Tencent QClaw Service Agreement

Last updated: April 16, 2026

1. Introduction

Welcome and thank you for your interest in the Tencent QClaw Application (the "Application"), an application which enables users to deploy and interact with autonomous AI agents on their personal computers through the OpenClaw open-source AI agent framework.

The Application provides, among other things, one-click deployment of the OpenClaw framework, integration with third-party messaging platforms, access to third-party large language model providers, a skills marketplace, and official plug-ins, as further described in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY

This Tencent QClaw Service Agreement (the "Agreement") is a legally binding contract between you (the "User" or "you") and the applicable Tencent contracting entity set out in the table below ("Tencent" "we", "us" or "our") regarding your use of the Application. In this Agreement, "User" and "Tencent" are each a "party" to the Agreement and, together, the "parties".

BY USING THE APPLICATION, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

The Agreement does not include the Tencent QClaw Privacy Policy ("Privacy Policy"). Please see our Privacy Policy for further information regarding our use of your personal data submitted to or via the Application. If you are not eligible, or do not agree to the Agreement, then you do not have Tencent's permission to use the Application. YOUR USE OF THE APPLICATION, AND TENCENT'S PROVISION OF THE APPLICATION TO YOU, CONSTITUTES AN AGREEMENT BY TENCENT AND BY YOU TO BE BOUND BY THIS AGREEMENT.

If you do not agree to this Agreement, please do not use the Application.

Eligibility. You must be of a certain age to accept this Agreement and use the Application. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years old or the legal minimum age in your jurisdiction (or if you are under such age, your parent or legal guardian has read and agreed to this Agreement on your behalf); (b) you have not previously been suspended or removed from the Application; and (c) your registration and your use of the Application is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement and you agree to be bound by this Agreement.

Changes to this Agreement. We may need to change or update this Agreement from time to time to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you in advance when material changes to this Agreement occur, and will update the last updated date at the top of this Agreement. TO THE EXTENT THAT IT IS LEGALLY PERMITTED ACCORDING TO THE LAW IN YOUR APPLICABLE JURISDICTION, YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.

IF YOU DO NOT OBJECT TO THE CHANGES OR TERMINATE THE USE OF THE APPLICATION PRIOR TO THEIR TAKING EFFECT, YOU ARE DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU OBJECT TO THE CHANGES, WE MAY TERMINATE YOUR USE OF THE APPLICATION BY THE EFFECTIVE DATE OF THE CHANGE. WE WILL POINT TO THIS CONSEQUENCE OF YOUR INACTIVITY AND OUR RIGHT TO TERMINATE IN CASE OF YOUR OBJECTION IN THE NOTIFICATION OF THE CHANGE.

Jurisdiction-Specific Terms

Depending on where you are resident, there may be separate, supplemental terms applicable to your access or use of the Application, in which case you agree to the supplemental terms for the relevant jurisdiction in the "Jurisdiction-Specific Terms" section below. In the event of a conflict between the provisions of the Jurisdiction-Specific Terms section that are relevant to your jurisdiction for your access or use the Application, and the rest of this Agreement, the relevant Jurisdiction-Specific Terms will supersede and control. Access to the Application from jurisdictions where the content or practices of the Application is illegal, unauthorized or penalized is strictly prohibited. If you do not agree to this Agreement, you must not access or use our Application.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN SUCH ARBITRATION CLAUSE, YOU AND TENCENT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TENCENT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Your Account

Account Registration. When you register for an account to access the Application ("Account"), you are responsible for safeguarding any and all Account details and access credentials, and you shall be responsible for any use of the Account or Application and all activities that occur under your Account, regardless of whether the activities are authorized or undertaken by you, your employees or a third party, and including in circumstances due to your failure to properly safeguard such Account details and access credentials.

Except to the extent caused by our breach of this Agreement, Tencent and its affiliates are not responsible for any unauthorized access to your Account. Any breach of this Agreement or any use of your Account by anyone will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. We may deny you the right to create an account.

Provision of Information. To the extent you provide any information to us when using the Application (e.g. account information), you agree that the information you provide to us is true, accurate and complete. If any change occurs to the information you provide to us, you shall promptly notify Tencent of such change.

Retrieve your Account. If you request to retrieve your Account when your access to the Application is denied due to the loss of account information or forgotten password, you are required to provide certain information and verification documentation according to the account retrieval process published by us officially, and to ensure that all such information and documentation is legitimate, truthful and valid. Your Account may not be retrieved if the information or documentation provided by you fails our security verification, and you are solely liable for any and all risks and losses arising therefrom.

We have no obligation to retrieve Accounts created via third party platform accounts or for such third party accounts. You acknowledge and agree that if your Account is not directly registered and created via the Application and instead you register for an Account through a third party platform account (e.g., through your Google or Apple account), then the applicable third party who owns the platform for the account through which you register (e.g. the relevant entity providing the Google or Apple account service) is responsible for that account and the information associated with that account, including the user ID or password used to create an Account. We have no obligation to retrieve such account or the information associated with that account, including the user ID or password used to create an Account or otherwise provide services in connection with such account or user ID. All the matters relating to such third party account and user ID shall be resolved by you and the applicable third party, provided that you shall inform us in the event that the account or the information, including the user ID or password used to create an Account, is stolen or otherwise not used in an ordinary course.

3. Use of Application

Application Fee and Billing. The Application operates on a hybrid billing model comprising subscription-based plans and usage-based top-ups. Users select a subscription plan ("Subscription Plan") that includes a monthly allocation of tokens ("Token Allowance"). Subscription Plans are available on a monthly or annual billing cycle, with pricing as set out on the subscription page within the Application. Unless otherwise expressly set forth in any region-specific or Application-specific terms, all fees displayed on the subscription page are exclusive of any Taxes. You agree that you are solely responsible for payment of all fees and Taxes associated with your purchase and use of the Application. Current pricing information may be updated by Tencent from time to time upon reasonable prior notice to you. Specific commercial and transactional details, including applicable plan tiers, per-token rates, token allocations, and pricing, are set out on the subscription page within the Application. To the extent of any inconsistency between the commercial and transactional details displayed on the subscription page at the time of your purchase and the general descriptions in this Section 3.1, the terms displayed on the subscription page shall prevail.

When a user's Token Allowance is exhausted within a billing cycle, additional token consumption is charged on a pay-as-you-go basis through purchasable top-up packs ("Top-Up Packs"). Top-Up Packs are one-time purchases and do not auto-renew.

Each user receives a complimentary daily token allowance at no cost ("Free Initial Credits"), the amount of which is specified on the subscription page within the Application. Free Initial Credits are a standing daily grant and do not constitute a free trial. There is no automatic conversion from Free Initial Credits to a paid Subscription Plan.

Active Subscription Plans renew automatically at the end of each billing cycle (monthly or annual) unless cancelled by you prior to the relevant renewal date ("Auto-Renewal"). By subscribing to a Subscription Plan, you authorize Tencent to charge the applicable subscription fee, together with any applicable Taxes, to your chosen payment method on each renewal date until you cancel. Tencent shall use reasonable efforts to notify you in advance of each Auto-Renewal.

You may cancel your Subscription Plan at any time via the one-click cancellation mechanism within the Application. Cancellation takes effect at the end of the then-current paid billing cycle – you will retain access to your Subscription Plan benefits (including any remaining Token Allowance) for the remainder of that cycle. No pro-rata refunds are issued for the unused portion of the current billing cycle. Unused tokens from a cancelled Subscription Plan do not carry over beyond the end of the current billing cycle.

All payments are processed through the Midas payment platform ("Midas"). The applicable Tencent contracting entity identified in the table above shall be the contracting party and payee in respect of your purchase and use of the Application, depending on your location. By using the Application, you agree to be bound by any applicable terms and conditions governing the use of Midas. Tencent is not responsible for any errors, delays, or failures in payment processing attributable to Midas or any third-party payment provider.

You are responsible for monitoring your token consumption. Tencent shall make reasonable efforts to provide you with access to usage data within the Application, but does not warrant that such data will be available in real time.

Subject to Section 3.1d), fees (including subscription fees and Top-Up Pack charges) are non-refundable except where: (i) Tencent determines, in its reasonable discretion, that a billing error has occurred; or (ii) applicable law requires otherwise. Any billing dispute must be raised in writing within thirty (30) days of the date of the relevant charge. Failure to raise a dispute within such period shall constitute acceptance of the charge.

All payments made by you shall be made free and clear of and without deduction for any tax, set-off, withholding or counterclaim. To the extent that you are required by applicable law to make any deduction or withholding of tax, you shall provide Tencent with an official tax receipt or other appropriate supporting documentation within thirty (30) days after payment of the deduction or withholding tax and increase the amount paid to Tencent to the extent necessary to ensure that Tencent receives a sum equal to the amount it would have received had no such deduction or withholding been made.

Tencent reserves the right to suspend or restrict your access to the Application if any amounts owing remain unpaid for more than fourteen (14) days following their due date.

Taxes and Additional Charges.

Unless otherwise expressly set forth in any region-specific or Application-specific terms, all fees payable for the Application are exclusive of any Taxes.

You are solely responsible for all Taxes associated with your purchase or use of the Application. "Taxes" means any duties, customs fees, or taxes (other than Tencent's income tax) associated with the purchase or use of the Application, including any related penalties, interest or other additions thereto.

You are responsible for providing accurate billing, account, and location information. Any additional Taxes arising from inaccurate, incomplete, or outdated billing, account, or location information provided by you shall be borne solely by you.

Any currency conversion fees, foreign transaction fees, bank charges, or payment processing fees imposed by your bank, card issuer, payment processor or other third party in connection with your payment are not included in the fees charged by Tencent shall be borne by you.

Application Modification. Tencent may discontinue or make any changes to the Application (or any portion thereof) at any time without incurring liability to you. Tencent may choose to, without limitation, discontinue, limit, restrict, change or remove the Application, any Application component, or availability of the Application (or any portion or component thereof). If Tencent discontinues or makes any changes to the Application that would materially decrease the functionality of the Application, Tencent will use commercially reasonable efforts to inform you of the change with reasonable advance notice before it goes into effect (e.g. via in-app pop up). Tencent may make the change, and will not be obligated to provide notice, if the discontinuation or change is necessary to address an emergency or threat to the security or integrity of the Application or Tencent, comply with or respond to litigation, address Intellectual Property Rights (defined below) concerns, or comply with the law or government requests. Tencent may provide periodic updates to the Application from time to time. Tencent may also make new features or functionality available from time to time through the Application and add new features to the Application from time to time, the use of which may be contingent upon your agreement to additional requirements.

Application Interruption. We reserve the right to interrupt the availability of the Application or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation under the following circumstances:

maintenance, updates and fixation of server, network, software and/or hardware which are necessary to provide the access of the Application to you;

Force Majeure (defined below);

in accordance with the order of governmental authorities or other in-charge authorities; and

in order to comply with applicable laws.

You agree that we will not be liable for any interruption of the Application or any part thereof, delay or failure to perform resulting from the circumstances referred to in the preceding paragraph. We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Application (or any part thereof) as we see fit in our sole discretion.

Suspension or Termination of Application. The Application may be updated and your Account may be suspended or terminated if the following conditions are met.

Please note that regardless of any notice, we reserve the right to suspend your Account or to modify, adapt or update the Application, subject to this Agreement, at any time in our sole discretion for any reason (to the fullest extent possible under law). When making such changes we will duly consider your reasonable interests.

If your Account is suspected to be involved in illegal or improper activities (such as hacking, being hacked, etc.), you shall cooperate with (e.g., answer the questions truthfully) the relevant personnel designated by us to solve the issue. You further acknowledge and agree that, if we determine that your Account is involved in any improper or illegal acts, we have the right to suspend or terminate your access to the Account, take remedial measures and to inform the relevant authorities and act in conformity with any authority's directions or guidance. You also acknowledge and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal acts of your Account.

In the event that Tencent determines at its sole discretion that your use of the Application could: (i) disrupt the Application; (ii) disrupt use of the Application by a third party; (iii) disrupt the Tencent network or servers used to provide the Application; (iv) allow unauthorized third party access to the Application; or (v) otherwise pose a security risk or threat or result in any legal or regulatory liability to Tencent, then Tencent or its affiliates may immediately and without prior notice to you, restrict or suspend your use of the Application, to the extent required to address such concern.

Monitoring and Circumvention. The Application includes functions to detect circumvention measures or unauthorized and malicious programs. Tencent may access, collect, monitor and/or remotely store information relating to hardware capacity, modifications related to Application, software, signatures, profiles or names of known unauthorized or malicious third party programs, files or processes that enable or facilitate circumvention of controls, unfair advantage or hacking of Application. If unauthorized or malicious programs are detected, the Application may also communicate to us the user's Account and user ID and information about the unauthorized or malicious program or its use. Details of the aforementioned measures, if any, are set out in the Privacy Policy.

Third Party Products and Application. You are solely responsible for any software, tools, websites or applications used by you in connection with your use of the Application ("Third Party Software"), including third party software made available or offered in connection with the Application. Tencent is not responsible for and is not liable for any damages or losses arising from the use of the Third Party Software, and Tencent does not endorse, support or guarantee the quality, reliability, or suitability of any Third Party Software. You agree that the use and making available of any Third Party Software is at your own risk. You shall comply with any terms and conditions applicable to Third Party Software. Tencent does not provide any technical support for any Third Party Software.

Links to third party platforms. The Application may provide links or references to other websites or other platforms operated by third parties. These third party platforms are not governed by the Agreement but by other agreements or policies that may differ from the Agreement. In visiting any third party platforms, whether linked to the Application or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third party platforms or any content in such platforms. We encourage you to review the terms of use of each third party platform visited before using those platforms.

Third-Party AI Model Integration.

The Application supports two categories of third-party large language model integration:

Tencent-Procured Models. Tencent licenses and makes available to users certain third-party large language models, including but not limited to models from OpenAI (GPT series), Google (Gemini), Zhipu AI (GLM), Moonshot AI (Kimi), and Minimax (each, a "Tencent-Procured LLM Provider"). Tencent dynamically allocates Tencent-Procured Model resources based on availability, capability, and other operational factors, and does not guarantee that any particular Tencent-Procured LLM Provider or model will be available for any given task.

User-Integrated Models. The Application also provides a technical interface through which you may connect third-party large language models using your own API keys or other supported integration methods (each, a "User-Integrated LLM Provider"). Tencent does not procure, license, or otherwise provide User-Integrated Models. Your use of any User-Integrated LLM Provider is governed solely by the terms of your own agreement with that provider.

Tencent-Procured LLM Providers and User-Integrated LLM Providers are each referred to as an "LLM Provider" and collectively as the "LLM Providers".

With respect to User-Integrated Models, you acknowledge and agree that:

Tencent's sole role is to provide the technical interface through which you connect your chosen User-Integrated LLM Provider to the Application;

Tencent has no visibility into, and assumes no responsibility for, the terms, pricing, data handling practices, availability, or performance of any User-Integrated LLM Provider;

you are solely responsible for ensuring that your use of any User-Integrated LLM Provider complies with that provider's terms of service, acceptable use policies, and applicable law;

you are solely responsible for the security and confidentiality of any API keys or credentials used to connect a User-Integrated LLM Provider, and Tencent shall have no liability for any unauthorised use of, or access obtained through, such keys or credentials; and

to the maximum extent permitted by applicable law, Tencent shall have no liability whatsoever for any loss, damage, or claim arising from or in connection with your use of any User-Integrated Model, including but not limited to the accuracy, legality, or fitness for purpose of any AI Output generated by a User-Integrated Model.

Tencent is not a party to any agreement between you and any LLM Provider. Your use of the Application does not create any contractual or other relationship between you and any Tencent-Procured LLM Provider. Tencent shall not be liable for any act, omission, change of terms, suspension, or discontinuation by any LLM Provider.

To the extent permitted by applicable law and by the applicable LLM Provider's terms of service, you shall own any rights in AI Outputs that are capable of legal protection in your jurisdiction, subject to: (i) any limitations imposed by applicable law on the protectability of AI-generated content; (ii) any rights retained by the relevant LLM Provider under its own terms of service; and (iii) any licence granted to Tencent under this Agreement. Tencent makes no representation or warranty that AI Outputs are capable of intellectual property protection in any jurisdiction. You are solely responsible for determining the legal status and protectability of any AI Output.

Skills Marketplace. The Application includes a curated marketplace of pre-built skill templates ("Skills Marketplace" or "Inspiration Square"). Skills available in the Skills Marketplace are sourced from the official OpenClaw platform. You may also import skills from third-party repositories (including GitHub) or create your own skills (collectively, "User Skills").

The Application includes a built-in security scanner that automatically scans skills upon installation. Skills identified as presenting elevated security risks will be flagged with a warning ("High-Risk Warning"). You acknowledge and agree that: (i) the security scanner is provided on an "as is" basis and does not guarantee the detection of all security vulnerabilities, malicious code, or other risks; (ii) Tencent does not warrant that any skill, whether sourced from the Skills Marketplace, imported from a third-party repository, or user-created, is free from errors, vulnerabilities, or malicious code; and (iii) the absence of a High-Risk Warning does not constitute an endorsement or certification of any skill's safety, security, or fitness for any purpose.

You retain the ability to override a High-Risk Warning and proceed with installation of a flagged skill. If you choose to override a High-Risk Warning, you do so entirely at your own risk and you acknowledge that: (i) you have been informed of the elevated risk associated with the skill; (ii) you assume sole responsibility for any and all consequences arising from the installation and use of such skill, including but not limited to data loss, system damage, unauthorised access to your device or data, and any third-party claims; and (iii) to the maximum extent permitted by applicable law, Tencent shall have no liability whatsoever in respect of any loss or damage arising from your decision to override a High-Risk Warning.

If you create or publish a skill through the Application or the Skills Marketplace, you grant Tencent a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to host, reproduce, distribute, display, and make available such skill through the Application and the Skills Marketplace for so long as the skill remains published. You represent and warrant that you have all necessary rights to grant such licence and that your skill does not infringe the Intellectual Property Rights or other rights of any third party.

Tencent reserves the right to remove, disable, or restrict access to any skill (including User Skills) at any time and without prior notice if Tencent reasonably determines that such skill violates this Agreement, applicable law, or poses a security or operational risk.

System-Level Permissions and AI Agent Actions. The Application may request and, upon your authorisation, obtain system-level permissions on your device, including but not limited to access to the file system, camera, email client, web browser, command-line interface, and the ability to execute system commands (including shutting down your computer) (collectively, "System Permissions"). You may grant or deny individual System Permissions at first use and may revoke any System Permission at any time through the permissions management interface within the Application.

Certain operations designated by the Application as sensitive will trigger a secondary confirmation prompt prior to execution. You may configure the Application to operate in "auto-execute" mode, which bypasses individual per-action confirmation prompts for subsequent operations within the scope of the System Permissions you have granted. By enabling auto-execute mode, you acknowledge and agree that: (i) the AI agent will execute actions within the scope of your granted System Permissions without requiring your individual confirmation for each action; (ii) you assume sole responsibility for all actions taken by the AI agent while auto-execute mode is enabled, including any unintended, erroneous, or harmful actions; and (iii) Tencent strongly recommends that you review your granted System Permissions before enabling auto-execute mode and that you disable auto-execute mode when not actively supervising the Application.

You acknowledge and agree that actions taken by the AI agent under your granted System Permissions, including but not limited to file deletion, file transmission, email sending, command-line execution, browser navigation, and computer shutdown, may be irreversible and may result in data loss, system damage, unintended communications, or other adverse consequences. To the maximum extent permitted by applicable law, Tencent shall not be liable for any loss or damage arising from actions taken by the AI agent within the scope of System Permissions granted by you, whether or not auto-execute mode was enabled at the relevant time.

You are solely responsible for: (i) determining which System Permissions to grant; (ii) supervising the AI agent's use of such permissions; (iii) maintaining adequate back-ups of your data; and (iv) ensuring that the grant of System Permissions and the actions performed by the AI agent do not violate any applicable law, regulation, third-party rights, or third-party terms of service.

Third-Party Messaging Platform Integration. The Application enables integration with third-party messaging platforms, currently including WhatsApp, Telegram, and Discord (each, a "Messaging Platform"). Integration with additional messaging platforms may be introduced from time to time.

You acknowledge and agree that: (i) each Messaging Platform is owned and operated by a third party and is governed by that third party's own terms of service, acceptable use policies, and privacy policies; (ii) Tencent has no control over, and assumes no responsibility for, the availability, functionality, security, or conduct of any Messaging Platform; (iii) the continued availability of any Messaging Platform integration is dependent upon that third party's policies and may be suspended, restricted, or discontinued at any time without notice to or liability on the part of Tencent; and (iv) your use of any Messaging Platform through the Application must comply with that Messaging Platform's applicable terms of service, and you are solely responsible for ensuring such compliance.

Tencent does not access, store, or process the content of messages transmitted through any Messaging Platform except to the extent strictly necessary for the technical operation of the Application and as further described in the Privacy Policy. Tencent makes no representation or warranty regarding the security or confidentiality of any data transmitted through a Messaging Platform.

Official Plug-ins. The Application includes official plug-ins provided by Tencent ("Official Plug-ins"). Only Official Plug-ins are supported within the Application. You may not import, install, or use any third-party plug-ins within the Application. For the avoidance of doubt, skills (including User Skills imported via the Skills Marketplace or third-party repositories) are distinct from plug-ins, and the foregoing restriction applies to plug-ins only. Tencent may update, modify, or discontinue any Official Plug-in at any time. Tencent does not warrant that Official Plug-ins will be free from errors or compatible with all system configurations.

4. Customer SUPPORT and contact us

Support for the Application. Except to the extent required by applicable laws with respect to consumers or as otherwise provided in this Agreement, Tencent is under no obligation to provide technical support or other services.

Customer support. If you have any questions (including problem consultation, complaints, etc.) about this Agreement or the use of the Application, you can contact us at qclaw@tencent.com.

We will reply to you as soon as possible after receiving your feedback, and respond to your request, and if applicable, within the time limit stipulated by laws and regulations.

5. User's Rights and Obligations

Compliance. You are solely responsible for ensuring your use of the Application (including any User Content (defined in section 9.5) and User Skills) complies with this Agreement and applicable laws. You acknowledge and agree that you are responsible for your User Content and use of the Application and for otherwise complying with this Agreement and applicable laws. Without limiting the foregoing, you agree to provide any notices to, and obtain any necessary consents from, any individuals in connection with any actions performed by or data processed through Application, as required under applicable law.

Responsible for your own device. You are required to provide your own computer, network equipment and/or network resources for use of the Application, and to pay for all fees incurred as a result of having access to the Internet or cellular network. You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers. If you download the Application onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with this Agreement, whether or not you own the device.

Security of Application. If you are aware of any illegal use of your Account or any Account security issues, please notify us immediately. You shall not circumvent our technical measures:

We may take technical measures in the Application to prevent unauthorized use of the Application and to prevent any violation of this Agreement. You acknowledge and agree that you will not seek to circumvent such technical precautions in any manner.

You must ensure that your device meets the requirements for the installation and use of the Application. The installation of the Application may disable other software or program running on your device. Your failure to install the Application or any updates in accordance with our installation instructions may result in dysfunction of the Application in whole or in part.

You must avoid (i) transmitting User Content containing viruses, harmful code or destructive data, or any malware characteristics (including as defined by applicable laws and regulations) to the Application; or (ii) sending or store computer code, files, scripts, and programs that contain viruses, worms, Trojan horses, or other harmful programs, through the Application or by any other means.

You must not install or use any skill that you know or reasonably suspect to contain malicious code, or use any skill, System Permission, or Application feature for the purpose of gaining unauthorised access to any system, network, data, or account, whether your own or belonging to any third party.

Reasonable Use. We expect that Users will use the Application reasonably. If any User's use of the Application exceeds reasonable and normal standards, we may monitor the Application usage of such user in a manner that is in line with our Privacy Policy. If we, using general industry standards, identify any violating, abnormal or unreasonable use (at our reasonable and unilateral discretion), we shall have the right to take measures reasonably necessary to protect the Application (including its availability and security), you and/or other users, including without limitation, restriction or suspension of the Application, in part or in whole, to such user. In such cases, our termination rights set out in section 11.2 may also apply.

System Permissions and User Responsibilities. Without limiting Section 3.10, you acknowledge and agree that: (a) you are solely responsible for configuring, granting, and revoking System Permissions in a manner appropriate to your use of the Application and your security requirements; (b) you shall regularly review the System Permissions you have granted and revoke any permissions that are no longer required; (c) you shall maintain adequate and up-to-date back-ups of all data stored on any device on which the Application is installed; (d) you shall not enable auto-execute mode unless you have reviewed and understood the scope of the System Permissions granted and the associated risks; and (e) you are solely responsible for any consequences arising from the AI agent's actions taken within the scope of your granted System Permissions.

Third-Party Messaging Platform Compliance. You are solely responsible for ensuring that your use of the Application's integration with any Messaging Platform complies with the applicable Messaging Platform's terms of service, acceptable use policies, and applicable law. Without limitation, you shall not use the Application to send unsolicited, automated, or bulk messages, or to engage in any conduct that would constitute a violation of any Messaging Platform's terms of service. Tencent shall not be liable for any suspension, restriction, or termination of your account on any Messaging Platform resulting from your use of the Application.

6. Limited Right to Use the Application

License. You shall and shall ensure that your access and use of the Application is in accordance with this Agreement during the Term (defined below). The Application shall be provided during the Term. Your use of any Application shall be subject to this Agreement. You acknowledge that Tencent or its licensors own all rights, titles and interest in and to the Application. Subject to your compliance with this Agreement, Tencent grants, or shall procure the grant, to you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to:

download a copy of the Application onto your device(s), and use the Application for your personal purposes;

receive and use any update of the Application incorporating "patches" and corrections of errors as we may provide to you; and

use the Application in a manner not exceeding any applicable usage limitation or term, and within the designated territory for use or receipt of Application (where applicable), and only in connection with the Application.

Other than as specified in the foregoing, no other rights are granted to you under this Agreement to use the Application (including any software offered in connection with the Application).

Open-Source Components. The Application incorporates the OpenClaw open-source AI agent framework and may incorporate other open-source software components. Such components are licensed to you under the terms of their respective open-source licences, which may be made available within the Application or upon request. To the extent that any provision of an applicable open-source licence conflicts with this Agreement, the terms of the applicable open-source licence shall prevail, but solely with respect to the relevant open-source component. Nothing in this Agreement restricts or limits your rights under, or grants you rights that supersede, the terms of any applicable open-source licence.

Rights granted to you hereunder are revocable. Any use of the Application other than as specifically authorized herein, without prior written permission from us is strictly prohibited and will, at our election, terminate the rights granted to you by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to or rights in Intellectual Property Rights, whether by estoppel, implication or otherwise. This license granted under this Agreement is revocable in accordance with the termination and suspension provisions set out in Section 11 and, for the avoidance of doubt, any revocation of this license shall be without prejudice to your right to access the Application for the remainder of any then-current paid billing cycle under an active Subscription Plan, except where termination is for cause pursuant to Section 11.2a).

You may not transfer the Application to someone else. We are giving you personally the right to use the Application as set out above. You may not otherwise transfer or make available the Application to someone else, whether for money, for any other forms of consideration or for free. If you sell or gift any device on which the Application is installed, you must first remove the Application from the device.

Restricted Uses. You shall use the Application in compliance with this Agreement and applicable laws and regulations. You agree that you will not conduct or use the Application to engage in the following activities (nor will you facilitate or support your affiliates, employees, contractors or any other person under your control, management, supervision or otherwise to do the following):

reproduce, modify, adapt, alter, enhance, distribute, publicly display, retransmit, resell or sublicense, copy, create a derivative work of reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Application (save to the extent expressly permitted by the terms of any applicable open-source licence governing open-source components incorporated in the Application);

publish, transmit, disseminate, or store User Content that infringes upon the legitimate rights of others, such as reputation rights, portrait rights, Intellectual Property Rights, and trade secrets;

infringe our Intellectual Property Rights or those of any third party in relation to your use of the Application;

use any data mining, robots or similar data gathering or extraction methods;

use the Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Application;

collect or harvest any information or data from the Application or our systems or attempt to decipher any transmissions to or from the servers;

use the Application other than for their intended purpose, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously;

other acts not expressly authorized by Tencent;

other behaviors that violate this Agreement, laws (including laws related to recording others), regulations or regulatory policies, and infringe upon the legitimate rights and interests of us and/or others;

use the Application or any AI agent deployed through the Application to gain unauthorised access to any computer system, network, or data, or to perform any action that would constitute a criminal offence or give rise to civil liability under applicable law;

use the Application's System Permissions, auto-execute mode, or messaging platform integrations to send unsolicited communications, spam, phishing messages, or malware, or to harass, threaten, or intimidate any person;

create, publish, or distribute any skill through the Skills Marketplace that contains malicious code, infringes any third party's Intellectual Property Rights, or is designed to circumvent the Application's security controls; or

use AI Outputs in any manner that misrepresents them as having been solely created by a natural person where applicable law or any applicable third-party terms of service require disclosure of AI involvement.

7. Tencent's Rights

Without affecting your use of the Application under this Agreement, Tencent has the right to adjust the name, domain name, function, product design, visual interface, etc. of the Application, related services and related functional modules at its own discretion. If the aforesaid work may affect your normal use of the Application, we will notify you within a reasonable time before making relevant adjustments and inform you of the possible impact.

All legal rights and interests to the Application (including but not limited to models, result data, analysis reports and other data contents, as well as pictures, charts, documents, text and interface design, etc.), and other data, materials or information related to the Application belong to Tencent and/or its affiliates, including various documents related to the interface of the Application.

8. Your Privacy

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in the Privacy Policy and it is important that you read that information.

Please be aware that Internet transmissions are never completely private or secure and that, despite our commercially reasonable efforts, any message or information you send using the Application may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

9. Intellectual Property Rights

Intellectual Property Rights. You agree that all Intellectual Property Rights in and to the Application, as between you and Tencent, are owned by Tencent, its affiliates and/or Tencent's licensors, as the case may be. For the avoidance of doubt, this Section 9.1 does not apply to open-source components incorporated in the Application, which are subject to their respective open-source licences. Except as expressly set forth in this Agreement and to the extent permissible under applicable law, Tencent does not grant to you any licenses or other rights, implied or otherwise, in or to Tencent's Intellectual Property Rights. The copyrights, patents and other intellectual property rights of the software on which Tencent relies in providing the Application are owned by Tencent and/or its affiliates. Other legal rights related to or in the Application that are not mentioned in this Agreement are also reserved by Tencent. In this Agreement, "Intellectual Property Rights" means all current and future worldwide rights under patent, copyright, trade secret, trademark, or moral rights laws, and other similar rights.

Without limiting our obligations to provide the Application as set out in this Agreement, we have the right to delete, alter, move, remove, or transfer any and all content of the Application (excluding User Content) in whole or in part, at any time and for any reason or no reason, with or without notice to you and with no liability of any kind to you, to the maximum extent permitted by applicable law. With respect to User Content, Tencent may delete, alter, move, remove, or restrict access to such content only where Tencent reasonably determines that: (a) such action is necessary to comply with applicable law, regulation, or governmental request; (b) the User Content violates this Agreement (including the restricted uses set out in Section 6.4); (c) the User Content poses a security or operational risk to the Application, other users, or third parties; or (d) such action is otherwise reasonably necessary for the operation or maintenance of the Application. Where practicable, Tencent shall use reasonable efforts to notify you before taking any such action in respect of your User Content, save where immediate action is required to address a security risk or to comply with applicable law. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your Account.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account as a technical and administrative construct, and that all rights in and to the Account infrastructure (including your username, account credentials and account settings) are and shall forever be owned by and inure to the benefit of us, to the maximum extent permitted by applicable laws. For the avoidance of doubt, the foregoing does not affect your contractual entitlement to use any Subscription Plan benefits, Token Allowance, Top-Up Packs, or Free Daily Credits that you have purchased or received in accordance with Section 3.1, for the duration of the applicable billing cycle or usage period, subject to the terms of this Agreement (including the termination and suspension provisions set out in Section 11).

To the extent permitted by applicable laws, you acknowledge and agree that we own all the data in connection with or arising in or from the Application, (excluding User Content, Tencent's rights in which are governed solely by the licence set out in Section 9.5), or your use of the Application (including, without limitation, your account information and data in connection with application performance and usage analytics). The data presented to you in the Application is all the data you have access to. We have no obligation to share any other data with you, unless otherwise required under applicable laws. To the maximum extent permitted by applicable laws, we have the right to decide whether to retain or use any data, the manner and length of time for retaining such data, and the manner for using such data (including without limitation using usage data to analyse and improve application performance) in accordance with the Privacy Policy.

User Content.

You may have the option of transmitting and uploading content (e.g. text prompts, task instructions, data files, and skills) as part of the Application ("User Content"). You represent and warrant that you own, or have the right to use, the Intellectual Property Rights in any User Content, and that you have the right to grant the rights granted herein for such User Content.

By using the Application and transmitting or uploading User Content, you grant Tencent a limited license to host, store, reproduce, transmit, display, modify and adapt such User Content as necessary for technical purposes to operate and provide the Application. For clarity, Tencent's rights in such User Content are solely as required to enable Tencent to operate and provide the Application. We require this license to ensure that the actions we take in operating the Application are not considered legal violations (for example, copyright laws could prevent us from processing, storing, backing-up and distributing certain User Content unless you give us these rights).  You agree that these rights and licenses are royalty free, transferable, and sub-licensable, and include a right for Tencent to make such User Content available to, and pass these rights along to, service providers and others with whom we have contractual relationships as required for the operation of the Application (e.g., cloud hosting providers), and to otherwise permit access to or disclose your User Content to the extent specifically set forth in the Privacy Policy.

Tencent does not claim any ownership rights to User Content. You acknowledge and agree that Tencent is not the source of, does not verify or endorse, and is not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that you assume all risk associated with User Content and the transmission or other use of the User Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content.

You acknowledge and agree that Tencent may preserve content, including User Content, and may also disclose content, including User Content, in accordance with the Privacy Policy, if required to do so by law or in the good faith belief that that such preservation or disclosure is reasonably necessary to, among other things:

comply with legal process, applicable laws or government requests,

enforce this Agreement,

respond to claims that any content violates the rights of third parties, or

protect the rights, property, or personal safety of Tencent, its users and/or the public.

You will comply with this Agreement and acknowledge that the Privacy Policy will apply to the submission of User Content.

We will not access, view or process any User Content except: (i) as provided for in this Agreement or in our Privacy Policy; (ii) as authorized or instructed by you; (iii) as required to perform our obligations hereunder; or (iv) as required by law.

We will take technical measures to prevent unauthorized disclosure of or access to User Content in accordance with the industry standards. Save as set forth herein, we have no other obligations with respect to User Content except as required by law.

Intellectual Property Rights in AI Outputs.

As between you and Tencent, and subject to the limitations set forth in this Section 9.6 and Section 3.8c), Tencent does not claim ownership of AI Outputs generated in response to your inputs and prompts.

You acknowledge that AI Outputs are generated by third-party models and that the extent to which AI Outputs are capable of intellectual property protection may vary by jurisdiction and by the nature of the output. Tencent makes no representation or warranty that any AI Output is original, non-infringing, or protectable under intellectual property law.

You are solely responsible for ensuring that your use of AI Outputs complies with applicable law and does not infringe the rights of any third party.

Notwithstanding the foregoing, Tencent retains the right to use AI Outputs in aggregated or anonymised form for the purpose of improving the Application, subject to the Privacy Policy.

Tencent Logo. You shall not use Tencent's trademarks service marks, trade names, domain names, website names or other distinctive brand features of Tencent under any circumstances, including "Tencent" and "QClaw" etc. (hereinafter collectively referred to as "Tencent Logos"). Without the prior written consent of the Tencent, you shall not display, use, or otherwise dispose of the aforesaid Tencent Logos in any way, either alone or in combination, without Tencent's prior written consent. You shall bear all legal liabilities for any losses caused to Tencent or others by using the Tencent Logos in violation of this Agreement.

10. Disclaimers, Indemnities, Limitation of Liabilities

Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER TENCENT NOR ANY OF ITS LICENSORS OR AFFILIATES, PROVIDERS OR DISTRIBUTORS, MAKE, AND TENCENT HEREBY DISCLAIMS ON BEHALF OF ITSELF AND SUCH PERSONS, ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING TENCENT, ANY OTHER APPLICATION OR SOFTWARE, OR ANY CONTENT SUBMITTED, UPLOADED, STORED, TRANSMITTED OR DISPLAYED BY OR THROUGH THE APPLICATION, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING:

THAT THE APPLICATION WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;

ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE;

THAT USER CONTENT WILL NOT BE SUBJECT TO LOSS OR DAMAGE;

OF NON-INFRINGEMENT;

THAT THE APPLICATION WILL BE SECURE OR COMPATIBLE WITH YOUR OR YOUR NETWORKS, SYSTEMS, APPLICATIONS, HARDWARE, OR DEVICES;

THAT THE APPLICATION WILL BE OF MERCHANTABLE OR SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE;

THAT ANY AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE;

THAT THE SECURITY SCANNER WILL DETECT ALL SECURITY VULNERABILITIES, MALICIOUS CODE, OR OTHER RISKS IN ANY SKILL;

THAT ACTIONS TAKEN BY THE AI AGENT UNDER YOUR GRANTED SYSTEM PERMISSIONS WILL BE PERFORMED CORRECTLY, SAFELY, OR WITHOUT ERROR; OR

THAT ANY THIRD-PARTY MESSAGING PLATFORM OR LLM PROVIDER WILL REMAIN AVAILABLE, COMPATIBLE WITH THE APPLICATION, OR OPERATE IN ACCORDANCE WITH YOUR EXPECTATIONS.

FOR THE AVOIDANCE OF DOUBT, THE APPLICATION IS NOT DESIGNED OR INTENDED FOR HIGH RISK ACTIVITIES.

Our responsibility for loss or damage suffered by you.

We are responsible to you for foreseeable and direct loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable and direct result of our breach of this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or indirect. Loss or damage is foreseeable if either it was obvious that it would happen or if, at the time you accepted this Agreement, both we and you knew or should have known that it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for your damage that is avoidable. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. If you use the Application for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The Application is provided for general information and productivity purposes only. The Application is not error-free and may generate output (i.e., AI Outputs, task execution results, and actions performed by the AI agent) containing errors or that are otherwise incorrect or not accurate. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Application. Although we make reasonable efforts to update the information provided by the Application, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the Application is suitable for you. The Application has not been developed to meet your individual requirements. Please check that the functions of the Application meets your requirements.

We are not responsible for events outside our control. If we have to cancel or delay in providing the Application to you by an event outside our control, then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for such delay or cancellation.

We are not liable for AI agent actions. Without limiting the generality of the foregoing, and to the maximum extent permitted by applicable law, Tencent shall not be liable for any loss, damage, cost, or expense (whether direct, indirect, consequential, or otherwise) arising from or in connection with: (i) any action taken by the AI agent within the scope of System Permissions granted by you, including but not limited to file deletion, file transmission, email sending, command-line execution, browser control, and computer shutdown; (ii) your decision to enable auto-execute mode; (iii) your decision to override a High-Risk Warning in respect of any skill; (iv) any act or omission of any LLM Provider, including the generation of inaccurate, incomplete, or harmful AI Outputs; or (v) any suspension, modification, or termination of service by any Messaging Platform.

Limitation of Liability.

Cap on Liability. SUBJECT TO SECTION 10.3c) BELOW, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL AGGREGATE LIABILITY OF TENCENT AND ITS AFFILIATES, ON THE ONE HAND, AND YOU ON THE OTHER, FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, AND THE SOFTWARE, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WILL BE LIMITED TO THE GREATER OF USD 100 AND THE TOTAL FEES PAID BY YOU TO TENCENT UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. HOWEVER, NOTHING LIMITS OR EXCLUDES EITHER PARTY'S LIABILITY FOR ANY MATTERS FOR WHICH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS.

Disclaimer of Damages. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, NEITHER TENCENT, NOR ITS AFFILIATES OR THEIR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, FOR: (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; (ii) UNAVAILABILITY OF THE APPLICATION (EXCEPT AS PROVIDED UNDER THIS AGREEMENT); (iii) YOUR APPLICATIONS OR INTELLECTUAL PROPERTY RIGHTS; OR (iv) LOSS OF DATA, LOSS OF PROFIT, GOODWILL, REVENUE, CUSTOMERS OR OPPORTUNITIES; IN EACH CASE, RELATING TO THE APPLICATION AND THIS AGREEMENT.

Unlimited Liabilities. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS YOUR LIABILITY FOR:

YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.4;

YOUR INFRINGEMENT OF OUR, OUR AFFILIATE'S OR LICENSOR'S INTELLECTUAL PROPERTY RIGHTS; OR

ANY FRAUDULENT ACTIVITIES OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Liabilities. Without limiting Section 10.3a) or 10.3b), if the Application is interrupted for any of the reasons set forth below, Tencent disclaims liability for any loss or damage to the extent caused by the following:

causes attributable to infrastructure operators, including but not limited to technical adjustments made by telecommunications operators, damage to telecommunications/power lines, installation, modification or maintenance of telecommunications networks/power resources by telecommunications/power operators;

your use of the Application in a manner not authorized by Tencent;

improper operation by you or failures in your computer software, systems or hardware; or

any other circumstances not attributable to the fault of, outside the control of, or not reasonably foreseeable by, Tencent.

AI Agent and System Permissions Disclaimer. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT TENCENT SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM: (i) ANY ACTION TAKEN BY THE AI AGENT WITHIN THE SCOPE OF SYSTEM PERMISSIONS GRANTED BY YOU; (ii) YOUR USE OF AUTO-EXECUTE MODE; (iii) YOUR OVERRIDE OF ANY HIGH-RISK WARNING IN RESPECT OF A SKILL; (iv) THE INACCURACY, INCOMPLETENESS, OR UNRELIABILITY OF ANY AI OUTPUT; (v) ANY ACT OR OMISSION OF ANY LLM PROVIDER; OR (vi) ANY ACT, OMISSION, POLICY CHANGE, SUSPENSION, OR TERMINATION BY ANY MESSAGING PLATFORM. THE FOREGOING DISCLAIMERS APPLY REGARDLESS OF WHETHER TENCENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Tencent Indemnification.

Tencent will defend or, at its option, settle any third party claim, allegation, suit or proceeding ("Claim") brought against you alleging that the use of the Application by you in accordance with this Agreement infringes a third party patent or copyright. Tencent will have sole control of the defense or settlement negotiations, and Tencent agrees to pay, subject to the limitations set forth in this Agreement, any final judgment entered against you and any amounts agreed to in settlement by Tencent as a result of such infringement in any Claim defended by Tencent; provided that you provide Tencent with: (1) prompt written notice of the Claim; (2) sole control over the defense and settlement of the Claim; and (3) all reasonably requested information and assistance, to settle or defend the Claim.

In the event that any Claim is brought or, in Tencent's opinion, likely to be brought, Tencent may, at its sole option and expense: (1) procure for you the right to continue to use the applicable Application; (2) modify the Application, or replace the Application with non-infringing software or services that do not materially impair the functionality of the Application; or (3) if neither of the foregoing is feasible on commercially reasonable terms, terminate this Agreement and notify you to discontinue to use the applicable Application.

Tencent will have no obligation to you under this Section 10.4 to the extent a Claim arises from: (1) your breach of this Agreement; (2) User Content; (3) use of the Application in combination with any products, services, data, software, hardware or business processes not provided by Tencent, if the alleged infringement is based on that combination; (4) use of non-current or unsupported versions of the Application; (5) modifications to the Application by anyone other than Tencent or its affiliates; (6) any necessary implementation of an industry standard or protocol or compliance with any applicable laws and regulations; (7) liability arising from your use of the Application after Tencent has notified you to discontinue such use; (8) any User Skills created, imported, or published by you; or (9) any AI Output generated by a third-party LLM Provider.

THIS SECTION 10.4 STATES THE ENTIRE LIABILITY OF TENCENT, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE APPLICATION.

Your Indemnification.

You will defend, indemnify and hold harmless Tencent, its affiliates, and each of their respective agents, licensors, employees, officers and directors from and against any Claims to the extent they arise out of or in relation to:

your User Content, including without limitation, their alleged violation, infringement or misappropriation of the Intellectual Property Rights or other rights of any third party;

you use of the Application, including without limitation any (A) alleged violation of applicable data protection laws by you, Tencent, or its affiliate(s) in connection with such use; (B) alleged violation of any other applicable laws (including laws related to recording others) and regulations by you, Tencent, or its affiliates in connection with such use; (C) alleged violation of third party rights by you, Tencent, or its affiliates; and/or (D) such use that would constitute a violation of this Agreement;

the use of any products, services, data, software, hardware or business processes not provided by or on behalf of Tencent or its affiliates.

your creation, importation, publication, or use of any User Skills, including any claims that such User Skills infringe the Intellectual Property Rights or other rights of any third party or contain malicious or harmful code;

your decision to override a High-Risk Warning and install or use a flagged skill;

any actions taken by the AI agent within the scope of System Permissions granted by you, including but not limited to actions taken while auto-execute mode is enabled; and/or

your use of any Messaging Platform integration in violation of the applicable Messaging Platform's terms of service.

Tencent will provide you with: (1) prompt written notice of any Claims; and (2) reasonable assistance, at your expense, to defend or settle the Claim. Tencent and its affiliates retain the right to appoint additional counsel of their choice to participate in defending or settling the Claims, in which case the counsel retained by you will consult with the counsel appointed by Tencent or its affiliates and will give them the opportunity to provide comments on defense and settlement strategies.

At your option, you may settle any such Claims, provided that any settlement requiring Tencent or its affiliates or their agents, licensors, employees, officers or directors to admit liability, pay money, or take or refrain from taking any action will require Tencent's or the affiliate's prior written consent (not to be unreasonably withheld, conditioned, or delayed).

Without limiting the foregoing, you agree to pay any final judgment entered against Tencent or its affiliates or their licensors, employees, officers and directors including without limitation any damages, costs, penalties, fees, disgorgement, restitution, and interest, or in the event of settlement, any settlement amounts agreed to by you, as a result of those Claims. You also agree to reimburse us for any costs and reasonable attorney's fees spent responding to any third-party subpoena, legal order or other processes associated with such Claims.

Independent Allocations of Risk. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND TENCENT. THIS ALLOCATION IS REFLECTED IN THE FEES CHARGED BY TENCENT TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TENCENT. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE LIMITED REMEDIES IN THIS AGREEMENT HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

11. Term, Termination and Suspension

Term. The term for this Agreement will commence when you accept this Agreement and download the Application and shall continue until terminated as set forth below (the "Term").

Termination, suspension and/or modification by Tencent.

Termination for cause. To the extent permitted under applicable laws, Tencent may, at its sole discretion and without assuming any liability, terminate this Agreement, or suspend, modify, restrict or terminate your access to or use of the Application or any aspect of the Application, in whole or in part, immediately upon written notice to you if:

​you violate any provisions of this Agreement and failed to rectify the breach after being notified by Tencent;

Tencent reasonably believes that you have violated any applicable laws, or engaged in any illegal, fraudulent or deceptive activity, in connection with the use of the Application;

you fail to pay any fees owing under this Agreement within the period specified in Section 3.1h); or

other circumstances stipulated in this Agreement.

Termination for convenience. Tencent has the right to terminate this Agreement for convenience and without liability by providing written notice to you 30 days in advance of the termination. You understand and agree that Tencent will not assume any obligations to you with respect to the Application for such termination.

Effects of Termination. If we end your rights to use the Application:

you must stop all activities authorized by this Agreement, including your use of the Application;

you must delete or remove the Application from your device;

all System Permissions granted by you shall be automatically revoked and the AI agent shall cease all operations; and

you will no longer have further access to your Account.

For the avoidance of doubt, termination shall not give rise to any right to a refund of fees already paid, except to the extent required by applicable law.

Termination by you. You may terminate your use of the Application by uninstalling the Application and deleting your Account.

12. Remedies

You acknowledge and agree that if Tencent discovers, on its own or based on information provided by competent authorities or complaints filed by rights holders, that you have violated applicable laws, regulations or rules, or breached the Agreement, Tencent will be entitled to take any one or more of the following actions at its own discretion:

issue warnings;

restrict your use of some or all of the functions of the Application;

suspend or terminate your use of the corresponding Account (hereinafter referred to as "blocking the account") or prohibit you from re-registering an Account;

in case of serious violations or breaches, Tencent will have the right to terminate the provision of Application to you and terminate the Agreement;

remove, disable, or restrict access to any User Skills published by you through the Skills Marketplace; and

pursuing other liabilities against you in accordance with any applicable laws and regulations.

We will retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however any determination shall be at our reasonable discretion.

Tencent shall not be responsible or held liable for any damages or losses, including but without limitation to the suspension of your business operations, deletion of data, etc., arising from the actions taken by Tencent hereunder due to your breach of this Agreement.

13. Export Control and Sanctions

You agree not to engage in any activities in connection with this Agreement that would breach sanctions or export control laws or risk placing Tencent or its affiliates in breach of any sanctions or export control laws, or becoming a target of sanctions.

In this Section 13, capitalized terms have the following definitions:

"OFAC" means the U.S. Department of Treasury's Office of Foreign Assets Control.

"Sanctioned Jurisdiction" means any country or territory that is, or at any time during the five (5) years preceding the date of this Agreement has been, subject to comprehensive U.S. sanctions administered by OFAC (including, as of the date of this Agreement, Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk People's Republic and Luhansk People's Republic).

"Sanctioned Jurisdiction" means the jurisdictions that are subject to comprehensive U.S. sanctions administered by OFAC (currently, Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk People's Republic and Luhansk People's Republic).

"Sanctioned Person" means any individual, entity, or government that is the target of sanctions administered by: PRC, the U.S. (including, without limitation, those persons on OFAC's Specially Designated Nationals and Blocked Persons List as well as any individual or entity that is located or resident in or organized under the laws of a Sanctioned Jurisdiction), the EU, EU member states, the United Kingdom, the UN and/or any other relevant authority.

You hereby agree to the following representations and covenants, in each case below with respect to your use of the Application under this Agreement:

You hereby represent and warrant to Tencent that you are not, as of the date of this Agreement, any of the following (i)-(iii) and that if, after the date of this Agreement, you become any of the following (i)-(iii), you shall immediately notify Tencent in writing: (i) are or acting on behalf of a Sanctioned Person, (ii) controlled or owned 50% or more (directly or indirectly) in the aggregate by one or more Sanctioned Persons, or (iii) located or resident in or organized under the laws of a Sanctioned Jurisdiction.

In your use of the Application, you shall not: (i) violate Sanctions, (ii) use the Application in any way that involve, relate to, or are conducted on behalf of or for the benefit of a Sanctioned Person, and (iii) without limiting any of the foregoing (i)-(ii), with respect to your use of the Application provided under this Agreement, transact with or otherwise do business with or involving any (a) Sanctioned Jurisdiction or (b) Sanctioned Person.

You covenant and agree that you shall immediately notify Tencent in writing if you, with respect to your use of Application under the Agreement, become aware of any (i) actual or potential violation of Sanctions by you or (ii) the involvement of any (a) Sanctioned Jurisdiction or (b) Sanctioned Person, in each case relating to your use of the Application.

To the extent that Tencent, in its sole discretion, determines that a breach of Section 13 of this Agreement by you has occurred or will occur, Tencent shall be entitled, in its sole discretion, to terminate this Agreement with you and cease its provision of Application to you, in each case with immediate effect, or take any other remedial actions at the discretion of Tencent. If Tencent terminates this Agreement or take any other remedial actions pursuant to this provision, it shall not be obliged to make any payments, indemnify, or otherwise provide compensation to you for the termination or the remedial actions.

Tencent has the right to perform its reporting obligations to any relevant authority pursuant to applicable laws.

14. Governing Law and Dispute Resolution

Governing Law. Except where Section 18 applies, you agree that any dispute, controversy, difference, or claim arising out of or relating to this Agreement or the Application, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement or the Application (collectively, "Disputes") will be resolved in accordance with the law of Singapore, unless otherwise provided by local laws, 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 Agreement.

Dispute Resolution. Except where Section 18 applies, 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, unless otherwise provided by local laws.

Arbitration Rules. The above 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 Agreement. This arbitration clause shall be governed by the laws of Singapore.

Costs. Each party will pay its own costs and expenses (including counsel fees) of any such arbitration; provided, however, that the parties will equally share the fees and expenses of the arbitrators.

Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

15. Force Majeure

In this Agreement, "Force Majeure" refers to uncontrollable, unforeseeable and insurmountable events of one party, including but not limited to: natural disasters (earthquakes, floods, fires, etc.), acts of government, promulgation or change of laws, regulations or policies (including trade laws, sanctions, restrictive measures or regulations), strikes or unrest, military conflicts or paramilitary conflicts, terrorist activities, martial law, riots, large-scale outbreaks of epidemic infectious diseases, or any significant change of circumstances (including changes in applicable laws which would render provision of Application potentially illegal or different from that contemplated by the parties at time of the acceptance of this Agreement or first download, install, access, or use the Application), foreseeable or otherwise.

If the performance of this Agreement is prevented, delayed, hindered or restricted, or Tencent breaches this Agreement due to an event of Force Majeure, in no case shall Tencent be liable for the breach of this Agreement, or be otherwise liable for any such failure or delay in the performance of such obligations. If the Force Majeure persist for more than 15 consecutive days, Tencent may terminate this Agreement, without assuming any liability, by immediate written notice to you.

16. Other Terms

Announcements. You may receive messages and announcements. You understand and agree that the Application may include service announcements and administrative messages of a non-marketing nature which are necessary for our provision and your orderly use of the Application, and you may not have the right to opt out of receiving these announcements and messages.

Advertising.

Provided you give consent (to the extent required under applicable law), we may, either on our own or through a third party, send or display to you advertisements or other information (commercial or otherwise) by such means as e-mail or other electronic messaging, details of which (including without limitation the specific means to be adopted in sending or displaying such advertisements or information, and the frequency and contents of such advertising) will be determined by us.

We will carry out our advertising businesses in accordance with relevant laws and regulations. You agree that you shall exercise your judgement in a prudent matter in regard to the truthfulness and reliability of any advertising contained in the Application, and shall be solely liable for any and all your activities arising out of such advertising unless otherwise expressly stipulated in applicable laws.

Platform Terms. The ways in which you can use the Application may also be controlled by the relevant platform provider's rules and policies. To the extent required by such rules and policies, those terms will prevail instead of this Agreement where there are differences between the two.

Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the Application from the Apple Inc.'s ("Apple") App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the Application from the Apple App Store. You acknowledge and agree that this Agreement is solely between you and Tencent, not Apple, and that Apple has no responsibility for the Application or content thereof. Your use of the Application must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Tencent acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims, (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Tencent acknowledge that, in the event of any third party claim that the Application or your possession and use of that App infringes that third party's intellectual property rights, Tencent, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You must comply with applicable third party terms of agreement when using the Application. You and Tencent acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as they relate to your use of the Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

17. Miscellaneous

Notice. Any notice required or permitted to be given under this Agreement will be effective if it is in writing and sent by certified or registered mail, or insured courier, return receipt requested, to the appropriate party at the address of the applicable Tencent contracting entity set forth above (in the case of Tencent) and any address registered with us (in your case) and with the appropriate postage affixed. Either party may change its address for receipt of notice by notice to the other party in accordance with this Section. Notwithstanding the foregoing, any notices, communications, or disclosures sent electronically by Tencent through email, web announcements, site messages, mobile phone text messages or regular mail transmission or otherwise, shall be deemed a valid and binding notice required or permitted to be given under this Agreement and shall be deemed to have been delivered to you on the date of sending.

Assignment. Neither party may assign or otherwise transfer, by operation of law or otherwise, its rights or obligations under this Agreement without the prior written consent of the other party, except that Tencent may freely assign or otherwise transfer this Agreement without your consent: (i) in connection with a merger, acquisition or sale of all or substantially all of Tencent's assets; or (ii) to any affiliate or as part of a corporate reorganization. Upon such assignment or transfer taking effect, the successor or permitted assigns (as the case may be) shall assume assignor/transferor's liability and assignor/transferor is released from the same. Any attempted assignment or transfer in violation of the foregoing restriction will be void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their successors and permitted assigns.

Waiver and Severability. The waiver by either party of any breach of this Agreement does not waive any other breach. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement. If any part of this Agreement is unenforceable, the remaining portions of this Agreement will remain in full force and effect.

No Third-Party Beneficiaries. This Agreement are not intended to confer any benefits on any third party except to the extent that it expressly states that it does.

Entire Agreement. This Agreement constitutes the whole legal agreement between you and us and govern your use of the Application and supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties, promises, assurances and arrangements of any nature whatsoever, whether or not in writing.

Language. We may translate this Agreement into other languages. In the event of any inconsistency between this English language version and any other language version, this English language version shall prevail.

18. Jurisdiction-Specific Terms

If you are a user of our Application in one of the jurisdictions below, the below additional terms: (a) are incorporated into this Agreement; (b) apply to your use of the Application, and (c) supersede and control over any conflicts in the rest of the Agreement to the extent of any inconsistency.

Canada

This Agreement is a contract used in relations with persons outside Quebec. The parties expressly agree to contract in the English language.

If you are a consumer, the binding arbitration and governing law provisions in this Agreement may not be applicable to you. To the extent that such provisions are prohibited and/or not enforceable in your jurisdiction of residence, this Agreement may be construed in accordance with the laws of your jurisdiction of residence, and any action or proceeding arising out of this Agreement may be instituted in the courts of your jurisdiction of residence.

If you are a consumer in the province of Quebec, any unilateral changes made to this Agreement as set out in Section 1.3 of this Agreement will be made following a 30-day notice period. You may refuse the modification outlined in the notice and rescind this Agreement without cost, penalty, or cancellation indemnity.

United States

Applicable Law and Jurisdiction. This Agreement, its subject matter and its formation, including any arbitration proceeding outlined below, is governed by California law.

ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

Arbitration Agreement. Any dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Tencent's services and/or products, including the Application, or relating in any way to the communications between you and Tencent or any other user of the Application, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Tencent. However, this arbitration agreement does not (a) govern any Claim by Tencent for infringement of its intellectual property or access to the Application that is unauthorized or exceeds authorization granted in this Agreement or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Application by following the procedure described below.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Tencent are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of this Agreement.

The arbitration will be administered by the American Arbitration Association ("AAA") under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Application on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Tencent will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth herein). Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA's rules. In that case, you agree to reimburse Tencent for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Tencent before the arbitrator was appointed, Tencent will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.

If you do not want to arbitrate disputes with Tencent and you are an individual, email qclaw@tencent.com within thirty (30) days of the first of the date you access or use Application.

CLASS ACTION WAIVER: To the fullest extent permitted by applicable law, you and Tencent each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING ("CLASS ACTION"). You and Tencent AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and Tencent EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and Tencent agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the exceptions discussed above. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

DMCA NOTICE

If you are a copyright owner or an agent thereof and believe any content on the Application infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice copyrightnotice@tencent.com containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where of the material that you claim is infringing is located on the Application (d) your address, telephone number, and email address, (e) a written statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You acknowledge that if you fail to comply with all of the above requirements of this section, your DMCA notice may not be valid. [It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others. Notices of copyright infringement claims should be sent by mail to: Legal Department (Copyright Notification), Tencent America LLC, 2747 Park Blvd., Palo Alto, CA 94306; or by e-mail to copyrightnotice@tencent.com.

In the event your User Content is removed pursuant to this process, you will receive information on how to file a counter-notice. Notices described in this section are legal notices separate from our regular activities or communications and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion, and may produce them pursuant to a legal discovery request.

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Application receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.

Exports. You agree that you will not export or re-export, directly or indirectly the Application and/or other information or materials provided by Tencent hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

U.S. Government Restricted Rights. The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Limitations of Liability. The laws of the State of New Jersey may limit the limitations of liability set forth in Section10.3. In such case you explicitly agree that our (or any such other released parties') liability to you shall apply to the maximum extent permitted by the laws of the State of New Jersey."