Terms of Service

Agreement to these Terms

1. Please read these Terms of Service (the “T&S”) carefully before accessing or using any materials made available on [https://aipower.tvb.com], or through any other media platform or application operated, in whole or in part, by TVB AI Power Limited or any of its subsidiaries (“we”, “us” or “our”).

2. These Terms of Service govern your access to, and use of the websites, cloud infrastructure, APIs, software, support, and related services provided by TVB AI Power Limited and its affiliates (collectively, “TVB AI” or the “Services”).

3. By creating an account, signing an order form, accessing, installing, or using any of our platforms or applications, you confirm that you:

• (a) have authority to accept these Terms for yourself or the organization you represent;
• (b) are at least 18 years old; and
• (c) agree to be bound by these T&S.

Orders and service documents

4. An order form, service description, acceptable use policy, data processing agreement, or other written agreement may apply to the Services. Those documents form part of the agreement between you and TVB AI Power Limited. If they conflict with these terms, the document that expressly states it has priority will control for the relevant Service.

Accounts and security

5. You must provide accurate account and billing information, keep credentials confidential, and use appropriate access controls. You are responsible for activities performed through your account and must promptly notify TVB AI Power Limited of suspected unauthorized access, credential compromise, or any security incident connected with your use of the Services.

Permitted and lawful use

6. You may use the Services only in compliance with all applicable laws in relevant jurisdictions, these terms, and the technical documentation. You must not interfere with or unlawfully manipulate the operation or security of the Services, attempt unauthorized access, dishonest use, misuse network resources, distribute malicious code, infringe third-party rights, or use the Services for unlawful, deceptive, or abusive activity.

7. You must not use our platforms and/or applications to:

• (a) make or transmit any disturbing, threatening, violent, immoral, pornographic or defamatory statement;
• (b) engage in any unlawful conduct;
• (c) harass, distress or inconvenience to any person; or
• (d) disrupt the normal flow of dialogue or any interactive function available through our platforms and/or applications.

Data information

8. You retain ownership of data, software, prompts, media, models, and other content submitted to the Services. You grant TVB AI Power Limited a limited right to host, process, transmit, reproduce, and format that content only as needed to provide, secure, support, and improve the Services or as required by law. You are responsible for ensuring that you have the rights and permissions needed to submit and process the data information.

Service changes and availability

9. TVB AI Power Limited may update, replace, suspend, or discontinue features to maintain security, reliability, legal compliance, or product quality. Planned maintenance will be communicated when reasonably practicable. Any service levels, availability commitments, remedies, or credits apply only when expressly stated in an applicable order form or service-level agreement.

Fees, billing, and taxes

10. You agree to pay fees shown in the applicable quotation, order form, or pricing page, together with applicable taxes in all relevant jurisdictions. Usage-based rates may change prospectively. Unless otherwise agreed in writing, invoices are due according to their stated payment terms, and TVB AI Power Limited may suspend the Services for overdue amounts after providing reasonable notice where required.

Intellectual property

11. TVB AI Power Limited and its licensors retain all intellectual property rights worldwide in perpetuity in the Services, platform, documentation, designs, trademarks, and underlying technology. Except for the limited right to use the Services during the applicable subscription or order period, no intellectual-property rights are transferred to you. Feedback may be used by TVB AI Power Limited without restriction or payment, provided it does not identify you or disclose your confidential information.

Third-party services

12. The Services may interoperate with third-party products, models, networks, payment providers, or websites. Third-party terms may apply to those products, and TVB AI Power Limited is not responsible for services controlled by third parties. You are responsible for configuring and using third-party integrations appropriately.

Suspension and termination

13. You may stop using the Services at any time, subject to committed orders and outstanding fees. TVB AI Power Limited may restrict, suspend or terminate access where reasonably necessary to address security risks, unlawful use, material breach, non-payment, or harm to the Services or other customers.

Warranties and liability

14. Except for commitments expressly provided in a written agreement, the Services are provided on an “as available” basis to the extent permitted by law.

15. We make no representation or endorsement and give no warranty of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

16. We will not be liable for indirect, incidental, special, exemplary, or consequential losses, including loss of profits, revenue, goodwill, or data. Any aggregate liability cap and exclusions will be governed by the applicable order form and mandatory law.

Compliance and trade controls

17. You shall comply with laws applicable to its performance under these terms, including privacy, export-control, sanctions, anti-corruption, and intellectual-property laws. You must not use or make the Services available where doing so would cause TVB AI Power Limited to violate applicable trade restrictions.

No Guarantee of Functionality

18. We do not warrant that the functions or materials contained in our platforms and/or applications will be uninterrupted or error-free, that defects will be corrected, or that our platforms and/or applications, any related software or device, or any server that makes them available, will be free of viruses or bugs or will provide full functionality, accuracy or reliability.

Limitation of Liability

19. In no event shall we be liable for any direct, indirect or consequential damages, whether in contract, negligence or other tortious action, arising out of or in connection with your use of our platforms and/or applications, or any omission or conduct of any party in connection with or relating to such use.

Service Availability

20. We shall not be liable for: (i) delay, deletion, mis-delivery, errors, interruptions in transmission or failure in the provision of the Services; or (ii) your inability to access all or part of the Services due to any delay or failure of communication networks or any party providing such access.

Indemnification

21. You agree to indemnify us and our licensors, and each of their respective directors, officers, employees and agents (each an “Indemnified Party”), from and against all losses, damages, claims, costs and expenses, including reasonable legal costs, incurred by any Indemnified Party arising out of or in connection with:

• (a) your breach or non-observance of any provision of these T&S;
• (b) your use of our platforms and/or applications;
• (c) any content or information you provide when using our platforms and/or applications;
• (d) any dealings with you through our platforms and/or applications; and
• (e) any personal information you submit.

Waiver

22. Our failure at any time to enforce any provision of these T&S, or to require you or any third party to perform any provision, shall not affect the validity of these T&S or our right to enforce them thereafter, nor shall any such failure constitute a waiver of that default, or of any other or subsequent default or breach by you or any third party.

Severability

23. If any part of these T&S is deemed unlawful or unenforceable for any reason, that provision shall be deemed severable from these T&S and shall not affect the validity or enforceability of the remaining provisions.

Interpretation and Modification of T&S

24. We have sole discretion to interpret and determine these T&S.

25. We may modify these T&S as posted from time to time without prior notice. Please keep yourself updated by regularly reviewing our platforms and/or applications. Your continued use of our platforms and/or applications after any change is posted will constitute your acceptance of that change.

Conflict

26. If there is any conflict between these T&S and any rules or specific terms of use appearing on our platforms and/or applications in relation to specific materials, those rules or specific terms of use shall prevail.

Use Outside Hong Kong SAR

27. We make no representation that materials on our platforms and/or applications are appropriate or available for use outside Hong Kong SAR. If you choose to access our platforms and/or applications from another location, you do so on your own initiative and are responsible for complying with local laws, to the extent applicable.

Governing terms and disputes

28. The governing law, courts, and dispute process stated in an applicable order form will apply. If no order form specifies them, the parties will first attempt in good faith to resolve a dispute through written notice and commercial discussion before commencing formal proceedings under applicable law.

Governing Law

29. These T&S shall be governed by and construed in accordance with the laws of Hong Kong SAR. Any dispute arising from or in connection with these T&S shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR.

Language

30. If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.

Changes and contact

31. TVB AI Power Limited may update these terms to reflect changes in law, technology, or the Services. Material changes will be communicated as required by law, and the updated date will appear on this page. Questions about these terms may be submitted through the contact channels available on the TVB AI Power Limited website.