本条款及细则适用于移动设备上的 NeoAether 应用,以及由刘志宏 (ZHIHONG LIU) 运营的任何相关服务(统称“应用”)。刘志宏 (ZHIHONG LIU) 在此被称为“服务提供商”。
下载或使用本应用程序即表示您同意这些条款和条件。请在使用本应用程序前仔细阅读这些条款和条件。
在您遵守本条款的前提下,服务提供商授予您一项有限的、非独占的、不可转让的、可撤销的许可,允许您在移动设备上安装和使用本应用程序,用于个人或内部业务用途。除适用法律明确允许的情况外,您不得复制、分发、修改、创建衍生作品、反向工程、反编译或反汇编本应用程序。
知识产权
服务提供商保留对应用程序的所有知识产权,包括其代码、设计、商标、服务标志、商号、徽标和品牌标识(以下简称“知识产权”)。本条款中的任何内容均不授予您任何使用服务提供商商标、徽标或品牌标识的许可或权利。您同意不移除、更改或遮蔽应用程序中显示的任何版权、商标或其他所有权声明。
终止
如果您严重违反本条款,服务提供商有权暂停您对应用程序或服务的访问。服务提供商将以书面形式通知您违约情况,如果违约行为可以补救,您将有自收到通知之日起 14 天的时间来补救违约行为。如果您未能在该期限内补救违约行为,服务提供商有权终止您的访问权限。
如果您违反适用法律、侵犯知识产权或从事可能对其他用户或服务提供商造成损害的活动,服务提供商可能会立即暂停或终止您的访问权限,恕不另行通知。
终止后,您使用该应用程序的权利将终止,您必须从您的设备中删除所有副本。
访问和使用本应用程序,即表示您声明您所在司法管辖区允许您合法使用本应用程序。您必须年满16周岁(您所在司法管辖区的法定数字同意年龄)才能使用本应用程序。如果您未满16周岁,则必须由您的父母或法定监护人代表您审阅并接受本条款。
未经授权,严禁复制、修改本应用程序、本应用程序的任何部分或服务提供商的商标。任何试图提取本应用程序源代码、将本应用程序翻译成其他语言或创建衍生版本的行为均不被允许。与本应用程序相关的所有商标、版权、数据库权利和其他知识产权均归服务提供商所有。
用户生成内容和可接受的使用
如果本应用程序允许用户发布、分享或上传内容,您同意不发布以下内容:
- 是否违法或侵犯第三方知识产权(版权、商标权、专利权)
- 属于辱骂、威胁、骚扰、诽谤或仇恨言论
- 包含歧视或煽动暴力或非法活动的内容
- 是垃圾邮件、网络钓鱼邮件还是包含恶意软件?
- 侵犯他人的隐私权或个人数据权
- Is misleading, false, or deceptive
- Contains explicit violence or sexual content (unless age-gated appropriately)
The Service Provider reserves the right to:
- Remove or disable access to content that violates these guidelines
- Suspend or terminate accounts of users who repeatedly violate these guidelines
- Cooperate with law enforcement if illegal content is reported
- Moderate, filter, or hide content that violates these Terms, applicable law, or the guidelines set out above
Content submitted through the Application may be visible to other users or to the public, depending on how the Application functions.
If you believe content violates these Terms, infringes your rights, or is unlawful, you may report it to the Service Provider at starcodehero@gmail,com. The report should include enough information for the Service Provider to identify the content, evaluate the complaint, and contact you if follow-up is required.
Where the Application provides such features, you may also report content, block other users, or mute notifications directly through the Application's interface. The Service Provider will review in-app reports with the same standards described in these Terms.
The Service Provider may review reported content, request additional information where necessary, remove or restrict access to content, and take action against the responsible account where appropriate. Users affected by moderation decisions may contact the Service Provider at starcodehero@gmail,com to request further review. The Service Provider will respond to appeals within a reasonable period and provide the reasons for any upheld moderation decision, subject to applicable law.
By submitting User-Generated Content you grant the Service Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Application and the Service Provider's business. This license does not grant the Service Provider the right to sell or sublicense your content to third parties independently of the Application. You represent and warrant that you own or control all rights in the content you post and that use of the content does not violate these Terms or applicable law.
Your content may include personal data. Processing of personal data related to User-Generated Content is governed by the Privacy Policy. Do not post personal data of others without their consent.
The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.
The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone's security features, and may result in the Application not functioning correctly or at all.
Please note that the Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:
Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.
If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.
Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.
Nothing in these Terms shall limit any rights you have under applicable consumer protection laws that cannot be lawfully excluded.
Limitation of LiabilityTo the fullest extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, even if advised of the possibility of such damages.
However, the Service Provider retains full liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited under applicable law
To the fullest extent permitted by law, the total liability of the Service Provider for any claim shall not exceed the amount paid by you to the Service Provider for the Application in the 12 months preceding the claim, or the minimum amount that must be paid under applicable law, whichever is greater. If the Application is provided free of charge, this means the Service Provider's liability is limited to the minimum amount permitted by applicable law.
The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on third-party information provided through this Application, or for inaccuracies in content provided by third parties.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Service Provider, its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or directly related to your breach of these Terms or your intentional misuse of the Application, including User-Generated Content you submit in violation of these Terms.
This indemnification does not apply to claims arising from the Service Provider's own negligence, breach of these Terms, or violation of applicable law. In jurisdictions where consumer indemnification is restricted by law, this clause shall be limited to the maximum extent permitted.
The Application incorporates Artificial Intelligence (AI) technologies to provide certain features or services. By using the Application, you acknowledge and agree that AI may be used to process data and deliver functionalities. The Service Provider ensures that all AI usage complies with applicable laws and is designed to benefit the user experience.
The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. You should accept updates when offered; if you choose not to, the Service Provider may cease to support earlier versions and the Application may not function properly. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the jurisdiction in which the Service Provider is established, excluding conflict of law rules, except to the extent mandatory consumer protection laws provide otherwise.
Any dispute arising out of or relating to these Terms will be brought before the courts that have jurisdiction under applicable law. Nothing in this clause limits any rights you may have to bring a claim in a court that is competent under mandatory law.
DSA Compliance (Digital Services Act)
If the Application is an intermediary service as defined under the Digital Services Act (Regulation (EU) 2022/2065, "DSA"), the following provisions apply in addition to the terms above.
Point of Contact: The Service Provider maintains a single point of contact for direct communication with EU authorities and recipients of the service, reachable at starcodehero@gmail,com. Where the Service Provider is established outside the European Union, a legal representative in the EU has been designated in accordance with Article 13 of the DSA.
Content Moderation and Statement of Reasons: When the Service Provider restricts access to content, suspends or terminates an account, or otherwise limits the availability of the Application's features, a clear and specific statement of reasons will be provided to the affected user. The statement will include the nature of the restriction, the legal or contractual basis for the decision, and information on available redress mechanisms, in accordance with Article 17 of the DSA.
Notice and Action: Users and third parties may submit notices of allegedly illegal content through the contact details provided in these Terms. The Service Provider will process notices promptly, diligently, and without automated decision-making where the circumstances require human review. Notices will be acknowledged electronically and a decision communicated without undue delay, in accordance with Article 16 of the DSA.
Out-of-Court Dispute Settlement: Disputes regarding content moderation decisions, including decisions to restrict content or suspend accounts, may be submitted to an out-of-court dispute settlement body certified in accordance with Article 21 of the DSA. The Service Provider will engage with such bodies in good faith. Use of out-of-court dispute settlement does not affect your right to seek judicial remedy under applicable law.
Transparency Reporting: The Service Provider publishes periodic transparency reports covering content moderation activities, including the volume of notices received, actions taken, and automated means used, in accordance with Article 24 of the DSA. Reports are made available upon request at starcodehero@gmail,com.
这些DSA条款适用于应用程序符合DSA规定的中介服务条件的情况,并且不取代或限制适用消费者保护或数据保护法律下的任何权利或义务。
可分割性
如果这些条款和条件中的任何条款被有管辖权的法院认定为无效、非法或不可执行,则该条款应在必要范围内进行修改,使其有效且可执行,而这些条款的其余条款应继续完全有效。
完整协议
这些条款和条件,连同隐私政策,构成您与服务提供商之间关于您使用本应用程序的完整协议,取代任何先前的协议或谅解。
这些条款和条件的变更
服务提供商可能会定期更新其条款和条件。因此,建议您定期查看此页面以了解任何变更。服务提供商将通过在此页面上发布新的条款和条件来通知您任何变更。
这些条款和条件的先前版本将予以保留,并可应要求通过联系服务提供商 starcodehero@gmail.com 获取。
这些条款和条件自2026年6月7日起生效。
联系我们
如果您对条款和条件有任何疑问或建议,请随时通过 starcodehero@gmail.com 联系服务提供商。