Please read these Terms of Service (the “Terms”) carefully as they govern your (“user(s),” “you” or “your”) access to and use of our websites (the “Site”), mobile applications or games (“Application”) or other services (collectively, the “Services”) that link to or reference these Terms, and contain important information about your legal rights, remedies and obligations. By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with Touka Technology and its affiliates (the “Company,” “we,” “us” or “our”), a company incorporated under the laws of the British Virgin Islands.
THESE TERMS APPLY TO YOU IF YOU ARE A USER OF OUR SERVICES ANYWHERE IN THE WORLD, EXCEPT IF YOU BELONG IN ANY OF THE FOLLOWING CATEGORIES: (I) A USER OF OUR SERVICES (REGARDLESS OF NATIONALITY) IN THE PEOPLE’S REPUBLIC OF CHINA; (II) A CITIZEN OF THE PEOPLE’S REPUBLIC OF CHINA USING OUR SERVICES ANYWHERE IN THE WORLD; OR (III) A CHINESE-INCORPORATED COMPANY USING OUR SERVICES ANYWHERE IN THE WORLD. IF YOU BELONG IN ANY OF THOSE CATEGORIES, YOU ARE SUBJECT INSTEAD TO THE TERMS OF SERVICE (PRC USERS) IN YOUR USE OF OUR SERVICES.
You represent that you have read and understood our privacy policy (“Privacy Policy”), which is available here. Note that we may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms or Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us; or (iv) protect our rights, reputation, and property or that of our users, affiliates or the public. Do not access or use the Services if you are unwilling or unable to be bound by the Terms.
PLEASE NOTE | SECTION 13 (GOVERNING LAW AND DISPUTE) OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE THAT APPLIES TO ALL USERS OF OUR SERVICES. SECTION 13 (GOVERNING LAW AND DISPUTE) AFFECTS HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS BINDING ARBITRATION CLAUSE.
We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Services is governed by the Terms effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by email, push notification, and/or by posting a notice on the Site. We will also indicate at the top of these Terms the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you.
You understand and agree that your continued access to or use of the Services after the effective date of any modifications to the Terms indicates your acceptance of such modifications.
2.1 Eligibility
You must be at least 13 years old (or such other minimum age as is applicable in your country of residence) to use the Services. If you are between the relevant minimum age and 18 years old (or the age of majority where you live), you and your parent or legal guardian must review these Terms together and you must obtain the consent of your parent or legal guardian to use the Services. Parents are responsible for the acts of their children that are under 18 years old when their children use the Services. The Company recommends that parents and legal guardians familiarize themselves with parental controls on devices they provide their children. The Services are not offered to users under the age of 13. You may not access or use the Services if we have previously banned you from the Services or closed your Account (as defined below).
2.2 Permission to Use the Services
The Services are provided for your enjoyment, and unless otherwise specified on or in the Services, are solely for your personal use. We hereby grant you a personal, non-exclusive, non-transferable, terminable license to view and use the Services only for your personal use, subject to your compliance with these Terms. Except as expressly provided herein, we do not grant you any other express or implied rights or license in or to the Services, and all rights, title and interest that we have in the Services’ and rights not explicitly granted to you by the Company or the Company’s licensors are retained by the Company or the Company’s licensors, respectively. Your use of the Services is at your own risk, including the risk that you might be exposed to Content (as defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the Content of the Services without the Company’s or our licensors’ express prior written permission. This includes, but is not limited to scraping user locations or utilizing any non-public information about our Services or other users and migrating that data anywhere. The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by the Company in the Company’s sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Services. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by the Company without restriction. Any attempted assignment by you shall violate these Terms and be void.
2.3 Service Availability
The Services may be modified, updated, interrupted, suspended or discontinued by the Company at any time without notice or liability.
2.4 User Accounts
You may create a user account (“Account”) and provide certain personal information in order to use some of the features that are offered through the Services. Providing the Company with your personal information is your choice. You acknowledge and agree that you have no ownership or other proprietary interest in such Account. Your Account is for personal, non-commercial use only. To create an Account, you must be eligible to use the Service for which you are registering, be a resident of a country where use of the Services is permitted, have a valid email address or other personal information and provide truthful and accurate information. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address or other personal information other than your own or create multiple Accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information during your use of the Services, use the same Account information on other sites or allow other sites to share information about you with us. Please read our
Privacy Policy for more information. In addition, to create an Account, the Company may require you to select a username and password. You acknowledge that you shall be responsible for ensuring that any username you select does not infringe any third party rights and is not otherwise unlawful. The Company may refuse to grant you a username in the Company’s sole discretion for any reason including if the proposed username impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by the Company in the Company’s sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and the Company reserves the right to revoke and/or reassign that username in the Company’s sole discretion. You understand and agree that the Company reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in the Company’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, SERVICES ITEMS, OR SERVICES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE TERMS. You agree to notify the Company immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
2.5 Communication from the Company and Other Users
By creating an Account, you agree to receive certain communications in connection with the Services. You can opt out of non-essential communications at [email protected].
The Services include Content. “Content” consists of the software, code, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video and all other audio visual or other material appearing on or emanating to or from the Services. Content also includes user-generated Content (“UGC”), which consists of Account personas, forum posts, profile content and other Content posted to or otherwise made available on the Services by users.
3.1 Responsibility for Your Content
You alone are responsible for UGC that you submit or transmit to, through or in connection with the Services (“Your Content”), and once published, Your Content cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on the quality, accuracy, or reliability of Your Content, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described in
3.2 Our Right to Use Your Content
You may not imply that Your Content is in any way sponsored or endorsed by the Company. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You acknowledge and agree that by submitting or transmitting UGC to, through or in connection with the Services, you grant to the Company (and our subsidiaries, affiliates, licensees and each of their successors and assigns, and those acting with our authority) an unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, publish, edit, translate, create derivatives from in whole or in part, publicly display, publicly perform or otherwise use Your Content, or any part thereof, in combination with or as a composite of other materials, including but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any of the Services or advertising and promotional materials. Please note that, to the extent any of Your Content is accessible, visible or usable by other users through the functionality of the Services, you also irrevocably grant all other users of the Services the royalty-free, perpetual, worldwide, irrevocable right and license to reproduce, copy, modify, publish, edit, translate, create derivatives from in whole or in part, publicly display, publicly perform or otherwise use Your Content, or any part thereof, in combination with or as a composite of other materials, in connection with their use of the Services. You also irrevocably waive, and cause to be waived against the Company and other users of the Services any claims and assertions of moral rights or attribution with respect to Your Content. The licenses granted in this subsection shall survive the termination of these Terms.
3.3 No Expectation of Privacy
You acknowledge that your chats, postings and other communications with other users of the Services or with the Company are public and not private communications and that you have no expectation of privacy for or concerning your use of these communication features of the Services.
3.4 Ownership
All Content is either owned by the Company or the Company’s licensors, or is licensed to the Company and the Company’s licensors pursuant to Section 3.2 above. As between you and the Company, you own Your Content. We own the Company Content, including but not limited to visual interfaces, interactive features, graphics, design, our compilation of UGC and other Services Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Services excluding Your Content, UGC and Third Party Content. We also own the copyrights, trademarks, service marks, trade name, and other intellectual property rights throughout the world (“IP Rights”) associated with the Company Content and the Services, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of public displays or in any way exploit any of the Company Content or the Services in whole or in part except as expressly authorized by the Company. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company Content are retained by the Company. “Company Content” means Content that the Company creates and makes available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Services, including Your Content, other UGC, Third Party Content, and Company Content. “Third Party Content” means Content that originates from parties other than the Company or users of the Services, which is made available in connection with the Services.
3.5 Advertising
The Company and the Company’s licensors may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
3.6 Right to Remove
UGC (including any that may have been created by users employed or contracted by the Company) does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate UGC, including Your Content, from time to time at our sole discretion for any reason or no reason, and without notice to you. We may remove UGC if we deem necessary, including but not limited to if such UGC is inappropriate, raises a conflict of interest, is promotional, irrelevant, violates other user’s privacy or has been stolen from another party. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
4.1 Virtual Currency and Services Items License
You acknowledge that the Services may include a component of virtual credits or currency (“Virtual Currency”). The Virtual Currency may only be used within the Services to gain access to, and obtain certain limited rights to use, virtual items for use exclusively within the Services (“Service Items”). Regardless of the terminology used, Virtual Currency and Service Items represent a limited license right governed solely under these Terms, and are not redeemable for any sum of money or monetary value from the Company or any other person or entity at any time. Virtual Currency and Service Items provided by the Company include only a limited license right to use such Virtual Currency or Service Items. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency and Service Items on and in the Services including in or for any applications or other services provided or offered on or through the Services and/or third party platforms, you agree that you have no right, title or ownership in or to any such Virtual Currency or Service Items. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SERVICE ITEMS HAVE NO CASH VALUE AND THAT NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SERVICE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SERVICE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
4.2 Virtual Currency and Service Items Fees
We reserve the right to charge fees for the right to access or use Virtual Currency or Service Items, and/or may distribute Virtual Currency or Service Items without charge, in our sole discretion. You acknowledge and agree that we may revise or take action that impacts the perceived value of, or pricing for, any Virtual Currency and/or Service Items at any time except to the extent that we agree otherwise in writing. Virtual Currency and Service Items will expire after 24 months of non-use of your Account.
4.3 Managing Your Virtual Currency and Service Items All purchases of Virtual Currency and Service Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Service Items, you are confirming that you want the Virtual Currency and/or Service Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws.We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Service Items as we see fit in our sole discretion, and we shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Service Items will be lost, deleted from your Account or forfeited when/if your Account is terminated, suspended or closed for any reason or when we discontinue any or all of the Services, including without limitation any services provided or offered through third party platforms. We reserve the right, in our sole discretion, to make all calculations regarding the balance of Virtual Currency and Service Items in your Account. We further reserve the right, in our sole discretion, to determine the amount of Virtual Currency that is credited and debited from your Account in connection with your use of the Services. While we strive to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that our determination of the amount of Virtual Currency and Service Items in your Account is final, unless you can provide documentation to us that such calculation was or is intentionally incorrect.
4.4 Transfers of Virtual Currency and Service Items
Unauthorized Transactions. Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Service Items or Accounts (“Unauthorized Transactions”) with anyone, including with other users of the Services, is not sanctioned by us and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify the Company against any and all consequences resulting from such actions. You acknowledge that the Company may stop, suspend, terminate, discontinue or reverse any Unauthorized Transactions when the Company suspects or has evidence of fraud, violations of these Terms, violations of any other applicable law or regulation or any intentional act designed to interfere at all with the normal operation of the Services. You further agree that the Company may, in the Company’s sole discretion, reverse any transaction if such reversal is in the Company’s best interest, or may debit your balance of Virtual Currency or Service Items, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. The Company may, in the Company’s sole discretion, terminate, suspend or modify your Account if you engage or assist in any Unauthorized Transactions. Verification of certain information applicable to a transaction involving Virtual Currency and/or Service Items may be required prior to our acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Service Items or other awards for participating in promotions, giveaways, contests or sweepstakes, you may be required to provide additional information about yourself in our marketing materials. You acknowledge and agree that the Company shall have no liability for the use or loss of such information, Virtual Currency and/or Service Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering and/or any other unauthorized third party or other user’s activity. The Company may replace such lost Virtual Currency and/or Service Items under certain circumstances, at the Company’s sole discretion on a case-by-case basis, without incurring any obligation or liability. You may be required to provide the Company or our designated representative with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Service Items. The Company may also provide you with the option of participating in third party offers to receive Virtual Currency and/or Service Items.
4.5 Purchasing Virtual Currency and/or Service Items
You may pay for Virtual Currency and/or Service Items by using the Services or any alternate billing and payment provider (such as iTunes and Google Pay) identified on the Services. We will not supply any products or services to you until the alternative billing and payment provider has authorized the use of your credit card or other applicable method for payment. If you use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms and conditions, which are available from such provider. You may be required to create an account with such alternate provider, and to provide such provider with your bank account or credit or debit card details.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
5.1 Improper Use of the Services
You agree not to, and will not assist, encourage, or enable others to use the Services to:
Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
Upload any Content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
Solicit personal information from minors, or submit or transmit pornography;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by the Company;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or the search results of any third party website; or
Violate any applicable law.
5.2 Additional Restrictions
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Services or Services Content (other than Your Content), except as expressly authorized by us;
Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services or any Services Content;
Reverse engineer any portion of the Services;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
Record, process or mine information about other users;
Access the Services by means other than through the public interfaces we provide to you;
Reformat or frame any portion of the Services;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Services, as determined by the Company in the Company’s sole discretion;
Attempt to gain unauthorized access to the Services, user Accounts, computer systems or networks connected to the Services through hacking, password mining or any other means;
Use the Services or any Services Content to transmit any computer viruses, worms, defects, Trojan horses or any other computer code, files or programs designated to interrupt, destroy or limit the functionality of the Services;
Use any device, software or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services;
Use the Services to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Services or Services Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of Services Content or features that enforce limitations on the use of the Services.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law). Moreover, the Company reserves the right to determine what conduct the Company considers to be in violation of these Terms or otherwise outside the intent or spirit of the Services. The Company reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
6.1 Equipment
You will provide at your own expense the equipment and internet connection required to access and use the Services.
6.2 Use Charges
The Company shall have no liability to you for use charges related to any device or service that you use to access the Services, including, without limitation, use charges for mobile telephones, tablet devices, Internet service providers, car navigation systems and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
6.3 Transaction Charges
The Company is not responsible or liable to you for any third party payment processor credit card or bank-related charges and fees related to your transactions on the Services, on or through third party platforms or for your participation in any third party offers. All such transactions are administered by a third party payment processor. We expressly disclaim any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by the Company as described in our Privacy Policy and, as applicable, in the privacy policy of the third party payment processor(s) used by the Company on or through the Services or third party platforms, (b) that all credit card and other payment related information that you provide to the Company, the Company’s designated payment processor or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all taxes that we assess on your purchase(s).
6.4 Virtual Currency, Services Items, and Children
Our Services are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Although our Applications are free to download, some in-Service products, functionality and actions are available only by purchasing Virtual Currency or other products with real money. If you are a parent, legal guardian or other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents, legal guardians and other adults who provide access to our Services to their children or children in their care should take precautions to prevent unintended purchases of Virtual Currency, Services Items and/or other in-Service products. For example, in the Android operating system environment, you should delete your credit card information in advance of letting someone else use your device to access the Services. We accept ABSOLUTELY NO RETURNS on any Virtual Currency and Services Items purchases, including those made by children (minors) in your care.
6.5 Purchase Errors
We assume no liability for purchase errors, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any unintended purchased item for any reason (“Purchaser Errors”). We shall not be liable for any errors on billing statements issued to you by your carrier or Application distributor. You accept full responsibility for confirming that your device, platform and carrier are supported and that the phone or other device and platform are compatible with the products or services purchased, downloaded or otherwise obtained by you through the Services. Although we will make commercially reasonable efforts to help you obtain the proper software for your device or platform, we shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Services, please contact our customer support at: [email protected].
We accept ABSOLUTELY NO RETURNS on any software downloads or any Virtual Currency or Services Items purchases. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Services, and all charges related thereto.
You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at
http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback and you irrevocably waive, and cause to be waived, against the Company and our users any claims and assertions of any moral rights that you may have with respect to such Feedback.
The Services may include links to other websites or applications (each a “Linked Third Party Site”). These Linked Third Party Sites are provided as a courtesy by our vendors to users of our Services. The Company has no control over the Linked Third Party Sites or the materials, information, goods or services available or contained on Linked Third Party Sites or how your data and/or personal information is used by such Linked Third Party Sites. The Company is not responsible for, does not endorse, represent or warrant in any way the content, goods and/or services of Linked Third Party Sites, and the Company is not liable for any claim you may have regarding any content, goods and/or services of Linked Third Party Sites. Also, the Company is not responsible for any privacy or other business practices of such Linked Third Party Sites or any materials, information, goods or services available through such Linked Third Party Sites. If you decide to access any of the Linked Third Party Sites, you do so entirely at your own risk. The Company reserves the right to terminate any link to any Linked Third Party Site at any time.
You agree to indemnify, defend and hold the Company, the Company’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Company Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of such claim, action or proceeding.
PLEASE READ THIS SECTION 11 CAREFULLY SINCE THIS SECTION LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION 11. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
11.1 NO Warranty of the Services
THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” WITHOUT WARRANTY, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY MIGHT NOT MONITOR, CONTROL OR VET UGC OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE SERVICES, THE SAFETY OR SECURITY OF THE SERVICES, OR THE SERVICES CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY OR RELIABILITY OF THE SERVICES CONTENT.
11.2 Confidentiality or Privacy
THE COMPANY MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SERVICES OR ANY LINKED THIRD-PARTY WEBSITE. The Company will not be liable for the privacy of email addresses, registration OR identification information, disk space, communications, confidential or trade-secret information or any other content stored on our equipment, transmitted over networks accessed by the Services or otherwise connected with your use of the Services.
11.3 THIRD-PARTY SERVICES
THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY SERVICES AVAILABLE THROUGH OUR SERVICES. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD-PARTY SERVICES, INCLUDING, FOR EXAMPLE, IF A THIRD-PARTY SERVICE MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK.
11.4 DISCLAIMER OF WARRANTIES
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
11.5 USER REMEDIES
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, THIRD PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
WE DO NOT RECOMMEND USE OF THE SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE OUR SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
These Terms and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). If any dispute shall arise in connection with these Terms or Services, either party may initiate the dispute resolution procedures set forth in this Section by giving the other party written notice of such dispute (“Dispute Notice”). Following issuance of a Dispute Notice, the parties shall endeavor to resolve the dispute through negotiations conducted in good faith. All negotiations that take place in connection with the dispute shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings. If the dispute cannot be resolved through good faith negotiations within thirty (30) calendar days from the date upon which the Dispute Notice was issued, either party may submit the dispute to be finally resolved by arbitration under Hong Kong International Arbitration Center (the “HKIAC”) by written notice to the other party and to HKIAC. The number of arbitrators shall be one, the language to be used in the arbitration proceedings shall be English and the place of arbitration shall be Hong Kong. The arbitration shall be conducted in accordance with the HKIAC’s arbitration rules in effect at the time of applying for arbitration. Once a dispute is referred to arbitration, such dispute shall be finally and exclusively settled through binding arbitration unless the parties otherwise reach an agreement to resolve the dispute.
Access to the Services from any territory where the Content is illegal is prohibited. The display of the Services alone does not subject the Company to jurisdiction in your location.
15.1 Termination by You
You may terminate these Terms at any time by closing your Account, discontinuing your use of the Services and deleting the Application from your device. You have the right to cancel your Account at any time.
15.2 Termination by the Company
We may suspend, cancel or terminate your Account, cancel or suspend your access to Virtual Currency, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancelation or termination may include, but are not limited to, if we believe in good faith that (a) you or a related person has engaged in any of the restricted conduct described in Section 5 (Restrictions) or otherwise violated or may have violated these Terms or (b) your Account and use of the Services have been inactive for more than twenty-four (24) months. To the extent that you violate these Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the Services. We are under no obligation to compensate you for any such losses. We reserve the right to stop making available any one or more of the Services, Virtual Currency and/or Services Items, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the Services, Virtual Currency and/or Services Items automatically ends when we terminate access to such Services, Virtual Currency and/or Services Items. Any such action could prevent you from accessing your Account, the Services, Your Content, Services Content, or any other related information.
15.3 Survival
In the event of any termination of these Terms, whether by you or the Company, the following Sections will continue in full force and effect:
16.1 Rights
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
16.2 Agreement Between You and the Company
The Terms contain the entire agreement between you and the Company regarding the use of the Services, and supersede any prior agreement between you and the Company on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
16.3 Waiver
Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
16.4 Severance
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
16.5 Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
By subscribing to our products, you acknowledge that you have read, understood, and agreed to this Agreement.
17.1 Description of Subscription Service The Subscription Service provides users with access to exclusive in-game benefits within our game application. This Subscription Service is designed for entertainment purposes only and is subject to the terms outlined herein and any additional in-app descriptions.
Typical benefits include:
17.2 Subscription Terms and Auto-Renewal
17.3 Payment and Billing
17.4 Cancellation and Refunds
Note: If you cancel your subscription, you will continue to have access to the subscription benefits until the end of the current billing period.
17.5 Free Trial and Promotional Offers
17.6 User Responsibilities and Restrictions
17.7 Termination and Survival
17.8 Privacy and Data Collection
Your use of the Subscription Service is subject to our Privacy Policy. We collect and process personal data (e.g., Apple ID, usage data) in accordance with applicable privacy laws and Apple's guidelines.
Apple may also collect data as outlined in their Privacy Policy. For more information about data protection, please refer to our Privacy Policy available at [here].
17.9 Disclaimers, Limitations, and Liability
17.10 Governing Law and Dispute Resolution
17.11 Changes to This Agreement
For questions or concerns about this Agreement or the Subscription Service, contact us at:
请仔细阅读本服务条款（“条款”）。本条款规范您（“用户”“您”或“您的”）访问和使用我们的网站（“网站”）、移动应用或游戏（“应用程序”）以及引用本条款的其他服务（统称“服务”），并包含与您的法律权利、救济和义务有关的重要信息。访问或使用服务即表示您同意本条款，并与依英属维尔京群岛法律成立的 Touka Technology 及其关联方（“公司”“我们”）订立具有法律约束力的合同。
本条款适用于世界各地的服务用户，但中华人民共和国境内用户、在世界任何地方使用服务的中国公民以及在世界任何地方使用服务的中国注册公司除外；上述主体应适用《服务条款（中国大陆用户）》。您确认已阅读并理解我们的隐私政策。如您不愿或不能受本条款约束，请勿访问或使用服务。
请注意：第 13 条包含适用于所有服务用户的仲裁条款，规定与公司的争议解决方式。接受本条款即表示您同意受该具有约束力的仲裁条款约束。
我们可能不时修改本条款，最新版本发布于此。您访问或使用服务时适用当时有效的版本。重大变更将通过电子邮件、推送通知或网站公告通知，并在条款顶部标明修订日期。变更生效后继续使用服务即表示接受变更。
2.1 资格。您必须年满 13 岁（或居住国适用的其他最低年龄）。处于最低年龄与 18 岁（或所在地成年年龄）之间的用户，必须与父母或法定监护人共同审阅本条款并取得其同意。父母对未满 18 岁子女使用服务时的行为负责，并应了解设备上的家长控制功能。公司不向 13 岁以下用户提供服务；曾被我们封禁或关闭账户者不得访问或使用服务。
2.2 使用许可。除非服务另有说明，服务仅供个人娱乐使用。公司授予您个人、非排他、不可转让、可终止的许可，仅在遵守本条款的前提下查看和使用服务。除明确授权外，您不得修改（包括制作衍生作品）、复制、改编、反向工程、反编译、分发、嵌入、复制发布、下载、抓取、展示、发布、传输、转让、许可或再许可、公开展示或出售服务内容；不得抓取用户位置或使用服务及其他用户的非公开信息。许可取决于您持续合规，公司可自行决定暂停或拒绝全部或部分访问；您不得转让本条款或其权利义务，公司可不受限制地转让。
2.3 服务可用性。公司可随时修改、更新、中断、暂停或终止服务，恕不另行通知且不承担责任。
2.4 用户账户。创建账户须符合服务资格、居住在允许使用服务的国家、拥有有效电子邮件或其他个人信息并提供真实准确资料。不得冒充他人、代他人创建账户、提供他人信息或创建多个账户。公司可因用户名违法、冒犯、误导或侵犯第三方权利而拒绝、变更、删除或重新分配用户名。您须对用户名、密码和账户下所有活动（包括未经您授权的活动）承担全部责任；若他人使用账户违反条款，账户可能被暂停或终止。发现未经授权使用应立即通知公司，公司可随时关闭账户。
2.5 通讯。创建账户即同意接收与服务有关的通讯；可通过 [email protected] 选择退出非必要通讯。
内容包括服务中的软件、代码、技术、文字、论坛和聊天帖子、资料、组件、消息、链接、电子邮件、音乐、声音、图形、图片、视频及其他视听材料；也包括用户生成内容（“UGC”）。
3.1 您的内容责任。您独自负责提交或传输的 UGC。发布后不一定能够撤回。您承担他人依赖其质量、准确性或可靠性以及您披露可识别个人信息的一切风险，并保证拥有必要权利和许可。
3.2 我们使用您的内容的权利。您不得暗示内容由公司赞助或认可；不得发布虚假、误导、诽谤、违法仇恨言论或色情内容，不得侵犯版权、商标、专利、商业秘密、隐私、公开权等权利，不得剥削或伤害未成年人。提交 UGC 即授予公司及其子公司、关联方、被许可人及继受人全球、永久、不可撤销、免版税的复制、修改、编辑、翻译、制作衍生作品、公开展示、公开表演、使用、分许可权。其他用户可在服务功能范围内以同等方式使用可见内容；您不可撤销地放弃与内容有关的署名权及精神权利主张。
3.3 无隐私预期。您与其他用户或公司的聊天、发帖及通讯属于公开而非私密通讯，不应期待隐私。
3.4 所有权。您拥有您的内容；公司或其许可方拥有公司内容、服务内容及全球知识产权。除明确授权外，您不得利用、复制、分发或制作其衍生作品。
3.5 广告。公司及许可方可在您的内容旁或其中展示广告，您无权获得补偿，广告形式可变更。
3.6 删除权。公司可自行决定随时删除、筛选、编辑或恢复 UGC（包括公司雇员或承包商制作的内容），无须通知，也无义务保留或提供副本或保证保密。
4.1 虚拟货币和服务道具许可。服务可能包含虚拟积分或货币（“虚拟货币”），只能在服务内用于取得仅限服务内使用的虚拟道具（“服务道具”）。虚拟货币和服务道具仅代表受本条款约束的有限许可，不得向公司或任何人兑换金钱或货币价值。除有限、个人、可撤销、不可转让且不可再许可的使用许可外，您不拥有其所有权。
4.2 无现金价值。您确认虚拟货币和服务道具无现金价值；账户被终止、暂停或服务访问权终止时，虚拟货币、服务道具和账户均无价值。
4.3 购买和付款。购买虚拟货币或服务道具时，公司或指定支付处理商可能要求您提供信用卡号码、账单信息及相关资料；部分虚拟货币或道具也可能通过第三方促销、赠品、竞赛或抽奖获得。
4.4 未经授权交易。未经授权转让、交易、出售或交换虚拟货币、服务道具或账户严禁。公司可在怀疑欺诈、违法或干扰服务时停止、撤销或冲正交易，扣除余额，或暂停、修改、终止账户。因黑客、钓鱼、密码窃取、社会工程或其他未经授权活动导致的损失，公司不承担责任，并可自行决定个案补发。
您不得违反本条款或法律，威胁、跟踪、伤害、骚扰他人或促进偏见歧视；发布违法、仇恨或色情内容；侵犯第三方版权、商标、专利、商业秘密、隐私或其他权利；未经许可开展商业活动或促销；发送群发邮件、调查或垃圾信息；操纵搜索结果；使用机器人、蜘蛛、自动化设备抓取或索引服务；反向工程、移除权利声明、记录或挖掘其他用户信息；绕过公开接口、嵌入页面或施加不合理流量；未经授权访问账户、系统或网络；传播病毒、蠕虫、木马或其他恶意代码；干扰服务运行、安全功能或复制限制。公司可自行认定违反条款或服务精神的行为，并暂停、终止账户或禁止使用服务。
访问服务所需设备和网络由您自费提供，手机、平板、运营商、互联网或其他设备费用由您承担。第三方支付处理商的费用和争议须向该处理商解决；付款信息须真实、完整、最新，您承担本人或授权用户产生的费用及税费。服务不面向 13 岁以下儿童；监护人须防止意外购买。除法律要求外，虚拟货币、服务道具、软件及下载均不退货。因设备、平台、运营商不兼容、试用版、错误促销码、折扣遗漏或误购产生的购买错误由您承担；问题请联系 [email protected]。
您应知悉，市场上提供家长控制保护（例如计算机硬件、软件或过滤服务），可帮助限制未成年人访问有害材料。有关这些保护措施的报告见 http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html（《儿童互联网保护法》关于互联网保护措施和安全政策有效性的报告）。
向我们发送任何想法、建议、文件或提案（“反馈”）即表示：(i) 反馈不含第三方保密或专有信息；(ii) 我们对反馈不负明示或默示的保密义务；(iii) 我们可能已经在考虑或开发类似内容；(iv) 您授予公司不可撤销、非排他、免版税、永久、全球的使用、修改、制作衍生作品、发布、分发和再许可反馈的许可，并不可撤销地放弃针对公司及用户的相关精神权利主张。
服务可能包含其他网站或应用的链接（各称“链接的第三方网站”），由供应商为用户提供便利。公司不控制这些网站及其材料、信息、商品、服务或数据使用方式，不负责、不认可、不保证其内容、商品或服务，也不对相关索赔负责。决定访问时风险完全由您承担，公司可随时终止链接。
对于因 (i) 您访问或使用服务，(ii) 您违反本条款，(iii) 您购买或取得的产品或服务，或 (iv) 您或使用您账户的第三方侵犯任何人的知识产权或其他权利而产生的第三方索赔或要求，您同意为公司、其母公司、子公司、关联公司、供应商、许可方、合作伙伴及其管理人员、董事、员工、代理人和代表（统称“公司实体”）进行抗辩、赔偿并使其免受损害，包括相关成本、责任和律师费。公司可自费承担独家抗辩和控制权，您须配合，未经书面同意不得和解。
本条仅在法律允许的最大范围内适用，不限制法律不得限制的权利。
11.1 服务无保证。服务按“现状”“存在瑕疵”和“可用”提供，公司可能不监控或审查 UGC、第三方内容，不保证质量、准确性、可靠性、安全性、可用性或无漏洞。
11.2 保密或隐私。公司不保证通过服务或第三方网站传输的通讯和信息保密，也不对存储或传输内容的隐私负责。
11.3 第三方服务。公司不对第三方服务的行为、产品或服务作任何声明或承诺，也不对其造成的损失负责。
11.4 保证免责声明。公司明确否认明示或默示的所有保证，包括适销性、特定用途适用性和不侵权保证。
11.5 用户救济。法律允许的最大范围内，公司不承担因服务不可用、安全漏洞、内容依赖或第三方行为产生的任何损失，包括间接、附带或后果性损害。您对不满意服务或第三方服务的唯一、排他性救济是终止并停止访问或使用服务。
我们不建议在驾驶等存在重大受伤或事故风险的活动期间使用服务。您同意不得在此类活动期间使用服务，并确认此行为违反本条款。任何此类使用风险由您承担，公司不对由此产生的任何性质损害负责。
本条款及您与公司的关系适用并按中华人民共和国香港特别行政区法律解释。任何一方可通过书面争议通知启动争议解决程序；双方应善意协商，且协商保密并不影响未来程序中的权利。争议通知发出后 30 个日历日仍未解决的，任何一方可书面通知另一方及 HKIAC，将争议提交香港国际仲裁中心最终仲裁。仲裁员一名，仲裁语言为英语，地点为香港，适用申请时有效的 HKIAC 仲裁规则；除非双方另行达成解决协议，提交仲裁的争议须通过具有约束力的仲裁最终且排他地解决。
禁止从内容违法的地区访问服务；仅展示服务不使公司受您所在地司法管辖。
15.1 您终止。您可关闭账户、停止使用服务并从设备删除应用程序以随时终止本条款。
15.2 公司终止。公司可因任何或无任何理由暂停、取消或终止账户，取消或暂停虚拟货币访问，暂停服务部分功能，或全面禁止您使用服务，恕不另行通知且不承担责任。若我们善意认为您或关联人员实施第 5 条限制行为、违反或可能违反本条款，或账户和服务使用超过 24 个月不活跃，均可采取上述措施。违反条款导致许可撤销时，您将失去服务相关权益，公司无需补偿。公司可临时或永久停止提供服务、虚拟货币或服务道具，且无需退款或补偿；相关访问终止时许可自动结束，您可能无法访问账户、内容或相关信息。
15.3 存续。终止后第 3 条（内容及公司使用您内容的权利）、第 5 条（限制）、第 6 条（使用和交易政策）、第 9 条（第三方链接和服务）、第 10 条（赔偿）、第 11 条（免责声明和责任限制）、第 13 条（适用法律和争议）、第 15 条（暂停、终止或取消）以及第 16 条（其他）继续完全有效。
16.1 权利。本条款无意也不应被视为向任何第三方赋予权利或救济。
16.2 您与公司的协议。本条款构成您与公司关于服务使用的完整协议，取代此前关于该事项的任何协议；双方确认不依赖本条款未明确载明的任何陈述。
16.3 弃权。公司未行使或执行本条款任何权利或规定，不构成对该权利或规定的放弃；任何一方未行使权利，也不视为放弃其后的权利。
16.4 可分割性。如任何条款被认定不可执行或无效，仅对该条款作反映双方意图的修改，或在必要的最低范围内删除，其余条款仍完全有效并可执行。
16.5 章节标题。章节标题仅为方便，不具有法律或合同效力。
订阅产品即表示您已阅读、理解并同意本协议。
17.1 订阅服务说明。订阅服务为游戏应用提供专属游戏内权益，包括每日奖励、高级内容、专属功能和购买折扣。
17.2 订阅期限及自动续订。订阅按月循环，价格以游戏显示为准。除非在当前订阅期结束前至少 24 小时关闭自动续订，否则将通过 Apple ID 自动续订一个月。未来期间价格可能调整，涨价前至少 30 天通过应用或电子邮件通知。
17.3 付款和账单。您授权 Apple 在首次购买及每次续订时从 Apple ID 扣款；付款由 Apple 应用内购买系统处理，公司不保存付款信息。税费由您承担，除法律或 Apple 政策要求外不退款。
17.4 取消和退款。在 Apple 设备“设置”>“您的姓名”>“订阅”中选择订阅并取消，须提前至少 24 小时操作。删除应用不会自动取消。退款须通过 Apple 官方流程申请。取消后权益持续至当前计费期结束。
17.5 免费试用和促销。目前无免费试用；未来优惠以应用及附加条款说明。购买订阅后未使用的试用期将失效。
17.6 用户责任和限制。订阅者须年满 18 岁或取得监护人同意，仅限个人非商业使用，不得分享、转让或转售。欺诈或虚假年龄可能导致终止；知识产权仍归 Touka Technology Limited。
17.7 终止和存续。违反协议、违法或法律要求时公司可立即终止或暂停订阅，违约终止不退款；责任、争议解决和一般条款在取消后继续有效。
17.8 隐私和数据收集。订阅服务受隐私政策约束。公司按适用法律和 Apple 指南处理 Apple ID、使用数据等个人信息，Apple 也可能依其隐私政策收集数据。
17.9 免责声明、限制和责任。订阅服务按“现状”和“可用”提供，不保证持续或无错误运行。法律允许的最大范围内，公司不承担间接或后果性损害，全部责任不超过索赔前六个月您为订阅支付的总额。Apple 不是本协议当事方，不对订阅服务负责。
17.10 适用法律和争议解决。本协议适用香港法律，争议专属香港法院；适用时您仍可向当地消费者保护机构申诉。
17.11 协议变更。公司可因服务、法律或 Apple 政策变化修改协议，并至少提前 30 天通过应用或电子邮件通知重大变更；继续使用即表示接受。
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