Last updated: 2025/05/30
1.Your Relationship With Us
Welcome to Zestr(the “Platform”), which is provided by QUYI TECHNOLOGY PTE.LTD., or one of its affiliates (“Zestr”, “we” or “us”).
You are reading the Terms of Service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. If you do not agree to be bound by all of these Terms, do not access or use the Platform or our Services. Please take the time to read these Terms carefully.
2．Accepting the Terms
By accessing or using our Services, you confirm that you are forming a binding contract with Zestr, that you accept these Terms and that you agree to comply with them and to be bound by them. By using the Services, you consent to the terms of the Terms of Service.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions will supersede and control. If you do not agree to these Terms, you must not access or use our Services.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
These Terms may refer to our Privacy Policy accessible at https://zestrapp.com/agreements/privacy-policy/index.html, which also applies to your use of the Services and Platform. The Privacy Policy is not a part of this contractual agreement between you and us, but you should read it to find out more about how information which we may collect about you is used and stored.
3．Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4.The Platform Services
4.1 Services Content
I.The specific content of this service is provided by us according to actual circumstances, including but not limited to authorizing users to upload photos, match friends, fill in profiles, and conduct social chats through their accounts. We may change the services provided, and the content of the services we provide may be changed at any time; users will receive notifications from us regarding service changes.
II.The services we provide include free services and paid services. Users can purchase paid services through payment. For paid services, we will give users clear prompts before they use them. Only when users confirm according to the prompts that they agree to pay fees in the aforementioned payment method and complete the payment, can they use such paid services. The completion of the payment shall be subject to the confirmation notice of "payment completed" generated by the bank or third-party payment platform.
4.2Statement on Auto-Renewal Service
I.If you have already activated the platform membership subscription service, you may choose to enable the auto-renewal function. After enabling auto-renewal, you authorize Zestr to deduct the membership subscription fee for the next billing cycle (including 1 month, 3 months, and 12 months) from your self-owned recharge account, third-party payment account bound to your user account, bank card, or communication account balance before the expiration of your current subscribed membership service. The Platform will send you an auto-renewal notification 【3】 days in advance before deducting fees for each billing cycle.
II.Statement on Automatic Renewal Service for Members
i. On the premise that you have activated the platform membership subscription service, you may choose to activate the automatic renewal service. After activating the automatic renewal service, you will authorize Zestr to deduct the membership subscription fee for the next billing cycle (including: 1 month, 3 months, 12 months) from your own recharge account, third-party payment account bound to your user account, bank card, or communication account balance when the validity period of your subscribed membership service is about to expire. Zestr will send you an automatic renewal notice 【3】 days in advance before deducting fees for each billing cycle.
ii. Cancellation Policy
A. Users can proactively disable the automatic renewal function through one of the following channels, but at least 24 hours before the current subscription expires:
· Zestr application: Navigate to Account Settings
· Apple ecosystem: iTunes or Apple ID settings
· Google ecosystem: Google Play subscriptions
B. Methods to Cancel Automatic Subscription
For iOS system, close the automatic renewal function by following these steps:
a. Manually open the [Settings] on your iPhone;
b. Go to [iTunes Store & App Store];
c. Tap [Apple ID] to pop up the Apple ID quick menu;
d. Select [View Apple ID] to enter the [Account Settings] page;
e. Select [Subscriptions], find [Zestr], and enter the subscription editing status;
f. Tap [Cancel Subscription], then tap [Confirm] again to complete.
For Google Play cancellation:
a. Log in to the Google Play Store
First, ensure you are logged into your Google account. Open the Google Play Store app, tap the avatar or menu icon in the upper right corner, and enter the account management page.
b. Find subscription management
On the account management page, find and tap the "Subscriptions" option. This will list all services you are currently subscribing to via the Google Play Store.
c. Select and cancel the subscription
In the subscriptions list, find the service for which you want to cancel automatic renewal. Tap to enter the service details page, where you will see information about the subscription cycle, price, and automatic renewal status. On the subscription details page, find and tap "Cancel Subscription" or a similar option. The system may ask you to confirm the cancellation. Read the consequences of canceling carefully and confirm that you indeed wish to cancel.
d. Confirm successful cancellation
After completing the cancellation, the system will display a prompt indicating successful cancellation. To ensure that automatic renewal has been successfully turned off, you can return to the subscription management page to check if the service has been removed from the list.
You can also cancel automatic renewal within the platform:
Tap [Settings], go to [Account & Security], and you will see the [Manage Automatic Subscriptions] button. Tap it to turn off automatic renewal.
5．Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you can reset your password by receiving password recovery SMS via your registered phone number and promptly notify us at quyiofficial@outlook.com.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via quyiofficial@outlook.com, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
6．Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
· access or use the Services if you are not fully able and legally competent to agree to these Terms;
· make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
· distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
· market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
· use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
· interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
· incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
· use automated scripts to collect information from or otherwise interact with the Services;
· impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
· use or attempt to use another’s account, service or system without authorisation from Zestr, or create a false identity on the Services;
· use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
· use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of Zestr or any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful, libelous, inflammatory or otherwise unlawful; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm or give rise to civil liability; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, insult, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist, blasphemous or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any material that is harmful or abusive to children; any material that you do not have a right to transmit under any law or under a contractual relationship; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of Zestr, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Zestr, the Services or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users, or other contents that violate local laws and regulations. Zestr just provides the chat platform and cannot be expected to monitor all the content all the time but will endeavor to take down offensive content when notified. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
7．Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Services and the Platform. Those works are protected by intellectual property laws and treaties around the world, including copyright rules. All such rights are reserved. All trade marks, service marks and logos (the "Trade Marks") displayed on the Platform or when we provide our Services are the exclusive property of Zestr and our affiliates.
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any of our intellectual property rights, including the Trade Marks and Zestr Content (as defined below), or intellectual property rights of third parties. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights belonging to Zestr or a third party.
7.1. Zestr Content
As between you and Zestr, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Zestr Content”), are either owned or licensed by Zestr, it being understood that you or your licensors will own any User Content you upload or transmit through the Services. Use of the Zestr Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Zestr Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Zestr Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Zestr reserves all rights not expressly granted herein in the Services, the Trade Marks and the Zestr Content. You acknowledge and agree that Zestr may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Zestr Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content)
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof, unless privacy setting is applied when you post such content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy, and such disclosure will be pursuant to a legally binding court order.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms; (ii) are contrary to applicable local laws, or (iii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users, please contact us in Zestr APP Feedback in Settings or email to quyiofficial@outlook.com. Before we can respond to your request, you may be required to verify your identity or your account details.
Zestr takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Zestr’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
1. Zestr has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
2. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way;
iii. And You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
8．Indemnity
You agree to defend, indemnify, and hold harmless Zestr, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms. You agree to cooperate fully in the defence of any such claims. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the prior written consent by us.
9．EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
· YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
· YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
· ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
· AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
10．LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR (VI) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF
· ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
· THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
· YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
· OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Zestr’S TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF LIABILITY RELATED TO THE SERVICES WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO Zestr WITHIN THE LAST 12 MONTHS.
11．Using your personal information
The way we use your personal information is set out in the Privacy Policy available at https://zestrapp.com/agreements/privacy-policy/index.html. We will follow our Privacy Policy in relation to personal information collected via our Services.
12. Viruses
We do not guarantee that the Platform and our Services will be secure or free from bugs, viruses, "Trojan Horses", or any other type of malicious code, file or programme, although we deploy reasonable security measures.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
You must not misuse our Services and the Platform by knowingly uploading any content that contains a software virus, a "Trojan Horse" or any other computer code, file or programme that may alter, damage or interrupt the functionality of the Platform or the hardware or software of any person who accesses the Platform and you must take reasonable precautions to ensure that any such uploaded content is screened for such things.
You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to our Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform and our Services will cease immediately.
1. Other Terms
2. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their subject matter and their formation, are governed by the laws of Republic of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC("SIAC 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 Hong Kong. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
3. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
4. Age Limit. The Services are only for people 18years old and over (with additional limits that may be set forth according to applicable law). By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.
5. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
6. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
7. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple.
· These Terms are between Zestr and you; Apple is not a party to these Terms.
· The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
· Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
· In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
· Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
· In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
· You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
· Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
· Zestr expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
· to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play.
· and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Zestr or you (or any other user) under these Terms or the Google Play Terms.
CONTACT US
If you have any questions or concerns, please do not hesitate to contact us via quyiofficial@outlook.com.
QUYI TECHNOLOGY PTE.LTD.
20 EMERALD HILL ROAD SINGAPORE (229302)