Terms and Conditions

Last updated: April 12, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named AI Questions

• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: California, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AI Questions.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to the Application.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Collection and Use of User Information

We will collect personal information from you and/or your child for the purpose hereof and in line with the principles of legality, legitimacy, necessity and transparency. If we use personal information about you and/or your child for any purpose other than those contained herein, or collect personal information from you and/or your child for any other purposes, we will notify you in a reasonable manner and obtain your prior consent as required under applicable laws. We do not require you or your child to disclose more information than reasonably necessary.

We may synchronize user personal information on your different mobile devices to ensure smooth user experience.

2.1 Personal information you provide during use of Question.AI

2.1.1 We respect user privacy and are committed to reasonably protect it in all material respects. You agree that we may collect the following personal information about you and/or your child:

• Information necessary to provide, maintain and improve Question.AI and/or our Services;

• Information knowingly supplied by you and/or your child; information collected with your consent;

• Information collected from other sources in line with this Policy (e.g., third-party service providers or social media platforms).

“Personal Information” means any information, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data or other information to which we have or are likely to have access, including data in our records as may be updated from time to time.

2.1.2 By registering an account with Question.AI, or accessing or using Question.AI (with or without a user account), you consent to provide us necessary information including your personal information as described herein.

User personal information that we may collect include, but is not limited to:

• email address;

• username;

• uploaded pictures or input text;

• purchase and payment records;

• device information;

• log information

The following describes the extent to which your personal information may be required and collected.

2.1.2.1 Registration

You may log in with your current Google or Apple account. When you do so, a Question.AI account will be automatically created.

You may also create a Question.AI account with your other emails. When you do so, there will be steps require you to enter necessary information (including a passcode of your choice) during the account creation process.

Please note that as an unregistered user, you may not be able to use certain features of Question.AI, but you may browse the contents and use the answer-searching features.

2.1.2.2 Profile creation

To ensure your pleasant experience with Question.AI, you can, but are not required to, provide a username to create a profile. If you do not create a personal profile with optional information, you will still enjoy the basic functions.

2.1.2.3 Answer-Searching

When you use the “Answer-Searching” feature, you can choose from the following three (3) measures to find the answer:

1. taking a picture for or choosing a picture from your album of the question and uploading it to Question.AI;

2. uploading a PDF file from your device internal storage to Question.AI;

3. inputting your question in text format.

Therefore, if you do not allow access to your album, device internal storage or text inputs, we may not be able to offer you this feature.

2.1.2.4 Online Payment

We offer value-added Plus  Services, for which you need to pay in the one of the following three (3) ways:

1. by credit card;

2. through a third party (such as Apple Pay, Google Pay, etc.); or

3. bank transfer (only accept to Stripe).

As a result of your payment, we may collect some financial information (e.g., payment records or other payment-related data).

2.1.2.5 Customer Service

When you contact our customer service, you may need to provide your account information for identify verification. In addition, you may need to submit relevant evidence (including but not limited to pictures or texts) and contact information. Without such information, we may not be able to respond to you promptly or assist you as desired.

2.1.2.6 User Consent

You will be asked to consent to the following:

• photos/storage: to collect the photos that you wish to upload and to search for answer to your questions (photos will be uploaded to our back-end server)

• files/storage: to collect PDF files that you wish to upload and to search for answer to your questions (PDF files will be uploaded to our back-end server)

• Internet access: to view WLAN state and network connections to optimize Internet access by cellular network status camera: to take photos and/or videos for your questions identity: to link to and enable login through a third-party account (e.g., Google or Apple)

Question.AI also requests your permission for flashlight and alarm wake lock, which do not collect user personal information.

2.2 User Information Automatically Collected

To safeguard the security of your account and better serve you, we will collect and use the following information generated during your use of Question.AI, but only to the extent permitted under applicable laws.

2.2.1 Device Information

When you use Question.AI, we will collect certain of your device information, including device ID, IMEI, OAID, MAC, browser type, operator information and usage, information about device location (IP address), device model, operating system version, IDFA (for iOS only), IDFV (for iOS only), Android ID (for Android only). Such information is the unique identification of the device, and we may combine it with other personal information we collect so that we can provide consistent Services.

2.2.2 Log Information

Question.AI will automatically collect and save user network logs, including browser type, browsing records, network diagnosis, so that we can evaluate use of Question.AI, optimize it and improve our Services.

2.3 User Information Obtained from Third Parties

2.3.1 We may collect and use user personal information from a third party upon your consent. We process your personal information in accordance with the contract with the third party and applicable laws, and we ask that you carefully read the service agreement and privacy policy of such third party. Your refusal to a third party’s collection, use or sending of your personal information may result in failure to use Question.AI. Please note that we do not condition your use of our Services on the disclosure of more personal information than is reasonably necessary.

2.3.2 When You log into Question.AI through a social media plug-in, you will be redirected to the third-party platform, where you can register or log into an account thereof. When logging in through the registered account of a permitted third party, your profile of that third-party account will be bound with an automatically created Question.AI account. Currently, we offer social media sign-in for Google and Apple users. Through the link between two accounts, we only collect user name and profile picture from the third-party account. Please note that even if the third-party provider may collect your device version, system version, generated ID, phone style, phone name, ICCID (for iOS only), BSSID (for iOS only), MAC (for iOS only), IMSI (for iOS only), IMEI (for iOS only) for their purpose, such information will not be needed by and transferred to us.

WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES OR PRACTICES OF ANY THIRD-PARTY WEBSITES AND MOBILE APPLICATIONS OR ANY SERVICES OFFERED BY SUCH THIRD PARTIES. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY BREACH OF YOUR AND/OR YOUR CHILD’S PRIVACY OF PERSONAL INFORMATION NOR FOR ANY LOSS INCURRED TO YOU AS A RESULT OF USE OF SUCH THIRD-PARTY PRODUCTS OR SERVICES.

2.3.3 When You pay for our value-added Services through a third party, we will collect your user’s name, profile picture and payment record from the third party.

2.4 Exceptions to Acquiring User Consent

Subject to applicable laws, we may not need to obtain your consent when collecting and using your personal information, but only if:

1. it is related to performance of the obligations required by applicable laws;

2. it is directly related to national security, public safety, public health, or significant public interests;

3. it is directly related to crime investigation, prosecution, trial and execution of judgment, or is required by the competent authorities or other circumstances required by applicable laws including but not limited to in response to court orders and subpoenas;

4. it is required for safeguarding a user’s life, property and other significant legal interests but it is difficult to obtain your consent, or we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users, or anyone else that could be harmed by such activities;

5. the information was made available to the general public by yourself;

6. it is necessary for execution and performance of a contract between you and us per your request;

7. the information is collected from legally and publicly disclosed channels, such as legal news reports, published government information or other channels;

8. it is necessary for maintaining the operation of Question.AI, such as troubleshooting, discovering and resolving issues in relation with Question.AI and/or our Services; or

9. other circumstances specified or permitted under applicable laws.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Cookies and Similar Technologies

A cookie is a data file, often including a unique identifier, that is sent to your browser from a web server and is then stored on the hard drive of your device.

We only use strictly necessary cookies. These cookies are essential in order to enable you to move around in Question.AI and use its features, such as remembering your log-in status and accessing secure areas. Without these cookies, certain services you ask for cannot be provided. These cookies do not contain any personal information. We use these cookies to remember the way you log in (by email, Google or Apple account) and provide our Services accordingly.

Reasons for Collection, Processing, and Use of User Information

In general, we collect, process, and use your information for the following purposes and legal bases.

4.1 We use your information collected by Question.AI to:

• provide our Services;

• improve Question.AI and/or our Services;

• respond to your questions and requests;

• provide you with a safe, efficient, and customized experience, and

• share with third parties (including the Chat-GPT platform) that help us deliver effective functionality.

4.2 We use aggregate user information and non-personal information to analyze Question.AI and user behavior and prepare aggregated reports.

4.3 We use user information to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities, establish, exercise, or defend a legal claim, and enforce our Terms of Use  or this Policy. We also use information in response to requests by government or law enforcement authorities, or in response to complaints where we are under a legal or regulatory obligation to adhere to a complaint-handling procedure.

4.4 We use user information to contact you to maintain Question.AI or to comply with your stated communication preferences, to provide other services as described at the time when we collect the information from you, or to contact you for other purposes authorized by law.

Share, Transfer and Disclosure of User Information

5.1 Share of user information

Except as otherwise expressly described herein or otherwise permitted by applicable laws, we will not share user personal information with any third party, unless:

1. you propose the request for doing so, or we have obtained your prior express consent for doing so;

2. it is related to performance of our obligations required by applicable laws;

3. it is directly related to national security, public safety, public health, and/or significant public interests;

4. it is directly related to crime investigation, prosecution, trial and execution of judgment, or is required by the competent or law enforcement authorities or other circumstances required by applicable laws including but not limited to in response to court orders and subpoenas;

5. it is required for safeguarding your life, property and other significant legal interests, but it is difficult to obtain your consent, or we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users, or anyone else that could be harmed by such activities;

6. the information was made available to the general public by yourself;

7. the information is collected from legally and publicly disclosed channels, such as legal news reports, published government information or other channels;

8. it is shared with our business partners, subsidiaries, affiliates, contractors, service providers, and

9. other third parties we collaborate with to support our Services in compliance with this Policy, as may be needed.

To provide users with integrated services of high quality, some features may be supported by our technical service contractors, and we may therefore subcontract the processing of personal information to them. We will enter into a strict confidentiality agreement and data processing agreement with each service contractor regarding user personal information. Such agreements will specify the responsibilities of the parties, the information to be processed, and the period, nature and purpose of processing. We will require the contactors to process user personal information only as per our request, this Policy and any other relevant confidentiality and security measures.

Any such contractor is deemed an independent data processor who has been asked to obtain your consent in its own name. Each contractor may have its independent service agreement and privacy policy, and we suggest that you read them carefully and decide on your own as to whether to grant consent. But please be reminded that your refusal may result in failure to use certain functions contained in Question.AI that are provided by such contractor.

5.2 Transfer of Control of User Information

In principle, we will not transfer the right to control user personal information to any other individual, company, or organization, unless we are subject to merger, acquisition, bankruptcy, or liquidation. On that occasion, we will notify you of the purpose of transfer, the type of information to be transferred and the recipient of that information.

5.3 Disclosure of User Information

Generally, we will not disclose any user personal information, unless:

1. it is necessary for us to perform our obligations stipulated in our Terms of Use , this Policy, or applicable laws;

2. we have obtained your consent;

3. we are legally required to do so in order to comply with applicable laws, governmental requests, judicial proceedings, court orders and subpoenas, or other legal requirements; or

4. we believe it is necessary to investigate, prevent, or act regarding illegal activities, suspected fraud, potential threats to the safety of any person, violations of our Terms and Condition or this Policy, or as evidence in litigation in which we are involved.

Management of User Information

6.1 Access, Correction and Portability

You are advised to ensure that your user information is accurate and complete. You have the right to log into and access your account at any time to view your user information, including your profile and account information. If you discover that your user information is incorrect or no longer up to date, or any other circumstance arises provided by applicable laws, you may contact us for assistance to correct or update you user information.

If you need a copy of your user information retained by Question.AI, you may contact us for assistance. Where it is technically feasible and reasonably requested by you, we may supply your user information to a third party.

6.2 Consent Withdrawal and Modification

To fully enjoy Question.AI, you may need to provide some basic personal information. If you want to withdraw certain consent, you may do so in the “Settings” menu. Alternatively, you may contact us for assistance.

Please note that after you withdraw or modify the scope of consent, we will no longer collect and use the pertinent personal information about you, and we may not be able to continue our Services to you. However, withdrawal or change to the scope of your consent will not affect our collection, processing and storage of your user information obtained on your prior consent unless such information is deleted from Question.AI.

6.3 Account Deletion

6.3.1 To delete your Question.AI account, you may go to the “Profile” page, and then click “Settings” – “Delete My Account”. Alternatively, you may contact us to request deletion.

6.3.2 Unless otherwise required by applicable laws, we may not delete certain user information from the backup system immediately but will do so when the backup system is updated or upgraded.

6.3.3 Deletion of your account is irreversible, and upon deletion you may no longer enjoy all contents or functions of Question.AI. Please be cautious when choosing to delete your account.

6.4 Respond to User Requests

6.4.1 When you contact us to exercise the user rights set out in Sections 4.1 through 4.4 above, we will need to verify your identity before processing your request. We will respond as soon as possible and generally no more than 30 days from receipt of your request and verification of your identity.

6.4.2 We do not ordinarily charge any fee for dealing with user inquiries and/or requests to the extent commercially reasonable. We reserve the right to refuse any request that:

1. is not directly associated with you or your child;

2. is repetitive without good cause;

3. needs excessive technical investment (for example, to develop new systems or fundamentally change existing business practices);

4. threatens the legal rights and/or interests of others;

5. is impossible, impractical, or unreasonable to implement;

6. or is in violation of our Terms of Use , this Policy and applicable laws.

Contact Us

We have established a department dedicated to user information protection and specially appointed a person responsible for child users’ personal information protection. If you have any question concerning user privacy or this Policy, please contact us through the following means: 

1. going to Question.AI Feedback for assistance;

2. sending an email to aiquestionsupport@yeah.net ; 

3. 
   

TUME INFINITIES HONG KONG LIMITED

Privacy Compliance Department