Terms of Service
Last Updated: January 30, 2025
Effective Date: January 30, 2025
CHAPTER ONE: GENERAL PROVISIONS
Article 1: Acceptance and Effect of the Agreement
Welcome to HeDuck Service (hereinafter referred to as "the Service"). These Terms of Service (hereinafter referred to as "these Terms" or "this Agreement") constitute an agreement between you (hereinafter referred to as "User" or "You") and HeDuck (hereinafter referred to as "the Platform," "we," or "the Service Provider") regarding your use of the Service. These Terms have contractual effect. Please read them carefully.
Before you register as a user of the Platform, please carefully read and fully understand all the provisions of these Terms, especially the provisions that exempt or limit the Platform's liability (hereinafter referred to as "Exemption Clauses"), provisions that limit your rights (hereinafter referred to as "Restriction Clauses"), and provisions regarding dispute resolution methods, etc. Exemption Clauses, Restriction Clauses, etc. may be highlighted in bold, underlined, or other forms to draw your attention.
By clicking to confirm acceptance of these Terms through a web page or by choosing to accept these Terms in any other way, including but not limited to using the Service without clicking to confirm these Terms, you and the Platform have reached an agreement on these Terms, and these Terms are legally binding on both you and the Platform. If you do not agree with any content of these Terms, please stop using the Service immediately.
Article 2: Definitions and Interpretations
Unless otherwise specified in these Terms, the following terms shall have the following meanings in these Terms:
- The Service: Refers to the AI-powered emotional mediation assistance service and related functions provided by the Platform through websites, mobile applications, mini-programs, API interfaces, or other forms.
- User or You: Refers to a natural person who registers, logs in, and uses the Service.
- Account: Refers to the account registered by the User to use the Service, including account name, password, and other related information.
- Session: Refers to a mediation conversation initiated or participated in by the User through the Service.
- Content: Refers to any information published, transmitted, or stored by the User through the Service, including but not limited to text, images, audio, video, etc.
- AI-Generated Content: Refers to content automatically generated through artificial intelligence technology based on user input, including but not limited to mediation suggestions, fact drafts, resolution reports, etc.
- Intellectual Property: Refers to copyrights, patent rights, trademark rights, trade secrets, and other intellectual property rights enjoyed in accordance with law.
Article 3: Modification and Update of the Agreement
The Platform reserves the right to modify these Terms at any time. The modified terms will be published on the Platform's website or application, or notified to you by other reasonable means. If you continue to use the Service after the modified terms are published, you are deemed to have accepted the modified terms. If you do not accept the modified terms, please stop using the Service immediately.
The Platform recommends that you periodically review these Terms to ensure that you understand the latest content of these Terms. You can view the latest version of these Terms on the relevant page of the Platform's website or application.
CHAPTER TWO: SERVICE DESCRIPTION
Article 4: Service Content
The Service is an emotional mediation assistance tool based on artificial intelligence technology. The main functions of the Service include but are not limited to:
- Providing an AI-guided conversation environment to help users communicate
- Analyzing user conversation content and providing mediation suggestions
- Generating fact drafts and resolution reports
- Providing private conversation spaces for users to express their true feelings
- Recording and managing users' session history
Article 5: Service Nature Declaration
You understand and agree:
- The Service is only an AI assistance tool and does not constitute and cannot replace professional psychological counseling, legal advice, marriage counseling, medical advice, or any other professional services.
- All content and suggestions provided by the Service are for reference only and should not be considered professional advice. Users should independently judge whether to adopt the relevant suggestions and are responsible for their own decisions.
- If you are experiencing severe emotional distress, mental health issues, or other emergencies, please seek help from professionals immediately.
- The Service cannot diagnose or treat any psychological or emotional problems, nor can it resolve any legal disputes.
- AI-generated content may contain errors, biases, or inaccuracies, and users should treat it with caution.
Article 6: Provision and Changes of the Service
The Platform reserves the right to modify, suspend, or terminate the Service (or any part thereof) at any time, with or without prior notice. These modifications may include but are not limited to: adding or removing features, modifying the user interface, adjusting service fees, changing terms of service, etc.
The Platform is not responsible for any direct or indirect losses caused by service modifications, suspensions, or terminations, unless otherwise provided by applicable laws and regulations. The Platform will make reasonable efforts to notify users in advance of any significant service changes but does not guarantee to be able to do so.
Article 7: Service Fees
The Service may provide free and paid features. Specific service fees and payment methods will be explained separately on the relevant page or agreement. The Platform reserves the right to adjust service fees at any time.
If you purchase paid services, you agree to pay fees in accordance with the prices and methods specified on the relevant page or agreement. Unless otherwise provided by applicable laws and regulations or otherwise committed by the Platform, paid fees are non-refundable.
CHAPTER THREE: USER ACCOUNTS
Article 8: User Eligibility
You must be at least 18 years old and have full civil capacity to use the Service. By using the Service, you confirm that:
- You are at least 18 years old
- You have full civil capacity
- You have the right and ability to enter into these Terms and comply with their provisions
- Your use of the Service will not violate any applicable laws and regulations
Article 9: Account Registration
To use all features of the Service, you need to register an account. During the registration process, you agree to:
- Provide true, accurate, complete, and up-to-date registration information
- Update your registration information in a timely manner to keep it true, accurate, complete, and up-to-date
- Be responsible for the truthfulness and accuracy of all information you provide
- Not impersonate others or use false information to register
- Not use usernames that may infringe on others' rights or are inappropriate
Article 10: Account Security
You are responsible for properly safeguarding your account information, including but not limited to your username and password. You agree to:
- Not disclose or share account information with others
- Not use others' accounts
- Set a password of sufficient strength and change it regularly
- Immediately notify the Platform if you discover that your account has been used without authorization or if there are other security issues
- Be responsible for all activities under your account, whether or not performed by you
The Platform is not responsible for any loss or damage caused by your failure to properly safeguard account information.
Article 11: Account Termination
You can apply to cancel your account at any time. After the account is cancelled, you will no longer be able to use the Service, and your account information and data may be deleted.
The Platform reserves the right to suspend or terminate your account in the following circumstances:
- You violate any provision of these Terms
- Your account is suspected of engaging in illegal activities
- Your account has been inactive for a long time
- The Platform deems it necessary to protect the interests of the Service, other users, or the public
- Based on legal or regulatory requirements
CHAPTER FOUR: USER CONDUCT STANDARDS
Article 12: General Conduct Standards
When using the Service, you agree to comply with the following conduct standards:
- Comply with all applicable laws and regulations
- Comply with these Terms and other rules and policies published by the Platform
- Respect the legitimate rights and interests of other users
- Use the Service honestly and in good faith
- Do not harm the interests of the Platform or other users
Article 13: Prohibited Conduct
When using the Service, you must not engage in any of the following conduct:
13.1 Illegal Conduct
- Engage in any illegal or criminal activities
- Publish or disseminate illegal information
- Infringe on the legitimate rights and interests of others
- Evade or attempt to evade any laws and regulations
13.2 Harmful Content
- Publish violent, threatening, intimidating, harassing, or hateful content
- Publish obscene, pornographic, or inappropriate adult content
- Publish discriminatory content
- Publish false information or misleading content
- Publish content that infringes on others' privacy
- Publish any content that may be harmful to minors
13.3 Infringing Conduct
- Infringe on others' intellectual property rights
- Infringe on others' privacy rights or other personal rights
- Impersonate others or falsely represent your relationship with others
- Use others' trademarks, brands, or logos without authorization
13.4 Technical Abuse
- Damage, interfere with, or attempt to damage or interfere with the normal operation of the Service
- Use any automated programs, scripts, or other means to access the Service unless expressly authorized by the Platform
- Attempt unauthorized access to any part of the Service or systems
- Spread viruses, malware, or other harmful programs
- Engage in any conduct that may place an unreasonable burden on the Service infrastructure
- Circumvent, disable, or otherwise interfere with security-related features of the Service
13.5 Commercial Abuse
- Use the Service for commercial purposes without authorization from the Platform
- Publish advertisements, spam, or other unsolicited commercial information
- Resell or transfer your account or any part of the Service
- Use the Service to collect information about other users for commercial purposes
Article 14: Content Responsibility
You are fully responsible for all content you publish or transmit through the Service. The Platform does not pre-review user-posted content but reserves the right to delete or restrict any content that violates laws, regulations, or these Terms.
If you find that content posted by other users violates these Terms or laws and regulations, please report it to the Platform promptly.
CHAPTER FIVE: INTELLECTUAL PROPERTY
Article 15: Intellectual Property of the Platform
The Service and all related content, including but not limited to software, technology, programs, web pages, text, images, audio, video, charts, layout designs, electronic documents, etc., as well as the Platform's trademarks, logos, and brand names, are owned by the Platform or its licensors and are protected by applicable laws and regulations.
Without the prior written consent of the Platform, you may not use, copy, modify, transmit, distribute, publish, create derivative works, or otherwise exploit the above content in any way, except to the extent expressly permitted by these Terms or with explicit authorization from the relevant rights holder.
Article 16: Intellectual Property of User Content
The intellectual property of content you publish or transmit through the Service belongs to you or the original rights holder. However, to provide the Service to you and other users, you agree to grant the Platform a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, modify, translate, distribute, display, and create derivative works based on your content, but only to the extent necessary to operate and improve the Service.
You represent and warrant that you own or have obtained all necessary rights, licenses, and consents to publish the relevant content, and that the content you publish does not infringe on any third party's intellectual property or other rights.
Article 17: Intellectual Property of AI-Generated Content
Regarding the intellectual property of AI-generated content (including but not limited to mediation suggestions, fact drafts, resolution reports, etc.), you understand and agree:
- AI-generated content is automatically generated based on the input content you provide
- The Platform makes no warranty as to the originality, accuracy, or applicability of AI-generated content
- You may use AI-generated content within the scope permitted by law, but should exercise caution in judging its applicability
- The Platform reserves intellectual property rights in the relevant technologies and methods for AI-generated content
CHAPTER SIX: DISCLAIMERS
Article 18: Service Provision Disclaimer
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the maximum extent permitted by applicable laws and regulations, the Platform expressly disclaims all express or implied warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- That the Service will be uninterrupted, timely, secure, or error-free
- That results obtained through the Service will be accurate or reliable
- That the Service will meet your specific needs or expectations
- That any errors in the Service will be corrected
Article 19: AI Content Disclaimer
You understand and agree:
- AI-generated content is for reference only and does not constitute professional advice
- AI technology has inherent limitations, and generated content may contain errors, biases, or inaccuracies
- The Platform makes no warranty as to the accuracy, completeness, reliability, timeliness, or applicability of AI-generated content
- You should independently judge AI-generated content and assume full responsibility for any decisions or actions based on that content
- The Platform is not responsible for any loss or damage resulting from your reliance on AI-generated content
Article 20: Third-Party Services and Links Disclaimer
The Service may contain links to third-party websites, applications, or services, or use services provided by third parties. These third-party services are not under the control of the Platform, and the Platform:
- Is not responsible for the content, privacy policies, terms of service, or practices of third-party services
- Makes no warranty as to the availability, accuracy, or reliability of third-party services
- Is not responsible for any loss or damage resulting from your use of third-party services
Article 21: Limitation of Liability
To the maximum extent permitted by applicable laws and regulations:
- The Platform is not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, whether foreseeable or not, whether based on contract, tort (including negligence), strict liability, or any other legal theory.
- The Platform's total liability for any loss or damage resulting from your use of or inability to use the Service shall not exceed the total fees you paid to the Platform in the 12 months preceding the claim, or $100 or equivalent currency if you have not paid any fees.
The above limitations of liability apply to any claims based on these Terms or the Service, including but not limited to contract claims, tort claims, and statutory claims. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, the above limitations will apply to the maximum extent permitted by applicable laws and regulations.
CHAPTER SEVEN: INDEMNIFICATION
Article 22: User Indemnification
You agree to indemnify, defend, and hold harmless the Platform and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of:
- Your violation of any provision of these Terms
- Your violation of any applicable laws and regulations
- Your infringement of any third party's rights, including but not limited to intellectual property rights, privacy rights, or other rights
- Any content you publish or transmit through the Service
- Any of your conduct in using the Service
CHAPTER EIGHT: PRIVACY PROTECTION
Article 23: Privacy Policy
Your privacy is very important to us. For how the Platform collects, uses, stores, and protects your personal information, please refer to our Privacy Policy. The Privacy Policy is an integral part of these Terms, and your use of the Service indicates your agreement to the terms of the Privacy Policy.
CHAPTER NINE: APPLICABLE LAW AND DISPUTE RESOLUTION
Article 24: Applicable Law
The formation, validity, interpretation, performance, and resolution of disputes under these Terms shall be governed by applicable laws and regulations. If you use the Service in different jurisdictions, you should ensure that you comply with the applicable laws and regulations of your region.
Article 25: Dispute Resolution
If any dispute arises between you and the Platform, both parties should first attempt to resolve it through amicable negotiation. If the dispute cannot be resolved through negotiation, either party may seek legal remedies for dispute resolution in accordance with applicable laws and regulations.
During the dispute resolution process, except for the disputed matter, you should continue to fulfill your other obligations under these Terms.
Article 26: Severability
If any provision of these Terms is found by a court or arbitration body of competent jurisdiction to be invalid, unenforceable, or illegal, that provision shall be modified or deleted to the minimum extent necessary to make it valid, enforceable, and legal, while preserving its original intent as much as possible. The remaining provisions of these Terms shall remain in full force and effect.
CHAPTER TEN: MISCELLANEOUS PROVISIONS
Article 27: Entire Agreement
These Terms, together with the Privacy Policy and other rules and policies published by the Platform, constitute the entire agreement between you and the Platform regarding the Service, superseding any prior oral or written agreements, understandings, or arrangements between you and the Platform on the same subject matter.
Article 28: Waiver of Rights
The Platform's failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Platform to be effective.
Article 29: Assignment
You may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Platform. The Platform may assign or transfer rights or obligations under these Terms to any third party without notifying you or obtaining your consent. Any assignment in violation of this provision is void.
Article 30: Force Majeure
The Platform is not responsible for any delay or failure to perform caused by force majeure or other causes beyond the Platform's reasonable control, including but not limited to natural disasters, war, terrorist attacks, riots, embargoes, government actions, epidemics, cyberattacks, power failures, telecommunications failures, or any other unforeseeable circumstances.
Article 31: Notices
The Platform may send you notices by: posting announcements within the Service, sending emails to the email address you provided during registration, or contacting you through other contact information you provided during registration. You should ensure that the contact information you provide is accurate and up-to-date.
Article 32: Headings
The headings in these Terms are for convenience of reading only and do not affect the interpretation of any provision of these Terms.
Article 33: Language
These Terms are provided in both Chinese and English. In the event of any inconsistency or ambiguity between the two versions, the Chinese version shall prevail.
CHAPTER ELEVEN: CONTACT US
Article 34: Contact Information
If you have any questions, comments, suggestions, or complaints about these Terms, please contact us through the following methods:
Email: support@hehaoya.live
We will try our best to respond to your inquiry in a timely manner.
