety, reliability, timeliness and performance of Web Services;
  5. We do not guarantee that Web Services and/or any of our Services will meet your and/or your child’s expectations.
4. WE DO NOT UNDERTAKE ANY DIRECT, INDIRECT, INCIDENTAL, DERIVATIVE OR PUNITIVE DAMAGES FOR LOSS OF PROFITS, BUSINESS REPUTATION, INFORMATION OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING FROM:
  1. USE OR FAILURE IN USE OF WEB SERVICES AND/OR OUR SERVICES;
  2. ANY PRODUCT, INFORMATION OR SERVICE PURCHASED OR ACQUIRED THROUGH WEB SERVICES AND/OR OUR SERVICES;
  3. UNAUTHORIZED USE OR MODIFICATION OF USER DATA FOR ANY REASON THAT IS NOT CAUSED BY US;
  4. OTHER MATTERS RELATING TO WEB SERVICES AND/OR OUR SERVICES.
5. You shall take good care of your account. We shall not be liable for any loss, such as loss or decrease of the user’s rights and interests with regard to your account if the account is leaked, stolen or loss of usufruct for any reason not attributable to us.
6. We shall not be liable for any loss you incurred in connection with your failure in safeguarding your account or device, and/or any failure in retrieve of the account and the information thereunder due to lack of identity authentication or untruthful authentication information.
7. You understand and agree that you assume any and all risks associated with downloading and/or using Web Services and/or our Services and all consequences arising from the use of Web Services and/or our Services. To the maximum extent permitted by applicable laws, you shall be solely responsible for any damage to the computer system or loss of data caused by downloading or using Web Services.
8. You understand and agree that we have the right to make business changes, adjustments, and technical changes at our own discretion, and have the right to modify, suspend or terminate Web Services and/or our Services at any time, without notifying you, and without assuming any liabilities for you or a third party, unless otherwise provided by applicable laws or agreed by both parties.
9. Subject to applicable laws, we shall be entitled to delete, block, or disconnect links as appropriate for your and/or your child’s violation or suspected violation of applicable laws and these Terms in our own judgment, and stop providing services to you or terminate your account. We also shall have the right to keep relevant information in accordance with applicable laws and to report it to the law enforcement or regulatory authorities.
10. WE ARE ONLY RESPONSIBLE FOR THE DIRECT LIABILITY EXPRESSLY PROVIDED FOR HEREIN. UNLESS OTHERWISE PROVIDED HEREIN, THE TOTAL LIABILITIES THAT WE SHALL BE RESPONSIBLE FOR HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES CHARGED BY US FOR OUR SERVICES TO YOU AND/OR YOUR CHILD.
11. IN ADDITION TO SECTION 14.4 ABOVE, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR INTEREST, INTERRUPTION OF BUSINESS, LOSS OF MATERIALS) CAUSED BY ANY ACTS FOR ANY REASON WHATSOEVER, NO MATTER THE DAMAGES ARE FORESEEABLE OR NOT, AND REGARDLESS OF THE FORM OF CONDUCT.
12. To the extent permitted by applicable laws, you agree to defend (at our option), indemnify and hold us and our service providers, suppliers, and licensors, and each of our respective officers, directors, employees and agents, including all third parties mentioned, or included in Web Services and/or our Services, harmless from any and all claims, liabilities, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or damages, including without limitation to reasonable legal and accounting fees, resulting from or related to:

your breach of any provision of these Terms;
your use of Web Services and/or our Services; or
your violation, alleged violation, or misappropriation of any intellectual property rights.
1. By accepting these Terms you waive all rights and agree to hold us harmless from any claims resulting from any actions taken by us during or as a result of investigations by either us or any law enforcement or regulatory authorities.
2. You shall use your best efforts to cooperate with us in the defense of any such claims. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you. This defense and indemnification obligation will survive these Terms and your use of Web Services and/or our Services.

Indemnification

To the extent permitted by applicable laws, you agree to indemnify and hold harmless us and/or our officers, directors, employees, agents, representatives, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of these Terms or our Privacy Policy.
Governing Law and Dispute Resolution

These Terms shall be governed and construed by the laws of the State of Delaware, USA (other than its conflict of laws rules).

To the fullest extent permissible by law, any dispute of any kind between you and us in connection with or arising out of your use of our Services shall be resolved through friendly negotiations. In case of failure of such negotiations, any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the New York International Arbitration Center (NYIAC) under the NYIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

UNLESS YOU OPT OUT AND EXCEPT OTHERWISE PROVIDED IN THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Contact Us

If you have any question, comment, or suggestion regarding Web Services, these Terms, or our Privacy Policy, you may contact us by:

1. going to Web Services Feedback for assistance;

2. sending an email to support@mail.polybuzz.ai ; or

3. sending a mail to:

Cloud Whale Interactive Technology LLC

300 Delaware Avenue, Suite 210-2207

Wilmington, DE 19801