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User Registration and Use of XNote AI Privacy Agreement

Before registering as a user, please read this User Registration and Use of XNote AI Privacy Agreement (hereinafter referred to as "Agreement") carefully to ensure that you fully understand the various terms of this Agreement. Your registration, login, use, and other behaviors will be regarded as acceptance of this Agreement and an agreement to be bound by its terms. Please read and choose to accept or not accept this Agreement carefully. Unless you accept all the terms of this Agreement, you have no right to register, log in, or use the services involved in this Agreement.

Scope

This Agreement outlines the rights and obligations between CLK Trade Inc (hereinafter referred to as "Company" or "XNote" or "XNote AI") and users regarding the XNote AI (hereinafter referred to as "APP") software service (hereinafter referred to as "Service"). "User" refers to individuals or related users who register, log in, and use the APP service. This Agreement may be updated by the APP software system background and the Company at any time. Once the updated terms are announced, they will replace the original Agreement terms without further notice. Users can check the latest version of the Agreement terms in the APP and are advised to pay attention to the update of the APP user agreement at any time to avoid unnecessary misunderstandings and disputes. If the user does not accept the modified terms after modifying the Agreement terms, please immediately stop using the services provided by the APP. Continuing to use the services provided by the APP will be regarded as acceptance of the modified Agreement.

Ownership; Proprietary Rights

The ownership and operation of the Service are under XNote AI. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other components of the Service (“Materials”) provided by xnote.ai are safeguarded by intellectual property and other laws. All Materials integrated into the Service are the property of xnote.ai or its third-party licensors. Without explicit authorization from XNote AI, you are not permitted to utilize the Materials. XNote AI reserves all rights to the Materials not explicitly granted in these Terms.

I. Basic Requirements for User Account Registration

1. Account Registration

- Users must register for a personal account using a valid email address that has not been associated with an existing account or banned by the Company according to this Agreement.
- Users must agree to authorize the public use of their personal information during the registration process.
- Users must allow their mobile device identification code and other information to be used for registration.

2.Information Collection

- When registering and using the APP Service, the Company may collect personal information to contact users when necessary or provide a better user experience. The collected information includes but is not limited to users' basic information such as name, address, mobile phone number, and email address, and will be subject to the constraints of the second article of user personal privacy information protection.

II. Protection of Users' Personal Privacy Information

- In the event of a violation of this Agreement, the Company has the right to review and delete relevant content, including user information, upload, and posting records, without notice within 24 hours of receiving a report. Depending on the severity of the situation, the Company may impose penalties on the violator's account, such as warnings, account bans, device bans, and feature bans, without notifying the user of the handling results.
- Banned users may contact the APP's backend or the Company publicly, and banned functions will be automatically restored after the ban period expires. Users may also submit an appeal, and the APP's backend or the Company will review the appeal and make a reasonable judgment to decide whether to change the punishment measures.
- Users who violate relevant laws, regulations, or provisions of this Agreement may be subject to penalties and legal action by the Company. The Company may also report relevant information to relevant departments in accordance with laws and regulations, and users shall bear all legal responsibilities arising from such actions.
- Users who violate the provisions of this Agreement and cause third-party claims, demands, or losses shall compensate the Company, cooperative companies, affiliated companies, and other relevant parties and indemnify them against any harm, including reasonable attorney fees.

III. User Content Standard

1. User Content

- User Content includes any content created, uploaded, copied, published, or disseminated by users during their use of the APP service, including but not limited to registration information and certification materials such as account avatars, names, and user descriptions, or text (including artistic fonts), symbols, logos, voice, pictures (custom photos), videos (including short videos made or uploaded by users), graphic and text combinations, and other content such as uploaded, sent, replied, or automatically replied messages and related link pages generated by using this account or the APP service.

2. Prohibited Content

- Users may not create, upload, copy, publish, or disseminate content that violates laws, regulations, and policies, including but not limited to:
- Violating the basic principles established by the Constitution;
- Endangering national security, disclosing state secrets, subverting state power, and undermining national unity;
- Harming national honor and interests;
- Inciting racial hatred and discrimination, and undermining national unity;
- Undermining the state's religious policies, promoting cults and feudal superstitions;
- Spreading rumors, disturbing social order, and undermining social stability;
- Inducing minors to commit crimes and disseminating obscene, pornographic, gambling, violent, murderous, terrorist, or instigating criminal behavior;
- Insulting or defaming others and infringing on their legitimate rights and interests;
- Harming social ethics and damaging cultural traditions;
- Providing illegal video content from illegal broadcasting and television channels or audio-visual program websites;
- Other content prohibited by relevant laws, administrative regulations, and national regulations.

3. Other Prohibited Activities

- Users may not create, upload, copy, publish, or disseminate content that interferes with the normal operation of the APP or infringes on the legitimate rights and interests of other users or third parties, including but not limited to:
- Containing any sexual or suggestive content;
- Containing abusive, threatening, or intimidating content;
- Containing harassing, spamming, malicious, or deceptive information;
- Involving other people's privacy, personal information, or data;
- Infringing on the legitimate rights and interests of others, such as the right to reputation, image, intellectual property, and trade secrets;
- Containing other information that interferes with the normal operation of the APP service and infringes on the legitimate rights and interests of other users or third parties.

4. Commercial Use

- Users may not copy, reproduce, sell, resell, or use any part of this service or the use or acquisition of this service for any other commercial purposes.
- Users are responsible for their behavior during their use of the APP service and shall bear legal liability for any violations. The forms of legal liability that users may face include but are not limited to compensation for the injured party, and after the Company first assumes the legal liability for administrative penalties or infringement damages caused by its user behavior, users shall provide the Company with equal compensation, as well as any other losses suffered by the Company due to the user's behavior.

IV. Rules for Users Using the APP

1. Content Responsibility

- Any content transmitted or published by the user in or through the APP service does not reflect or represent, and shall not be deemed to reflect or represent, the views, positions, or policies of the Company, and the Company shall not be responsible for any of them.

2. Prohibited Actions

- Users shall not use this account or the APP service for the following acts:
- Submitting or publishing false information, or stealing other people's avatars or information, impersonating or using other people's names;
- Forcing or inducing other users to follow or click on linked pages or share information;
- Falsifying facts or concealing the truth in order to mislead or deceive others;
- Using technical means to create false accounts in bulk;
- Using this account or the APP service to engage in any illegal or criminal activities;
- Making or publishing methods or tools related to the above acts, or operating or disseminating such methods or tools, whether or not these acts are for commercial purposes;
- Other acts that violate the provisions of laws and regulations, infringe upon the legitimate rights and interests of other users, interfere with the normal operation of the APP and its affiliated companies, or are not expressly authorized by the APP.

3. Legal Responsibility

- Users are solely responsible for the authenticity, legality, harmlessness, accuracy, and validity of the information transmitted using this account or the services of this APP, and any legal responsibility related to the information disseminated by the users shall be borne by the users themselves and has nothing to do with this APP and the Company. If any damage is caused to the APP and the Company or any third party, the user shall be compensated according to the law, and the Company shall reserve the right to pursue all legal and economic responsibilities of the relevant users and users.

4. Advertisements

- The services provided by the Company in the APP may include advertisements, and the user agrees to display the advertisements provided by the Company and third-party suppliers and partners in the process of use. Except as expressly provided by laws and regulations, the user shall be responsible for the transactions conducted in accordance with such advertising information, and the Company shall not be liable for any loss or damage suffered by the user as a result of the transactions conducted in accordance with such advertising information or the content provided by the aforementioned advertisers.

 V. Declaration of Intellectual Property Rights and Other Legal Rights Protection

1. User Content

- This APP's upload and usage features are designed specifically for users to share their own creations or works from legitimate sources. This APP and our company respect the intellectual property and legal rights of others. Users should ensure they possess the copyright and information network transmission rights for the content they upload, or have obtained permission from all relevant rights holders.

2. Content Ownership

- You may provide input to AI services ("Input"), and receive output generated and returned by the services based on the Input ("Output"). Input and Output collectively constitute "Content". Between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, XNote AI hereby assigns to you all its rights, title, and interest in and to Output. This means that if you comply with these Terms, you can use Content for any purpose, including commercial purposes such as sale or publication. XNote AI may use Content to provide and maintain the services, comply with applicable law, and enforce our policies. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms.

3.Accuracy Disclaimer

- Users acknowledge that the accuracy of Automated Transcription depends on many factors, such as audio volume, microphone type, background noise, pronunciation, speech patterns, accents, technical terminology, and other factors. Users are solely responsible for the authenticity, equality, harmlessness, accuracy and validity of the information transmitted using this account or the services of this APP and any legal responsibility related to the information disseminated by the users shall be borne by the users themselves and has nothing to do with this APP and the Company. If the user causes any damage to the APP, the Company, or any third party, the user shall compensate for the damages in accordance with the law, and the Company reserves the right to pursue all legal liabilities of the relevant user.

4. Permission for Uploaded Content

- Users should ensure that they have obtained permission from the person(s) depicted in any uploaded content (if applicable), and that the content does not infringe upon the personal rights of others, including but not limited to the rights of reputation, portrait, privacy, and name. Furthermore, there should be no copyright disputes related to the uploaded content.

VI. Service Risk Statement

1. Risk Acknowledgment

- The user fully understands and agrees that the APP service involves services such as the Internet and mobile communication, which may be affected by unstable factors in various aspects. Therefore, the service has the risk of service interruption or failure to meet the user's requirements due to force majeure or other above-mentioned factors, computer virus or hacker attack, system instability, user location, user shutdown, GSM network, interconnection network, communication line reasons, etc. Users who use the service shall bear the above risks, and the Company does not guarantee the timeliness, safety, or accuracy of the service, and shall not be responsible for any failure to send and receive messages, or delivery errors, personal settings timeliness, failure to store, or other problems caused by such failure. The APP and the Company shall not be responsible for any loss of user data, loss, or service stoppage caused by force majeure or non-fault of the APP and the Company.

2. System Failure

- For the system failure that affects the normal operation of the APP service, our company promises to deal with it in time and repair it as far as possible. However, the Company shall not be responsible for any economic and mental losses incurred by users as a result. In addition, the APP reserves the right to suspend any part or all of the APP service without prior notice for optimization, upgrade, or other purposes.

3. Content Responsibility

- The APP and the Company solemnly draw your attention to the fact that any content uploaded via the APP service is the responsibility of the account owner. We have no control over the content uploaded through the APP Service, nor do we have full control over the user's use, and therefore do not guarantee the legality, correctness, integrity, authenticity, or quality of the content. Users may be exposed to unpleasant, inappropriate, or objectionable content when using the APP Service, and agree to make their own judgment and bear all risks, without relying on the APP and the Company. However, in any case, the APP and the Company shall have the right to stop the transmission of any of the foregoing contents and take appropriate actions in accordance with the law, including but not limited to suspending the user's use of all or part of the APP Services, keeping relevant records, and reporting to the relevant authorities. The APP backend and the Company shall have the right (but not the obligation) to refuse and delete any content that may be provided through the APP Service in violation of the Terms and Conditions or otherwise objectionable to the APP or other users in its sole discretion.

4. Third-Party Access

-The User fully understands and agrees that neither the APP nor the Company shall be liable to any person for any third party uploading your work on the APP without your knowledge or consent and any resulting actions that may infringe your rights and interests.
- The user fully understands and agrees that third parties can access the relevant information on the APP and can perform acts of use of the information. Neither the APP nor the Company shall be liable to any person for any use by the user or third party in any way that may infringe your rights and interests.
- The user fully understands and agrees that if any controversial content or the user itself is found to be controversial in the course of using the APP, the Company and the APP will resolutely have zero tolerance and promise to deal with it seriously once found, including but not limited to deleting the content posted by the user, banning or canceling the user's personal account, and providing his or her account and personal information to relevant departments. In this regard, the Company and the APP have the right to independently identify the relevant controversial content and controversial users, and once users use the APP, they are deemed to accept the constraints and provisions of these terms and conditions unconditionally.

VII. Additional Information

1. User Responsibility

- The Company strongly advises users to carefully read and consider the terms and conditions in this Agreement that exclude the responsibility of the APP and the Company and limit the rights of users. Minors should be accompanied by legal guardians to read this agreement and use the APP service.

2. Governing Law

- This Agreement shall be governed by the laws of the United States for validity, interpretation, and dispute resolution. In the event of any dispute or controversy between the User and the APP and the Company, the parties shall first attempt to resolve the dispute through friendly negotiation. If negotiation fails, the User agrees to submit the dispute or controversy to the courts of the state where the Company is located. The Company reserves the right to initiate necessary criminal and civil legal procedures to protect its legitimate rights and interests and to pursue the legal responsibility of the offending user.

3. Validity of Provisions

- If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.

4. Rights and Provisions

- The failure of the APP software and the Company to exercise or enforce any rights or provisions of this Service Agreement shall not constitute a waiver of the foregoing rights or other rights.
- This agreement is not exhaustive, and the APP running background and the Company may update or supplement the relevant content of this agreement from time to time. The updated and supplemented terms and conditions shall prevail, and they are inseparable from this agreement.
- The Company reserves the right to interpret the relevant provisions of this Agreement

Service Fees

1. Fee-based Services

- Some services of this product are provided for a fee due to the virtual nature and characteristics of transcription services. The virtual products you consumed cannot be returned or exchanged. Once you order and pay for fee-based services with your personal account and password, you will be deemed to have ordered said services personally and have the obligation to pay the corresponding service fees on time according to the relevant fee standards and payment methods. Our company will also charge fees according to the fee standards and payment methods of the relevant services. Details on specific service fees will be explained clearly on the corresponding service pages of our app or official website. If you fail to pay the corresponding service fees on time, our company shall have the right to automatically cancel the fee-based services you ordered without additional notice

2. Confirmation of Fees

- XNote AI will confirm the fees for your request to use our services before payment on the relevant order pages. XNote AI has the right to adjust service fees based on factors like speech (duration, quality, content), translation (word count, translation level, requirements, content), etc. while providing pricing explanations, to be confirmed and paid by you on relevant XNote AI pages. Once an order enters “Processing” status, no cancellation or refund will be accepted. XNote AI does not accept any form of price bargaining. If you have questions on service fees, you may contact customer support on relevant XNote AI pages. Please refer to the price explanations in our app for specific pricing information.

Conclusion

By registering, logging in, and using the APP, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms, you should not use the APP or its services.