FOFO AI TERMS OF SERVICE

By accessing and placing an order with Fofo AI, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Fofo AI.

Under no circumstances shall Fofo AI team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Fofo AI team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Fofo AI will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

License

Fofo AI grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and Fofo AI (referred to in these Terms & Conditions as "Fofo AI", "us", "we" or "our"), the provider of the Fofo AI website and the services accessible from the Fofo AI website (which are collectively referred to in these Terms & Conditions as the "Fofo AI Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Fofo AI Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this policy mentions "Company," "we," "us," or "our," it refers to Fofo AI, operated by FaPlay Limited., with its registered address at Room 1408, No. 33-1, Houjie Sports Road, Houjie Town, Dongguan City, Guangdong Province, China that is responsible for your information under this Terms & Conditions.
• Country: where Fofo AI or the owners/founders of Fofo AI are based, as specified by the legal entity operating Fofo AI
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Fofo AI and use the services.
• Service: refers to the service provided by Fofo AI as described in the relative terms (if available) and on this platform.
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• Website: Fofo AI's site, which can be accessed via this URL:
• You: a person or entity that is registered with Fofo AI to use the Services.

Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app or make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the app.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Fofo AI or its affiliates, partners, suppliers or the licensors of the app.

Prohibited Uses

You agree that you will not, and will not permit any person accessing the Service using your account or device to do any of the following:

• Use the Service in any manner not permitted by these Terms;
• Use the Service for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others;
• Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content, or any content that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
• Copy (except as expressly permitted by these Terms) or modify the Service;
• Frame, mirror, display or incorporate the Service or any portion into any other program, site, service or product;
• Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services;
• Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Service;
• Circumvent, bypass, defeat, modify, tamper or disable any content protection system, digital rights management, security feature or functionality in the Service; or
• Allow others to do any of the foregoing.

Our Intellectual Property Rights

We or our licensors retain and exclusively own all rights, title and interest in and to the Service and its content (including software, artwork, photos, videos, music, sounds, text, information and other materials posted, provided or otherwise made available through the Service, but excluding any User-Generated Content), including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Service.

We reserve all rights not expressly granted to you under these Terms.

User-Generated Content

The Service or one or more Promotions (as defined below) may provide features that allow you to upload, store, receive, create, modify, share or publish textual, visual, audio or other content (collectively, the “User-Generated Content”).

We do not claim any ownership rights to the User-Generated Content.

In order to allow us to operate, provide you with, and improve the Service and our technologies (and to develop new ones), we must obtain from you certain rights related to User-Generated Content that is covered by intellectual property rights. You hereby grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Service or new technologies or services, except that we will only use your User-Generated Content to improve the performance of machine learning models with your prior consent, all in accordance with the applicable privacy policy. You will not be entitled to compensation for any use of User-Generated Content by us under these Terms.

You are solely responsible for the User-Generated Content, and you represent and warrant that such content will not infringe upon or violate the rights of any person, that it complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the license in the paragraph above and to upload, store, receive, create, modify, share or publish the User-Generated Content on or through the Service and, when applicable, in connection with the Promotion.

Generative AI Features

The Service may enable you to use certain features that implement one or more generative artificial intelligence models or tools (the “Generative AI Features”). The Generative AI Features may allow you to insert or upload as images (“Input”). Based on the Input, you may generate and receive as output content such as images, video or (“Output”). Your Input and Output are considered User-Generated Content under these Terms and, as between you and us, your Input and Output are yours.

Without limiting section 6 (Prohibited Uses), when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following:

• Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
• Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
• Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), (c) attempts to override or circumvent safety filters or intentionally drive the Generative AI Features to act in a manner that contravenes these Terms or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and (e) generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others;
• Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition or certain firearms accessories;
• Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status or any other characteristic that is associated with systemic discrimination or marginalization; or
• Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.

Types of data, how data is used, and retention: Activities that we perform only with your consent

When performed, the following activities are performed only with your consent. This means it’s up to you to decide whether or not to provide your personal data, and you have the right to withdraw your consent at any time. If you choose not to provide your data, you’ll still be able to enjoy the app's services and features.

a) Editing Improvement & AI training

In some jurisdictions, only with your consent, we may use personal data to improve our photo-video editing and generative features in Fofo AI and other apps provided by us and our subsidiaries and to offer a better service. For example, we may use your images and videos to train and validate our photo-video editor algorithms.

Categories of data. The following data is used:

• Images and videos you upload
• Face data processed to generate AI images
• Enhanced images and videos and AI images generated by Fofo AI

While face data may be considered biometric data in some jurisdictions, the technologies we implement in the app don’t identify or authenticate people in the images or videos you upload, nor are we training our technologies to do so. We don’t collect or use face data of US-based users to improve our photo-video editing and generative features, nor to train our photo-video editor algorithms.

Legal basis. Where this activity is performed, it is based on your consent (Article 6.1.a GDPR and Article 9.2.a GDPR). Without your explicit consent, we don't perform this activity. You can check and update the permissions you've granted at any moment in the app’s privacy settings.

Storage. When we retain images and videos that you upload, face data, images and videos enhanced, and AI images generated by Fofo AI for the purpose of improving our photo-video editing and generative features, this data is retained for a maximum of one (1) year from the collection. After this period, unless any legal obligations require that the data is retained for longer, the data is either deleted or anonymized.

b) Image generation improvement

Only with your consent, when you report issues about the AI generation, we may use your images and videos to check and rectify the reported issues and improve the generation of future images.

Categories of data. The following data is used:

• Images and videos you upload when reporting issues about the AI generation

Legal basis. This activity is based on your consent. Storage. We retain the data used for this purpose up to thirty (30) days from the upload.

c) Marketing

We use your personal data to carry out marketing activities and to send you information and marketing communications about our apps (such as tips, offers, and newsletters) through emails and push notifications.

Categories of data. The following data is used:

• User identifiers (such as Apple ID) and mobile identifiers (such as IP address, device identifiers, and custom identifiers that we generate to identify our users)
• Information about your interaction with the app
• Inferences we generate about your use of and experience with the app

We’ll send you push notifications only if you grant the relevant permission by enabling push notifications on your mobile operating system settings.

Legal basis. These activities are based on your consent.. Without your explicit consent, we don't perform these activities. You can check and update the permissions you've granted any moment in the app’s privacy settings. When we use your email to send you information about products and services related to or similar to the app (“soft opt-in”), the legal basis is our legitimate interest.

Storage. We retain personal data used for this purpose for a maximum of two (2) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Upon the expiry of the retention period, unless any legal obligations require that the data is retained for longer, the data is either deleted or anonymized.

Types of data, how data is used, and retention: Activities that we perform only in extraordinary circumstances

Although it doesn’t happen by default, your personal data may be processed in certain extraordinary circumstances that aren’t related to the functioning of the product. These extraordinary circumstances are as follows:

a) Extraordinary circumstances: For compliance with legal obligations

Your personal data may be used to comply with our legal obligations, including requests from public authorities, and to prove that we have complied with them, such as in the event of a request from a public authority.

Categories of data. We may process any kind of information that may be required by law or under the instructions of public authorities.

Legal basis. When this activity is required by a specific legal obligation, your personal data may be used to the extent required to comply with the legal obligation itself. When the applicable law leaves some discretion in assessing the appropriate way to comply with it, your personal data is used based on our legitimate interest to prove our compliance.

Storage. We retain personal data used for this purpose for a maximum of five (5) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Specific legal obligations might require different retention periods and, in such cases, those different periods will apply. Upon the expiry of the retention period, the data is either deleted or anonymized.

b) Extraordinary circumstances: For defense

Your personal data may be used to establish, exercise, or defend our rights and those of our employees, and to carry out corporate transactions or operations. For example, your data may be processed in the event of bankruptcy, merger, acquisition, reorganization, and sale of assets or assignments, and the due diligence related to any such transactions.

Categories of data. We may process any kind of information necessary to ensure the correct execution of the activity.

Legal basis. This activity is based on our legitimate interest to establish, exercise, or defend our rights, and to carry out corporate transactions or operations.

Storage. We retain personal data used for this purpose for a maximum of ten (10) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Specific legal obligations might require different retention periods and, in such cases, those different periods will apply. Upon the expiry of the retention period, the data is either deleted or anonymized.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Fofo AI with respect to the app shall remain the sole and exclusive property of Fofo AI.

Fofo AI shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Fofo AI. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

Fofo AI uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that Fofo AI may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Fofo AI’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Fofo AI when you stop using the Service. You acknowledge and agree that if Fofo AI disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

Modifications to Our app

Fofo AI reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.

Updates to Our app

Fofo AI may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the app. You agree that Fofo AI has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the app and (ii) subject to the terms and conditions of the Agreement. The app offers weekly and annual subscriptions, which automatically renew unless canceled before the end of current period. For details, please see our Refund Policy.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").

You acknowledge and agree that Fofo AI shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Fofo AI does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or Fofo AI.

Fofo AI may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Fofo AI, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.

Termination of this Agreement will not limit any of Fofo AI's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Fofo AI and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Fofo AI, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Fofo AI provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Fofo AI nor any Fofo AI's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of Fofo AI are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Fofo AI and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app.

To the maximum extent permitted by applicable law, in no event shall Fofo AI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Fofo AI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You may only upload photos and images that you own or for which you have obtained all necessary rights and permissions. By uploading any content, you represent and warrant that you have the legal right to use and share such content, and that your upload does not infringe or violate the rights of any third party. You are solely responsible for all content you upload. You may also report contents by using the in-app flagging option or by contacting us directly.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Fofo AI on the Services, shall constitute the entire agreement between you and Fofo AI concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Fofo AI's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Fofo AI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

o failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Fofo AI reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Fofo AI.

Entire Agreement

The Agreement constitutes the entire agreement between you and Fofo AI regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Fofo AI.

You may be subject to additional terms and conditions that apply when you use or purchase other Fofo AI's services, which Fofo AI will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fofo AI, its licensors or other providers of such material and are protected by TR and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Fofo AI, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Dispute Resolution

This section applies to any dispute, which means any disagreement, action, or controversy between you and Fofo AI concerning the Services or this Agreement, whether based on contract, warranty, tort, statute, regulation, or any other legal or equitable basis.

Notice of Dispute

In the event of a dispute, you or Fofo AI must give the other party written notice of the dispute, including the name and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to us. We will send any Notice of Dispute to you by mail if available, or otherwise via email. The parties will attempt to resolve the dispute through informal negotiation within fifty (50) days from the date the notice is sent.

Governing Law and Jurisdiction

If the dispute is not resolved through informal negotiation within fifty (50) days, either party may bring an action in court. This agreement shall be governed by and construed in accordance with the laws of the China, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to this agreement shall be brought exclusively in the competent courts and enforcement offices of Izmir, China, and the Parties hereby consent to the personal jurisdiction and venue of such courts.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Fofo AI without any compensation or credit to you whatsoever. Fofo AI and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

Fofo AI may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Analytics and Tracking Using Microsoft Clarity

1. Use of Microsoft Clarity for Analytics: Our application uses Microsoft Clarity, a web analytics service provided by Microsoft Corporation, to better understand the behavior of our users on our platform. This service helps us in analyzing user interactions and improving the overall user experience.
2. Data Collected by Microsoft Clarity: Microsoft Clarity captures data such as mouse movements, scrolling behavior, clicks, and other interactions on our platform. This information is used to create heatmaps, session recordings, and provide analytics insights.
3. Purpose of Data Collection: The data collected through Microsoft Clarity is solely for analytics purposes, such as understanding user engagement and improving website functionality. This data is not used for creating user profiles for advertising or other non-analytical purposes.
4. Compliance with Data Protection Laws: We comply with all applicable privacy and data protection laws. Our use of Microsoft Clarity adheres to these laws, including the General Data Protection Regulation (GDPR) for our users in the European Union.
5. Your Consent: By using our application, you consent to the processing of data about you by Microsoft Clarity in the manner and for the purposes set out above.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Fofo AI. Fofo AI will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Fofo AI operates and controls the Fofo AI Service from its operating offices. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Fofo AI Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Fofo AI Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Fofo AI concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

Fofo AI is not responsible for any content, code or any other imprecision.

Fofo AI does not provide warranties or guarantees.

In no event shall Fofo AI be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Fofo AI Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Fofo AI is a distributor and not a publisher of the content supplied by third parties; as such, Fofo AI exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Fofo AI Service. Without limiting the foregoing, Fofo AI specifically disclaims all warranties and representations in any content transmitted on or in connection with the Fofo AI Service or on sites that may appear as links on the Fofo AI Service, or in the products provided as a part of, or otherwise in connection with, the Fofo AI Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Fofo AI or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Fofo AI does not warrant that the Fofo AI Service will be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don't hesitate to contact us if you have any questions.

• Via Email: faplayteam2025@gmail.com
• For Web: https://fofoai.top/