Pitaya-Terms of Service

Terms of Service

Pitaya (hereinafter referred to as "Pitaya") is an intelligent English reading and writing software provided by Beijing ShannonAI Technology Co., Ltd (hereinafter referred to as the "Company" and in each case, "we", "our" and "us") to users. Please refer to www.mypitaya.com (hereinafter referred to as the "Site") for more information about us.

You hereby confirm that you have registered as a member of Pitaya (hereinafter referred to as a "Member") through Pitaya. These terms of service (as updated from time to time, hereinafter referred to as these "Terms") are entered into between you and us and apply to your transactions with us (hereinafter referred to as the "Transactions"), including your purchase of any paid services from us, or the acquisition or redemption of any Pitaya Coins or Promotional Codes (as defined below), but does not include products and/or services directly provided or sold by any third party. We collectively refer to each of the services for which we charge fees as a "Paid Service", including but not limited to standard membership accounts, professional membership accounts, single membership services, points and other products and/or services provided by Pitaya.

1. General Principles

1.1 BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE (INCLUDING BUT NOT LIMITED TO, PURCHASE OF ANY PAID SERVICE, OBTAINMENT OR EXCHANGE OF ANY PITAYA COINS OR PROMOTIONAL CODES) OF US, YOU HEREBY CONFIRM THAT (1) YOU HAVE ALL NECESSARY POWER AND AUTHORITY (OR EQUIVALENT STATUS IN THE RELEVANT JURISDICTION) UNDER, OR BY VIRTUE OF, THE LAWS OF THE PEOPLE'S REPUBLIC OF CHINA AND OTHER APPLICABLE JURISDICTIONS TO USE PITAYA AND ENTER INTO THESE TERMS; (2) YOU HAVE THE ABILITY TO BE INDEPENDENTLY RESPONSIBLE FOR YOUR ACCESSING OR USING OUR SITE, SERVICES AND/OR SOFTWARE; (3) YOU ARE AT LEAST 18 YEARS OLD; AND (4) THAT YOU HAVE READ, UNDERSTAND AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT HAVE THE AFOREMENTIONED QUALIFICATIONS OR YOU ARE UNDER 18 YEARS OLD, YOU MUST IMMEDIATELY LEAVE THIS SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE OF US.

1.2 We may from time to time unilaterally update or revise these Terms and rules of the services, in each case with or without prior notice and without any liability to you or any third party, and we will use our commercially reasonable efforts to notify you of such changes and amendments by pushing you notifications in the Site, posting these changes and amendments on the Site or by any other manner chosen by us in our commercially reasonable discretion. without the need to notify you separately. YOUR USE OF THE SITE, SERVICES OR SOFTWARE OF US FOLLOWING ANY SUCH UPDATE OR REVISION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS AS UPDATED OR REVISED. IF YOU DO NOT AGREE WITH THE REVISED TERMS, YOU SHOULD IMMEDIATELY STOP ACCESSING OR USING PITAYA AND OUR SITE, SERVICES AND SOFTWARE. WHEN YOU PURCHASE PAID SERVICES OR OBTAIN OR CHOOSE TO REDEEM PITAYA COINS AND PROMOTIONAL CODES (IF APPLICABLE), THE LATEST VERSION OF THESE TERMS PUBLISHED ON OUR SITE WILL APPLY TO YOUR TRANSACTIONS. PLEASE BE SURE TO READ THESE TERMS BEFORE YOU COMPLETE ANY TRANSACTION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY CHOOSE NOT TO CONDUCT A TRANSACTION; ONCE YOU CONDUCT ANY TRANSACTION, YOU AGREE TO BE LEGALLY BOUND BY THE LATEST VERSION OF THESE TERMS.

1.3 You are responsible for properly keeping, using, and maintaining your user IDs, your information and passwords for Paid Services, and taking all necessary and effective measures to keep them confidential and secure. You shall not disclose share your user IDs and relative information with any third party. You are solely responsible for all activities and legal consequences in connection with assessment to the Site and/or our services and software through your user IDs, any loss caused by your improper custody, use and maintenance of your user IDs and passwords, and in no event shall Pitaya and/or the Company be liable for any loss or damages relating to such activities.

1.4 You shall comply with the Terms and Conditions while using the Paid Service.

2. Payment of Fees

2.1 Upon your election to purchase any of the Paid Services from Pitaya and pay in a certain way, you agree and confirm that: (1) you shall pay for such Paid Services purchased by you no later than the date on which the payment is due (hereinafter referred to as the “Payment Date”) as displayed at the time of your purchase of such Paid Services; (2) any and all of the payment information provided by you is true and accurate; (3) you are duly authorized to use the payment method and payment account you provide; (4) we may retain the payment information and payment methods provided by you, including but not limited to information of the third-party payment platform (such as WeChat Payment and etc.) account(s) provided by you , account information of the debit/ credit card(s) submitted by you and/or your bank or applicable third party payment platform; (5) we are authorized to use the email address, mobile phone number, WeChat ID and/or other contact information submitted to us to provide you with notices and information relating to your payment; (6) we or our resellers and/or third party service providers (if applicable) are authorized to charge you for such Paid Services on and prior to the applicable Payment Date according to the information provided and stored in your account by the designated payment method.

2.2 Your payment obligation and our right to receive payments include any and all of the taxes or other fees applicable to the Paid Services you purchase.

2.2.1 You hereby agree to pay the charges for the Paid Services in the currency specified by us (or any reseller from whom you purchase the Paid Services or the payment processor, as applicable) when you enter into a Transaction, and you shall bear all risks associated with any change of exchange rate between such currency and other currencies.
2.2.2 Applicable taxes, delivery fees and/or other similar charges applicable to the products and/or services you purchase shall also be borne by you. If any tax or fees applicable to the Paid Services are not directly charged by us, you acknowledge and agree that you will be responsible for paying such taxes, fees and/or other such charge on your own.
2.2.3 our prices described for a Paid Service do not include any third-party fees incurred for use of such Paid Services, including but not limited to fees charged by your Internet access service provider, any wireless carrier for cellular or data services, and any other third-party applications or services used by you when you use the Paid Services, which shall be selected, managed and paid on your own.

2.3 You will be responsible for any reasonable cost (including but not limited to commission fees or channel fees that may be charged by banks or payment platforms) caused due to any of your refunds and failure to make payment when due.

3. Subscriptions to Paid Services

3.1 You could use the Paid Services either by participating in free trial membership plans offered by us from time to time, or subscribing such Paid Services by payment of corresponding service charge though on our Site or through authorized resellers designated by us.

3.1.1 You shall subscribe and pay for the Paid Services through specific methods designated by us (such as e-banks or third-party payment platforms). The prices and content of the Paid Services (including but not limited to rules of user interests, charging standards and payment methods) shall be subject to rules published and updated on Pitaya from time to time. You will successfully subscribe to the Paid Service upon the completion of your subscription and fully payment of applicable charges through authorized methods, and such Paid Service shall take effect and starts to calculate the subscription/service period immediately thereafter.
3.1.2 You confirm that you have read and accepted the relevant service terms and payment terms before subscribing any Paid Service. You should operate strictly in accordance with the payment process and pay attention to and ensure the safety of the payment environment when you make any payment, otherwise you should bear all adverse consequences by yourself.
3.1.3 You hereby confirm that, in case that a Failure of Payment occurs, including failures to charge any applicable fees of automatic renewal of the standard version membership account and/or professional version membership account ("Paid Membership Account"), we are entitled to, but not obliged to, stop providing Paid Services to you with or without an on-site notice sent to your account. You could continue to use the free version membership account that does not involve Paid Services and other free services provided by Pitaya. If you intend to use any Paid Service, you shall make full payment of the applicable fees of such Paid Service, and Pitaya will provide the corresponding Paid Services based on your actual payment. For avoidance of doubt, the "Failure of Payment" hereunder shall refer to the situations that we fail to fully receive any payment when due, including but not limited to, circumstances that any issuing bank of the credit card, drawee bank or third-party payment platform refuses to transmit the due and payable payment amount to us, or that the reseller or payment processor under contract with you (if applicable) informs us of your failure to make the relevant payment.
3.1.4 We may choose not to immediately cancel your Paid Service subscription when a Failure of Payment occurs or you have not paid for such subscription, in which case you will continue to be responsible for the fees payable for the duration of the relevant subscription. In addition, if you fail to pay for a Paid Service, we may choose to suspend your right to use the Paid Service, or change the type of rights you have for the unpaid service (such as changing your service from a standard membership account/professional membership account to the free version membership account).

3.2 When your personal information changes, you should modify it in time, otherwise you will be responsible for any and all consequences of any deficiency of the performance of the Paid Services. WE RESERVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION TO THE PAID SERVICE DUE TO THE ABOVE REASON WITHOUT REFUNDING THE FEES YOU HAVE PAID OR GIVING ANY OTHER FORM OF INDEMNITY OR COMPENSATION.

3.3 upon your use of any Paid Service of Pitaya, you are deemed to have agreed to the terms of service of such Paid Service and the provisions of various announcements, reminders and notices issued by Pitaya regarding such Paid Service (if any).

4. Upgrade and Cancellation of Paid Services

4.1 You are allowed to upgrade your currently subscribed Paid Membership Account to a higher priced Paid Membership Account ("Account Upgrade") before the subscription period is expired, provided that your current subscription Paid Membership Account is purchased directly from us (not through any distributor, reseller or payment processor); provided further that if your Paid Membership Account is purchased from a distributor, reseller or payment processor, you shall contact your distributor, reseller or payment processor for processing your account upgrade application, in which case we may not be able to process your account upgrade application directly. If you apply for an Account Upgrade, we will convert the balance of your payment for the currently subscribed Paid Membership Account into part of the initial subscription fee of the higher-priced Paid Membership Account you apply to upgrade to (the "Upgraded Account”) on a pro rata basis. If the aforementioned balance is not enough for the payable initial subscription fee of the Upgraded Account, you are responsible to make up the remaining payable initial subscription fee of the Upgraded Account through the methods specified by Pitaya before the effectiveness of the Account Upgrade; if the aforementioned balance exceeds the initial subscription fee of the Upgraded Account, the excess amount will not be refunded.

4.2 We may, from time to time, adjust, modify, amend or revise the prices and/or the services of any of the Paid Services, and/or newly charge for certain services. We will provide you with reminders and/or notices of the aforementioned adjustments by any manner chosen by us in our commercially reasonable discretion.

4.2.1 If the prices for the Paid Services are changed, we will provide you with a pop-up prompt when you use Pitaya, explaining the specific changes. By closing the pop-up window or selecting "accept/continue to use" (or any other similar button), you agree to accept the revised prices for the Paid Service and agree to abide by all relevant agreements and rules. Unless otherwise specified in the pop-up prompt, the revised prices for the Paid Service you purchased will apply to your subscription after the expiration of your current billing period, and will take effect from your next subscription and payment for such Paid Service. If you do not agree with the new price or other applicable fees standards, you can choose not to continue subscribing to such Paid Service. In a case that you have selected automatic renewal of subscription to such Paid Service, but do not agree with the new prices or other applicable fees standards, you shall cancel the automatic renewal of subscription to such Paid Service after the notification of such change and no later than the charge of your next subscription billing period following the instructions then specified in the pop-up prompt. Upon the successful cancellation of the automatic renewal, the Paid Service you subscribed to will be changed to services provided by Pitaya for free, which will not involve any Paid Service, after the expiration of the billing period of your current subscription.
4.2.2 Unless otherwise stated in the notifications, other changes to the corresponding Paid Service subscribed to by you will be effective and applicable to your subscription as from the time specified in the notices to you. If you do not agree with such other changes in Paid Services, you can choose not to continue subscribing to the Paid Services. In a case that you have selected automatic renewal of subscription to such Paid Service, but do not agree with such other changes in Paid Services, You shall cancel the automatic renewal of subscription to such Paid Service after the notification of such change and no later than the charge of your next subscription billing period following the instructions then specified in the notifications. Upon the successful cancellation of the automatic renewal, the Paid Service you subscribed to will be changed to the services provided by Pitaya for free after the expiration of the billing period of your current subscription.

4.3 Regardless of whether you have opted for an auto-renewing Paid Membership Account, you may cancel the currently subscribed Paid Service at any time at your sole discretion. Since the Paid Service you subscribe to is a virtual service, if you choose to unsubscribe from the Paid Service, Pitaya will stop providing you with the Paid Service at the expiration of your current billing period, and you can continue to use the free version membership account that does not involve Paid Services, and other free services provided by Pitaya. EXCEPT AS OTHERWISE STIPULATED IN THESE TERMS, YOU ARE NOT ENTITLED TO REQUEST THE COMPANY AND/OR PITAYA TO REFUND ANY FEES YOU HAVE PAID OR REDUCE OR WAIVE ANY FEES PAYABLE BY YOU. If you wish to use the Paid Service again after cancelling the subscription of the Paid Service, you need to re-subscribe to the Paid Service and fulfill the corresponding payment of applicable fees. Pitaya will provide the Paid Service according to your actual payment correspondingly.

4.4 If you are the legally authorized representative of a deceased or legally incapacitated individual and have adequate power and authorization to dispose of the account of such individual, who is no longer possible to reuse his/her account), in order to cancel the Paid Services currently subscribed by such individuals, you shall notify us in the way stipulated in these Terms, indicating the relevant account number together with an application for cancellation of such Paid Services. Pitaya will cancel the subscription to such Paid Services, provided that you can duly prove you have adequate power and authorization to act on such individual’s behalf and bear the corresponding legal responsibility, and that you have the ability to verify the details of the payment method used for the relevant Paid Service.

4.5 If you are a user of the Paid Services, you acknowledge and agree that, we may unilaterally terminate these Terms by sending an email, text message or WeChat notice to your unique identification method (email, mobile phone number or WeChat ID) marked in your account information at least thirty (30) days prior to the termination, and will provide a pro-rata refund for any Paid Services not consumed as of the effective date of termination. YOU HEREBY UNDERSTAND, CONFIRM AND AGREE THAT, EXCEPT FOR THOSE EXPRESSLY STIPULATED BY THE LAWS, PITAYA AND/OR THE COMPANY HAS THE RIGHT TO DIRECT A REFUND TO YOU WITHOUT YOUR APPLICATION OR CONSENT. PLEASE REFER TO THE DETAILED INFORMATION AND RULES FOR REFUND CONDITIONS AND PROCEDURES PUBLISHED ON RELEVANT SERVICE WEBPAGES OF PITAYA.

5. Continuous Membership Agreement

5.1 This Agreement is a supplemental and integral part of the Terms and Conditions (https://mypitaya.com/html/licenseagreement-en.html). In case of any conflict between this Agreement and the Terms and Conditions, this Agreement shall prevail. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT, YOU MUST IMMEDIATELY LEAVE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE PITAYA SERVICES OR SOFTWARE. You confirm that you have read and will comply with the Continuous Membership Agreement (this “Agreement”) before the use of the Continuous Membership Service (this "Service") provided by BEIJING SHANNONAI HUIYU TECHNOLOGY CO., LTD. (the "Company or "We"). You are deemed to have read and agreed to be bound by this agreement when you take the next step or receive this Service (including but not limited to clicking "OK", "Login", "Subscribe", "Renew", or when you enter into a transaction related to this Service, using any other form of confirmation, collectively referred to as receiving this Service). If you are under the age of 18, please read this agreement with a legal guardian.

5.2 Description of service

5.2.1 To reduce the impact of inadvertently or otherwise failing to renew in time, we offer this Service to meet your continuous membership needs.
5.2.2 If you accept this Service through Apple ID and do not explicitly cancel this Service 24 hours prior to the next renewal date, Apple will automatically charge the subscription fees for the next renewal period from your Apple ID account (hereinafter referred to as the "account") tied to this Service, 24 hours prior to the expiration of each renewal period.
5.2.3 If you accept this Service through an Android product and do not explicitly cancel this Service before the subscription period ends, the interested party will automatically charge the subscription fees for the next renewal period from the balance of your account or from a third-party account (such as WeChat Pay, Alipay, Credit Card) that you accept this service with and extend the subscription period upon the 24 hours before expiration date of your current membership.
5.2.4 Some membership services (such as mobile phone payment, customization, etc.) are subject to the discretion of the carrier or related party to the actual circumstances of the withholding period. In such cases, please refer to the actual withholding period. You should pay attention to the above account status such as account problems or insufficient balance, which may fail to renew, in which case the resulting risks or losses will be at your own expense.
5.2.5 To keep you up to date on the status of continuous memberships, we will notify you by In-APP mail three days in advance. Please note that, based on the nature of this Service, this Service will be completed in the manner and time specified in Articles 1.2, 1.3, and 1.4 of this Agreement. If you do not expressly cancel this Service before the subscription period ends, we will charge fees to the account on file for the next subscription period and will not refund the fees charged under this order in principle.

5.3 Rules for this Service

5.3.1 The renewal periods include monthly, quarterly (3 months) and annual charges. The Company charges subscription fees for the renewal period to the payment method on file. All subscriptions are renewed at the subscription levels and fees in effect at the time the then-current subscription term ends.
5.3.2 If any errors occur during the renewal process, please notify the company promptly. The company should work closely with you to identify the cause and each bears the loss caused by his own fault. If the loss is caused by the unequal fault of each party, the two parties shall bear the corresponding liability according to the degree of fault. If both parties are responsible, the responsibility shall be shared equally between them.
5.3.3 Due to the changing market conditions, the Company may from time to time revise this Agreement, the price of the service, the rules, etc. (hereinafter referred to as the "Continuous Membership Rules"). Prior to making these changes or modifications, the Company will announce the changes in the Pitaya App, but no individual notice may be given. If you do not agree to the modification of this agreement, you may cancel the service you have received and stop using it before the next renewal period. If you continue to use our services, you are deemed to have accepted all the changes to this Agreement.

5.4 Suspension or Termination of this Service

5.4.1 The Company reserves the right to terminate this Service immediately under the following circumstances, without liability to you or any third party, including, but not limited to:
(1) If you have committed an offence or infringement, or in the company's judgment that your conduct is suspected of being in breach of the provisions of laws and regulations;
(2) If your conduct interferes with the proper functioning of any part of Pitaya;
(3) If the Company considers that there is a material risk of providing this Service to you;
(4) In other cases where you have seriously violated this Agreement.
5.4.2 The Company may cease to provide this Service to you as required by its business strategy. In such a case, the Company will notify you that your membership will expire at the end of the subscription period.
5.4.3 You have the right to terminate this Service at any time. Upon termination of this service, Pitaya will cease to provide this Service to you. You may terminate the service as described below:
(1) If you receive this Service from an In-app purchase from Apple Store: iOS 12 and above: Open the App Store on Apple's iOS device -> tap Apple Account in the top-right corner -> go to Account -> tap Subscribe -> select Pitaya and unsubscribe; iOS 12: Open Settings on your iPhone -> go to iTunes Store and App Store -> tap "App ID," select "View Apple ID," go to the Account Settings page, click "Subscribe," select Pitaya, and unsubscribe.
(2) If you receive this Service from Alipay: Open Alipay -> tap "Me" in the bottom right corner -> tap "Settings" in the top right corner -> Payment Settings -> Disclaimer Payment / Auto Deduction -> Select Pitaya -> tap "Unsubscribe"
(3) If you receive this Service from Huawei: Open the Phone Settings -> tap Huawei Account in the top corner -> Payment and Billing -> Auto Deduction / Disclaimer Payment -> Select Pitaya -> tap "Unsubscribe"
5.4.4 If you do not expressly cancel this Service, you will be considered to have consented to automatic charging following the Rules of the Payment Channel from time to time, for a certain period after the expiration of your membership, even if the amount in your account is insufficient.
5.4.5 You are aware and agree that there may be a delay in the display of continuous membership status updates, subject to your account status displayed. Until you successfully cancel this Agreement, the continuous membership service is still valid, and the expenses incurred prior to the cancellation will not be refunded.

6. Pitaya Coins

6.1 According to our follow-up operation situation, Pitaya may make available, Pitaya Coins (individually, a “Pitaya Coin” and collectively, “Pitaya Coins”) directly, or indirectly through third parties, from time to time and/or may further provide points transaction services after the date hereof. The specific and detailed acquisition methods, usage rules, and points trading rules will be published on Pitaya, subject to amendments from time to time, through on-site notices.

6.1.1 Upon the availability of Points Transaction services provided by us in the future, Pitaya Coins may be used to purchase physical or virtual items provided by Pitaya or other third parties ("Purchase by Points"), and may also be used as tokens or credit points ("Points Exchange", together with Purchase by Points, collectively, the "Points Transaction") in a promotional subscription or sales campaign held by Pitaya from time to time. The specific rules or terms of Points Transaction shall be determined by Pitaya, in our sole discretion, and may be amended from time to time without prior notification.
6.1.2 Pitaya Coins awarded to your account may only be used for Points Transaction through your account. Pitaya Coins awarded to different accounts cannot be combined for any Points Transaction, even if all of those accounts are owned or controlled by you. You can review the number of Pitaya Coins in your account by visiting the page of "View Pitaya Coins" of the Site.
6.1.3 Pitaya Coins have no cash value and may not be tendered for any amount of cash, nor can they be transferred or resold. Pitaya Coins may be specified an expiration date, after which such Pitaya Coins shall be void. Pitaya will not accept any Pitaya Coin that has expired or is void due to other reasons. PITAYA WILL NOT REINSTATE ANY PITAYA COINS ONCE THEY HAVE BEEN APLLIED IN A POINTS TRANSACTION, AND PITAYA SHALL NOT ASSUME ANY RESPONSIBILITY FOR SUCH USE, EVEN IF YOU CLAIM THAT THE USE OF PITAYA COINS WERE NOT AUTHORIZED BY YOU. PITAYA IS UNDER NO OBLIGATION TO PROVIDE ANY COMPENSATION FOR OR IN CONNECTION WITH ANY MATTERS RELATED TO PITAYA COINS.

6.2 Pitaya may from time to time make available, directly or indirectly through a third party, gift cards or coupons or promotional codes (individually, a “Promotional Code” and collectively, “Promotional Codes”) that are redeemable for a specified Paid Service for a fixed period as specified by Pitaya, or which may be exchange for Pitaya Coins.

6.2.1 Promotional Codes may be specified an expiration date, after which such Promotional Codes shall be void. Pitaya will not accept any Promotional Code which has expired or is otherwise void due to other reasons. Promotional Codes have no cash value may not be tendered for any amount of cash. Promotional Codes are non-transferable or for resale. PITAYA WILL NOT REINSTATE ANY PROMOTIONAL CODE ONCE THEY HAVE BEEN USED, AND PITAYA SHALL NOT ASSUME ANY RESPONSIBILITY FOR SUCH USE, EVEN IF YOU CLAIM THAT THE USE OF THE PROMOTIONAL CODES WERE NOT AUTHORIZED BY YOU. PITAYA IS UNDER NO OBLIGATION TO PROVIDE ANY COMPENSATION FOR OR IN CONNECTION WITH ANY MATTERS RELATED TO PROMOTIONAL CODES.
6.2.2 To acquire a Promotional Code, you must be a registered user of Pitaya, complete the registration or redemption process and meet any and all of the eligibility requirements set forth by Pitaya in connection with Promotional Codes. After the term of Paid Service purchased with Promotional Codes expires, you will be required to pay the then-applicable fees for the Paid Service in order to continue using such Paid Service.
6.2.3 In the event you have already subscribed to a Paid Service when you receive a Promotional Code, you cannot use the Promotional Code to subscribe to the Paid Service until the current subscription to the Paid Service expires. However, as long as you have meet the eligibility requirements, you could still choose one of the following ways to use Promotional Codes: (1) apply the Promotional Code to redeem Pitaya Coins immediately, and then use the Pitaya Coins to exchange for Paid Services or other services in accordance with the methods described in these Terms and other applicable rules of Pitaya Coins; (2) transfer the Promotional Code to other family member or friends, provided that such Promotional Code is transferrable); (3) create an additional account for yourself on Pitaya and use the Promotional Code with such new account; (4) wait until after your current subscription to the Paid Services has expired and convert your account to a free membership account before redeeming the Promotional Code (Please make sure that you do not miss the expiration date of such Promotional Code). In cases that you agree to an auto-renewal of the Paid Service, your subscription to the Paid Service will be automatically renewed after the expiration of your Paid Service purchased using the Promotional Code and will be charged in accordance with the accepted payment method that you previously agreed to. Information on how to cancel a subscription to a Paid Service can be found in "Section 4 Upgrades and Cancellations of Paid Services" stipulated above.

6.3 Except as otherwise expressly provided in a separate agreement entered into by you and us, you may not sell, distribute or transfer Promotional Codes or Pitaya Coins in any ways. THE COMPANY RESERVES THE RIGHT TO INVALIDATE ANY IMPROPERLY ISSUED OR DISTRIBUTED PROMOTIONAL CODES OR PITAYA COINS, AND WE ARE NOT REQUIRED TO PAY YOU ANY COMPENSATION FOR SUCH PROMOTIONAL CODES OR PITAYA COINS. IF A PROMOTIONAL CODE OR PITAYA COIN HAS BEEN DISTRIBUTED TO YOU BY A THIRD PARTY (FOR EXAMPLE, IN CONNECTION WITH A THIRD PARTY'S PROMOTIONAL ACTIVITIES), PITAYA IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES AND ANY MARKETING OR PROMOTIONS PROVIDED BY SUCH THIRD PARTY. PITAYA IS NOT OBLIGED TO PROVIDE YOU WITH ANY COMPENSATION OR AMEND THE RELEVANT TRADING RULES FOR THE PROMOTIONAL CODES OR PITAYA COINS PROVIDED TO YOU BY MISBEHAVED THIRD PARTIES.

7. User Content

7.1 “User Content” refers to the text, documents, and other content and information you enter, upload, and transmit when you use Pitaya. You own the intellectual property rights in your User Content. As a result, we need your permission (in legal language, this is called a license) to use your User Content to provide our services to you.

7.2 You are granting us a license to use your User Content for the limited purposes of:

operating and improving our site, services and/or software (for example, your acceptance or rejection of suggestions may help train our suggestion engine);
protecting our site, services and/or software (for example, we may analyze patterns in usage to prevent abuse);
customizing our site, services and/or software (for example, we may use your User Content to create personalized suggestions); and
developing new technologies and services.

7.3 The license you give us is only for the above purposes, which means we will not, for example, sell or license your User Content to third-party data brokers.

7.4 You acknowledge that the license you grant us is:

worldwide;
non-exclusive (meaning you own your User Content and can license it to other people and companies);
royalty-free (meaning we don’t pay you for it); and
for as long as your User Content is protected by intellectual property laws.

7.5 The license you give us allows us to, solely for the purposes outlined above, store, reproduce, use, publish and publicly display to you, modify and create derivative works (such as providing writing suggestions and auto-correcting words), and permit (this is called a sublicense) our service providers to process your User Content solely for the purpose of helping us provide services to you.

7.6 The Company does not own, control, verify, or endorse User Content. You are responsible for all your User Content. That means you should back up all your User Content and you may not do anything illegal or harmful with it (including violate any intellectual property or trade secret laws).

8. Data Collection and Privacy

8.1 The Company does not collect personally identifiable information from you except to the extent you have explicitly given such information to the Company. The Company’s information practices are further described in its privacy policy, which is available at www.mypitaya.com/html/PrivacyPolicy-en.html (the “Privacy Policy”). The Privacy Policy is an integral part of these Terms and is expressly incorporated by reference, and by entering into these Terms you agree to (i) all of the terms of the Privacy Policy, and (ii) The Company’s use of data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights.

8.2 The Company may from time to time update or revise the Privacy Policy. If the Company updates or revises the Privacy Policy, the Company will notify you either by email to your most recently provided email address, by posting the updated or revised Privacy Policy on the Site or by any other manner chosen by the Company in its commercially reasonable discretion. Your use of our site, services and/or software following any such update or revision constitutes your agreement to be bound by and comply with the Privacy Policy as updated or revised.

8.3 In addition, the Company may engage third parties to conduct risk control and fraud detection/prevention activities. As part of such engagements, if you initiate a transaction on our site, services and/or software, the Company may give such third parties access to your pertinent credit card and other personal information. Such third parties may only use such personal information for purposes of performing risk control and fraud detection/prevention activities for us. However, they may also convert such personal information into hashed or encoded representations of such information to be used for statistical and/or fraud prevention purposes. By initiating any such transaction, you hereby consent to the foregoing disclosure and use of your information.

9. Changes to Account Information

9.1 You are responsible for ensuring that all your account information, including the registration information for creating your account and all payment information (address, debit or credit card number and expiration date or other payment methods accepted), is accurate and up to date. You may change the aforementioned information through Settings.

9.2 If you are not the holder of any user account of the Paid Services but actually control the payment method for such user account and wish to make a change to the payment method of such suer account, you must notify us by contacting our customer service team and demonstrating to our satisfaction your domination of the payment method used for purchase of such Paid Services.

9.3 In the event your payment information or payment method expires or becomes invalid, or you or other party in charge of the payment method has made changes to the payment method (including, without limitation, the account number) too close to the time at which we charge for any Paid Services (so that we cannot reasonably act towards your changes prior to billing), we will probably not be aware of such aforementioned circumstances, and we may bill the current charges to the payment method we had on record, suspend or terminate your Paid Services; the continuation of your subscription to the Paid Service constitutes your authorization for us to do so. And you remain responsible for any payable amounts and any costs incurred to you or us as a result of the inclusion of fees in invalid payment methods, suspension or termination of your Paid Services.

10. Orders and Invoices

10.1 The order(s) for the Paid Services you subscribe to on Pitaya can be viewed in Settings, which will contain the information of services you have subscribed to, the specific order number, the time when the order was created, and the amount you have paid.

10.2 in case that you registered your Pitaya account by email address, after your successful payment of relevant Paid Services, Pitaya will automatically send an email containing an electronic invoice in the amount actually paid by you to the email address provided by you when registering with Pitaya.

11. Others

11.1 We will make commercially reasonable efforts to protect the security of your information during the usage of Pitaya. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, WE SHALL NOT BE LIABLE FOR ANY LEAKAGE OF YOUR PERSONAL INFORMATION, CONFIDENTIAL INFORMATION OR CORRESPONDING MATERIALS, ETC. ("YOUR INFORMATION") DUE TO THIRD-PARTY REASONS OR FORCE MAJEURE (INCLUDING BUT NOT LIMITED TO INTENTIONAL DESTRUCTION, HACKING, COMPUTER VIRUSES, SYSTEM MAINTENANCE OR UPGRADE, NETWORK OVERLOAD AND OTHER TECHNICAL PROBLEMS).

11.2 Pitaya may use services or functions provided by third parties. You acknowledge and confirm that the aforementioned third parties are independent entities and are responsible for their own actions. WE DO NOT GUARANTEE THE QUALITY, RELIABILITY OR SUITABILITY OF ANY CONTENT OR FORM OF ANY SERVICES OR FUNCTIONS PROVIDED BY SUCH THIRD PARTIES.

11.2.1 If you encounter any troubles or obstacles in the use of the services or functions provided by such third parties, you may contact us via the feedback page, and we will endeavor to communicate with such third parties with a goal of resolving troubles or obstacles for you as soon as possible. However, WE DO NOT GUARANTEE THE OUTCOME OF SUCH COMMUNICATIONS REGARDING THOSE TROUBLES OR OBSTACLES, AND WE SHALL BEAR NO RESPONSIBILITY UNDER THOSE CIRCUMSTANCES.
11.2.2 Based on the products and/or services you have selected, we may need to provide your information to such third parties, and we will make commercially reasonable efforts to prompt that such third parties keep your information confidential in order to safeguard your legitimate interests. However, WE SHALL NOT BE LIABLE FOR ANY DISPUTES OR CONTROVERSIES BETWEEN YOU AND SUCH THIRD PARTIES ARISING RELATING TO THE PROVISION OF YOUR INFORMATION OR THEIR USE OF YOUR INFORMATION, OR FOR ANY LOSSES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT.

11.3 The products and/or services provided by Pitaya may use information or resources from the internet ("Network Public Information"). THE DISPLAY AND/OR USE OF SUCH NETWORK PUBLIC INFORMATION SHALL BE NOT REGARDED AS ANY FORM OF CONFIRMATION OR GUARANTEE BY PITAYA AND/OR THE COMPANY OF THE AUTHENTICITY, ACCURACY, COMPLETENESS, TIMELINESS OF ITS CONTENT, AND PITAYA AND/OR THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM THE USE OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES OBTAINED THROUGH ANY SUCH NETWORK PUBLIC INFORMATION. Due to the limitation of the program algorithm, current technical level and/or other reasons, we cannot make any form of confirmation or guarantee for the accuracy and completeness of the products and/or services provided by Pitaya, and the products and/or services provided by Pitaya may differ from the similar products and/or services provided by other platforms of the same kind. You understand and agree that you will make judgments or decisions based on your own will. Any reliance on or use of any content on or accessment from our services by you is at your own risk. At the same time, we promises that we will continue to improve our technology level, and use our best efforts to provide you with higher quality products and/or services.

11.4 In addition to the published fees for Paid Services, you agree to pay any reasonable costs we incur during collection of any outstanding or past due payments, including reasonable attorneys' fees and other associated costs. Defaulted payments will bear interest at the rate of 1% per month or the maximum rate permitted under applicable law, whichever is lower, from the payment due date until paid in full.

11.5 If you pay for a subscription to the Paid Services with a credit card and then subsequently request your credit card issuer for a refund, Pitaya may be charged a fee by the bank, which may be multiple of the amount we originally received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend the function to add additional content to your Paid Services account until you reimburse us the amount of the fee we were charged by the bank.

11.6 YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY, SHALL NOT EXCEED A REFUND OF THE FEES ACTUALLY PAID BY YOU TO THE COMPANY IN ACCORDANCE WITH THESE TERMS IN THE EVENT OF ANY LOSS ARISING FROM YOUR USE OF THE PAID SERVICES OR AS A RESULT OF YOUR TRANSACTIONS WITH US.

10.7 The titles of the sections and subsections of these Terms are for convenience of reference only and are not to be considered in construing these Terms. These Terms shall be governed by and construed exclusively in accordance with the laws of the People's Republic of China (but solely for the purposes of these Terms, excluding the Hong Kong Special Administration Region, the Macau Special Administrative Region and Taiwan). If you have any concerns with these Terms or its implementation, please contact us through the contact information available at our Site. You agree to negotiate in good faith to resolve any dispute between you and us. If the negotiation fails, both parties agree that such a dispute shall be referred to and resolved exclusively by a lawsuit in Haidian District People’s Court of Beijing.