User Service Agreement

Welcome to Use Leaptic Product and the Service

Shenzhen Photon Leap Technology Co., Ltd (“Photon Leap”) hereby reminds you (hereinafter referred to as the "User" or “You”) to carefully read and fully understand the User Service Agreement (hereinafter referred to as this "Agreement"). The user shall carefully read and fully understand the terms of this Agreement, in particular those relating to the exemption or limitation of our liability, dispute resolution and applicable laws. Your attention is drawn to the terms relating to the exemption or limitation of liability, which have been marked in bold. Please read carefully and choose to accept or not accept this Agreement (a minor should be accompanied by his/her legal guardian while reading this Agreement). By downloading, installing and using the Product and Service, as well as obtaining and logging in your account, you agree to accept this Agreement and to be fully bound by its terms.

1. General Provisions and Important Notice

1.1 This Agreement is the agreement concluded by and between you and Photon Leap and its operation partner concerning the User's using of our "Leaptic” product, downloading, installation and using of the "Leaptic” website and software of Photon Leap via computers or our camera products and use of relevant services of Photon Leap (hereinafter referred to as the "Product and Service").

1.2 The Product and Service are provided by Photon Leap for installation on (including but not limited to) mobile smart terminal devices or computers, to provide Photon Leap services for the User who uses the said terminal.

1.3 This Agreement is entered into jointly by you and us and is legally binding on both you and us. Under this Agreement, our contractual entity may change due to adjustments in our business operations. The new entity will continue to perform this Agreement jointly with you and provide services to you. Such change of our entity will not affect your rights under this Agreement. In the event of any dispute, you may determine the entity performing this Agreement and the counterparty to the dispute based on the specific services you use and the specific entity whose conduct affects your rights.

1.4 Our services are available in various regions where their use is permitted by applicable laws and regulations worldwide. You are responsible for ensuring that your location allows the lawful use of our products and services.

SPECIAL REMINDER: THIS AGREEMENT IS A GENERAL USER SERVICE AGREEMENT THAT APPLIES UNIFORMLY. WE MAY FORMULATE SEPARATE AGREEMENTS AND RULES FOR SPECIFIC PRODUCTS OR SERVICES, AND YOU SHOULD READ AND AGREE TO THEM IN FULL BEFORE USING SUCH PRODUCTS OR SERVICES. WHEN USING PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES ON OUR PLATFORM, YOU SHALL COMPLY WITH THE RULES OF SUCH THIRD PARTIES IN ADDITION TO THIS AGREEMENT.

2. Access to this Product and Service

3. Installation and Uninstallation of this Product and Service

4. Product and Service Updates

5. Usage Specifications

5.1 Our Product and the Service provide you with, including but not limited to, the following functions: you may connect to and control the camera products produced by us, manage the content of the cameras (including but not limited to modifying or deleting videos, images, text, and other content stored in the cameras, and sharing such content to our servers or other third-party platforms), as well as use other Product and the Service that we provide.

5.2 The methods published on our official website and other official methods are the only lawful means of downloading, registering, logging in, and using our Product and the Service. Any of our Product and the Service (including but not limited to accounts, gifts, downloads, and other benefits) obtained by you through any other channel, method, or means shall be deemed illegally obtained. We do not acknowledge the validity of such acquisition, and upon discovery, we have the right to immediately delete, cancel, or suspend the relevant account, and you shall bear all adverse consequences arising therefrom.

5.3 You understand and acknowledge that the usage records, subscriptions, favorites, points, experience values, virtual gifts, downloads, and other derivatives obtained by you through the use of our Product and the Service do not confer any ownership rights upon you. We grant you a license to use such derivatives in accordance with the relevant rules established by us, but we shall not bear any liability for any compensation in relation to the foregoing derivatives.

5.4 You understand and acknowledge that any risks that may arise after you make payments or top-ups within our Product and the Service through third-party payment tools (including but not limited to unlawful activities conducted by criminals using your account, bank card, or other value cards) may cause you corresponding losses. We shall not be liable for any of the aforementioned risks or losses.

5.5 When you use the artificial intelligence (“AI”) generative functions/services provided by our Product and Service, you acknowledge and agree that all content generated by such functions/services is produced by AI models. We make no warranties as to the authenticity, legality, intellectual property ownership, accuracy, completeness, or functionality of the generated content, and such generated content does not represent our attitudes or views. The Product and Service we provide are based on the accumulation of information permitted by applicable laws and regulations, including but not limited to publicly available information on the Internet, and have undergone continuous automated and manual filtering of sensitive data; however, we do not rule out the possibility that certain information may contain defects, be unreasonable, or cause discomfort. Should you encounter such situations, you are welcome and encouraged to contact us at any time through the contact methods provided on our platform or by sending an email to: gzyqgf@leaptic.tech.

5.6 Leaptic App Account

5.6.1 To use Leaptic Product and Service, you may need to register a Leaptic account (“Your Account”) and fill in some necessary information when registration.

5.6.2 By creating an account or using Leaptic Services, you confirm that you accept this Agreement. You also confirm that:

1. You have reached the age of majority in the location where you reside; or

2. You are younger than the age of majority in the location where you reside (hereinafter referred to as “Minor”), and you represent that you have reviewed this Agreement with your parent or legal guardian before using the Product and Service and that you and your parent or guardian understand and consent to this Agreement. If you are a parent or guardian of a Minor who is using the Product and Service, you accept and agree to: (i) supervise the Minor's use of the Product and Service; (ii) assume all risks associated with the Minor’s use of the Product and Service, (iii) assume any liability resulting from the Minor’s use of the Product and Service; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Product and Service.

5.6.3 Subject to laws and regulation of the country where you reside, you shall provide us accurate and complete information when you create your account and update your account if any of your information changes.

5.6.4 We specifically remind you to keep your account information, especially your password secure. If you find that your account or password has been used illegally by others or has been used abnormally, you shall contact us, as soon as you notice the illegal use. You understand and agree that you assume full responsibility for the authenticity, legality, and validity of the information you provided for the registration of Leaptic APP account.

5.7 Subject to the laws and regulation of the country where you reside, and User shall not commit the following acts:

5.7.1 Delete any copyright information on the Product and Service and other copies, or modify, delete or circumvent the technical measures set by the Product and Service for the protection of intellectual property rights;

5.7.2 Perform reverse engineering of the Product and Service, such as disassembly, decompilation or other attempts to obtain the source code of the Product and Service;

5.7.3 Add, remove or change the features or running effects of the Product and Service by modifying or forging the instructions and data during the running of the Product and Service, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;

5.7.4 Use the Product and Service to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others and delete, modify or add any information stored; unauthorized attempts to detect, scan or test the Product and Service system or network weaknesses or do other things that destruct network security; attempt to interfere with or destruct the normal operation of the Product and Service system or website, deliberately spread malicious programs or viruses, or carry out other acts that destruct or interfere with normal network information services; forge the name or partial names of TCP/IP data packet;

5.7.5 The User logs in or uses the Product and Service and services through third party compatible software or systems not developed, authorized or approved by Photon Leap, or makes, publishes or disseminates the above tools;

5.7.6 Without the written consent of Photon Leap, the User does anything on the Product and Service or the information contained therein, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror image website, or unauthorized use of the Product and Service to develop related derivative products, works, services, plug-ins, compatibility or interconnection;

5.7.7 Use the Product and Service to publish, transmit, disseminate or store any content that violates local laws and regulations;

5.7.8 Use the Product and Service to publish, transmit, disseminate or store any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others;

5.7.9 Use the Product and Service to publish, transmit or disseminate advertising information or spam in bulk;

5.7.10 Use the Product and Service and other services provided by Photon Leap, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the licensed usage under this Agreement;

5.8 Subject to the laws and regulation of the country where you reside User shall comply with Information Publication Specifications:

5.8.1 You may use the Product and Service to publish information such as views, data, text, information, user names, pictures, photos, personal information, audio or video files, links and so on that are created by you or that you have the right to publish. You must guarantee that you have the intellectual property rights or you have obtained the legal authorization of the information uploaded by you, and that your use of the Product and Service and services does not infringe any legitimate rights or interest of any third party.

5.8.2 While using the Product and Service, you are required to comply with local laws and regulations.

5.8.3 You shall not use the Product and Service to commit the following acts, including but not limited to

5.8.3.1 Produce, reproduce, publish, disseminate or store any of the following contents that violate local laws and regulations;

5.8.3.2 Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;

5.8.3.3 Make up the fact or conceal the truth to mislead or deceive others;

5.8.3.4 Publish, transmit or disseminate advertising information or spam;

5.8.3.5 Engage in other acts that violate local laws and regulations and so on.

5.8.4 Without the permission of Photon Leap, you shall not carry out any commercial conduct in the Product and Service, such as advertising, selling merchandise.

5.9 You understand and agree that:

5.9.1 Photon Leap will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;

5.9.2 Photon Leap will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed Product and Service;

5.9.3 If you violate the above-mentioned usage specifications and thus cause damages to third parties, you need to assume the liability in your own name independently and to hold Photon Leap harmless from and against any loss or expense arising therefrom;

5.9.4 The User shall indemnify and hold harmless Photon Leap from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by Photon Leap resulting from the User's violation of relevant laws or breach of this Agreement.

5.10. You agree that we may place commercial advertisements or any other type of commercial information in the course of providing the Services in the Product and Service in various ways (including, but not limited to, placing advertisements in any location on our Platform, placing advertisements in the content you upload or transmit), and you agree to accept that we may send you promotional or other relevant commercial information. While we send the aforesaid information to you, we will provide you with convenient subscription method. If you do not need to receive the aforesaid information, you may choose to unsubscribe from relevant services according to the prompt.

6. Scope of Product and Service Licensing

6.1 Subject to your consent to this Agreement and Leaptic Privacy Policy, Photon Leap grants the User a personal, non-transferable and non-exclusive license to use the Product and Service without the right to sublicense.

6.2 The User can install, use, display and run the Product and Service on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use or run the Product and Service for commercial operation purposes. The User shall not copy, alter or modify any data of the Product and Service, or any data released to the memory of any terminal device during the running of the Product and Service and the interactive data generated between the client and the server during the running of the Product and Service, or run the Product and Service with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, access to the Product and Service and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the Product and Service commercially, e.g. software pre-installation and bundling, you must obtain the written authorization and license from Photon Leap.

6.3 Without the permission of Photon Leap, the User shall not install the Product and Service on other terminal devices that are not expressly permitted by Photon Leap, including but not limited to set-top boxes, game consoles, televisions, DVD players and so on.

6.4 The User may make a copy of the Product and Service for the purpose of using the Product and Service and services, but it shall be used only as a backup. The backup copy must contain all the copyright information contained in the original software.

6.5 Except as expressly authorized by this Agreement, Photon Leap does not grant other rights to the User. If the User intends to use any other right, the written consent from Photon Leap shall be obtained in advance.

7. Disclaimer and Limitation of Liability

7.1 Limitation of Liability

7.1.1 To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Product and Service is at your sole risk and the we expressly exclude all liability, loss, or damages incurred by you, or any other person, whether in contract, tort (including negligence) or under any other theory, for any of the following:

(a) loss of profits, income, revenue, data, or goodwill; and

(b) special, indirect or consequential loss or damage. The limitations and exclusions in the Agreement will apply whether or not Photon Leap has been advised of or should have been aware of the possibility of any losses arising therefrom.

7.1.2 If you are dissatisfied with any aspect of the Product and Service at any time, your sole and exclusive remedy is to stop accessing and using the Product and Service. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the Photon Leap's total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence) or under any other theory exceed the total payment you made for using the Product and Service or FIFTY US DOLLOARS ($50), whichever is less. You acknowledge and agree that the disclaimers and limitations of liability expressed in the Agreement are fair and reasonable.

7.2 Disclaimer

7.2.1 To the maximum extent permitted by applicable laws in your jurisdiction, we are not liable to you or to anyone else for any liability, loss, damages or compensation if you are unable to access or use the Product and Service due to:

(a) Any suspension or termination of the Services by Photon Leap to enable maintenance work or updates to systems, software or hardware to be carried out;

(b) Any delay or failure of a system or network communication that is owned or controlled by someone other than Photon Leap;

(c) Photon Leap is not liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or mobile terminal device failure, system instability and other various force majeure factors.

(d) The Product and Service, like most other Internet software, may be affected by factors including but not limited to user reasons, network service quality, social environment differences, etc., and may also be subject to the harassment relating to various security problems, such as the usage of data of the User by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User contain "Trojan horse" and other viruses, threatening the security of the User's terminal device information and data, and then affecting the normal use of the Product and Service. The User shall enhance the awareness of information security and user data protection, and pay attention to strengthening password protection, so as to avoid loss and harassment.

(e) When the User uses the Product and Service or requests Photon Leap to provide specific services, the Product and Service may call a third-party system or software to support the User's use or access. The results of the use or access will be provided by the third party. Photon Leap does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Photon Leap assume any other uncertain risks; if any dispute or damage is caused thereof, Photon Leap will not assume any liability.

(f) Any other reason beyond Photon Leap 's reasonable control.

7.3 The laws of some jurisdictions do not allow certain warranties, guarantees or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law. Nothing in the Agreement affects your rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.

8. Statement to Liability to Third Parties

9. Intellectual Property

9.1 Unless otherwise specifically stated, we legally hold the copyrights, patents, trademark rights and other related intellectual property and legal rights and interests of the contents (including but not limited to interfaces, texts, pictures, audio, video, graphics, etc.) of the Product and Service provided by us under this Agreement, the computing programs which supports the provision of the products and services, as well as trademarks and other commercial logos used on the Product and Service.

9.2 The intellectual property rights of the above and any other Product and Service provided by us are protected by law. No one may use or create derivative works in any form without our prior written permission or the prior written permission of related rights holders.

9.3 You must ensure that you own the copyright or are legally authorized to use the content that you submit or post on our Product and Service. Unless proven to the contrary, by submitting or posting content using our Product and Service, you have the right and agree to grant us a worldwide, non-exclusive, sub-licensable, transferable, free of charge, limited right to: (1) store, use, post, reproduce, modify, adapt, publish, translate, create derivative works based on, transmit, perform, display, and distribute the Content on our Product and Service; (2) incorporate the Content, in whole or in part, into any other work, media, or technology of any kind for tutorial, promotional purpose.

9.4 You acknowledge, understand, and agree that when you use the video editing or other similar functions in our Product and Service, your use of the music materials provided by our software is limited to your personal, non-commercial purposes only. You shall not upload such music materials separately, outside of our Product and Service, to any third-party platform or product, nor shall you use any content containing such music materials that you produce through our Product and Service for commercial purposes. If your use of the aforementioned music materials in violation of this Agreement causes losses to us or any third party, you shall bear all liabilities arising therefrom.

9.5 When you use the AI-generated features/services provided by our products/services, you agree and warrant that you have the lawful rights or have obtained the necessary authorization for the content you upload, and that such content does not infringe upon any third party’s intellectual property rights or other lawful rights and interests, nor violate any applicable laws or regulations. If the content you upload infringes upon the lawful rights of any third party, including but not limited to intellectual property rights or privacy rights, we reserve the right to suspend or terminate the provision of services to you in accordance with relevant regulations, and you shall bear all adverse consequences and liabilities arising therefrom.

9.6 DMCA Copyright Infringement Notice

We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to infringing material. If you have a good faith belief that copyrighted material on the Product and Service is being used in a way that infringes a copyright over which you are authorized to act, you may make a Notice of Infringing Material. Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. Normally, your notice must include the following:

• Your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

• Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (“User Content”) presented on the Product and Service, a representative list of such works.

• Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on the Product and Service (including the provision of links thereto).

• Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.

• A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.

• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices must be sent to: gzyqgf@leaptic.tech.

10. Change, Termination of Product and Service

11. Applicable Law and Dispute Resolution

11.1 If you reside in the United States, this agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and us both consent to venue and personal jurisdiction in San Francisco, California.

11.2 If you reside in European Economic Area, and the United Kingdom, you agree that this agreement shall be governed in all respects by Dutch law, without regard to the choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods. Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the use of Product and Service shall be resolved and exclusively in the competent courts of Amsterdam, the Netherlands. If you have a complaint, please contact us via gzyqgf@leaptic.tech. In addition, you have the right to initiate a mediation procedure by contacting the mediator (s) as follows: Association des médiateurs européens (197, Boulevard Saint-Germain, 75007 PARIS, téléphone: 09 53 01 02 69), https://www.mediationconso-ame.com/. The mediator(s) will attempt to, independently and impartially, reach an amicable resolution of the dispute. In case of mediation, each party is free to accept or reject the solution proposed by the mediator.

11.3 If you reside in the country or region other than the countries in article 11.1and 11.2 this Agreement is governed in all respects by the law of the People’s Republic of China. In this situation, any dispute arising out of or in connection with this Agreement or use of Product and Service, shall be referred to and finally resolved by arbitration administered by the Shanghai International Arbitration Centre (“SHIAC”) in accordance with the Arbitration Rules of the Shanghai International Arbitration Centre (“SHIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Shanghai. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be Chinese.

12. Other Provisions

Welcome to Use Leaptic Product and the Service

1. General Provisions and Important Notice

2. Access to this Product and Service

2.1 You may access this Product and Service from our official channels and other channels authorized by Photon Leap including Photon Leap’s official websites, Photon Leap’s official application distribution platform as well as third-party websites and application distribution platforms authorized by us.

2.2 The User shall download and install the Product and Service from the website or in the manner designated by Photon Leap. Be aware not to download the Product and Service on unspecified websites, so as to prevent mobile devices from infecting malicious programs that can destroy user data and acquire user privacy information. If you access this Product and Service through a third party without authorization by Photon Leap or use a different installation program which bears the same name as this Product and Service, Photon Leap cannot guarantee that such software will function normally and shall not be liable for any loss you incur in connection therewith.

3. Installation and Uninstallation of this Product and Service

3.1 The User must select the Product and Service version that matches the terminal device installed. Otherwise, any software problems, device problems or damages resulting from mismatch between the Product and Service version and the device model shall be solely assumed by the User.

3.2 The content of this Product and Service provided by Leaptic available to Users may vary from region to region due to reasons such as strategic arrangement or adjustment. As for the specific content of this Product and Service, please refer to the Product and Service actually provided by Leaptic.

3.3 You may uninstall this Product and Service if you no longer need this Product and Service or you need to install a new version of this Product and Service.

3.4 After the new version of the Product and Service is released, Photon Leap does not guarantee that older versions of the Product and Service will continue to be usable.

3.5 In order to improve User experience and optimize service content, Photon Leap reserves the right to provide replaced, modified and upgraded version of the Product and Service, and also reserves the right to charge for such replacement, modification or upgrading, but will obtain your consent in advance for such charges. The Product and Service will enable "upgrade prompt" feature by default for the User. Depending on the Product and Service version used by the User, Photon Leap provides the User with the discretion to or not to enable the said feature.

4. Product and Service Updates

4.1 In order to improve user experience and service content, we will constantly strive to develop new services and may provide you with Product and Service updates from time to time.

4.2 We have the right to update this Product and Service or to change certain functions of this Product and Service in order to improve user experience or to improve the security of this Product and Service or to ensure consistency of its functions. Your continued use of the new version of the products or services shall be deemed as your acknowledgment of the updates and functional changes to the products or services, and your agreement to comply with the latest applicable rules.

4.3 The old version of this Product and Service may become unavailable after a new version is released. Photon Leap does not guarantee that the old version of this Product and Service will continue to function, nor that you can obtain appropriate customer service and maintenance with respect to old versions of this Product and Service. Please check and download the most updated version of this Product and Service in time.