X Her Platform User Agreement

Last Updated: August 23, 2023
Effective Date: August 23, 2023

Important Notice:

Jiangsu Rongsuotai Information Technology Co., Ltd. (hereinafter referred to as the "X Her Operator") provides services to X Her (hereinafter referred to as "this Software") users (hereinafter referred to as "users" or "you") in accordance with the provisions of this Agreement. This Agreement has the legal effect of a contract between users and the X Her Operator. The X Her Operator particularly reminds users to carefully read and fully understand all terms of this Agreement, especially those clauses that exempt or limit the X Her Operator’s liability, restrict or limit user rights, as well as clauses highlighted with underlines or bold text. Users should read carefully and choose whether to accept this Agreement. Unless users accept all terms of this Agreement, they have no right to use the services provided by the X Her Operator under this Agreement. Once users register or use the services of the X Her Operator, it shall be deemed that they fully understand and accept all terms of this Agreement.

Chapter 1: Introduction

Article 1

This Software is an artificial intelligence virtual human leisure software developed and operated by Jiangsu Rongsuotai Information Technology Co., Ltd. (official website of X Her Operator: https://X Her.cn/; if the X Her Operator announces a new website, please visit the new website accordingly). Users may use this Software to create or interact with AI virtual humans and manage them. Users can download and install this Software through the Apple App Store, Huawei App Market, other major Android app stores, and other official channels authorized by the X Her Operator. The functions of the Software primarily include: creating virtual humans, viewing virtual humans, configuring virtual humans, interactive conversations, and other auxiliary features. Specific details shall be based on the functions provided by the X Her Operator at the time.

Article 2

To protect users’ rights, users must carefully read and fully understand this Service Agreement before voluntarily using this Software. Logging in to or using this Software shall be deemed as full understanding and acceptance of this Service Agreement. Any violation resulting in legal consequences shall be borne solely by the user.

Article 3

During the performance of this Agreement, the X Her Operator may modify this Agreement as necessary. Once the content of this Agreement changes, the X Her Operator will publish the latest Service Agreement through the official website or internal pop-up windows within the Software and will no longer provide individual notifications to users. If users do not agree with the modifications made by the X Her Operator, they should stop using this Software. Continued use of this Software shall be deemed as acceptance of the modified Agreement, and users shall comply with the modified terms.

Article 4

Users agree that the X Her Operator may deliver notifications and any other agreements, announcements, or information regarding user accounts and services via electronic means including but not limited to the official website, internal pop-up windows, emails, text messages, or wireless communication devices. Such notifications shall be deemed delivered on the day they are sent. If users fail to receive these notifications due to reasons not attributable to the X Her Operator (including but not limited to inaccurate or invalid email addresses, phone numbers, contact addresses, or transmission failures), the X Her Operator shall not bear any responsibility.

Article 5

The X Her Operator may, at its discretion, temporarily suspend, limit, terminate, change, upgrade, or update this Software and its functions. As long as users continue to use this Software, it shall be deemed that they agree to this Agreement.

Chapter 2: Usage

Article 6

Users may only use this Software for non-commercial purposes. If users wish to use it for commercial purposes, they must contact the X Her Operator for authorization. Without authorization from the X Her Operator, users may not use the Software, any of its functions, or any content generated by the Software for commercial purposes.

Article 7

Rights and obligations obtained by users under this Agreement are non-transferable.

Article 8

Users shall not interfere with, damage, modify, or otherwise affect the Software or its servers by any means, including but not limited to third-party software, plug-ins, add-ons, systems, or devices.

Article 9

Users shall use the Software only in the manner specified in Article 1 of this Agreement (or in other ways approved by the X Her Operator). Logging in or using the Software through any third-party software, plug-ins, add-ons, systems, or devices is prohibited. If users obtain or use the Software through other methods, the X Her Operator cannot guarantee normal use and shall not be responsible for any resulting losses.

Article 10

Users shall prepare their own terminal devices for using this Software (such as computers, mobile devices, and necessary network access equipment) and bear the required costs (such as telephone and internet fees).

Chapter 3: Account Registration

Article 11

Users may register an account following the prompts within the Software. During registration, users must authorize the X Her Operator to collect and use their phone number, login password (or SMS verification code); otherwise, registration and login will not be possible.

Users understand and agree that they are responsible for maintaining the authenticity and validity of the information provided. Users acknowledge and commit that account names, avatars, profiles, and other personal information shall not contain illegal or inappropriate content. Users may not register accounts using another person’s identity without permission (including but not limited to impersonating names, titles, or avatars that may cause confusion) and may not maliciously register multiple accounts. During registration and use, users must comply with applicable laws and regulations and not engage in actions that harm national interests, infringe on others’ legal rights, or damage social morals. Violations may result in account suspension or deletion and reporting to authorities by the X Her Operator.

Ownership of registered accounts and related rights in the Software belongs to the Company. Upon completing registration, users are granted only the right to use the account. Accounts are limited to personal use only. Without written consent from the Company, users may not gift, lend, rent, transfer, sell, or authorize others to use the account in any way. If the Company discovers or reasonably believes that the account user is not the original registrant, the Company may suspend or terminate services to the account and delete it without notifying the user and without any legal liability.

Users shall bear full responsibility for account theft or loss caused by their own reasons or other force majeure. The Company shall not be liable.

Article 12

Users may apply to delete their accounts according to Company instructions. The Company will assist in account deletion after completing reasonable and necessary verification of personal identity, security status, and device information, and will delete all information related to the account as requested, except as otherwise required by law.

Chapter 4: Users, Fees, and Third-Party Services

Article 13

Users must authorize the X Her Operator to collect and use their phone number, login password (or SMS verification code) to complete identity verification as prompted within the Software; otherwise, they cannot use all or part of the Software functions. The X Her Operator is not responsible for any losses caused by incomplete verification.

Article 14

Users must have full civil rights and capacity as stipulated by the laws of the People’s Republic of China. Users under 18 or other adults without full civil rights must read this Agreement under the supervision and guidance of a guardian. If the guardian does not agree with this Agreement or the user’s use of the Software, the user should stop using the Software and notify the X Her Operator, which will then delete the account and terminate services.

Article 15

Some functions of the Software are paid. Users understand and acknowledge that if they agree to subscribe or purchase paid services (including but not limited to virtual human usage rights or other value-added services), they must pay according to the publicly announced pricing. Paid rights are non-transferable. The X Her Operator may adjust or modify services, pricing, payment methods, service fees, and terms as needed.

Minors and adults without full civil rights must obtain guardian consent for payments. Guardians should properly manage payment accounts and passwords to prevent unauthorized use.

Article 16

In any case, responsibilities related to third-party services during the use of this Software are borne by the third party. The X Her Operator does not assume liability, including but not limited to:

1. Losses or liabilities caused by third-party providers;
2. Losses or liabilities caused by other third-party actions or reasons.
3. Losses or liabilities caused by the user’s own actions are the user’s responsibility.

The X Her Operator is not liable for:

1. Losses due to user actions not in accordance with this Agreement or rules published by the X Her Operator;
2. Losses caused by unclear, ambiguous, or incomplete instructions sent to the X Her Operator;
3. Other losses caused by the user.

Users must comply with agreements and laws of third-party suppliers. All liabilities arising from violations are borne by the user. If the X Her Operator suffers losses due to such violations, the user shall compensate the X Her Operator.

Chapter 5: Account Security and Management

Article 17

Users understand and agree that maintaining the confidentiality and security of accounts and passwords is their responsibility. Users are fully responsible for all actions and statements made using their accounts and passwords and agree as follows:

1. Users shall not disclose their accounts or passwords to anyone else or use others’ accounts or passwords. The X Her Operator is not responsible for illegal use caused by hackers, viruses, or user negligence.
2. The X Her Operator identifies users’ commands through accounts and passwords (or SMS verification codes). Users confirm that all actions taken after logging in represent the user. Electronic records of account operations are valid evidence of user actions, and users bear full responsibility.
3. In cases of account or password (or SMS verification code) misuse by others, the X Her Operator and authorized entities reserve the right to pursue joint liability with the actual user.

Article 18

If users discover third-party misuse or theft of accounts and passwords (or SMS verification codes) or any unauthorized action, they should immediately notify the X Her Operator to suspend relevant services. Otherwise, all resulting responsibilities are borne by the user. Users understand that the X Her Operator may need a reasonable period to take action and shall not be liable for losses caused by third parties in the meantime.

Article 19

If users decide to stop using an account, they should apply to the X Her Operator for account deletion. After verification and approval, the account may be officially deleted.

In the event of user death or declaration of death, all rights and obligations under this Agreement shall be assumed by the heirs. If the user loses full or partial civil rights or capacity, the X Her Operator or its authorized entity may handle the account according to valid legal documents (including effective court judgments) or instructions from the legal guardian.

Article 20

The X Her Operator has the right, based on its sole discretion, to suspend, interrupt, or terminate all or part of the user services under this Agreement without prior notice if it considers there may be circumstances that could endanger the security of the service. The Operator may also remove or delete registration information without assuming any responsibility to the user or any third party. Such circumstances include, but are not limited to:

The X Her Operator believes that the personal information provided by the user is not authentic, valid, or complete (if required);

The X Her Operator discovers suspicious or potentially illegal activities;

The X Her Operator considers the user account to be involved in illegal activity, criminal behavior, misuse, or other circumstances deemed risky;

The X Her Operator believes the user has violated various rules or principles outlined in this Agreement;

Other circumstances where, for service security or other reasons, the X Her Operator, at its sole discretion, needs to suspend, interrupt, or terminate all or part of the user services under this Agreement and remove or delete registration information.

Article 21

Users agree that the suspension, interruption, or termination of an account does not relieve users of their responsibilities. Users remain liable for potential breaches or damages incurred during their use of X Her Operator services, and the X Her Operator may retain related user information.

Chapter 6: Users’ Legal Obligations and Commitments

Article 22

Users commit never to use this Software for illegal purposes or in any illegal manner, and to comply with relevant Chinese and local laws, regulations, and all international internet usage norms, respecting local morals and customs. Users shall follow all network agreements, rules, and procedures related to this Software. If a user’s behavior violates these provisions, the user shall bear full responsibility. Users shall not cause the X Her Operator to violate laws or be involved in political or public incidents; otherwise, the X Her Operator may suspend or terminate services to the user.

Article 23

While using this Software, users must comply with laws and regulations and must not create, copy, publish, send, or disseminate information containing the following content, nor facilitate such activities:

1. Opposing the fundamental principles established in the Constitution, endangering national security, disclosing state secrets, subverting state power, or undermining national unity;
2. Infringing on others’ reputation, privacy, trade secrets, trademarks, copyrights, patents, other intellectual property rights, or other lawful rights;
3. Violating confidentiality obligations under law or contract;
4. Containing sexual implications, provocations, or other content likely to cause sexual associations;
5. Engaging in illegal transactions, such as selling firearms, drugs, prohibited substances, pirated software, or other contraband;
6. Providing gambling information or inducing others to participate in gambling;
7. Suspected money laundering, cash-out, or engaging in pyramid schemes;
8. Engaging in any activity that may introduce computer viruses or harm the Software system or data;
9. Using the Software system in ways that could adversely affect the normal operation of the internet or mobile networks;
10. Infringing X Her Operator’s commercial interests, including publishing commercial advertisements without authorization;
11. Uploading, displaying, or spreading false, harassing, defamatory, abusive, threatening, vulgar, obscene, or illegal information;
12. Other conduct that the X Her Operator reasonably deems inappropriate.

Article 24

When using the Software to create virtual humans, users must base them on publicly available information of real individuals. The created virtual image should reflect the actual person. Users shall bear full responsibility for creating virtual humans without that individual’s consent. The X Her Operator bears no responsibility for such actions.

Article 25

The X Her Operator reserves the right, at its sole discretion, to delete any illegal, false, or inappropriate content within the Software without notifying users and without assuming any liability. Users who fail to comply may have their accounts suspended or terminated. If content is offensive or otherwise inappropriate, the platform may remove it upon receiving reports from other users.

Article 26

Users agree to fully indemnify and hold harmless the X Her Operator, its affiliates, partners, directors, and employees against any claims, demands, or compensation (including legal fees) made by third parties due to users’ violation of this Agreement, its supplementary terms, incorporated documents, or any applicable laws or third-party rights when using this Software.

Chapter 7: Service Interruption, Failure, Termination

Article 27

Users agree that due to the nature of the internet, the X Her Operator does not guarantee uninterrupted, timely, or secure services. The Operator shall not be liable for any impact on the Software or inability to use it caused by:

System maintenance downtime;

Telecommunication equipment failures preventing data transmission;

Interruptions or delays caused by hacking, network provider issues, viruses, malware, system instability, third-party service faults, government actions, etc.;

Force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, or terrorist attacks.

Article 28

Users understand that the X Her Operator may modify, suspend, interrupt, or terminate services due to operational strategy adjustments. In cases of mergers, splits, acquisitions, or asset transfers, the Operator may transfer relevant service assets to third parties and may assign parts or all of the services and related rights and obligations under this Agreement to third parties after notifying users.

Article 29

The X Her Operator may suspend or terminate services without notice if any of the following occur:

1. Users fail to provide truthful personal information required by law or inconsistent with registration information without reasonable proof;
2. Users violate laws, regulations, or this Agreement;
3. Required by law, judicial authorities, or regulatory agencies;
4. For safety or other necessary reasons.

Article 30

Users should back up data stored in the Software. Except as otherwise required by law, the X Her Operator may permanently delete user data from servers upon termination of use. After suspension or termination, the Operator has no obligation to provide or return data.

Chapter 8: Scope and Limitation of Liability

Article 31

The X Her Operator provides no warranties for the Software, including but not limited to:

Meeting user requirements;

Uninterrupted, timely, or error-free operation;

Services, information, or materials obtained via the Software meeting user expectations.

Article 32

Services provided by third-party suppliers are the responsibility of those partners. The X Her Operator is not liable for losses caused by third-party suppliers.

Article 33

Advice or information obtained from the X Her Operator or its staff, whether written or oral, does not constitute any guarantee regarding the Software.

Article 34

As an AI product, interactive content is based on search engines and big data from publicly available internet sources. Despite automatic and manual filtering, some information may still be flawed, unreasonable, or offensive. Users may also train AI virtual humans individually, resulting in content originating from users’ own inputs. The X Her Operator assumes no liability for risks or losses arising therefrom.

Article 35

To the extent permitted by law, the X Her Operator is not liable for any indirect, punitive, special, or consequential damages (including but not limited to business, revenue, profit, or data losses) arising from this Agreement, use of the Software, or any content, materials, or services provided via the Software, regardless of cause or legal theory, even if previously informed of such potential damages. Liability exclusions apply even if exclusive remedies fail to achieve their basic purpose.

Chapter 9: Privacy Protection and Authorization

Article 36

Users must use their own Software accounts and ensure the validity and authenticity of information such as email addresses and phone numbers. Users must promptly update any changes; failure to do so, resulting in inability to contact users and any consequent losses or additional costs, shall be borne by the users.

Article 37

For user safety, users agree that the X Her Operator may obtain additional personal information from third parties, including personal data and virtual human data created on other platforms.

Article 38

The Software uses data collection tools like “Cookies” to assist in providing personalized services. Cookies may reduce password entry frequency and provide content tailored to user interests. Users agree to this use.

Article 39

If users provide communication information (e.g., SMS, email, or letters) or other users/third parties submit information regarding user activity, the X Her Operator may store it in dedicated user profiles. Users consent to this.

Article 40

Users agree the X Her Operator may use personal data (including user-provided, collected, or third-party obtained data) to resolve disputes, ensure access to software functions, and enforce Software rules. The Operator may evaluate data manually or automatically and provide relevant information to government authorities.

Article 41

Users agree the X Her Operator may use personal data to improve Software functions, analyze usage, improve content, and provide a smoother, more effective, secure, and personalized experience.

Article 42

Users agree the X Her Operator may use personal data to contact users and, in some cases, deliver information based on user interests. Agreement to this Agreement implies consent to receive such information.

Article 43

Personal information collected from users, by users, or from third parties will be protected, used, or disclosed in accordance with this Agreement and applicable rules. Standard industry practices will be applied, but complete confidentiality cannot be guaranteed due to technical limitations.

Article 44

The X Her Operator may disclose user personal data to judicial or government authorities as required by law. If users fail to fulfill obligations under the service agreement, the Operator may disclose information at its discretion.

Article 45

Users are not entitled to access other users’ personal data.

Chapter 10: Intellectual Property Protection

Article 46

All content in the Software, including but not limited to writings, images, files, information, software architecture, and interface design, is owned by Jiangsu Rongsuotai Information Technology Co., Ltd. or other rights holders, including trademark, patent, copyright, and trade secrets.

Article 47

Without written consent from Jiangsu Rongsuotai Information Technology Co., Ltd. or other rights holders, no one may use, modify, copy, publicly distribute, alter, disseminate, publish, or distribute Software programs or content.

Article 48

Users may not reverse engineer, decompile, or attempt to discover the source code of the Software without explicit written consent, nor modify, resell, commercially use, create derivatives, or collect data for any commercial purpose. Unauthorized system extraction for databases, compilations, or directories is prohibited.

Article 49

Without explicit written consent, users may not copy, reproduce, imitate, sell, resell, access, or otherwise exploit the Software or its components for commercial purposes. Users may not use frames, MetaTags, or hidden text to claim ownership of trademarks or proprietary content. Any unauthorized use terminates granted permissions.

Article 50

By using the Software’s virtual human interaction functions, users grant the X Her Operator a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, irrevocable license to reproduce, display, perform, adapt, distribute, and otherwise use the information users input and interactions with virtual humans for promotional, operational, developmental, sales, or other lawful purposes.

Article 51

Respect for intellectual property is a user obligation. Violations may result in legal liability and compensation to Jiangsu Rongsuotai Information Technology Co., Ltd.

Chapter 11: Interpretation of Terms, Dispute Resolution, and Contact Information

Article 52

This Agreement is entered into between the user and Jiangsu Rongsuotai Information Technology Co., Ltd., and applies to all activities of the user within this Software. The content of this Agreement includes, but is not limited to, the main text of the Agreement, any supplementary content, and all rules already issued or that may be issued in the future. All terms and rules form an integral part of the Agreement and have the same legal effect as the main text.

Article 53

If any provision of this Agreement is found to be wholly or partially invalid or unenforceable for any reason, that provision shall be considered severable from the Agreement and may be replaced by a valid provision that most closely reflects the parties’ original intent and preserves the economic purpose of the Agreement. In such cases, all other provisions of this Agreement remain fully valid and binding.

Article 54

The validity, performance, and all matters related to this Agreement and its revisions shall be governed by the laws of China. Any disputes shall be subject exclusively to Chinese law.

Article 55

If users have any questions, opinions, or suggestions regarding this Agreement or the use of the Software, they may send an email to 18652260265@163.com