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End User License Agreement

Edraw Software End User License Agreement

IMPORTANT: THIS IS A LICENSE, NOT A SALE

This Edraw Software End User License Agreement (Agreement or License or EULA) is between the end user (hereinafter referred to as You or Licensee), and SHENZHEN EDRAW SOFTWARE Co., LTD and its subsidiaries YEABO LIMITED and other related companies (collectively referred to as Edraw, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Edraw Software or Software).

IMPORTANT: Edraw's PRIVACY POLICY EXPLAINS HOW WE COLLECT, TREAT YOUR PERSONAL DATA AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND SERVICES. BY USING OUR SOFTWARE AND SERVICES, YOU AGREE THAT Edraw CAN USE SUCH DATA IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY Edraw ON ITS WEBSITE. BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE, DOCUMENTATION, COLLECTIONS FROM Edraw EFFECTS STORE (COLLECTIVELY "SOFTWARE"), YOU ALSO AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.

Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses, including but not limited to Articles 3, 5, 14, 15, 16, and 19. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Edraw. Any installing, copying, accessing, or using of the Licensed Software by you (the "Licensee") constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.

TERMS AND CONDITIONS:

1. LICENSED SOFTWARE

The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: third-party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software ("Documentation"); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.

2. GRANT OF THE LICENSE

Subject to the terms and conditions of this Agreement and your payment of the license fee, Edraw hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on three devices at most solely for your personal, private and non-commercial use, except as otherwise provided in this Agreement or additional EULA. Sharing the Software with others or allowing others to view the contents of this Software is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to any other user, unless you have purchased a multi-user license from Edraw in advance. Edraw reserves all the rights not expressly granted to You in this Agreement.

Regarding the "Edraw” software, there are two kinds of licenses: Edraw Individual Plan, which is intended for individual use only, and Edraw Business Plan, which is intended for both individual use and business entity use. You can refer to the ADDITIONAL EULA TERMS (EDRAW) for more information.

3. LICENSE RESTRICTIONS

  • The Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation; and
  • The Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Licensed Software or Documentation; and
  • The Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and
  • The Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case, the Licensee must destroy the last version); and
  • The Licensee may not and agrees not to or enable others to use the Licensed Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage; and
  • The Licensee may not and agrees not to or enable others to remove or obscure the Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that the Licensor has included in the Licensed Software or Documentation; and
  • The Licensee may not and agrees not to or enable others to use the Licensed Software to host applications for third parties as part of a facility management, timesharing, service provider, or service bureau arrangement; and
  • The Licensee may not install the Licensed Software on other devices after the Licensed Software has been installed on three devices without the Licensor's prior consent; and
  • The Licensee may not and agrees not to or enable others to use the Licensed Software in any manner that is illegal or not authorized by this EULA.

4. INSTALLATION

The Licensee can only install the Licensed Software on three devices at most. The Licensee must be the primary user of the devices on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on more devices is prohibited. The Licensee may purchase and install multiple licenses if the Licensee wants to install software on more devices. The Licensee shall be solely responsible for all expenses incurred in the Licensee's installation and use of the Licensed Software.

5. SOFTWARE IMPROVEMENT PROGRAM

Edraw is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Edraw.

In order to provide and improve the software, its features, and user experience, we will automatically collect, maintain, process, and use information concerning the way the various modules and functionalities of Edraw software are being used. Information is also gathered anonymously for the purpose of statistical analysis of Software usage.

We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded, or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.

6. ACTIVATION

The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits the Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices, and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn't complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If the Licensee has any problem with the activation process, the Licensee may contact the Licensor customer service for support.

7. EVALUATION COPY

Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the "Evaluation Copy"). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, the Licensee has to purchase a valid license activation key. From the moment that the Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy, and all the terms of this Agreement shall commence to apply in their entirety.

8. TERM

There are several kinds of Licenses that the Licensee may choose to purchase. If you choose to purchase a perpetual license, you have the right to use specific major versions of the Software indefinitely unless in contradiction with other terms. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof, immediately after the termination of the License.

9. LICENSE TRANSFER

The Licensee may not rent, lease, lend, sell, assign, sublicense, redistribute, or transfer the Licensed Software or the License granted by this EULA without the prior written consent of the Licensor.

10. SOFTWARE UPDATES

Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if the Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete, or otherwise modify any aspect of the Licensed Software. "Content Update" shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, the Licensee must possess a valid License to the previous version. Any update provided by the Licensor to the Licensee is made on a License exchange basis such that the Licensee agrees, as a precondition for receiving an Update, that the Licensee will terminate all of the Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions without any notice to the Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit the Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music tracks, elements, pictures, and videos or delete original functions, music tracks, elements, pictures, and videos in the Update Software or Upgrade Software.

The services and contents under this Software provided by Edraw may include services or contents for which Edraw has obtained authorization from the rightful owners or third-party licensors. Therefore, pursuant to the authorization granted to Edraw by the aforementioned rights holders, Edraw may impose restrictions or limitations on the specific term, content, geographical scope, and terminal devices for your use of the services or contents. This may result in your temporary or permanent inability to access the relevant services or contents in certain regions, times, or on specific devices, or the inability to access all or partial of the services or contents. Notwithstanding any provisions between you and Edraw, Edraw shall not be held responsible or liable for any losses or damages incurred by you or any other third-party licensors due to the aforementioned reasons.

Due to the unique nature of internet services, legal and regulatory requirements, or changes in authorization, Edraw may, in its sole discretion, at any time and from time to time, in whole or in part, dynamically modify, update, change, interrupt, suspend, discontinue, or terminate the products, videos, audios, images, and other services or contents provided by Edraw ("Product Content") in accordance with changes or modifications in laws and regulations, requirements of rights holders or third-party licensors, authority requirements/decisions, or other third-party complaints. This includes, but is not limited to, Edraw's right to temporarily or permanently remove or update all or part of the Product Content with or without notice in advance. Notwithstanding any provisions between you and Edraw, Edraw shall not be required to obtain your prior consent or be held responsible or liable for any loss or damages incurred by you due to your inability to access the relevant Product Content, whether due to the aforementioned reasons or any other reasons.

11. INTELLECTUAL PROPERTY OWNERSHIP

The Licensed Software and any authorized copies that the Licensee makes are the intellectual property of, and are owned by, the Licensor and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including, without limitation, the copyright laws of the People's Republic of China, the United States, and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.

The Licensee can develop plug-ins properly based on the open interface protocol of the Licensed Software and use them in the licensed software based on the licensee‘s individual legitimate needs, but firstly, the licensee must obtain explicit and prior written authorization from the Licensor. If the Licensee fails to get the aforementioned authorization, all the legal liabilities, including but not limited to any loss of or damage to any third party, will be solely borne by the Licensee.

12. SUPPORT

The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, as well as upgrade and maintenance coverage.

13. TERMINATION BY Edraw

Subject to the terms and conditions stipulated in Article 8, Edraw shall be entitled to terminate this EULA immediately upon serving written notice on the Licensee in the following circumstances: if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Edraw. Termination of this EULA shall not affect any rights, obligations, or liabilities of either party that have accrued before termination or that are intended to continue to have effect after termination.

14. NO WARRANTY ON LICENSED SOFTWARE

THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, AND EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR AND THE LICENSOR AFFILIATES MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.

SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO AS “RESTRICTED FUNCTIONS”) ARE ONLY SUPPORTED BY USING THE THIRD-PARTY PLUG-INS THAT HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT IS YOU, NOT THE LICENSOR, WHO ARE USING THE THIRD-PARTY PLUG-INS. YOU SHALL NOT USE THE RESTRICTED FUNCTIONS OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER AUTHORITY TO USE THE THIRD-PARTY PLUG-INS. FURTHERMORE, ALL THE RESPONSIBILITIES OF USING SUCH THIRD-PARTY PLUG-INS WILL BE SOLELY BORNE BY YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE USE OF EDRAW SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Edraw OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.

THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN-SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). EDRAW MAKES NO WARRANTIES WITH RESPECT TO OPEN-SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA'S PROVISIONS ON RESTRICTION OF LIABILITY SHALL APPLY.

15. LIMITATION OF LIABILITY

IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AND AGENTS UNDER OR IN CONNECTION WITH THIS EULA SHALL BE LIMITED TO THE FEES THE LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH Edraw MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), Edraw MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, Edraw SHALL NOT BEAR OTHER LIABILITIES TO YOU.

Edraw'S WEBSITES AND PRODUCTS MAY INCLUDE PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. SUCH PRODUCTS OR SERVICES OWNED BY THIRD-PARTY WEBSITES ARE ONLY FOR YOUR CONVENIENCE. Edraw SHALL NOT BE RESPONSIBLE FOR THE LICENSE RESTRICTIONS AND LEGALITY OF ANY CONTENT OF SUCH PRODUCTS OR SERVICES OWNED BY THIRD PARTY WEBSITES. YOU MIGHT NEED TO REVIEW AND AGREE TO APPLICABLE RULES OF USE WHEN USING SUCH PRODUCTS OR SERVICES OWNED BY THIRD-PARTY WEBSITES. IN ADDITION, A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY THAT Edraw ENDORSES THE SITE OR THE PRODUCTS OR SERVICES REFERENCED THEREIN.

16. INDEMNIFICATION

LICENSEE WILL INDEMNIFY AND HOLD THE LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO THE LICENSEE'S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. THE LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

17. END-USER GENERATED CONTENT

The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage, and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, or edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store, or disclose any such information without the express consent of the individuals to whom it relates. If the Licensee is having difficulty deciding whether the Licensee's intended use is appropriate, or whether the Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages the Licensee to seek competent legal counsel. The Licensor will not assist the Licensee in making this determination, nor can the Licensor provide the Licensee with legal advice as to intellectual property rights or privacy laws.

The Licensee may only use End-User Generated Content that belongs to the Licensee and shall not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; the Licensee, therefore, assumes exclusive responsibility for the monitoring thereof. The Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

The Licensee is responsible for independently verifying the accuracy and completeness of the Licensee's contents (e.g., any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations, or other materials You create and/or modify using Our Software).

If the Licensee or the Licensee's attorney determines that the Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, the Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, the Licensee or the Licensee's attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks the Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed Software in the notice or copyright portion of Licensee's paper, project, or product. The licensee shall indemnify, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from or result from, the Licensee's use or distribution of any and all Content and its use of the Licensed Software.

18. EXPORT RESTRICTIONS

You may not use, export, or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such country.

19. LICENSEE PUBLICITY RIGHTS

During the term of this EULA, the Licensee grants the Licensor the right to include the Licensee as a customer in software promotional material.

The Licensee can deny the Licensor this right by submitting a written request via email to support@edraw.com and requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.

Should the Licensee come to be or already be included in product promotional material as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can, at any point in time, submit a written request via email to support@edraw.com to have Edraw remove the Licensee's name and other information from product promotional material. Upon receipt of such request, Edraw will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.

20. GOVERNING LAW AND DISPUTE RESOLUTION

This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in accordance with its effective rules to the extent not prohibited by local law in your jurisdiction.

ACKNOWLEDGMENT: BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.

ADDITIONAL EULA TERMS (RELATED TO CHATGPT)

Given that Edraw Software may integrate the ChatGPT developed and provided by OpenAI L.L.C. (hereinafter referred to as "OpenAI"), when the End User (hereinafter referred to as you or the End User or Licensee) use the functions of Edraw Software that involve ChatGPT (including but not limited to the "AI Copywriting" function, hereinafter referred to as "Services"), you agree to be bound by the following agreements:

1. About the Services

  • You acknowledge and confirm that currently, OpenAI only supports access to ChatGPT in specific countries/regions such as the United States, the United Kingdom, Japan, South Korea, France, Germany, and others. You may visit OpenAI’s website (as specified below the website link) to view the list of countries/regions where ChatGPT is available for access, and OpenAI may periodically update the aforementioned list. Therefore, before using the Services, you shall ensure whether OpenAI has supported using ChatGPT in your country/region. In the event that your country/region is not included in the aforementioned list, resulting in your inability to use the Services. In that case, you shall bear the relevant responsibilities and losses on your own, and we shall not assume any liability for your responsibilities and losses. You have no right to demand compensation or liability from us based on your inability to use the Services. https://platform.openai.com/docs/supported-countries
  • You acknowledge and confirm that any content you input ("Input") in the services will ultimately be processed by ChatGPT, and related content ("Output") will be output to you by ChatGPT based on your Input. Additionally, you acknowledge that your Input will ultimately be used and processed by OpenAI located in the United States.
  • Where you use the Services, you agree to be bound by all terms and conditions under this Agreement and OpenAI's requirements, including but not limited to provisions under OpenAI's Terms of Use, Services Terms, Sharing & Publication Policy, Usage Policies, and Privacy Policy (collectively, hereinafter referred to as "OpenAI's Policy" or "Policy"). In the event that you disagree with any terms or provisions under this Agreement or OpenAI's Policy (collectively, hereinafter referred to as "Terms"), you shall terminate your use of the Services and ChatGPT.
  • Before your first use of the Services, you shall visit OpenAI’s website (https://openai.com/) to read and confirm OpenAI’s Policy. Furthermore, OpenAI may update its Policy from time to time in the future. Therefore, you shall pay attention to OpenAI’s Policy updates and be aware of the updated content.
  • You acknowledge and confirm that the ChatGPT service is provided by OpenAI, and our software and Services will not retain, process, review, or intercept your Input and Output information. When you use the ChatGPT and Services, you will directly exchange data with OpenAI located in the United States, and your data and privacy will be obtained and protected by OpenAI. If you encounter problems such as data loss, network interruption, content leakage, or inaccurate feedback, you shall only communicate with OpenAI for resolution, and we shall not be responsible for such issues and your losses arising from the aforesaid problems.

2. Requirement for Your Age

You must be at least 13 years old to use the Services. If you are under 18, you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

3. Usage Requirements

  • Use the Services. You shall comply with the Terms and all applicable laws when using the services. You shall be aware and undertake that your Input content shall not violate any applicable laws or public order and morals and shall not infringe upon our or any third party’s legal rights and interests. Otherwise, OpenAI may filter or screen your Input content and further restrict your use of the Services and ChatGPT, and you shall have no right to claim any rights against us or demand that we assume any liability or compensate for your losses.
  • Feedback. If you provide any feedback, including but limited to comments, ideas, proposals, and suggestions for improvements, OpenAI may use such feedback without restriction or compensation to you.
  • Restrictions. You shall not (i) use the Services in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with us or OpenAI; (iv) except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was human-generated when it is not or otherwise violate OpenAI's Usage Policies; (vii) buy, sell, or transfer API keys without our prior consent; or (viii) if you are using the API in connection with a website or application directed at children, send us any personal information of children under 13 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by OpenAI.
  • Third Party Services. Any third-party software, services, or other products you use in connection with the Services and ChatGPT are subject to their own terms, and we are not responsible for third-party products.

4. Content

  • Your Content. You may provide Input to the Services and receive Output generated and returned by the Services based on the Input. Input and Output are collectively "Content". As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with the Terms, OpenAI and we hereby assign to you all its rights, title, and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication if you comply with the Terms. OpenAI may use Content to provide and maintain the Services, comply with applicable law, and enforce the Terms. You are solely and completely responsible for the Content, including for ensuring that it does not violate any applicable law or the Terms.
  • Similarity of Content. Due to the nature of machine learning, Output may not be unique across users, and the Services may generate the same or similar output for OpenAI or a third party. Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
  • Use of Content to Improve Services. OpenAI and we do not use Content that you provide to or receive from API (“API Content”) to develop or improve our Services or ChatGPT. OpenAI may use Content from Services other than our API (“Non-API Content") to help develop and improve ChatGPT. If you do not want your Non-API Content used to improve ChatGPT, you can opt out by filling out a form provided by OpenAI (as specified below the website link). Please note that in some cases, this may limit the ability of ChatGPT to better address your specific use case. https://docs.google.com/forms/d/e/1FAIpQLScrnC-_A7JFs4LbIuzevQ_78hVERlNqqCPCt3d8XqnKOfdRdQ/viewform
  • Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. OpenAI is constantly working to improve ChatGPT to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, using our Services and ChatGPT may, in some situations, result in incorrect Output that does not accurately reflect real people, places, or facts. You shall evaluate the accuracy of any Output as appropriate for your use case, including by using a human review of the Output. If you suffer any loss or adverse effects due to using the Output content, you shall be solely responsible, and we shall not assume any responsibility or loss. You hereby declare and undertake not to claim or assert any rights against OpenAI and us.

5. Usage Restrictions Policy

You shall abide by the following Usage Restrictions Policy we have formulated in accordance with OpenAI's Usage Policy. Your use of our Services shall be deemed as your complete agreement to the following policy. If OpenAI or we find that your use does not comply with the following policy, OpenAI or we may require you to make necessary changes. Repeated or serious violations may result in OpenAI or us taking appropriate action, including suspending or terminating your account.

We may update this Usage Restrictions Policy in accordance with our and/or OpenAI's policy requirements, and your continued use of the services shall be deemed as your agreement to the updated policy.

OpenAI and we don't allow the use of the Services or ChatGPT for the following:

  • Illegal activity;
  • Child sexual abuse material or any content that exploits or harms children;
  • Generation of hateful, harassing, or violent content;
  • Generation of malware;
  • Activity that has high risk of physical harm, including but not limited to weapons development, military, and warfare;
  • Activity that has high risk of economic harm, including but not limited to multi-level marketing, gambling, payday lending;
  • Fraudulent or deceptive activity, including but not limited to scams, coordinated inauthentic behavior, plagiarism, academic dishonesty, astroturfing;
  • Adult content, adult industries, and dating apps, including but not limited to content meant to arouse sexual excitement, erotic chat, pornography;
  • Political campaigning or lobbying;
  • Activity that violates people's privacy, including but not limited to tracking or monitoring an individual without their consent, facial recognition of private individuals;
  • Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information;
  • Offering tailored financial advice without a qualified person reviewing the information;
  • Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition;
  • High risk government decision-making, including but not limited to law enforcement and criminal justice, migration, and asylum.

    • You may obtain more specific details of the aforesaid Usage Restrictions Policy by reading OpenAI's Usage Policy.

6. Intellectual Property Rights

You shall strictly comply with relevant legal provisions, ensure that your Input content has a legal and legitimate source of rights, and does not infringe on any subject's intellectual property rights and legal rights and interests. Otherwise, you shall bear and resolve all legal liabilities arising therefrom, and we shall not be liable for any responsibility or expenses.

You acknowledge and confirm that for the Output content generated through the Services and ChatGPT, if such Output content may create intellectual property or legal rights according to relevant applicable laws and statutory standards, the intellectual property and civil rights contained in the Output content shall belong to you from beginning to end, and we do not claim any rights to it. Moreover, if you use the aforementioned Output content, you shall strictly comply with relevant applicable laws, public order, and good customs, ensuring that you do not infringe upon our or any third party's legal rights.

7. Export Controls

You shall not export or re-export the Services or ChatGPT or the Output content to any country, region, or entity that is subject to United Nations or United States of America sanctions. You represent and warrant that you are not located in, or a citizen or resident of, any such sanctioned country or region, nor are you a party designated as a sanctioned entity.

ADDITIONAL EULA TERMS (EDRAW)

This Additional EULA shall apply to Edraw (hereinafter referred to as Edraw or Software). This Additional EULA shall not apply to other Wondershare software products except as otherwise provided by Wondershare.

IMPORTANT: This Additional EULA is part of "Wondershare Software END USER LICENSE AGREEMENT." By installing the Software, the End User (hereinafter referred to as you or the End User or Licensee) is agreeing to be bound by this Additional EULA, together with all the terms and conditions of "Wondershare Software END USER LICENSE AGREEMENT."

1.WHAT TYPES OF LICENSE DO WE OFFER

License for individual: Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install, and activate the Software on one device for your own use. However, none of the templates shared by the other users of Edraw shall be used for any commercial purpose. Except for the templates shared by the other users of Edraw, all the other built-in templates provided by Edraw are allowed to be used for commercial purposes. If you have purchased an individual plan and want to use a template shared by another user of Edraw for commercial purposes, you must ask the template owner for permission.

License for business entity: Wondershare has launched a Business Plan for business entities. Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (business entity) the limited, revocable, non-exclusive, and non-transferable right to download, install, and activate the Software on three devices for your own use. However, even if you have bought a business plan, you shall not use any of the templates shared by the other users of Edraw for any commercial purpose, which are intended for non-commercial use only. Except for the templates shared by the other users of Edraw, all the other built-in templates provided by Edraw are allowed to be used for commercial purposes. If you have purchased a business plan and want to use a template shared by another user of Edraw for commercial purposes, you must ask the template owner for permission.

Edraw has acquired and/or has been authorized to use a lot of copyrighted templates that can be used within Edraw. Subject to the license type that you have purchased as well as the license restrictions, the Licensee may be authorized to use one or more pieces of our copyrighted templates within Edraw and release the finished picture onto social media.

2.USE OF TEMPLATES

However, none of the templates shared by the other users of Edraw shall be used for any commercial purpose. Except for the templates shared by the other users of Edraw, all the other built-in templates provided by Edraw are allowed to be used for commercial purposes. If you have purchased an individual plan and want to use a template shared by another user of Edraw for commercial purposes, you must ask the template owner for permission. Edraw may, at its sole discretion, update the list of templates from time to time, which includes adding new templates and deleting templates.

LIMITATION ON USE

  • The Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, rent, lease, distribute, or loan all or any portion of the Software or Documentation; and
  • The Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Software or Documentation; and
  • The Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software; and
  • The Licensee may not and agrees not to or enable others to remove or obscure the Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that the Licensor has included in the Software or Documentation; and
  • The Licensee may not and agrees not to or enable others to use the Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
  • No Standalone File Use. You may not use the effects built in Edraw in any way that allows others to download, extract, or redistribute the effects as a standalone file (meaning just the effect file itself); and
  • No Electronic Templates. You may not use the effects in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
  • The Licensee may not use any other templates that are not provided by Wondershare within Edraw unless you have acquired a license or permit or proper authority to use them; and
  • Wondershare reserves all rights not expressly granted to You in this Agreement.

3.COPYRIGHT

The Software and any authorized copies that the Licensee makes are the intellectual property of, and are owned by, the Licensor and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including, without limitation, the copyright laws of China, the United States, and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Software. The Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.

4.TERM

There are several kinds of Licenses that the Licensee may choose to purchase. If you choose to purchase a perpetual license, you have the right to use specific major versions of the Software indefinitely unless in contradiction with other terms. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof, immediately after the termination of the License.

5.LIMITATION OF LIABILITY

IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE SOFTWARE, IF ANY.

IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH WONDERSHARE MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING THE SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL), WONDERSHARE MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, WONDERSHARE SHALL NOT BEAR OTHER LIABILITIES TO YOU.

If there is any conflict between this Additional EULA Terms and the "Wondershare Software END USER LICENSE AGREEMENT", this Additional EULA shall prevail.