Terms Of Service
Welcome to namyvera. These Terms of Service constitute a legal agreement between you and Shenzhen Namyvera Technology Co., Ltd. (hereinafter referred to as “namyvera,” “the Company,” “we,” or “us”) and are intended to govern your access to and use of the namyvera website (https://namyvera.com/), mobile application (“App”), and smart plush toy (collectively referred to as the “Service”). Please read these terms carefully, as they contain important information that may affect your rights. By using this Service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to all or any part of these terms, please do not continue using the Service.
In this Agreement, “you” or “User” refers to the individual user of the Service. If you are using the Service on behalf of a company or other organization, then “you” also includes such entity, and you represent and warrant that: (a) you have the authority to bind such entity to this Agreement; and (b) you have obtained the entity’s consent to comply with these terms.
Important Notice: This Agreement contains binding arbitration provisions and a waiver of rights to class actions. By accepting this Agreement, you agree to resolve all disputes through individual arbitration, waive your right to a trial by court or jury, and waive your right to participate in class actions, class arbitrations, or representative lawsuits. You have the right to opt out of arbitration. We also reserve the right to modify, suspend, or terminate the Service (or any part thereof) at any time at our sole discretion, with or without prior notice. We may delegate the provision or operation of certain services under this Agreement to our affiliates or third parties. By accepting and using such services, you agree that your rights and obligations with such affiliates or third parties are also subject to this Agreement and the applicable platform rules. We will also require such affiliates or third parties to protect your lawful rights in accordance with the law.
1.Use of the Service
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Registration Obligations: When using the Service, you must provide accurate, complete, and truthful registration information. You must have reached the legal age of majority in your jurisdiction in order to register and use the Service. If you are under the legal age in your country or jurisdiction, please read this Agreement carefully with your parent or legal guardian and obtain their consent before using the Service. You represent and warrant that you have the legal right and ability to enter into this Agreement and comply with all its terms.
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Account Security: You are responsible for safeguarding your account information, including but not limited to keeping your password and account confidential. You must not gift, lend, lease, transfer, sell, or otherwise permit others to use your account in any way. You are solely responsible for all activities conducted under your account. If you discover any unauthorized use or any security vulnerability, you must immediately notify namyvera and ensure that you log out of your account at the end of each session. Any losses resulting from your failure to comply with this provision shall be borne by you.
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Service Use and Data Storage: Namyvera may set usage rules and limitations for users, such as data retention periods and storage capacities, and has the right to periodically clean up inactive accounts. You agree that we are not responsible for any data loss or failure to store data and reserve the right, at our sole discretion, to modify such general practices and limitations at any time, with or without notice.
Occasional Electronic Notices: By providing your email address or other electronic contact information, you agree that we may use email or other electronic means to send you notifications related to your account, service updates, and marketing communications.
2. User Conduct and Content Guidelines
In addition to agreeing to comply with our Community Guidelines (which are incorporated herein), you agree to abide by the following conditions when using the Service.
You are solely responsible for all content you upload, post, or share (including but not limited to text, images, audio, video, etc.). The following types of content are strictly prohibited from being uploaded:
- Content that infringes on intellectual property rights, portrait rights, or privacy rights;
- Content containing viruses, malicious code, or programs that interfere with the normal functioning of devices;
- Spam, chain letters, pyramid schemes, etc.;
- Content involving violence, hate, discrimination, harassment, pornography, or inappropriate content related to minors;
- Content promoting self-harm, suicide, eating disorders, or illegal activities;
- False information, fraud, or abusive behavior.
Additionally, you must not:
- Violate applicable laws or regulations;
- Impersonate others or fabricate identities;
- Collect others’ information for harassment or commercial purposes;
- Damage or interfere with the Service, or circumvent security measures in any way that harms namyvera’s network;
- Reverse engineer, crack, or use the Service without authorization;
- Use the Service to generate impersonations or forged content;
- Solicit personal information from anyone under the age of 18;
- Rent, lend, sell, or transfer any part of the Service.
3. Intellectual Property Rights
Content you upload to the Service (including text, images, audio, video, etc.) remains your property, but you agree to grant namyvera a non-exclusive, worldwide, royalty-free right to use such content to the extent permitted by law for the purposes of providing, optimizing, and promoting the Service. This includes, but is not limited to, displaying, distributing, storing, and commercializing such content. Namyvera reserves the right to review and process your uploaded content in accordance with applicable laws and actual circumstances.
Meanwhile, all intellectual property rights contained in or associated with the Service (including but not limited to the App, software code, trademarks, logos, and user interface designs) are legally owned by namyvera or its licensors. We grant you only a limited, non-transferable, non-exclusive personal license to use the Service strictly in accordance with this Agreement and solely for non-commercial purposes.
4. Usage Risks and Disclaimer
You acknowledge that we do not pre-screen content, and that AI-generated chats are inherently unpredictable and may result in inaccurate or offensive outputs. You agree that you must evaluate and bear all risks associated with the use of any content or outputs. You should not rely on the accuracy or completeness of any statements made within such content or outputs, and if you do so, you acknowledge that it is at your own risk.
You acknowledge that we have the right (but not the obligation), at our sole discretion, to refuse or remove any content (including content, characters, and outputs) provided through the Service. Without limiting the foregoing, we have the right to remove any content that violates these terms or that we otherwise find objectionable at our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to namyvera regarding the Service are non-confidential, and we shall have the right to use and disseminate such information for any purpose, without acknowledgment or compensation to you.
You acknowledge and agree that we may retain content and metadata in accordance with applicable laws and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes, applicable laws, or governmental requests; (b) enforce these terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of namyvera, its users, or the public.
5. Third-Party Materials and Links
- The Service may contain third-party links, content, or characters. We do not bear any responsibility for the legality or accuracy of third-party content. Any risks arising from transactions between you and such third parties shall be borne solely by you.
- You must obtain product links and services through official channels. If you do not obtain namyvera products or services from what we deem to be official channels, we cannot guarantee that the version you obtained is an official one, nor can we ensure that the relevant version can function properly. If you suffer losses from using non-official versions, we shall not bear any liability for compensation or reimbursement unless otherwise explicitly required by laws and regulations.
6. Copyright Policy and DMCA Notice
If you believe that your copyright has been infringed, please notify us by providing the following: a signature of the copyright owner, a description of the copyrighted work that has been infringed, the location of the infringing material, contact information, and a statement of good faith. If you believe that your content was mistakenly removed, you may also submit a counter-notification. The specific required contents will be communicated in subsequent correspondence.
7. Limitation of Liability and Termination
- Namyvera reserves the right to modify or terminate all or part of the Service at any time. We also reserve the right to take measures against users who violate these terms, including but not limited to disabling accounts, removing content, or reporting to law enforcement authorities. We may also, for reasons such as user experience optimization, platform security, compliance, or product upgrades, periodically update or adjust namyvera products and services, including but not limited to modifications, upgrades, suspension, termination, or replacements. You may choose whether to update; however, if you refuse to update, some features may be restricted or function abnormally.
- Some namyvera services or features may involve paid subscriptions. You should carefully read the corresponding payment instructions and fee standards before choosing to use such services and ensure that you understand the costs involved, billing cycles, refund policies, etc. By clicking confirm, purchasing, or making a payment, you acknowledge your acceptance of the relevant pricing and terms. We may adjust the content and pricing of paid services based on actual circumstances and notify you via announcements, pop-ups, or email alerts. If you encounter issues such as accidental purchases, duplicate payments, or account anomalies due to your own actions, you should promptly contact the platform for resolution. We will assist based on specific situations but do not guarantee a full refund.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the People's Republic of China. Any disputes arising from or related to this Agreement shall be submitted to a competent arbitration institution in Shenzhen, China for arbitration, unless you opt out of the arbitration mechanism in accordance with the terms.
If you are a user located outside the People's Republic of China, you understand and agree that, to the extent permitted by law in your jurisdiction, the above governing law and dispute resolution provisions shall still apply.
We sincerely appreciate your support of Namyvera. If you have any questions about this User Agreement or our data processing, please contact us at [dev@namyvera.com].