iHuman User Service Agreement
Effective date: April 30, 2020
Preamble
The iHuman User Service Agreement (as amended from time to time) (hereinafter referred to as "this Agreement") is applicable to the online children education products and/or services provided to Users overseas (including registered and non-registered Users and excluding Users located in mainland China, hereinafter referred to as "You") by Human and Perfect Future Education Co., Ltd. (registered address: Room 2B15, Building 29, No. 89 Heyuan Avenue, Jing-Jin Technology Valley Industrial Park, Wuqing District, Tianjin City; contact address: Building K2, North America Business Center, B No.108 Beiyuan Road, Chaoyang District, Beijing City, hereinafter referred to “We”, “Our” or “Us”), including but not limited to the products and/or services provided to and updated for You and/or Your Child by Us through iHuman Children Apps (see Definition of Key Words for details), official websites https://www.ihuman.com (hereinafter referred to as “Official Websites”) and other products and/or services provided by Us which may be updated from time to time (hereinafter referred to as “iHuman Products and/or Services”).
Your consent to the terms and conditions of this Agreement constitutes the prerequisite for You and/or Your Child to use iHuman Products and/or Services and therefore You shall read all the terms and conditions of this Agreement carefully before using any of the iHuman Products and/or Services. This Agreement is formed between You and Us, and You are responsible for the compliance of Your Child with the terms and conditions of this Agreement.
This Agreement is applicable to all iHuman Products and/or Services which are described in Section 1 Description of Service. This Agreement consists of two parts: (I) the General Terms; and (II) the Special Terms which are set forth in the Jurisdiction Schedule. Please note that the Special Terms, forming part of this Agreement, contain terms and conditions which are specific to the relevant jurisdictions in which iHuman Products and/or Services are being made available. For the avoidance of doubt, the terms and conditions in the Special Terms shall apply specifically only to the Users who are using iHuman Products and/or Services in the corresponding jurisdictions. In the event that there is any inconsistency between the General Terms and the Special Terms, the Special Terms shall prevail to the extent necessary to resolve such inconsistency.
Since there are a great variety of iHuman Products and/or Services, We may also provide specific user service agreements (hereinafter referred to as “Specific Agreement”) for specific products and/or services in order to explain the specific iHuman Products and/or Services to You in detail. In addition, each iHuman product also contains specific rules for its services/functions of the product (hereinafter referred to as “Specific Product Rules”), including but not limited to operating instructions as amended from time to time.
The use of iHuman Products and/or Services by You and/or Your Child (including download, installation, startup, browse, registration, login, use, subscription, paying for use, etc.) (hereinafter referred to as “Using Behavior”) constitutes Your agreement to this Agreement and/or the Specific Agreements and/or the Specific Product Rules, and if You do not accept this Agreement and/or the Specific Agreements and/or the Specific Product Rules, You and/or Your Child shall not use any of the iHuman Products and/or Services.
Any Specific Agreements and/or Specific Product Rules that are displayed separately shall have the same legal effect as this Agreement. In the event of any conflict between the Specific Agreements and/or Specific Product Rules and this Agreement, the Specific Agreements and/or Specific Product Rules shall prevail to the extent necessary to resolve such inconsistency. Any matters not stipulated in Specific Agreements and/or Specific Product Rules shall be subject to this Agreement.
Any User who has not created an account with Us would automatically become a non-registered User of iHuman Products and/or Services from the moment the iHuman Products and/or Services are downloaded or installed to Your device, and shall abide by all terms other than the terms and conditions related to registered Users.
This Agreement contains important terms related to children. For a Child User, We provide iHuman Products and/or Services only after his/her guardian has fully read and agreed to this Agreement. Please also read the iHuman Guidelines on Children’s Privacy Protection carefully. A Child shall not use any of iHuman Products and/or Services without Your permission. Any use of iHuman Products and/or Services by a Child shall be deemed to have been permitted by his/her guardian.
If You and/or Your Child continue(s) using iHuman Products and/or Services after this Agreement and/or the Specific Agreements and/or the Specific Product Rules have been updated, You shall be deemed to have agreed to be bound by the updated version thereof. If You do not agree to the updated version, You and/or Your Child shall cease using iHuman Products and/or Services, or You can use the versions of iHuman Products and/or Services that have not been updated but only to the extent permitted by technology. When You and/or Your Child stops using iHuman Products and/or Services, You can contact Us in the manner as described in Section 13 hereof if You need Us to assist You in resolving any issues you may have in connection with the cancellation.
If You have any question or comment regarding this Agreement, please contact Us in the manner as described in Section 13 and We will reply to You as soon as possible.
Table of Content
5 Points, Level and Virtual Property
7 Protection of Users’ Personal Information
9 Change and Termination of Agreement
II SPECIAL TERMS——JURISDICTION SCHEDULE
Please note that, for easy access, You may click on the relevant link above to be directed to a particular section, but We recommend You could read this Agreement in full to ensure You are fully informed.
1.1 For the purpose of this Agreement, the iHuman Products and/or Services include: (1) products and/or services of iHuman Children Apps on mobile clients; (2) the Official Websites which provide descriptions and methods to download products and/or services of iHuman Children Apps; (3) any software relating to the products and/or services mentioned in (1) and (2); and (4) other iHuman children education products and/or services provided to You and/or Your Child by Us from time to time.
The mobile clients on which the products and/or services of iHuman Children Apps can be downloaded and used include but are not limited to: smartphones, PCs, tablet PCs, smartwatches, smart large screens, and smart speakers.
1.2 We provide You and/or Your Child with the following Products and/or Services of iHuman Children Apps: iHuman Chinese, iHuman Story, iHuman Books, Magic Math Academy, English World, iHuman Pinyin etc., please click here for details. For a detailed description and display of varieties of Products and/or Services of iHuman Children Apps, please visit iHuman Children Apps clients.
1.3 The official iHuman Children Apps are available in app stores such as Apple App Store and Google Play platforms, please click here for details. The aforementioned platforms are the only authorized channels to download and access iHuman Children Apps. We will not recognize the validity of any products and/or services that You and/or Your Child has obtained through any other channels, and We shall have the right to refuse to provide services to end Users of such products and/or services. All risks and liabilities arising therefrom shall be assumed by You. If You and/or Your Child is not able to determine whether a particular channel is authorized or whether a particular product and/or service is iHuman Products and/or Services, You may contact Us in the manner as described in Section 13 for confirmation.
1.4 You and/or Your Child shall only use Products and/or Services of iHuman Children Apps in iHuman Children Apps, and any content separated from Products and/or Services of iHuman Children Apps by malicious and illegal means shall not be deemed as iHuman Products and/or Services agreed herein. All the legal consequences arising therefrom shall be borne and assumed by the doer, and We will investigate the legal responsibility of the doer in accordance with the Applicable Laws.
1.5 You and/or Your Child are licensed to use Products and/or Services of iHuman Children Apps and/or obtain the following contents derived from using Products and/or Services of iHuman Children Apps (hereinafter referred to as the “Derivative Content”) through iHuman Account during the term of this Agreement; however, You do not have any ownership right in the same (except for Derivative Content that has been exchanged for/delivered to You in tangible goods, such as certain amount of points that can be exchanged for gifts for purpose of motivating Your Child to learn, in such case You are entitled to the ownership of such Derivative Content):
(1) Learning/reading report;
(2) Contents downloaded;
(3) Contents collected;
(4) Points;
(5) Points for goods;
(6) Other contents.
You understand and agree that the ownership and intellectual property rights of iHuman Products and/or Services and/or Derivative Content thereof shall be vested in iHuman. We authorize You and/or Your Child to use the above iHuman Products and/or Services and the Derivative Content thereof in accordance with Specific Agreements and/or the Specific Product Rules, etc. However, We disclaim any form of liability for any problems arising from Your and/or Your Child’s use of iHuman Products and/or Services and/or the Derivative Content thereof. We have the right, at Our sole discretion, to notify You and/or Your Child to cancel or withdraw any of the above iHuman Products and/or Services and/or the Derivative Content thereof, without Your prior consent.
1.6 We reserve the right to withdraw or amend any of Our Products and/or Services in Our sole discretion without notice. We will not be liable if for any reason all or any part of iHuman Products and/or Services is unavailable at any time or for any period. From time to time, We may restrict all or parts of Users’ access to some parts of or the entire iHuman Products and/or Services.
1.7 You and/or Your Child may access services provided by third parties (such as third-party payment instruments and other third-party SDK, etc.) when using iHuman Products and/or Services. You understand and agree that We shall not be responsible for any liabilities arising out of or in connection with any third-party products and/or services, except as otherwise provided by the Applicable Laws. You are kindly reminded to carefully read the user service agreement, privacy policy and other agreements from the third parties before using any of the products and/or services of their parties.
2.1 Account Registration
To access iHuman Children Apps or some of the resources We offer, unless you log in through your Facebook account, You will be asked to register an iHuman Account via an email you select yourself as an oversea User.
It is a condition of Your use of Our services that the information You provide on the iHuman Children Apps shall be correct, current, and complete, and does not contain any content that violates the Applicable Laws, social customs, or infringes any rights or interests of Us and others. You agree that all information You provide to register with the iHuman Children Apps is governed by the iHuman Privacy Policy, and You agree to all actions We take with respect to Your information consistent with the iHuman Privacy Policy.
If You choose, or are provided with, a username, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the iHuman Children Apps using Your username, password, or other security information. You shall be responsible for all actions taken under Your account. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other action that may cause breach of security.
We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time at Our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of this Agreement.
You understand and agree that the only legal way to obtain an iHuman Account is to register through iHuman Children Apps downloaded from Our official channels. We do not guarantee the legitimacy or the function of any iHuman Account obtained through unauthorized channels or methods (including but not limited to purchasing, leasing, borrowing, sharing from a third party or from maliciously exploiting or destroying iHuman Registration System), and You shall bear full responsibility for any deletion, cancellation, reset and suspension of the account arising therefrom.
2.2 Account Management
Existing Users can log in through an email or Facebook account, while new Users can only log in through a registered email account. Regardless of the login method, You understand and agree that You must provide Us with Your email address in order to verify your account. It is recommended that You add more complete personal information (e.g., account nickname, head portrait, etc.) and Child profiles (e.g., Child’s head portrait, nickname, birthday, gender, etc.) to Your personal account information, so as for Us to provide You and/or Your Child with more personalized and high-quality services. You should timely update the information above in case of any changes. You are not allowed to register any iHuman Account by using false information, impersonating someone else or using someone else’s email address for registering Your iHuman Account. In case that You violate the above representations, We reserve the right to terminate the provision of all Products and/or Services of iHuman Children Apps to You and/or Your Child, and to take certain actions regarding Your account such as giving You a warning, restricting or prohibiting the use of any or all of the functions of iHuman Account, terminating the Account, and deleting the information related to the Account. We do not take any responsibility for any loss arising from Your failure in providing true and correct information or updating the information in a timely manner.
You understand and agree that You can only register one iHuman Account when You register with an email for iHuman Children Apps. If You have successfully registered an account for a certain iHuman Children App with an email, You may choose to log in to other iHuman Children Apps with the same email address. Although it is possible to log in to all iHuman Children Apps with the same email address, the account data of different iHuman Children Apps cannot be intercommunicated.
Similarly, when You log in to iHuman Children Apps through a user account with a third-party software/platform, We will treat the account binding with same third-party software/platform and the account that You log in to other ihuman Children Apps as one.
You understand and agree that the registration information submitted or created by you, such as nickname and head portrait shall not contain any content that violates the Applicable Laws, social customs or infringes upon the rights and interests of Us or others. We have the right to review the legality of the registration information submitted by You, and We have the right to deny Your registration. If an account has been registered, or if the registration information submitted by You is illegal or undesirable, We have the right to take measures such as giving You a warning, requesting for correction within a time limit, and suspending or permanently terminating the account without notice, and all the responsibilities and liabilities arising therefrom shall be borne and assumed by You.
You understand and agree that You will not maliciously register iHuman Account by any means (including but not limited to maliciously registering with invalid email address of others, etc.) or use iHuman Account for illegal activities, disrupting, harassing, deceiving other Users and other acts in violation of this Agreement. We have the right to take measures against Your violation such as giving You a warning, requesting for correction within a time limit, and suspending or permanently terminating your account, etc. without notice. All the responsibilities and liabilities arising therefrom shall be borne and assumed by You. Subject to the Applicable Laws, We may also have the right to report such acts to law enforcement or regulatory authorities.
2.3 Custody of Account
You understand and agree that the ownership of the iHuman Account is vested in Us and that You and/or Your Child only has limited access to the iHuman Account. You shall take responsibility for all actions taken under the account to which You have access, and You shall keep the iHuman Account and password secure, and shall not give, transfer, lend, lease, sell, share or use the account with others, or engage in any monetary transaction. Otherwise, We have the right to take measures against Your violation such as giving warning, requesting for correction within a time limit, and suspending or permanently terminating Your account without notice according to the actual situations, and all the responsibilities and liabilities arising therefrom shall be borne and assumed by You.
If You and/or Your Child finds that Your account and/or password has been stolen or has been used in an unusual and illegal manner by a third party, You shall immediately notify Us in the manner as described in Section 13 hereof; otherwise all actions under Your account will be deemed as Your own acts. When You contact Us, You should provide us with Your true and valid identity documents to prove You are a registered User. If the materials You provide are untrue or do not meet the requirements, You may fail to pass the account security verification, which will cause that the account cannot be retrieved and the relevant risks and losses arising therefrom will be borne and assumed by You.
In order to safeguard the security of Your account, We may verify Your account on a regular or irregular basis in different manners, including but not limited to requiring a verification code. If You fail to complete the verification or refuse the verification, We may reasonably assume that Your account is abnormal or stolen and may suspend the provision of any services to You and take further security measures. If You believe that Your account is normal, please contact Us immediately in the manner as described in Section 13 hereof. When You contact Us, You should provide Us with Your true and valid identity documents to prove You are a registered User. We will verify and resolve the issue in a timely manner so as not to affect Your and/or Your Child’s use of Products and/or Services of iHuman Children Apps.
2.4 Cancellation of Account
You have the right to cancel Your iHuman Account. You can contact Our Customer Service Center to cancel iHuman Account (except as otherwise provided by the Applicable Laws or as otherwise agreed in this Agreement). Please note that the cancellation of an account is irreversible, and that, once You cancel the account:
(1) You will not be able to log in the cancelled iHuman Account or use any of the Products and/or Services of iHuman Children Apps thereunder (but You may browse as an unregistered User);
(2) You are deemed to have voluntarily waived all Your existing rights and interests in the account (including but not limited to Your right to use subscribed contents without any limitation on duration, such as subscribed permanent literacy packages, reading packages, etc.). We cannot help You retrieve any content or information related to Your iHuman Account, such as Your personal information and usage records stored at iHuman Account (including, but not limited to, nicknames, head portraits, etc.). You cannot continue using the services You have subscribed or purchased previously even if You register a new iHuman Account. Please proceed with caution. You are recommended to back up all the information and data relating to the account before the cancelation.
Your iHuman Account shall meet the following conditions in order to be cancelled:
(1) Your iHuman Account is not associated with any dispute;
(2) There is no outstanding charge or issue with Your iHuman Account;
(3) Your iHuman Account must be unbound from any third-party account. You can contact Our Customer Service Center for details of unbinding in the manner as described in Section 13.
If Your iHuman Account is associated with any dispute, including, but not limited to, complaint, whistle-blowing, litigation, arbitration, investigation by any government agencies or authorities, etc. after You submit the request of account cancellation, We have the right to suspend or terminate the cancellation process without Your prior consent.
Please note that Your cancellation of iHuman Account shall not release You from any liability arising out of or in connection with Your use of the Account prior to the cancellation.
3.1 Users’ Rights
You and/or Your Child may only use iHuman Products and/or Services to the extent expressly authorized by this Agreement and by Us. During the use of iHuman Products and/or Services, You and/or Your Child has the right:
3.1.1 To use iHuman Products and/or Services according to the terms and conditions of this Agreement and provide Us with comments and suggestions related to iHuman Products and/or Services at any time, so as to help Us provide better services to You. In addition, subject to actual function of iHuman Products and/or Services and Our privacy practices, You may post relevant product content on other third-party platforms such as Facebook or Wechat as you would like to choose. You may contact Us for feedback in the manner as described in Section 13 hereof if You have any questions or are unsatisfied, and We will reply to You as soon as possible.
To upload the original or licensed (including sub-licensed) picture as a head portrait and upload the voice contents required by the course, to the extent permitted by Us, according to terms and conditions of this Agreement. Neither shall You and/or Your Child upload any contents that contain advertising or other commercial information, nor any contents (1) in violation of the Applicable Laws; (2) going against the good custom; (2) infringing Our or any third party’s intellectual property rights and other interests; (3) defaming others, involving sexual harassment and racial discrimination or harmful to minors; (4) containing virus that may damage the computer system of iHuman or any others; and (5) other inappropriate contents.
In case that the contents that You and/or Your Child uploaded are suspected of involving illegal, infringing, or otherwise unpermitted contents, We may take measures such as rejecting the upload by You and/or Your Child, directly blocking and/or deleting relevant information, etc. without prior notice. All adverse consequences arising from the above circumstances shall be borne and assumed by You. We will not take responsibility for all losses caused by Your and/or Your Child’s violation of the Applicable Laws. If any adverse consequences are caused by You and/or Your Child, You should be responsible for eliminating the impact and compensating Us for all losses arising therefrom, including but not limited to the property damages, indemnity for defamation, counsel fees, transportation fees and other reasonable fees We incurred from the protection of Our rights .
You understand and agree that We have the right to store the contents You and/or Your Child uploads. You hereby authorize Us to reasonably access and use the contents You and/or You Child uploads for purposes including but not limited to product analysis. You understand and agree that We reserve the right to delete any contents that You and/or Your Child uploads if such contents expire or violate the Applicable Laws, and We will not assume any responsibility if such deletion has an impact on You and/or Your Child. You are kindly reminded that any content You and/or Your Child uploads shall be backed up by You if such contents are very important to you, so as not to cause unnecessary loss to You.
3.1.2 You and/or Your Child can consult Us about iHuman Products and/or Services and is entitled to Our reasonable technical supports for iHuman Products and/or Services, provided that such consultation or supporting obligations do not exceed what We can reasonably afford.
3.2 Obligations of Users
3.2.1 You understand and agree that You shall bear any and all uplink and downlink communication and traffic charges occurred from Your and/or Your Child’s use of iHuman Products and/or Services when accessing or using iHuman Products and/or Services, and the communication fees in question will be charged directly by network operators. You can set the network configuration via the settings page of iHuman Children Apps.
3.2.2 You understand and agree to abide by the terms and conditions of this Agreement, and review regularly and comply with all terms and conditions published and/or updated by iHuman Children Apps.
3.2.3 You understand and agree that part of Products and/or Services of iHuman Children Apps are subscribed services and shall be paid according to terms and conditions of this Agreement and the Specific Product Rules.
3.2.4 You understand and agree that, during the use of iHuman Products and/or Services, You and/or Your Child shall comply with the Applicable Laws; and shall observe public order, respect social morality, and shall not endanger network security or use the Internet to engage in illegal activities. In the event that We reasonably believe that You have violated any Applicable Laws, We may terminate the iHuman Products and/or Services to You without notice.
3.2.5 You understand and agree that You and/or Your Child shall not engage in any of the following activities during the use of iHuman Products and/or Services:
(1) Upload, transmit and spread any content violating any Applicable Laws;
(2) Harm minors in any way;
(3) Impersonate any person or body, or falsely state or mislead any person, to believe that he or she is related to or affiliated with any person or institution;
(4) Falsify or otherwise manipulate the learning materials in such a way that it is mistaken for being transmitted by us;
(5) Upload as a head portrait, post, email to Our published email address or otherwise transmit unlicensed contents (e.g. internal information, confidential information);
(6) Upload as a head portrait, email to Our published email address or otherwise transmit any content that infringes upon the patent, trademark, copyright, trade secret or other exclusive right of any person;
(7) Upload as a head portrait, email to Our published email address or otherwise transmit advertising letters, promotional materials, "junk mail" and so on;
(8) Upload as a head portrait, email to Our published email address or otherwise transmit the information about software viruses or other computer code, files, and programs that interfere with, damage, or restrict the functionality of any computer software, hardware, or communication device;
(9) Track or otherwise harass others, e.g. illegally invading others’ networks, interfering with the normal functions of others’ networks, stealing network data and perform other acts endangering network security;
(10) Provide others with programs and tools used for network intrusion, interference with normal network functions and protective measures, stealing network data, and conducting other activities endangering network security, or provide technical support, advertising promotion, payment and settlement and other assistance to others who are known having engaged in activities endangering network security;
(11) Interfere with or disrupt iHuman Products and/or Services or servers and networks connected to iHuman Products and/or Services, or fail to comply with the terms and conditions hereof;
(12) Reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of iHuman Products and/or Services;
(13) Violate any Applicable Laws, regulations, rules, terms and other legally effective norms in an intentional or unintentional manner;
(14) Use any manual process to monitor or copy any of iHuman Products and/or Services, or for any other purpose not expressly authorized in this Agreement, without Our prior written consent.
(15) Use any device, software, or routine that interferes with the proper working of iHuman Products and/or Services.
(16) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(17) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of iHuman Products and/or Services.
3.2.6 You understand and agree that subject to the Applicable Laws, Your and/or Your Child’s violations of the Applicable Laws and this Agreement, and infringement of Our or other third-party’s rights and interests will be recorded by Our device at backstage office and may be submitted to the relevant government authorities as an evidence.
4.1 When providing Products and/or Services of iHuman Children Apps to you, We will charge You (if You are registered Users) fees for the subscribed services. The specific subscribed service of each iHuman Children App is listed in such iHuman Children App. If You do not agree to pay such fees, You will not be able to use the subscribed services.
4.2 We establish different rate standards depending on the service types and subscription period of iHuman Products and/or Services and may adjust the rates from time to time at Our sole discretion. For details, please refer to the rate standards published by iHuman Children Apps.
Please note that the fees for different Products and/or Services of iHuman Children Apps may vary due to different pricing policies of different App stores, and the fees for the same Products and/or Services of iHuman Children Apps may also vary with App stores. Therefore, the payment shall be subjected to the price published in the region in which the App store is located when You download any iHuman Children App from such App store. You are further kindly reminded that Apple App Store may automatically deduct fees from Your App account according to its policies. Therefore, please carefully read the policies of Apple App Store. If You want to disable the automatic fee deduction function, please follow the relevant policies and subscription rules of Apple App Store or contact Apple Inc. directly.
4.3 You understand and agree that Your payment for the aforesaid services includes payment to Us via a third-party payment SDK (such as Apple Pay, Google Pay, etc.) that We have access to, and certainly, You can complete payment through third-party App stores such as Apple App Store. For any payment SDK that have been upgraded, We will timely update the payment rules on the payment page and notify You of the update, for which the details shall be subject to payment rules published and displayed by iHuman Children Apps.
4.4 You can purchase the virtual property (“Hongdou”) that is commonly used in iHuman Story by cash, at the price established in iHuman Story. The subscribed services in iHuman Story can be purchased using “Hongdous.”
Users who buy/otherwise obtain “Hongdous” can reload the account of iHuman Story using “Hongdous”. Subject to the Applicable Laws, We encourage and recommend You to consume your “Hongdou” (if any) that You have obtained as much as possible and to make payment primarily through third-party payment vendors. We reserve the right to stop the sale, distribution and use of “Hongdous” in accordance with the Applicable Laws.
4.5 You understand and agree that any possible commercial risks arising from the use of third-party payment methods (including, but not limited to, input error of transaction information, illegal activities conducted by lawbreakers using the valued cards such as Your account or bank card, etc.) may cause economic losses to You. We shall not be liable for any of the aforesaid risks and losses caused to You as long as We fully perform Our obligations under the terms and conditions of this Agreement and comply with the Applicable Laws. You are kindly reminded to carefully read the user service agreement, privacy policy and other legal documents of the third parties before using their services.
4.6 You may contact Us for cancellation of membership subscriptions and other subscribed services in the manner as described in Section 13 hereof. You understand and agree that, if You have made payment in accordance with the rates published and actually displayed in iHuman Children Apps, We will not be able to refund the amount You have paid, even if You subsequently cancel Your membership subscription or other subscribed services, regardless of the request of cancellation or refund is raised within the validity period of Your paid subscription. However, if You make payment by using the automatic fee deduction function of Apple App Store, You need to cancel the subscription service through Apple Store and/or obtain refund in accordance with the Refund Policy of Apple App Store.
5.1 You understand and agree that some iHuman Children Apps provide points, level and virtual property services to Users. You acknowledge and agree to the rules for the points, level and virtual property which are published and displayed in certain iHuman Children Apps and may be amended from time to time at Our sole discretion.
5.2 You and/or Your Child can earn points by completing tasks set up in the iHuman Children Apps. You and/or Your Child may use points to obtain permission to access to certain software, products and/or services (e.g. in exchange for stories, app store vouchers, etc.), acquire discounts for certain Products and/or Services of iHuman Children Apps, or exchange for certain products within iHuman Story App. Please note that points of iHuman Story App cannot be exchanged for real money or “Hongdou” Specific content regarding acquisition of points and permission shall be subject to the rules set out in in each iHuman Children App.
You and/or Your Child can be granted and then upgraded to a level and/or a number of medals by completing tasks set up in the iHuman Children Apps. You and/or Your Child can save Your level and/or medals to a local photo album.
You understand and agree that points, level and “Hongdou” shall only be consumed and used in accordance with this Agreement and Specific Products Rules stated in iHuman Children Apps. You and/or Your Child shall not engage in trading, substitution, mortgage or other commercial activities other than permissible use set forth in this Agreement and the Specific Products Rules. You and/or Your Child shall obtain points, level and “Hongdou” through a normal process, and any points, level and “Hongdou” obtained through unofficial channels or by irregular means shall not have any legal effect. In case of any of the circumstances mentioned above, We have the right to take measures such as giving You a warning, requesting for correction within a time limit, and suspending or permanently terminating Your account, deducting or clearing the points, level and “Hongdou” under the account without notice, and all consequences arising therefrom shall be borne and assumed by You.
6.1 Unless otherwise agreed or stated by Us, all contents (except for the content that You have copyrighted under the Applicable Laws) of iHuman Children Apps including technology, software, programs, data and other information (including, but not limited to, text, images, pictures, photographs, audio, video, graphs, colors, layout, electronic documents) and all intellectual property rights (including but not limited to copyright, trademark, patent, trade secret, etc.) and related rights and interests in the content created, collated or otherwise generated by Us (e.g. artificial intelligence) shall be owned by Us. You acknowledge and agree that Your and/or Your Child’s use of Our Products and/or Services will not cause any transfer of rights in terms of any intellectual property rights and related interests owned by us.
Without Our authorization, You shall not use (including but not limited to copying, disseminating, displaying, mirroring, uploading, downloading, modifying, leasing, operating through any robot, spider or other program or device, etc.),modify, adapt or translate the software, technology or materials used by iHuman Products and/or Services, or create products or derivatives relating to iHuman Products and/or Services, or use part of or all iHuman Products and/or Services to provide them to any third party, or obtain source code of iHuman Products and/or Services through reverse engineering, decompilation, disassembly or other similar actions; otherwise, We have the right to hold You liable for any losses caused to Us or others, and to report the above actions to the law enforcement or regulatory authorities as appropriate.
You and/or Your children shall not use, delete without permission, cover up or alter any of Our business logos including but not limited to the logo “iHuman” under any circumstances (including the text, graph and combination of Our and affiliated company’s logo, “iHuman”, “iHuman Children Apps”, “iHuman Story”, “iHuman Chinese” “iHuman Books”, “Magic Math Academy”, “iHuman Pinyin”, and the name of other logos, signs, Products and/or Services), service marks, trade names, domain names, website names or other distinctive brand characteristics (hereinafter referred to as “Logos”). Without Our prior written consent, You and/or Your Child shall not display, use or apply for the registration of trademarks, domain names, etc. individually or in combination with any ways, nor shall You express or imply to others that You have the right to display, use, or otherwise have the right to dispose of such Logos, nor shall You engage in any other acts that would mislead others to believe that You and/or Your Child are associated with such Logos. You shall be held fully liable for any loss or damage caused to Us or others by You and/or Your Child as a result of the use of such Logos in violation of this Agreement.
We authorize You and/or Your Child the revocable, limited, non-transferable, and non-exclusive access to iHuman Children Apps that You and/or Your Child need to download while using iHuman Products and/or Services. You and/or Your Child may use the software only for the purpose of accessing/using iHuman Products and/or Services.
6.2 You shall guarantee that the images, audio and other content (hereinafter referred to as “Licensed Content”) uploaded by You and/or Your Child while using iHuman Products and/or Services are original or legally authorized by You and/or Your Child (including sub-authorization) and guarantee that You and/or Your Child have the right to upload the images as portraits, and We are authorized to use the read-along audio and other content in the manner as agreed herein. The intellectual property (if any) of any content uploaded by You and/or Your Child shall belong to You and/or Your Child or the original copyright owner. In case that any dispute arises out of the infringing content uploaded by You and/or Your Child or any other defects of right, You shall resolve such dispute independently and shall be solely responsible for any liabilities arising therefrom; in case that any third party claims the rights and interests in the Licensed Content to Us, You shall actively defend against the third party, on our behalf or, at our request, and provide Us with the necessary cooperation and assistance in defending against such third party (including but not limited to the provision of supporting documents, materials, information, etc. relating to the Licensed Content); in case that any loss is caused to Us as a result of any infringement or any other defects of rights of the content uploaded by You and/or Your Child, You shall compensate Us for all losses caused thereby and eliminate any adverse effects arisen therefrom.
6.3 You understand and agree that, from the date of uploading the Licensed Content to iHuman Children Apps and subject to the Applicable Laws and Our privacy practices, You and/or Your Child grants us a permanent, free, non-exclusive, sublicensed (multi-tiered) right (including but not limited to, all intellectual property rights such as the right of reproduction, communication through information networks, adaptation, compilation, modification, translation, making derivatives, performance and display except for the right of signature) to use the Licensed Content worldwide, and to use, develop or license all or part of the Licensed Content in any analysis of Our products and brands. The scope of Our rights includes, but is not limited to, the uses on all applications and end devices that may be available at present or in the future, such as smartphones, tablets, PCs, smart watches, smart screens, smart speakers, etc.
For the avoidance of doubt, the above authorization includes the use, reproduction, display and dissemination of personal images, portraits, names, trademarks, service marks, brands, names, signs, corporate logos and other rights and interests necessary for Our use of the Licensed Content that owned by You and/or Your Child or is authorized to You and/or Your Child for the purposes permitted under this Agreement.
6.4 You acknowledge and agree that We have the right to act in Our name or in the name of Your trustee or entrust others to protect the rights of the Licensed Content that is infringed, and the actions We may take include, but are not limited to: monitoring the infringement act, sending protest letters, initiating litigation or arbitration, mediation, settlement, etc. In such case, You further agree that We have the right to make decisions and take actions independently; at our request, You shall actively provide necessary assistance (including but not limited to providing supporting documents, materials, information, etc. necessary for right protection) to support Our actions; and any compensation (if any) obtained from the actions to protect the rights of the Licensed Content shall be shared with Us in half after Our cost incurred in connection with the actions being deducted..
7.1 We attach great importance to and protect Your and/or Your Child’s personal information. We will collect, use, preserve and share Your and/or Your Child’s personal information in accordance with the terms and conditions hereof and the terms of the iHuman Privacy Policy. We remind You that We may synchronize Your and/or Your Child’s personal information among Your different mobile clients (such as Your mobile phone and tablet PC), in order to provide You and/or Your Child with better services.
7.2 You shall read and agree to the iHuman Privacy Policy before using iHuman Products and/or Services and You could manage Your and/or Your Child’s personal information in accordance with iHuman Privacy Policy. If You do not agree to the terms of the iHuman Privacy Policy, iHuman Products and/or Services may fail to function properly or to achieve the effects expected by Us, therefore You and/or Your Child shall immediately stop accessing/using iHuman Products and/or Services.
8.1 We attach great importance to Child protection. In accordance with the Applicable Laws, You acknowledge and undertake that You are the guardian of the Child who is using iHuman Products and/or Services, or an adult User. For a Child User, We provide iHuman Products and/or Services to a Child User only after his/her guardian has fully read and agreed to this Agreement. We have the right to stop providing Products and/or Services of iHuman Children Apps to the Child once We are aware there is no permission made by the guardian.
8.2 Guardians shall guide their Children to pay attention to the safety of accessing the Internet. Payment is not allowed to be made by Children when using Products and/or Services of iHuman Children Apps, and if there is any payment requirement, Children shall ask their guardians to operate.
8.3 We will remind the Children that they shall focus on online learning, recognize the difference between the virtual world and the real world, and avoid indulging in the Internet and hence affecting daily study and life while using Products and/or Services of iHuman Children Apps. In order to prevent Your Child from indulging in the Internet, Products and/or Services of iHuman Children Apps provide parent verification function through specific links (such as requiring You to recognize traditional characters, performing more complex mathematical calculations that beyond the Child’s general cognitive abilities, etc.), and the parents are able to modify Child’s learning progress and learning duration in the settings after such verification.
8.4 You shall bear all the consequences arising from Your violation of the Applicable Laws and this Agreement in accordance with the Applicable Laws.
8.5 The protection of Children’s personal information will be implemented strictly following the iHuman Privacy Policy published by iHuman Children Apps, especially the methods set forth in iHuman Guidelines on Children’s Privacy Protection. For details, please refer to iHuman Privacy Policy and iHuman Guidelines on Children’s Privacy Protection.
9.1 In accordance with the development of iHuman’s business or for other reasonable reasons, and to the maximum permitted by the Applicable Laws and subject to the fulfillment of any mandatory requirements, We could change or terminate any or all of the iHuman Products and/or Services, or to change, delete or transfer what You have stored or published in iHuman Products and/or Services at any time, in which event We shall not be liable for any breach of contract to You or any third party. You can contact Us to resolve relevant issues in the manner as described in Section 13 hereof while We terminate the operation of iHuman Products and/or Services.
9.2 We have the right, for a good cause, to change or terminate Your account, password or the right to access iHuman Products and/or Services, or to change, delete or transfer what You have uploaded and stored in iHuman Products and/or Services.
9.3 You understand and agree that You and/or Your Child will not be able to log in to the account or check information of the account after We terminate the provision of iHuman Products and/or Services to You and/or Your Child. In such case, We will stop collecting and using your/Your Child’s personal information, and delete any information collected about You and/or Your Child, but other anonymized data will continue to be saved by Us. Our termination of operating iHuman Products and/or Services to You and/or Your Child will not prejudice to the effectiveness of Your liability for breach of contract or any other form of liability to Us and any third party prior to the termination of the Services.
10.1 You understand and acknowledge that iHuman Products and/or Services are provided in a form consistent with the existing technology and conditions, that We cannot guarantee that the iHuman Products and/or Services provided are free from any defects, and that We do not make any express or implied commitment or guarantee for the iHuman Products and/or Services provided (including technology and information), including but not limited to quality, stability, correctness, timeliness, completeness, consistency and safety. However, We undertake to continuously improve the quality and level of service and provide You and/or Your Child with better service.
10.2 In order to optimize product functions, improve user experience, and guarantee product and/or service security, We may update or upgrade iHuman Products and/or Services software on a regular or irregular basis. In order not to affect the normal use of the products and/or services, You and/or Your Child shall update the software to the latest version.
10.3 To the fullest extent permitted by the Applicable Laws, We do not warrant for the matters including but not limited to:
(1) Due to the limitations of the technology, We cannot guarantee that Our website, mobile client and other software are fully compatible with other software, hardware and systems, even if We have made our best efforts. In case of incompatibility, You and/or Your Child may contact Customer Service Center for technical support. If the problem cannot be resolved, the User may choose to uninstall and stop using iHuman Products and/or Services;
(2) We do not warrant any matters related to the interruption of iHuman Product and/or Service, data loss, account loss, and damage to data in account and other losses or risks which may be caused by the force majeure, hacker attack, system instability, network interruption, user shutdown, communication line, third-party service defect, government action, and planning/adjustment/revision of iHuman Products and/or Services;
(3) For the software of iHuman Products and/or Services that are not downloaded and obtained from any official channels and other channels that are designated by iHuman, We cannot guarantee the consistency, security and stability of iHuman Products and/or Services, nor can We guarantee whether it has computer virus, whether it has disguised trojan horse program and other hacker software, nor do We assume any liabilities for any direct or indirect damages caused to You and/or Your Child thereby;
(4) We do not guarantee the safety, reliability, timeliness and performance of iHuman Products and/or Services;
(5) We do not guarantee that any iHuman Products and/or Services or other materials provided meet Your and/or Your Child’s expectations.
10.4 You and/or Your Child shall not download any information about iHuman Products and/or Services in an illegal or unofficial channel. You and/or Your Child may use any information downloaded or obtained through iHuman Products and/or Services at your own risk, and You and/or Your Child shall bear the adverse consequences of any damage to Your computer system or loss of information arising therefrom.
10.5 We do not undertake any direct, indirect, incidental, derivative or punitive damages for loss of profits, business reputation, information or other tangible or intangible losses arising from:
(1) Use or failure in use of iHuman Products and/or Services;
(2) Any product, information or service purchased or acquired through iHuman Products and/or Services;
(3) Unauthorized use or modification of User data for any reason that not caused by us;
(4) Other matters relating to iHuman Products and/or Services.
10.6 You shall take good care of Your account and password, strengthen the password security, and change password regularly to guard against the leak or theft of the account. We shall not be liable for any losses, such as loss or decrease of the User’s rights and interests of the account if the User account is leaked or stolen for any reasons that not caused by Us.
10.7 We shall not be liable for any loss You incurred in connection with Your failure in safeguarding Your username, password or login device, and/or any failure in retrieve of the account and the property thereunder due to lack of identity authentication or untruthful authentication information.
10.8 You understand and agree that You assume any risk associated with downloading and/or using iHuman Products and/or Services, including but not limited to, Your and/or Your Child’s use of iHuman Products and/or Services, and all consequences arising from the use of iHuman Products and/or Services. To the maximum extent permitted by the Applicable Laws, You and/or Your Child shall be solely responsible for any damage to the computer system or loss of data caused by downloading or using iHuman Products and/or Services.
10.9 You understand and agree that We have the right to make business changes, adjustments and technical changes at our own discretion, and have the right to modify or interrupt, suspend or terminate iHuman Products and/or Services at any time, based on the needs of overall operation, without notifying You and/or Your Child, and without assuming any liabilities against You and/or Your Child or a third party, unless otherwise provided by the Applicable Laws or agreed by both parties.
10.10 Subject to the Applicable Laws, We shall be entitled to delete, block or disconnect links as appropriate for Your and/or Your Child’s violation or suspected violation of the Applicable Laws and the terms and conditions of this Agreement in our own judgment; and stop providing products and/or services to You and/or Your Child or terminate Your account; and We also shall have the right to keep relevant information in accordance with the Applicable Laws and to report it to the law enforcement or regulatory authorities.
10.11 We are only responsible for the direct liability expressly provided for herein. Unless otherwise provided herein, the total liabilities that We shall be responsible for hereunder shall not exceed the total amount of the fee charged by us for the provision of services to You and/or Your Child.
10.12 We shall not be liable for any special, indirect, punitive, incidental or consequential damages or any other damages (including but not limited to, loss of profit or interest, interruption of business, loss of materials) caused by any acts for any reason whatsoever, no matter the damages are foreseeable or not, and regardless of the form of conduct.
10.13 To the extent permitted by the Applicable Laws, You agreed to defend (at our option), indemnify and hold Us and Our service providers, suppliers, and licensors, and each of Our respective officers, directors, employees and agents, including all third parties mentioned, or included in the iHuman Products and/or Services, harmless from any and all claims, liabilities, losses, actions, proceedings, suits, damages, settlements, penalties, fines, costs, or damages, including without limitation to reasonable legal and accounting fees, resulting from or related to:
(1) Your breach of any provision of this Agreement;
(2) Your use of iHuman Products and/or Services; or
(3) Your violation, alleged violation or misappropriation of any intellectual property right.
10.14 By accepting this Agreement You waive all rights and agree to hold Us harmless from any claims resulting from any action taken by Us during or as a result of its investigations by either Us or any law enforcement or regulatory authorities.
10.15 You shall use your best efforts to cooperate with Us in the defense of any such claim. We reserve the right, to assume the exclusive defense and control of any matter that is subject to indemnification by You. This defense and indemnification obligation will survive this Agreement and Your use of iHuman Products and/or Services.
10.16 You explicitly acknowledge and understand that for any iHuman Products and/or Services You purchased labeled as “perpetual”, permanent or similar descriptions, they shall be interpreted as You will be entitled to use such iHuman Products and/or Services for unlimited period during the operation of such iHuman Products and/or Services. It should not be deemed as We make any explicit or implied warranties that We will operate such iHuman Products and/or Services permanently.
All notices We send to You and/or Your Child under the terms and conditions of this Agreement may be sent through page announcement, internal message, Official Websites, email, and shall be deemed to have been sent to You on the date of delivery.
If You and/or Your Child have any doubts, inquires or complaints, etc., when reading this Agreement, You are able to contact Us through the following means: (1) Login to iHuman Children Apps for on-line complaints and feedback according to the Operating Instructions; (2) Call the hotline "+86 400-8883337"; (3) Send an email to help@ihuman.com; (4) Send a mail to Customer Support, Block K2, North American Business Center, No.108 Beiyuan Road, Chaoyang District, Beijing; and (5) Other contact information We provide. We will reply to You as soon as possible upon receipt of Your comments and suggestions. Generally, We will not charge You for this service.
13.1 Unless otherwise provided by Applicable Laws and subject to the fulfillment of any mandatory requirements, the conclusion, effectiveness, performance and interpretation of and settlement of disputes arising from or in connection with this Agreement shall be governed by the laws of the Mainland China (excluding the laws of the Hong Kong Special Administrative Region, the laws of the Macao Special Administrative Region and the laws of Taiwan Province for the purposes of this Agreement). If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that particular provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement shall continue to be valid and enforceable.
13.2 Unless otherwise provided by Applicable Laws and subject to the fulfillment of any mandatory requirements, any disputes related to this Agreement shall be negotiated by both parties through amicable settlement; where negotiation fails, either party agrees to submit the dispute to the People’s Court of Beijing Municipal Chaoyang District for settlement.
14.1 You understand and agree that We reserve the right to make a combined assignment of rights and obligations under the terms and conditions of this Agreement to a third party and We will then notify You through iHuman Children Apps or Official Websites in an appropriate manner.
14.2 You agree that Our failure to exercise or enforce any legal right or remedy which is agreed herein or provided by the Applicable Laws shall not be taken as a waiver of Our rights, and the rights or remedies shall still be available to Us.
14.3 In any case any one or more of the clauses contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.
14.4 The headings of this Agreement are only provided for convenience and readability and shall not affect the meanings or interpretations of any clause herein.
14.5 Both You and We are independent subjects and in no event shall this Agreement constitute any form of express or implied warranty or condition for You and/or Your Child, nor shall it constitute an agency, partnership, joint venture or employment relationship between You and Us.
14.6 Copyright in the terms and conditions of this Agreement is owned by Us, and We reserve the right to interpret and modify all terms and conditions of this Agreement and iHuman Products and/or Services.
Specific terms used herein shall have the following meanings:
15.1 We, Our, Us or iHuman: refers to Human and Perfect Future Education Co., Ltd.
15.2 Affiliated Company: refers to a subsidiary company or other affiliated enterprise within the scope of the consolidated statement of Human and Perfect Future Education Co., Ltd., and the company/enterprise has or will have a relationship with Human and Perfect Future Education Co., Ltd., in which one party controls, is controlled or under the joint control by other enterprises.
15.3 Control: refers to the fact or ability that a direct or indirect impact is caused to the management of the Company by means of shareholding, voting shares, contractual agreements or other legally recognized means.
15.4 User(s) or You: refers to the parent or the guardian of the Child who uses iHuman products and/or services or an adult user who reaches the age threshold of adult under the Applicable Laws or above.
15.5 Child or Your Child: refers to the minor under Your guardianship who is under the age of 14 or otherwise provided by the Applicable Laws in Your jurisdiction.
15.6 iHuman Products and/or Services: refer to the following products and/or services iHuman provides to You and/or Your Child: (1) products and/or services of iHuman Children Apps provided through mobile client; (2) the Official Websites which provide descriptions and methods to download products and/or services of iHuman Children Apps (3) any software relating to the products and/or services mentioned in (1) and (2); and (4) other iHuman children education products and/or services provided to You and/or Your Child by iHuman from time to time.
15.7 iHuman Children Apps: refers to the App developed by Human and Perfect Future Education Co., Ltd. and various versions thereof. For details, click here.
15.8 Products and/or Services of iHuman Children Apps: refer to the products and/or services iHuman provides to You and/or Your Child through iHuman Children Apps Mobile Client. Products and/or services provided by iHuman Children Apps through mobile client are one of iHuman Products and/or Services.
15.9 This Agreement or terms and conditions of this Agreement: refer to the iHuman User Service Agreement (including the General Terms and Special Terms) and the Specific Agreement and Specific Product Rules which are an integral part of this Agreement as amended from time to time. The Specific Agreement refers to the specific user service Agreement formulated by iHuman for certain specific Products and/or Services; Specific Product Rules refer to the specific regulation for various iHuman Products and/or Services that iHuman shows You and/or Your Children separately, including operating instructions and rules, processes, etc. that need to show You as iHuman Products and/or Services are updated and developed from time to time.
15.10 Applicable Laws: refers to all applicable laws and regulations worldwide which are legally binding in order to set forth rights and obligations of iHuman and You, including but not limited to App operations, customers protections and data protections.
15.11 iHuman Account: refers to the account that You have registered and necessary for assessing Products and/or Services of iHuman Children Apps by You and/or Your Child; the account is the certificate that You are a registered User and that You and/or Your Child is using Products and/or Services of iHuman Children Apps.
15.12 Apple App Store: refers to the app store that Apple Inc. provides You for downloading applications in iOS system.
15.13 Google Play: refers to the app store that Google provides You for downloading applications in Android system.
15.14 Personal Information: refers to various information recorded electronically or otherwise that can be used to identify a particular person or reflect the activity of a person, either alone or in combination with other information. Personal information includes basic information, identity information, biometric information, photographs, videos, audio files, online contact information, a screen or username where it functions in the same manner as online contact information, persistent identifiers that can be used to recognize users over time and across different websites or online services, network identify information, health-related and physiological information, education and work information, property information, communication information, contact information, Internet surfing records, common device information and location information of a person. For the avoidance of doubt, personal information includes but is not limited to sensitive personal information.
15.15 Anonymize: refers to the process in which personal information is processed in a technical manner to make You unidentifiable and the processed information cannot be restored.
15.16 Derivatives: refer to the learning reports, downloads, collections (if any), points (if any), points redeemed for gifts (if any) and level (if any) of Products and/or Services of iHuman Children Apps obtained by Your iHuman Account when You and/or Your Child is using Products and/or Services of iHuman Children Apps.
15.17 Hongdou: refers to the virtual currency commonly used in some iHuman Children Apps, which can be used to pay for the subscribed services of iHuman Story App. You and/or Your Child can purchase Hongdou in cash through iHuman Story App. The specific purchase price is subject to the price actually announced and displayed through iHuman Story App.
15.19 Logos: refer to commercial logos (including Logos of iHuman and its affiliated companies, the text, graph and combination of Our Logo, “iHuman”, “iHuman Children Apps”, “iHuman Story”, “iHuman Books”, “Magic Math Academy” , and the name of other logos, signs, Products and/or Services), service logos, trade names, domain names, website names or other distinctive brand characteristics of iHuman and its affiliated companies.
15.20 Licensed Content: refers to the pictures, sounds and other content that You and/or Your Child uploads to iHuman Children Apps and finally authorizes to iHuman while using iHuman Products and/or Services.
15.21 China or the territory of China: refers to the Mainland of the People's Republic of China, excluding the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Province, for the purposes of this Agreement only.
II SPECIAL TERMS——JURISDICTION SCHEDULE
6. Intellectual Property.
The following shall be added to the end of Section 6.4:
6.5 Removal of Infringing Materials – Digital Millennium Copyright Act Policy
a. Anyone who believes that any materials accessible on or through iHuman Products and/or Services infringe his or her copyright may submit a notification to Our copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
i. identification of the copyrighted work that is claimed to be infringed;
ii. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Products or Services;
iii. information for Us to contact you, including an address, telephone number, and, if available, email address;
iv. a statement that You have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
v. a statement that the information above is accurate, and under penalty of perjury, that You are the copyright owner or the authorized person to act on behalf of the copyright owner; and
vi. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
b. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) in Your written notice. You acknowledge that if You fail to comply with all of the requirements of the notice of infringement as specified above, Your DMCA notice may not be valid.
c. Our agent for DMCA notice of claims of copyright infringement on iHuman Products and/or Services (“Copyright Agent”) can be reached as follows:
Please place “Legal Support, DMCA” in the Subject Header (if by email).
d. We will respond expeditiously to copyright infringement claims reported to Our Copyright Agent through the notification explained above. It is Our policy, in appropriate circumstances and at Our discretion, to disable or terminate the accounts of Users of iHuman Products and/or Services who repeatedly infringe copyrights or intellectual property rights of others.
e. Please be aware that if You knowingly materially misrepresent that material or activity on iHuman’s Products and/or Services is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
f. If You believe that Your User Content that was removed (or to which access was disabled) after We received a notice of copyright infringement is not actually infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the Applicable Laws, to post and use the content in Your User Content, You may send a counter notice containing the following information to Our Copyright Agent: (1) Your physical or electronic signature (with Your full legal name); (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that You have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) information by which We can contract You including Your name, address, telephone number, and email address; and (5) a statement that You will consent to the jurisdiction of the federal district court for the judicial district in which Your address is located (or if You reside outside the United States for any judicial district in which iHuman Products and/or Services may be found) and that You will accept service of process from the person who provided the original notification of the alleged infringement.
g. If a counter notice is received by Our Copyright Agent, We may send a copy of the counter notice to the original complaining party informing that person that We may restore the removed content or enable the access to it. Unless the original complaining party files an action seeking a court order against the content provider, member or User, within ten business days of receiving the copy of the counter notice, We may restore the removed content or enable the access at Our sole discretion.
h. Please be aware that if You knowingly materially misrepresent that material or activity on iHuman’s Products and/or Services was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
14. Miscellaneous.
The following shall be added to the end of section 14.6:
14.7 California Consumer Rights Notice
Under California Civil Code Section 1789.3, California Users of iHuman Products and/or Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
14.8 Exports
You agree that You will not export or re-export, directly or indirectly iHuman Products or Services and/or other information or materials provided by Us hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, iHuman Products and/or Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
14.9 U.S. Government Restricted Rights
iHuman Products and/or Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end Users (a) only as Commercial Items and (b) with only those rights as are granted to all other end Users pursuant to the terms and conditions herein.
15. Definition of Key Words.
Section 15.5 shall be replaced with the following:
15.5 Child or Your Child: refers to the minor under Your guardianship who is under the age of 13.
2. Rules for Account.
The second paragraph of Section 2.1 shall be replaced with the following:
It is a condition of Your use of Our services that the information You provide on the iHuman Children Apps shall be correct, current, and complete, and does not contain any content that violates the Applicable Laws, social customs, or infringes any rights or interests of Us and others. All information You provide to register with the iHuman Children Apps is governed by the iHuman Privacy Policy, and all actions We take with respect to Your information is consistent with the iHuman Privacy Policy.
7. Protection of Users’ Personal Information.
Section 7.2 shall be replaced with the following:
7.2. You and/or Your Child shall read and fully understand the iHuman Privacy Policy before using iHuman Products and/or Services, and You shall make such choices as You think appropriate in accordance with the guidance of iHuman Privacy Policy required. If You do not acknowledge the terms of the iHuman Privacy Policy, iHuman Products and/or Services may fail to function properly or to achieve the effect expected by Us, therefore You and/or Your Child shall immediately stop accessing/using iHuman Products and/or Services.
9. Change and Termination of Agreement.
The following shall be added after the end of Section 9.1:
This Section is subject to the Applicable Laws. And where this Section is found by any local court or administrative body of competent jurisdiction to be invalid or unenforceable, the local Applicable Laws shall prevail.
14. Miscellaneous.
The following shall be added to the end of section 14.
14.7 For avoidance of doubt, all the terms and expressions of “personal information” used herein shall be equivalently replaced with “personal data”.
14.8 For avoidance of doubt, all the terms and expressions of “agree”, “agree to”, “accept and continue”, “consent” to iHuman Privacy Policy shall not be interpreted as constituting “consent” under the GDPR.
15. Definition of Key Words.
Section 15.5 shall be replaced with the following:
15.5 Child or Your Child: refers to the minor under Your guardianship who is under the age of 16, unless otherwise provided by the Member States.