Last Modified: 1 April 2025
Important: Before you use Kumoo (as defined below), we advise you to carefully read and make sure you understand the provisions of this Kumoo Service Agreement (this "Agreement"), especially those Sections that are underlined and in bold, which might exclude or limit our liabilities or highlight your obligations. KUMOO IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the "Minors") and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18 (or such other age as required by law), you must have permission from your legal guardian before you are permitted to use Kumoo. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Kumoo immediately. If you have any questions regarding Kumoo or wish to provide feedback (including, but not limited to, suggestions and complaints) to us, you can contact us via email at support@kumooai.com (please quote "Kumoo" in your email title).
For the purpose of this Agreement, the term "affiliates" shall mean any entity which directly or indirectly controls, is controlled by, or is under common control with Xiamen Meitu Technology Co., Ltd. For the purpose of the foregoing, "control" shall mean (i) the direct or indirect ownership of more than 50 per cent of the outstanding voting securities or capital stock of such entity or other comparable equity or ownership interest, or (ii) the control of management decisions and economic interests of the entity by way of contractual arrangements.
Although we are not obligated to monitor access to or use of Kumoo or to review or edit any User Content, we have the right to do so for the purpose of operating Kumoo, to ensure compliance with this Agreement and to comply with applicable law or other legal and regulatory requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole and absolute discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conducts that affect the operation of Kumoo.
If you violate this Agreement, you agree that we may, at our sole and absolute discretion or as required by applicable law, rules, regulations and policies, and without notice to you, take any action deemed appropriate by us, including, without limitation: (i) removing any offending User Content; (ii) suspending or terminating your access to and use of Kumoo, (iii) ceasing to provide you with any services related to Kumoo, and (iv) taking measures to restrict your access to your account.
Definitions. For purposes of this Agreement: (i)"Content" means text, audio, photos, images, videos, graphs, and other information, materials or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Kumoo; (ii) "Our Content" means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Kumoo (including you) through Kumoo by us, including, without limitation, product features built into Kumoo such as filters, fonts, text, special effects, stickers, borders, backgrounds and music templates; and (iii)"User Content" means any Content uploaded or provided by users of Kumoo and to be made available through Kumoo, but excluding any of Our Content (or derivatives thereof).
We are entitled to charge fees for certain premium contents or features (if any) such as filters, templates, stickers, advertisement privileges and other virtual goods that you may use with Kumoo (collectively, the "Virtual Goods") via our subscription service (the "Subscription Service"). Subscription period will depend on the type of subscription that you choose when you sign up for the service (the "Subscription Period").You agree that the Virtual Goods are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.
You agree that any Virtual Goods purchased or Subscription Service and membership subscribed by you through the App downloaded from one app store (such as Microsoft Store or App Store) cannot be recognized and used on the same App downloaded from another app store, and vice versa. This means that, you will not be able to transfer or carry over any Virtual Goods or Subscription Service or membership that you have purchased or subscribed for, between the same App if downloaded from different app stores.
Subscription Service. Subject to the terms and conditions of this Agreement, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use Kumoo under Subscription Service for commercial purpose as a digital reproduction ONLY on websites, online advertisements, social media, mobile applications, software, e-publications (such as e-book, e-magazine, blogs), email marketing, audio-visual productions (film, video, television series) and online media (such as video-sharing services). For the avoidance of doubt, you are NOT granted any right to use and/or incorporate any other Virtual Goods in physical form, including but not limited to as part of merchandise, product packaging and labelling, letterhead and business cards, in the advertising and copy of tangible media, including but not limited to magazines, newspapers, and books.
Artificial Intelligence (AI) Features. You acknowledge and agree that AI-generated content may not always be accurate, appropriate, or free from errors. We are not responsible for any consequences stemming from the use or reliance on such content. Any such use, whether commercial or private, by you is at your risk. We make no representations or warranties of any kind regarding your use of the said Content for any purpose. Please refer to the AI Terms of Use set forth in Addendum 1 of these Terms of Services for the terms and conditions governing your use of AI features.
We do our best to moderate the settings of our AI features, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at support@kumooai.com if you find any of the content to be offensive or inappropriate to you, we will promptly take action.
Ownership of Virtual Goods. You acknowledge that you do not own the Virtual Goods but instead, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use them for personal use in accordance with the terms of this Agreement and only within Kumoo.
Use of Virtual Goods. You are only allowed to obtain the Virtual Goods from us through using Kumoo, and not in any other way. You may not:
Subject to our compliance with applicable laws, rules, regulations and policies, we may at any time control, regulate, change or remove any Virtual Goods without any liability to you; and/or revise the pricing for the Virtual Goods.
By purchasing and/or using the Virtual Goods and our Subscription Service, you confirm that you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the "Additional VG Terms").
We may from time to time at our sole and absolute discretion update this Agreement and/or the Additional VG Terms without providing any notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediately cease your use of the Virtual Goods or Subscription Service.
We may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and without notice, at our sole and absolute discretion, including, without limitation, making adjustments/improvements to our Subscription Service or the Virtual Goods based on our product planning and the country or area you are in.
Refund. To the extent permitted by the applicable laws, payments are non-refundable and we do not provide refunds or credits for any partial Subscription Periods or Virtual Goods or unused Kumoo content. Please submit the refund request by emailing us at support@kumooai.com (please quote "Kumoo" in your email title). We will access the request of refund on a case by case basis.
Passwords and Account Access. If you create an account in Kumoo, you are responsible for any activity that occurs through such account. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over Kumoo ready devices that are used to access the service and not reveal the password associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us and our partners from identity theft or other fraudulent activity.
Content Ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to Our Content and all associated intellectual property rights. You acknowledge that Kumoo and Our Content are protected by copyright, trademark. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Kumoo or Our Content. For greater certainty, if you incorporate any of Our Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights, title and ownership to Our Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through Kumoo, you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating Meitu and providing services to you and to other users of Kumoo, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote Kumoo. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that we and our sub-licensees are allowed to use them to the extent indicated in this Agreement.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Kumoo, nor any use of your User Content by us on or through Kumoo will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.
Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on Kumoo or outside of Kumoo. In addition, User Content you delete may persist for a limited period of time in backup copies. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on your device. Further, where your User Content is publicly available (such as those you shared to any other third-party platforms), you acknowledge that we cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and we have no responsibility in this regard. You agree that, to the maximum extent permitted under applicable laws, you will not have any claims against us arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Although we have no obligation to screen, edit or monitor User Content, we shall also have the right to delete or remove any User Content in our sole and absolute discretion and without notice to you.
Rights in Content Granted by us. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 of this Agreement with respect to Virtual Goods, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of Kumoo.
Subject to your compliance with this Agreement, we grant you a limited royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of Kumoo on a mobile device or computer that you own or control and to run such copy of Kumoo solely for your own personal non-commercial purposes as expressly permitted by this Agreement, unless otherwise stated herein. You may not copy Kumoo, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on Kumoo; (ii) distribute, transfer, sublicense, lease, lend or rent Kumoo to any third party; (iii) reverse engineer, decompile or disassemble Kumoo; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to Kumoo not expressly granted to you under this Agreement.
Where we remove any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on Kumoo, the App and the website prior to such removal by us.To the maximum extent permitted under applicable laws, you acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third-party sites.
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content or account.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Kumoo’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. We will assume no responsibility for any data loss that is not solely caused by us.
The following specific provisions apply to users in the European Union and the United Kingdom:
(i) In addition to the choice of law made in Section 17, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called "Rome I Regulation") the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter "right of residence") contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 18.
(ii) With regard to the Virtual Goods and Subscription Service, the following shall apply: In accordance with the EU Directive 2011/83/EU and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, consumers, within the territorial scope of the Directive and Regulations (as applicable), generally have a statutory right of withdrawal/cancel when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model instructions on withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
If you wish to exercise your rights, you may send an email to compliance@meitu.com (please quote "Kumoo " in your email title) or mail your request to Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu) to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
(complete and return this form only if you wish to withdraw from the contract)
— To Xiamen Meitu Technology Co., Ltd., Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu). e-mail: compliance@meitu.com (please quote "Kumoo" in your email title);
— I/We (*1) hereby give notice that I/We (*1) withdraw from my/our (*1) contract of sale of the following goods (*1) /for the provision of the following service (*1) ,
— Ordered on (*1) /received on (*1) ,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*1) Delete as appropriate.
The following specific provisions apply to users in Brazil:
If you are a Vietnamese citizen or are using Kumoo in Vietnam, the following additional terms apply.
(i) The provider of Kumoo in Vietnam is Xiamen Meitu Technology Co., Ltd. having the following company details: address at Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong.
ii. In addition to the content set out in Section 4 of this Agreement, you must not produce, store or post any following information via Kumoo:
iii. In the event we do not provide you with such information required of us under law in an accurate of sufficient manner, you may exercise such rights as available to you under the applicable law, including to agree on the method for handling the Agreement with us, unilaterally terminate the Agreement and notify us of such termination within 30 days from entering this Agreement (upon which you will not be required to pay any cost in order to terminate the Agreement save in respect of costs incurred in connection with the part of Kumoo, Virtual Goods or Subscription Service used) and to request a competent authority to declare the Agreement invalid or to cancel the Agreement according to civil law in Vietnam.
iv. The courts of Hong Kong shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
This Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controlling.
These AI Terms of Use (these "AI Terms") is an addendum to our Terms of Services in relation to your use of our AI features made available to you ("AI Features") and should be read in conjunction with our Terms of Services and Privacy Policy. If there is any conflict or inconsistency between our Terms of Services, Privacy Policy and these AI Terms, these AI Terms shall prevail in respect of the AI Features. Unless otherwise defined, capitalized terms used herein shall have the same meaning as defined in the Terms of Service.
1.Privacy. We are dedicated to protecting your privacy. Please be assured that the photos, audio, video or any other User Content you upload through the AI Features will not be used by us to identify you individually. For further details, please read our Privacy Policy.
2.Non-commercial use. You agree to use the AI Features in a reasonable and legal manner in accordance with applicable law and these AI Terms. Unless otherwise expressly permitted herein or in our Terms of Service, you may only use the AI Features (including the Contents generated by the AI Features) for your personal and non-commercial purposes.
3.Grant of Rights. In providing the AI Features to you, we will process and store your inputs to the AI Features as well as outputs from the AI Features for the purposes of monitoring for and preventing abusive or harmful uses of our AI Features. By making any User Content (including but not limited to vocal cues, text cues and images cues) available through the AI Features, you hereby grant to us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) store, use, copy, modify, adapt, communicate, make available, distribute, display, perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating Kumoo and providing services to you, in any form, format, media or media channels (including but not limited to generating images from the text, generating text from image, generating video from text or images, and image or vocal cues your created/ provided and changing such cues); and (ii) optimize and improve the functions of Kumoo (including but not limited to improving our AI Features). Such license is necessary in order to generate any Content using the AI Features. If you do not agree to give such license please do not use any of the AI Features.
4.Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through AI Features, nor any use of your User Content by us on or through the AI Features will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.
5.Limitation of Use. Except as expressly permitted in these AI Terms, you may not: (i) copy, modify or create derivative works of or based on the AI Features; (ii) distribute, transfer, sublicense, lease, lend or rent the AI Features to any third party; (iii) reverse engineer, decompile or disassemble the AI Features; (iv) make the AI Features available to multiple users through any means; (v) use web scraping, web harvesting, or web data extraction methods to extract data from the AI Features; or (vi) use the AI Features, or data from the AI Features to create, train, or improve (directly or indirectly) any other AI service.
6.Accuracy. When you use our AI Features, you understand and agree that (i) AI-generated content may not always be accurate, complete, appropriate or free from errors; and (ii) you must evaluate AI-generated content for accuracy and appropriateness for your use. We are not responsible for any consequences stemming from the use or reliance on AI-generated content. Any such use, whether commercial or private, by you is at your own risk and we make no representations or warranties of any kind regarding your use of the AI-generated content for any purpose. You must not therefore rely on any AI-generated content as a sole source of truth or factual information or as substitute for professional advice.
7.Disclaimer. You agree to use AI Features at your own risk. AI Features are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. We do not make any representations or warranties that access to all or any part of the AI Features will be continuous, uninterrupted, timely, accurate or error-free, or secure. Also, we make no representation or warranties as to the conditions of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, satisfactory quality, suitability, usefulness, accuracy, or completeness of the Contents generated by the AI Features. The AI Features may sometimes provide inaccurate or offensive content that doesn’t represent our views.
8.Deletion of User Content. We are authorized to delete any or all User Content that you have generated through the AI Features at its sole discretion at any time and for any reason. We have no obligation to notify you or any other users of the deletion of any User Content. We will not be liable to you or any third party in any way arising from or related to the deletion of User Content.
9.Miscellaneous. Sections 10, 12, 13 to 17 and 22 of our Terms of Services shall apply to these Terms, mutatis mutandis, as if they had been fully set forth herein.
10.Feedback. We do our best to moderate the settings of our AI Features, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us via the address provided in the Terms of Service if you find any Content to be offensive, illegal or inappropriate to you, we will assess and promptly take the action if we determine the Content to be offensive, illegal or inappropriate.