Before using the "Magicam" software and services, please ensure that you have fully understood and accepted all the terms of this agreement (especially the clauses relating to disclaimers and limitations of liability). If not, please refrain from registering, logging in, or using the services. By registering, logging in, or using the services, you acknowledge that you have fully understood and accepted all the terms of this agreement, especially the clauses concerning disclaimers and limitations of liability. Key provisions, such as those exempting or limiting liability, will be highlighted in bold to draw your attention, and you should read these sections carefully.
1. This Service Agreement (hereafter referred to as "this Agreement") is a contract between you (also referred to as "User") and "Crait Technology Inc" (hereafter referred to as "Crait") regarding the services provided by the "Magicam" software (hereafter referred to as "this Software").
2. You acknowledge: By registering as a user of "Magicam", or by using the "Magicam" software or services, you fully understand and agree to accept this Agreement.
3. You acknowledge: "Crait" may unilaterally decide to change "this Agreement". If there are any changes to "this Agreement", "Crait" will post a notice on the application's homepage to inform users. If you do not agree to the changes, you must stop using this software and services; if you continue to use this software and services, it indicates your unconditional acceptance of the amended agreement. The amended agreement becomes effective immediately upon publication by "Crait".
4. This Agreement (including its revised versions), the "Magicam" Privacy Policy, and any other documents related to the use of third-party software or technology with "Magicam" software (if any), together constitute the complete agreement regarding the "Magicam" software and services and are legally binding on both the user and "Crait".
1. Service Content
"Magicam" is a platform that provides users with real-time face changing, voice alteration services, custom voice services, and a payment platform. Unless otherwise specified, any new features that enhance or augment the current services, including new products and additional services, are unconditionally subject to this Agreement.
2. Software Form
a. Users will access this software in forms such as a desktop client, as provided by "Crait", which will continually enrich the software's terminals and forms. When using this software, users should select a version compatible with their terminals and systems; otherwise, they may not be able to use this software normally.
b. To improve user experience, enhance service content, and ensure the security and consistency of the features of this software and services, "Crait" will continuously develop new services and has the right to update this software (these updates may take the form of software replacement, modification, feature enhancement, version upgrades, etc.), or change or limit some of the functionalities, or discontinue or suspend this software and related services. After the release of a new version of the software, "Crait" does not guarantee that the old version will continue to be available or that corresponding customer services will be provided. Users fully understand and agree that "Crait" possesses these rights and may exercise them without special notice to users.
3. Users fully understand and agree that "Magicam" only provides real-time face changing, real-time voice conversion, custom voice services, and a payment platform. Any equipment related to other network services (such as personal computers, mobile phones, and other devices related to accessing the Internet or mobile networks) and the costs involved (such as telephone charges for accessing the Internet and internet fees, mobile phone fees for using mobile networks) are the responsibility of the user.
1. Account Registration and Use
a. To register an account, you confirm that you are a natural person, legal entity, or other organization with full capacity for civil conduct when undertaking the registration process or using the services provided by "Crait" in other permitted ways. If you do not possess the requisite civil capacity, you must register through your guardian after obtaining their consent. Otherwise, you and your guardian will bear all consequences arising under the law due to your actions. Upon successful registration, the software will grant you an account and a corresponding password. The ownership of the account belongs to "Crait", and you are granted the right to use this account. You may not gift, lend, rent, transfer, or sell the account or allow another person to use it. You must safeguard your account and password. All actions conducted through your account will be regarded as your own actions, and you are legally responsible for all activities and events under your account and the consequences thereof.
b. You pledge that all information and data (collectively "information") provided during registration and while using the services offered by "Crait" are accurate and truthful, and you will maintain and update this information timely, especially your contact number, address, mobile number, etc., to enable effective communication between "Crait" and yourself. You must update your information as required by the software or as prompted. You will bear all consequences for providing untrue, inaccurate, outdated information, or if contact cannot be established through the information provided, including any losses or additional costs incurred during the service usage, which you will fully bear.
c. If unauthorized use of your account by others is discovered, you must immediately notify "Crait". The possibility of hacking or negligent security leading to unauthorized account access exists on the internet. You fully understand and agree that such incidents are not related to "Crait", and "Crait" assumes no responsibility for these occurrences. You are solely responsible for maintaining the security and confidentiality of your information and for all actions under your account; you are liable for compensation if such actions cause loss to "Crait" or other users or visitors.
2. "Crait" solemnly advises users that any information, materials, text, software, music, sounds, photographs, graphics, videos, messages, or other materials (hereafter referred to as "Content"), whether publicly or privately transmitted via our services, are the responsibility of the content provider or uploader. "Crait" cannot control the content transmitted via our services and does not guarantee the accuracy, completeness, or quality of the content. You acknowledge that you may encounter unpleasant, inappropriate, or objectionable content when using our services. Under no circumstances will "Crait" be responsible for any content, including but not limited to any errors or omissions in any content or any loss or damage arising from the transmission of content via our services. However, users can report violations to "Crait", and "Crait" reserves the right to legally stop the transmission of any such content and take appropriate actions, including but not limited to suspending the service for violating users, retaining records.
3. When producing or publishing information on "Magicam" (including but not limited to audio and video content, registered usernames, images, comments, etc.), or when using such content externally, users must comply with local laws and regulations and bear all civil, administrative, and/or criminal legal responsibilities arising from their posted information or improper use. The information produced or published by users on "Magicam" (including audio and video content, usernames, images, comments, etc.) must not contain any of the following:
a. Content that jeopardizes national security, leaks state secrets, subverts state power, or undermines national unity;
b. Content that disseminates obscenity, pornography, gambling, violence, terror, or incites crime;
c. Content that insults or defames others, infringes on the legal rights of others;
d. Content that infringes on others' rights to portrait, name, reputation, privacy, or other personal rights;
e. Content using uncivil language such as cursing, insulting, defaming, threatening, or cursing;
f. Content acting under the name of illegal civil organizations;
g. Content that infringes on others' copyright, the right to disseminate information on the internet, and other legitimate rights;
h. Content used for illegal activities such as fraud, illegal fundraising, etc., which infringes on public and private property rights;
i. Content containing any other content prohibited by laws and administrative regulations.
4. Unless permitted by law or previously authorized in writing by "Crait", users may not engage in the following acts during the use of this software and services:
a. Deleting copyright information from this software and its copies;
b. Reverse engineering, decompiling, disassembling this software, or otherwise attempting to discover the source code of the software;
c. Maliciously placing orders or attacking "Magicam" network services, posing a threat to the stability of "Magicam" products;
d. Using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, establishing mirror sites, etc., the content owned by "Crait" or its affiliated companies;
e. Copying, modifying, adding, deleting, or creating any derivative works of the data released into any terminal memory during the operation of this software, the interaction data between the client and server during the software operation, and the system data necessary for the operation of the software, in forms including but not limited to the use of plug-ins, external applications, or unauthorized third-party tools/services accessing this software and related systems;
f. Modifying or falsifying commands or data during software operation, altering the functionality or operational effects of the software, or operating or disseminating software or methods for such purposes to the public, whether for commercial purposes or not;
g. Logging into or using "Crait" software and services through third-party software, plugins, or systems not developed or authorized by "Crait", or making, publishing, or disseminating such tools;
h. Independently or authorizing others, third-party software to interfere with this software and its components, modules, data;
i. Any other acts not expressly authorized by "Crait".
5. Unless permitted by law or previously authorized in writing by "Crait", users may not engage in the following acts during the use of this software and services:
a. Submitting or publishing false information, or impersonating or using someone else's name;
b. Fabricating facts, concealing the truth to mislead or deceive others;
c. Infringing on others' rights to reputation, portrait, intellectual property, trade secrets, or other legal rights;
d. Using "Crait" accounts and any functions, as well as third-party operation platforms for promotion or mutual promotion without written permission from "Crait";
e. Using the account or this software and services for any illegal criminal activities;
f. Making, publishing, or disseminating methods or tools related to the above activities, or operating or disseminating such methods or tools, whether for commercial purposes or not;
g. Other actions that violate legal or regulatory provisions, infringe on the legal rights of other users, disrupt the normal operation of the product, or are not expressly authorized by "Crait".
6. If a user violates any provision of this agreement, to maintain the image, reputation, and safety of "Crait", "Crait" has the right to delete the user's published information and impose sanctions on users who violate the agreement, including blocking the ID and/or temporarily or permanently banning the user from posting information on "Magicam", while reserving the right to pursue legal responsibilities according to the law. Moreover, "Crait" does not assume any liability for breach of contract or other legal liabilities towards the original publisher after taking such removal measures, including not bearing liability for compensation for damages due to unsubstantiated infringement allegations against the original publisher.
7. Users must independently bear legal responsibility for their actions on "Magicam". If a user's actions do not comply with this agreement, "Crait" has the right to make an independent judgment and immediately cancel the user service account. If a user spreads and disseminates reactionary, pornographic, or other information violating national laws on "Magicam", the system records of "Magicam" may serve as evidence of the user's violation of the law.
8. "Crait" assumes no responsibility for the deletion or storage failure of the audio and video content produced by users. "Crait" has the right to determine whether a user's actions comply with the provisions of local laws and regulations and the requirements of this agreement. If a user violates the provisions of local laws and regulations or this agreement, "Crait" has the right to interrupt the service provided to the user.
1. Except as otherwise provided in this Agreement, without the user's consent, "Crait" will not disclose or disseminate the user's information, audio and video content produced and published, to third parties. "Crait" will adopt strict confidentiality measures to protect user information from unauthorized access, use, or disclosure.
2. Users understand and agree that "Crait" bears no legal responsibility for information leakage caused by non-human factors attributed to "Crait", such as natural disasters, theft, robbery, or hacker attacks.
3. "Crait" is not obligated to maintain confidentiality under the following circumstances:
a. Information, voices, and text provided by users are disclosed due to reasons not caused by human factors on the part of "Crait";
b. Prior authorization has been obtained from the user;
c. To investigate, prevent, or address fraud, security, or technical issues;
d. To execute related service agreements or policies, or to maintain the public interest of society;
e. To protect the personal and property safety or other legal rights of "Crait's" clients, "Crait" or its affiliated companies, other users, or employees in reasonable and necessary circumstances.
1. Works and content produced by users on "Magicam" refer to audio, video, or any other forms of content including text, images, and links created on "Magicam".
2. When users produce original works on "Magicam", users guarantee that they have the legal copyright/authorship or corresponding authorization for the materials provided for the production of such works, including but not limited to video content, text content, background audio, music, images, links, etc. "Crait" bears no responsibility for any liabilities arising therefrom. If users breach the above commitment, they shall independently bear all liabilities and compensate "Crait" for any losses incurred.
3. Users shall bear full responsibility for any claims or damages arising from the production or publication of the aforementioned works and content on "Magicam".
1. All rights related to the software, including copyrights and other related rights (encompassing all text, graphics, user interfaces, visual interfaces, images, trademarks, logos, sounds, music, artwork, and computer code, related to design, structure, coordination, expression, “look and feel”, and arrangement) belong to "Crait", protected by copyright, trademark, and/or other property ownership laws.
2. "Crait" makes no warranties or promises regarding the suitability and compliance of the software with user objectives, nor does it assume any legal responsibility for any texts, graphics, audio, and/or video data contained in the software or any delays, inaccuracies, errors, and omissions that occur during the transmission or delivery of data, in whole or in part.
3. Under compliance with this Agreement, "Crait" grants users a personal, non-exclusive, non-transferable, limited right to use the software. Users may install, use, display, and run the licensed software on their own terminal devices. However, without the prior explicit written consent of "Crait", users shall not copy, reproduce, reprint, upload, publish, publicly display, encode, translate, transmit or distribute any part of the software or its content for publishing or distribution or for any other commercial purposes to any other computer, server, website, or other medium.
4. All other rights not expressly authorized by this Agreement remain with "Crait", and users must obtain written permission from "Crait" to exercise these rights. Failure by "Crait" to exercise any of the aforementioned rights does not constitute a waiver of such rights.
1. Users understand and agree that during the use of this product and services, "Crait" may send promotional messages about other products to users, including but not limited to goods promotions. Users are asked to fully understand any disturbances this may cause.
2. "Crait" performs its obligations to advertisers according to legal provisions and relevant cooperative agreements, but users should judge the authenticity of advertising information themselves and are responsible for their own decisions. Except as explicitly prescribed by law, "Crait" bears no responsibility for any loss or damage suffered by the user due to transactions based on such advertising information or content provided by the aforementioned advertisers.
3. Users agree to exercise caution and make judgments about the authenticity and reliability of any advertising information appearing in this product or service. Except as explicitly prescribed by law, users are responsible for any transactions based on such advertising information.
1. When users utilize third-party products or services offered through this product, in addition to complying with this Agreement, users should also comply with the third-party user agreements. "Crait" and third parties bear their respective responsibilities within the legal and agreed scope for any disputes that may arise.
2. When users use this product or request "Crait" to provide specific services, this product may invoke third-party systems or support users' use or access through third parties. The results of such use or access are provided by the third party (including but not limited to services provided by third-party plugins through this software). "Crait" does not guarantee the security, accuracy, effectiveness, or other uncertain risks of services and content provided through third parties. Any disputes and damages arising therefrom are unrelated to "Crait", and "Crait" bears no responsibility.
1. Users expressly agree that all risks associated with using "Magicam" are borne entirely by the users themselves; "Crait" assumes no responsibility for any consequences arising from the use of "Magicam" by the user or any third party.
2. "Crait" does not guarantee that the network service will meet the user's requirements, nor does it guarantee that the network service will be uninterrupted, nor does it make any guarantee or warranty regarding the timeliness, security, or accuracy of the network service.
3. "Crait" does not guarantee the accuracy and completeness of external links set up to provide convenience to users, nor does it assume any responsibility for the content on any web pages not actually controlled by "Crait" that these external links may lead to.
4. "Crait" assumes no responsibility for interruptions or other defects in network services caused by force majeure or reasons beyond "Crait's" control, but will endeavor to minimize the loss and impact on users.
5. "Crait" does not guarantee the truthfulness, accuracy, and completeness of any information obtained from others, including advertisements and other information (collectively referred to as "information"). Any entity or individual acting upon such "information" must discern its authenticity and cautiously guard against risks. Otherwise, regardless of the cause, "Crait" does not assume any direct, indirect, incidental, or consequential loss or liability for any transactions and/or actions not directly related to "Crait".
6. Users agree that "Crait" is not responsible for any quality defects of the following products or services provided to users and any losses caused by them:
a. Various network services provided free of charge by "Crait";
b. Any products or services given to users by "Crait";
c. Various products or services attached to paid network services provided to users by "Crait";
d. Unauthorized use or modification of user data;
e. Other matters related to "Magicam".
Users expressly understand and agree that "Crait" shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, reputation, usage, data, or other intangible losses (even if "Crait" has been advised of the possibility of such damages), due to:
1. The use or inability to use our services;
2. Costs incurred from substituting goods, data, information, messages, or transactions received from or through our services;
3. Unauthorized access to or alteration of user's transmissions or data;
4. Statements or conduct of any third party on our services, or any other matters related to our services, except as explicitly provided in this agreement.
"Crait" reserves the right at any time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. Users agree that "Crait" shall not be liable to users or any third party for any modification, suspension, or discontinuance of the services. Except as otherwise expressly provided by laws and regulations, "Crait" may, without user application, directly refund the fees corresponding to services not yet rendered; if a user generates revenue, "Crait" may, without user application, directly process the withdrawal of earnings according to relevant rules.
1. Users fully understand and agree that if "Crait" discovers or receives a report or complaint that a user has violated applicable laws or the terms of this agreement, "Crait" may decide unilaterally and without prior notice to take measures including, but not limited to, suspending or terminating the service, seeking legal liability, and claiming for all losses. Users understand that any breach of this agreement could cause irreparable harm to "Crait" (monetary damages may not be a sufficient remedy) and agree that "Crait" may seek any injunctive or equitable relief it deems necessary or appropriate under such circumstances. Such remedies are in addition to any other remedies "Crait" may have at law.
2. Users agree that "Crait" may decide unilaterally and without prior notice to terminate user access to the software for reasons including, but not limited to:
a. At the request of governmental bodies or judicial authorities;
b. Suspension or significant modification of the software or any services provided by the software;
c. Unforeseen technical issues.
3. Users fully understand and agree that "Crait" has the right to reasonably judge and deal with violations of relevant laws, regulations, or the provisions of this agreement, to take appropriate legal actions and measures against users’ unlawful or non-compliant behavior, and to report to relevant authorities as required by laws and regulations, with users bearing all legal responsibilities arising therefrom.
4. For any penalties, judgments, mediation, requests, losses, liabilities, claims, or costs (including but not limited to fines, compensations, indemnities, attorney's fees, litigation costs, appraisal fees, travel expenses, execution fees, etc.) proposed by administrative agencies, judicial authorities, or any third party due to a user's breach of laws or the provisions of this agreement in using the software or related thereto, users agree to compensate "Crait" and its managers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries, and affiliates for all losses and to hold them harmless.
5. Users fully understand and agree that the measures "Crait" takes based on the aforementioned remedies will not lead "Crait" to bear any breach of contract or other liabilities towards the user. After "Crait" chooses to terminate this agreement or stop the services, "Crait" is not obliged to retain any information in the original account or related thereto for the user.
Should any dispute arise regarding the content or execution of this agreement, the parties shall first seek to resolve it amicably through negotiation; if negotiation fails, both parties agree unanimously to submit the dispute to the Court of the location where "Crait" is based for resolution through litigation.
1. Users can raise any queries, opinions, or suggestions during the use of "Magicam" through the contact methods integrated within "Magicam". The "Magicam" team will provide timely feedback, but the obligation to respond shall not exceed "Crait's" reasonable capacity. You should also ensure that your contact information is accurate to receive calls or messages from "Crait"; "Crait" is not responsible for any losses caused by your failure to receive notifications.
2. If any provision of this agreement is wholly or partially invalid or unenforceable for any reason, the remaining provisions of this agreement shall remain valid and enforceable.
3. This agreement becomes effective when the user agrees, checks, signs online, and successfully registers as a "Magicam" user or actually uses the "Magicam" software or services, and remains effective unless "Crait" terminates this agreement or the user loses their "Magicam" user qualifications. Termination of this agreement does not relieve the user from obligations and liabilities due under this agreement or other relevant agreements or rules.
4. The final interpretation right of this agreement belongs to "Crait."