Fycut Service Terms

Date of Last Revision: 04-12-2024

Welcome to Fycut. Please read the following content carefully and fully understand it, especially the clauses that exempt or limit the liability of Fycut company, the clauses that restrict users' rights, and the clauses regarding the application of law and jurisdiction.

If you are under 18 years old, or in other situations where you do not have the civil capacity suitable for user actions, please read this agreement under the accompaniment and guidance of your legal guardian ("guardian"), and use the Fycut platform after ensuring that your guardian agrees to the content of this agreement. You and your guardian shall bear the corresponding consequences of agreeing to this agreement and using Fycut in accordance with the provisions of laws and regulations.

Important: Unless you have fully read, completely understood, and accepted all terms of this agreement, you have no right to use Fycut. If you do not agree to this agreement or any of its terms, you should immediately stop using Fycut.

Your clicking "Agree", or your use of Fycut, or any other explicit or implied expression of acceptance of this agreement, shall be regarded as you have read and agreed to this agreement. This agreement shall have legal effect between you and Fycut and become a legally binding document for both parties.

1. Definitions and Scope of the Agreement

1.1 Definitions

1.2 Scope of the Agreement

This agreement is between you and Fycut Company regarding the downloading, installation, and use of the Fycut platform, including the text of this agreement, the "Fycut Privacy Policy", and various rules, standards, notices, etc., that have been published or may be published/updated by Fycut Company in the future and notified in a reasonable manner. All rules are an integral part of this agreement and have the same legal effect.

2. Account Management

2.1 Account Acquisition

Fycut platform provides you with registration and login channels. You can become a user of the Fycut platform by filling in information as prompted on the page, reading and agreeing to this agreement, and completing all registration and login procedures. You may also need to fill in your real identity information as required by laws and regulations (if any), otherwise, you may not be able to use Fycut platform services or may be restricted in using them. You understand and agree that you have the obligation to maintain the truthfulness, validity, and completeness of the information you provide.

The account and password you register for are the credentials for logging in and using the Fycut platform as a user, which you should use and keep with care. You are responsible for all activities and behaviors conducted under your account. You shall bear the responsibility for any account theft, loss of password, or illegal use of the account due to poor safekeeping.

You must not maliciously register Fycut accounts, including but not limited to frequent registrations, bulk registrations, registering using others' identities, or other account registration behaviors not aimed at normal use of Fycut platform services.

2.2 Account Information Settings

The account information such as name, avatar, and profile set during registration or use of the Fycut platform should abide by the principles of laws and regulations, social morals, and information authenticity. It must not contain inappropriate content, impersonate others' names, avatars, etc., or adopt other methods that may cause confusion. It should not infringe on the legal rights of third parties.

2.3 Account Use and Ownership

Some third-party websites or services may use Fycut accounts as one of their login methods. You understand that, unless specifically stated by Fycut company, these websites or services are not operated by Fycut company. You should judge the security and availability of such third-party websites or services on your own and bear the related risks and responsibilities.

Since your account is linked to your personal information and Fycut platform's commercial information, it is for your personal use only. Without Fycut company's consent, any direct or indirect authorization to a third party to use your account or obtain information under your account is invalid. If Fycut company judges that the use of your account may violate laws and regulations, endanger your account security, and/or Fycut platform information security, Fycut company may refuse to provide corresponding services or terminate this agreement. Fycut company has the right to block, cancel, or reclaim the account depending on the situation, and any losses such as content deletion or virtual property clearance incurred are borne by you and the user of the account.

2.4 Account Cancellation and Recovery

You can apply to cancel your Fycut account following the Fycut platform process, but you still need to bear the corresponding responsibilities for your actions before canceling the account or during the use of Fycut platform services. Once the cancellation is successful, unless otherwise stipulated by laws and regulations, Fycut company will not provide services for account record, content, or virtual property recovery. Please operate cautiously.

You understand and agree that to fully utilize account resources, if you fail to log in and use the account in a timely manner after registration or do not log in and use the account for more than six months continuously, and there is no ongoing Fycut platform service that has not expired or been fully performed, Fycut company has the right to reclaim your account. If your account is reclaimed, you will not be able to log in and use the Fycut platform with your previous account, and personalized settings and usage records under your account will not be recoverable.

2.5 Handling of Account Violations

If you engage in any behavior that violates laws and regulations or does not comply with the terms of this agreement while registering or using a Fycut account, Fycut company has the right to refuse registration; for already registered accounts, Fycut company has the right to require users to correct within a limited time, or unilaterally take measures such as short-term blocking, permanent banning, or account cancellation depending on the situation.

3. Fycut Platform Services

3.1 Content Browsing

You can browse various types of information and content through the Fycut platform. You must judge the content on the Fycut platform on your own and bear the risks arising from the use of such content. Except as explicitly provided by laws and regulations, you shall bear the responsibility for any purchases or transactions made based on such content or any damages or losses suffered due to the aforementioned content.

3.2 Content Publishing

You can use the Fycut platform to publish your original opinions, views, texts, information, images, audio and video, and other content, or content you have the right to publish. Any content or information you publish on the Fycut platform does not represent the views, positions, or policies of Fycut company, and except as explicitly provided by laws and regulations, you must bear the responsibility for the content you publish.

When publishing content through the Fycut platform, you must comply with relevant laws and regulations and not use the Fycut platform to produce, copy, publish, disseminate, or store any content that violates laws and regulations, endangers national security, may cause loss to users' property security or information security, marketing information, vulgar or inappropriate information, inappropriate content, and false information, etc.

You must not use new technologies such as deep learning and virtual reality to create, publish, or disseminate false content on the Fycut platform.

Note: There is no tolerance for objectionable content and abusive users.

3.3 Content Sharing and Forwarding

You can share and forward information content on the Fycut platform, but without the written permission of Fycut company, you must not copy, read, adopt, count the information content and related data of the Fycut platform, or engage in any form of sales and commercial use, or disclose, provide or allow third parties to use it in any way.

3.4 Participation in Activities

You can participate in various online and offline interactive activities organized periodically by Fycut company through the Fycut platform. However, you must not use any improper or cheating means to participate in these activities. Otherwise, Fycut company has the right to limit or cancel your eligibility to participate in the activities, and has the right to cancel and recover the rewards you have obtained or received, and pursue your legal responsibility.

3.5 Subscriptions

Some parts of the Application are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Your Subscription will be charged to your iTunes account at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless canceled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage your Subscription or turn off auto-renewal at any time from your iTunes account settings. Cancellation of the active Subscription period is not allowed. All Subscriptions may be final and non-refundable. By accepting these terms, you agree that Fycut is not required to provide a refund for any reason. Fycut may change, modify, or eliminate features of the Subscription at any time, with or without notice. Fycut, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.

4. Rights and Permissions

4.1 Platform Declaration

Platform Intellectual Property: The content provided by the Fycut platform, including but not limited to videos, graphics, textual descriptions and their combinations, interface design, layout framework, icons, trademarks, etc., belongs to Fycut company, except for software and content involving third-party authorizations. These are protected by copyright law, trademark law, patent law, anti-unfair competition law, and international treaties and other legal regulations. Without written permission from Fycut, users may not use, copy, recreate these contents, or create derivative products related to the content for any purpose.

Platform Usage Norms: Unless permitted by laws and regulations or written permission from Fycut company, you shall not engage in the following activities:

4.2 User Content and Information Authorization

The content you publish or upload on Fycut platform (including but not limited to text, images, videos, audio, etc.) should have a legal source, and you own the relevant content or have obtained the necessary authorization.

Unless proven otherwise, you understand and agree that to better share and promote user content, increase its dissemination value and influence, you grant Fycut company a free, irrevocable, non-exclusive, and unrestricted geographical license to use, including storing, using, disseminating, copying, revising, adapting, compiling, publishing, displaying, translating, performing user content or creating derivative works, incorporating the content into other works in known or future forms, media, or technology, granting third parties the right to use in the aforementioned manner, and the right to evidence, initiate complaints, or litigate in their own name or entrust a professional third party for infringement of the intellectual property rights of the content you upload and publish.

For clarity, the above license includes the right and permission to use, copy, and display protected personal images, portraits, names, trademarks, brands, logos, and other marketing and promotional materials, and materials in user content.

Fycut company will not transfer or disclose your personal information to any third party unless:

4.3 Infringement Complaints

Fycut company respects and protects your and others' intellectual property rights, reputation rights, name rights, privacy rights, and other legitimate rights and interests. You guarantee that the text, images, videos, audios, links, etc., you upload on Fycut platform do not infringe on any third party's intellectual property rights, reputation rights, name rights, privacy rights, or other legitimate rights and interests. Otherwise, Fycut company has the right to remove the suspected infringing content upon receiving notification from the rights holder or related party.

If you believe that the content on Fycut platform infringes your legitimate rights and interests, you can provide relevant documents or information (including content links, identity materials, rights enjoyed, and proof of infringement) to Fyta_Official. Fycut company will decide whether to deal with the suspected infringing content after receiving a valid notification.

Unless otherwise proven, the data stored on Fycut company's servers is the only valid evidence of users' use of the Fycut platform.

5. Legal Responsibility

5.1 Breach Handling

In the event that you breach the terms of this agreement, Fycut company has the right to make an independent judgment and immediately suspend or terminate part or all of the Fycut platform services provided to you. This includes measures such as muting, blocking information, deleting published content, banning accounts, and canceling accounts. You shall bear the losses incurred (including but not limited to the clearing of virtual property, inability to use the account and related Fycut platform services normally, inability to access assets or other rights within your account, etc.) and corresponding legal responsibilities.

5.2 Liability Assumption

The forms of legal responsibility you bear include but are not limited to: compensating the aggrieved party for losses, making apologies, eliminating the impact, returning property, etc. If your actions cause losses to Fycut company, you should bear full compensation responsibility, including direct losses such as administrative penalties or damage compensation, as well as indirect losses such as damage to reputation, settlement payments, attorney fees, litigation fees, etc.

5.3 Anti-Commercial Bribery

You fully understand that any benefits provided to employees or consultants of Fycut company, such as goods, cash, cash equivalents, services, travel, etc., that obviously exceed the scope of normal business negotiations, are considered acts of commercial bribery. In such cases, Fycut company may immediately terminate all cooperation with you and pursue your legal responsibility.

5.4 Associated Handling

When Fycut company terminates this agreement due to your breach, for the purpose of maintaining platform order, Fycut company may terminate cooperation with you under other agreements based on agreements reached with you under other terms. If you violate the agreement established with Fycut in other cooperative items, Fycut company also has the right to terminate this agreement. In addition to the termination of the aforementioned agreement, Fycut company may also pursue your liability for breach of contract in association.

5.5 Information Disclosure

Fycut company may publicize information about the aforementioned breach by you and other illegal information confirmed by effective legal documents from national administrative or judicial authorities on the Fycut platform. For actions suspected of violating laws and regulations, we are obliged to save relevant records, report to relevant national authorities, and cooperate with investigations.

6. Limitation of Liability and Exemption Clauses

6.1 Third-Party Services

When you use a specific service on the Fycut platform, there may be separate agreements or rules for that service. Please read and agree to the relevant separate agreement or rules before using that service. If the service is provided by a third party, Fycut company and the third party will each bear responsibility for any disputes that may arise, within the scope of legal regulations and agreed terms.

6.2 Limitation of Liability

All disclaimers and limitations of liability contained in this agreement apply only to the maximum extent permitted by law.

6.3 Platform Liability

Fycut company will assume platform responsibility only in accordance with relevant legal regulations. We are not responsible for defamation, criminal or other illegal acts by third parties, nor do we compensate for your losses caused by them, except where we are legally at fault for the losses you suffer.

6.4 Service Changes, Interruptions, and Termination

Fycut company is constantly changing and improving Fycut platform services. We will make every effort to provide services to you, ensuring the continuity and security of the service. Based on this, we may update the Fycut platform, and you should update the software to the latest version, otherwise, we do not guarantee that you can use the Fycut platform normally.

You understand and agree that Fycut company may choose to suspend, interrupt, or terminate part or all of Fycut platform services due to its own business decisions, government actions, force majeure, etc. If such situations occur, we will notify you in a reasonable manner and within a reasonable period, except as otherwise provided by laws and regulations, we are not liable for any losses caused to you.

In the event of a merger, division, acquisition, or asset transfer of Fycut company, Fycut company may transfer some or all of the Fycut platform services and corresponding rights and obligations under this agreement to a third party for operation or performance, upon unilateral notification to you. The specific transferee will be determined based on the notification from Fycut company.

In any of the following situations, Fycut company has the right to interrupt or terminate the services provided to you without notice:

7. Agreement Modification and Termination

7.1 Agreement Modification Notification

Fycut company reserves the right to modify the content of this agreement when necessary and will notify you in advance through reasonable means (including but not limited to Fycut platform announcements, system messages, internal messages, SMS, email, etc.) and within a reasonable period. Such notifications are considered delivered to you on the date of sending. You can view the latest version of the agreement on the relevant pages of the platform.

7.2 Effectiveness of Modified Agreement

After the modification of this agreement becomes effective, if you continue to use the Fycut platform, it will be deemed that you have accepted the modified agreement. If you do not accept the modified agreement, you should stop using the Fycut platform.

7.3 Termination of the Agreement

This agreement will terminate simultaneously when you cancel your Fycut account or when Fycut company notifies you of the termination of Fycut platform services (including but not limited to banning accounts, canceling accounts, etc.) provided to you. Fycut company will not provide you with a separate notice to terminate this agreement.

8. Miscellaneous

8.1

The titles of all clauses in this agreement are for convenience of reading and understanding only and have no actual significance. They cannot be used as a basis for interpreting the meanings of this agreement.

8.2

If any part of this agreement is rendered invalid or unenforceable for any reason, the remaining clauses will still be valid and binding on both parties.

8.3

If you have any comments or suggestions regarding this agreement, you may provide feedback to Fyta_Official, and we will offer you the necessary assistance.

Thank you for reading our Terms of Service. Your continued use of Fycut services constitutes acceptance of these terms.