Translation notice. This is an English translation provided for convenience only. The Simplified Chinese version is the governing text; in the event of any discrepancy, the Simplified Chinese version prevails. This translation has not been reviewed by counsel qualified in your jurisdiction.
Welcome to the "Morphly" paid services. This agreement (this "Agreement") applies to the Morphly paid services and related features (the "Services"). By ticking a box, clicking, or simply beginning to use the Services, you are deemed to have agreed to this Agreement.
To use the Services, you should read and comply with this Agreement, the "Morphly" User Service Agreement, the "Morphly" Privacy Policy and other related agreements and rules (collectively, the "Service Agreements and Rules"). This Agreement is a supplement to the "Morphly" Privacy Policy and forms an inseparable whole with it; where this Agreement conflicts with the foregoing documents, this Agreement prevails.
We may revise this Agreement from time to time as operational needs require, and we recommend that you review the latest version promptly. Your continued use is deemed acceptance of the revised Agreement.
Users under 18 years of age, or lacking full civil capacity by reason of mental or health condition, should read this Agreement in the company of their legal guardian and confirm whether they agree to it.
(A) Membership services
During the membership term, you obtain the following benefits according to the plan you have purchased (the purchase page prevails): (1) a grant of "credits" (the amount varies by plan); (2) removal of the brand watermark from generated images; (3) the right to use, modify and create derivative works from the output of the Services lawfully for commercial purposes (but not to develop products or services competing with the Services); (4) other membership benefits updated from time to time.
Types such as "weekly auto-renewing" and "yearly auto-renewing" are supported (as published in the interface). The auto-renewal rules are set out in the Appendix to this Agreement, the Auto-Renewal Service Rules. We may adjust the types of recurring subscription and their benefits in line with business developments.
In order to improve the user experience, we may update or optimise the membership services, features and pricing plans. This may involve the withdrawal or adjustment of certain features or benefits, and we will use our best efforts to safeguard your lawful rights and interests.
The term is as published on the purchase interface. If the membership is not renewed after the term expires, the membership account reverts to an ordinary account and no longer enjoys membership benefits.
You may check your benefit information (such as entitlements and term) in the app under Membership Centre.
(B) Changes to membership services
(A) Credit benefits
(B) How credits are obtained, and their validity
(C) Rules on using credits
(A) Fee standards
Please note that we have the right to set prices independently for the paid services provided by "Morphly". Different payment models apply to the various paid services of "Morphly"; please read carefully this Agreement and the relevant rules of use for the specific paid service you intend to purchase on the product payment page. We may adjust payment models in line with different marketing strategies and the specific circumstances of the product; the payment model and the accompanying rules displayed in the product interface prevail.
Please note that, in the light of market and business developments, operational needs and adjustments to benefits, the pricing plans for the various paid services, or the specific benefits, payment models, terms and complimentary benefits (if any) included in them, may be adjusted from time to time. Adjustments to pricing plans take effect from the date of publication. Your right to use paid services purchased before such adjustments take effect will not be affected; however, if you need to make a further purchase once those benefits have been used up, the pricing plan in effect after the adjustment applies. We will use our best efforts to safeguard your rights and interests, and you understand this and agree to purchase the relevant services in accordance with the most recently published pricing plan.
You agree that your continued conduct (including without limitation clicking to agree, continuing to purchase, completing payment, or using a paid service) is deemed to signify that you know of and agree to the changed charging arrangements and fee standards.
Except where the purchase interface for a specific paid service or the relevant benefit-details page explains otherwise, the explanation of prices on the purchase interface and the relevant benefit-details page is to be understood and interpreted in accordance with this clause:
Struck-through price: the market reference price or guide price for the paid-service benefit set by us, or a selling price previously displayed. Owing to regional and temporal differences and market fluctuations, the reference or guide price for a paid-service benefit may differ from the selling price displayed when you actually purchase or consume it; the struck-through price is for reference only.
Non-struck-through price: the selling price or real-time listed price displayed for the paid-service benefit; differences of expression do not change its nature. The actual transaction price may vary depending on promotions covering all or part of the paid-service benefits, or the user's use of coupons, credits and the like; the price on the order-settlement page is the actual price at which you purchase the paid-service benefit.
Promotional price/discounted price: unless otherwise stated, a promotional or discounted price is a preferential price granted on the basis of the struck-through price or the market reference or guide price. If you have any question, you may contact customer support before purchasing.
Member price: unless otherwise stated, a preferential price available exclusively to members, granted on the basis of the struck-through price or the market reference or guide price. If you have any question, you may contact customer support before purchasing.
Price anomalies: because of uncertainties such as system caching and delays in page updates, prices may be displayed anomalously; the price on the order-settlement page is the actual price for all or part of the benefits of a single paid service. If you notice an anomaly, please contact us immediately for correction so that you can complete your purchase of the relevant paid-service benefits smoothly.
(B) Purchase and payment
Because the "Morphly" paid services and benefits are virtual consumption goods, save in circumstances provided by law, circumstances agreed in this Agreement, or where we are in breach — such as where a material defect in the "Morphly" services or features prevents you from using the service or benefit you purchased — you may not, in principle, transfer or request a refund of a paid service after completing the purchase and payment. Before purchasing a paid service (including an auto-renewing service), please carefully check the service and benefit information, price, term of use and the relevant rules of use in this Agreement, and take care to verify the user-account information for the service you are purchasing.
(1) obtain any one or more paid services or benefits by theft, by exploiting system vulnerabilities (including without limitation robot software, spider software, crawler software or screen-flooding software), by exploiting defects or errors in rules or system settings, or through any channel, route or method that is not official or authorised by us (including without limitation obtaining them by purchase, rental, borrowing, sharing or assignment), or maliciously exploit or damage paid services and benefits;
(2) use any one or more paid services or benefits for profit or unlawful gain, sell, transfer, license or otherwise transfer in any manner any one or more paid services or paid benefits you enjoy, or lend the Services or paid benefits to others for a fee;
(3) modify by unlawful means the service content, service term, consumption records, transaction status or the like of any one or more paid services purchased under a user account, or use purchased paid services by unlawful means or for unlawful purposes;
(4) crack, alter, reverse-operate, tamper with or otherwise damage any security measure or technology we use to protect the paid services and benefits, or assist others in doing so;
(5) use any one or more paid services or benefits to infringe our intellectual property, property rights, right of reputation or other lawful rights and interests, or those of any third party;
(6) use any one or more paid services or benefits to harm, or in a manner suspected of endangering, minors;
(7) engage in any other conduct that violates laws, regulations or regulatory policy, offends the principle of good faith, infringes the lawful rights and interests of third parties or of Morphly, or breaches this Agreement or the relevant platform rules.
If, when using "Morphly", you upload or enter sensitive information such as personal information or confidential information, you shall strictly comply with the relevant provisions of law, including obtaining lawful and valid consent. You must warrant that, when using the various features and services of "Morphly", the original content you upload, enter, submit, output or publish — images, photographs and other materials and data (the "Information Content") — is lawful and compliant and does not infringe the lawful rights and interests of any third party (including without limitation the right of likeness, personality rights, copyright and neighbouring rights, patent rights, trademark rights, right of reputation, right of honour, property rights, personal information and confidential information; the same below). If you breach this requirement, you must resolve the related dispute yourself and bear the related legal liability yourself, and we are entitled, upon receiving and verifying a complaint from the relevant rights holder in accordance with the relevant platform rules, to decide at our discretion to remove the infringing content, or to take measures within the scope of the Platform's authority to prohibit you from continuing to use that content; you bear any loss or adverse consequence caused to you thereby. Our provision of the relevant services to you does not constitute acknowledgement that the "Information Content" you upload and publish is lawful, compliant and non-infringing. Where we suffer loss as a result, we are entitled to seek indemnity from you and to take the measures set out in Article 8 of this Agreement as the circumstances warrant.
(1) suspension or termination initiated by you, including without limitation suspending or terminating a purchased paid service, allowing the term to expire without renewal, or deleting your user account;
(2) suspension or termination of the corresponding paid service initiated by us because of your breach;
(3) suspension or termination of the corresponding paid service by us at the requirement of the state or the relevant government regulator, or upon the occurrence of a force majeure event;
(4) other cases where the corresponding paid service should be suspended or terminated under laws and regulations.
(1) save for liability provided by law, we bear no liability to you or any third party;
(2) save as specially agreed in this Agreement, fees already collected are non-refundable;
(3) we have the right but not the obligation to ensure that your user data and information relating to the paid service concerned is retained.
While using the paid services, the following conduct is prohibited: (1) obtaining paid services and benefits by theft, by exploiting system vulnerabilities, or through unofficial channels or methods (including without limitation purchase, rental, borrowing, sharing or assignment), or maliciously exploiting or damaging paid services; (2) selling, transferring, licensing or otherwise transferring paid services or benefits for profit, or lending them for a fee; (3) unlawfully modifying service content, terms, consumption records, transaction status and the like, or using paid services for unlawful purposes; (4) cracking, tampering with, damaging or otherwise interfering with the security measures the Platform takes to protect the paid services and benefits, or assisting others in doing so; (5) using the paid services to infringe our intellectual property, property rights, right of reputation or other lawful rights and interests, or those of any third party; (6) using the paid services to harm or endanger minors; (7) any other conduct that violates laws, regulations, regulatory policy or the principle of good faith, infringes the lawful rights and interests of third parties or the Platform, or breaches this Agreement and the platform rules.
The images, materials, data and other content you upload, enter, submit, output or publish through "Morphly" (the "Information Content") shall be lawful and compliant and shall not infringe the lawful rights and interests of any third party (including without limitation the right of likeness, personality rights, copyright and neighbouring rights, patent rights, trademark rights, right of reputation, right of honour, property rights, personal information and confidential information). Where personal information or confidential information is involved, lawful and valid consent or authorisation shall be obtained in accordance with law.
If you breach the above provisions, you bear the related disputes and legal liability yourself. We are entitled, after verifying a complaint from the relevant rights holder, to remove the infringing content at our discretion or to prohibit you from continuing to use that content. You bear any loss caused to you thereby; where we suffer loss, we are entitled to seek indemnity from you and to take the measures under Article 8 of this Agreement as the circumstances warrant.
(1) issuing a warning by in-app message or other means and requiring rectification;
(2) taking one or more measures to stop your conduct and its consequences, such as restricting or prohibiting you from continuing to purchase any one or more paid services or from enjoying the corresponding benefits, deleting or blocking the relevant links or content, restricting or cancelling some or all of the entitlements or features of your account, and temporarily freezing or permanently banning or freezing your user account;
(3) immediately interrupting or terminating some or all of the paid services and corresponding benefits without notice to you, with the paid-service fees you have paid being non-refundable and attracting no compensation or indemnity of any kind;
(4) you shall be responsible for your unlawful or improper activation and use of any one or more paid services and for the legal consequences;
(5) the Platform is entitled to require you to disgorge any gains or unlawful profits (if any) obtained through sale, transfer, licensing or other means;
(6) if your conduct causes any loss to the Morphly platform and/or its affiliates, you shall bear full liability to indemnify that loss and shall complete payment within the period required by the Morphly platform;
(7) we and/or the Platform are entitled to require you to indemnify losses caused by your conduct (including without limitation compensation paid by us to third parties, administrative fines, notarisation fees, appraisal fees, travel expenses, legal fees, litigation costs and other reasonable expenses).
(1) the products and services are entirely suited to your requirements or fit for a particular purpose, or that any product, service or other information obtained through us will meet your expectations;
(2) the products and services will be uninterrupted, timely, secure, reliable, error-free or permanently available;
(3) any error in the products and services will be corrected;
(4) you will face no risk in the course of using the products and services.
We nevertheless welcome your valuable suggestions for enhancing and improving the features and services of Morphly; we will give full consideration to your reasonable suggestions and continually optimise the Platform's features and services.
(1) your account becoming invalid, being lost or being suspended;
(2) your use of an unverified account or an account not your own, or your account being frozen or sealed;
(3) property loss caused by your disclosing your password to others;
(4) property loss caused by your own intent or gross negligence.
Be adept at online learning; do not browse undesirable information;
Communicate honestly and amicably; do not insult or defraud others;
Strengthen self-protection awareness; do not arrange meetings with online acquaintances casually;
Safeguard network security; do not disrupt online order;
Be beneficial to physical and mental health; do not become addicted to virtual time and space.
(1) If the minor in your care purchases or uses any one or more paid services, you as guardian should guide and supervise their purchasing and use. If the minor in your care applies to register or sign in to a "Morphly" user account, we are entitled to assume that they have obtained your consent.
(2) When purchasing or using any one or more paid services, the minor in your care may use payment and top-up functions. As guardian, please safeguard your payment device, payment account and payment password, so as to prevent the minor in your care from using payment and top-up functions through your user account without your consent.
These Auto-Renewal Service Rules (these "Rules") are a supplement to the "Morphly" Paid Services Agreement and form an inseparable whole with it. Where the two are inconsistent, these Rules prevail. If you select a paid benefit that includes "weekly auto-renewing" or "yearly auto-renewing" and tick to agree to this Agreement or continue to act (including clicking, purchasing, paying or using), you are deemed to have agreed to these Rules.
You understand and agree that:
The Services are provided through In-App Purchase on the Apple App Store. If you choose to use the auto-renewal service, the subscription fee will be charged by Apple to the payment method associated with your Apple Account. Apple charges within 24 hours before the end of the current billing cycle; once the charge succeeds the subscription renews automatically and we extend the term of the corresponding paid service accordingly. We do not access or store your payment details, and we do not collect payment ourselves.
2. Types of auto-renewal service and billing cycles:
The auto-renewal types are "weekly auto-renewing" and "yearly auto-renewing", with corresponding billing cycles of "week" and "year" respectively (the product interface published and actually displayed when you purchase prevails). You may choose for yourself.
We may add to or adjust the types of auto-renewal service and the benefits they carry from time to time in line with business developments and changing user needs; the specific interface content and detailed description shown when you purchase the relevant paid service prevail.
3. Rules for auto-renewal deductions
(1) Charging, renewal, invoicing and refunds for the subscription are handled by Apple under the Apple Media Services Terms and Conditions; we take no part in the charging process;
(2) unless you cancel the subscription through your Apple Account at least 24 hours before the renewal date, or we cease to provide the auto-renewal service, the subscription will renew automatically, without limit as to the number of times;
(3) Apple attempts to charge within 24 hours before the end of the current billing cycle. If the charge fails because the payment method on your Apple Account has expired, has insufficient funds or for similar reasons, Apple will act under its own rules (which may include retrying the charge or suspending the subscription); the risk and/or loss arising from a failed renewal is borne by you;
(4) once the charge succeeds, the subscription renews automatically for the billing cycle you selected, and we extend the term of the corresponding paid service accordingly.
Please keep the payment method associated with your Apple Account valid.
4. Auto-renewal notices
Apple sends purchase receipts and renewal notices to the email address associated with your Apple Account. You may also check your current subscription status, next renewal date and price at any time in the subscription management section of your Apple Account.
5. Please note that we are entitled to adjust the prices of auto-renewal service plans for paid services.
If, during the term of your auto-renewal service, we adjust the price of the corresponding paid service for which you have activated auto-renewal, we will notify you by reasonable means such as publication in the product interface, platform announcement or in-app message, and Apple will also notify you under its own rules. Under App Store rules, a price increase requires your express consent in most cases; without that consent the subscription will not renew at the new price. If you do not agree to the price adjustment, you may cancel the subscription under Rule 7 below, and the term of the corresponding paid service will end on the expiry of the current billing cycle.
6. You are free to choose whether to continue using or to cancel the auto-renewal service.
If you choose to cancel the auto-renewal service, you must cancel the subscription through your Apple Account at least 24 hours before the end of the current billing cycle. After cancellation you may continue to use the service until the end of the current billing cycle, after which it will not renew. If you do not cancel within that time, Apple will charge for the next billing cycle as scheduled and the term of the corresponding paid service will be extended to the end of that cycle.
7. How to cancel
At least 24 hours before each renewal date, you may cancel at any time in iOS Settings → Apple Account → Subscriptions. The subscription renews automatically until you cancel.
Please note that cancellation takes effect only for renewals that have not yet occurred. For amounts Apple has already charged, refunds must be requested from Apple directly under Apple's refund policy; we cannot process them on your behalf.
8. We are entitled to cease providing you with the auto-renewal service in accordance with operational strategy.