Perfect Corp. ("Perfect," "we" or "us") provides services related to AR and AI technology, which offer you virtual try-on, photo/video editing, generative AI, as well as online community features. These YCO API Terms of Service will be updated from time to time and will govern your use of YouCam Online Editor Platform online API services ("API Terms"). All references to "you" or "your," as applicable, mean the person who has access to the Services in any manner. 

1.1 YouCam Online Editor Platform. The YouCam Online Editor Platform refers to the AI products, services, documentation, software, and other offerings provided at https://yce.perfectcorp.com/ (“YouCam Online Editor Platform Website”). These online services, documentation, software, and other offerings will be provided to you in accordance with one or more orders. You may select one or more specific services based on your needs and are required to comply with the respective service rules.

1.2 Unless explicitly stated otherwise, any use of the Service shall be subject to these API Terms. You understand and agree that the Service is provided AS-IS, WITH ALL FAULTS, and that, to the fullest extent permitted by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, contents, communications or personalization settings.

1.3 The terms, rules, instructions, and standards governing specific Services, including introduction, API Server, rate limit, service content, technical specifications, operational documentation, pricing, retention period, and privacy policy shall be governed by the effective content displayed on the YouCam Online Editor platform and other related pages at the time. Other matters not covered in these API Terms shall be governed by the YouCam Terms and YouCam Online Editor Specific Terms on our website.

1.4 We may modify the Services from time to time as we expand our scope of services, and these API Terms will govern those updates or new features on the Services when added. You may be accessing our Services from a smart mobile device or a computer, and these API Terms will govern your use of our Services and your conduct, regardless of the means of access to the Service.

1.5 YOU UNDERSTAND THAT BY USING THIS SERVICE, REGISTERING AN ACCOUNT, OR CONTINUING TO USE THE SERVICE, INCLUDING ALL COMMUNICATIONS, SUBMITTING/SUBSCRIBING CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREIN, YOU AGREE TO OUR PRIVACY POLICY AND THAT YOU HAVE READ IT AND AGREED, AND WOULD LIKE TO PROCEED. YOU MAY UN-CHECK IT IF YOU DO NOT AGREE.
 

2.1 You must register or log in to your YouCam Online Editor account before you can continue to purchase and use any API Service.

2.1.1 Account registration directly with Perfect. You are responsible for providing accurate, current and complete information for your Account. In any event you have made changes to your account information, you are advised to notify us on such change so as to allow us to update your profile information. You may never use another person's account without permission.

2.1.2 Account registration via a third party. You may register your Account by using a valid third-party account. The available third-party account options will be displayed on the registration page. By using the third-party account to register your Account, you are allowing Perfect to access your third-party account information as permitted under the applicable terms of services that govern your use of such third-party account.

2.2 General age limitation. Our Services are not intended for or directed at children. You must be at least of legal age in your country. If you are not of legal age, you may not access or use the Services. If you are under 13, you may use this Services only with involvement of a parent or guardian. Perfect and its affiliates reserve the right to refuse Service, terminate accounts, remove or edit content in their sole discretion.

2.3 Account maintenance. It is your responsibility to create a strong password; keep the password confidential and change the password if you believe it has been revealed to a third party. You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Perfect immediately of any unauthorized use of your Account or any other breach of security or at most within (24) twenty-four hours of such use being known to you. In the event that your username or password is lost or stolen, please notify Perfect immediately so that a new username or password can be created.

2.4 Opt-out right. You will be given an option on whether you want to receive promotional email, from us. You can also opt out from receiving interest-based advertising from us by making the necessary settings/adjustment on our opt-out page.

2.5 Inactive account deletion. To maintain security, limit data retention, and protect the privacy of our users, your Account and content associated with the same account will be deleted from our server after two (2) years of inactivity. Inactivity means your last login date is more than two (2) years.

2.6 Account suspension/termination. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of Services (or any portion thereof). Although Perfect will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Perfect or others due to such unauthorized use.
 

3.1 We will provide you with API keys for the purpose of accessing API. The API keys can only be used by authorized people. It is your own responsibility to maintain the security of the API keys. You shall be fully responsible for the use of every single API key associated with your Account and shall not transfer, rent, lend, disclose or leak the Key to any third party (including your affiliates) in any form. Perfect reserves the right to pursue legal actions against you or suspend your access to API when your use of API is unauthorized or causes damage to Perfect or violates the API Terms and Supplemental Terms. If your Account has been suspended, please contact our customer services: YouCamOnlineEditor_API@perfectcorp.com.

3.2 We make our best efforts to maintain 24/7 access to API except in the event of system maintenance or force majeure. You may refer to our service level agreement (SLA) via https://plugins-media.makeupar.com/pfweb/general/SERVICE LEVEL AGREEMENT.pdf. However, we do not guarantee the time for API to deliver computation result, it may be affected by the number of requests received or the speed and stability of network connection.

3.3 You may not be able to access API in certain geographic area due to local government’s restrictions.

3.4 Certain features of our Services may identify facial geometry in the photo upload in order to perform the function. Therefore, you shall be responsible for collecting consents from any person in the photo to agree Perfect to process the photo for them.

3.5 Certain types of content are made available through the Service:

3.5.1 "Perfect Content" as used in these API Terms means, collectively, the text, data, graphics, images, photos, video files, and other content and information made available through the Services, excluding User Submissions.

3.5.2 "User Submissions" as used in these API Terms means, collectively, the text, data, graphics, images, photos, audio, video and other types of content and information which users of Service share, send, post, upload and otherwise submit to Perfect through the Service, including without limitation in user created profile pages. Refer to Section 11.2 for more details with respect to your submissions.

3.5.3 "AI-generated Content" as used in these API Terms refers to the output generated by the Service based on User Submissions provided by your users. This includes, but is not limited to, text, data, graphics, images, photos, audio, video, and other types of content or information supported by the Service. Refer to Section 11.3 for more details with respect to content generated by the Service. We do not claim any ownership of the content generated when you use our Service.

3.5.4 PERFECT RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY PERFECT CONTENT, USER SUBMISSIONS, AND AI-GENERATED CONTENT FROM THE SERVICE.

3.6 Camera Module Usage Policy. The Service may include our camera module, which is designed solely to enable the capture of your downstream users’ photos for submission to, and processing by, Perfect’s services. You shall use the camera module only as expressly permitted under these API Terms, and shall not use the camera module to send any photo to any third-party service, system, or AI solution. Any misuse of the camera module may result in immediate suspension of your service and liability for related consequences.
 

4.1 We do not sell the Service to minors. You agree and acknowledge that the Service is provided to adults only, and you must be above the legal age in your country/jurisdiction. If you are under the legal age according to applicable laws, you must not use, access, purchase, or subscribe to the Service unless you have obtained prior legal consent from a parent or guardian. Perfect and its affiliates reserve the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders at their sole discretion.

4.2 Under the API Terms, credit card payment processing services and fulfillment of Service purchases are handled by authorized shopping cart vendors, such as Verifone. For further details on how your information is protected, stored, and used, please refer to the terms of service and privacy policies on the websites of these authorized vendors.

4.3 If you signed up for an auto-renewal of the subscription, you acknowledge that you are enrolling in an auto-renewing subscription, effective upon the expiration of each cycle of your chosen subscription. You agree to pay the applicable fee in effect at the time of renewal, corresponding to your selected subscription plan.

5.1 Use of Units. API service under YouCam Online Editor is charged using the units in your Account. Please note that units are consumable. Once units have been used in exchange for a specific API service, they cannot be reinstated or restored under any circumstances.

5.2 Types of Units. We offer various types of units for you to choose from:

5.2.1 Subscription units. Perfect will provide you with units each month based on the subscription plan you select. These units will stack up for 60 days in your Account as long as your subscription remains active. The number of units provided by Perfect may vary depending on your subscription plan.

5.2.2 "Pay as you go" units. "Pay as you go" units are valid for one (1) year from the date of purchase. The expiration date is displayed in the API tab on your profile page within the Service. Purchases of "pay as you go" units are final and non-refundable, except where otherwise explicitly stated.

5.2.3 Free units. Perfect may provide you with a certain number of free units upon registration with the Service or as part of promotional events organized by Perfect from time to time.
 

You can upgrade your subscription plan if your current plan is eligible. You'll need to follow the upgrade process and make the necessary upgrade charges. See examples below for an upgrade of plan.

Example 1: A user purchased a monthly subscription 100 units plan ($8.99) on March 1, 2025, and would like to upgrade to a monthly subscription 200 units plan ($14.99) on March 15, 2025.

* The user would receive 100 units upon upgrade (i.e. the difference of units between two plans). The next renewal date is April 15, 2025, and the user would be charged at the full price, i.e. $14.99.

Example 2: A user purchased a monthly subscription 100 units plan ($8.99) on March 1, 2025, and would like to upgrade to a yearly subscription 200 units plan ($59.99) on March 15, 2025.

* The user would receive 100 units upon upgrade (i.e. the difference of units between two plans). The next renewal date is March 15, 2026, and the user would be charged at the full price, i.e. $59.99.

In general, you are entitled to request a refund of subscription credits/units within 7 days after purchase. However, no refunds of “pay as you go” credits/units and free credits/units will be given for incorrect choice or change of mind unless at the sole discretion of Perfect. If you are entitled to a refund at law or Perfect elects to provide a refund, the payment will be processed according to the terms below:

7.1 If the subscription fee was paid via credit card or wire transfer, then refund of such fee minus restocking fee, administrative fee and taxes ("Refund") can only be processed back to you to that same credit card from which the payment originated.

7.2 For refund of the subscription units, the following rules apply:

7.2.1 Refund requested WITHIN 7 days after purchase: Refunds will be processed on a pro rata basis, with applicable transaction fees deducted. 

7.2.2 Refund requested AFTER 7 days after purchase: No refund.

7.3 Please allow Perfect up to sixty (60) days to confirm your payment and issue the Refund. You may find further details relating to the refund policy by our shopping vendor, please see Verifone's refund policy.
 

8.1 We hereby grant you a non-exclusive, non-transferable or non-sublicensable, time-limited, revocable license to use the products and technologies in this Service within the geographical scope of business. You understand and agree that any materials, software, data, etc., provided by us to you belong to us, and you have no right to disseminate, transfer, license, or provide these resources to others for use; otherwise, you shall bear corresponding responsibilities. We will retain all rights not explicitly granted to you.

8.2 If you use, transfer, sublicense, or lease any resources, technical support, or Services provided by us beyond the scope of our authorization (including transfer, sublicense, or lease to your affiliates); or applies for intellectual property registration, filing, or registration for our products and services without our prior consent, or modifies our products and services or develops new programs, technologies, or other derivative products based on our products and services to compete with us, we have the right to immediately suspend the Service, and you shall be solely borne by all losses and consequences thereby incurred, and we shall not bear any liability therefor. The aforementioned intellectual property rights that have been registered or applied for registration without consent shall belong to us.

8.3 The Service shall be used and accessed for lawful purposes only. You are reminded that if you provide as input on the platform, or receive as output from the platform, sensitive information involving personal information or confidential information when using the platform, you agree to abide by all applicable laws and regulations in connection with your use of the Service, including obtaining legal and valid consent from the affected individual.

8.4 You shall ensure that User Submissions that you upload, input, or publish on the platform or receive in the form of AI-generated Content when using the Service are compliant with all applicable laws and do not infringe the legal rights of any third party (including, but not limited to portrait right, copyright and the related or neighboring right of copyright, patent, trademark, right of reputation, right of honor, property right, rights in relation to personal information, confidential information, etc.)

8.5 To avoid ambiguity, you shall not refuse to pay service fees to us on the grounds that the expenses are not incurred by us. If your client application encounters abnormal access traffic or suffers from hacker attacks, such as network attacks from a third party and incurs expenses, you shall still pay the resulting expenses to us.

8.6 You agree that you must not, and must not permit or cause any third party to do, directly or indirectly, any of the following while using or accessing the Service:

(a) Circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Perfect Content or that enforce limitations on use of the Service or the Perfect Content therein;

(b) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;

(c) Use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;

(d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive, false or misleading source-identifying information;

(e) Upload, post, email, or otherwise transmit, via the Service, any User Submissions that are unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or are otherwise objectionable in the opinion of Perfect;

(f) Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Services users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Service;

(g) Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Service; interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Service, servers or networks connected to the Service or the technical delivery systems of Perfect's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(h) Attempt to probe, scan or test the vulnerability of the Service or any Perfect system or network or breach or impair or circumvent any security or authentication measures protecting the Service;

(i) Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, or attempt to do any of the foregoing;

(j) Collect or store personal data about other Users without their express permission;

(k) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud or harmful or potentially harmful deception;

(l) Use the Service in any manner not permitted by this Terms of Service;

(m) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;

(n) Harm or attempt to harm minors in any way;

(o) Stalk or otherwise harass another, or attempt to do the same;

(p) Use the Service in a way that harms, or could reasonably be expected to harm, us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Perfect parties"), or any customer of or supplier to a Perfect party; 

(q) Resell, redistribute, or sublicense the Service, or any part of the Service, on a standalone basis; provided, however, that this does not restrict your use of the API Service in the ordinary course of integration into your own software, products, or services.

(r) Use automated devices, manual processes, or scripts to copy or "scrape" Perfect Content for any purpose without Perfect's express written permission;

(s) Replicate the functionality of the Service or to create any effect similar to the effects by any means or to create any competing or potentially competing product or technology; or

(t) Use the Service (directly or indirectly) to create datasets to train neural networks or create templates for third party photo editing services.

8.7 You acknowledge that we generally do not pre-screen any User Submissions and AI-generated Content you make, except for certain functions, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions or AI-generated Content and/or rescind or terminate your use of the Service. 

8.8 You acknowledge and agree that we may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the API Terms; (iii) respond to claims that any information violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Perfect, its users, customers, suppliers, attendees and/or the public. 

8.9 You understand that the technical processing and transmission of the Service, the User Submissions, and AI-generated Content, including your personal information, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks, services or devices.
 

9.1 We may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. We, in our sole discretion and for our sole convenience, may immediately terminate or suspend your access to the Service and remove any material (including User Submissions and AI-generated Content) from the Service or our servers, in the event that you breach or threaten to breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. To the fullest extent permitted by law, Perfect is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION AND CONTENT (INCLUDING USER SUBMISSIONS AND AI-GENERATED CONTENT) THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Service is cancelled or suspended, any data you have stored in connection with the Service may not be retrieved later. Perfect will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

9.2 Any suspension, termination or cancellation will not affect your obligations to Perfect under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
 

10.1 When you use the Service, you may have access to services provided by third-party service providers. Terms related to your use of such third-party services will be defined in YouCam Online Editor Specific Terms.

10.2 In addition, the Service may contain links to third party websites that are not owned or controlled by Perfect. Perfect has no control over, and you agree that Perfect assumes no responsibility for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites. In addition, Perfect will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Perfect from any and all liability arising from your use of any third-party website. You further acknowledge and agree that Perfect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.
 

11.1 Content. Perfect and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service, Perfect Content and the trademarks, service marks and logos contained therein. Perfect reserves all rights not expressly granted in and to the Service and Perfect Content. You agree not to engage in the use, copying, distribution or modification of any of the Perfect Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Service for any commercial purposes.

11.2 User Submissions

11.2.1 License Grant.  Perfect does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Perfect, you hereby expressly grant Perfect a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on third party websites for all purposes including but not limiting to commercial use and purposes. Perfect will own all rights, title and interests in and to all derivative works and compilations of User Submissions that are created by or for Perfect, including all worldwide intellectual property rights therein. You expressly agree that Perfect shall have no obligation to pay any fees or royalties for the use of the User Submission or for any other rights granted hereunder.

11.2.2 Limitations. You acknowledge and agree that Perfect may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Service, the maximum size of any files that may be stored on or uploaded to the Service, and the maximum disk space that will be allotted to you for the storage of User Submissions on Perfect's servers. Perfect will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Submissions.

11.2.3  Perfect respects and protects the legitimate rights and interests of users and others. You are reminded that if you provide as Input on the platform, or receive as Output from the platform, sensitive information involving personal information or confidential information when using the platform, you should strictly comply with the applicable laws and regulations, including obtaining legal and valid consent from the affected individual.

11.2.4  Perfect has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written or otherwise communicated by users, including without limitation any information obtained by using the Service. Perfect does not endorse any User Submission or any statement, opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Perfect with respect thereto.

11.2.5 Copyright and other infringements. If you believe that any User Submission or other content infringes upon your rights, you may submit a notification e-mail to copyright@PerfectCorp.com.

11.3 AI-generated Content
Your use of the AI-generated content for commercial purposes is not restricted. However, you are aware and understand that the content generated by artificial intelligence cannot completely avoid the risk of infringement of intellectual property rights, especially when you and your downstream customers input content involving unauthorized texts, IPs, etc. Please carefully evaluate before using it for external commercial purposes. You need to ensure that you and your downstream customers conduct input and output legally and reasonably, and bear all consequences. If you cause losses to us and our affiliates, you shall bear the liability for compensation.
 

12.1 “Client Data” as used in these API Terms refers to any data, User Submissions, information, media, or other content submitted by you or your end users to YouCam Online Editor Platform, excluding any data provided to us or our affiliates as part of your Account.

12.2 You guarantee that all data you store or upload to YouCam Online Editor Platform, including all processing instructions provided to us (such as collection, storage, use, processing, transmission, provision, disclosure, and deletion) submitted to or processed via the YouCam Online Editor Platform in any manner has been lawfully collected, obtained, or generated. You further guarantee that you have not and will not, in any way, violate data protection laws or regulations, infringe upon the legal rights of any individual or entity, or use Client Data for any unlawful purposes. You also ensure compliance with all applicable laws and regulations in protecting the personal data of your end users, including issuing legally effective privacy notices to end users. You confirm that you have obtained and retained any required consent from end users for accessing, monitoring, using, disclosing, and authorizing us to process Client Data.

12.3 If Client Data includes personal information, you guarantee that you have obtained the consent of data subjects and have the right to transmit their personal information to us for data processing. If we improperly collect or process such data due to your failure to obtain adequate, complete authorization from the data subjects, we may, based on our reasonable judgment, to take immediate action, including but not limited to deleting relevant information and data, suspending services, or freezing or cancelling your Account, without liability.

12.4 Retention Schedule. Any User Submissions uploaded by you or your end users will be stored on our server for one (1) day and automatically deleted thereafter. AI-generated Content generated through the Service will be retained for thirty (30) days before being automatically removed.

12.5 You shall bear all consequences and liabilities arising from any non-compliance with laws or regulations related to the generation, collection, processing, or use of your data. We reserve the right to terminate all or part of the YouCam Online Editor Platform to you at any time as a result of such non-compliance. Any losses, liabilities, or expenses incurred by you as a result shall be your sole responsibility.
 

13.1 YOUR USE OF THE SERVICES, PERFECT CONTENT USER SUBMISSIONS AND AI-GENERATED CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, PERFECT CONTENT USER SUBMISSIONS, AI-GENERATED CONTENT, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, PERFECT CONTENT USER SUBMISSIONS, AND AI-GENERATED CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. PERFECT DISCLAIMS ANY WARRANTIES:

13.1.1 REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, PERFECT CONTENT, USER SUBMISSIONS, AI-GENERATED CONTENT OR ANY PORTION THEREOF;

13.1.2 THAT THE SERVICE, PERFECT CONTENT USER SUBMISSIONS, AND AI-GENERATED CONTENT WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR

13.1.3 IN CONNECTION WITH OR RESULTING FROM :

(a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, PERFECT CONTENT, USER SUBMISSIONS, AI-GENERATED CONTENT OR ANY PORTION THEREOF;

(b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

(c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;

(d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR

(e) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS AND AI-GENERATED CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERFECT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14.1 You agree to defend, indemnify and hold harmless Perfect (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Services therein; (b) your violation of any term of these Terms of Service; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. 

14.2 This indemnification obligation will survive the termination of these Terms of Service and your misuse of the Services herein.
 

15.1 IN NO EVENT SHALL PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

(a) YOUR ACCESS TO OR USE OF SERVICE OR ANY PORTION THEREOF,

(b) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS AND AI-GENERATED CONTENT),

(c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,

(d) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(e) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,

(f) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR,

(g) ANY ERRORS OR OMISSIONS OR INADVERTENT DAMAGE, CORRUPTION OR LOST IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER USER SUBMISSIONS, AI-GENERATED CONTENT OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN CASE PERFECT IS FOUND LIABLE BY A FINAL JUDGEMENT, DAMAGES ARE LIMITED TO THE MONTHLY REGISTRATION FEES FOR THE RELEVANT SERVICE(S) OR TO THE AVERAGE MONTHLY FEES FOR THE MOST SIMILAR SERVICE IN CASE OF A FREE SERVICE USER’S CLAIM.
 

16.1 The Service is owned, controlled and offered by Perfect in Taiwan. We make no representations that the Service is appropriate or available for use in other locations. 

16.2 Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

16.3 Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17.1 Perfect reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Service, or modify these Terms of Service without notice. All modified Terms of Services will be effective immediately after they are posted on the Service (unless a longer notice period is required by applicable law). 

17.2 If any modified Terms of Services are not acceptable to you, your sole remedy is to cease using Service, and if applicable, cancel your Account. By continuing to access or use Service after Perfect makes any such modification, you agree to be bound by the revised Terms of Service. 

17.3 To the fullest extent permitted by law, you also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of Service.

18.1 Claim Must Be Filed Within One Year. Any claim related to these Terms of Service must be filed within one year from the date the claim first arose. Claims not filed within this period will be permanently barred. This limitation applies to you and your permitted successors and assigns.

18.2 Jurisdiction. These Terms of Service shall be governed by and interpreted in accordance with the laws of Taiwan, without regard to its conflict-of-law principles.

18.3 Arbitration Agreement. You and Perfect irrevocably agree that any legal action or proceeding arising under or in connection with these Terms of Service shall be submitted to binding arbitration in Taipei, Taiwan. Arbitration will serve as the exclusive forum for resolving disputes under this agreement.

18.4 Class Action Waiver. YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU WAIVE THE RIGHT TO BRING CLAIMS IN COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

19.1 Entire Agreement. These Terms of Service together with applicable documents signed between Perfect and you constitute the entire agreement between Perfect and you with respect to the subject matter hereof.

19.2 Severability. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.3 Restrictions on Assignment. You may not assign these Terms of Service (by operation of law or otherwise) without the prior written consent of Perfect and any prohibited assignment will be null and void. Perfect may assign these Terms of Service or any rights hereunder without your consent.

19.4 Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms of Service (except for payment obligations) due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, acts of government, war, terrorism, labor strikes, supply shortages, or interruptions of utilities or telecommunications services. The affected party shall notify the other party as soon as practicable and make reasonable efforts to resume performance as promptly as possible.

19.5 No Third-Party Beneficiaries. You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Perfect's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Perfect.

19.6 No Waiver. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of Perfect, by an authorized officer).

19.7 Notices and Communications. Any notice or other communication to be given hereunder will be in writing and given (a) by Perfect via email (in each case to the address that you provide), (b) a notice on the Service, or (c) by you via email to contact appsupport@perfectcorp.com or to such other addresses as Perfect may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.