Terms of Service
Last updated: 30 April, 2024


General Terms – All Users

1. Your Relationship With Us

Welcome to Hypic (the "Platform").
These Terms of Service (these "Terms") as may be amended from time to time govern the relationship and serve as an agreement between you and Bytedance Pte. Ltd. (the "Company", "we", or "us") and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, websites, products and/or content (collectively, the “Services”). Our Services are generally provided for private, non-commercial use. For purposes of these Terms, "you" and "your" means you as the user of the Services.
The version of the Platform may differ for factors such as the jurisdiction from which you access the Platform and the device you use. The Services, in full or in part, may not be available in all jurisdictions, for all devices or in all languages. You should obtain, download, and install the appropriate version according to the actual device conditions of your jurisdiction.
You can access the Platform and obtain the Services through the software application pre-installed in hardware devices or downloaded from third-party platforms authorized by us, and/or by accessing Hypic official websites. Unofficial versions of Hypic obtained via any other platforms or websites are not authorized by us, and we are not responsible for their contents. If you suffer any losses as a result, we shall not be liable for your losses, which you alone will bear.
These Terms form a legally binding agreement between you and us. Please take the time to read them carefully.


2. Accepting these Terms

By accessing or using our Services, you confirm that you can form a binding contract with Company, that you accept these Terms (including any supplemental terms appended hereto) and that you agree to comply with them. Your access to and use of our Services are also subject to our Privacy Policy (where applicable), the terms of which can be found directly on the Platform, or where the Platform is made available for download and/or on your mobile device’s applicable store, and such terms are incorporated herein by reference. You may also be subject to additional terms and policies for your access or use of certain new feature of the Platform, certain Service and/or your access or use of the certain content for commercial purposes (if permitted). Such additional terms and policies shall form part of these Terms.
The Services are only intended for individuals 13 years old and older. In addition, if you are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you may only access or use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others, regardless of whether or not they are affiliated with your business or entity, including any employees, agents or contractors.
You can accept these Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of these Terms from that point onwards.
You should print off or save a local copy of these Terms for your records.


3. Supplemental Terms

If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant Supplemental Terms–Jurisdiction Specific section below. In the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdiction's Supplemental Terms – Jurisdiction Specific will supersede and control with respect to your use of the Services from that jurisdiction.

4. Changes to these Terms

We may amend or update these Terms from time to time, to reflect changes to applicable laws, regulations, standards, industry codes or other instruments of a similar nature, or to reflect changes, updates or new features to the Platform and/or Service. We will use commercially reasonable efforts to notify you of any material changes to these Terms by a notice through the Platform or by other means. You should review these Terms each time you visit the Platform to stay informed of our practices. The “Last Updated” date at the top of these Terms, which reflects the effective date of such amended Terms. Your continued access to or use of the Platform and/or Services after the date of the updated Terms constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop accessing or using the Platform and the Services.
As used in these Terms, "applicable laws" shall refer to all applicable laws, regulations, rules, statutes, codes, ordinances, orders, writs, decrees or other requirements enacted by a government authority, as amended from time to time.

5. Your Account with Us

To access or use some of our Services, you must create an account with us. When you create this account, you must provide us with true, complete, accurate and up-to-date information. It is important that you maintain and promptly update your account details and any other information you provide to us, to keep such information current, accurate and complete.
You acknowledge and agree that:
(a) you are solely responsible for maintaining the security and confidentiality of your account login details;
(b) you are solely responsible (to us and to others) for all activities on the Platform that occur under or through the use of your account; and
(c) Company and its affiliates may, but shall have no obligations to, monitor activities on the Platform that occur under or through the use of your account, but shall not be responsible for any losses incurred by you as a result of or arising from any unauthorized access to your account.
We reserve the right to temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services with or without notice at any time for any or no reason including without limitation:

• if we have reasonable grounds to believe you have violated, or suspect that you have violated, these Terms, including any incorporated agreements, policies or guidelines incorporated herein by reference, or any applicable laws;
• if activities occur under your account which, in our sole discretion, would or might cause damage to us or other users, impair our ability to provide the Platform or Services, or infringe on or violate any third party rights (including intellectual property rights);
• in response to requests by law enforcement or other government agencies under valid legal process;
• due to unexpected technical or security issues or problems; or
• if your account remains inactive for a certain period of time.

If we permanently suspend or terminate your account, we will notify you in advance in order to allow you time to access and save your information and content unless we have reason to believe that continued access to your account will cause damage to us, other users or our Services, or where doing so will violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights.
Subject to any statutory rights you might have under applicable laws, if your account is temporarily or permanently suspended or terminated, access to your account, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should regularly make backups of any content you value.
If you no longer want to use or access the Platform and our Services, you can choose to delete your account through the "Settings”– “Delete Account” page on the Platform or you can request the deletion of your account by contacting us via hypic.support@bytedance.com, and we will provide you with further assistance and guide you through the process of the deletion of your account. Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of your account information or data and any of the content or information you have uploaded, created, edited, shared, received from other users or are otherwise associated with your account. Termination of your account will terminate your access or use of the Platform and the Services.


6. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You agree to use the Services only for purposes expressly permitted under these Terms.
You may not:

• access or use the Services if you are not fully able and legally competent to agree to these Terms or if your parent or legal guardian does not consent to your use of the Services, or if you are not authorized to use the Services by the business or entity that you represent;
• take or attempt to take any of the following actions: copy, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on, the Services, including any files, tables or documentation (or any portion thereof) (except as expressly permitted under these Terms) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• modify or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notices or marks displayed on or through the Services;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof or use the Services or any derivative works thereof in a manner which is not authorised by us;
• market, rent or lease the Services for a fee or charge or for free, or use the Services to advertise or perform any commercial solicitation;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or circumvent or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Services into any other program or product, or incorporate any content of the Services into any other program or product except as expressly permitted under these Term;
• use automated scripts or other technologies to collect information from or otherwise interact with the Services;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way computer codes (including malware or software), files or content that contain viruses, Trojans, worms, spyware, adware, key loggers, logic bombs or any other material that is malicious, technologically harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data ("Harmful Code");
• use the Services in a manner that violates or infringes on any third party's rights of publicity, privacy, copyright, trademark, or other intellectual property rights or other rights;
• use the Services to troll, bully, harass, intimidate, cause distress to, threaten, hurt, embarrass, upset, defame, provoke or antagonise any other person;
• use the Services to communicate or make available any material or content which (i) is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; (ii) would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; (iii) is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; (iv) contains a threat of any kind, including threats of physical violence; or (v) is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; or
• engage in any other conduct which restricts or inhibits any person from using or enjoying the Services, or which, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content which is objectionable, in violation of these Terms or is otherwise harmful to the Services or our users. If you violate these Terms or applicable laws, we may suspend or terminate your access to the Services at any time with or without notice. You acknowledge that your violation of these Terms or applicable laws may result in civil, criminal or other liabilities. We reserve the right to report your violation(s) to law enforcement authorities and take other remedies available to us.


7. Service Plans, Renewal, Cancellation and Refund

Service Plans
Some of the Services are provided to you free-of-charge ("Free Services") while other Services require payment before you can use them, including but not limited to the Hypic Pro Services ("Premium Services" or, collectively with Free Services, "Service Plans"). Whether you use Free Services or purchase or subscribe to Premium Services, you must always use those Service Plans in accordance with these Terms and applicable laws, as well as all additional rules, guidelines, and requirements applicable to such Service Plans.
For more details of the Premium Services which we will provide you with, please refer to the detailed service descriptions on the purchase page of the relevant Premium Services on the Platform. Unless it is otherwise mandated by applicable laws of your jurisdiction, we reserve the right to change our Service Plans including, by adjusting the features or services available or by adjusting pricing for the Premium Services in any manner and at any time as we may determine in our sole and absolute discretion, which will not, without cause, affect the Services and rights you have purchased and acquired under these Terms before such changes take effect. We may develop different versions of this Platform with different Services for different terminal devices in different regions, and you should obtain, download and install the appropriate version for your device and jurisdiction.
If you purchase or subscribe to any of our Premium Services, you must first create an account on the Platform and login to the Platform. The Premium Services are only available to users of (i) the Apple iOS version of the Platform who have a valid Apple ID account, (ii) the Google Android OS version of the Platform who have a valid Google account.
You may purchase or subscribe to any of our Premium Services by paying via your Apple ID, Google account (as applicable), by paying the applicable purchase or subscription fees and taxes in the applicable currency of your jurisdiction. Unless you are a resident within the UK, EU or EEA or it is otherwise mandated by applicable laws of your jurisdiction, all Premium Services fees displayed to you are exclusive of taxes, and you agree that you may be charged with any applicable taxes in addition to the Premium Services fees. Failure to pay these fees and taxes will result in the failure, suspension or termination of your access to the Premium Services.
You may purchase or subscribe the Premium Services under a fixed billing period or an automatic renewal subscription fee in advance on a monthly basis or another interval set on the purchase page of the relevant Premium Services on the Platform or otherwise notified to you prior to your subscription or in accordance with other payment arrangement available.
If you purchase the Premium Services under an automatic renewal arrangement, you agree that (a) Apple, Google may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Premium Services, and (b) Apple and/or Google may calculate taxes payable by you based on the billing information that you provide at the time of purchase. Unless it is otherwise mandated by applicable laws of your jurisdiction, we reserve the right to change our Services Plans or adjust pricing for the Premium Services in any manner and at any time as we may determine in our sole and absolute discretion and will communicate any such changes to you in advance. Such changes will not, without cause, affect the Services and rights you have already purchased and acquired under these Terms prior to such changes taking effect. Such changes will not take effect immediately at the time of renewal of your subscription, unless you explicitly agree otherwise. In particular, price changes will not take effect immediately at the start of the subsequent subscription period following the date of the price change. You always have the right to terminate your subscription to the Premium Services at any time and voluntarily choose a different Service Plan. As such, please make sure you read any notification of Service Plan changes carefully.
You can find information about the pricing of the Premium Services either on the purchase page of our Premium Services or the Platform’s description page in Apple App Store and/or Google Play (as applicable). All subscriptions on the Hypic APP version are payable through your Apple ID and/or Google account and such payments will be processed in accordance with the terms and conditions of the Apple App Store and/or Google Play.


Renewal and Cancellation
If you subscribe to the Premium Services under an automatic renewable arrangement, your subscription fee will automatically renew for an additional period equal in duration as your preceding subscription term, unless indicated otherwise on the Platform, and your payment will automatically be charged at the start of each new subscription period for the fees applicable to that period, unless you cancel or change your subscription of the Premium Services before the end of the then-current subscription period applicable to you.
If you do not want to continue to be charged on a recurring basis, you must cancel your subscription to the Premium Services through your Apple ID, Google account and/or Facebook account (as applicable) before the end of the then-current subscription period. You can learn more about how to cancel your subscription of our Services here. If so cancelled, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise set forth in the "Supplemental Terms – Jurisdiction-Specific" section below or required by applicable law, e.g. if you cancel the subscription for cause. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services.
You may choose the Premium Services you would like to purchase or subscribe (including without limitation the term and the price of the applicable Premium Service you prefer). After the expiration of the term, the corresponding Premium Services will no longer be provided to you.


Refund policy
Unless otherwise set forth in the "Supplemental Terms – Jurisdiction-Specific" section below, if you subscribe the Premium Services (with or without automatic renewal agreement), you may, with or without reason, cancel your subscription of the Premium Services with a full refund within 14 calendar days following the start of your subscription to the Premium Services, provided that you do not have any usage of the Premium Services in any form whatsoever since you subscribe to the Premium Services. If you believe you are entitled to receive a refund, please contact us. Any refund of subscription fees will be made with the same payment method you used for payment of the subscription fees. You agree to comply with this refund policy and any of our further communication with you, if any.
Notwithstanding the foregoing, if you subscribe the Premium Services through Apple Pay or Google Pay, your cancellation and refund is subject to the terms and conditions of Apple App Store or Google Play. You will continue to have access to the Premium Services until your subscription payment is refunded by Apple or Google.
The above does not exclude or limit your right to refund, in full or in part, if the applicable laws require us to make such a refund to you.


8. Intellectual Property Rights

The Services are protected under the laws of copyright, patent, trademarks and other applicable intellectual property rights. All intellectual property rights in and to the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Unless expressly permitted in these Terms, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights, or access or use the Services or any content therein for any commercial or unauthorized purposes. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services or suspend or terminate the account of any user who infringes or is alleged to infringe any intellectual property rights or proprietary rights.


9. Content

Company's Content

• As between you and Company, all content, software, images, text, graphics, illustrations, logos, stickers, filters, animations, effects, templates, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of, the Services, and all intellectual property rights related thereto ("Company's Content"), are either owned or licensed by Company. Use of the Company's Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The Company's Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
• Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device, and to access the Company's Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company’s Content. You acknowledge and agree that Company may terminate this license to access and use the Services at any time for any reason or no reason.
• You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Services.
• We make no representations, warranties or guarantees, or conditions, whether express or implied, that any of the Company's Content is accurate, complete or up to date.

User-Generated Content

• You may be permitted to edit or exported your content to your devices through the Services including, without limitation, any text, photographs embodied therein (“User Content”). You may also overlay graphics, stickers, virtual items and other elements provided by us ("Platform's Elements") onto this User Content and export this User Content through the Services. The information and materials in the User Content, including User Content that includes Platform's Elements, have not been verified or approved by us. The views expressed by other users outside of the Platform do not represent our views or values.
• Whenever you access or use a feature that allows you to edit or export User Content to your devices through the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to edit or export your User Content to your devices, including User Content that includes Platform's Elements, on sites or platforms hosted by third parties (where applicable). If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
• You warrant that any such use does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
• You or the owner of your User Content always own the copyright in User Content edited and exported from the Platform.
• We accept no liability in respect of any content edited by users and exported by users from the Platform.

Third Party Content/Services

• Certain content available on the Platform may be provided by certain third parties rather than us. Certain identifiers may be displayed on the Platform to distinguish such third party content from the Company’s Content. You have a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use such third party content in the manner solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms and in the manner permitted on the Platform. Such third party content are not provided by us or endorsed by us. You acknowledge and agree that we are not liable for any such third party content and your access or use of such third party content.
• Where our Services contain links to other sites and resources provided by third parties, such as in the form of advertisements, these links are provided for your information only. We have no control over the content of those sites or resources. The presence of such links on our Platform, or presentation of such links to you as targeted advertisements during your use of the Service, should not be interpreted as any endorsement or approval by us of those linked websites, operators of those websites, or information you may obtain from them, or any representation that we have reviewed the content of such websites. Your use of such third-party sites or resources may be subject to terms and conditions (including privacy policies) between the providers of such sites or resources and you. We have no control over such terms and conditions and shall under no circumstances be a party to any arrangement (including agreement) or understanding between you and such providers.

Feedback.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees or personnel any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that the status of such Feedback is clearly understood by you and us. Accordingly, by sending Feedback to us, you agree that:

• we have no obligation to review, consider, comment on, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
• you irrevocably grant to us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

10. INDEMNITY

YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,SUBLICENSEES, AGENTS AND ADVISORS AND THEIR ASSIGNS AND SUCCESSORS (EACH AN “INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL DIRECT AND INDIRECT LOSSES, CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, WHICH MAY BE SUFFERED OR INCURRED BY AN INDEMNIFIED PARTY OR ASSERTED AGAINST AN INDEMNIFIED PARTY ARISING OUT OF A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR APPLICABLE LAWS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION OR WARRANTIES UNDER THESE TERMS.


11. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES (INCLUDING COMPANY’S CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WE MAKE NO CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR WILL NOT CONTAIN HARMFUL CODE;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, UP TO DATE, OR RELIABLE; OR
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS, REPRESENTATIONS, TERMS OR WARRANTIES AND TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES (INCLUDING COMPANY’S CONTENT) EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM AND/OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF ANY SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.


12. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

• (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS, CORRUPTION, DISCLOSURE, ACCESS, ALTERATION, MISUSE, MANIPULATION OR OTHER UTILIZATION OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER WHICH MAY BE INCURRED BY YOU; AND/OR
• (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
• ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES BY ANY USERS OR THIRD PARTIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, THIRD PARTY WEBSITE OR RESOURCE PROVIDER, OR OTHER USER OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DISPUTES WITH SUCH THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES SHALL BE LIMITED TO THE HIGHER OF (A) THE AMOUNT YOU HAVE PAID TO US WITHIN TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING SUCH CLAIM OR (B) FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE EXCLUSION OF WARRANTIES IN SECTION 11 AND LIMITATION OF LIABILITY IN THIS SECTION 12 AND IN THE OTHER PROVISIONS OF THESE TERMS AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH THE COMPANY WOULD NOT HAVE PROVIDED ACCESS TO THE PLATFORM AND/OR THE SERVICES TO THE USER.


13. Interruption and Termination of Services

We will use commercially reasonable efforts to keep the Services operational. However, we do not guarantee the availability of any Services, unless otherwise mandated under applicable laws. You acknowledge that the Services may be interrupted from time to time for various reasons (e.g., scheduled or emergency downtime or failure of network or telecommunication service providers).
We may also end the Services and your access or use of the Services permanently.
You agree that we will not assume any obligations or liabilities to you with respect to the Services for withdrawal of the Service Plans, or interruption, modification or termination of the Services or any part hereof, to the maximum extent permitted by applicable law.


14. Other Terms

a. Applicable Law and Jurisdiction. Except as may be set forth in any Supplemental Terms - Jurisdiction Specific section below, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
b. Survival. This Section 14.b, the rights granted to us in Section 9 (Content), and Sections 8 (Intellectual Property Rights), 10(Indemnity), 11(Exclusion of Warranties), 12 (Limitation of Liability) and remaining terms of Section 14 shall survive the termination of these Terms.
c. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
d. Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services, superseding any prior communications and proposals (whether oral, written or electronic) between you and us.
e. No Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
f. Security. We do not guarantee that our Services will be secure or free from bugs or viruses or Harmful Code. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
g. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
i. Rights of third parties. Unless specifically provided for under any Supplemental Terms - Jurisdiction Specific, any person who is not a party to these Terms shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 to enforce these Terms or any of its terms.
j. Prevailing language. These Terms may be provided in language versions other than English language version. Unless otherwise explicitly stated under these Terms, if there is any inconsistency among different language versions, the English version shall prevail.
k. Any Questions? Get in touch at retouchpics.support@bytedance.com.


Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform and the Services through specific devices and their applicable app stores:
Apple App Store. By accessing the Platform and the Services through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:

• These Terms are between the Company and you; Apple is not a party to these Terms.
• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform and the Services on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions.
• Apple is not responsible for the Platform and the Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform and the Services.
• In the event of any failure of the Platform and the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform and the Services, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform and the Services.
• Apple is not responsible for addressing any claims by you or a third party relating to the Platform and the Services or your possession or use of the Platform and the Services, including without limitation (a) product liability claims; (b) any claim that the Platform and the Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Platform and the Services or your possession and use of the Platform and the Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
• The Company expressly authorizes use of the Platform and the Services by multiple users through the Family Sharing or any similar functionality provided by Apple.

Google Play. By downloading the Platform and the Services from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:

• To the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform and the Services that you download from Google Play, and
• You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.

Supplemental Terms – Jurisdiction Specific
Japan
If you are using the Platform in Japan, the following additional terms apply:

• Age of Majority. If you are under 20 years old, you confirm that your parent or legal guardian consents to your access or use of the Service. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. If you have accessed or used the Service after you become 20 years old, you are deemed to have been consented to use the Service during the period while you were under 20 years old.

South Korea
If you are using the Platform in South Korea, the following additional terms apply:

• Applicable Law and Jurisdiction. Notwithstanding Section 14.a. above, these Terms, their subject matter and their formation, are governed by Korean law. You and we both agree that courts of Korea will have exclusive jurisdiction.
• Limitation of Liabilities. No limitation of liabilities set out above shall be applicable to the extent any loss or damage is incurred by you as a result of our wilful misconduct or negligence.
• Parental and Guardian Consent. The Services are only available for individuals 14 years old and over. If you are over the age of 14 but under the age of 19, you declare that you have the consent of your parent or legal guardian to receive the Services or to register an account for the Services.
• Change to the terms. The following terms shall apply with priority over Section 4 (Changes to these Terms) above.

• We amend these Terms from time to time to the extent that is permitted by the applicable laws.
• In the event we amend these Terms, we will notify you of the effective date of the changes and the reasons for applying the amendments through a notice to be posted on the landing page of our website or the splash screen of our mobile app, starting at least 7 days before the effective date of the new Terms until the day before the effective date; provided, however, in the event of any amendments that are material or will be disadvantageous to you, we will make reasonable efforts to provide prior notice to you, and the new Terms shall take effect at least 30 days after the first date of notice. However, any changes related to the new functions of the service that benefit users or for legal reasons may be effective immediately.
• If you fail to explicitly express your objection to the amended Terms even though we notified you that your failure to do so within the above advance notification period will be considered as an acceptance of the changes, you will be considered to have agreed to the new Terms.
• Prior Notification of Service Restrictions, etc. In the event we implement changes that are unfavourable to you (including our suspension or restriction of the availability of our Services), we will notify you in individually of the reason for the action without delay. However, in the event that individual notice is prohibited for legal reasons or is reasonably deemed to cause harm to Users, third parties, Hypic and our affiliates (e.g., if the notification violates the laws and regulations or the order of the regulatory authorities, if it interferes with any investigations, if it damages the security of our Services, etc.), the notification may not be issued.
• Consent to the Terms. The following terms shall apply with priority over the first paragraph of Section 2 (Accepting these Terms) above. These Terms are effectuated when you consent to these Terms, submit a request to use the relevant service and we accept such request. Your access to and use of our Services are also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference. Notwithstanding Section 2 (Accepting these Terms) above, by consenting to these Terms, you are not consenting to our Privacy Policy. You must consent to the Privacy Policy separately from these Terms.

Indonesia
If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

• Accepting these Terms. By using the Services, you represent and warrant that you are at least 21 years of age or married or not under guardianship. If you are (i) below 21 years old and you are not married or (ii) under guardianship, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting to these Terms, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with these Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protection. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.
• Limitation of Liabilities. The limitation of liabilities set out in Section 12 (Limitation of Liability) above shall not be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
• Age Limit. The Services are only for people who are 14 years old or older in Indonesia.
• Waiver. We and you expressly agree to waive and set aside our respective rights and obligations under any applicable laws in the event of any termination of these Terms to the extent that such law requires any judicial pronouncement for the termination of these Terms.
• Language. These Terms have been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. You acknowledge and agree that (i) you have read these Terms and understands the content of these Terms; (ii) you enter into these Terms freely and without duress, and (iii) you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Terms.

Thailand
If you are using the Services in Thailand, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

• Parental and Guardian Consent. If you are under the age of 20, or if you are a quasi-incompetent person, or an incompetent person, you declare that your parent or legal guardian has acknowledged to these Terms and you had the consent of your parent or legal guardian to use the Services.
• Language. Any local language translation (where applicable) of these Terms exists for reference purposes only, and only the English version shall take precedence. If there is any inconsistency between different versions, the English version shall prevail.

Vietnam
If you are using our Services in Vietnam, the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.

• Your Relationship With Us: These Terms of Service, as may be amended from time to time, govern the relationship and serve as an agreement between you and ByteDance Pte. Ltd., having its registered address at 1 Raffles Quay, Postal 048583, #26-10, Singapore and telephone no.+65 6950 4420(the "Company", "we", or "us"), and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, websites, products and/or content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, "you" and "your" means you as the user of the Services.
• Accepting these Terms. By participating in the Services, you represent that you are at least aged 18 and above. If you are below 18 years old, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s), and your use of the Services are under the control and responsibilities of your parent(s) or legal guardian(s). You also represent and warrant that Your parent(s) or legal guardian(s) have agreed to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with these Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protection. If you do not have consent from your parent(s) or legal guardian(s) to use the Services, you must cease accessing the Services.
• Changes to these Terms. Notwithstanding the foregoing, if we notify you of any changes to these Terms through a notice on the Platform or a push notification, such updated Terms will constitute a new binding agreement between you and Company. For the avoidance of doubt, the updated Terms will supersede the existing ones, with the effective date provided in the notice or the push notification. Your continued access to or use of the Platform and/or Services after you have received the notice or the push notification constitutes your acceptance of the updated Terms. You agree that your continued access to or use of the Platform and/or Services can be made after you complete the reading and understanding of the whole updated Terms, and confirm that you have fully understood the updated Terms and that you (i) accept such updated Terms, and (ii) comply with them. If you have not done so, you must stop accessing or using the Platform and Services. Company will not be responsible for any unauthorized use of the Platform and Services.
• Prevailing Language. These Terms have been prepared in the English language and Vietnamese language. In the event of any inconsistency or different interpretation between the English text and Vietnamese text, the English text shall prevail and the relevant Vietnamese text shall be deemed to be automatically amended to conform with and to make the relevant Vietnamese text consistent with the relevant English text. Each of Hypic and you acknowledges that it has read these Terms and understands the content and that these Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms.

The United States
If you are using the Platform in the United States, the following additional terms apply:

• Governing Law. These Terms, their subject matter and their formation, are governed by the laws of the State of California.
• Arbitration and Class Action Waiver
• This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
• Informal Process First. You agree that in the event of any dispute between you and the Company, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
• Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and the Company. However, this arbitration agreement does not (a) govern any Claim by the Company for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
• You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
• If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to the Company via the below channels:

Email: retouchpics.support@bytedance.com
Address: 1 Raffles Quay, #26-10, South Tower, Singapore 048583

• The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
• The arbitration proceeding will be conducted in Los Angeles, California in the English language.
• Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
• The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below. To the extent a Claim for public injunctive relief is available to you, such Claim may only be heard by a court of law following the conclusion of a related arbitration on any other Claims.
• If you do not want to arbitrate disputes with the Company and you are an individual, you may opt out of this arbitration agreement by sending a notice via email: retouchpics.support@bytedance.com within thirty (30) days of the first of the date you access or use the Services.
• CLASS ACTION WAIVER. ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.

If this class action waiver is found to be invalid or unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. If any other provision of the Arbitration Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law.

If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.

• California Resident. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
• California Civil Code § 1542. If you are a California resident, you waive California Civil Code § 1542, which states that a "general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
• Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
• U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
• Use of the Platform. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Platform. We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform or will be available in any particular geographic location. As part of the Services, you may receive push notifications or other types of messages directly sent to you in connection with the Platform ("Push Messages"). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of Push Messages. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Push Messages.

Canada
The following terms apply if you reside in Canada:

• Governing Law. These Terms shall be governed by the laws of the Province of Ontario, without regard to its conflict of law principles. The courts located in the Province of Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms and each party hereby consents to the exclusive jurisdiction of such courts.
• Account. You are responsible for keeping your account passwords secure. Company will not be liable for any loss or damage caused by or arising from a failure by you to maintain the security of your account and password.

• Privacy. We shall secure any personal information submitted in your use of the Services with all necessary safeguards appropriate to the level of sensitivity of the personal information. We shall only process personal information on behalf of you in accordance with all laws and regulations, of Canada (including the Personal Information Protection and Electronic Documents Act (Canada) and the Canadian Anti-Spam Legislation) applicable to the processing of personal information under these Terms and our Privacy Policy.

• Connectivity. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use any the Services. We do not guarantee that the Platform or requisite Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Services or will be available in any particular geographic location. As part of the Services, you may receive push notifications or other types of messages directly sent to you in connection with the Platform (“Notifications"). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Notifications. You have control over the Notification settings, and can opt in or out of these Notifications through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform and Services, including your receipt of Notifications. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Notifications as applicable.

• Changes to these Terms. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, COMPANY MAY UNILATERALLY AMEND THESE TERMS OF SERVICE, IN WHOLE OR IN PART (EACH, AN “AMENDMENT”), BY: (I) GIVING CUSTOMER PRIOR NOTICE OF SUCH AMENDMENT; OR (II) POSTING NOTICE OF SUCH AMENDMENT ON THE PLATFORM. UNLESS OTHERWISE INDICATED BY COMPANY ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS PROVIDED TO CUSTOMER OR IS POSTED ON THE PLATFORM (WHICHEVER IS THE EARLIER). YOUR CONTINUED USE OF THE PLATFORM AFTER THE EFFECTIVE DATE OF ANY AMENDMENT CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE WITH ANY OF THE NEW TERMS, THEN YOU MUST CEASE USING THE SERVICES AND ACCESSING THE PLATFORM.

• Export Restrictions. You hereby represent and warrant that you are not located in, under the control of, and is not a national or resident of, any country to which the export of the Services or related information would be prohibited by the laws and/or regulations of Canada. You also represent and warrant that you are not an individual to whom the export of the Services or use of the Platform and related information would be prohibited by the laws and/or regulations of Canada. You shall comply with the export laws and regulations of Canada that are applicable to the Platform and related information and you shall comply with any local laws and/or regulations in that may impact your right to export, import, or use the Platform or related information, and you represent and warrant that you have complied with any such applicable laws and/or regulations.
• Dispute Resolution and Arbitration. This clause does not apply if you are a resident of Quebec. The parties shall attempt to resolve any and all disputes, claims, or controversy arising out of or relating to the Agreement, including but not limited to the breach, enforcement, interpretation, or validity thereof, including whether any claim is arbitrable (“Disputes”), promptly by amicable negotiation. The parties agree to commence such amicable negotiation by delivering written notice of any such Dispute to the other party. Any and all Disputes that are not resolved by amicable negotiation within sixty (60) days of receipt of written notice of the Dispute will be referred to and be determined by final and binding arbitration according to the ADR Institute of Canada Inc.’s rules and procedures (“ADRIC Rules”) in effect at the time the arbitration is commenced. The parties agree that for Disputes with amounts claimed less than or equal to $250,000, the arbitration will be conducted using the Simplified Arbitration Procedure set out in the ADRIC Rules. The arbitration will be conducted before a single neutral arbitrator and there will be no appeal from the arbitrator’s final award. The seat of arbitration will be Toronto, Ontario and the language of the arbitration shall be English. Judgment on the award may be entered in any court of competent jurisdiction located in the Province of Ontario situated in the City of Toronto. This clause will not preclude either party from seeking interim or provisional remedies from a court of appropriate jurisdiction. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses, administrative fees and expenses, and preparation and presentation of evidence at the arbitration. Any costs or fees of the arbitrator, ADRIC or use of arbitration facilities will be shared equally by the parties. Arbitration proceedings and information related to them will be deemed and maintained as the confidential information of each party, including the nature and details of the Dispute, evidence produced, testimony given, and the outcome of the Dispute, unless agreed otherwise or such information was already in the public domain or was independently obtained. Company and you, and all witnesses, advisors, and arbitrators will share such information only as necessary to prepare for or conduct arbitration or other legal proceeding, or enforcement of the outcome, unless additional disclosure is required by applicable law.

If you specifically reside in the Province of Quebec, the following terms shall apply:

• Governing Law. These Terms will be governed by and construed under the substantive laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
• Changes to these Terms. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, COMPANY MAY UNILATERALLY AMEND THESE TERMS OF SERVICE, IN WHOLE OR IN PART (EACH, AN “AMENDMENT”), BY: (I) GIVING CUSTOMER THIRTY (30) DAYS’ NOTICE OF SUCH AMENDMENT; OR (II) POSTING NOTICE OF SUCH AMENDMENT ON THE SERVICES. UNLESS OTHERWISE INDICATED BY COMPANY ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS PROVIDED TO CUSTOMER OR IS POSTED ON THE SERVICES (WHICHEVER IS THE EARLIER). YOUR CONTINUED USE OF THE PLATFORM AFTER THE EFFECTIVE DATE OF ANY AMENDMENT CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE WITH ANY OF THE NEW TERMS, THEN YOU MUST CEASE USING THE SERVICES.

• Miscellaneous. Consumer protection laws in some jurisdictions, including Quebec, do not allow for certain limitations and exclusions of warranties. If these laws apply to you, the exclusions or limitations in the following sections of these Terms may not apply: Indemnity, Exclusion of Warranties, and/or Limitation of Liability.
• French Language. The parties hereto confirm that they have requested that this agreement and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.

European Union and United Kingdom

The following terms apply if you reside in the European Union or the United Kingdom:

• Nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract. The European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/.
• Without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or cancel your account or impose limits on or restrict your access to parts or all of your account or the Services:

• if you violate, or we believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines;
• in response to requests by law enforcement or other government agencies under valid legal process;
• due to unexpected technical or security issues or problems; or
• if your account shows extended periods of inactivity in accordance with our account deletion policy.

If we permanently suspend or terminate your account, we will notify you in advance and allow you reasonable time to access and save information, files, and content associated with your account unless we have reason to believe that continued access to your account will violate applicable legal provisions, requests by law enforcement or other government agencies, or cause damage to us or to third parties.

• Nothing in these Terms affects any legal rights that you are entitled to as a consumer under European Union member state laws which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in Sections 11 (Exclusion of Warranties）and 12 (Limitation of Liability） of the Terms will not apply to you if you are a consumer living in a European Union country.

Section 7 (Service Plans, Renewal, Cancellation and Refunds) of these Terms is replaced with the following language:
Renewal and Cancellation
If you subscribe to the Premium Services under an automatically renewable agreement, your subscription fee will automatically renew for an additional period equal in duration as your preceding subscription term unless indicated otherwise on the Platform, and your payment will automatically be charged at the start of each new subscription period for the fees applicable to that period, unless you cancel or change your subscription of the Premium Services before the end of the applicable subscription period.
If you do not want to continue to be charged on a recurring basis, you must cancel your subscription of the Premium Services through your Apple ID/Google account before the end of the then-current subscription period. You can learn more about how to cancel your subscription of our Services here. If you cancelled, you will still have access to the Premium Services until the end of the then-current subscription period and be charged the full subscription fee for such subscription period unless otherwise set forth in the "Supplemental Terms – Jurisdiction-Specific" section below or required by applicable law, e.g. if your cancelled the subscription for cause. After the cancellation takes effect on the last day of the then-current subscription period, you will be downgraded to the Free Services.
If your Premium Services term expires and you do not renew or you downgrade to other Services, we have the right to cancel your corresponding Premium Services or downgrade those to the Services consistent with your actual payment, i.e. downgrade your cloud space storage capacity to the free storage capacity provided by the Platform or downgrade it to the corresponding capacity consistent with the amount you actually pay for. Within the time limit that we have notified you in advance, you should transfer and back up your content (including but not limited to your video drafts, photos, stickers and other materials) stored in the cloud space provided by the Platform under your Premium Services before the expiration of such Services, and ensure that the content you store does not exceed the storage capacity that you are entitled to use, so as to avoid the loss of your content and data due to the absence of sufficient cloud space storage capacity. We shall not be liable for any loss of content or data resulting from your failure to procure and pay for sufficient cloud space storage capacity.
Whether it is Free Services or Premium Services provided by the Platform, you will always use those services in accordance with all the relevant rules of the Platform, file type restriction, format restriction, size limit, etc. If your use violates any rule, we have the right to stop the corresponding Services, and delete content that exceeds your entitled storage capacity or that does not comply with the relevant rules. If you do not complete the back up or transfer of any relevant content within the time limit after being prompted by us, we shall not be liable for any resultant loss of content or data.
Withdrawal information and Refunds
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Bytedance Pte. Ltd., [ 1 Raffles Quay, #26-10, South Tower, Singapore 048583,hypic.support@bytedance.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportional to what has been provided until you communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

• To: Bytedance Pte. Ltd., 1 Raffles Quay, #26-10, South Tower, Singapore 048583, Hypic.support@bytedance.com
• I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods (*) /for the provision of the following service(*),
• Ordered on(*) /received on(*) ,
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date

*Delete as appropriate.
Notwithstanding the foregoing, any cancellation and refund via the Apple App Store or Google Play is subject to the terms and conditions of Apple's App Store Terms of Service and Google Play Terms of Service respectively. You will continue to have access to the Premium Services until your subscription payment is refunded by Apple or Google.
Section 13 (Interruption and Termination of Services) of these Terms is replaced with the following language:
Modification, Interruption and Termination of Services
We reserve the right to change our service plans, including adjusting features/services available if there is a valid reason for the change. A valid reason may be in particular (i) to implement changed legal requirements or case law, (ii) to implement changed technical requirements such as a new technical environment or other operational reasons, (iii) to maintain operations, (iv) to adapt to changed market conditions such as increased user numbers, and (v) for your benefit. You will not incur any additional costs for changes to the Service Plans and their functionality. We will inform you about the change in a clear and comprehensible manner.
If a change to our service plans affects your ability to access or use the service plans more than insignificantly ("Significant Change"), we will inform you of this at least six weeks in advance by e-mail ("Change Notice"). The Change Notice will include the characteristics and timing for the Significant Change and describe your rights, which are as follows:
In the event of Significant Changes, you have the right to terminate the contract free of charge with 30 days' notice. The period begins once you received the Change Notice. If the change is made after you have received the Change Notice, the period shall only start once we implemented the change.
We will use commercially reasonable efforts to keep the Services operational. However, we reserve the right to interrupt or modify the availability of the Services or any part thereof (including modifying or withdrawing any Services) from time to time such as for scheduled or emergency downtime, unless prohibited by applicable law. We will take your legitimate interests into account and will inform you of any restriction in good time.
If you have subscribed to the Services, we will refund any subscription fees paid but not used on a pro rata basis to you if required by applicable law.

Sections 10 (Indemnity) and 11 (Exclusion of Warranties) of the terms are replaced by the following:

• For damages with respect to injury to health, body or life caused by us, our representatives or our agents in the performance of the contractual obligations, we are fully liable. We are fully liable for damages caused wilfully or by gross negligence by us, our representatives or our agents in the performance of the contractual obligations. The same applies to damages which result from the absence of a quality which was guaranteed by us or to damages which result from malicious action. If damages with respect to a breach of a contractual core duty are caused by slight negligence, we are liable only for the amount of the damage which was typically foreseeable. Contractual core duties, abstractly, are such duties whose accomplishment enables proper performance of an agreement in the first place and whose performance a contractual party regularly may rely on. Our liability based on the German Product Liability Act remains unaffected. Any further liability is excluded. The limitation period for claims for damages against us expires after one (1) year.
• These Terms, their subject matter and their formation, are governed by the laws of Singapore subject only to any mandatory provisions of consumer law in the European Union country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply. You and Hypic irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

Our approach to content moderation
We review content uploaded by our users proactively (through systems we have in place which detect illegal and harmful content, including content which may be in violation of these Terms or our Community Guidelines) and reactively (for example, on receipt of notice from users or authorities). To do this we deploy a combination of technology and human moderators.
• We use automated moderation technology to identify content that violates our Terms or Community Guidelines. This technology looks at a variety of signals across content, which may include, for example, keywords or images to detect potential violations.
• Human moderators work alongside our automated moderation systems to review and assess content that may violate our Terms or Community Guidelines. Our moderators undergo regular training on our content moderation processes and policies.
We may remove or restrict access to any content, including yours, if we reasonably believe (i) it is in breach of these Terms or our Community Guidelines or (ii) it causes harm to us, affiliates, our users or other third parties. In case of severe or repeated violations, we might also take account-level action, including suspending your access to certain features, or temporarily or permanently banning your account.
If you think we have made a mistake in removing or restricting your content or restricting or suspending your account, you can contact us via retouchpics.support@bytedance.com.

Brazil
If you are using the Platform in Brazil, the following additional terms apply:
a. Accepting these Terms. To use or access the Platform, you must agree with the Terms. Be aware that the provisions herein will govern the relationship between you and the Platform. If you do not agree with all terms below, you will not be allowed to use or access the Platform. Your access to and use of our Services is also subject to our Privacy Policy, which you also have to agree with, and the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference.
b.Parental and Guardian Consent. If you are 16 years of age or above but under the age of 18, you declare that you had the assistance of your parent or legal guardian to use the Services and to agree to these Terms. If you are under the age of 16, your parent or legal guardian must agree to these Terms on your behalf, otherwise you cannot use the Services. If you are the parent or legal guardian responsible for the minor, this Terms are applicable to you, and you hereby agree with them.
c. Changes to these Terms. In the case of relevant changes that require the user´s consent, we will present the new Terms to obtain your consent in relation to the new Terms.
d. Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by Brazilian law. You and we both agree that the courts of Brazil will have exclusive jurisdiction.
e. Language. These Terms of Service may have been prepared in the English language and in the Portuguese language. If you are a user residing in Brazil, you shall refer to the Portuguese version, which shall prevail.
f. Your Content. In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services (“Your Content”). As a condition of your use of the Services, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, reproduce, transmit, and display Your Content in connection with your use of the Services. By submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to upload the material and to grant us the license described above. Notwithstanding anything to the contrary, we do not, nor have any obligation to maintain Your Content. Your Content will not be available once you delete the Platform.
g. Use of the Platform. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Platform. We do not guarantee that the Platform can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Platform or will be available in any particular geographic location. As part of the Services, you may receive push notifications or other types of messages directly sent to you in connection with the Platform (“Push Messages”). You acknowledge that, when you use the Platform, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Platform, including your receipt of Push Messages. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Platform on your mobile device, including for your receipt of Push Messages.
h. Termination. We reserve the right, in our sole discretion, to deny access to the Platform and the Services by any User, or to modify, suspend or terminate any User's access to or use of the Platform and the Services at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing the Platform and the Services, or any part thereof, with or without notice. We may notify the User about the termination or suspension of the account or discontinuance of the Platform and the Services within 15-day prior notice given by communication via e-mail, message, app or other alternative means of communication only if User has not given cause for such termination, suspension or discontinuance, otherwise we are not obliged to prior communicate the User.


Mexico
If you use our Services in Mexico, the following additional terms apply. In the event of a conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. If you are under the age of 18, you may only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.
Personal Data. We will process your personal data for purposes related to the execution and administration in accordance with our Privacy Policy and these Terms. You grant us consent to share your personal data with third parties if necessary to comply with our obligations. You may exercise your data protection rights by contacting us via the Privacy Report.
We may process your personal data to contact you and require additional or complementary information related to the intents established in these Terms.
Language. These Terms have been prepared in the English language and in the Spanish language. If you are residing in Mexico, you shall refer to the Spanish version, which shall prevail.
Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Mexico. Any dispute arising out of or in connection with these Terms, including any question relating to the existence, validity or termination of these Terms, when applicable, may be brought to the conciliation process before the Procuraduría Federal de Protección al Consumidor (Consumer Protection Agency) located in Mexico City, or submitted to the jurisdiction of the competent courts located in Mexico City.