Terms of Service
Last updated: [Jul 31， 2024]
1. Your Relationship with Us
Hello and Welcome to Blopee！
These Terms of Service (the “Terms”) govern the relationship and serve as an agreement between you and Socreate HK Limited (“Blopee”, “we” or “us”). They cover the Blopee mobile application (the “App”) and the available website (the “Website”). We’ll refer to our App and Website (collectively, “Platform”), together with any content, tools, features and functionality offered on or through them, as the “Services”. Our Services are only provided for personal use, non-commercial use.
The Terms set forth the terms and conditions by which you may access and use the Services. Please take the time to read them carefully. If you are a child under 18 years old, please make sure you read the Terms accompanied and instructed by your legal guardian, and your use of the Services shall be deemed that you have got the prior consent of your parent or legal guardian.
In the Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to the Terms, and (b) you agree to the Terms on the entity’s behalf.
2. Accepting the Terms
By accessing or using our Services, you confirm that (a) you are legally competent to form a binding contract with Blopee; and (b) you accept these Terms and that you agree to comply with them. Condition of Use is also subject to our Privacy Policy, which can be found directly on the Platform. To use the Services, you shall consent to the Privacy Policy.
You can accept the 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 the Terms from that point onwards.
3. Use of the Services
A. About the Services
Blopee offers a personal Artificial Intelligence (AI) chatbot service through a text and voice interface.
User Safety
Blopee prioritises the safety and wellbeing of our users. We strongly advise all users to exercise caution and refrain from disclosing sensitive personal information during conversations with the chatbot. This includes, but is not limited to, financial details, addresses, contact information or passwords. While we implement security measures to safeguard user data, we cannot guarantee the security of information shared during interactions.
Users are solely responsible for protecting their personal information and should be aware of potential risks associated with online conversations. We encourage users to report any suspicious or inappropriate behaviour encountered on the platform, as we are committed to maintaining a safe and respectful environment for all users.
Modification to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Blopee will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
B. Your Account on the Platform
Registration Obligation. When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 18 years old, you are not authorized to use the Services, and do not sign up for the Services without the consent of your legal guardian. To access or use our Services, you must create an account on the Platform.
Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. Blopee will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You are not allowed to transfer your account on the Platform to any third party, and you understand and agree to use such account in accordance with these Terms. We reserve the right to disable your account at any time, if you have failed to comply with any of the provisions of these Terms, or if any activities occur on your account which, in our sole discretion, would or might cause damage to the Services or to other users, violate these Terms, infringe any third party rights, or violate any applicable laws or regulations.
C. General Practices regarding Use and Storage
You acknowledge that Blopee may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be alotted on Blopee’s services on your behalf. You agree that Blopee has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Blopee reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Blopee reserves the right to change these general practices and limits any time, in its sole discretion, with or without notice.
4. Condition of Use
Your access to and use of the Services is subject to these Terms, our Privacy Policy, and all applicable laws and regulations. You are solely responsible for all content you submit to the Services. You should not:
violate any laws, regulations, court judgments, decisions, orders, or legally binding administrative measures;
commit any illegal acts or acts that may encourage illegal acts;
access or use the Services if you cannot fully comply with these Terms or are not legally competent to agree to these Terms;
exploit the Services or any aspect thereof, such as make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of Blopee placed upon or contained within the Services;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge;
use the Services, without our express written consent, for any commercial or unauthorised purpose;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prohibit or restrict access to the Services
incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse to provide any Services, terminate accounts or restrict access to the Services in our sole discretion;
use automated scripts to collect information from or otherwise interact with the Services;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression through any content you upload, post, transmit, distribute or otherwise make available emanating from your access and use of the Services;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use or attempt to use another’s account, service or system without authorization from Blopee, or create a false identity on the Services
use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
use the Services to upload, transmit, distribute, store or otherwise make available in any way:
o files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
o any private information of any third party, including addresses, phone numbers, email addresses, numbers and features in personal identity documents (e.g., ID numbers, passport numbers) or credit card numbers;
o any material which does or may infringe any copyright, trade mark or other intellectual property or image rights or personality rights or privacy of any other person;
o any material which is defamatory, insulting, libellous to any person, obscene, offensive, pornographic, hateful or inflammatory;
o any material that would constitute, encourage or instigate a criminal offence, dangerous activities or self-harm;
o any material that is deliberately designed to provoke or antagonize any person(s), especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset any person(s);
o any material that contains a threat of any kind, including threats of physical violence;
o any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, nationality, disability or sexuality;
o any answers, responses, comments, opinions, analyses or recommendations that you are not properly licensed or otherwise qualified to provide;
o any material that is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable laws; or
o any material that, in the sole judgment of Blopee, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Blopee, the Services or its users to any harm or liability of any type.
commit any other acts that we determine to be inappropriate.
To the extent Blopee chooses to support voice or audio features, you agree not to do any of the following in connection with your use of the Services:
• (i) submit voice recordings of third parties (including but not limited to celebrities) without their consent;
• (ii) use any Blopee voice feature to engage in “deepfakes” or impersonation of any kind, including but not limited to those that create political misinformation, perpetrate frauds or scams, impugn the reputation of third parties, or otherwise amount to harmful conduct.
We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing content from the Services, suspending or terminating your account, and reporting you to law enforcement.
5. Intellectual Property Rights
We respect intellectual property rights and ask 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. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the account of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
A. Blopee Content
You acknowledge and agree that, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and all intellectual property rights related thereto on the Services (the “Blopee Content”), are either owned or licensed by Blopee. Use of the Blopee Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content should 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 the Services and Blopee Content.
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Blopee Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Blopee reserves all rights not expressly granted herein in the Services and the Blopee Content. You acknowledge and agree that Blopee may terminate this license at any time for any reason or no reason.
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 our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Blopee Content is accurate, complete or up to date.
B. AI-Generated Content
By using the Services you acknowledge that the responses you get from the chatbot provided by the Services are software generated and not human-generated, and Blopee cannot control and does not endorse them.
The output of the chatbot depends on the prompts you provided to the chatbot. The AI chatbot learns and responds based on the conversations you lead and the parameters you set. You, as the user of the Services, are therefore solely responsible for the output generated by the chatbot through text messages and voice messages and for your own actions through the Services.
As between you and Blopee, and to the extent permitted by applicable law, you own the text(s) the chatbot generates ("AI-Generated Content") that are elicited or prompted by you from the chatbot (but not other AI-Generated Content or other content, all of which will remain owned by Blopee or the other third-party owner(s) thereof, as applicable). You grant Blopee, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use all AI-Generated Content elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users' ability to interact with chatbot and elicit AI-Generated Content, and (ii) promoting the Services on- or off-platform.
For the sake of clarity, the avatars along with the virtual products of the chatbot and dynamic images of chatbot which are provided by Blopee in the Services are the content of Blopee, and you can only use them as required in the terms of Blopee Content above.
Under no circumstances will Blopee be liable for any loss or damage of any kind incurred as a result of your use of the Bots and any resulting AI-Generated Content. This includes, but is not limited to, infringement of intellectual property rights, defamation, errors or omissions in any content, and any loss or damage of any kind incurred by you or any third party as a result of AI-Generated Content or use of any such content. You acknowledge that we do not pre-screen any AI-generated chats or responses, which by their nature, are unpredictable and may produce AI-Generated Content that are inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the creation and use of any AI-Generated Content, including any illegality in the AI-Generated Content. You should not rely on the accuracy or completeness of statements made in AI-Generated Content, and if you do so, you acknowledge that it is at your own risk.
Should you find the chatbot’s responses to be offensive, indecent or objectionable, you may notify us at [socreate.app@gmail.com] and we will thoroughly examine the claim and at our discretion make the necessary measures, if possible, to the chatbot.
C. Content You Submit
When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant Blopee, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any Blopee-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services. You agree that these rights and licenses include a right for Blopee to make the Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose the Content to third parties if we determine such access is or may be necessary or appropriate.
While we’re not required to do so, we may access, review, screen, edit, modify and delete your Content at any time and for any reason, including to provide and develop the Services or if we think the Content violates these Terms or any applicable laws.
Waiver of Rights to the Content. We have the right to disclose your identity to any third party who is claiming that any Content you submit to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
If you have any other issues you'd like to raise, you can contact us at: [socreate.app@gmail.com]. Blopee will take reasonable measures in accordance with the law.
If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, video, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), you agree that:
Blopee has no obligation to review, consider, 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 us perpetual and unlimited permission to 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.
6. Indemnity
You agree to fully indemnify and defend Blopee, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors (collectively, “Indemnitees”) from and against any and all claims, demands, actions, suits proceedings, damages, obligations, losses, liabilities, costs, penalties or expenses (including but not limited to legal fees incurred by the Indemnitees on a full indemnity basis) including, without limitation to, those suffered or incurred by the Indemnitees arising out of or in connection with:
your use of the Platform and Services;
a breach by you or any user of your account of these Terms or your obligations under these Terms; and
your infringement of any third party right (including any intellectual property rights (such as copyright and trademarks), property rights or privacy rights).
7. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS, INCLUDING YOUR RIGHT TO APPLY FOR MODIFICATION OR RESCISSION OF THESE TERMS AS YOU ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAWS IN YOUR JURISDICTION, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE SERVICES OR ANY CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICES. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
WE WILL DO OUR BEST TO PROVIDE THE SERVICES THAT SATISFY OUR USERS, BUT WE CANNOT MAKE OR GIVE ANY GUARANTEE, WARRANTY OR ASSURANCE IN RELATION TO THE SERVICES, INCLUDING THAT:
THE SERVICES WILL BE SATISFACTORY TO YOU;
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
THE PLATFORM IS FREE FROM ANY VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
YOUR USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES;
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; AND
THE CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION.
IN THE EVENT THAT THE LAWS OF THE JURISDICTION YOU ARE IN DO NOT PERMIT OR IMPOSE RESTRICTIONS ON THE ACCESS TO ANY CONTENT ON THE SERVICES, YOU SHALL FORTHWITH DISCONTINUE ACCESS TO SUCH CONTENT OR COMPLY WITH SUCH RESTRICTIONS (AS THE CASE MAY BE).
YOU ACKNOWLEDGE AND AGREE THAT BLOPEE DOES NOT WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED BY OR TO YOU USING THE SERVICES AND YOU HEREBY ACCEPT THE RISK THAT ANY INFORMATION TRANSMITTED OR RECEIVED USING THE SERVICES MAY BE ACCESSED BY UNAUTHORISED THIRD PARTIES AND/OR DISCLOSED BY BLOPEE AND BY ITS OFFICERS, EMPLOYEES OR AGENTS TO THIRD PARTIES PURPORTING TO BE YOU OR PURPORTING TO ACT UNDER YOUR AUTHORITY. YOU WILL NOT HOLD BLOPEE OR ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS RESPONSIBLE OR LIABLE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), EQUITY OR OTHERWISE, FOR ANY SUCH ACCESS OR DISCLOSURE OR FOR ANY LOSS (WHETHER DIRECT OR INDIRECT, OR WHETHER FORESEEABLE OR NOT) SUFFERED OR INCURRED BY YOU AS A RESULT OF ANY SUCH ACCESS OR DISCLOSURE.
8. 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 BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUB-CONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
A. CIRCUMSTANCES WE SHALL NOT BE LIABLE TO YOU
IN NO EVENT SHALL BLOPEE BE LIABLE FOR ANY FAILURE TO PROVIDE THE SERVICES OR DELAY IN THE SERVICES DUE TO FAILURE OF INTERNET CONNECTION, FAILURE OF COMPUTER, COMMUNICATION OR OTHER SYSTEMS, POWER FAILURE, STRIKE, LABOUR DISPUTE, REBELLION, RIOT, DISTURBANCE, LACK OF PRODUCTIVITY OR MEANS OF PRODUCTION, FIRE, FLOOD, STORM, EXPLOSION, FORCE MAJEURE, WAR, GOVERNMENTAL ACTION, INTERNATIONAL OR DOMESTIC COURT ORDER OR INACTION OF A THIRD PARTY.
WE SHALL NOT BE LIABLE TO YOU FOR (A) ANY LOSS OF PROFIT OR ANTICIPATED SAVINGS (WHETHER ARISING DIRECTLY OR INDIRECTLY); (B) ANY LOSS OF GOODWILL OR REPUTATION; (C) ANY LOSS OF CONTRACT OR OTHER BUSINESS OPPORTUNITY; (D) ANY LOSS OR CORRUPTION OF DATA SUFFERED BY YOU; (E) ANY INDIRECT, PUNITIVE OR SPECIAL DAMAGES, OR INCIDENTAL OR CONSEQUENTIAL LOSS THAT YOU MAY SUFFER; OR (F) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, OR DEATH OR PERSONAL INJURY CAUSED TO YOU OR ANY THIRD PARTY (SAVE FOR OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUB-CONTRACTORS) AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVSERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE
YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES (INCLUDING IN CONNECTION WITH THE MAINTENANCE, FAILURE, ERROR OR UNAVAILABILITY OF ANY PART OF THE SERVICES)；
ANY CHANGES WE MAY MAKE TO THE SERVICES, OR THE PERMANENT OR TEMPORARY SUSPENSION OF THE PROVISION OF THE SERVICES (OR ANY FEATURE WITHIN THE SERVICES);
ANY DEFECT, ERROR, IMPERFECTION, MALFUNCTION, FLAW OR INACCURACY IN THE SERVICES, THEIR CONTENT OR RELATED SERVICE;
THE DELETION, CORRUPTION OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY YOU USING OR THROUGH THE USE OF THE SERVICES
ERRORS OR OMISSIONS IN THE CONTENT (INCLUDING USER CONTENT);
THE USE OF, ACCESS TO, OR PROHIBITING ACCESS TO THE CONTENT (INCLUDING USER CONTENT);
ANY SYSTEM, SERVER OR CONNECTION FAILURE, ERROR, NEGLIGENCE, INTERRUPTION, DELAY IN TRANSMISSION, NON-DELIVERY OF MESSAGES, PROBLEMS WITH YOUR EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, COMPUTERS, MOBILE PHONES, SMARTPHONES AND ELECTRONIC NOTEPADS), COMPUTER VIRUSES OR OTHER MALICIOUS, OR DESTRUCTIVE CODE, AGENTS, PROGRAMS OR MACROS;
EXPENSES INCURRED IN CONNECTION WITH THE PURCHASE OR ACQUISITION OF ANY PRODUCT, SAMPLE, DATA OR INFORMATION, OR THE CARRYING OUT OF TRANSACTIONS THROUGH THE SERVICES, OR THROUGH OTHER ALTERNATIVE ACTS;
UNAUTHORISED STORAGE, MODIFICATION AND TRANSMISSION OF DATA;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO ENSURE THE SECURITY AND CONFIDENTIALITY OF YOUR PASSWORD OR ACCOUNT DETAILS;
YOUR USE OR ABUSE OF THE SERVICES, YOUR BREACH OF THESE TERMS, OR YOUR OWN NEGLIGENCE OR MISCONDUCT;
ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIALS OBTAINED THROUGH OR BY USE OF THE SERVICES, OR IN RELIANCE ON THE SERVICES OR THEIR CONTENT;
STATEMENTS OR CONDUCT OF THIRD PARTIES MADE THROUGH THE SERVICES; OR
DAMAGES RESULTING FROM OTHER MATTERS RELATING TO THE SERVICES (INCLUDING NEGLIGENCE),
WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH LOSSES ARE FORESEEABLE OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
YOU FULLY UNDERSTAND AND AGREE THAT THE PLATFORM AND THE SERVICES OPERATE IN AN INTERNET ENVIRONMENT AND THEREFORE THE INFORMATION AND PERSONAL DATA YOU SHARE ON THE SERVICES MAY BE COPIED, REPRODUCED, MODIFIED WITHOUT PERMISSION OR USED FOR ILLEGAL PURPOSES BY OTHERS. YOU ARE FULLY AWARE OF SUCH RISKS AND HEREBY ACKNOWLEDGE THAT YOU BEAR SUCH RISKS AT YOUR OWN RISK FOR WHICH BLOPEE IS NOT RESPONSIBLE.
YOU UNDERSTAND AND AGREE THAT THERE MAY BE RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO SENDING OR RECEIVING ANY UNLAWFUL, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS), ANONYMOUS OR PSEUDONYMOUS MESSAGES TO OR FROM OTHERS, AND THAT YOU WILL BE LIABLE FOR ALL LOSSES SUFFERED IN CONNECTION THEREWITH.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR PERSONAL, NON-COMMERCIAL USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES AND WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES.
THE LIMITATION OF LIABILITY PROVISIONS IN THIS PROVISION AND ELSEWHERE IN THESE TERMS SHALL BE EFFECTIVE TO THE FULLEST EXTENT PERMITTED BY LAW. IF, FOR ANY REASON BLOPEE FAILS TO EXCLUDE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOPEE'S MAXIMUM AGGREGATE LIABILITY IN RESPECT OF YOUR USE OF THE SERVICES AND/OR OTHER MATTERS RELATING TO THESE TERMS AND THE BREACH SHALL NOT EXCEED ONE HUNDRED Hong Kong DOLLARS.
B. CIRCUMSTANCES IN WHICH WE HAVE LIMITED LIABILITY
IF WE PROVIDE DEFECTIVE DIGITAL CONTENT THAT DAMAGES EQUIPMENT OR DIGITAL CONTENT BELONGING TO YOU AND IT IS PROVEN THAT THIS WAS CAUSED BY OUR LACK OF REASONABLE CARE OR SKILL, WE WILL REPAIR THE DAMAGED EQUIPMENT OR DIGITAL CONTENT OR PAY YOU COMPENSATION. HOWEVER, WE ARE NOT RESPONSIBLE FOR DAMAGE CAUSED BY YOUR NON-COMPLIANCE WITH OUR RECOMMENDATIONS FOR FREE UPDATES TO THE APPLICATIONS WE PROVIDE OR BY YOUR FAILURE TO PROPERLY FOLLOW INSTALLATION INSTRUCTIONS OR TO COMPLY WITH MINIMUM SYSTEM REQUIREMENTS FOR USE. THE ABOVE LIMITATIONS ON OUR LIABILITY TO YOU APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGE.
C. CIRCUMSTANCES IN WHICH YOU WILL BE LIABLE
YOU SHALL INDEMNIFY AND HOLD BLOPEE HARMLESS IN FULL AGAINST ALL LOSSES (IN ANY MANNER SUCH LOSSES MAY ARISE, INCLUDING IF SUCH LOSS RELATES TO OUR NEGLIGENCE) THAT BLOPEE MAY SUFFER OR INCUR AS A RESULT OF OR IN DIRECT OR INDIRECT CONNECTION WITH.
YOUR ACCESS TO AND/OR USE OF THE SERVICES AND/OR THE ACCESS TO AND USE OF THE SERVICES BY ANY OTHER PERSON OR ENTITY AND SUCH PERSON OR ENTITY IS ABLE TO ACCESS AND/OR USE THE SERVICES USING YOUR ACCOUNT (AS THE CASE MAY BE); AND/OR
ANY BREACH OR NON-COMPLIANCE BY YOU OR ANY OTHER PERSON OR ENTITY WITH ANY PROVISION OF THESE TERMS (INCLUDING ANY WARRANTIES, REPRESENTATIONS AND OBLIGATIONS THEREIN) AND SUCH PERSON OR ENTITY IS ABLE TO ACCESS AND/OR USE THE SERVICES USING YOUR ACCOUNT.
D. DISPUTES BETWEEN YOU AND THIRD PARTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO ANY CARRIER, ADVERTISER, COPYRIGHT HOLDER OR OTHER USER ARISING OUT OF YOUR USE OF THE SERVICES IS LIMITED TO THAT BETWEEN YOU AND THEM, AND YOU HAVE FULLY AND IRREVOCABLY RELEASED BLOPEE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY AND ALL TYPES AND NATURE, KNOWN AND UNKNOWN, AGAINST US AND OUR AFFILIATES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH SUCH DISPUTE.
9. Termination
You agree that Blopee, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Blopee believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
Blopee may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Blopee may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate Blopee’s rights to your Content. Further, you agree that Blopee will not be liable to you or any third party for any termination of your access to the Services.
10. Other Terms
A. Applicable Law and Jurisdiction
Unless otherwise provided in the supplemental terms applicable to a particular jurisdiction, these Terms, their subject matter and their execution, are governed by the laws of Hong Kong.
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 Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre (“HKIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Hong Kong. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
B. Open Source
The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.
C. Entire Agreement
These Terms (including the supplemental terms and additional terms below) constitute the whole legal agreement between you and Blopee and govern your use of the Services and completely replace any prior agreements between you and Blopee in relation to the Services.
D. Links
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Condition of Use” above. We reserve the right to withdraw linking permission without notice.
E. Age Limit
The Services are only for person(s) aged 18 years old and over. In some circumstances, this age limit may be higher due to local regulatory requirements, for which please refer to the applicable laws and regulations for the jurisdiction where you located. By using the relevant functions of the Platform and the Services, you confirm that you are over the relevant age specified herein or you have got the prior consent of your parent or legal guardian or you have the legally capacity to sign a binding contract with Blopee in accordance the applicable laws and regulations.
If we learn that someone under the relevant age specified above or someone cannot meet the said requirement is using the Services, we will terminate that user’s account.
F. No Waiver
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
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 the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
H. Transfer
You may not assign your rights under these Terms without Blopee's prior written consent. You understand and agree that Blopee may assign all of its rights and obligations under these Terms to any third party in its sole discretion.
These Terms will bind you and Blopee and Blopee's successors and assigns of rights. These Terms will continue to be binding on you regardless of any change in Blopee's name or constitution, or any merger, consolidation or combination of Blopee with any other entity (in which case these Terms will bind you and Blopee's successor entities).
I. Validity of Evidence
You acknowledge and agree that Blopee's records and any records of any communications, transactions, instructions or operations made, conducted, processed or performed by you, any subject purporting to be you or purporting to act on your behalf (whether or not such subject has your consent) through the Services, or any communications, transactions, instructions or operations relating to the operation of the Services, and any records of any communications, transactions, instructions or operations maintained by Blopee or by a relevant subject authorised by Blopee shall be binding on you, regardless of purpose, and shall be conclusive evidence of such communications, transactions, instructions or operations. You further acknowledge and agree that all matters relating to these Terms shall be determined by Blopee in its sole discretion and shall be conclusively binding on you.
J. Notice
Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
11. Changes to the Terms
We may amend these Terms from time to time, for instance when we update the functionality of our Services, or when there are regulatory changes. We will use commercially reasonable efforts to notify all users of any material changes to these Terms, such as through the “Notice” function on our Platform, however, you should look at the Terms regularly to check for such changes.
We will update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
12. Contact
If you have any questions, comments or suggestions regarding these Terms, the Services, and any related matters, you can contact us at: [socreate.app@gmail.com].