BinkBink User Agreement

Special Notice: Before using our services, please ensure that you have fully understood and accepted all terms of the “BinkBink User Agreement” (hereinafter referred to as the “Agreement”), especially the disclaimer and limitation of liability clauses. Once you register, log in, or use the Service, you shall be deemed to have fully understood and accepted all terms of this Agreement. Clauses that exempt or limit liability and other important contents will be highlighted in bold to draw your attention, and you should read them carefully.

If you are a minor under the age of 18, you may use the Service only after reading and agreeing to this Agreement under the supervision and guidance of your guardian and with your guardian’s consent. If you do not agree with this Agreement and/or any modifications thereto, you may voluntarily stop using our services; once you use the services we provide, you shall be deemed to have understood and fully agreed to all contents of this Agreement, including any modifications we may make to this Agreement at any time.

Article 1 Definitions and Scope

1.1 Scope of Application

This Agreement applies to the services provided by us (collectively, “we” or “us”) to you in connection with “BinkBink,” and sets forth the terms and conditions governing your access to, registration for, login to, and use of the websites, applications, products, models, services, software, tools, setup technologies, content, and documentation associated with our platform services (collectively, the “Service”). Once you register as a user of our platform or use the services of our platform, you shall be deemed to have understood and agreed to accept this Agreement. At the same time, you also understand and agree to comply with the provisions of other agreements applicable to our platform. You may independently choose to agree to this Agreement, or you may accept this Agreement by using the Service. You understand and agree that from the time you use the Service, we will treat your access to or use of the Service as acceptance of this Agreement.

You understand and agree that you are responsible for preparing the necessary terminal devices (such as computers, mobile phones, etc.) to use the Service. Once you access the Service on a terminal device, you shall be deemed to be using the Service.

1.2 Definition of the Service

For the purposes of this Agreement, “BinkBink” refers to the generative application development scenarios and services, as well as the related technical and network support services, provided by us to you. The specific service content shall be subject to what you actually use.

1.3 Modifications to the Agreement

You agree: we have the right to unilaterally modify this Agreement and the corresponding rules at any time, and to publish such modifications by means of push notifications, website announcements, or other methods, without separate notice to you. After the modified Agreement is published, if you do not agree with the modified Agreement, you have the right to immediately stop using the Service; if you continue to use the Service, it shall be deemed that you have fully read, understood, and accepted the modified Agreement, and you will follow the modified Agreement in using the Service.

Article 2 User Content

2.1 Definition and Ownership of User Content

Any content that you input, upload, import, submit, publish, display, create, or otherwise provide (collectively referred to as “provide” in this Article) through the Service, including but not limited to AI-native applications, text, URLs, code, or other information, data, datasets, content, documents, or materials that you provide in or through the Service, is referred to as “Your Content.” You confirm and warrant that Your Content is originally created by you or has been lawfully authorized (including the right of sub-licensing). Without violating applicable laws and regulations, the intellectual property rights of Your Content shall belong to you or the original rights holder.

2.2 Confidentiality and Privacy Information

Unless otherwise agreed, you shall not provide confidential and/or privacy information to the Service. You expressly acknowledge and agree that we have no confidentiality obligation with respect to any of Your Content. We may disclose Your Content in order to comply with applicable laws and regulations, perform this Agreement, prevent fraud, or resolve security or technical issues.

2.3 Processing of Personal Information

If the content you input or submit contains personal information, you shall make commitments and guarantees regarding the legality of your processing of personal information, as well as the legality of the platform’s processing of the personal information you submit within the scope of this Agreement or other supporting agreements. You confirm that you are the rights holder of such personal information, or that your processing of personal information through this platform and based on the Service, and the platform’s subsequent processing of applications and component tools containing such personal information, comply with all provisions of applicable laws, regulations, and normative documents.

2.4 Display and Use of Content

To the extent permitted by applicable law, we may display or use the aforementioned information and content. If the above content violates any applicable law or platform agreement or policy, we have the right to delete it and lawfully dispose of your account in accordance with the Agreement and applicable laws.

Article 3 User Responsibilities

3.1 User’s Own Responsibility

You shall bear full responsibility for all consequences arising from any information or materials you provide, activities you engage in such as application creation/generation services using the services we provide, and activities conducted through our products. We assume no liability in this regard. If disputes arise directly with third parties (including but not limited to any users who access and use your applications and content, i.e., “End Users”) due to your activities using our services, such disputes shall be resolved by you and the third parties independently, and you shall bear the corresponding legal liability. If such disputes cause losses to us, you shall be liable for compensation.

3.2 Responsibility to End Users

You shall comply with laws and regulations related to personal information protection, urge End Users to lawfully use products, services, or applications, and bear all liability for damages arising from your use of the products and services.

You shall indemnify and defend us and our affiliates against any claims, penalties, or losses arising from: (1) your actions, including development, deployment, or use; (2) any End User’s use and operation of your products, services, or applications.

Article 4 Prohibited Conduct

You shall not use the resources and services we provide to engage in, or allow third parties to engage in, the following activities:

(1) Maliciously deleting, tampering with, forging, or concealing the labels we have added to AI-generated synthetic content (including explicit labels added to generated synthetic content or interactive scenario interfaces that are presented in text, audio, graphic, or other formats and can be clearly perceived by users, as well as implicit labels added to generated synthetic content file data through technical measures that are not easily perceived by users), or providing tools or services for others to commit the above malicious acts, or damaging the lawful rights and interests of others through improper labeling means;

(2) Using the resources and services we provide to steal, leak, transfer, abuse, tamper with, or destroy data, trade secrets, and/or information of us or others, including but not limited to TTS data, personal information, biometric data, etc.;

(3) Inducing the generation of outputs that violate applicable laws and regulations, maliciously circumvent filtering mechanisms, form unfriendly dialogues, interfere with the normal operation of the Service, or infringe upon the lawful rights and interests of others or us through input content;

(4) Using the lawfully or unlawfully obtained data, trade secrets, and/or information described above to directly or indirectly create, train, or improve products and services that are similar to or compete with BinkBink;

(5) Reverse engineering, disassembling, reverse assembling, decompiling, or compiling the Service, or otherwise attempting to discover or obtain the source code of the Service or third-party services, the source code of the system, or underlying components, underlying technologies, algorithms, or models;

(6) Uploading, publishing, sending via email, or otherwise transmitting materials related to software viruses, Trojan horses, worms, logic bombs, or other malicious or harmful computer code, files, and programs that interfere with, damage, or limit the functionality of any computer software, hardware, or communication equipment;

(7) Illegally intruding into the Service’s servers, interfering with normal network functions, stealing network data, tampering with the Service’s related code, or other acts that damage the Service; or providing programs or tools specifically designed for intruding into networks, interfering with normal network functions and protective measures, stealing network data, or other activities that endanger cybersecurity;

(8) Attempting to circumvent the platform’s security settings or network systems, including obtaining data that users should not access, logging into servers or accounts without explicit authorization, or using methods such as running port scans to probe the security measures of other networks;

(9) Without our authorization, illegally reselling or externally providing the Service, or using the Service for commercial purposes;

(10) Damaging or bypassing account verification mechanisms;

(11) Other acts such as illegal data cloning, unfair competition, and intellectual property infringement.

Article 5 Service Usage Standards

5.1 Information Judgment and Decision-Making

You fully understand and agree that this product only provides users with the service content specified in this Agreement and cannot replace users in making information judgments and behavioral decisions. Accordingly, you should understand that using this product’s services may involve risks arising from illegal or improper actions (or information) of others. You should make your own judgments and take actions, and bear the corresponding risks yourself. For matters that may have a significant impact on you or others (including but not limited to the fields of healthcare, finance, investment, insurance, law, food safety, nutrition, etc.), it is recommended that you seek guidance from professionals. The information provided by the Service should not be used as the sole basis for your decisions or actions.

5.2 Lawful and Compliant Use

When using our platform’s products and related services, and when setting up accounts, inputting, outputting/generating, creating, uploading, publishing, or disseminating information, you shall consciously comply with the requirements of applicable laws, administrative regulations, and normative documents, observe public order, respect social morality and ethics, respect the lawful rights and interests of others, moral standards, and information authenticity requirements. Otherwise, we have the right to immediately take appropriate measures. You promise that when using the products and related services, you shall not, nor allow or assist anyone in, using the Service to engage in the following acts:

(1) Opposing any legal provisions;

(2) Infringing upon social public interests, disrupting economic and social order;

(3) Inciting or promoting ethnic hatred or ethnic discrimination, undermining ethnic unity;

(4) Undermining religious policies, promoting cults and feudal superstitions;

(5) Spreading rumors, obscene language, or false information, disrupting social order or public morals, undermining social stability;

(6) Promoting obscenity, pornography, gambling, violence, murder, terrorism, extremism, or instigating crime;

(7) Inciting illegal assemblies, associations, marches, demonstrations, or gathering people to disrupt social order;

(8) Insulting, defaming, slandering, or otherwise harming others, leaking others’ privacy, personal information, or materials, infringing upon others’ rights of reputation, portrait, voice, privacy, intellectual property, and other lawful rights and interests;

(9) Infringing upon the lawful rights and interests of minors or harming the physical or mental health of minors;

(10) Undermining international relations and international peace and stability;

(11) Personal attacks, insults, slander, intimidation, cursing at others, and other uncivilized behavior;

(12) Making statements of a cursing, discriminatory, hateful, life-dignity-disregarding, or prejudicial nature against the following groups, causing or potentially causing physical or psychological harm to that person or another person, including but not limited to civil discrimination, religious discrimination, nationality discrimination, gender discrimination, sexual orientation discrimination, age discrimination, occupational discrimination, health discrimination, and regional discrimination. Such groups include: people of different specific nationalities, regions, genders, gender identities, sexual orientations, races, ethnicities, health conditions, occupations, ages, beliefs, disability groups, etc.;

(13) Containing terrorism, violent and bloody content, high-risk content, or content harmful to the physical or mental health of performers themselves or others;

(14) Cursing, intimidating, or threatening others;

(15) Creating, copying, publishing, or disseminating false information;

(16) Creating, copying, publishing, or disseminating telecommunications network fraud information, or conducting fraud-related activities;

(17) Other information prohibited by laws, administrative regulations, policies, or public order and good morals, that interferes with the operation of this platform or infringes upon the lawful rights and interests of other users or third parties. You may report to us various illegal and non-compliant acts, illegal dissemination activities, illegal and harmful information, and other content, and we will promptly accept and process your complaints and reports to jointly create a clean and upright cyberspace.

Article 6 Distribution of Generated Content and Intellectual Property

6.1 Game Distribution

You agree that games generated through the platform’s features shall be distributed only on this platform, and you shall ensure that your use of such content complies with this Agreement and all applicable laws, regulations, and normative documents. You agree that games generated from your input prompts may be displayed on BinkBink for other platform users to play.

6.2 Intellectual Property Rights in Output Content

With respect to the output generated on BinkBink from your submitted input, we do not claim ownership of the corresponding intellectual property rights. You or the third party with corresponding rights shall enjoy the rights to such output. If the input and/or output itself contains content in which we hold intellectual property rights or other lawful rights and interests, the corresponding rights to such input and/or output shall still belong to us, and their ownership shall not change by virtue of being included in the output.

6.3 Platform Intellectual Property

We are the developer and operator of the Service, and enjoy all rights within the scope permitted by applicable laws and regulations with respect to all data, information, output, etc. generated during the development and operation of the Service, except where relevant rights holders are entitled to rights in accordance with applicable legal provisions.

Unless otherwise provided in other clauses, all ownership, intellectual property rights, and other related rights and interests in any services, foundation models, materials, software, data, information, content, code, etc. that we provide to you based on this Agreement (including but not limited to through interfaces) shall belong exclusively to us. All other rights not expressly authorized in this Agreement are reserved by us, and you must obtain our written permission before exercising such rights. Our failure to exercise any of the foregoing rights does not constitute a waiver of such rights.

6.4 Intellectual Property Rights in User Content

All information content, including knowledge documents, data, text, files, materials, links, etc., that you provide/upload/input/publish during your use of the Service shall not, unless otherwise agreed with you, result in the transfer of intellectual property rights by virtue of the act of providing/uploading/input/publishing. At the same time, you understand and agree that we may store and use the aforementioned information content within the scope permitted by applicable laws for the purpose of achieving the objectives of the Service. You ensure that our storage and use of the aforementioned information content based on your consent will not infringe upon the lawful rights and interests of any third party.

Article 7 Data Processing and AI Labeling

7.1 Data Processing

To comply with applicable laws and regulations and ensure service quality, you have been fully informed and agree to authorize us, on the premise that we process Service-related data in a manner that complies with applicable laws and regulations, to apply relevant data to service performance optimization, system troubleshooting, and risk control management, etc. If you reject such data processing methods, you may provide feedback to us in accordance with the methods stipulated in the Service’s related agreements and policies.

7.2 AI-Generated Synthetic Content Labeling

We will add AI-generated synthetic content labels to the generated synthetic content in accordance with applicable laws and regulations (including explicit labels added to generated synthetic content or interactive scenario interfaces that are presented in text, audio, graphic, or other formats and can be clearly perceived by users, as well as implicit labels added to generated synthetic content file data through technical measures that are not easily perceived by users). If you require us to provide generated synthetic content without explicit labels, you shall add the relevant labels yourself in accordance with applicable laws and regulations, and use such content in compliance with applicable laws, regulations, and relevant rules.

Article 8 Breach of Contract Liability

If penalties, breaches, or infringements upon the lawful rights and interests of third parties are caused by your violation of applicable laws and regulations, this Agreement, or other applicable agreements, you shall resolve such matters on your own. If losses are caused to us, we have the right to recover from you all losses suffered as a result (including direct losses, indirect losses, expected benefit losses, etc.), and the reasonable expenses incurred by us in defending our rights (including but not limited to attorney’s fees, travel expenses, notarization fees, litigation fees, etc.) shall be borne by you.

Article 9 Account Management

The account you register is for your personal use only. Without our written consent, it is prohibited to give, lend, lease, transfer, sell, or otherwise permit others to use the account in any form. You are responsible for maintaining the security and confidentiality of your personal account, password, and verification codes, and you shall bear all related legal liabilities for activities conducted under your registered account.

You understand and agree that, in compliance with applicable laws and regulations or at the request of state authorities, we have the right to restrict or freeze your account. Under such circumstances, you may not be able to continue logging into or using your account. If the relevant provisions simultaneously require or recommend that we conduct further account authentication, please cooperate with us. To cooperate with the requirements of regulatory authorities, law enforcement agencies, or judicial departments, or to handle litigation cases and other disputes related to you, we may (and may also require you to cooperate with us in) providing information related to your account to regulatory authorities, law enforcement agencies, or judicial departments, including but not limited to your registration information, login information, real-name authentication information, binding information, and other information that may reflect the ownership and usage of your account.

Article 10 Protection of Minors

If you are a minor under the age of 18, you may use the Service only after reading and agreeing to this Agreement under the supervision and guidance of your guardian and with your guardian’s consent. In particular, minor users should note:

(1) Adolescents should use this software and related services under the supervision and guidance of their guardians, learn to use the internet correctly within a reasonable scope, avoid addiction to virtual cyberspace, and develop good internet habits;

(2) To better protect the privacy rights and interests of minors, we remind you that you should strictly comply with applicable laws and regulations, exercise caution when publishing content containing materials of minors. Once published, it shall be deemed that you have obtained the consent of the rights holder and that you allow us to use and process such minor-related content in accordance with this Agreement.

Article 11 Complaints and Reporting

If you believe that the Service involves infringement of your intellectual property rights or other rights, or if you discover any illegal, false information or use that violates this Agreement, you may send the relevant complaint materials to the contact information specified in this Agreement. We will process the matter after receiving your complaint materials, including taking reasonable measures such as promptly stopping generation, stopping transmission, and eliminating the content.

Article 12 Service Modification and Termination

We have the right to modify the content and/or method of provision of the Service at any time, or to suspend or terminate the Service, due to business development or changes in applicable laws and regulations. You agree that we shall not be liable to you or any third party for any consequences arising from the above circumstances.

Article 13 Dispute Resolution

Unless otherwise agreed by both parties, the interpretation and application of this Agreement, as well as disputes related to this Agreement, shall be governed by the laws of the People’s Republic of China (excluding conflict of laws rules), and shall be subject to the jurisdiction of the people’s court with jurisdiction in Haidian District, Beijing.

Article 14 Contact Information

If you have any opinions or suggestions regarding the Service or this Agreement, or if you discover that user AIGC content infringes upon your intellectual property rights or other rights, or if any improper content is generated, you may contact us by sending an email to binkbink2026520@gmail.com. We will respond within 10 business days after receiving your feedback.