Terms of Service

1. Acceptance of Terms

Welcome to THUP.AI ("the Platform", "we", "Service"). These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you and THUP.AI.

1.1 Nature of the Agreement

These Terms are a legal contract between you and the THUP.AI platform. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms, including our Privacy Policy and any supplemental terms.

1.2 Effectiveness of Electronic Signature

By clicking "I Agree", registering an account, accessing, or using the Service, you electronically sign this Agreement. Electronic signatures have the same legal effect as handwritten signatures.

1.3 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years old or have reached the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service by any applicable law
• Not be on any U.S. or international sanctions list

If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to accept these Terms on behalf of that entity.

1.4 Modification of Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you through:

• Posting a notice in a prominent location on the platform for at least 7 days
• Sending a notification to your registered email address
• Displaying an update reminder upon your next login

Modified Terms will take effect upon posting. Continued use of the Service constitutes your acceptance of the modified Terms. If you do not agree to the modifications, please stop using the Service and delete your account.

1.5 Priority of Terms

In the event of a conflict between these Terms and other agreements or policies (such as the Privacy Policy), these Terms of Service shall prevail unless otherwise specified.

2. Service Description

THUP.AI is an AI image generation and prompt resource platform dedicated to providing powerful AI tools for creators.

2.1 Core Features

We provide the following main services:

Prompt Library:

• Browse and search curated AI image generation prompts
• Filter prompts by category and tags
• Favorite and manage your preferred prompts
• View prompt usage examples and outcomes

AI Image Generation:

• Generate AI images using text prompts
• Upload reference images to assist generation
• Select different image sizes and parameters
• Real-time preview and download of generation results

User Content Management:

• View and manage generation history
• Download and share generated images
• Conversation history recording and management

Account Services:

• Credit management and top-up
• Profile settings
• Usage statistics and records

2.2 AI Service Providers

The image generation functionality of this platform is supported by AI services provided by Google:

• Technical Reliance: The quality, speed, and results of generated content depend on the performance and availability of Google AI services
• No Independent Warranty: As the platform provider, THUP.AI does not provide independent warranties for the specific quality of AI-generated content
• Third-Party Terms: When using AI features, you are also bound by Google's relevant terms of service
• Service Interruption: If Google AI services are interrupted, our image generation features may be temporarily unavailable

2.3 Service Availability

The Service is provided on an "as is" and "as available" basis:

• Non-committal: We strive to maintain 99% uptime, but this is not a guarantee or promise
• Scheduled Maintenance: We may perform regular system maintenance, typically during off-peak hours
• Emergency Maintenance: Critical security or functional issues may require emergency maintenance without prior notice

2.4 Right to Modify Services

We reserve the following rights:

• Feature Adjustments: To add, modify, or delete service features at any time
• Service Suspension: To suspend part or all of the service for maintenance, upgrades, or technical reasons
• Service Termination: To permanently terminate specific features or the entire service with 30 days' prior notice
• Parameter Adjustments: To adjust credit consumption, generation limits, storage quotas, and other service parameters

2.5 Beta Features

We may from time to time introduce new features marked as "Beta", "Experimental", or similar designations:

• Instability: These features may be unstable, contain errors, or change at any time
• No Warranty: Beta features do not provide any availability or performance guarantees
• Feedback Collection: We encourage you to provide feedback to help us improve
• Removal at Any Time: Beta features may be removed without prior notice

2.6 Service Limitations

To ensure fair use and system stability, we may implement the following limitations:

• Rate Limiting: Limiting the number of requests within a specific timeframe
• Concurrency Limits: Limiting the number of simultaneous generation tasks
• Storage Limits: Limiting the storage capacity for user content
• Bandwidth Limits: Limiting download speed or traffic

Violation of these limits may lead to temporary or permanent account suspension.

2.7 Service Interruption and Maintenance Notifications

• Scheduled Maintenance: We will provide at least 24 hours' notice via platform announcement or email
• Emergency Maintenance: Where possible, we will post real-time status updates during maintenance
• Compensation Policy: For unplanned long-term interruptions (exceeding 24 hours), we may provide credit compensation.

3. User Accounts

3.1 Registration Eligibility

You must meet the following conditions to register and use the Service:

• Be at least 18 years old or have reached the age of legal majority in your jurisdiction
• Have the full civil capacity to enter into binding contracts
• Not be prohibited from using the Service by laws of any jurisdiction
• Provide true, accurate, and complete registration information

3.2 Accuracy of Account Information

You agree to:

• Provide true, accurate, current, and complete information during registration
• Promptly update your account information to maintain accuracy
• We may suspend or terminate your account if we have reason to believe the information provided is inaccurate

Providing false information may result in a permanent account ban without a refund.

3.3 Account Security Responsibility

You have full responsibility for maintaining account security:

• Password Protection: Choose a strong password and change it regularly
• Confidentiality Obligation: Do not share your login credentials with others
• Device Security: Ensure the security of the device used to access the Service
• Abnormal Activity: Notify us immediately upon discovering unauthorized access or security breaches

3.4 Notification of Unauthorized Use

If you discover unauthorized use of your account, you must:

• Notify us immediately via support@thup.ai
• Provide detailed information about the suspicious activity
• Cooperate with our security investigation

We are not responsible for losses caused by your failure to protect account security.

3.5 Account Sharing Restrictions

Your account is for your personal use only:

• Sharing account credentials with others is prohibited
• Creating multiple accounts to circumvent service limitations is prohibited
• Transferring or selling the account to others is prohibited

Violation of this provision will lead to the termination of all related accounts.

3.6 Account Suspension Scenarios

We may suspend your account in the following circumstances:

• Violation of these Terms of Service
• Suspicion of fraud or service abuse
• Receipt of third-party complaints regarding infringement
• Long-term outstanding payment disputes
• Threats to account security

During suspension, you will not have access to the Service, but credits will not automatically expire.

3.7 Account Termination Scenarios

We may permanently terminate your account in the following circumstances:

• Serious or repeated violations of these Terms
• Engagement in illegal activities
• Registering an account with false information
• Abusing or attempting to disrupt the Service
• Infringing upon others' rights

Upon termination, remaining credits will be cleared and are non-refundable.

3.8 User-Initiated Account Deletion

You may request to delete your account at any time:

• Submit a deletion request via support@thup.ai
• We will process it within 15 working days
• After deletion, all data (including remaining credits) will be permanently deleted and cannot be recovered
• Before deletion, ensure:
  • You have downloaded necessary generation content
  • You have used up credits or accepted the loss of credits
  • You have canceled any auto-renewal subscriptions

4. Credits and Payment

4.1 Credit System Overview

THUP.AI adopts a virtual credit system as the sole unit of measurement for platform services.

Nature of Credits:

• Credits are pre-paid vouchers for THUP.AI services and are not legal tender or securities
• Credits have no cash value and cannot be exchanged for cash or other currencies
• Credits are for use within the THUP.AI platform only and cannot be transferred, gifted, or traded
• Credits never expire as long as your account remains active

Credit Usage:

• Using AI image generation services (primary usage)
• Accessing premium features and services
• Other paid features that may be introduced in the future

4.2 Methods of Acquiring Credits

You can obtain credits through the following methods:

Purchasing Credits:

• Purchase credit packages through our payment partners
• Supported payment methods: Credit cards, debit cards, and other methods supported by Stripe
• Credits are credited immediately upon completion of purchase

Redeem Code Activation:

• Redeem credits using a valid activation code
• Redemption codes may be distributed through promotions, partners, or other channels
• Each redemption code can be used only once
• Redemption codes may have expiration limits and cannot be used after expiry

Subscription Plans (if applicable):

• Subscribing to PRO or BUSINESS plans may include monthly or annual credit quotas
• Details on credit quantity and allocation for subscriptions can be found in the subscription plan descriptions

Promotions:

• We may occasionally hold promotional activities to gift credits
• Conditions, quantities, and usage limits for promotional credits are subject to event rules

Administrator Adjustments (Extraordinary Circumstances):

• Resolving credit loss due to technical issues or service interruptions
• Compensating for credit deductions caused by our errors
• Processing refunds or dispute resolutions

4.3 Credit Usage Rules

The following rules must be observed when using credits:

Usage Order:

• Credits are consumed based on the First-In-First-Out (FIFO) principle
• Credits obtained earlier are used first
• Promotional gift credits may have priority usage rules

Usage Restrictions:

• You must have sufficient credits to initiate services
• Certain features may require a minimum credit balance
• We may set limits on the number of credits used per day or per session

Prohibited Conduct:

• Tampering with, forging, or illegally obtaining credits through technical means is prohibited
• Obtaining credits via vulnerabilities, cheating, or fraud is prohibited
• Buying, selling, trading, or transferring credits to other users is prohibited
• Creating multiple accounts to obtain new user offers is prohibited

Violating these rules will lead to account suspension or termination, and remaining credits will be cleared without refund.

4.4 Credit Consumption Standards

Credit consumption standards for different services are as follows:

AI Image Generation:

• Basic generation: Consumes a fixed number of credits per generation (see the generator interface for specific amounts)
• Unified pricing for all image sizes
• Different AI models may have different credit consumption standards

Refund for Generation Failure:

• If image generation fails due to technical issues, credits will be automatically returned to your account
• Credits will not be refunded if failure is due to user input violations
• Refunds are typically processed immediately after failure

Other Services (may be introduced in the future):

• Premium features may require additional credits
• Specific consumption standards will be clearly communicated when features are launched

Consumption Records:

• All credit consumption is recorded in your account history
• Detailed credit usage records can be viewed in your account settings

4.5 Credit Purchase Process

The complete process for purchasing credits:

1. Select Credit Package:

• Choose the desired credit quantity on the top-up page
• View the actual payment amount and credit quantity
• Confirm package details and offer information

2. Confirm Order Information:

• Check purchase quantity and total price
• Confirm your account information
• Read and agree to relevant terms

3. Select Payment Method:

• Choose credit card, debit card, or other supported payment methods
• You will be redirected to our payment provider's page

4. Complete Payment:

• Enter payment information on the secure payment page
• Your payment information is encrypted by the payment provider; we do not store full card numbers
• Complete payment verification (3D Secure verification may be required)

5. Credits Received:

• Credits typically arrive within 5 minutes after successful payment
• You will receive a purchase confirmation email
• Contact customer support if credits have not arrived after 15 minutes

Transaction Records:

• All purchase records are saved in your account
• Transaction records can be downloaded in your account settings

4.6 Pricing and Currency

Pricing Policy:

• Credit prices are marked in US Dollars (USD)
• Depending on your location, payment may be automatically converted to local currency
• Exchange rates are provided by the payment provider and may include conversion fees

Right to Adjust Prices:

• We reserve the right to adjust credit prices at any time
• Price adjustments do not affect credits already purchased
• Material price changes will be notified in advance

Tax Information:

• Displayed prices may not include taxes
• Depending on the laws of your region, additional Value Added Tax (VAT), sales tax, or other taxes may apply
• The actual payment amount is as displayed on the payment page

Offers and Discounts:

• Discounts may apply to large credit packages
• Special offers may be available during promotional periods
• Terms of promotional activities are as stated on the event page

4.7 Refund Policy

We understand you may need a refund, but due to the special nature of virtual goods and the irrevocable nature of third-party fees, refunds are subject to the following restrictions:

Refund Eligibility:

You are eligible to apply for a refund in the following cases:

• You have used less than 20% of the purchased credits
• The refund request is made within 30 days of purchase
• There have been no violations of the Terms of Service
• Services cannot be used due to technical issues that we cannot resolve promptly

You are NOT eligible for a refund in the following cases:

• You have used more than 20% of the purchased credits
• The purchase was made more than 30 days ago
• Your account is suspended or terminated due to violations of the Terms of Service
• Credits have been used to generate content, regardless of satisfaction with the results
• Credit consumption was due to your own reasons (e.g., input errors, operational mistakes)

Refund Process:

1. Submit Refund Request:

   • Send an email to support@thup.ai
   • State the reason for the refund and provide the order number
   • We will acknowledge receipt of your request within 2 working days

2. Eligibility Review:

   • We will review your account status and credit usage
   • Verify whether you meet the refund conditions
   • Review is typically completed within 5 working days

3. Calculate Refund Amount:

   • If eligible, we will calculate the actual refund amount
   • Refund Amount = Purchase Amount - Value of Used Credits - Non-refundable Fees

4. Process Refund:

   • Refunds will be returned to your original payment method
   • Processing time: 7-14 working days (depending on the payment provider and bank)
   • You will receive a confirmation notice upon completion

Partial Refunds:

• If you have used some credits (not exceeding 20%), we will refund proportionally
• Formula: Refund Amount = (Purchase Price × Percentage of Remaining Credits) - Non-refundable Fees
• Partial refunds are also subject to the 30-day limit

Consequences of Refund:

• Upon processing, corresponding credits will be deducted from your account
• The refund request will be rejected if the remaining balance is insufficient
• Once a refund is completed, you cannot apply for a refund for the same transaction again

Disputed Refunds:

• We reserve the right to immediately suspend your account if you initiate a chargeback through your credit card company or payment platform
• Maliciously initiating disputes may lead to permanent account termination
• We encourage you to resolve issues through customer support first

4.8 Disclaimer for Non-refundable Fees

As payment processing involves multiple third-party providers, the following fees are irrecoverable once incurred and are not covered by refunds:

Third-party Payment Channel Fees:

• Transaction fees charged by payment gateways like Stripe or PayPal (typically 2.9% + a fixed fee)
• These fees are paid to third parties at the time of your payment and cannot be returned
• Fee rates may vary by payment method

Credit/Debit Card Transaction Fees:

• Processing fees charged by credit card organizations (Visa, Mastercard, American Express, etc.)
• International transaction fees may be incurred for cross-border transactions
• These fees are collected by issuing banks and card organizations and are irrevocable

Taxes:

• Taxes complying with local laws and regulations (e.g., VAT, Sales Tax, GST)
• Taxes are remitted to relevant tax authorities and cannot be returned
• Tax rates vary by country and region

Currency Conversion Fees:

• Currency exchange fees for cross-border payments
• Exchange rate spreads and conversion handling fees
• These fees are collected by payment providers and banks

Other Irrevocable Fees:

• Anti-fraud detection service fees
• 3D Secure verification fees
• Other technical service fees charged by third-party providers

Fee Calculation Example:

Assuming you purchase a $100 credit package:

• Total payment: $100
• Stripe fee: 2.9% + 0.30 = $3.20
• VAT (assuming 20%): $20
• Amount we actually receive: 100 - 3.20 - 20 = $76.80

If you apply for a refund:

• Max refundable amount: $76.80 (after deducting fees and taxes)
• If you have used 10% of credits: 76.80 × 90% = $69.12
• Actual refund to your account: Approximately $69 (refund processing fees may also apply)

Transparency Commitment:

• We commit to transparent calculation of non-refundable fees
• We will provide detailed fee breakdowns upon refund application
• Contact customer support if you have questions about fee calculation

4.9 Payment Dispute Resolution

Negotiated Dispute:

If you have questions about fees, refunds, or other payment matters:

1. Contact Us First:

   • Send an email to support@thup.ai
   • Describe the specific issue and your expected solution
   • Provide relevant order numbers and transaction records

2. Internal Investigation:

   • We will investigate the issue within 5 working days
   • Review transaction records and account activity
   • Contact relevant payment providers for verification

3. Negotiated Solution:

   • We will provide investigation results and solutions
   • If it is our error, we will correct and compensate immediately
   • We are willing to resolve issues through friendly negotiation if further discussion is needed

Chargeback Warning:

Before initiating a dispute through channels like credit card companies or PayPal, please note:

• Account Freeze: Your account will be immediately suspended during the dispute, and you will be unable to use any services
• Evidence Collection: We will provide full transaction records, usage logs, and terms of service to the payment provider
• Dispute Costs: You may be required to bear dispute processing costs if the dispute is found to be unreasonable or fraudulent
• Account Termination: Maliciously initiating disputes will lead to permanent account termination without refund

Reasonable Disputes:

We understand that initiating a dispute is reasonable in instances such as:

• Your credit card was stolen and used for THUP.AI purchases
• Unauthorized duplicate charges
• We failed to provide services as promised and refused a refund

Fraud Prevention:

• We use advanced fraud detection systems
• Suspicious transactions may require extra verification
• We reserve the right to refuse suspicious orders

4.10 Promotional Terms

We may occasionally launch credit promotions:

Types of Promotions:

• First Recharge Offer: Extra credits for new users' first purchase
• Recharge Rebate: Extra credits for purchasing specific packages
• Holiday Promotions: Limited-time offers during specific holidays
• Referral Rewards: Credit rewards for referring new users

Promotional Credit Usage Rules:

• Promotional credits may have expiration limits (which will be clearly marked)
• Promotional credits may be restricted to specific features
• Promotional credits are typically used after regular purchased credits
• Promotional credits are non-refundable and cannot be exchanged for cash

Promotion Terms:

• Each promotional activity has independent detailed terms
• The right of interpretation for promotions belongs to THUP.AI
• We reserve the right to modify or terminate promotions at any time
• Abuse of promotions (e.g., creating multiple accounts) is prohibited

Promotion Changes and Termination:

• Promotional prices and conditions may change at any time
• We may terminate promotions without prior notice
• Termination of a promotion does not affect already obtained promotional credits

Applicability of Payment Provider Terms:

By purchasing credits, you are also bound by the terms of service of our payment providers (such as Stripe):

• You must comply with the payment provider's terms of use
• Payment providers may have their own refund policies and dispute resolution processes
• We are not responsible for the actions of payment providers

Credit Handling upon Account Termination:

If your account is terminated (whether by your request or due to violations):

• Remaining credits expire immediately and cannot be recovered
• No refunds will be provided, regardless of the credit balance
• Used credits are not refundable, even if termination is due to violations
• Ensure you have used all credits or are willing to forfeit them before deleting your account

Right to Change Price and Consumption Rules:

We reserve the following rights:

• To adjust credit purchase prices at any time
• To adjust credit consumption standards for services at any time
• To modify credit acquisition and usage rules
• To introduce new credit packages or cancel existing ones

Changes in prices and rules will not affect already purchased credits but will affect new purchases and usage after the change.

Contact Customer Support:

For any questions about credits and payments, please contact: support@thup.ai

5. User Content and Conduct

5.1 Definition of User Content

"User Content" refers to all content that you create, upload, submit, store, send, or receive while using THUP.AI services.

User Content includes, but is not limited to:

• Input Prompts: Text descriptions and instructions you enter
• Uploaded Reference Images: Image files you upload to assist generation
• Generated Image Content: Images generated through our AI services
• Conversation History: Records of your interactions with the AI
• Comments and Feedback: Reviews, feedback, and suggestions you submit
• Profile Information: Public information such as your avatar and username

User Content does NOT include:

• The platform's own software and interface
• Prompt library content provided by us (these are platform content)
• System-generated metadata and logs

5.2 Responsibility for User Content

You bear full responsibility for all user content you create or upload:

Content Ownership:

• You represent and warrant that you own or have obtained all necessary rights, licenses, and consents to create and submit User Content
• You represent that your User Content does not infringe upon any third party's intellectual property, privacy, or other rights
• You bear any legal liability arising from User Content

Content Legality:

• You warrant that your User Content complies with all applicable laws and regulations
• You will not use the Service for illegal activities or to create illegal content
• You understand that certain content may be illegal in certain jurisdictions

Assumption of Consequences:

• If your User Content leads to third-party claims or legal actions, you agree to defend, indemnify, and hold THUP.AI harmless
• We reserve the right (but have no obligation) to review, monitor, or delete User Content
• We do not provide any guarantees regarding the accuracy, completeness, or quality of User Content

5.3 Detailed Description of Prohibited Content

You expressly agree not to use the Service to create, upload, generate, or distribute the following types of content:

Illegal Content:

• Content that violates any local, national, or international laws or regulations
• Content that promotes illegal activities (e.g., drug production, weapons manufacturing, illegal gambling)
• Content that infringes upon the legal rights of others

Intellectual Property Infringement Content:

• Content that infringes on others' copyrights, trademarks, patents, or other intellectual property rights
• Unauthorized use of others' works, characters, brands, or trademarks
• Content that attempts to copy or imitate protected works

Pornographic and Inappropriate Content:

• Pornographic, obscene, or explicit sexual content
• Sexually suggestive or exploitative content
• Content containing nudity or sexual acts
• Advertisements for sexual services or sex-trade-related content

Violent and Hateful Content:

• Extremely violent, gory, or disturbing content
• Hate speech, racism, sexism, or other discriminatory content
• Harassment, threats, or bullying directed at individuals or groups
• Content that promotes terrorism or extremism

Minor Protection:

• Any inappropriate content involving minors
• Child Sexual Abuse Material (CSAM) or child pornography
• Exploitation, harm, or danger to minors
• Inappropriate marketing targeted at minors

Fraudulent and Misleading Content:

• Fraudulent, scam, or phishing content
• False information, fake news, or maliciously spread rumors
• Misleading health claims or unverified medical advice
• Impersonating others or forging documents

Harmful Technical Content:

• Malware, viruses, Trojan horses, or other harmful code
• Content designed to disrupt, interfere with, or gain unauthorized access to systems
• Exploiting security vulnerabilities or bypassing technical protection measures
• Spam or unsolicited bulk messages

Privacy Violation:

• Posting others' personal information without consent (doxing)
• Illegally collecting or disclosing sensitive personal data
• Content that infringes on others' privacy or data protection rights

Other Prohibited Content:

• Self-harm, suicide, or content encouraging others to harm themselves
• Illegal drug use, abuse, or promotion
• Content related to gambling or illegal wagering (in prohibited jurisdictions)
• Spam, duplicate content, or abuse of platform features

5.4 Prohibited Conduct

In addition to prohibited content, you agree not to engage in the following conduct:

Service Abuse:

• Using the Service in any manner that could damage, disable, overburden, or impair our servers or networks
• Interfering with others' use and enjoyment of the Service
• Attempting to gain unauthorized access to any part of the Service
• Using bots, scripts, or automated tools to generate content in bulk (without explicit authorization)

Circumvention and Fraud:

• Attempting to bypass our technical protection measures or content filters
• Creating multiple accounts to circumvent restrictions or obtain extra offers
• Registering an account with false information
• Manipulating the credit system or attempting to obtain unauthorized credits

Intellectual Property Abuse:

• Removing or tampering with copyright notices, trademarks, or other proprietary markings
• Reverse engineering, decompiling, or disassembling any part of the Service
• Unauthorized copying, modification, distribution, or creation of derivative works of the Service

Commercial Abuse:

• Unauthorized use of the Service for commercial purposes (beyond personal or authorized commercial scope)
• Reselling, redistributing, or transferring your account or credits
• Using the Service for competitive business purposes or to develop competitive products

Data Collection:

• Using crawlers, bots, or other automated tools to collect user information or platform content
• Systematically downloading or storing prompt library content provided by the platform
• Unauthorized collection or processing of other users' personal information

5.5 Content Moderation and Monitoring

Our Right to Moderate:

We reserve the right, but have no obligation, to:

• Review, monitor, or inspect any User Content
• Delete or refuse to post User Content at our discretion
• Restrict or suspend access for violating users
• Report suspected illegal activities to law enforcement agencies

Moderation Methods:

• Automated Moderation: We use automated systems to detect prohibited content
• User Reporting: Other users can report violating content
• Human Review: Our team may manually review flagged content
• Proactive Monitoring: We may proactively review public or trending content

Moderation Limits:

• We do not pre-moderate all User Content
• Automated systems may produce false positives or negatives
• Our moderation does not constitute an endorsement of content legality or appropriateness
• Moderation does not relieve you of responsibility for your User Content

5.6 Violation Handling Procedures

If we discover or are notified that your content or conduct violates these Terms:

First-time Violation (Minor Violation):

• Warning Notice: We will notify you of the violation via email
• Content Removal: Violating content will be deleted
• Educational Guidance: We will explain which behaviors are not permitted
• Opportunity to Resume: You can continue using the service provided you follow the rules

Repeated or Serious Violations:

• Account Suspension: Temporary suspension for 7-30 days
• Feature Restriction: Limiting use of certain features (e.g., image generation)
• Credit Freeze: Credits are retained but unusable during suspension
• Opportunity to Appeal: You can appeal and explain the situation

Severe or Malicious Violations:

• Account Termination: Immediate permanent account termination
• Credit Clearing: All remaining credits are cleared without refund
• IP Ban: Blocking new account creation from your IP address
• Legal Action: We may report to law enforcement or take legal action

Strict Handling for Specific Violation Types:

• CSAM: Immediate account termination and report to the National Center for Missing & Exploited Children (NCMEC) and law enforcement
• Terrorist Content: Immediate account termination and report to relevant authorities
• Serious Intellectual Property Infringement: Immediate removal of content; repeat infringement leads to account termination
• Fraud or Abuse: Immediate account suspension and initiation of an investigation

5.7 Appeal and Reconsideration

If you believe we incorrectly removed your content or suspended your account:

Appeal Process:

1. Submit Appeal:

   • Send an email to support@thup.ai
   • Subject line: "Content Appeal" or "Account Appeal"
   • Explain why you believe the decision was wrong
   • Provide evidence supporting your appeal

2. Appeal Review:

   • We will review your appeal within 5 working days
   • Different team members will re-evaluate the decision
   • We may request additional information

3. Appeal Result:

   • Appeal Successful: Content restored, account suspension lifted
   • Appeal Partially Successful: Penalty may be reduced (e.g., shortened suspension period)
   • Appeal Failed: Original decision upheld
   • We will notify you of the result and reasons via email

Appeal Restrictions:

• Only one appeal per decision
• Malicious or repeated submissions of the same appeal may lead to restricted appeal rights
• Termination decisions for certain severe violations (e.g., CSAM) are not subject to appeal

5.8 User Reporting Mechanism

If you discover violating content or conduct from other users:

How to Report:

• Send an email to support@thup.ai
• Subject line: "Content Report"
• Provide the following information:
  • Specific location or link of the violating content
  • Reason for report (which rule was violated)
  • Your contact information (for follow-up)
  • Any supporting evidence (screenshots, timestamps, etc.)

Report Processing:

• We will evaluate the report within 24-48 hours of receipt
• Urgent situations (e.g., CSAM, violent threats) will be prioritized
• We may contact you for more information
• Results will be notified via email

Whistleblower Protection:

• Reports are anonymous; the reported user will not know who reported them
• Honest and good-faith reports will not adversely affect your account
• We protect whistleblowers from retaliation

Abuse of Reporting:

• Malicious or false reporting may lead to your own account suspension
• Please only report genuine violations

5.9 Cooperation with Law Enforcement and Legal Processes

In certain cases, we may need to disclose User Content and information to law enforcement or judicial authorities:

Legal Requirements:

• Responding to court orders, subpoenas, or other lawful legal processes
• Complying with requirements of applicable laws and regulations
• Responding to lawful requests from government or law enforcement agencies

Emergency Situations:

• Preventing imminent threats to personal safety
• Preventing criminal acts or investigating serious crimes
• Protecting national security

Protecting the Platform and Users:

• Executing our Terms of Service and policies
• Detecting, preventing, or resolving fraud, security, or technical issues
• Protecting the rights, property, or safety of THUP.AI, our users, or the public

Transparency Commitment:

• Where permitted by law, we will notify you before disclosure
• We will challenge overly broad or improper requests
• We may publish transparency reports stating the number of legal requests received (where legally permitted)

5.10 Special Considerations for AI-Generated Content

As the Service involves AI image generation, the following special provisions apply:

Responsibility for Input Prompts:

• You are responsible for the content of the prompts you enter
• Even if you do not directly upload prohibited content, if your prompts are designed to generate prohibited content, it constitutes a violation
• Attempting to bypass content filters through "prompt engineering" is prohibited

Unpredictability of Generated Content:

• AI-generated content may not perfectly match your expectations
• If AI accidentally generates violating content despite your input being compliant, it typically does not lead to account penalties
• Repeatedly attempting to generate violating content (even if unsuccessful) may be deemed a violation

Commercial Use Declaration:

• If you intend to use generated content for commercial purposes, you are responsible for ensuring the content does not infringe on any third-party rights
• We bear no responsibility for intellectual property issues arising from AI-generated content
• You are advised to consult a legal professional before commercial use

Celebrities and Public Figures:

• Generating content using the names of celebrities or public figures may involve rights of privacy and publicity
• You are responsible for ensuring such use is legal
• Some jurisdictions have strict restrictions on such use

Boundaries Between Artistic Expression and Prohibited Content:

• We understand the importance of artistic expression, but certain content remains prohibited
• Artistry cannot serve as an excuse for creating pornographic, violent, or other prohibited content
• If you believe your content has artistic value but was removed in error, you can appeal and explain

Continuity of Content Review:

• Even if content initially passes moderation, we may still delete violating content later
• Community standards and legal requirements may change over time
• We may re-evaluate existing content based on new policies or legal requirements

6. AI Generated Content

6.1 Usage Rights of AI-Generated Content

Your Rights:

You may use AI content generated through this Service for personal or commercial purposes, subject to the following conditions:

• Personal Use: You are free to use generated content for personal, non-commercial purposes
• Commercial Use: You may use generated content for commercial purposes, including but not limited to:
  • Marketing and advertising materials
  • Product design and packaging
  • Website and social media content
  • Publications and printed materials
  • Video and multimedia projects

Usage Restrictions:

• You cannot claim to be the original author of the generated content (especially where human authorship is required)
• You cannot use generated content in a manner that could damage THUP.AI's reputation
• You must comply with all applicable laws, regulations, and industry standards

6.2 Inherent Limitations of AI Technology

Due to the nature of AI technology, there are inherent limitations to generated content:

Accuracy Limitations:

• AI may generate inaccurate, incomplete, or untrue content
• Generated images may contain errors, distortions, or unrealistic elements
• AI does not understand "facts" and generates content based only on training data

Consistency Limitations:

• Multiple generations from the same prompt may produce different results
• AI struggles to maintain long-term consistency or remember previous generations
• The quality of results may vary depending on the prompt

Creative Limitations:

• AI is based on existing training data and may lack true originality
• Generated content may reflect biases or stereotypes present in training data
• AI does not possess human emotions, value judgments, or cultural sensitivity

Technical Limitations:

• Generation time, image size, and quality are subject to technical and resource limits
• Certain complex or abstract concepts may be difficult to generate accurately
• AI models may not process all languages or dialects

6.3 Service Disclaimers

Reliance on Google AI Services:

The AI image generation service on this platform is provided by Google. Regarding AI-generated content:

• No Quality Warranty: Neither Google nor THUP.AI guarantees the accuracy, completeness, reliability, or suitability of generated content
• Technical Reliance: Generation quality depends on the performance of Google AI services; we have no control over the underlying technology
• Service Availability: Our image generation features may be affected if Google AI services are interrupted or performance degrades
• Technical Changes: Google may update or change its AI models at any time, which could affect generation results

Unpredictability of Content:

AI may generate unexpected content:

• Inaccurate Content: AI may generate content that is factually wrong, illogical, or unrealistic
• Incomplete Content: Generated images may have missing elements or incomplete details
• Offensive Content: Despite our content filters, AI may occasionally generate offensive, controversial, or inappropriate content
• Biased Content: AI may reflect social biases, stereotypes, or cultural prejudices from training data

Non-Professional Advice Disclaimer:

Generated content should not serve as the basis for professional advice:

• NOT Legal Advice: Generated content does not constitute legal opinions or legal consultation
• NOT Medical Advice: AI-generated content should not be relied upon for health decisions or medical diagnoses
• NOT Financial Advice: Generated content does not constitute investment, financial planning, or tax advice
• NOT Professional Consulting: For any matter requiring professional judgment, please consult a qualified professional

Viewpoint Disclaimer:

• Generated content does not represent the views, values, or positions of Google or THUP.AI
• We do not endorse or warrant any viewpoints expressed in generated content
• Any statements, opinions, or recommendations in generated content should not be seen as our position

6.4 User Verification Responsibility

You have a responsibility to conduct appropriate review and verification before using AI-generated content:

Review Before Commercial Use:

• Fact-Checking: Verify any factual statements in the generated content
• Legal Review: Ensure content does not infringe on any third-party rights (copyright, trademark, privacy, etc.)
• Brand Consistency: Confirm the content aligns with your brand guidelines and standards
• Cultural Sensitivity: Check content for elements that might offend target audiences

Quality Control:

• Visual Inspection: Carefully inspect the quality, accuracy, and completeness of generated images
• Suitability Assessment: Confirm content is suitable for its intended use and target audience
• Editing and Modification: Edit, modify, or post-process generated content whenever necessary

Legal Compliance:

• Intellectual Property Clearing: Ensure there are no intellectual property issues before commercial use
• Regulatory Compliance: Ensure content meets regulatory requirements of your industry (e.g., advertising standards, health claim rules)
• Privacy Protection: Ensure content does not contain unauthorized personal information or likenesses

Specific Industry Requirements:

• Healthcare: Medical-related content must be reviewed by professional medical personnel
• Financial Services: Promotion of financial products must comply with financial regulatory requirements
• Children's Products: Content targeted at children must comply with child protection regulations
• Food and Drugs: Related claims must comply with requirements of food and drug regulatory agencies

6.5 Intellectual Property Explanation

Platform Rights to Generated Content:

• No Ownership Claim: THUP.AI does not claim ownership over content you generate
• License: By using the Service, you grant THUP.AI a limited license solely for providing and improving the service (e.g., displaying thumbnails, temporary storage)
• Non-Exclusive: Our license is non-exclusive and does not prevent you from fully using your content

Copyright Issues for AI-Generated Content:

The copyright status of AI-generated content is not yet clear globally:

• Legal Uncertainty: Different jurisdictions vary in their level of copyright protection for AI-generated content
• U.S. Position: The U.S. Copyright Office currently maintains that purely AI-generated works may not meet copyright protection requirements
• Other Jurisdictions: Some countries may recognize copyright for AI-generated content, but standards vary

Your Responsibility:

• If you intend to rely on copyright protection, consulting an IP lawyer is recommended
• Human modification and creative input to generated content may enhance copyright protection
• Consider using trademarks or other forms of IP protection as supplementary safeguards

Third-Party Rights Risk:

Although AI generates content based on training data, potential risks remain:

• Similarity Risk: AI-generated content may inadvertently resemble existing protected works
• Style Imitation: Generating content in the style of specific artists may trigger legal issues
• Trademark Issues: Generated content may inadvertently include elements similar to trademarks

Our Disclaimer:

• We are not responsible for IP disputes arising from your use of generated content
• You bear any legal consequences arising from the use of generated content
• If we receive third-party infringement complaints, you must handle them or bear legal costs yourself

6.6 Commercial Use Guidelines for Generated Content

If you intend to use generated content for commercial purposes, please follow these best practices:

Risk Assessment:

• Assess the importance and risk exposure of the content to your business
• For high-value or high-risk uses (e.g., major marketing campaigns), consider additional legal review
• Prepare for potential IP disputes (e.g., by purchasing liability insurance)

Human Review and Editing:

• Perform human modification and creative input on generated content
• Human editing can increase the originality of content, potentially enhancing copyright protection
• Document your modifications and contributions to the generated content

Attribution and Disclosure:

• Disclose that content is AI-generated where appropriate (some jurisdictions may require this)
• Consider transparently informing clients or users of the content source
• Comply with transparency requirements for advertising and marketing

Backup Plan:

• For critical commercial uses, consider preparing backup content
• Do not rely solely on a single piece of AI-generated content
• Maintain the ability to switch to human-created content

6.7 Content Storage and Retention

Temporary Storage:

• Generated images are temporarily saved in our storage system
• You can download generated images at any time
• We recommend promptly downloading and backing up important content to your own devices

Storage Period:

• The storage period for generated content is related to your account status
• If you delete your account, all related content will be deleted
• We do not guarantee permanent storage of your generated content

Download and Backup:

• You are responsible for downloading and saving necessary generated content
• We are not responsible for content loss due to technical failure, service termination, or other reasons
• Regular backup of important content is advised

Privacy Protection:

• We do not use your generated content to train AI models
• We do not share your generated content with third parties (except for Google AI services, and solely for generation processing)
• Your generated content is protected by our Privacy Policy

6.8 Model Updates and Changes

AI Models are Subject to Change:

Our reliant AI service provider (Google) may update its models at any time:

• Performance Changes: Model updates may improve or affect generation quality
• Style Changes: The style or characteristics of generated content may change
• Feature Changes: Certain features may be added or removed
• No Guaranteed Consistency: We do not guarantee that using the same prompt at different times will produce the same result

Notification:

• We will strive to provide advance notice of major model changes
• Some technical updates by Google may occur without advance notice

Your Choice:

• If you are dissatisfied with model changes, you may stop using the Service
• We are not responsible for differences in generation results due to model changes

6.9 AI Safety and Ethical Commitment

We are committed to the responsible use of AI technology:

Content Filtering:

• We implement content filtering systems to attempt to block the generation of prohibited content
• Filters are based on keywords, pattern recognition, and machine learning
• Filters are not perfect and may produce false positives or negatives

Bias Mitigation:

• We recognize that AI may contain biases and strive to mitigate them
• We encourage users to report biased or inappropriate generation results
• We continuously improve our systems to reduce biased and discriminatory outputs

Transparency:

• We clearly inform users that content is AI-generated
• We do not hide the limitations of AI technology
• We make our content policies and limitations public

Continuous Improvement:

• We continuously monitor and evaluate AI outputs
• We improve our systems based on user feedback and industry best practices
• We are committed to complying with AI ethical guidelines and best practices

6.10 Summary of Disclaimers

Key Disclaimers:

By using the Service and AI-generated content, you understand and accept:

• "As Is" Provision: AI generation services are provided on an "as is" and "as available" basis without warranties of any kind
• No Accuracy Guarantee: We do not guarantee the accuracy, reliability, completeness, or suitability of generated content
• Your Risk: Use of generated content is at your own risk
• Your Responsibility: You bear full responsibility for how you use generated content and any resulting consequences
• No Professional Advice: Generated content does not constitute any form of professional advice
• Third-Party Reliance: The service relies on AI technology provided by Google; we have no control over its performance or availability
• Legal Uncertainty: The legal status of AI-generated content is unclear in many jurisdictions

Your Acknowledgment:

By using the Service, you confirm you have read and understood all the above limitations and disclaimers and agree to bear the risks associated with the use of AI-generated content.

7. Intellectual Property

7.1 Platform Intellectual Property Ownership

THUP.AI's Ownership:

The Platform and all its content, features, and functionality (including but not limited to the following) are the exclusive property of THUP.AI and its licensors, protected by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, the United States, and international intellectual property laws:

• Software and Code: Underlying software, code, algorithms, and technical architecture of the platform
• Design and Interface: User interface, web design, graphical elements, layout, and visual presentation
• Text Content: Words, instructions, tutorials, documentation, and other written content provided by the platform
• Graphics and Visual Elements: Logos, icons, illustrations, photos, and other visual works
• Prompt Library Content: Curated and edited prompt collections, categories, and descriptions we provide
• Trademarks: The THUP.AI name, logo, and other brand identifiers

Types of Intellectual Property:

Our platform is protected by the following:

• Copyright: Protecting our original works, including software, design, and content
• Trademarks: Protecting our brand names, logos, and other commercial identifiers
• Trade Secrets: Protecting our proprietary technologies, methods, and business information
• Patents (where applicable): Protecting our technical innovations and inventions

7.2 User License

License Granted to You:

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service on the condition that you comply with these Terms:

Scope of License:

• Personal Access: Accessing the platform for your own personal or authorized commercial purposes
• Feature Usage: Using features provided by the platform (e.g., image generation, prompt browsing)
• Content Viewing: Viewing and using our provided prompt library content as a reference

License Restrictions:

You expressly agree NOT to:

• Modify, adapt, translate, or create derivative works of the platform
• Reverse engineer, decompile, or disassemble the platform's software or technology
• Remove, obscure, or alter any copyright notices, trademarks, or other proprietary markings
• Copy, distribute, sell, license, or transfer the platform or any part thereof
• Use automated tools (e.g., bots, crawlers) to systematically extract platform content
• Use the platform for any illegal or unauthorized purpose

Termination of License:

• The license automatically terminates if you violate these Terms
• We may terminate or suspend your license at any time for any reason
• Upon license termination, you must immediately stop using the platform

7.3 Third-Party Content Disclaimer and DMCA Procedures

Disclaimer and Waiver:

Some images, text, designs, or other materials displayed on this Platform may originate from:

• Public resources (Public Domain, Creative Commons licenses, etc.)
• User-Generated Content (UGC)
• Third-party licensed content

These materials are used for demonstration and educational purposes only. We respect intellectual property rights and are committed to promptly responding to any lawful infringement complaints.

Rights of Copyright Owners:

If you are a copyright owner of relevant content and believe your rights have been infringed, please contact us at support@thup.ai with the following information:

DMCA Notice Requirements (complying with the U.S. Digital Millennium Copyright Act):

1. Proof of Rights:

   • Documents proving your copyright ownership of the content (e.g., copyright registration certificate, original files, proof of creation time)
   • Your real name and contact information
   • Authorization proof if you are acting on behalf of the copyright owner

2. Identification of Infringing Content:

   • The specific location or link of the allegedly infringing content
   • Accurate description of the infringed work
   • Provide a representative list if multiple works are involved

3. Good Faith Statement:

   • A statement that you believe in good faith that use of the material is not authorized by the copyright owner, its agent, or the law
   • A statement that the information in the notice is accurate
   • A statement that you are authorized to act on behalf of the copyright owner (under penalty of perjury)

4. Signature:

   • Your electronic or physical signature

Processing Workflow:

Upon receiving a complete DMCA notice, we will:

1. Acknowledge Receipt (within 1-2 working days)
2. Review Notice (within 3-5 working days):
   • Verify if the notice complies with DMCA requirements
   • Evaluate the reasonableness of the infringement claim
3. Take Action:
   • Add Attribution: If the content can be used legally but lacks attribution, we will add appropriate credit
   • Modify Content: If the issue can be resolved through modification, we will make necessary changes
   • Delete Content: If it indeed constitutes infringement, we will remove the relevant materials
4. Notify Outcome: Send you a notification of the actions we have taken

Counter-Notice Procedure:

If your content was removed due to a DMCA notice but you believe the removal was an error, you may submit a counter-notice:

• Send a counter-notice to support@thup.ai
• Explain why you believe the content does not constitute infringement
• Provide evidence supporting your claim
• We will review the counter-notice and may restore the content

Repeat Infringer Policy:

• We have a zero-tolerance policy toward repeat infringers
• Accounts with multiple infringements will be permanently terminated
• We comply with DMCA repeat infringer provisions

7.4 Intellectual Property of User-Generated Content

You Retain Ownership:

• You retain ownership of original content you upload or create
• We do not claim ownership over your User Content

License You Grant to Us:

By uploading or submitting content to the platform, you grant THUP.AI a worldwide, non-exclusive, royalty-free, sublicensable license to:

Licensed Uses:

• Hosting and Storage: Storing your content on our servers
• Display: Displaying your content on the platform (e.g., thumbnails, previews)
• Processing: Processing your content to provide the service (e.g., generating images via AI services)
• Technical Operations: Copying and modifying (e.g., resizing, format conversion) your content to provide the service
• Improving Services: Using aggregated and anonymized usage data to improve our services

We Will NOT:

• Use your generated content to train AI models
• Sell or license your content to third parties for other purposes
• Share your private content publicly
• Use your content for advertising or marketing (without your explicit consent)

License Term:

• The license is valid as long as your content is stored on our platform
• The license terminates when you delete content or close your account (though reasonable time may be needed to remove it from backup systems)

7.5 Prompt Library Usage Rules

Our Prompt Library:

The curated prompt library provided by the platform is our intellectual property and is protected by copyright.

Permitted Usage:

• Personal Reference: Browsing and learning from our prompts
• Personal Use: Using prompts to generate your own images
• Inspiration Source: Creating your own prompts inspired byurs

Prohibited Usage:

• Bulk Copying: Systematic downloading, copying, or extraction of large numbers of prompts
• Redistribution: Republishing our prompt library on other platforms or services
• Commercial Resale: Selling or licensing our prompts to others
• Creating Competitive Services: Using our prompts to create competing prompt libraries or services
• Automated Extraction: Using crawlers, bots, or other automated tools to extract prompts

Consequences of Violation:

• Unauthorized bulk copying or redistribution may lead to account termination and legal action
• We may seek injunctive relief and damages

7.6 Trademark Usage Policy

Our Trademarks:

The "THUP.AI" name, logo, and other brand identifiers are our trademarks.

Unauthorized Usage:

Without our written permission, you may NOT:

• Use our trademarks in your product, service, or business names
• Use our trademarks in a manner that causes confusion or is misleading
• Use our trademarks in a manner that implies sponsorship, endorsement, or affiliation by us
• Modify, alter, or create derivative versions of our trademarks
• Use our trademarks as part of your own trademark or domain name

Permitted Attribution:

You may use our trademarks in the following cases (no permission required):

• Accurate Description: Accurately describing your use of THUP.AI services (e.g., "Created with THUP.AI")
• News and Commentary: Fair use in news reporting, reviews, or discussions
• Linking: Using unmodified logos when linking back to our website

Trademark Guidelines:

If you wish to use our trademarks in other ways, please contact support@thup.ai for written permission.

7.7 Intellectual Property of AI-Generated Content

Ownership Issues:

As stated in Chapter 6, the IP status of AI-generated content is complex and uncertain:

• THUP.AI's Position: We do not claim ownership over content you generate
• Your Rights: You may use generated content but bear the IP risk yourself
• No Warranty: We do not guarantee copyright protection or non-infringement of generated content

Third-Party AI Services:

Since we use AI services provided by Google:

• Google's terms of service also apply to the AI generation process
• Google does not claim ownership over generated content
• However, Google's terms may have additional restrictions on the use of generated content

7.8 Infringement Complaints and Dispute Resolution

If you believe there is content on the platform that infringes your rights:

Please follow the DMCA procedures in Section 7.3 to submit a complaint.

If you receive an infringement complaint regarding content you generated:

1. Suspend Use: Consider suspending use of the disputed content until the issue is resolved
2. Seek Legal Advice: Consult an IP lawyer to evaluate the claim
3. Collect Evidence: Keep your original prompts, generation records, and any other relevant evidence
4. Respond to Complaint: If the complaint is submitted to THUP.AI, we may contact you for details

Our Role:

• We are a platform provider, not a party to disputes between you and third parties
• We may remove disputed content in accordance with DMCA and other legal requirements
• You must handle IP disputes and any legal proceedings yourself

7.9 Protecting Your Intellectual Property

Best Practices:

To protect content you generate:

1. Document the Creation Process:

   • Save the prompts you use
   • Record generation dates and times
   • Keep screenshots or records of the generation process

2. Add Creative Input:

   • Perform human editing and modification on AI-generated content
   • Add your own creative elements
   • Combine multiple generation results to create unique works

3. Register Protection (where applicable):

   • Consider registering copyright for the modified work
   • Use trademark protection for works used commercially
   • Consult an IP lawyer to understand your options

4. Use Copyright Notices:

   • Add copyright notices when publishing content
   • Use watermarks to protect visual works
   • Be clear about your usage terms

7.10 IP Policy Enforcement

Our Commitment:

We take IP protection seriously:

• Responsive: We quickly process lawful infringement notices
• Act in Good Faith: We evaluate all complaints and counter-notices in good faith
• Transparent Communication: We clearly state our decisions and reasons
• Fair Enforcement: We enforce policies equally for all users

Contact Information:

Send all IP-related inquiries, DMCA notices, or complaints to: support@thup.ai

Legal Action:

For serious or repeated IP infringements, we reserve the right to take legal action, including:

• Seeking injunctive relief
• Pursuing damages
• Reporting to law enforcement (for criminal infringement)

Right to Revise:

We reserve the right to modify this IP policy at any time, with notifications provided through updates to these Terms of Service.

8. Disclaimers

Service Disclaimer: The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

Assumption of Risk: Your use of the Service is at your own risk. We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, or error-free
• Results obtained through the Service will be accurate or reliable

9. Limitation of Liability

To the maximum extent permitted by applicable law:

THUP.AI shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data loss, or business interruption.

Our liability limits are in accordance with industry-standard SaaS terms of service and shall not exceed a reasonable scope under any circumstances.

10. Dispute Resolution

Governing Law: These Terms shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

Dispute Resolution: Any dispute arising out of or relating to these Terms or the Service shall first be resolved through amicable negotiation. If negotiation fails, the dispute shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with its current arbitration rules. The seat of arbitration shall be Hong Kong, and the language of arbitration shall be English. The arbitration award shall be final and binding on both parties.

Class Action Waiver: You agree that you may only bring claims in your individual capacity and not as a plaintiff or class member in any class or representative action.

Limitation Period: Any claim relating to this Service must be brought within one (1) year after the cause of action arises, or it will be barred.

11. General Provisions

11.1 Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and THUP.AI regarding the Service. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us.

11.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• Such provision shall be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision shall be severed from these Terms
• The invalidity of such provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect

11.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not:

• Constitute a waiver of such right or provision
• Be deemed a further or continuing waiver of such term or condition or any other term or condition

Any waiver must be in writing and signed by an authorized representative of THUP.AI to be effective.

11.4 Assignment

• By THUP.AI: We may assign or transfer our rights and obligations under these Terms at any time without notice or your consent (e.g., in the event of a merger, acquisition, or sale of assets)
• By You: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any unauthorized assignment shall be null and void

11.5 Third-Party Rights

These Terms are between you and THUP.AI. No other person or entity shall have any rights to enforce any of its terms, and these Terms do not create any third-party beneficiary rights.

11.6 Headings and Interpretation

The section headings in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".

11.7 Notices

We may provide notices to you:

• Via email to the address associated with your account
• By posting on the Service or the Platform
• Notices will be deemed received 24 hours after being sent or posted

11.8 Language

These Terms may be translated into other languages for convenience. In the event of any conflict or inconsistency between the English version and any other language version, the English version shall prevail and be the definitive version.

11.9 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to Chapters 4 (Credits), 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Dispute Resolution), and 11 (General Provisions).

12. Contact Us

We welcome your feedback, comments, and questions regarding these Terms. You can reach us through the following channels:

• Email: support@thup.ai
• Customer Support: Use the feedback feature within the Platform
• Business Cooperation: partnership@thup.ai

We strive to respond to all inquiries within 2-3 working days. For urgent security or account issues, please prioritize email contact.

Official Website: https://thup.ai

Effective Date: January 1, 2024 Last Updated: April 20, 2024