TERMS OF USE

1. Introduction

Thanks for choosing HanKio ("HanKio," "we," "us," "our"). HanKio provides a variety of tools enabling users to study and work effectively with regard to the Chinese language, as well as other products and services that may be developed from time to time. By accessing and using any of these HanKio services, including all associated features and functionalities, websites and mobile applications, as well as all contents associated with our services (collectively, "HanKio Service", or "Service"), or accessing any articles, music, videos or other content or material that is made available through the Service (the "Content"), you are agreeing to the Terms. If you do not agree to these Terms, you must not access or use the Service.

HanKio reserves the right to change, modify, add or remove any portions of these Terms, at any time. It is your responsibility to check these Terms of Use periodically for changes.

By using the Service, you affirm that you are 18 years or older. If you are under the age of 18, you may only use our Service with the consent of your parent or legal guardian.

If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) "you" and "your" in these Terms will refer to both you and that entity.

Additionally, you represent that any registration and account information that you submit to HanKio is true, accurate, and complete, and shall continue to be true, accurate and complete for the duration of your use of the Service.

2. Using the Service

Access to the Service Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable permission to access and use the Service for business or personal use. HanKio reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account.

Restrictions on Use of the Service You shall not yourself or through any third party:

1. rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms);
2. copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof;
3. access the Service for purposes of performance benchmarking;
4. access the Service for purposes of building or marketing a competitive product;
5. use the Service to store or transmit a virus or malicious code;
6. use a virtual private network (VPN) to circumvent geographic-based pricing or content access;
7. use the Service to transmit unsolicited emails or engage in spamming;
8. use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or
9. bypass the measures we may use to prevent or restrict access to the Service

User Content HanKio users may post, upload, or otherwise contribute content to the Service (which may include, for example, Chinese paragraphs or articles, pictures, text, messages, information, and/or other types of content) ("User Content"). You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. You grant HanKio a royalty-free and sublicensable permission to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you. To the extent you include User Content in articles or materials that you've shared with others, you grant HanKio a perpetual, royalty-free, sublicensable, license to display, host, copy, store and use your User Content to the extent necessary to continue to make that articles or materials available.

3. Billing

HanKio offers both free and paid Service. You can learn more about HanKio's various subscription offerings on HanKio's websites and/or mobile applications. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.

By initiating a transaction with us to access the paid Service, you represent and warrant that you are 18 years or older, and have the legal right to use the payment means selected by you.

Subscriptions and Renewals If you are subscribing to HanKio's paid services, you can sign up for either a monthly or annual subscription, subject to availability as offered by HanKio. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.

Cancellation You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.

Free Trials and Pilot HanKio may offer you a free trial or pilot to allow you to try our Service. We reserve the right to set eligibility requirements and the duration for free trials and pilots.

Changes to Pricing HanKio reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

4. Service delivery

We strive to keep the Service operational. However, the availability and delivery of the Service and the Content offered through the Service may change, without liability to you. For instance, the Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to comply with changes in relevant legal and regulatory requirements. We also aim to improve the Service constantly, and may therefore modify, suspend, or terminate the provision of all or part of the Service.

To the extent permitted by applicable law, your sole remedy with respect to any Service you purchased that is not delivered within a reasonable period will be either a credit or refund of the purchase price that you paid for such Service, which we may determine within our reasonable discretion.

HanKio has no liability to you, nor any obligation to provide a refund to you, for the failure or delay in the delivery of a Service that is associated with an internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

5. Third Party content and sites

The Service may contain, link to or incorporate third party websites, dictionaries, software applications, other services and certain digital communications and content made available by third parties (collectively, "Third-Party Services"), that are not owned, controlled or operated by us.

HanKio is not responsible for the quality, performance or delivery of Third-Party Services, and does not assume any liability arising from your use or exploitation of the Third-Party Services. We do necessarily review or monitor any Third-Party Services. The availability of Third-Party Services on the Service does not imply our endorsement of, or affiliation with, such Third-Party Services, or its providers.

7. Privacy Policy

Your personal privacy and data privacy is important to us. In the course of your use of the Service, we may ask you to provide certain personalized information about you to us. Our information collection and use policies with respect to the privacy of such information are set forth in our Privacy Policy. You are solely responsible for the accuracy and content of such personalized information that you provide to us.

8. Disclaimers and limits of liability

All of our Service and Content are provided "as is", except to the extent, if at all, set forth in a written license or sale agreement separately entered into between you and HanKio or our supplier or licensor.

We make no guarantee that the Service, Content will be free of defect or error, safe, secure, or function without delays, imperfections, or disruptions. To the extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose.

We do not warrant that the Service will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made in these Terms.

Our liability to you arising from your use of the Service or Content shall be limited to the fullest extent permitted by applicable law. In no event will HanKio, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for (i) any indirect, special, incidental, punitive, exemplary, or consequential damages or (ii) any loss of use, data, business or profits, whether direct or direct, arising out of, or in connection with your use of the Service or Content, regardless of legal theory, and without regard to whether HanKio has been warned of, or knows about the possibility of such damages.

9. Assignment

You may not transfer, assign, sublicense, or delegate any right or duty under these Terms of Use to another entity or person without the express written consent of HanKio. Any such transfer, assignment, sublicense or delegation without consent will be null and void.

10. Governing Law

These Terms of Use shall be governed by and construed in accordance with United States law. Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore and the language of the arbitration shall be English.