“Me In Comics is an AI tool that is evolving and often doesn’t provide reliable results or output. You agree that you may be exposed to content on Me In Comics that you find offensive. You must use Me In Comics responsibly and in accordance with the Terms of Use and Acceptable Use Policy. This means that you are not allowed to upload or use any images that contain illegal or offensive content, including explicit sexual scenes, extreme violence, or that promote terrorism. Your use of Me In Comics is at your own risk. ”
Please confirm that you have read and agree to:
Me In Comics - Terms of Service
Me In Comics - Acceptable Use Policy
Me In Comics - Terms of Service
Last Updated: 13 December 2022
Please read these Terms of Service (the “Terms”) , our Acceptable Use Policy (the “AUP”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of Me In Comics (“MIC).
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TENCENT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1.Agreement to Terms. By using our services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the services.
2.AUP and Privacy Policy. Please review our AUP and Privacy Policy, which also govern your use of the services, for information on how you should use our service, as well as how we collect, use and share your information.
3.Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms to the service and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the services. If you continue to use the services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the services anymore. Because our services are evolving over time we may change or discontinue all or any part of the services, at any time and without notice, at our sole discretion.
4.Who May Use the Services?
You may use the services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the services under applicable law.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6.Your Content.
(a) Posting Content. Our services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the services is referred to as “User Content”. Tencent does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b)Permissions to Your User Content. By making any User Content available through the services you hereby grant to Tencent a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the services.
(c)Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the services, nor any use of your User Content by Tencent on or through the services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d)Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e)Tencent’s Intellectual Property. We may make available through the services content that is subject to intellectual property rights. We retain all rights to that content.
7.DMCA. Tencent respects copyright law and expects its users to do the same. It is Tencent’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
8.Links to Third Party Websites or Resources. The services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
9.Trade Laws. By using the Services, you warrant and represent that you are not:
(a) listed in any list of designated persons maintained by the United States (including, without limitation, the list of “Specially Designated Nationals and Blocked Persons” as maintained by the Office of Foreign Assets Control of the U.S. Treasury Department, the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanctions Targets as maintained by Her Majesty’s Treasury), the European Union and any Member State thereof (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of sanctioned persons maintained by any applicable governmental authority (any person so listed being a “Restricted Person”);
(b) organized under the laws of, operating from or located or resident in a country or jurisdiction that is the target of comprehensive sanctions (as of the date of this Agreement, Iran, Cuba, North Korea, Syria and the Crimea/Sevastopol region and the so-called Donetsk and Luhansk People’s Republics (collectively, “Sanctioned Jurisdiction”)); or
(c) controlled or owned 50 percent or more, directly or indirectly, by any Restricted Person or individual or entity organized under the laws of or located or resident in a Sanctioned Jurisdiction.
You agree that in your use of the Services, you will not violate applicable economic sanctions laws (including the sanctions laws of the United States, European Union, European Union member states, the United Kingdom, and the United Nations) (“Sanctions”) or use the Services in any way that involves, relates to, or is conducted on behalf of a Restricted Person, and without limitation to the above, transact or otherwise have any dealings involving any Restricted Person or Sanctioned Jurisdiction.
You further warrant and represent that if you become a Restricted Person or controlled or owned by 50% or more, directly or indirectly, by a Restricted Person or are or become located or resident in or organized under the laws of a Sanctioned Jurisdiction; or if provision of the Services becomes otherwise restricted or prohibited as a consequence of the imposition of Sanctions or by operation of Sanctions; or if we reasonably believe that you are in violation of Sanctions or are engaging in activities that would risk placing Tencent in breach of any Sanctions (a “Sanctions Event”), we are not be obliged to perform any of our obligations under this EULA and are entitled, in our sole discretion, to carry out whatever steps as may be necessary to comply with our legal obligations, including terminating your ability to use the Services or performing our reporting obligations to any relevant authority pursuant to applicable laws.
10.Termination. We may suspend or terminate your access to and use of the services, including suspending or terminating your access, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the services, the following Sections will survive: 6, 7, 9, 10, 11, 12, 13, 14, 15 and 16.
11.Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the services.
12.Indemnity. You will indemnify and hold Tencent and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the services, (b) your User Content, or (c) your violation of these Terms.
13.Limitation of Liability.
(a)TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TENCENT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TENCENT OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b)TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TENCENT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TENCENT FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TENCENT, AS APPLICABLE.
(c)THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENCENT AND YOU.
14.Dispute Resolution and Governing Law – United States
This section only applies if you are accessing, using, or have purchased the Services in the United States.
(a)Governing Law and Forum Choice. This Terms and any action related thereto, including but not limited to any dispute, controversy, difference, or claim arising out of or relating to this Terms and our services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Terms and our services (collectively, “Disputes”) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 13, the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.
(b)Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Terms, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Terms.
(c)Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
(d)Exceptions. As limited exceptions to Section 13(b) above: (i) we may both seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(e)Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(f)Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(g)Injunctive and Declaratory Relief. Except as provided in Section 13(d) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. You and we agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(h)Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 13) shall be null and void.
(i)Severability. With the exception of any of the provisions in Section 13(h) above, if an arbitrator or court of competent jurisdiction decides that any part of this Terms is invalid or unenforceable, the other parts of this Terms will still apply.
15.Dispute Resolution and Governing Law – Outside the United States
This section only applies if you are accessing, using, or have purchased the Services outside of the United States.
(a)Governing Law. You agree that any dispute, controversy, difference, or claim arising out of or relating to this Terms and our services, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Terms and our services (collectively, “Disputes”) will be resolved in accordance with the laws of Singapore without reference to choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Terms.
(b)Dispute Resolution. Any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.
(c)Arbitration Rules. The arbitration will be conducted in accordance with laws of Singapore with the seat of the arbitration in Singapore and the language of the proceedings will be in English. The Tribunal will consist of three (3) arbitrators, with each party nominating one arbitrator within thirty (30) days after the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the SIAC, and both arbitrators will be instructed to and will agree on the third arbitrator within ten (10) days of their confirmation by the SIAC. Should either party fail to appoint an arbitrator, or should the two arbitrators fail within ten (10) days to reach agreement on the third arbitrator, such arbitrator(s) will be appointed by the Secretary General of the SIAC. The arbitrators will award only such damages as are permitted to be awarded pursuant to this Terms.
(d)Costs. Each party will pay its own costs and expenses (including, without limitation, counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.
(e)Injunctive Relief. Notwithstanding anything to the contrary in this Terms, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.
16. General Terms.
(a)Reservation of Rights. Tencent and its licensors exclusively own all right, title and interest in and to the services, including all associated intellectual property rights. You acknowledge that the services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services.
(b)Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Tencent and you regarding the services, and these Terms supersede and replace all prior oral or written understandings or agreements between Tencent and you regarding the services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Tencent’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Tencent may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c)Notices. Any notices or other communications provided by Tencent under these Terms will be given: (i) via email; or (ii) by posting to the services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d)Waiver of Rights. Tencent’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tencent. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17.Contact Information. If you have any questions about these Terms or the services, please contact Tencent at xsjfbq_op@qq.com.
Me In Comics Acceptable Use Policy
Last updated：13 December 2022
Your use of the Me In Comics (“MIC”) service is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Tencent in its sole discretion, we may warn you or suspend or terminate your access to the service.
Please note that we may change our Acceptable Use Policy at any time, and pursuant to the MIC Terms of service (the "Terms"), it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
You agree not to do any of the following:
a)Post, upload, publish, submit or transmit any Content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b)Use the service for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
c)Access, tamper with, or use non-public areas of the services, Tencent’s computer systems, or the technical delivery systems of Tencent’s providers;
d)Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tencent or any of Tencent’s providers or any other third party (including another user) to protect the services or Content;
e)Attempt to access or search the services or Content or download Content from the services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tencent or other generally available third-party web browsers;
f)Use any meta tags or other hidden text or metadata utilizing a Tencent trademark, logo URL or product name without Tencent’s express written consent;
g) Use the services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
b.Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the services or Content;
i) Collect or store any personally identifiable information from the services from other users of the services without their express permission, or generate or disseminate personal identifiable information that can be used to harm an individual;
j) Impersonate or misrepresent your affiliation with any person or entity;
k) To generate or disseminate verifiably false information and/or content with the purpose of harming others;
l)To defame, disparage or otherwise harass others;
m)For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
n)For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
o)To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
p) For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
c． To provide medical advice and medical results interpretation;
r) To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
s) Violate any applicable national, federal, state, local or international law or regulation; or
t) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Last Updated: 13 December 2022
Please note that this privacy policy (“Privacy Policy”) only applies to the Me in Comics web application (“the Service”). If you use any other products or services, please refer to the privacy policy for that particular product or service.
If you have any questions about anything in this Privacy Policy, or want to exercise any rights you may have, our contact information can be found here. Please also review our Acceptale Use Policy (the “AUP”) and our Terms of Service (the “TOS”) for more information on how you should use our Service. If you do not agree to be bound by the Privacy Policy, AUP or TOS, please do not use the Services.
For the purpose of data protection laws, the data controller of your personal information in relation to the Service is Tencent Technology (Shanghai) Co., Ltd.
SUMMARY
Here is a summary of the information contained in this Privacy Policy. You can find more detail by clicking ‘More Information’.
What information do we need to be able to provide the Service?
We collect your IP address to determine your region/location as the Service is only offered in a few countries. If you choose to use the Service, you can upload your photographs and images. If you need to get in touch with us, we will retain some information (such as your email and any screenshots you send us) so that we can review and respond to your concerns.
How will we use your information?
We use your information to enable you to use the Service, resolve user queries, and to comply with our legal obligations and enforce our legal rights.
Who do we share your information with?
We use work with our affiliates within ur corporate group to help us deliver the best possible experience (such as content safety and moderation).
In some cases we may be required by a court or be under a legal obligation (such as a valid search warrant or subpoena) to disclose certain information.
Where do we process your information?
Pursuant to our contract with you, we may transfer data outside of the location in which you are based for the purposes described in this Privacy Policy.
We currently have servers for the Service located in Mainland China. The servers applicable to your use of the Service will depend upon your location. We also have support and content safety teams who may support the Service from Mainland China and Singapore.
How long do we keep your information?
Unless otherwise required or permissible by applicable laws, we only retain the image you upload for 7 days from the time of upload. We then delete or anonymise such data in accordance with applicable laws.
How can I exercise my rights over my information?
Certain jurisdictions offer users specific rights with respect to their information, so you may have a right to access or receive a copy of your data, or to delete your data or restrict or object to our processing of your data.
How will we notify you of changes?
Changes to this Privacy Policy will be posted here. We will also notify you of changes in accordance with relevant legal requirements.
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Welcome to Me in Comics!
This Privacy Policy explains the when, how and why when it comes to the processing of your personal information in connection with the Me in Comics web application (the “Service”), and sets out your choices and rights in relation to that information. Please read it carefully – it will allow you to understand how we collect and use your information, and how you can control it.
Please note that this Privacy Policy only applies to the Service. If you use any other products or services please refer to the privacy policy for that particular product or service.
If you do not agree to the processing of your personal information in the way this Privacy Policy describes, please do not provide your information when requested and stop using the Service. By using the Service you are acknowledging how we process your personal information as described in this Privacy Policy.
For the purpose of data protection laws, the data controller of your personal information in relation to the Service is Tencent Technology (Shanghai) Co., Ltd (“we”, “us”, “our”).
If you have any questions about anything in this Privacy Policy, or want to exercise any rights you may have, our contact information can be found here. You can also reach out to our data protection officer at xsjfbq_op@qq.com.
Children must not use the Service for any purpose, except where their parent or guardian has provided lawful consent (to the extent this option is available in your jurisdiction).
By children, we mean users under the age of 13 years old; or in the case of a region where the minimum age for processing personal information differs, such different age. You should in any case refer to the laws in your jurisdiction to ensure you are above the relevant legal minimum age.
Other than as provided above, we do not knowingly collect personal information from children under these ages for any purpose. If you believe that we have personal information of a child under these ages without lawful consent, or if you are the parent or guardian of the user and wish to withdraw consent, please contact us.
This section provides more detail on the types of personal information we collect from you, and why. For users who live in Brazil, the European Economic Area, Switzerland, Thailand, Turkey or the United Kingdom, it also identifies the legal basis under which we process your data.
Information you provide to us
a) Images that you upload when you use the Service
We use AI algorithms to apply stylized image effects to convert your uploaded images into anime-themed artwork. We also run your uploaded images through our content safety tool to detect and filter out abusive, illegal or prohibited content or activity (such as violent or pornographic imagery). We may also process uploaded images where required by law to do so and/or to enforce our AUP and TOS.
The legal bases (where applicable) are as follows: (i) Necessary to perform our contract with you to provide the Service. (ii) Legitimate interests to provide a safe environment for all our users and to ensure that the uploaded user content complies with our AUP and TOS. (iii) Consent.
b) Email address and information that you provide to us in your feedback regarding the Service
If you choose to, you may submit feedback on the Service to us. We may use this information to: (a) provide you with support and respond to your queries; (b) diagnose and fix issues in relation to the Service; and (c) to improve and develop the Service.
The legal basis (where applicable) is as follows: Legitimate interests to use the content of your feedback to improve and develop the Service.
Information generated as part of the Service
a) IP address
We use this information to determine if the Service is offered in your region/location. It is necessary to perform our contract with you to provide the Service.
b) AI-generated image converted from images uploaded by you
We generate the images to provide you the Service. It is necessary to perform our contract with you to provide the Service.
We also collect aggregated user engagement data and metrics to improve and develop the Service. This aggregated data may be derived from your engagement with the Service but will not constitute personal information as this data will not directly or indirectly reveal your identity.
Pursuant to our contract with you, we may transfer data outside of the location in which you are based for the purposes described in this Privacy Policy. We have servers for the Service in Mainland China. We also have support and content safety teams who may support the Service from Mainland China and Singapore.
Only where necessary will we share your personal information with third parties. Situations where this occur are:
Companies within our corporate group who process personal information solely for the purpose of providing the Service, namely, to ensure that images uploaded by users do not contain illegal or prohibited content (such as violent or pornographic imagery). All such group companies may only use the disclosed personal information in accordance with this Privacy Policy.
Regulators, judicial authorities and law enforcement agencies. There are circumstances in which we may be legally required to disclose information about you, such as to comply with legal obligations or processes. In complying with the terms of valid legal processes, such as a subpoena, or search warrant, unfortunately we may not be able to seek your consent to or notify you in advance of such disclosure.
Third parties to ensure safety, security, or compliance with laws. We may disclose your information to enforce our terms and conditions and other agreements, including investigation of any potential violation thereof; detect, prevent or otherwise address security, fraud or technical issues; or protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law.
A third party that acquires all or substantially all of us or our business. We may also disclose your information to third parties if we either: (a) sell, transfer, merge, consolidate or re-organise any part(s) of our business, or merge with, acquire or form a joint venture with, any other business, in which case we may disclose your data to any prospective buyer, new owner, or other third party involved in such change to our business; or (b) sell or transfer any of our assets, in which case the information we hold about you may be sold as part of those assets and may be transferred to any prospective buyer, new owner, or other third party involved in such sale or transfer.
We have information security and access policies that limit access to our systems and technology, and we protect data through the use of technological protection measures such as encryption.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will implement and maintain reasonable measures to protect your personal information, we cannot guarantee the security of the information transmitted through the Service or otherwise via the Internet; any transmission is at your own risk.
We do not keep your data for longer than is necessary to fulfil the relevant purpose described above unless we are required or permitted to do so under law. If we retain your information beyond the retention periods set out below, for example to comply with applicable laws, we will store it separately from other types of personal information.
For further details on how long we keep your data, please refer to the time periods set out below.
IP address: This information is processed only to determine your region/location and is not stored.
Images that you upload: Deleted after 7 days of you uploading the image, unless otherwise required to be stored for a longer period by applicable law or to enforce our TOS and AUP.
AI-generated image converted from images uploaded by you: Deleted after 7 days of generation of the image, unless otherwise required to be stored for a longer period by applicable law or to enforce our TOS and AUP.
Email address and feedback regarding the Service: Unless otherwise required by applicable law or to enforce our TOS and AUP, any personally identifiable information will be deleted within 30 days of us receiving it. We will only store anonymised information that will not and can not be linked to any individual.
Some jurisdictions’ laws grant specific rights to users of the Service. Please refer to the Supplemental Jurisdiction-Specific Terms, or the applicable laws in your jurisdiction, for an overview of specific rights that apply to persons subject to data protection laws in the listed jurisdictions and how these can be exercised.
You may have certain rights in relation to the personal information we hold about you. Some of these only apply in certain circumstances (as set out in more detail below). You can exercise some of these rights directly by contacting us. If you believe we hold any other personal information about you, please contact us.
Access
You may have the right to access personal information we hold about you, how we use it, and who we share it with. You can access the personal information you have made available by writing in to us.
Portability
In certain circumstances, you mave have the right to receive a copy of certain personal information we process about you. We can provide further information to you about transferring this data if you make such a request.
Correction
You may have the right to correct personal information we hold that is inaccurate.
Erasure
You
may be able to delete or remove certain personal information, by contacting us.
We may need to
retain personal information if there are valid grounds under data protection
laws for us to do so (for example, for the defence of legal claims or freedom
of expression) but we will let you know if that is the case. Where you have
requested that we erase the images that you have uploaded, as well as the
AI-generated images, we will delete them where are grounds for erasure. Where
applicable we will use reasonable steps to try to tell others that are
displaying the personal information or providing links to the personal
information to erase it too.
Restriction of Processing to Storage Only
You
may have a right to require that we stop processing the personal information we
hold about you (other than for storage purposes in certain circumstances).
Please note, however, that if we stop processing the personal information, we
may use it again if there are valid grounds under data protection laws for us to
do so (for example, for the defence of legal claims or for another’s
protection). Where we agree to stop processing the personal information,
we will take steps to tell any third party to whom we have disclosed the
relevant personal information so that they can stop processing it too.
Objection
You may have the right to object to our processing of your personal information. If you wish to do so, please contact us at xsjfbq_op@qq.com, and we will consider your request.
Consent Withdrawal
To the extent provided by applicable laws and regulations, you may withdraw consent you previously provided to us by contacting us at xsjfbq_op@qq.com. Where consent is required to process your personal information, if you do not consent to the processing or if you withdraw your consent we will not be able to provide the Service to you. Please note that the right to withdraw consent is only available if the legal basis for processing information is consent.
Announcements
We may from time to time send you announcements when we consider it necessary to do so (for example, when we temporarily suspend access to the Service for maintenance, or security, privacy or administrative-related communications). These are essential system and service-related announcements and you are not able to opt-out of these notifications, which are not promotional in nature.
Please get in touch with us if you have any questions. You can reach us in the first instance by email at: xsjfbq_op@qq.com
We will endeavour to deal with your request as soon as possible. This is without prejudice to any right you may have to launch a claim with a data protection authority in the region in which you live or work where you think we have infringed data protection laws.
If we make any changes to this Privacy Policy we will post the updated Privacy Policy here and notify you in accordance with relevant legal requirements.
Except as otherwise prescribed by law, in the event of any discrepancy or inconsistency between the English version and local language version of this Privacy Policy, the English version shall prevail.
SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC
Some jurisdictions’ laws contain additional terms for users of the Service, which are set out in this section. If you are a user located in one of the jurisdictions below, the terms set out below under the name of your jurisdiction apply to you in addition to the terms set out in our Privacy Policy above.
Argentina
If you are dissatisfied with our response to your request for access to, correction, or erasure of your personal information or your privacy complaint in respect of your personal information, you may contact the Agency for Access to Public Information at: Av. Pte. Gral. Julio A. Roca 710, Piso 2°, Ciudad de Buenos Aires (Telephone: +5411 3988-3968 or email: datospersonales@aaip.gob.ar). While we take reasonable steps to ensure that third party recipients of your personal information comply with privacy laws that are similar to those of your jurisdiction, by providing your personal information and by using the Service, you consent to the transfer of your personal information to a jurisdiction where privacy laws may not offer the same level of protection as the laws that may apply in Argentina.
Brazil
Whenever we use your personal information based on your consent, you may revoke the consent that you have previously given for the collection, use and disclosure of your personal information, subject to contractual or legal limitations. To revoke such consent, you can contact us as set out in Section 8 (Contact). This may affect our provision of the Service to you.
BY ACCEPTING THIS PRIVACY POLICY, YOU EXPRESSLY STATE THAT YOU AUTHORISE US TO COLLECT, USE, STORE, AND PROCESS YOUR PERSONAL INFORMATION, INCLUDING, DISCLOSING TO THIRD PARTIES, TO THE EXTENT PROVIDED BY THIS PRIVACY POLICY.
Hong Kong SAR
As a Hong Kong data subject you have legal rights in relation to the personal information we hold about you (to the extent permitted under applicable laws and regulations). Where applicable to you, you are entitled to make a subject access request to receive a copy of the data we process about you, a data correction request as well as a right to reject to the use of your personal data for direct marketing purposes. A fee may be chargeable by us for complying with a data access request.
Japan
If you are under the age of 20, you must obtain your parent’s or legal guardian’s consent to use the Service.
By clicking “accept”, you consent to the transfer of your personal information to third parties (if any), which may include the cross-border transfer of your information to any country where we have databases or affiliates and, in particular, to the jurisdictions specified in Section 4 (How We Store and Share Your Personal Information).
The categories of personal information specified in to the jurisdictions specified in Section 4 (How We Store and Share Your Personal Information) may include "special care-required personal information" (i.e., sensitive information as detailed under applicable law), and you consent to the collection of such information.
You may request us to notify you about the purposes of use of, to disclose, to make any correction to, to discontinue the use or provision of, and/or to delete any and all of your personal information which is stored by us, to the extent provided by the Act on the Protection of Personal Information of Japan. When you wish to make such requests, please contact us as set out in Section 8 (Contact).
Macau SAR
You have the right not to provide your personal information. However, as a result, we may not be able to provide the Service to you. As a Macau SAR data subject you have legal rights in relation to your personal information (to the extent permitted under applicable laws and regulations). You are entitled to make a subject access request to request a copy of the data we process about you, to make a data correction request, and have the right to oppose the use of your personal information for marketing or any other form of commercial prospecting, or on any grounds of personal nature. A fee may be chargeable by us for complying with a data access request.
Mexico
Some of the purposes of processing specified in Section 3 (How We Process Your Personal Information) are voluntary, which may include to show you personalised recommendations or advertising.
In general, we do not require your consent to carry out the transfers detailed in Section 4 (How We Store and Share Your Personal Information). In any case, by using the Service and providing us with your personal data, you agree to the data transfers detailed therein that require your consent.
To understand more about and exercise your rights, as well as the applicable means, procedures and requirements to exercise any of your rights as specified in Section 8 (Contact).
Peru
You may exercise rights related to the protection of personal information by requesting access to your personal information or the correction, deletion or suspension of processing of your personal information, pursuant to the Personal Data Protection Law (the “Law”). You may also exercise these rights through your legal guardian or someone who has been authorised by you to exercise the right. However, in this case, you must submit a power of attorney to us in accordance with the Law.
You can also withdraw your consent or demand a suspension of the personal information processing at any time.
If you consider that your request has not been met you may file a claim with the Peruvian National Authority of Personal Data Protection.
To protect your personal information and handle complaints relating to your personal information, you may contact us as set out in Section 8 (Contact).
Philippines
You are entitled to the following rights:
Right to be informed. You may in certain circumstances have the right to be informed whether personal data pertaining to you is being, or has been processed, including the existence of automated decision-making and profiling.
Right to object. You may in certain circumstances have the right to object to the processing of your personal information, including processing for direct marketing, automated processing or profiling.
Right to access. You may in certain circumstances have the right to seek reasonable access to, upon request, your personal information.
Right to rectification. You may in certain circumstances have the right to dispute an inaccuracy or error in your personal information and have us correct it, unless the request is vexatious or otherwise unreasonable.
Right to erasure or blocking. You may in certain circumstances have the right to suspend, withdraw or seek the blocking, removal or destruction of your personal information.
By consenting to this Privacy Policy, you consent to us:
collecting and processing your personal information as described in Section 3 (How We Process Your Personal Information);
sharing your personal information with third parties, companies within our corporate group, and a third party that acquires substantially all or substantially all of us or our business, as described in this Privacy Policy and for the purposes stated herein; and
transferring or storing your personal information in destinations outside the Philippines as described in Section 4 (How We Store and Share Your Personal Information)
Republic of Korea
For the performance of the services detailed in this Privacy Policy, we delegate the processing of your personal information to the following professional service providers:
Tencent Cloud Computing (Beijing) Co., Ltd, a company in Mainland China (Data Processor) (meeting_info@tencent.com): To run user-uploaded images through a content safety tool to detect and filter out abusive, illegal or prohibited content or activity (such as violent or pornographic imagery).
Aceville Pte Ltd, a company in Singapore (Data Processor) (cloudlegalnotices@tencent.com): To run user-uploaded images through a content safety tool to detect and filter out abusive, illegal or prohibited content or activity (such as violent or pornographic imagery).
Data Destruction
Personal information is retained in accordance with the data retention periods as detailed in section “Data Retention”. Personal information, which has fulfilled the purpose for which it was collected or used, and has reached the period of time during which personal information was to be possessed, will be destroyed in an irreversible way. Personal information stored in electronic files will be deleted safely in an irreversible way by using technical methods, and printed information will be destroyed by shredding or incinerating such information.
You may exercise rights related to the protection of personal information by requesting access to your personal information or the correction, deletion or suspension of processing of your personal information, etc. pursuant to applicable laws such as the Personal Information Protection Act (“PIPA”). You may also exercise these rights through your legal guardian or someone who has been authorized by you to exercise the right. However, in this case, you must submit a power of attorney to us in accordance with the Enforcement Regulations of the PIPA. You can also withdraw your consent or demand a suspension of the personal information processing at any time.
Additional Use and Provision of Personal Information
In accordance with the PIPA, we may use or provide personal information within the scope of reasonably related to the initial purpose of the collection, in consideration of whether disadvantages have been caused to data subjects and whether necessary measures have been taken to secure such as encryption, etc. We will determine with due care whether to use or provide personal information in consideration of general circumstances including relevant laws and regulations such as the PIPA, purpose of use or provision of personal information, how personal information will be used or provided, items of personal information to be used or provided, matters to which data subjects provided consent or which were notified/disclosed to data subjects, impact on data subjects upon the use or provision, and measures taken to protect subject information. Specific considerations are as follows:
whether the additional use/provision is related to the initial purpose of the collection;
whether the additional use/provision is foreseeable in light of the circumstances under which personal information was collected and practices regarding processing;
whether the additional use/provision unfairly infringe on the interests of the data subject; and
whether the necessary security measures such as pseudonymization or encryption were taken.
Russia
The Service is not directed at Russian users or Russian market and, in particular, is not available in the Russian language. However, if you happen to be using the Service in Russia, this section “Russia” applies to you. By using the Service you consent to:
for the purposes of the Russian Federal Law No. 152-FZ dated 27 July 2006 “On Personal Data” (as amended) or any replacement regulations, the processing of your information in accordance with this Privacy Policy; if legitimate interests, optimisation of the Service or carrying out of the contract are mentioned herein, you agree that, for the purposes of Russian law, the consent so provided can be considered an additional ground for processing (meaning that the processing is conducted with your consent); this consent also covers the processing of any cookies (to the extent that those qualify as personal data under Russian law);
the cross-border transfer of your information to any country where we have databases or affiliates, in particular as described in Section 4 (How We Store and Share Your Personal Information); and
for the purposes of Article 152.1 of the Russian Civil Code, the processing of your image in accordance with this Privacy Policy.
We will notify you of any material changes and may request you to acknowledge such changes. Unless we require your acknowledgment, you shall be deemed to have agreed to the changes if you continue using the Service after the notification.
Separate consent for using certain data
For the purposes of the operation of the Service, as part of its activities, we do not distribute (publically disclose) personal data without the appropriate consent of the data subject and in compliance with the requirements of Article 10.1 of Russian Federal Law No. 152-FZ dated 27 July 2006 “On Personal Data” (as amended).
By using the Service you also consent to the sharing of your personal information with certain third parties for the purposes set out under section 5 “How We Store and Share Your Personal Information”.
You determine, in your discretion, the terms of disclosure to the general public of your personal data, by choosing to use certain features of the Service and by choosing the appropriate privacy settings in respect of your personal information in the Service.
We process your personal information subject to the terms of this Privacy Policy and your chosen features and settings.
This consent is granted for as long as you use the Services. The consent may be withdrawn by you (and you may set any restrictions on processing of your relevant personal information) at any time by contacting us at xsjfbq_op@qq.com please include the word “Russia” in the subject line of your email.
Sri Lanka
By clicking “accept”, you consent to the Privacy Policy and permit the collection, use and disclosure of your personal information. However, if you are under the age of 18, you undertake that you have the consent of your parent or legal guardian to use the Service
Ukraine
By accepting this Privacy Policy, you expressly authorize us to collect, use, store, and process your personal data, including disclosing to third parties and transferring to countries other than Ukraine, to the extent and for the purpose provided by this Privacy Policy.
Vietnam
By accepting this Privacy Policy, you expressly agree and authorise us to collect, use, store, and process your personal information, including, lawfully disclosing and transferring it to third parties, as described in this Privacy Policy.
Where we permit any third parties to collect and use your personal information, we shall take reasonable measures to ensure that the third parties do not further disclose the personal information.
You have the right to access, correct, and erase the personal information we hold about you. You also have the right to withdraw your earlier provided consent to collect, store, process, use and disclose your personal information and to request us to stop providing your personal information to a third party.
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