Kiti Chat User Agreement

Effective Date: [July 13, 2024]

This User Agreement ("Agreement") is a legally binding contract between you ("User" or "you") and THE FOURTH DIMENSION TECHNOLOGY LIMITED ("4D Tech," "we," "us," or "our"). By registering for, accessing, or using the Kiti Chat application ("App") and any related services (collectively, "Services"), you agree to comply with and be bound by all terms and conditions within this Agreement. If you do not agree to these terms, please do not use the Services.

1. Acceptance of Terms

By creating an account or using our Services, you affirm that you are at least 18 years of age and have the legal capacity to enter into this Agreement. You agree to provide truthful and accurate information during the registration process and to update such information to maintain its accuracy.

2. Prohibited Content and Conduct

You agree not to post, share, or engage in any conduct on the App that:

Is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies.

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.

3. Enforcement of Content and Conduct Rules

We reserve the right to take appropriate action against any user for any unauthorized use of the Services, including civil, criminal, and injunctive redress and the termination of any user's use of the Services. We may, in our discretion, remove content that we determine to be in violation of this Agreement or our policies or otherwise harmful to the Services or our users.

4. Content Ownership and License Grant

As a user, you retain all ownership rights to your content. However, by submitting content to Kiti Chat, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and Kiti Chat's (and its successors' and affiliates') business.

5. User Account and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Kiti Chat of any unauthorized use of your password or account or any other breach of security.

6. Termination and Suspension

We may terminate or suspend your account or ability to use the Services, in whole or in part, at our sole discretion, for any reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Services if you misuse the Services or use the Services in a way that significantly impacts the operation of the Services or the use of the Services by others.This license remains effective until terminated by you or the licensor. Your rights under this EULA will automatically terminate without notice if you fail to comply with any of its terms.

7. Modifications to the Agreement

We reserve the right to modify this Agreement at any time by posting the amended terms on the App. Your continued use of the Services after the posting of the amended terms constitutes your agreement to be bound by the amended Agreement.

8. Governing Law and Dispute Resolution

This EULA is governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of law provisions. Any dispute, controversy, difference, or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law, the seat of arbitration shall be in Hong Kong, and the number of arbitrators shall be one or three. The arbitration proceedings shall be conducted in English.

9. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

10. Indemnification

You agree to indemnify, defend, and hold harmless 4D Tech, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of this Agreement, or your infringement of any intellectual property or other rights of any person or entity.

11. Limitation of Liability

In no event shall 4D Tech or its affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the Services, even if 4D Tech has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, 4D Tech's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to 4D Tech for the Services during the period of three (3) months prior to any cause of action arising.The application is provided "as is," without any form of warranty. The licensor does not guarantee that the application will be uninterrupted or error-free.

12. Intellectual Property Rights

All intellectual property rights in the Services and the App, including but not limited to design, structure, texts, graphics, images, video, information, logos, button icons, software, audio files, and any other content, belong to 4D Tech or are licensed to 4D Tech. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Services without obtaining authorization from 4D Tech or the applicable copyright owner.

License Grant: This application is licensed for use only under the terms of this license and is not sold to you. The licensor reserves all ownership rights in the application.

Restrictions: You may not modify, distribute, decompile, reverse engineer, or create derivative works of the application.

13. Feedback

Any feedback, comments, or suggestions you may provide regarding Kiti Chat or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

14. Recharge and Refund Agreement

1.Recharge Process
All funds recharged to your account will be credited immediately upon successful payment. These funds can be used for in-app services, purchases, and subscriptions.
2.Dispute Resolution
If you believe a transaction was made in error or have any concerns, please contact us via email at support@4dim.ai within 7 days of the transaction. Be sure to include the following information:
We will investigate and respond within 5 business days.

15. Contact Information

If you have any questions about this Agreement, please contact us at support@4dim.ai.

By using Kiti Chat, you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms and conditions. You further agree that this is the exclusive and complete statement of the Agreement between you and 4D Tech which supersedes any proposal or prior agreement, oral or written, and any other communications between you and 4D Tech relating to the subject matter of this Agreement.