X Her Platform User Agreement
Last Updated: August 23, 2023
Effective Date: August 23, 2023
Important Notice:
Jiangsu Rongsuotai Information Technology Co., Ltd. (hereinafter referred to as the “X Her Operator”) provides services to users of X Her (hereinafter referred to as “this Software”) in accordance with the provisions of this Agreement. This Agreement has legally binding contractual effect between the user (hereinafter referred to as “User” or “You”) and the X Her Operator. The X Her Operator hereby specifically reminds users to carefully read and fully understand the terms of this Agreement, especially those clauses that involve the exemption or limitation of the X Her Operator’s liability, clauses that exclude or restrict the rights of users, and the terms highlighted by underlining, bolding, or other means. Users should read carefully and choose whether to accept or not accept this Agreement. Unless the user accepts all the terms of this Agreement, they are not entitled to use the services provided by the X Her Operator under this Agreement. Once a user registers or uses the services of the X Her Operator, it shall be deemed that the user fully understands and completely accepts all the terms of this Agreement.
Chapter 1: Introduction
Article 1
This Software is an AI virtual human leisure application developed and operated by Jiangsu Rongsuotai Information Technology Co., Ltd. (the official website of the X Her Operator is: https://X Her.cn/; if the X Her Operator releases a new website via announcements or other means, please access the new website at that time). Users can use this Software to create or interact with AI virtual humans and manage them. Users can download and install this Software through the Apple App Store, Huawei App Market, other major Android app stores, or other official channels authorized by the X Her Operator. The Software provides various functions, mainly including: creating virtual humans, viewing virtual humans, configuring virtual humans, interactive conversations, and other auxiliary functions. The specific functions shall be subject to those provided by the X Her Operator at the time.
Article 2
To protect users’ rights, users must carefully read and fully understand all terms of this Service Agreement before voluntarily using the Software. Logging in or using the Software shall be deemed as full understanding and acceptance of this Service Agreement; if any violations result in legal consequences, the user shall bear the corresponding legal responsibility independently.
Article 3
During the performance of this Agreement, the X Her Operator may modify this Agreement as appropriate. Once the content of this Agreement changes, the X Her Operator will publish the latest Service Agreement through the official website or in-app pop-up windows, and will no longer notify users individually. If the user does not agree to the modifications made by the X Her Operator, the user should stop using the Software. Continued use of the Software shall be deemed as acceptance of the modifications, and the user shall comply with the revised Agreement.
Article 4
For notifications and any other agreements, announcements, or notices regarding the user’s account and services, the user agrees that the X Her Operator may send such notices through any electronic means, including but not limited to the official website, in-app pop-up windows, emails, SMS, or wireless communication devices. Such notices are considered delivered on the date of sending. The X Her Operator shall not be liable if the user fails to receive such notices due to reasons not attributable to the X Her Operator (including but not limited to incorrect or invalid email addresses, phone numbers, contact addresses, or transmission failures).
Article 5
The X Her Operator may, at its discretion, temporarily suspend, restrict, terminate, change, upgrade, or update the Software and its functions. As long as the user continues to use the Software, it indicates the user’s continued agreement to this Agreement.
Chapter 2: Usage
Article 6
Users may only use this Software for non-commercial purposes. If the user needs to use it for commercial purposes, they must contact the X Her Operator to obtain authorization. Without authorization, users may not commercially use the Software, any functions of the Software, or any content generated through the Software.
Article 7
The rights and obligations obtained by the user under this Agreement are non-transferable.
Article 8
Users shall not interfere with, damage, modify, or otherwise affect the Software or its servers by any means (including but not limited to third-party software, plugins, hacks, systems, devices, etc.).
Article 9
Users shall use the Software through the methods specified in Article 1 of this Agreement (or other methods approved by the X Her Operator) and shall not log in or use the Software through any third-party software, plugins, hacks, systems, devices, or other means. If the user accesses or uses the Software through other means, the X Her Operator cannot guarantee normal use and shall not be responsible for any resulting losses.
Article 10
Users shall prepare their own terminal devices required to use the Software (such as computers, mobile devices, and necessary network access devices) and bear the associated costs (such as telephone fees, internet fees, etc.).
Chapter 3: Account Registration
Article 11
When using this Software, users may register an account following the prompts within the Software. During account registration, users must authorize the X Her Operator to collect and use your mobile number, login password (or SMS verification code); otherwise, registration and login to the Software will not be possible.
You understand and agree that you are obliged to maintain the truthfulness and validity of the information you provide. You acknowledge and commit that your account name, avatar, profile, and other personal information must not contain illegal or inappropriate content, and you must not register an account in someone else’s name without their permission (including but not limited to using another person's name, title, brand, or avatar in a way that may cause confusion). Malicious registration of accounts (including but not limited to frequent or mass registrations) is prohibited. During account registration and usage, you must comply with relevant laws and regulations and must not engage in any activity that infringes on national interests, harms the legal rights of others, or is detrimental to social morals. If violated, the X Her Operator may suspend or delete your account name and report to the relevant authorities.
The ownership of registered accounts and related rights in this Software belong to the company. After completing registration, you only enjoy the right to use the account. Your account is strictly personal; without written consent from the company, it is prohibited to gift, lend, rent, transfer, sell, or otherwise authorize others to use the account. If the company discovers or reasonably believes that the user is not the original registrant of the account, the company has the right to suspend or terminate services for the account without notice and may delete the account without any legal liability to the registrant.
Users shall bear full responsibility for any account theft or loss due to their own actions or other uncontrollable factors; the company assumes no liability.
Article 12
Users may apply for account cancellation according to the company’s instructions. The company will assist in canceling the account after completing reasonable and necessary verification of personal identity, security status, and device information, and will delete all information related to the account upon request, except as otherwise required by law.
Chapter 4: Users, Fees, and Third-Party Services
Article 13
Users must authorize the X Her Operator to collect and use your mobile number, login password (or SMS verification code) for identity verification as prompted by the Software; otherwise, you will not be able to use all or part of the Software’s functions. The X Her Operator shall not be responsible for any loss caused by failure to complete identity verification.
Article 14
Users must possess full civil rights and civil capacity as stipulated by the laws of the People’s Republic of China. If a user is a minor under 18 years old or another adult lacking full civil rights or capacity, they must read this Agreement and use the Software under the guidance and supervision of their guardian. If the guardian does not agree to this Agreement or the use of the Software, the user must stop using the Software and notify the X Her Operator, who will then cancel the account and terminate services.
Article 15
Some functions of the Software involve fees. You understand and agree that if you subscribe to or purchase paid services of the Software (including but not limited to purchasing the usage rights of virtual humans in the Software or other value-added services), you must pay according to the pricing standards announced in the Software. Paid rights cannot be transferred to third parties. The X Her Operator reserves the right to modify or change the paid services, pricing, payment methods, service fees, and service terms as needed.
Minors or users lacking full civil capacity must obtain guardian consent before making payments or purchases. Without explicit guardian consent, do not purchase paid services. Guardians should properly manage payment accounts and passwords to prevent unauthorized payments.
Article 16
In all circumstances, any responsibility for third-party services used within the Software rests with the respective third party. The X Her Operator is not liable for:
Users must comply with the agreements and legal provisions of third-party suppliers. Users shall bear all responsibility for violations of such agreements, and if such violations cause losses to the X Her Operator, users shall compensate the X Her Operator.
Chapter 5: Account Security and Management
Article 17
Users understand and agree that it is their responsibility to ensure the confidentiality and security of their account and password. Users shall be fully responsible for all actions and statements made using their account and agree to the following:
Article 18
If a user discovers that a third party is misusing or stealing their account and password (or SMS verification code), or any other unauthorized situation, they should immediately notify the X Her Operator in a valid manner and request suspension of the relevant services; otherwise, all resulting liabilities shall be borne by the user. Users understand that the X Her Operator requires a reasonable time to act upon such requests and is not responsible for any losses caused by third-party use before action is taken.
Article 19
When users decide to stop using their account, they should apply to the X Her Operator for account cancellation. After review and approval, the account can be formally canceled.
In the event of a user’s death or declaration of death, their rights and obligations under this Agreement shall be assumed by their heirs. If a user loses full or partial civil rights or capacity, the X Her Operator or its authorized entity has the right to handle the user account according to valid legal documents (including but not limited to effective court judgments) or instructions from the legal guardian.
Article 20
The X Her Operator reserves the right, based on its independent judgment, to temporarily suspend, interrupt, or terminate all or part of the user services under this Agreement without notice if there is a perceived risk to service security, and to remove or delete registration information without any liability to the user or third parties. Such situations include but are not limited to:
Personal information provided by the user is deemed untrue, invalid, or incomplete (if required);
Suspicion or potential violation of laws;
User accounts are suspected of illegal, criminal, or unauthorized use, or other risks perceived by the X Her Operator;
User violations of rules or spirit of this Agreement;
Other situations where the X Her Operator deems suspension, interruption, or termination necessary for service security.
Article 21
Users agree that suspension, interruption, or termination of the account does not release the user from responsibilities. Users remain liable for breaches or damages incurred during the use of X Her services, while the X Her Operator may retain relevant user information.
Chapter 6: Users’ Legal Obligations and Commitments
Article 22
Users commit not to use this Software for any illegal purpose or by any illegal means and agree to comply with the laws and regulations of China and local jurisdictions, all international internet practices, respect local morals and customs, and adhere to all network agreements, rules, and procedures related to the Software. Users are solely responsible for any violations. Users shall not use this service in a way that causes the X Her Operator to breach laws or become involved in political or public events; otherwise, the X Her Operator may suspend or terminate services for the relevant user.
Article 23
When using this Software, users must comply with laws and regulations and must not create, copy, publish, send, or disseminate information containing the following content or engage in related behaviors, nor provide convenience for such activities:
Article 24
When using the Software to create virtual humans, users must base the virtual human on publicly available information of real individuals and ensure the created virtual image reflects the person. If a user creates a virtual human without the consent of the individual, the user bears full responsibility, and the X Her Operator assumes no liability.
Article 25
The X Her Operator reserves the right, at its sole discretion, to delete any content within the Software that is illegal, false, or inappropriate without notifying the user and without assuming any liability. If a user fails to comply with the above regulations, the X Her Operator may independently decide to suspend or terminate the user’s account without any liability. If user-published content is offensive or otherwise inappropriate, the platform may remove such content upon receiving reports from other users.
Article 26
Users agree that if they violate this Agreement, any supplemental agreements, or any incorporated documents forming part of this Agreement, or violate any laws or third-party rights while using the Software, users shall fully indemnify the X Her Operator, its affiliates, partners, directors, and employees from any third-party claims or demands (including attorney fees).
Chapter 7: Service Interruption, Malfunction, and Termination
Article 27
Users agree that due to the nature of the internet, the X Her Operator does not guarantee uninterrupted service, timeliness, or security. The X Her Operator is not liable for any impact on users or third parties caused by system malfunctions that prevent normal use, including but not limited to:
System downtime during maintenance.
Telecommunications equipment failures preventing data transmission.
Interruptions, delays, or data loss caused by hacking, network adjustments or failures, viruses, malware, system instability, third-party service flaws, or government actions.
Natural disasters or force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, war, or terrorist attacks.
Article 28
Users understand and agree that the X Her Operator may adjust services based on business strategies, including changing, suspending, or terminating services. In cases of mergers, divisions, acquisitions, or asset transfers, the X Her Operator may transfer relevant assets to a third party. The X Her Operator may also, upon notifying users, transfer partial or all services and corresponding rights and obligations under this Agreement to a third party.
Article 29
The X Her Operator may suspend or terminate services without notice in any of the following situations:
Article 30
Users should back up data stored in the Software. Unless otherwise required by law, upon termination of use, the X Her Operator may permanently delete user data from servers. The X Her Operator is not obliged to provide or return data after suspension or termination of use.
Chapter 8: Scope and Limitation of Liability
Article 31
The X Her Operator provides no warranties regarding the Software, including but not limited to:
That the Software will meet the user’s requirements.
That the Software will be uninterrupted, timely, or error-free.
That any services, information, or materials obtained through the Software will meet user expectations.
Article 32
The quality and content of services provided by third-party suppliers of the Software are the responsibility of those suppliers. The X Her Operator is not liable for any loss or responsibility caused by third-party suppliers.
Article 33
Any advice or information obtained from the X Her Operator or its staff, whether written or oral, does not constitute any warranty regarding the Software.
Article 34
As an AI product, the interactive content of the Software is based on search engines and big data accumulation, originating entirely from publicly available internet information, filtered through automated and manual sensitive data screening. However, some information may still contain errors, be unreasonable, or cause discomfort. Additionally, users may conduct one-on-one training of virtual humans, which may result in information originating from user-generated content. The X Her Operator is not liable for any risks or losses arising from this.
Article 35
To the extent permitted by law, the X Her Operator shall not be liable for any indirect, punitive, special, or consequential losses (including but not limited to business loss, loss of revenue, profit, use of data, or other economic loss) arising from or related to this Agreement, use of the Software, or information, content, materials, or services provided through the Software, whether due to breach of contract, warranty, or tort, even if previously informed of the possibility of such losses. Exclusion of liability also applies even if the exclusive remedies under this Agreement fail to achieve their essential purpose.
Chapter 9: Privacy Protection and Authorization
Article 36
Users must log in with their own Software account and ensure the validity and accuracy of provided information (such as email or phone number). Users must promptly update any changes. Failure to update resulting in the X Her Operator being unable to contact the user, leading to loss or additional costs, is the user’s responsibility.
Article 37
For user safety, users agree that the X Her Operator may obtain additional information from third parties, including personal information and virtual human data created on other platforms deemed necessary for this purpose.
Article 38
The Software uses data collection tools such as “Cookies” on certain pages. Cookies are small files stored on user devices to help provide personalized services. Certain functions are only available via Cookies. Cookies also reduce the frequency of password input and allow provision of information tailored to user interests. Users agree to this use.
Article 39
If users provide personal communication information (e.g., SMS, email, or letters) to the X Her Operator, or other users/third parties provide such information regarding user activity or login, the X Her Operator may store it in a dedicated user file. Users consent to this.
Article 40
Users agree that the X Her Operator may use personal data (including information provided by users, actively collected by the Operator, or obtained from third parties) to resolve disputes, mediate conflicts, ensure access to software functions, and enforce software rules. Users also consent to automated or manual evaluation of personal data and sharing with relevant government departments for investigation.
Article 41
Users agree that the X Her Operator may use personal data to improve software functionality, analyze usage, enhance content, and tailor services to user needs, improving user experience, efficiency, safety, and personalization.
Article 42
Users agree that the X Her Operator may use user data to contact them and, in some cases, send information relevant to user interests. Acceptance of this Agreement constitutes consent to receive such information.
Article 43
The X Her Operator shall protect, use, or disclose personal information collected from users, legally obtained from third parties, in accordance with this Agreement and related rules. Industry-standard practices will be employed, but technical limitations may prevent complete protection against unlisted disclosure methods.
Article 44
The X Her Operator must provide user personal information to judicial or government authorities as required by law. The Operator may disclose personal information if the user fails to perform obligations under the service agreement.
Article 45
Users have no right to request personal information of other users.
Chapter 10: Intellectual Property Protection
Article 46
All content on the Software, including but not limited to works, images, files, information, software architecture, and interface design, is owned by Jiangsu Rongsuotai Information Technology Co., Ltd. or other rights holders, including trademark rights, patents, copyrights, and trade secrets.
Article 47
Without written consent from Jiangsu Rongsuotai Information Technology Co., Ltd. or other rights holders, no one may use, modify, copy, distribute, alter, publish, or disseminate the Software or its content.
Article 48
Users may not reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software without explicit written consent. Users may not modify, resell, commercially exploit, create derivatives, or use any data collection tools to copy account information. Users may not alter the Software’s functions or distribute it publicly through unauthorized third-party software, plugins, hacks, systems, or devices. Systematic acquisition of content to create compilations, databases, or directories without permission is prohibited. Any unauthorized use terminates granted licenses.
Article 49
Without explicit written consent, users may not copy, imitate, sell, resell, access, or otherwise use the Software or any part thereof for commercial purposes. Users may not use frames or meta tags to claim the Operator’s trademarks or proprietary information.
Article 50
By using interactive virtual human functions, users grant the X Her Operator a perpetual, worldwide, non-exclusive, sublicensable, free, and irrevocable license to copy, reproduce, display, perform, transform, distribute, and otherwise use information entered by users and their interactions with virtual humans for any lawful commercial or non-commercial purpose, including promotion, development, operation, or sales.
Article 51
Respect for intellectual property is a user obligation. Violations may result in liability for damages to Jiangsu Rongsuotai Information Technology Co., Ltd.
Chapter 11: Interpretation, Dispute Resolution, and Contact
Article 52
This Agreement is entered into by the user and Jiangsu Rongsuotai Information Technology Co., Ltd., and applies to all user activities on the Software. The Agreement includes the main text, supplemental content, and any rules issued now or in the future, all forming an inseparable part with equal legal effect.
Article 53
If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, it shall be considered severable and replaced by valid provisions closely matching the parties’ intentions and economic objectives, while other provisions remain fully effective.
Article 54
The validity, performance, and matters related to this Agreement and its amendments are governed by Chinese law; all disputes are subject to Chinese law.
Article 55
If users have questions, opinions, or suggestions regarding this Agreement or the use of the Software, they may send an email to 18652260265@163.com