Welcome to Noiz Al Limited (“Company,” “we,” “our,” “us”)! These Terms of Service (“Terms,” “Terms of Service”) govern your use of our web pages located at https://www.noiz.ai/ operated by Company as well as the services and offerings made available to you through this website (“Services”).
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://www.noiz.ai/privacy-policy. Your agreement with us includes these Terms, including any additional agreements referring to these Terms, as applicable, and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and by accessing or using the Service, you agree to be bound by these Agreements and the other rules provided with the Service, whether or not you are a registered user of our Service. You further represent and warrant that you have the right, authority, and capacity to accept these Terms and to abide by them, and that you have fully read and understood the Terms without any impairment in judgment resulting from (but not limited to) mental illness, intoxication, medication, or any other health or other problem that could impair judgment. Your use of the Site constitutes your acceptance of the Terms. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at contact@noiz.ai so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at contact@noiz.ai.
If you wish to purchase any product or service through our Service (“Purchase”), you may need to provide information such as your credit card number, expiration date, billing address, and shipping information. All fees are non-refundable, though we may issue refunds at our discretion. You represent and warrant that: (i) you have the legal right to use the provided payment method(s) for any Purchase; and (ii) the information you provide is accurate and complete. A valid payment method, including credit card, is required to process the payment for your subscription. You must provide Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your account to any such payment instruments. Visa, Mastercard, and American Express, are all valid, acceptable forms of payment to be used via Platform (“Payment Method”). For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. Payment processing services are provided by Stripe and are subject to the Stripe Services Agreement located at https://stripe.com/en-gb-us/ssa. By agreeing to these Terms or continuing to use the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Company enabling payment processing services through Stripe, you agree to provide Company with accurate and complete information about you and/or your business, and you authorize Company to share it and transaction information related to your use of the payment processing services provided by Stripe. We may also provide payment links via Stripe for certain purchases. By using these payment links, you agree to provide accurate and complete payment information and authorize Stripe to process the transaction on behalf of the Company. We reserve the right to refuse or cancel your order at any time due to reasons such as product availability, pricing errors, order errors, or suspected fraud or unauthorized transactions.
You are responsible for any sales, use, goods and services, value-added, withholding, or similar taxes or levies that apply to your Orders, whether domestic or foreign (“Taxes”), other than our income tax. All fees and expenses related to your purchases are exclusive of Taxes. You are required to pay any applicable Taxes in addition to the fees for the Services.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select upon purchasing a Subscription:
If you purchase a Subscription, you authorize us to charge you automatically each month or other recurring period unless and until you cancel the Subscription. The cancellation will take effect the day after the last day of the current Subscription period. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. All Subscription's fees are non-refundable, though we may issue refunds at our discretion.
For services purchased through Alipay or other payment methods that only support one-time payments, you are required to pay the full amount upfront at the time of purchase. This payment applies to your selected service period and will not automatically renew:
For subscriptions or one-time purchases that include point benefits, we implement a system of base points plus daily reward points, rather than providing all points at once. The specific rules are as follows:
Purchased minutes are valid as long as your subscription is active or on pause. If your subscription is canceled or expires, all unused minutes will be permanently deleted from your account immediately after the cancellation or expiration. Reactivating your subscription will not restore deleted minutes.
Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged by Company until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. Minutes allocated for the Free Trial will expire 7 days after the creation of your account. Any unused minutes after this period will be permanently deleted and cannot be recovered. At any time and without notice, Company reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We commit to refund the minutes you've used if the creation of your video failed to complete due to a technical error on our end. You should contact our support service with a request for a refund of minutes. We will review your request and, if it is confirmed that there was a technical error on our end, we will refund the used minutes to your account.
We commit to refund the minutes you've used if you believe that the result contains the following technical flaws:
You should contact our support service with a request for a refund of minutes. We will review your request and, if it is confirmed that the quality is unacceptable or contains technical flaws, we will refund the used minutes to your account.
We commit to refund the full cost of the subscription to you if within 14 days of starting to use the subscription you encountered technical errors on our end and used less than 25% of your plan.
When renewing a subscription, you can request a refund within 24 hours, provided that no minutes are used for the new month. This applies specifically to renewed subscriptions and is contingent upon the account remaining inactive in terms of minute usage following the renewal.
Under no circumstances will a refund be provided in the following cases. However, for other situations, refunds are subject to analysis and are at the sole discretion of our support team. A refund is not provided in cases where:
Please note that each refund request will be considered individually. If you have any questions, please contact our support service. Subscription details. When a refund is processed, the subscription is canceled on the day the refund is issued.
Our Service facilitates the creation, uploading, linking, storing, sharing, and distribution of various forms of material including, but not limited to, information, text, graphics, videos, or other material (“Content”). You are accountable for the Content that you create or share via our Service, including its legality, reliability, and relevance. When creating or uploading Content through our Service, you affirm and guarantee that: (i) the Content is yours (you own it) or you have acquired the necessary rights or permissions to use it and to allow us to perform the services as outlined in these Terms, and (ii) the creation or uploading of your Content via our Service does not infringe on the privacy rights, publicity rights, copyrights, contractual rights, or any other rights of any individual or entity.
We maintain the right to terminate the account of anyone found to be infringing on a copyright. You retain all of your rights to any Content you submit, upload, or display on or through our Service and you are responsible for safeguarding these rights. We do not take responsibility or assume any liability for Content you or any third party create or post through our Service. Company has the discretionary right, but not the obligation, to monitor and edit all Content provided by users.
You are permitted to use the Content you create through our Service outside of the Service, including in commercial contexts, provided that such use complies with all applicable laws, regulations, and these Terms. You retain full ownership rights to any Content created through our Service, and you are responsible for safeguarding these rights. In particular, you must ensure that your use of the Content does not infringe on the rights of any third party, including but not limited to intellectual property rights and privacy rights. You are solely responsible for any use of the Content outside of our Service, and we do not assume any liability for such use. We reserve the right to limit or prohibit your use of the Content outside of the Service if we believe, at our sole discretion, that such use is in violation of these Terms, infringes on the rights of any third party, or may expose us or any third party to legal liability.
For accounts with active or paused subscriptions, we do not delete any videos or other Content. However, for accounts where the subscription has been canceled and remains inactive for more than 3 months after the cancellation or expiration, we will permanently delete all associated videos and other Content. Additionally, for free accounts that have not been upgraded to a paid subscription, videos and Content will be deleted 3 months after their creation.
This Section 11 applies solely to our commercial customers (“Customers”) in addition to the Order Form signed upon subscribing to the Service (“Order Form”).
Customer may authorize individuals to access and use the Services (each, a “User”), and Users may include Customer's employees, affiliates and contractors acting on its behalf, so long as Customer remains responsible for their compliance with these Terms and the applicable Order Form.
Each subscription to the Services is subject to usage limits more fully described in the applicable Order Form. Except as otherwise provided, the listed quantities of the Services specified in the Order Form cannot be decreased prior to the end of the then-current Initial Term or Renewal Term (as defined in the Order Form), regardless of any termination, non-payment, or non-use by Customer.
For all commercial customers, the minimum contract term for subscriptions to the Services is one (1) year. This term begins on the effective date of the Order Form and automatically renews for subsequent terms unless terminated in accordance with the 'Termination' section of these Terms.
All unused minutes purchased under this Order Form will automatically expire at the end of the term unless the Order Form is renewed for future periods or a new Order Form is signed within 2 months after the termination of the current Order Form. If a new Order Form is signed within this period, the unused minutes will be retained and available for use. However, if the Order Form is not renewed or a new Order Form is not signed within the 2-month period, all remaining minutes will be irrevocably forfeited.
Full payment for all undisputed invoices must be received by the Company within 5 business days following the Customer's receipt of the respective invoice. Undisputed unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. The Customer is responsible for all taxes, including but not limited to sales, use, value-added, withholding, and similar taxes or levies, whether domestic or foreign, associated with the Services provided under this agreement. All fees and expenses are exclusive of Taxes, and the Customer is required to pay any applicable Taxes in addition to the fees for the Services, except for our income tax.
Customer and its Users will be responsible for (a) maintaining the security of its and their accounts, passwords and files, and (b) all uses of its and their accounts (with or without Customer's knowledge or consent), but excluding any unauthorized access caused by Company's failure to secure Customer's or its Users' access credentials.
Customer will not, directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to any portion of the Services, unless this restriction is not permitted under applicable law; (b) copy, modify, translate, or create derivative works based on any portion of the Services (except to the extent expressly permitted by Company or authorized within the Services); (c) sell, rent, lease, pledge, assign or use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (d) remove any proprietary notices or labels contained in the Services; (e) use any portion of the Services for any fraudulent or unlawful purposes or in violation of any third party's proprietary or contractual rights; (f) use any portion of the Services to build any products or services that are competitive to any portion of the Services or to create similar ideas, features, or functions of any portion of the Services; (g) interfere or attempt to interfere with the proper working of the Services or any other user's use of the Services; (h) bypass any measures Company or its licensors may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected) scan or test vulnerability of the Services or related products and services without Company's prior written consent; (i) access any portion of the Services for any benchmarking, comparative or competitive purposes; or (j) take any action that is inconsistent with Company's published policies regarding the use of the Services, including these Terms and Privacy Policy and/or the applicable Order Form. Although Company has no obligation to monitor Customer's use of the Services, Company may do so and may suspend or prohibit Customer's access to or use of all or any portion of the Services without incurring any resulting obligation or liability, if it believes in its reasonable discretion that Customer or its agents may be (or alleged to be) in violation of the foregoing, and this does not limit any of Company's other rights or remedies, whether at law, in equity, or under these Terms and/or the applicable Order Form.
Customer represents and warrants that Customer has all the rights, power and authority necessary to collect, share, and grant the rights granted herein to any data, images, video recordings, voice recordings, information, text, graphics, or other materials (collectively referred to as "Customer Data"), including without limitation all Personal Data (as defined below) provided to Company by Customer for processing on Customer's behalf. "Personal Data" means any information that relates to, describes, is capable of being associated with, or could reasonably be linked to (directly or indirectly) an identified or identifiable natural person or household, where identifiable means that it can be identified, directly or indirectly, in particular by referencing an identifier such as a name, an identification number, location data, online identifier, or to one or more factors specific to physical, physiological, genetic, mental, economic, cultural, or social identity. Customer will be solely responsible for the accuracy, quality and legality of Customer Data. Customer hereby grants Company a worldwide, non-exclusive, royalty-free, fully sublicensable, license to host, copy, transmit, display, and otherwise process and use Customer Data, solely as necessary for Company to carry out its obligations and exercise its rights under these Terms and/or the applicable Order Form. Consents. For the use of any footage of the actor or actress and for the creation of any video content through the Services, the Customer must have all legally required consents and permissions in place.
Customer or its Users may choose to use the Services with certain Third-Party Products (defined below). Use of Third-Party Products is subject to Customer's agreement with the relevant provider of such Third-Party Products and are not provided by Company and not governed by, or subject to, these Terms and/or the Order Form. To the fullest extent permitted under applicable law, Company will have no liability for Customer's or its Users' use of Third-Party Products, including their security, functionality, operation, availability, or interoperability or how the Third-Party Products or their providers use Customer Data (including Personal Data). By enabling or otherwise using a Third-Party Product with the Service, Customer hereby authorizes Company to access and exchange Customer Data with the Third-Party Product on Customer's behalf. "Third Party Products" means certain third-party applications, integrations, systems, or services used by Customer, but not supplied by Company, that are designed to interoperate with the Services.
Customer owns and retains all right, title and interest (including all intellectual property rights) in and to (i) the Customer Data, and (ii) the video content generated by the Services specifically for Customer (“Video Output"). Except for any Customer Data, including data or information inferred or derived directly from Customer Data, and the Video Output, Company will own and retain all right, title and interest in and to: (a) the Services and all improvements, enhancements or modifications thereto; (b) any software, applications, inventions, or other technology developed or used by Company in connection with the Services or support; and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary set forth herein, Company and its licensors will be permitted to compile (i) statistical and other information related to the performance, operation and users' use of the Services, and (ii) data related to identifiable users' usage of features and functionality within the Services (collectively, "Usage Data"). Usage Data is used solely (i) for billing during the Term (as defined below), (ii) during and after the Term to implement, operate, maintain and improve the Services and to fulfill its obligations hereunder; (iii) and during and after the Term, and in aggregated and anonymized (as each such term is defined in any applicable privacy law, and provided that such aggregated and anonymized Usage Data cannot under any circumstances be reidentified to a natural person) form, to create statistical analyses and for research and product development. If Company discloses any Usage Data to third parties for the foregoing purposes, such disclosure will be in a manner that does not identify, and cannot under any circumstances be reidentified to, Customer or its users. For the avoidance of doubt, Usage Data excludes all Customer Data.
During the Term (as defined in the Order Form), Customer may provide Company with feedback concerning the Services, or Customer may provide Company with other comments and suggestions for new products, features, or improvements (collectively, "Feedback"). Except for Customer Data therein, Customer grants Company an unrestricted, irrevocable right to use such Feedback in connection with the Services. All Feedback provided by Customer to Company will be provided on an "as is" basis with no warranty. For the sake of clarity, (i) Customer is not obligated to provide Company with any Feedback under these Terms and/or the applicable Order Form, and (ii) under no circumstances will Customer Data constitute Feedback under these Terms and/or the applicable Order Form.
Company will implement and maintain a written information security program that incorporates administrative, technical, and physical safeguards designed to ensure the security, confidentiality, and integrity of Customer Data.
If either Company or Customer suspects that there may be or has been unauthorized access or use of any Customer Data or materials relating to the Services (a "Security Breach"), that party will promptly notify the other party with confirmation of such notification in writing. Each party will take such actions and measures as may be reasonably necessary or appropriate to mitigate, or protect against, any loss, liabilities, or damages to Customer or Company (including preventing any further Security Breach) and will keep each other reasonably informed of all material developments in connection with such Security Breach.
Company may identify Customer as a user of the Services by referencing Customer's name and logo, provided that Company will cease making such references after receiving written notice from Customer to do so. In addition, Customer agrees to reasonably cooperate with Company in connection with publishing a case study regarding Customer's use of the Services; provided, however, such case study will be subject to Customer's prior review and approval, not to be unreasonably withheld.
No agency, partnership, joint venture, or employment is created as a result of these Terms and/or the Order Form and Customer does not have any authority of any kind to bind Company in any respect whatsoever. Company is an independent contractor of Customer. Company is solely responsible and liable for its own taxes, insurance premiums and employment benefits. No Company employee is eligible for any benefits (including stock options, health insurance or retirement benefits) provided by Customer to its employees. Company will not make any commitment binding on Customer or represent that it has authority to do so.
A party may terminate the Order Form for cause: (a) upon 30 days written notice to the other party if the other party materially breaches these Terms and/or the applicable Order Form and such breach remains uncured at the expiration of such period; or (b) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
If an Order Form is terminated by Customer in accordance with the 'Termination' section above, Company will refund Customer any prepaid Fees covering the remainder of the Term (as defined in the applicable Order Form) after the effective date of termination. If an Order Form is terminated by Company in accordance with the 'Termination' section above, Customer will pay any unpaid fees covering the remainder of the Term. For the sake of clarity, in no event will termination relieve Customer of its obligation to pay any fees payable to Company for the period prior to the effective date of termination. Within thirty (30) days following termination or expiration of these Terms and/or the applicable Order Form and unless prohibited by law, Company will delete all Customer Data provided by Customer.
The Customer represents and warrants that the Customer is not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to comprehensive international sanctions (collectively, "Sanctioned Jurisdictions"), and that the Customer does not engage, directly or indirectly, in any business activities with individuals, entities, or organizations that are located in, organized under the laws of, or ordinarily resident in any Sanctioned Jurisdictions, or that are the subject of any economic or financial sanctions imposed by the Hong Kong Special Administrative Region, the United Nations, the European Union, the United States of America, or any other relevant sanctions authority (collectively, "Sanctioned Persons"). The Customer further represents and warrants that it will comply with all applicable export control and economic sanctions laws and regulations. The Customer shall not remove or export, or allow the export or re-export of the Services, or any portion thereof, in violation of any restrictions, laws, or regulations of the Hong Kong Special Administrative Region, the United States (including the U.S. Department of Commerce and the Office of Foreign Assets Control), or any other applicable governmental agency or authority.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
We may use third-party Service Providers to monitor and analyze the use of our Service. By using the Service, you agree to the transfer of your data to these third parties for this purpose. If you do not agree to this, you should stop using the Service. For example, we may use either the following services:
Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Stripe is provided by Stripe, Inc. Stripe processes payments on our behalf, and the data collected is used to facilitate payment transactions for our Service. This data may include personal and financial information necessary to process payments securely. For more information on the privacy practices of Stripe, please visit the Stripe Privacy Policy web page: https://stripe.com/privacy. For more information on what type of information Stripe collects, please visit the Stripe Services Agreement: https://stripe.com/legal.
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service. We do not collect data from anyone under 18 years old. If we become aware that you are under 18 years old, we will immediately delete your account and all associated data.
If you are a user from mainland China, please note that our services are primarily targeted at overseas users, and our services to mainland China users are very limited. If you choose to use our Service, you acknowledge and confirm that:
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the Company and its licensors. This includes, but is not limited to, software, design elements, text, graphics, videos, and other materials created and provided by the Company. All rights, title, and interest in and to the Service, including any updates, enhancements, and modifications, are reserved by the Company and its licensors. Users are granted access to use the Service as provided but do not gain any ownership rights to any part of the Service or its content. The Service is protected by copyright, trademark, and other laws of the Hong Kong Special Administrative Region and other applicable jurisdictions. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@noiz.ai, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims". You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Our Service may contain links to third party web sites or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT Noiz Al Limited SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region without regard to its conflict of law provisions. Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong.You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
You agree not to bring or participate in a class action lawsuit or class-wide arbitration. Any disputes or claims arising out of or relating to the use of Service will be resolved on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support by email at contact@noiz.ai.