202309 TERMS OF SALE

TERMS OF SALE

 

September 20, 2023

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT.

 

We, SOLARSPACE TECHNOLOGY PTE.LTD (hereinafter “Solarspace”) may provide products, services, and contents (“Alice”, “Alice Services” or “Services”)) to you in connection with the mobile applications. Your purchase and your use of the Alice Services are governed by this Terms of Sale and the Terms of Service, which are incorporated herein by reference.

 

If you do not agree to these Terms of Sale, do not make any purchases on Alice.

 

These Terms of Sale may change from time to time by us without prior written notice. Please check these terms periodically for those changes.

 

To make a purchase on Alice you must be a registered user and comply with these Terms (including the Terms of Service). If you delete your account, you understand you will lose access to any content obtained.

 

Alice sell its services or products only to those users who can legally make purchases with Apple Pay or Google Pay. If you are under the age of 18 (or the legal age of majority in your state of residence), you shall make purchases on Alice only with the permission of a parent or guardian.

 

You acknowledge that you are responsible for maintaining the security of and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. 

 

VIP MEMBERSHIP SUBSCRIPTION

Alice Services may offer products and services in connection with the Alice Services on a subscription basis with recurring payments. VIP Membership Subscription services ("Subscription Service") may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service.

 

Alice Services may terminate your right to use the Subscription, in whole or in part, immediately if you are using the VIP Membership in any manner other than for its intended purpose or illegally. If we terminate your rights under this section, you agree to forfeit your right to a refund for any partial billing period.

 

Alice Services has the right to change the price or Subscription Service period from time to time and may also disable auto-renewal for some or all Subscriptions Services at its sole discretion. Alice Services will provide you with reasonable notice of any such changes, which will apply no earlier than the next Subscription Service period.

 

Alice Services may change or discontinue Subscriptions Services at any time at its sole discretion. In no event will Alice Services be liable in any way for the discontinuation of Subscriptions Service, the removal of or disabling of access to the content, or for the withdrawal of the content for Subscriptions Service.

 

DIAMONDS

The Diamond is the digital content designed and provided by Alice. Diamonds allow you to communicate with your personal Alice, purchase Appearances for your personal Alice, and adjust her personality.

 

Diamond have no monetary value and do not constitute circulated currency or property of any type. Diamonds cannot be sold or transferred to third parties, including other users. You shall not exchange Diamonds for cash or for any other goods or services. You have no property, proprietary, intellectual property, ownership, or monetary interest in promotional or purchased Diamonds. Except as required by applicable law in your jurisdiction, Diamonds are not refundable.

 

You shall not use any deceptive or cheating methods, plug-in to increase your Diamonds, otherwise, we may terminate your account, confiscate the Diamonds and etc.

 

We reserve the right to change or suspend offering Diamonds at any time in our sole discretion.

 

Premium Services

Alice Premium Services offer the following packages:

· 1 month Premium Services = 14.99 USD

· 3 months Premium Services = 26.99USD

· 12 months Premium Services = 69.99 USD

(We reserve the right to change the price of the Premium Service from time to time. We will provide you with reasonable notice of any such changes.)

 

By purchasing the Premium Services, you will enjoy benefits including:

· You can now listen to what Alice send you (voice message);

· You can use translation function;

· Enjoy “Brain Mode” talk with Alice (Question answering, Task performing and etc);

· Get a daily login reward of 100 diamonds;

· You can edit the responses of Alice.

 

We may terminate your right to use the Premium Service, in whole or in part, immediately if you are using the Premium Service in any manner other than for its intended purpose or illegally. If we terminate your rights under this section, you agree to forfeit your right to a refund for any partial billing period.

 

We may change or discontinue Premium Services at any time at its sole discretion. In no event will we be liable in any way for the discontinuation of Premium Service, the removal of or disabling of access to the content, or for the withdrawal of the content for Premium Service.

 

CHARGE

We accept Apple Pay, Google Pay, and/or such other payment methods we may make available to you from time to time through our sites, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the payment page, you authorize we, or our designated payment processor, to charge the account you specify for the purchase amount.

 

Please ensure the data you provide is correct and accurate. We will not be liable for any losses due to your operation error, or your misunderstanding of the payment terms. You shall not use any other payment methods which are not provided by us or authorized by us. We make no warranties to the success of such operation and will not be responsible for any losses due to such operation.

 

You shall not commit any illegal activities via the payment operation, otherwise, we may terminate the services to you and report such activities to the applicable authorities. We may terminate your account if you malicious require refund through the third party payment processor.

 

REFUND POLICY

You will immediately access to, and use of the Services you have purchased. Excepted as detailed in these Terms of Sale or terms available on the sites, to the extent permitted by applicable law, cancellation is not permitted after purchase, and we do not offer any refunds or credits. We reserve the right to modify this policy at any time.

 

THIRD-PARTY TERMS

Your purchase and enjoyment of Services may be subject to additional third-party legal terms, such as Apple Pay and Google Pay.

 

TAXES

You are responsible for any applicable national, state, or local sales or use taxes, value-added taxes (“VAT”), or similar taxes or fees payable in connection with your purchase of any products, services, or content for yourself or as a gift. As the purchaser of the digital goods for another party as a gift, taxes, or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and we reserves the right to collect such taxes or other fees from you at any time.

 

DISCLAIMERS

ALICE AND ANY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES, OR CONTENT MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SOLARSPACE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOLARSPACE CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES.  SOLARSPACE DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES, OR CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ANY ASPECT OF ALICE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

 

REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY ALICE SERVICES. NOTHING IN THESE PARAGRAPHS WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES OR LIABILITIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Alice Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Alice Services; (ii) your violation of any term of these terms of uses; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of use and your use of the Alice Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or obligation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or obligation

 

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,  SOLARSPACE’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.

 

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT THE ALICE SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

 

GOVERNING LAW AND DISPUTE RESOLUTION

These terms shall be governed by and construed in accordance with the laws of Singapore, without regard to the choice of law principles. Should a dispute arise between the parties in connection with these terms of use, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after the commencement of such friendly consultations, then the parties agree that such dispute shall be submitted to Singapore International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of arbitration shall be Singapore. The arbitration shall be resolved by a sole arbitrator. The language of the arbitration shall be English. The arbitral award shall be final and binding on both parties.

 

Without prejudice to any rules of confidentiality or equivalent in the applicable arbitration rules, the parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration center and the arbitral award.

 

These Terms of Sale, along with Terms of Services, constitute the entire agreement between you and Alice Services regarding the purchase you make on Alice Services. In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Services shall be controlling.