Terms of Service

Welcome You to Meitu!

Your use of Meitu is subject to these Terms of Services (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Meitu.

"Meitu"

Meitu refers to a software application developed by and all related services ("Services") provied by or on behalf of Meitu, Inc. and its controlled or affliates companies (Collectively "we", "us", "our").

"You"

You refers to, for all purpose of these Terms, the user of Meitu anywhere in the world, execept if you belong in any of the following categories: (i) a user of Meitu in the People's Republic of China; or (ii) a citizen of the People's Republic of China using Meitu anywhere in the world. If you belong in any of these categories, please refer to the Meitu – Terms of Service (PRC Users) for the terms that apply to you.

IF YOU ARE UNDER THE AGE OF 13, YOU MUST NOT USE MEITU. IF YOU ARE BETWEEN THE AGE OF 13 AND 18 OR RELEVANT AGE IN YOUR JURIDICTION WHERE YOU ARE CONSIDERED AS A MINOR, YOUR PARENT OR GUARDIAN, BOTH THEMSELVES AND ON YOUR BEHALF, MUST AGREE TO THESE TERMS BEFORE YOU CAN USE MEITU.

"These Terms"

These Terms governs the relationship between you and us in regard of your use of Meitu. Before accessing or using Meitu, including accessing a mobile App and a PC application, you must agree to these Terms, our Privacy Policy and any other policy availible in Meitu.

BY INSTALLING, USING OR OTHERWISE ACCESSING MEITU, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERM, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS MEITU. THE USE OF MEITU IS VOID WHERE PROHIBITED.

We reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy and any other policies availibe in Meitu at any time by incorporating the amended terms in Meitu. You will be deemed to have accepted such changes by continuing to use Meitu. If at any point you do not agree to any portion of the then-current version of these Terms, our Privacy Policy, or any other policies, relating to your use of Meitu, your license to use Meitu shall immediately terminate, and you must immediately stop using Meitu.

Use of Meitu

Subject to your agreement and continuing compliance with these Terms, we grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use Meitu for your own non-commercial purposes. You agree not to use Meitu for any other purpose.

You must comply these Terms and any policy availbble in Meitu during your use of Meitu and only use Meitu as permited by applicable laws and regulations, wherever you may be when you use Meitu. For example, you agree that you will not, under any circumstances, use Meitu to produce, store and make public of any content infringing on any third party‘s rights to its reputation, portraiture, privacy, design, trademark and any other lawful rights.

Using Meitu does not give you the ownership of our intellectual property rights in Meitu. All rights, title and interest in and to Meitu (including without limitation any program, any future updates, computer code, themes, objects, characters, in-side design and artwork, image setting profile information, trademark visual effects, user interfaces, functionality, methods of operation, trademark, titles, moral rights, documentation and so on) are owned by us and our licensors. We reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with Meitu and the Services. You must except as expressively provided in these Terms, you have no right to use our intellectual property rights, in particular to the use of our trademarks, prodcut names, domain names or any other distinctive brand feasures.

WE RESERVE THE RIGHT TO DETERMINE WHAT CONDUCT WE DEEM TO BE IN CONFLICT WITH THE SPIRIT OR INTENT OF MEITU AND ALL RELATED SERVICES OR MAKE IMPROPER USE OF MEITU.

Privacy Protection

We values you privacy. Our Privacy Policy explains how we treat your personal data and protect your prvacy when you use Meitu. By using Meitu, you agree that we can use such data in accordance with our Privacy Policy.

Your Content in Meitu

We do not claim ownership of the content that you process, submit, share or post in Meitu and you retain ownership of any intellectual property rights that you hold in that content ("Your Content"). You understand and agree that you give us (and those we work with) a free of charges, non-exclusive and worldwide license to use Your Content solely for the purpose of providing, promoting, developing and improving the Services in Meitu, including new services that we may provide in the future. Your such license will be in no event deemed as a must use of Your Content and a transfer of any intellectual property rights of Your Content. In other words, what belongs to you is yours. All such use will be in strict compliance with our Privacy Policy.

You are solely responsible for Your Content. You must at all times ensure that: (i) you have the rights required to process, submit, share or post Your Content, and to grant us the rights as set out in these Terms; and (ii) our use of Your Content in accordance with these Terms does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

Advertising Content in Meitu

Meitu may contain advertising or commercial content. You understand and agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in Meitu as some of our Services will be supported by adverstising revenue. You furhter agree that, as explained in more detail in our Privacy Policy, we may use targeted advertising to try to make advertising more interesting and valuable to you.

Suspension and Termination

Although it is our intention for the Services in Meitu to be availible as much as possible, there will be occasions when the Services in Meitu may be at our sole discretion suspended or terminated, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, for our sole business strategy shift. Where reasonably practicable, we will give you notice of any suspension or termination. Notwithstanding the abovementioned, we will under no circumstances be held liable to you for any loss and cost arising from or in connection with the suspension and/or termination of our Services in Meitu. We recommend that you keep a back-up copy of Your Content at all times.

Warranties and Disclaimer

MEITU IS PROVIDED ON AN “AS IS” AND “AS AVALIBLE” BASIS AND NEITHER WE NOR OUR AFFLIATE COMPANIES NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR UNDERTAKINGS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF SERVICES. TO THE EXTENT PERMITED BY LAWS AND REGULATIONS, WE EXCLUDE ALL WARRANTIES.

Liablity For Meitu

TO THE EXTENT PERMITED BY LAWS AND REGULATIONS, WE SHALL IN NO EVENT BE LIABLE TO YOU FOR DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF GOODWILL OR ANY INCIDENTIAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES IN CONNECTION WITH MEITU AND THE SERVICES, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE AGGREGATE LIABILITY OF MEITU FOR ALL CLAIMS FOR ANY LOSS, DAMAGE OR INDEMNITY WHATSOEVER RESULTING FROM YOUR USE OF MEITU SHALL IN NO CASE EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF MEITU TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM.

Governing Law and Dispute Resolution

These Terms, including without limitation its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by the law of the Hong Kong Special Administrative Region, without giving effect to the principles of conflict of law. Any dispute arising from, or in connection with the Contract shall be first settled through friendly negotiation bwteen You and us. In case no settlement to disputes can be reached through amicable negotiation, the disputes shall then be submitted to Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. The arbitration proceedings will be conducted in English. The arbitral award is final and binding upon both parties. The arbitration fees shall be borne by the losing one except otherwise awarded by the arbitration commission.

Governing Language

These Terms may be translated in various language and the English version of these Terms shall prevail and override.

Notices

We may notify you via postings in Meitu, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or our Privacy Policy shall be in writing and addressed to: Meitu, Inc. Attn: Legal, Unit 8106B, 81/F, International Commerce Center, 1 Austin Road West, Kowloon, Hong Kong. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Special Terms for USA User

If you are a user of Meitu in the United States of America, the following terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency that occurs:

If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

EACH OF YOU AND US HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.