Welcome to Tomoviee AI!
Tomoviee AI is a product operated by Wondershare (Hunan) Co., Ltd. and its affiliates ("we"). It is available in various forms, including the Tomoviee AI mobile client application that can be downloaded from major app stores, as well as APIs provided to developers and applications. By using our services, you agree to comply with this User Service Agreement ("Agreement") and our Privacy Policy. Please read them carefully.
1. Users and Accounts
1.1 Age Restrictions : Our services are not available to minors. If you are under 18 or have not reached the legal age of majority in your jurisdiction, please do not use our services. If we become aware that you are a minor, we will protect your personal information in accordance with relevant laws and regulations. However, you or your legal guardian should use the account cancellation method we provide to delete your account.
1.2 Account Registration and Login : You can register and log in using your mobile phone number or a third-party account. If your phone number has been used to register for other Wondershare products, you can directly log in to our services with that account. When using content generation or publishing features for the first time, you need to bind and verify your phone number or email address, a step that cannot be skipped as required by local laws and regulations or regulatory policies.
1.3 Account Usage : Tomoviee AI accounts are for personal use only and cannot be gifted, rented, transferred, or sold. You should properly safeguard your account information. If your account is stolen or compromised due to poor custody, you will bear the responsibility. If you discover unauthorized use of your information or security vulnerabilities in our services, please contact us immediately and take appropriate measures to protect your account security. We recommend enhancing the management of your account and keys to prevent potential losses.
1.4 Information Collection During Registration : During account registration or service use, you may be required to provide certain necessary information. If local laws and regulations have specific requirements, you must provide accurate identity information (such as company name, mobile phone number, etc.).
1.5 Information Modification : Generally, you can browse and modify the information you have submitted according to relevant product rules. However, for security and identity verification purposes (e.g., account recovery), you may not be able to modify your initial registration information or other verification details. In account recovery functions, we will only verify based on the information you have provided and cannot determine whether the operation is performed by you personally.
1.6 Personal Information Protection : We will employ various security technologies and procedures to establish a robust management system to protect your personal information from unauthorized access, use, or disclosure. We will not transfer or disclose your personal information to any third parties unless required by local laws and regulations, judicial or administrative authorities, or if it is necessary to provide the services you have requested. We may transfer or disclose your personal information to third parties in accordance with the Wondershare Privacy Policy or other relevant agreement provisions.
1.7 Account Information Review and Disposition : To maintain platform order and user rights, we reserve the right to review the account information you submit and all information you transmit to us. If we find that the information violates any of the following:
- Laws and regulations or public order and good morals;
- The rights and interests of others (such as impersonating others, trademarks, or using others' content without authorization);
- Misleading the public or disrupting the platform ecosystem;
- This Agreement,
we may take one or more of the following actions based on the severity of the violation:
- Issuing warnings and requiring corrections within a specified timeframe;
- Resetting account information, deleting non-compliant content;
- Restricting partial or full account functions;
- Suspending account usage privileges;
- Closing (canceling) the account;
- Prohibiting the non-compliant entity from re-registration.
1.8 Account Cancellation and Recovery : If you wish to cancel your account, you can do so through the user center or contact our customer service. After successful cancellation, unless otherwise required by law, we will not provide services to recover your account records, content, virtual property, etc. Please proceed with caution. You acknowledge and agree that to fully utilize account resources, if you fail to log in and use the account for the first time in a timely manner, or do not log in and use the account for six consecutive months, and there are no ongoing or unfulfilled services, we reserve the right to reclaim your account. If your account is reclaimed, you will not be able to log in and use our services with the reclaimed account, and any content, permissions, personalized settings, and usage records associated with the account will not be recoverable.
2. Service Content
2.1 Service Acquisition : You can directly obtain our services from our official website [URL]. If you acquire our services from unauthorized third-party sources, we cannot guarantee normal usage, and we will not be liable for any resulting losses.
2.2 Service Purchase, Agreement, and Payment : Users can select the services they need based on their requirements. Before purchasing, users should carefully read the service rules for the selected services and make a prudent decision on whether to purchase and use them. In scenarios requiring a signed agreement, the agreement should be signed before use. Users should complete payments in a timely manner as agreed. In cases of delayed payment, we reserve the right to suspend or discontinue the services. Some services may have periodic or usage-based limitations. If the usage exceeds these limits, users may not be able to successfully use the services, and specific details can be found in the relevant rules.
2.3 Price and Fee Adjustment : During the service period, we may adjust our pricing and fee structure at our discretion. The latest information will be published in real-time on our official website's product and service pages. For pre-paid or post-paid products/services ordered after the effective date of the announcement on our official website, the adjusted fees will apply. If users disagree with the adjustments, they should cease using the services immediately. Continued use of the services will be deemed as acceptance of the new fee standards. We may also offer various promotional plans, coupons, and other activities, and the specific terms of use will be subject to the relevant rules.
2.4 Fee Settlement and Ongoing Costs : The settlement method for services will be determined by mutual agreement. Users acknowledge that most services will continue to incur costs even if no new service items, resources, or operations are added after activation, as the services consume resources continuously. Users should renew their services or proactively discontinue them to avoid unexpected charges.
2.5 Service and Software Content Adjustment : You acknowledge and agree that to optimize services, adapt to technological developments, or implement business strategies (including regional adjustments), we may update, modify, enhance, or change the specific service content, features, and formats of our products from time to time. The actual available service content, features, and supported terminal formats will be based on what we provide at the time. If a service change will substantially reduce the functionality available to users, we will take reasonable measures to notify paid users within a reasonable period before the change takes effect. However, if the change is made to ensure the security and stability of the services, comply with legal or administrative requirements, or address risk matters through emergency measures, we may directly take what we deem to be reasonable actions without any obligation to notify users in advance.
2.6 Geographic and Compliance Requirements : Users shall strictly comply with the laws, regulations, policies, and requirements of their respective countries and regions.
3. User Responsibilities
3.1 Content Usage and Obligations : You have the right to legally use the content generated by our services. However, you are solely responsible for the content and must fulfill the following obligations:
- Actively verify the authenticity and accuracy of the content to avoid spreading false information;
- Clearly indicate in a legally compliant and prominent manner that the output content is generated by artificial intelligence to inform the public of the synthetic nature of the content;
- Avoid publishing or disseminating any output content that violates the usage norms of this Agreement.
3.2 Principles of Service Use : When using our services, users must adhere to the principles of voluntariness, equality, fairness, and good faith. They must not infringe upon the legitimate rights and interests of others or seek improper benefits. Users are prohibited from engaging in any behavior that disrupts the normal operation of the platform. They must not use our services for any illegal activities, violations of this Agreement or other agreements between us and you, or breaches of the Tomoviee AI content policy.
3.3 Prohibited Illegal and Violent Content : You must not use our services to input, induce the generation of, create, copy, publish, or disseminate any of the following illegal or violent content:
- Content opposing the basic principles established by the Constitution;
- Content that endangers national security, leaks state secrets, undermines state power, or undermines national unity;
- Content damaging the national honor and interests;
- Content distorting, defaming, desecrating, or denying the deeds and spirit of heroes and martyrs, or infringing upon their names, portraits, reputations, or honors through insults, defamation, or other means;
- Content promoting terrorism, extremism, or inciting the implementation of terrorist or extremist activities;
- Content advocating ethnic hatred or discrimination, or undermining ethnic unity;
- Content undermining the national religious policy, promoting cults, or feudal superstitions;
- Fabricated or disseminated rumors and false information that disrupt economic and social order or undermine social stability;
- Content related to obscenity, pornography, gambling, violence, murder, terrorism, or incitement to crime;
- Content insulting or defaming others, infringing upon their reputation, privacy, portraits, intellectual property, or other legitimate rights and interests;
- Commercial advertisements violating internet advertising laws and regulations;
- Other content prohibited by laws and administrative regulations.
3.4 Prohibited Immoral and Unhealthy Content : You must not use our services to input, induce the generation of, create, copy, publish, or disseminate any immoral or unhealthy content, including but not limited to:
- Content with exaggerated headlines that severely mismatch the actual content;
- Improper commentary on natural disasters or major accidents;
- Content with sexual implications or inducements that may lead to sexual associations;
- Content depicting bloodshed, horror, cruelty, or other material that may cause physical or mental discomfort;
- Content inciting discrimination based on ethnicity or region;
- Content promoting vulgarity, mediocrity, or indecency;
- Content that may lead minors to imitate unsafe behaviors, violate social morals, or develop bad habits;
- Content involving violent threats, intimidation, or cyberbullying of others;
- Content containing obscenities that harm social morality and good customs.
3.5 Interference with Service Operations and Infringement of Rights : Users must not engage in any behavior that interferes with the normal operation of Tomoviee AI services or software, or that harms our legitimate rights or those of third parties, including but not limited to:
- Using our services to carry out criminal activities such as infringing on trade secrets or personal information;
- Reverse-compiling, reverse-assembling, or reverse-engineering our services, or attempting to parse or extract the core algorithms and related information of our services in any manner;
- Developing or operating competitive products or services that are similar to our services (unless explicitly allowed by mandatory legal provisions);
- Using automated tools (such as robots, crawlers, mirrors, etc.) to copy or replicate all or part of our service content;
- Removing or altering the artificial intelligence-generated content identifiers or deep-synthesis content labels in our services without lawful authorization;
- Uploading or transmitting malicious programs or data containing computer viruses or destructive codes that may disrupt the normal operation of our services;
- Illegally intruding into our service server systems, tampering with codes, or engaging in other activities that compromise the integrity of our services;
- Circumventing platform security mechanisms, including unauthorized data access, server/account intrusion, or conducting network probing activities such as port scanning;
- Overloading our services with stress tests or high-frequency requests that result in abnormal resource consumption;
- Providing our services' access rights to third parties without written permission, or renting or selling our services.
3.6 Compliance Review Mechanism : To fulfill our legal obligations, we have the right to monitor service usage behavior through a combination of technical screening (such as analyzing input/output content) and manual review. We will take the measures stipulated in this Agreement against non-compliant users. However, these measures are limited in effectiveness, and we cannot guarantee that the review process is entirely reliable. We do not control user-generated content and have no obligation to ensure its legality.
4. Intellectual Property
4.1 Our Intellectual Property : All core assets involved in our services (including but not limited to software code, interface design, audio-visual materials, trademarks, logos, trade names, domain names, website names, and technical documentation) and the intellectual property rights therein are owned by us. Unless explicitly stated in this Agreement, the services you purchase do not include any transfer, authorization, or licensing of intellectual property rights. Unauthorized use of automation tools (such as web crawlers or robots) to obtain, copy, or disseminate platform content, or to mirror, reverse-engineer, or commercially exploit platform content is prohibited.
4.2 User-Generated Content : Certain features of our services may allow you to submit, upload, publish, share, or otherwise transmit ("Post") content, including comments, photos, videos or audio (including sounds, recordings, and music in videos or audio), images, generated images, templates, data, text, prompts, and any other materials ("User Content"). You warrant that your User Content is original or that you have obtained sufficient authorization, and that it does not infringe upon the intellectual property rights, personality rights, data rights, trade secrets, or any other legitimate rights and interests of others. You must also ensure that you will not use our services to infringe upon the legitimate rights and interests of third parties or public interests.
4.3 Intellectual Property in Our Services : All technology, software, and parameters related to our services, as well as the intellectual property rights (including but not limited to copyrights, patents, trademarks, and trade secrets) therein, are owned by us and/or our affiliates. We provide you with services but do not grant you any express, implied, or other forms of licenses or rights regarding the aforementioned intellectual property. For any output content generated by you through the use of our services, if you own the copyright or intellectual property rights under applicable law, you acknowledge and authorize us to use the user input content and corresponding output content collected during service operation, after anonymization and secure encryption, to fulfill legal obligations and provide the services under this Agreement, as well as to optimize the services under this Agreement, conduct statistical analysis, troubleshoot issues, and control security risks.
4.4 Third-Party Claims Against Users : If any third party initiates intellectual property or other legitimate rights-related claims, lawsuits, complaints, or other proceedings ("Claims") against you or your end users, and such Claims are primarily or entirely caused by any of the following reasons:
- Your violation of this Agreement (including other agreements and rules);
- Your data or content;
- The use of our services in combination with any products, services, data, software, hardware, or business processes not provided by us;
- The use of non-current or unsupported software or service versions provided by us;
- Modifications to our services or content by any person other than us or our affiliates; or
- Your or your end users' continued use of allegedly infringing services or features after receiving a notice from us to cease such use.
You shall bear full responsibility for such Claims, and we shall not be liable therefor.
4.5 Third-Party Claims Against Us : If any third party initiates Claims against us, our affiliates, or our respective licensors, employees, officers, or directors, and such Claims allege:
- That any of your applications, products, services, or customer data infringe upon third-party intellectual property rights; or
- That you or your end users use our services in a manner that violates this Agreement (including service rules), such as violating applicable data protection laws, other laws and regulations, or infringing upon any third-party rights; or
- That you or your end users use products, services, data, or software not provided by us or our affiliates.
You must, to the extent permitted by law, defend us and the relevant parties (including hiring legal counsel), indemnify us and the relevant parties, and hold us and the relevant parties harmless from and against all losses (including but not limited to judgment amounts, settlement amounts, reasonable legal fees, and other related expenses) arising from or related to such Claims.
5. User Data
5.1 Your Warranties : You hereby warrant to us that all data and any data operation instructions (including collection, storage, use, processing, transmission, provision, disclosure, and deletion) submitted or processed through our services by you and your end users strictly comply with relevant data protection laws and regulations. Specifically, you warrant that:
- The sourcing, collection, and processing of such data are lawful and compliant;
- Such data do not infringe upon the legitimate rights and interests of any individual or entity;
- Such data are not and have not been used for any illegal or non-compliant purposes.
In particular, if customer data includes personal information, you warrant that you have obtained valid consent from the data subjects to transfer their personal information to us for processing, and that you have provided adequate and lawful privacy notices to all affected data subjects. You are responsible for retaining sufficient evidence of such consent and notices. Any failure on your part to obtain adequate authorization that results in our processing of relevant data shall constitute a material breach of this Agreement. "Customer Data" refers to any data, information, media, or other content submitted to our services by you or your end users (excluding the information provided by you during account registration).
5.2 Data Operations and Liability : You may use our services to upload, analyze, delete, modify, or otherwise operate on customer data (subject to specific service rules and functionalities). However, you should be aware that such operations, especially deletion and modification, carry risks, and you shall bear all possible consequences arising therefrom. Based on the non-exclusive and sublicensable license granted to us under this Agreement, we will only access, copy, and process customer data for the purposes of providing, maintaining, and improving our services (including algorithm optimization). During the provision of services and technical support, we may collect or generate anonymized operational data (such as system logs, billing information, and conversation summaries), and we have the right to use such operational data to enhance our products and services. Except where necessary to provide the services or as required by law, we will not proactively access or use your customer data.
5.3 Data Backup Responsibility : You are primarily responsible for data backup. You must proactively take backup measures according to your business needs. We will only provide backup services when explicitly required by law or service rules, and our liability will be limited to the scope of such requirements. If any of your activities involving customer data (including generation, collection, processing, and use) violate the law, you shall bear all resulting legal responsibilities, losses, and expenses. We reserve the absolute right to suspend or terminate the provision of all or part of our services to you at any time.
5.4 AI-Generated Content Identification : You confirm and warrant that for any content generated by you and your end users through the use of our services ("AI-Generated Content"), you, as the service provider, shall independently undertake all obligations to identify, label, or disclose such content as required by applicable laws and regulations (for example, clearly indicating that the content is artificially generated). You undertake to fulfill such identification obligations in a clear and visible manner and to ensure that your end users also fulfill the corresponding obligations when further publishing, distributing, or using AI-Generated Content. We do not assume any supervisory, inspection, notification, or enforcement responsibilities related to the identification of AI-Generated Content. You understand that failure to fulfill or improper fulfillment of such identification obligations may result in legal risks, which shall be borne by you entirely.
6. Security and Operation
6.1 Basic Security and User Responsibilities : We will provide basic security protection measures for our service systems and equipment in accordance with relevant laws and regulations. If your security requirements exceed the aforementioned basic standards, you are responsible for configuring and using the services in a manner that meets your security needs (for example, by purchasing higher-level security protection services or deploying additional security software/systems). You should also take necessary and effective security measures for your own computer information systems, equipment, applications, and customer data, and provide corresponding technical support. If you fail to take adequate measures or violate compliance requirements, resulting in damage to your own or third-party interests, you shall bear the responsibility therefor.
6.2 Service Availability : We guarantee service availability within the scope explicitly agreed upon in our service rules. If your availability requirements exceed the standards committed to in our service rules, you should proactively configure your system for high-availability settings. We may provide necessary assistance within a reasonable scope. If you require us to cooperate in providing customized high-availability design or development services, the specific arrangements and costs shall be separately negotiated and confirmed in writing by both parties.
6.3 Device Access and Personal Information Processing : To provide our services, we may need to access and use your devices (for example, to complete software installation or service deployment). You authorize us to access your devices for the purposes of fulfilling this Agreement. You acknowledge that if you refuse to grant the necessary access permissions, we may be unable to provide all or part of our service functionalities. You agree that during the provision of services, we may access or process personal information on your devices as required by the services, in strict compliance with applicable laws and regulations and our privacy policy.
6.4 Maintenance and Interruption Exemption : To ensure and enhance our services, we have the right to conduct routine maintenance operations such as inspection, maintenance, upgrades, and optimization. We will not be liable for any interruptions or suspensions of services within a reasonable time caused by routine maintenance. We commit to notifying you of routine maintenance at least 12 hours in advance. To ensure the security and stability of our services, we may also conduct significant adjustments such as equipment replacement. Such significant adjustments may result in interruptions or suspensions of services within a reasonable time, for which we will not be liable. We will notify you of the plan for significant adjustments at least 10 days in advance, and you should provide necessary cooperation. If you fail to cooperate or if we are unable to contact you, any adverse consequences arising therefrom shall be borne by you.
6.5 Application Compliance Management : You warrant that any applications for which you use our services to provide technical capabilities (including the use of such applications by your end users) and the associated end-user data strictly comply with this Agreement, relevant service rules, user agreements, and other binding documents. Once you become aware of any non-compliant scenarios regarding your applications, customer data, or end-user behavior, you must immediately suspend the non-compliant applications, delete the non-compliant customer data, and, as appropriate, suspend the access rights of the relevant end users. If you fail to take effective corrective measures within 24 hours of receiving a non-compliance notification from us, we have the right to suspend or disable the non-compliant applications and/or your services until the non-compliant behavior is fully rectified.
6.6 Reasonable Measures : If we reasonably determine that any non-compliant act on your part may:
- Affect our services themselves;
- Interfere with other users' use of the services;
- Disrupt the foundational networks or servers used to provide the services;
- Lead to unauthorized third-party access to the services,
we or our affiliates have the right, to the minimum extent necessary to prevent or correct such non-compliant behavior, to immediately suspend your account, non-compliant applications, or the accounts of related end users without prior notice.
6.7 Data Retention and Migration (Storage Services) : In principle, users are responsible for storing their own service data. However, if the services you purchase include storage functionality, after the service expires or terminates, we will retain your data stored in the service for a certain period ("Retention Period") in accordance with the service-specific rules. You will bear all related costs during the Retention Period (as agreed) and must settle the fees on time. You should complete the migration of all your data before the Retention Period expires. After the Retention Period ends, we will delete all data you have stored in the service.
7. Limitation of Liability
7.1 Services Provided "As Is" : The services and all materials and content provided through the services are offered on an "as is" and "as available" basis. We disclaim all warranties, express or implied, relating to the services and all materials and content provided through the services, including but not limited to warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement, as well as warranties arising from course of dealing, usage, or trade practice. We do not warrant that the services or any part thereof, or any materials or content provided through the services, will be uninterrupted, secure, or free from errors, viruses, or other harmful components, and we do not guarantee that any such issues will be corrected.
7.2 No Other Warranties : Any advice or information obtained by you through the services or from us or through the services, whether oral or written, does not constitute any warranty regarding us or the services unless explicitly stated in this Agreement. We will not be liable for any damages arising from the services or transactions between you and any other party. You understand and agree that your use of any part of the services is at your own risk, and we will not be responsible for any property damage (including damage to computer systems or devices related to the services) or data loss.
7.3 Exclusion of Indirect and Other Damages : To the maximum extent permitted by law, under no circumstances will we or any of our affiliates be liable to you for any indirect, incidental, special, consequential, or punitive damages (including but not limited to loss of profits, goodwill, or any other intangible losses), whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we or any of our affiliates have been informed of the possibility of such damages. This applies regardless of whether the damages arise from the services or any third-party services or APIs accessible through the services.
7.4 Cap on Liability : For any claims arising from or related to the use or inability to use any part of the services, any third-party services, or APIs accessible through the services, or under any other circumstances of this Agreement, the total liability of us and our affiliates to you (whether in contract, tort, or otherwise) shall be limited to the total amount of service fees you have paid to us in the past 12 months.
7.5 Risk Allocation : Each provision in this Agreement regarding limitation of liability, disclaimer, or exclusion of damages is intended to and does in fact allocate risk between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each such provision is severable and independent of all other provisions of this Agreement. Even if any limited remedy fails of its essential purpose, the limitations set forth in this Section 7 shall still apply.
7.6 Survival of Obligations Post-Termination : Any termination of this Agreement for any reason shall not relieve or discharge, nor shall it be deemed or construed as relieving or discharging, either you or us from any liabilities, obligations, or responsibilities arising on or after the date of termination. Any rights granted to us, you, and third parties under this Agreement shall remain in full force and effect after termination.