Terms of Service

Release Date: 2024/12/16

Effective Date: 2024/12/16

KLING AI

Terms of Service

Thank you for using KLING AI!

1. INTRODUCTION

1.1 These Terms of Service, including our Privacy Policy, which is incorporated herein by reference (together, this “Agreement”), and is an important document that you should read ,is a legally binding contract between you and LOHAS GAMES PTE LTD. and its affiliates (collectively, “KLING AI,” “company”, “us,” “we,” or “our”) regarding your use of the KLING AI and associated software applications and websites (all together, “Services”,” KLING AI”). References to “Customer,” “you”, and “your” refer to the individual accepting this Agreement, placing an Order, creating an Account, or otherwise using the Services.

1.2 The Services provides certain features and functionalities that allow users to create, modify, share, and otherwise use information, content or other renderings generated or created through the use of generative artificial intelligence (AI) technology.

1.3 IF YOU USE KLING AI AND RELATED SERVICES PROVIDED BY US (COLLECTIVELY, THE “SERVICES”), WHETHER IN WHOLE OR IN PART, YOU ARE DEEMED TO (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; AND (B) AGREE TO BE BOUND BY AND ACCEPT, THESE TERMS AND OTHER RELATED DOCUMENTS THAT ARE EXPRESSLY INCORPORATED INTO THESE TERMS BY REFERENCE. If you are using our Services on behalf of a company, association, partnership, organization or other entity, whether in part or in whole, then you agree, represent, warrant and undertake that (a) “ you”,“your” and “Customer” includes you and the company, association, partnership, organization or other entity that you represent; (b) you are duly authorized by, and will remain authorized by, such company, association, partnership, organization or other entity to agree on its behalf and bind such company, association, partnership, organization or other entity to these Terms; and (c) the company, association, partnership, organization or other entity is legally responsible for your use of the Services as well as for the use of your Account by any other individual authorized by such company, association, partnership, organization or other entity, including without limitation any officers, directors, employees, agents and advisors of such company, association, partnership, organization or other entity.

1.4YOU MUST CAREFULLY READ AND FULLY UNDERSTAND THESE TERMS, INCLUDING ANY TERMS THAT MAY EXEMPT OR RESTRICT THE COMPANY’S LIABILITIES AND/OR RESPONSIBILITIES AND ANY TERMS THAT MAY RESTRICT AND/OR WAIVE YOUR RIGHTS , AS THEY APPLY TO YOUR USE OF THE SERVICES . IN PARTICULAR , THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOUR USE OF THE SERVICES IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS, YOU SHALL NOT USE KLING AI OR ANY OF THE OTHER SERVICES.

1.5 Modifications：In order to provide better services or for legal, regulatory or security reasons, we reserve the right to amend, replace and/or otherwise update these Terms from time to time. We will use commercially reasonable endeavors to notify you of any material changes to these Terms. The updated Terms shall become effective and replace the original Terms upon publication on the same day of the updated Terms are published on the Website, unless otherwise indicated in the Terms. You shall review these Terms regularly to check for such changes or agree to our updated Terms via clicking notices on the Website/APP, push messages or emails. If you do not agree with or accept the updated Terms, you should choose not to use KLING AI or any of the related Services. You will be deemed to have read, understood and accepted the updated Terms if you continue to use KLING AI or any of the related Services.

ARBITRATION NOTICE. You agree that disputes arising under this Agreement will be resolved by binding, individual arbitration as specified below , and BY ACCEPTING THESE TERMS, YOU AND KLING AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

2. REGISTRATION AND USE

2.1 Your Eligibility

(a) Anyone under the age of 13 or other minimum age as defined under applicable laws of your jurisdiction (“Minimum Age”) shall not use the Services.

(b) If you have reached the Minimum Age but are under the age of majority as defined under applicable laws of your jurisdiction (“Majority Age”), you may only use and register for a KLING AI account on the Website/APP (“Account”) through the representation of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts these Terms.

(c) Where parental consent or authorization is required under such applicable laws and regulations, you have the obligation to provide to us evidence of such consent or authorization, including as required under applicable laws and regulations, the consent or authorization of the holder of parental responsibility for the minor. We may refuse to process or continue to process the minor’s personal information, or provide or continue to provide the Services to the minor until we receive this evidence of consent or authorization.

(d) If you are a minor in your country or region, your use of the Services may be subject to further age restrictions, whether imposed by us or any third party vendor in connection with the provision of certain Services. You may be unable to use or only have limited access to those Services, such as participating in rewards programs, top-up and tipping, without the assistance of your parent or legal guardian.

(e) If you learn that a child below the Minimum Age has registered for a KLING AI Account or an Account of a child below the Majority Age was not registered under proper representation or guardianship, you may alert us at kling@kuaishou.com . We will promptly verify, take steps to remove such child’s Account information from KLING AI and terminate the child’s Account.

2.2 License

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to use KLING AI only on your personal smartphone, tablet, computer or other mobile or wireless device (which must be designated by us as being compatible for use with KLING AI). Company reserves all rights not expressly granted to you herein. You acknowledge and agree that we may terminate this license at any time, for any reason, with or without cause.

2.3 Access to KLING AI

The Services are offered and provided to you on an "as is" and "as available" basis at your sole risk. Our goal is to minimize disruption caused by technical errors; however, we cannot guarantee the continuous, uninterrupted or error-free operability of KLING AI at all times. There may be times when certain functionality or features of KLING AI or content made available through KLING AI, or the entire KLING AI, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of KLING AI, or any feature, part or content of KLING AI. We are not responsible if you cannot access the Services properly or at all because of any event out of our control, for example (without limitation) the performance of any software or operating system running on your device or any connected software, hardware, network or service.

2.4 Account Registration

(a) In order to access KLING AI, you are required to sign up for an Account and become a user of the Services (“User”). You can log into KLING AI using the user name and the password you create.

The first time you log in KLING AI using E-mail verification, a Account of our platform will be provided for you. You can access the services of our platform by logging in with your Account.

(b) You shall provide us with the information and complete all the registration procedures according to the instructions on the registration page. By creating an Account:

(i) you undertake to and shall provide true, accurate, up to date, and complete information as we may from time to time request, and shall not provide us with any false or misleading information;

(ii) you authorize us to assume that any person using KLING AI with your user name and password is either you or a person authorized to act for you;

(iii) you must not impersonate or attempt to impersonate another person; and

(iv) you must safeguard the user name and password of your Account and keep them secret and confidential.

2.5 Account Safety and Management

(a) You undertake to, and shall, comply with all applicable laws and regulations when you use KLING AI and any of the related Services.

(b) If you authorize any person to act for you in relation to the use of KLING AI, you will ensure that they comply with these Terms at all times. You are responsible for ensuring that your Account is secure. You are advised to take care of your Account and ensure to log out appropriately. You must secure the user name and password associated with your Account and regularly change it.

(c) Your Account can only be used by yourself and you may not lend, give away or rent the Account or transfer, sell or share the Account in breach of these Terms.

3. INSTRUCTIONS OF CONDUCT

3.1 Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

(a) access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;

(b) make unauthorised copies, modify, adapt, translate, delete, alter,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;

(d) market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation without our written consent ;

(e) use the Services, without our written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(f) interfere with or attempt to interfere with the proper working of the Services, disrupt the Website/APP or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

(g) incorporate the Services or any portion thereof into any other program or product;

(h) use automated scripts to collect information from or otherwise interact with the Services;

(i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

(j) intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(k) use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the Services;

(l) use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;

(m) use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

(n) any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;

(o) solicit, or attempt to solicit any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g.,national identification numbers, passport numbers) or credit card numbers;

(p) any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;

(q) any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;

(r) any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;

(s) any material that 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;

(t) any material that contains a threat of any kind, including threats of physical violence;

(u)any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

(v) material that, in our sole judgment of us, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose KLING AI, the Services or any of our other users to any harm or liability of any type.

(k) use the Services or any content, data, information, or other materials made available through the Services (including Output) for purposes of, directly or indirectly, creating, testing, improving, training, or otherwise developing your or any third party’s artificial intelligence or machine learning models, systems, architecture, weights or related technology.

We reserve the right, at our sole discretion, to terminate all rights granted to you, refuse the Service or terminate your Account under these Terms in the event that you are found to be in breach of any of the above provisions.

3.2 Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When you use our Services you understand and agree that:

(i)Output may not always be accurate. You should not rely on Output generated generated from the use of our Services as a sole source of truth or factual information, or as a substitute for professional advice.

(ii)You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output generated from the use of our Services.

(iii)You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

(iv)Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views. If the Output references any third party products or services, it does not mean the third party endorses or is affiliated with us.

3.3 We cannot and do not guarantee that any Content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of KLING AI and the Content made available through them.

3.4 If your use of KLING AI results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

3.5 You are responsible for the Content uploaded or published by you for compliance with applicable laws and regulations, requirements of competent governmental authorities and our internal policies. In addition to complying with the content removal orders from any relevant judicial or administrative authorities or requests of the Users or any third parties, in response to complaints from other Users or any third parties, or if we, in our sole discretion, believe that any Content does not comply with these Terms, we may take any measures, including without limitation removing or refusing to display such Content.

3.6 You acknowledge and agree that the User Content will be considered non-proprietary and non-confidential. You must not upload or transit any content that you consider to be proprietary or confidential. You may decide and control the extent of the availability of your content (i.e. whether to all other Users, Users you selected or only to yourself) by way of KLING AI’s settings, subject to features and functions available in KLING AI.

4.INTELLECTUAL PROPERTY RIGHTS AND CONTENT

4.1 We respect intellectual property rights and encourage you to upload or transit original content, and we will take measures to protect your intellectual property rights in accordance with applicable laws and regulations.

4.2 You may upload, post, or transmit content, data, or information on KLING AI through the Services, including but not limited to text, words, graphics, software, photos, and other images, trademarks, logos, videos, audio, musical or non-musical works, live performances, etc. ( collectively, "Input"), receive content generated in response to your Input ( "Output"). Input and Output are collectively referred to as “Content.” You are responsible for the Content, including ensuring that it does not violate any applicable law or these Terms.

4.3 You warrant and undertake that you hold the intellectual property rights to the Input or that you have obtained legal authorization from the relevant owner to the use of the Input and that your use of the Input shall not violate any applicable laws and regulations or infringe upon the legitimate rights and interests of any third parties (including, without limitation, copyright, patent, trademark and other intellectual property rights and personality rights, personal data rights and other rights and interests).We reserve the right to moderate, block, or delete the Input (or part thereof) upon notification from an intellectual property rights owner or any other persons of any suspected or actual intellectual property rights infringement, and you shall be liable for any and all loss, damages or other consequences incurred by us or our affiliates arising out of, in connection with and/or relating to such suspected or actual infringement.

4.4 To the extent permitted by the applicable laws, the intellectual property and other property interests (if any) of the Output generated in the process of the Service shall be vested in the owner thereof as provided for in the applicable laws.

4.5 You acknowledge that, without our written permission, when you use, distribute or disseminate the AI function to generate Content, you shall label the Content interface with the brand and logo involved (including but not limited to "KLING AI", KLING AI 1.0/1.5","KLING", "KELING"/"keling" ,"KLING"/"kling", "KLINGAI"/"klingai", "KLING AI+", other brands or logos centered on or derived from the aforementioned brands or logos, and combination of the aforementioned brands or logos with others ) . In cases that the Content generated by KLING are not labelled with any brand mark in the process of use due to objective reasons, you shall prominently indicate that the outcome is generated by "KLING AI" in the use scenarios of the generated content (including but not limited to adding the aforesaid brand logo with "KLING" or other relevant brand or logo in the interface of the generated content or marking in the title or other prominent positions).

4.6 You acknowledge and agree that if you have intellectual property rights, portrait rights or other legitimate rights or interests on the Input and/or Output in accordance with applicable law, your use of the Services will not constitute a transfer of such legitimate rights or interests, unless agreed otherwise by you and us.Specifically, without our written permission, you may not use, reproduce, distribute, and create derivative works of, and make modifications to, the Output for any commercial purposes.

4.7 License

4.7.1 Subject to legitimate commercial purposes in accordance with the applicable law, KLING AI has an non-exclusive, royalty-free right and license during the operational period of its business and within the territories in which KLING AI conducts business to use the Content of which that you own the right to use in accordance with the applicable laws ,which shall comprise the Input you provide or upload to the Service and Output generated during the use of our Service, including such right to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works from , and to distribute Input and Output, in whole or in part, in any media formats and through any media channels.

4.7.2We may, at our discretion or by licensing to third parties, use or develop the aforementioned Content (in whole or in part) for the purposes of promotion, product/function upgrades, and to research on new products/functions. You undertake not to claim personal rights or property rights in connection with our use or development of the Content.

4.7.3 Without limiting the generality of the foregoing license, KLING AI may process usage data, aggregated data, or Input for its lawful business purposes, in accordance with applicable laws including but not limited to the following :

(a) track use of the Services for billing purposes;

(b) provide support for the Services;

(d) prevent or address technical issues with the Services;

(e) improve the Services, its other products and services, and to develop new products and services;

(f) create, test, improve, train, or otherwise develop the artificial intelligence or machine learning models, systems, architecture, weights or related technology used by KLING AI in connection with the Services; and

(g) for all other lawful business practices, such as analytics, benchmarking, and reports.

4.7.4 If you do not wish us to continue using all or part of the licensed content, you may notify us to revoke the authorization by sending an email to kling@kuaishou.com.

4.8Notwithstanding the foregoing, the whole or part of User Content provided by one User may be extracted by another User to produce additional User Content, subject to prior approval from the User, where applicable. When you choose to transfer or upload User Content, which may include content generated by other Users and/or us, to other platforms or websites operated by a third party, you shall do so in compliance with these Terms and any terms and conditions of use of such other platform or website.

4.9 You acknowledge that KLING AI and the content provided through KLING AI are subject to protection by trademark, copyright and other intellectual property rights. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by applicable laws. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Further, you shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content owned by us in any way for any public or commercial purpose without our prior written consent. Without prejudice to other remedies that we are entitled to, we reserve the right, with or without notice, at any time and in our sole discretion to suspend and/or terminate the Accounts of any User who infringes or is alleged to infringe any trademarks, copyrights or other intellectual property rights.

Copyright Complaints

5.1 If you believe that your intellectual property rights have been infringed, please send notice in accordance with the Digital Millennium Copyright Act ("DMCA") or ther applicable law, to the address below.

kling@kuaishou.com

We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim has been infringed upon

A description of where the allegedly infringing material is located on our Website/APP so we can find it

Your address, telephone number, and e-mail address

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

5.2 If you receive a notification from us stating that the material you have provided on or through the Service has become the subject of an infringement claim notice, you have the right to submit a written counter-notice to us in accordance with the form required by the DMCA or other applicable law, to the designated email address: kling@kuaishou.com

6. Commercial Terms.

6.1 The Services we provide to you could be free or paid services. Specific details shall be subject to the information displayed on KLING AI.

6.2 You understand and agree that we may adjust the standards and methods by which we charge fees for the Services based on the needs of business development, and may also start charging for some previously free services. We will notify or announce such changes through KLING AI. For clarity, the provision of free services through KLING AI shall not be construed as a waiver of our right to charge fees in the future.

6.3 You understand and agree that KLING AI may contain other service content provided by our affiliated companies or third parties. We merely provide subscription and/or access points for these services on the KLING AI for your convenience. If you wish to use such services, you should separately enter into an agreement with the corresponding service provider, pay the corresponding fees (if any), and bears all potential risks. We do not provide any form of guarantee or warranty for the services provided by our affiliated companies or other third parties.

7. EXCLUSION OF WARRANTIES; INDEMNIFICATION; AND LIABILITIES

7.1 EXCLUSION OF WARRANTIES

(a) Your use of the Services is entirely at your own risk.By using the Services, you confirm that you have carefully considered these Terms and fully understand its implications on your legal rights.

(b) THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THE SERVICES . IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT：

(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR

(iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7.2 INDEMNIFICATION; LIMITATIONS ON LIABILITY

(a) NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

(b) You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses on an indemnity basis , arising out of a breach by you, your content or any user of your Account of applicable laws and regulations or these Terms, including your obligations, representation and warranties herein.

(c) To the extent that such liabilities may be unlimited or excluded under applicable laws and regulations, we are not liable to you for and you agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses on an indemnity basis, in respect of your use of the Services and/or KLING AI, or access to any information as a result of such use by you or any other person, whether or not authorized.

(d) YOU AGREE THAT KLING AI HAS NO LIABILITY FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT) SUFFERED BY YOU DUE TO:

(i) ANY INTERRUPTION, INTERCEPTION, SUSPENSION, DELAY, LOSS, UNAVAILABILITY, OR OTHER FAILURE IN PROVIDING THE SERVICES OR YOUR USE OF KLING AI, IN TRANSMITTING INSTRUCTIONS OR INFORMATION RELATING TO THE SERVICES OR YOUR USE OF KLING AI, OR IN CONNECTING WITH THE SERVICES OR YOUR USE OF KLING AI CAUSED BY ANY ACTS, OMISSIONS OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION MAINTENANCE OR CONNECTION FAILURE OF THE INFORMATION NETWORK EQUIPMENT, FAILURE OF COMPUTER, COMMUNICATION OR OTHER SYSTEMS, HACKER ACTIVITIES, COMPUTER VIRUSES, POWER FAILURE, STRIKE, REVOLT, FIRE, FLOOD, STORM, EXPLOSION, WAR, PANDEMIC, ACT OF GOVERNMENT, ORDER OF JUDICIAL AND ADMINISTRATIVE AUTHORITIES OR ANY OTHER THIRD-PARTY REASONS; OR

(ii) TRANSMISSION AND/OR STORAGE OF INFORMATION AND/OR DATA RELATING TO YOU, THE SERVICES, KLING AI AND/OR TRANSACTIONS OR DEALINGS CONDUCTED BY YOU PURSUANT TO THE SERVICES THROUGH OR IN ANY SYSTEM, EQUIPMENT OR INSTRUMENT OF COMMUNICATION NETWORK PROVIDER.

(e) If you violate or are suspected of violating applicable laws and regulations or these Terms, we reserve the right to take all necessary actions (including but not limited to suspending or terminating your Account or your use of the Services, or reporting to the relevant authorities) immediately without notice to you at our sole discretion.

(f) SUBJECT TO APPLICABLE LAWS AND REGULATIONS, WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, GOODWILL, OPPORTUNITY OR LOSS OF ANTICIPATED SAVINGS OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO, RELIANCE ON, OR USE OF, OR INABILITY TO USE THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

(g) To the fullest extent permitted by applicable laws and regulations, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Services ,including, by way of example and not limitation, any carrier, copyright owner or other User,is between you and such third party and you irrevocably agree to release, indemnify and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such such claim or dispute.

(h) OUR TOTAL LIABILITY TO YOU, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, IF ANY, SHALL BE LIMITED TO THE TOTAL AMOUNT OF PAYMENTS MADE BY YOU TO US IN THE PAST 6 MONTHS.

8. YOUR PERSONAL INFORMATION

We collect and process personal data of users of KLING AI. All personal data is handled in accordance with our Privacy Policy , which is expressly incorporated into these Terms by reference.

Specifically, you acknowledge and agree that we are not responsible for the Touch ID, fingerprint authentication or similar sensor or biometric technology (where available) on the device you access and/or use KLING AI with and we expressly exclude any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of such Touch ID, fingerprint authentication or similar sensor or biometric technology as a means for securing access to and using KLING AI and/or the Services.

9. THIRD PARTY PROVIDERS

9.1 You acknowledge that certain parts of KLING AI and certain content and services made available through KLING AI (other than the User Content) are provided or maintained by third parties and not by us. By using the Service, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any such third party content or services.

9.2 We do not guarantee the quality, reliability or suitability of the content or services provided by any third parties, made available, advertised or linked through KLING AI, and we will bear no responsibility for your access to, use of, interaction or relationship with the content or services provided by any third parties. You agree that you access, view and interact with all such services and content at your own risk. If you access third party services through KLING AI, you must comply with any terms and conditions applicable to those services.

9.3 You agree that, we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you any third party.

9.4 Subject to our Privacy Policy, we may explore and integrate developer tools provided by third parties from time to time to enable or facilitate features, functions or business for KLING AI platform in accordance with these Terms.

10. EXTERNAL LINKS

To the extent where KLING AI contains any link to other websites or resources, the following provisions apply:

(a) Although these websites or resources are selected with care, we are not responsible for the content or accuracy of any off-site pages or any other sites or resources linked to KLING AI (including those sites or resources linked through advertisements or through any search engines).

(b) We are also not responsible for the processing of your personal data by these websites or resources. You may need to refer to their privacy policies with regard to such processing.

(c) The fact that we include links to such external websites and resources does not imply any endorsement of, or association with such operators, content or opinions. Your use of websites or resources linked from KLING AI is subject to any terms and conditions applicable to those websites or resources.

11. GOVERNING LAWS

To the fullest extent permitted by applicable laws and regulations, the validity, interpretation, modification, supplement, termination, execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of Singapore, provided that nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.

12. DISPUTE RESOLUTION

12.1 Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination shall be firstly settled through friendly and amicable negotiation between you and us. If the negotiation fails, it will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the arbitration rules of the SIAC then in force when the Notice of Arbitration is submitted by a party . The seat of the arbitration will be Singapore.The arbitration proceedings will be conducted in English.

12.2 The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the venue of the hearing will be mutually agreed upon, failing which the venue of the hearing shall be determined by the sole arbitrator. You and the Company agree that any settlement amount offered by any party will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

12.3 You and the Company agree that disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. The foregoing does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

12.4 If any part of terms of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

13. Term and Termination.

13.1. Term. This Agreement starts on the Effective Date and continues until the earlier of (a) expiration or termination of all Terms, or (b) termination of this Agreement pursuant to Section 13.2.

13.2. Termination.

(a) You are free to stop using our Services at any time.You may terminate your Account and this Agreement at any time through your account settings or by contacting KLING AI at kling@kuaishou.com.

(b)If You violate any provision of this Agreement, then your authorization to access the Services and this Agreement shall automatically terminate with immediate effect . In addition, KLING AI may, in its sole discretion, terminate this Agreement or your Account, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.

(c) We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

13.3 If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our support team at kling@kuaishou.com.

14. MISCELLANEOUS

14.1 These Terms are the entire agreement between you and us in relation to your use of the Services and supersede all prior agreements between us in relation to your use of the Services.

14.2 The failure by either party to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.

14.3 Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will survive such termination or expiration.

14.4 If any provision of these Terms is held by a court or tribunal to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, it shall be deemed deleted without affecting the validity and enforceability of the remaining provisions of these Terms. If the invalid, illegal or unenforceable provision cannot be deleted without altering the essence of these Terms, we may amend these Terms to remedy such invalidity, illegality or unenforceability to the extent needed to achieve the intent of the original provision.

14.5 We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

14.6 Each party shall pay its own costs incurred in connection with the performance of any of its obligations under these Terms, save to the extent that is expressly provided otherwise in these Terms.

14.7 No provision in these Terms is intended to create or shall create a partnership between the parties or establishes a party as the agent of another party for any purpose. A party has no authority to act for, bind, contract in the name of, or create a liability for the other party by any means or for any purpose.

14.8 Each party shall, and shall use all reasonable endeavors to procure that any necessary third party shall, execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms.

14.9 Notwithstanding any other provision in these Terms:

(a) you shall not without our prior written consent, assign, transfer, novate, part with, outsource, subcontract or delegate any of your rights, responsibilities and/or obligations under these Terms (in whole or in part); and

(b) we may assign, transfer, novate, part with or subcontract any of our rights, responsibilities and/or obligations under these Terms (in whole or in part) to any other member of the our group without your prior consent.

14.10 A person who is not a party to these Terms has no right to enforce any terms of these Terms.

14.11These Terms are drafted in the English language. If these Terms are translated into any language other than English, the English version shall prevail to the extent of any inconsistency, unless otherwise required under applicable laws and regulations.

15. CONTACT INFORMATION

If you have any complaints, suggestions or other questions on these Terms, please contact us through email at kling@kuaishou.com or by accessing [Community] in the top navigation bar of the Website.

We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.

16. Supplemental Terms – Jurisdiction-Specific

Brazil. If you are using our Services in Brazil, 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.

Representation/assistance of parents and guardians. (i) if you are over 16 but under 18, you can only use and register an account upon the assistance of your parent or legal guardian and represents and warrants that you have obtained assistance in using the Services and agreeing to these Terms; (ii) if you are more than 13 years but less than 16 years of age , you can only use and register an account with the representation of your parents or legal guardians and must obtain agreement from your parents or legal guardians for your use of the Services and acceptance of these Terms.

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.

India. If you are using our Services in India, 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 the Terms. By agreeing to these Terms and by accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms and our Privacy Policy.

Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that:

(i)is obscene, pornographic, paedophilic;

(ii)is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;

(iii)harms minors in any way;

(iv)deceives or misleads the addressee (of the User Content) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

(v)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insults any other nation.

User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of KLING AI and all of its group companies, affiliates and successors in title and interest, whether existing or in future.

Indemnity. In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.

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 the Terms. By participating in the Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, 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, 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. No limitation of liabilities set out in Section 7 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 14 years old and over in Indonesia.

Language. These Terms has 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. Each party acknowledges that it has read these Terms and understands its 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, and you agree that 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.

United Arab Emirates. If you are using our Services in the United Arab Emirates (“UAE”), 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.

Accepting the Terms: By agreeing to these Terms and accessing or using our Services, you acknowledge that you have read and understood these Terms, the additional terms herein and provide your consent to be bound by these Terms, the Privacy Policy, the Community Guidelines and all other policies or agreements referred to herein.

Mexico. If you are using our Services in Mexico, 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.

If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.