Terms of Service for Taiwan Mobile's MyMoji Service

Taiwan Mobile Co., Ltd. (referred to as "the Company") offers the MyMoji service (referred to as "the Service") to its users and the general public (referred to as "Users") under the following terms (referred to as "these Terms"). Users are required to carefully read and understand the specific provisions outlined in these Terms in order to use the Service and safeguard their rights. By utilizing the Service, Users are considered to have read, comprehended, and agreed to abide by these Terms. In the event of any modifications or changes to these Terms, Users who continue using the Service are considered to have read, understood, and agreed to comply with the updated or revised Terms. If a User is a minor, in addition to adhering to the aforementioned provisions, the User's parent(s) or guardian(s) must also read, understand, and consent to comply with all the contents of these Terms before the User can use or continue to use the Service. When a User continues to use the Service after modifications or changes have been made to these Terms, it also indicates that the User's parent(s) or guardian(s) have read, understood, and agreed to comply with the modified or changed Terms.

1. Service Content:

The Company provides MyMoji AR video and image sticker creation services on its mobile website and platform. Users need to install the necessary computer software or App for the Service and bind it to their membership account in order to pay for and shoot their own 3D data in the Taiwan region, which can then be used personally on their own computers, the Company's designated mobile phones, or other supported devices for personal use.

2. Device, Fees, and Payment for the Service:

When applying for or using the service, users are required to provide their own equipment and devices (specifically applicable to phone models, please refer to the MyMoji official website for details) and adhere to the terms and conditions or instructions of the service. Additionally, users are responsible for paying the transmission fees, information usage fees, and any other associated fees incurred while using the service within the specified timeframe set by the company.

The availability of the service is dependent on the compatibility of the SIM/USIM card or network, content format, and the device/vehicle used by the user. By agreeing to these terms and using the service, additional transmission fees will be incurred (including but not limited to browsing, downloading, and installation fees), and these fees will be calculated based on the actual rate selected by the user. If the service is used abroad, international roaming rates will apply. For more information about rates, please dial 188 on your mobile phone to contact customer service.

The content available through the service may change over time, such as when terms from device/vehicle developers/sellers change, which may cause the content provided by the company to become inconsistent. Content that was previously available for the user in the service (including access records) may no longer be available in the future.

The user must pay information usage fees while using the service, and payment will be made through a credit card/Taiwan Mobile telecom bill or a third-party platform (Apple, Google). The billing method varies depending on the service function, so please refer to the billing and payment methods for each product.

3. Service Usage Notes:

The user agrees and understands that, in addition to providing their own equipment for accessing the internet, the 3D data of the user that is obtained through the service must be uploaded and accessed using the designated phone or device supported by the service.

The user is responsible for the content they upload or make public, including but not limited to text, images, or audio files, and should ensure the legality of such content. The company is not obligated to monitor the user-provided content or assume any liability for it. However, the company reserves the right to delete any uploaded information from the user without incurring liability for damages.

When you use our service, you agree that we may use the information we collect to develop, test, and improve our products, including adjusting 3D human models and testing and troubleshooting new features. MyMoji may retain data, including but not limited to 3D human models and body measurements, that cannot identify specific individuals. By using our service, you agree to upload 3D model image content to the cloud space maintained by MyMoji service. Please ensure that you possess the necessary rights and that the content does not violate any laws. You may not post photos or other content that contains violence, nudity, partial nudity, discrimination, illegal content, infringement, hatred, pornography, or sexual implications through this service.

4. Notes for Creating LINE Stickers:

By submitting the creation of LINE stickers, the user agrees to the following terms:
  1. The user agrees to apply for the sale of the sticker set through MyMoji account provided by the company.
  2. Users who apply for the sale of sticker sets through this application will not receive any revenue sharing.
  3. Purchasing stickers on the LINE Sticker Market/LINE Store is handled by LINE's payment services, and the company is not responsible for any payment-related issues.
  4. Once the user submits the creation of stickers, the MyMoji 3D modeling fee cannot be refunded or cancelled.
  5. The user understands that the stickers will be reviewed and judged by Line based on the "Sticker Review Guidelines" posted on https://creator.line.me/en/review_guideline/. The company is not responsible for any decisions made by LINE regarding the suitability of the stickers.
  6. If the stickers submitted for review are deemed to contain inappropriate content by LINE, the MyMoji 3D modeling fee cannot be refunded or canceled. The company will notify the user, who will have the opportunity to create one LINE sticker again for free and also have their personal 3D model remodeled once for free.
  7. MyMoji 3D models are intended for use exclusively within the MyMoji app, including any additional services provided by MyMoji.

5. When the user submits a GIF sticker for production, they agree to the following terms:

  1. Users can create GIF stickers through this service, and the billing method varies based on the number of stickers created. Please refer to the billing and payment page for relevant instructions.
  2. GIF stickers are intangible digital content or online services that are considered completed upon provision and are only provided with the user's prior consent. Fees are non-refundable and cannot be cancelled.
  3. If the GIF sticker submitted for production is deemed to contain illegal or inappropriate content by the company or does not meet the review standards (including but not limited to specifications, resolution, etc.), the fee is non-refundable and cannot be cancelled. The company will notify the user, and the user can create a GIF sticker for free one more time.
  4. The user agrees that the use of the submitted Gif stickers is still subject to the user's agreement to use any data or information generated by using this service. Other provisions of this agreement still apply.
  5. The user understands that the following situations may render the created Gif stickers unusable and that the company shall not be responsible to the user or any third party:
    1. The company discontinues the provision of this service, or the user's account is closed or terminated.
    2. Due to updates to this service or device carriers.
    3. The company provides free Gif stickers created by the user.
    4. The original licensor of the GIF stickers stops licensing the content.

6. Protection of Intellectual Property Rights:

The intellectual property rights of the products, software or programs, and all contents on the website provided or used by the Service, including but not limited to electronic pictures, audio and video, files, information, data, website architecture, website design, etc. (hereinafter referred to as the "Service Content"), are owned by the Company or its legitimate right holders, including but not limited to copyrights, patents, trademarks, trade secrets, and proprietary technology. Without prior written authorization from the Company and the right holders, Users are prohibited from editing, reproducing, publicly broadcasting, publicly transmitting, publicly performing, adapting, distributing, publishing, selling, trading, reselling, sublicensing, linking, reverse engineering, decompiling, creating derivative works, or engaging in any other use of the Service Content. Users are also not allowed to claim any rights in relation to the Service Content. If there is any violation, the User will be held fully responsible for all legal obligations and liable for damages incurred by the Company and other right holders.

The software or program used in this service, including anti-piracy measures, must not be cracked or replicated by users without authorization. Users are also prohibited from promoting this software by placing advertisements or engaging in any activities that may constitute infringement, such as inciting, enticing, or persuading the public to use the software.

We respect the intellectual property rights of others. If a user's use of the service infringes on the rights of others, we will protect the copyright in accordance with the "Taiwan Mobile Copyright Protection Measures" and address any copyright infringement issues.

7. User Data and Privacy Protection:

Users must provide complete, accurate, and truthful personal information in accordance with the requirements of this service. If the information provided during registration changes, users should update it online in accordance with the company's regulations.

If the personal information provided by users is false or has not been updated when changes occur, or if the personal information provided is in violation of or undermines the purpose of the company's services, or if there is any potential for misleading information, the company reserves the right to reject or terminate the user's use of all or part of this service at any time.

Regarding the personal information registered or retained by users, unless otherwise stipulated in these terms, with the user's consent, or as required by other legal provisions, the company will never disclose it to any third party.

The user agrees that the Company, affiliated companies or partners may collect, process, store, transmit and use the personal information provided by the user for reasonable purposes, such as providing user data statistics, conducting investigations and research on online behavior, providing promotional messages, or for any lawful use.

When the user uses the service and the software provided by the service, the relevant usage record data of the user will be automatically returned to the Company, and the Company may collect, process, and store such data within a reasonable scope for the purpose of improving the service.

Due to the characteristics of mobile networks/Internet, the detailed agreements on the use and protection of user data shall be governed by the privacy policy posted on the Company's website, and the user agrees to comply with it.

8. User Responsibilities and Obligations:

In using this service, users must comply with relevant laws and regulations of the Republic of China, all international Internet/mobile network regulations and conventions, as well as the provisions of these terms and conditions. Users shall not engage in the following behaviors:
  1. Damaging the reputation or privacy of others;
  2. Infringing upon the trade secrets, trademark rights, copyright, patent rights or other rights of others;
  3. Violating their confidentiality obligations under laws or contracts; impersonating others or spreading false information;
  4. Transmitting obscene, indecent or other speech or information that violates public decency; transmitting or disseminating computer viruses;
  5. Using this service to engage in illegal transactional activities; unauthorized copying and resale or reproduction of others' information;
  6. Extracting information that has not been officially opened or authorized by the owner;
  7. Other uses of this service for any behaviors that violate consumer protection laws, fair trade laws or other legal provisions.

If the user's behavior involves illegal activities, in addition to bearing the relevant legal responsibilities, our company will actively cooperate with judicial or relevant authorities in investigating and handling the case.

If the user violates these terms or related laws, or engages in illegal or inappropriate activities that infringe on the rights of others, causing damage or incurring expenses to our company or related enterprises, employees, agents, or other related assistants (including but not limited to litigation costs and attorney fees incurred in civil, criminal, and administrative proceedings), the user shall bear the responsibility of compensation for the damages.

The user agrees that the ownership, intellectual property rights, and derivative rights of any data messages generated from the use of this service (inclu ding but not limited to LINE stickers) belong to the company. The company shall have the right to exercise all rights including but not limited to publicly distributing, transmitting, broadcasting, showing, publishing, reproducing, modifying, editing, using, adapting, transferring, reproducing, reselling, deleting, creating derivative works and distributing such content, and to merge such content in any form, media or technology currently known or to be developed in the world. In addition, the personal information obtained by this service is voluntarily provided by the user, and the user guarantees not to exercise any moral rights of authorship in all such content. The company shall not pay any compensation to the user who provides such data messages, and has the right to use such data messages for any commercial or other purposes without providing compensation or assuming any obligations to the user.

9. Suspension or Termination of Service:

In the event of any of the following circumstances, the Company may suspend or terminate the provision of the Service without prior notice, and shall not be liable for any legal responsibility arising therefrom, whether it causes inconvenience or damage to the User or any third party:
  1. Necessary maintenance and construction of electronic communication equipment;
  2. Sudden failure of electronic communication equipment;
  3. The electronic communication service applied for is suspended for any reason and the service cannot be provided;
  4. Inability to provide the Service due to force majeure such as natural disasters.

Based on the characteristics of mobile networks/internet, users understand and agree that when using this service, they should take their own protective measures. In the event of a failure, malfunction, or operational error of the network system software and hardware equipment of the Company, its affiliated factories or related telecommunication service providers, or if data transmission or storage errors occur, or if the system is invaded by third parties resulting in tampering or falsification of data, the Company shall not be liable for any compensation.

In the event of a violation of these terms or related laws or other improper use by the user, the Company may restrict or terminate the user's right to use this service without notice, and the user may not claim compensation or damages as a result.

10. Risk Acceptance:

The user acknowledges and agrees that the use of this service and any software provided by the service is based on the user's personal choice and that the user assumes all risks associated with it, including but not limited to damage to their mobile device or loss of data caused by downloading images or data from this service or obtaining data from software provided by this service.

11. Disclaimer of Warranty:

The company does not provide any express or implied warranty for any software or other service provided by this service, nor does it guarantee the stability, security, correctness, or uninterrupted operation of any software provided by this service.

The company does not guarantee that the results of using any software provided by this service or the information obtained through such software meets the user's expectations, nor does it guarantee that the user will not be exposed to inappropriate content as a result.

12. Limitation of Liability for Damages:

In the event that the user is unable to use this service and incurs any direct, indirect, consequential or special damages, etc., this company shall not be held responsible for any compensation. If this company is required to bear liability for damages to the user due to this service, it shall only be liable within the scope of the consideration paid by the user. However, if the aforementioned limitation of liability for damages is prohibited by law, the limitation provisions shall not apply.

13. Special Agreements:

The user agrees not to harm, infringe upon, defame, or attack this company, its responsible persons, employees, consultants, related enterprises, advertisers, and related cooperative partners in any way.

14. Links:

The links provided by our company on the relevant pages of this service may direct users to websites of other individuals, companies, or organizations. These links are provided for users' convenience to access additional information. Our company does not guarantee the authenticity, completeness, timeliness, or reliability of the products, services, and information provided on those linked websites by individuals, companies, or organizations. Furthermore, these individuals, companies, or organizations are not employed, appointed, or affiliated with our company in any way, nor do they have any agency, partnership, or similar relationship with us.

15. Deletion or Modification of these Terms of Service and the Service and Its Effectiveness:

Our company reserves the right to add, modify, or delete these terms of service, suspend or terminate all or part of this service at any time. Any revised content will take effect upon announcement on the company's website without separate notice. Users are not entitled to demand compensation or damages as a result of these changes.

If any provision of these terms or the service is found to be invalid, it will not affect the effectiveness of the other provisions or the service.

16. Users who click "Agree" or "Accept" to these terms:

If a user clicks "Agree" or "Accept" on the service web page, it signifies their willingness to be bound by all the terms of the service. The user or the user's parent (legal guardian) acknowledges that the effectiveness of these terms of service cannot be disputed based on the user or the user's parent (legal guardian) not having physically signed them or for any other reasons.

17.Applicable law and jurisdiction:

The user agrees that the interpretation and effectiveness of these terms of service shall be governed by the laws of the Republic of China (Taiwan). In case of any dispute arising from the use of this service, both the user and the company agree to submit to the jurisdiction of the Taipei District Court in Taiwan as the court of first instance.