Welcome to the NiceTalker software and related services!
The NiceTalker software and related services refer to the client application labeled "NiceTalker" provided to you by Shenzhen Liyu Information Technology Co., Ltd., which is legally owned and operated by the company. This includes any new features and versions of the application provided to you as products and services, hereinafter referred to as "NiceTalker services". Please make sure to carefully read the following terms in this agreement, including the privacy policy terms incorporated by reference. If you do not agree to all of these terms and conditions, please do not access or use any part of the app and services. NiceTalker reserves the right to independently modify these terms and conditions, including any other policies incorporated therein, by publishing changes on this page at any time and indicating the latest revision date of these terms at the top of this page. Please note that any such modifications will take effect immediately upon their publication.
NiceTalker is a language learning software that allows users to improve their foreign language skills through interactive dialogues with AI language partners and coaches.
The services may include sending push notifications, messages, and emails through various communication channels. You may disable push notifications at any time by changing your notification settings (if applicable). By accepting these terms and conditions, you hereby warrant that you have the authority to enter into this agreement in a personal capacity.
1 You need to register with NiceTalker to access and use certain features of the services. By choosing to register for the services, you agree to provide and maintain accurate, current, and complete information about yourself as prompted by the service registration. The registration data and certain other information about you are subject to our privacy policy. If you are under 18 years old, regardless of registration, you can only use this service with the consent of your parents or legal guardian.
2 Membership accounts, passwords, and security: You are responsible for maintaining the confidentiality of your password and account (if any) and are fully responsible for all activities that occur under your password or account. You agree to immediately notify NiceTalker of any unauthorized use of your password or account or any other security breach and to ensure that you exit and/or lock your account at the end of each session when accessing the services, as well as protect the password for the device used to access the services. NiceTalker shall not be liable for any loss or damage arising from your failure to comply with this section.
3 After completing the NiceTalker account registration and login, you can browse and modify the personal identity information that you have submitted at any time.
The company is committed, together with you, to the protection of your personal information (i.e. information that can independently or in combination with other information identify the user's identity).
Protecting user's personal information is one of the fundamental principles of the company. In the process of using NiceTalker services, you may need to provide your personal information (including but not limited to your name, profile picture, etc.) in order for the company to provide you with better services and corresponding technical support. For more information on the protection of users' personal information, please refer to the "NiceTalker Privacy Policy".
You are responsible for your use of this software and related services. Unless permitted by law or with the prior written permission of the company, your use of NiceTalker services shall not involve the following behaviors:
1 Interfering, damaging, modifying, or exerting any other influences on the normal operation of NiceTalker services using any unauthorized plugin, add-on, system, or third-party tool without the authorization or permission of the company.
2 Engaging in any activities that harm the security of computer networks, including but not limited to:
Engaging in illegal intrusion into others' networks, disrupting the normal functions of others' networks, or stealing network data that undermines network security.
Providing programs or tools specifically used to engage in activities such as invading networks, disrupting the normal functions and protective measures of networks, and stealing network data that harm network security.
Providing technical support, advertising promotion, payment settlement, and other assistance to those who are known to engage in activities that harm network security.
Using unauthorized data or gaining access to unauthorized servers/accounts.
Entering public computer networks or others' computer systems without permission and deleting, modifying, or adding stored information.
Attempting to explore, scan, and test the vulnerabilities of the "NiceTalker" system or network, or engaging in other activities that disrupt network security without permission.
Attempting to interfere with or disrupt the normal operation of the "NiceTalker" system or website, intentionally spreading malicious programs or viruses, and engaging in other behaviors that damage or interfere with normal network information services.
Forging the TCP/IP packet name or part of it.
Reverse engineering, reverse compiling, compiling, or attempting to discover the source code of this software in any other way with regard to NiceTalker services.
Maliciously registering NiceTalker service accounts, including but not limited to frequent or bulk registration of accounts.
Engaging in other behaviors that violate laws and regulations, this agreement, company's relevant rules, infringe on the legitimate rights and interests of others.
3 If the company has reason to believe that your behavior violates or may violate the above agreements, the company may independently make judgments and handle the matter and is entitled to terminate the provision of services to you at any time without prior notice and hold you accountable for any related responsibilities.
1 Without the written permission of the company, you are not allowed to engage in the following activities related to the information content in the NiceTalker service either by yourself or authorized, permitted, or assisted by any third party:
Copy, read, or adopt the information content of the NiceTalker service for commercial purposes, including but not limited to advertising, increasing the number of views, and browsing;
Edit, organize, or arrange the information content of the NiceTalker service and display it outside the source page of the NiceTalker service without permission;
Use any form of identification method, including but not limited to special symbols, special codes, etc., to generate traffic, guide, transfer, or hijack the reading volume of the NiceTalker service, either by yourself or assisting a third party, which may have adverse impacts;
Engage in any other illegal activities of obtaining or using the information content of the NiceTalker service.
2 After obtaining written permission from the company, users must also comply with the following standards for sharing and forwarding the information content of the NiceTalker service:
Without prior written consent from the company, users are not allowed to disclose, provide, or leak any data such as relevant search terms, hit rate, classification, search volume, click-through rate, and reading volume obtained through grabbing, statistics, or other means to any third party;
Users are not allowed to make any changes to the source webpage of the NiceTalker service in any form, including but not limited to the homepage link of the NiceTalker service, and are also not allowed to obstruct the display of the source page of the NiceTalker service in any form, such as overlays, inserts, and pop-ups;
Users should take secure, effective, and stringent measures to prevent any form of unauthorized access to the information content of the NiceTalker service by third parties, including but not limited to "spider" programs;
Users are not allowed to use the relevant data content for any purposes outside the scope of the company's written permission, engage in any form of sales and commercial use, or disclose, provide, or allow third parties to use it in any way;
Users should also comply with other regulations and standards established by the company for sharing, forwarding, and copying the information content of the NiceTalker service to any third party.
3 General practices regarding usage and storage: You acknowledge that NiceTalker may establish general practices and limitations concerning the use of the service, including but not limited to the maximum duration for data or other content retention and the maximum storage space allocated to you on the NiceTalker server. You agree that NiceTalker bears no responsibility for any data or other content that is deleted or fails to be stored due to service maintenance or transmission. You acknowledge that NiceTalker reserves the right to terminate long inactive accounts. Furthermore, you confirm that NiceTalker reserves the right to change these general practices and limitations at any time without notice.
1 Certain services and features are only available under a monthly/yearly subscription ("Paid Content"). By subscribing to Paid Content, you agree to pay any fees presented to you. If the payment plan is based on a recurring subscription, you agree to pay the fees in accordance with the applicable billing cycle. You acknowledge and agree that you are solely responsible for all applicable charges and fees incurred, including applicable taxes, as well as all subscription fees and purchases made by you or anyone using your account. If you are acting on behalf of an entity, you represent that you have been authorized to act on behalf of said entity. Please note that NiceTalker utilizes third-party payment processors such as Apple's AppStore to facilitate payment for services. Your purchases will be subject to the applicable payment policies, terms of use, refund policies, and any other applicable policies set by the Apple App Store. You may cancel such paid subscriptions through the Apple App Store in accordance with its applicable terms and payment policies.
2 When you subscribe to Paid Content, NiceTalker may choose to offer a trial period during which you may access this Paid Content for free or at a reduced price ("Trial Period"). This may vary depending on promotional activities, subscription types, and terms chosen by you at the time of purchase. NiceTalker reserves the right to determine your eligibility for participation in a Trial Period and may cancel or modify the terms of the Trial Period at any time within the limits permitted by applicable law, without notice and/or liability to you. NiceTalker may require you to provide valid payment information to initiate the Trial Period. By providing this information, you agree that unless you choose to cancel your paid subscription before the end of the Trial Period, NiceTalker may automatically begin charging you for the Paid Content, starting from the first day following the end of the Trial Period, on a monthly (or other recurring) basis as notified to you, until you cancel the subscription for such Paid Content through the Apple App Store. If you do not wish to be charged, you may cancel your subscription for the Paid Content before the end of the Trial Period. By canceling the subscription for Paid Content, your account will only have access to services that are available for free.
In response to your violation of this agreement or other terms of service, the company reserves the right to independently assess the situation and take various actions, including issuing warnings, refusing to publish, immediately ceasing the transmission of information, deleting content or comments, temporarily prohibiting speech, restricting account functions partially or entirely, terminating the provision of services until permanently closing the account. The company also reserves the right to announce the results of the handling and decide whether to reinstate the use of relevant accounts based on the actual circumstances. For behaviors suspected of violating laws and regulations or involving illegal activities, the company will retain relevant records and report to and cooperate with relevant authorities in accordance with the law.
If your violation of this agreement or other terms of service causes complaints or claims from third parties, you shall handle it on your own and assume all legal liabilities that may arise as a result. If your illegal or breaching behavior leads to the company and/or its affiliates compensating any third party or being penalized by government agencies, you shall also fully compensate the company and/or its affiliates for all losses suffered.
The company respects and protects the legitimate rights and interests of users and others in terms of intellectual property rights, reputation rights, name rights, privacy rights, and other rights. You guarantee that the texts, audio, images, and other content uploaded during the use of NiceTalker services do not infringe upon the intellectual property rights, reputation rights, name rights, privacy rights, and other legitimate rights and interests of any third party. Otherwise, the company has the right to remove the allegedly infringing content upon receiving notifications from rights holders or relevant parties. Regarding all rights claims raised by third parties, you shall handle it on your own and assume all legal liabilities that may arise as a result. If your infringement causes losses to the company or its affiliates (including economic, goodwill, and other losses), you shall also fully compensate the company or its affiliates for all losses suffered.
1 The intellectual property rights of the content provided by the company in the NiceTalker service (including but not limited to software, technology, programs, webpages, texts, images, graphics, audio, videos, charts, layout designs, and electronic documents) belong to the company. The copyrights, patent rights, and other intellectual property rights of the software relied upon by the company in providing this service are all owned by the company. Without the company's permission, no one shall use them without authorization (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, or downloading content from the NiceTalker service through any robot, spider, or other program or device).
2 The company provides technical support for the development and operation of NiceTalker and enjoys all rights within the legal framework regarding all data and information generated during the development and operation of NiceTalker.
3 Please do not use any trademarks, service marks, trade names, domain names, website names, or other prominent brand features of the company, including but not limited to "NiceTalker," without the company's prior written consent in any circumstance. You shall not display, use, or apply for trademark registration, domain name registration, or any other way to exhibit, use, or handle such marks alone or in combination with any other information, nor shall you explicitly or implicitly imply that you or any third party associated with you have the right to display, use or handle such marks. If you cause loss to the company or others by violating this agreement and using the aforementioned marks, you shall bear all legal responsibilities.
1 You understand and agree that NiceTalker services may be affected or interfered with by various factors, and the company does not guarantee (including but not limited to):
The service fully meets the user's usage requirements;
The service is uninterrupted, timely, secure, reliable, or error-free;
Any software, service, or other materials obtained by the user from the company meeting the user's expectations;
Any errors in the service are being corrected.
2 During the use of the service, factors such as force majeure may occur (force majeure refers to objective events that cannot be foreseen, overcome, or avoided), including but not limited to government actions, natural disasters (such as floods, earthquakes, typhoons, etc.), wars, strikes, riots, etc. In the event of force majeure, the company will make efforts to repair it in a timely manner, but the company shall be exempt from liability for losses caused by force majeure within the scope permitted by laws and regulations.
3 The company does not provide any type of express or implied warranty or condition, including but not limited to merchantability, fitness for a particular purpose, etc. You should bear the corresponding risks for your use of the service. NiceTalker services are based on artificial intelligence and machine learning. In addition to pre-set conversation exercises, the app can respond to your inputs and engage in conversation with you. However, the output of the app, especially the conversation with language partners, highly depends on your input. The app prohibits explicit, obscene, offensive, abusive, racist, hate-based, or other related content. Any response generated by the app to such content (or any other content you input) is not endorsed by NiceTalker, and no medical or psychological services are provided, and no responsibility is assumed in this regard. If you believe you have a medical or psychological emergency, please call the emergency room or go to the nearest open clinic or emergency room.
4 The related information of Ai language partners in the product, including names, personalities, avatars, and other identity information, as well as free-text and voice audio from conversations, are all generated by Ai and do not specifically refer to any real individuals. Any resemblance is purely coincidental.
5 You understand and agree that this agreement is formulated to comply with national laws and regulations, maintain public order and good customs, and protect the legitimate rights and interests of others. The company makes the greatest efforts to make judgments in accordance with relevant laws and regulations within its capabilities, but it does not guarantee that its judgments will completely coincide with those of judicial or administrative authorities. You understand and agree to bear any consequences arising from this on your own.
6 Under no circumstances shall the company be liable for any indirect, consequential, punitive, incidental, special, or penal damages, including loss of profits suffered due to your use of NiceTalker services. The company's total liability to you, for any reason or in any form of action, shall never exceed the fees you paid to the company for using NiceTalker services (if any).
7 You understand and agree that the company has the right to determine the settings and scope of services/functions based on specific circumstances or to decide to modify, interrupt, suspend, or terminate NiceTalker services, for the overall operation of the service and the security of the platform.
If you are a minor under the age of 18, you may use NiceTalker services only under the supervision, guidance, and consent of your parents or other guardians after reading and agreeing to this agreement.
The company values the protection of minors' personal information. When minors fill in personal information, they should enhance their awareness of personal protection and treat it cautiously. Please use NiceTalker services correctly under the guidance of a guardian. If your ward uses NiceTalker services, as a guardian, you should guide and supervise their usage behavior. If your ward applies for a "NiceTalker" account, the company will assume that they have obtained your consent.
Your ward may use the recharge function when using NiceTalker services. As a guardian, please keep your payment devices, payment accounts, and payment passwords secure to prevent your ward from using the recharge function without your consent.
To better protect the privacy rights and interests of minors, the company reminds you to be cautious when publishing content containing materials about minors. Once published, it will be deemed that you agree to NiceTalker services displaying information, portraits, voices, etc. of minors and allow the company to use and process content related to minors according to this agreement.
1 In order to provide you with better services or adjustments in national laws, regulations, and policies, NiceTalker services will be updated and changed from time to time. We will revise this agreement in a timely manner, and these revisions constitute a part of this agreement. After the update of this agreement, we will release the updated version on "NiceTalker" so that you can timely understand the latest version of this agreement. You can also check the latest version of the agreement terms on the homepage of the website or in the software settings. If you continue to use NiceTalker services, it means you agree to accept the revised content of this agreement.
2 If you have objections to the modified agreement terms, please immediately stop logging in or using NiceTalker services. If you continue to log in or use NiceTalker services, it will be deemed that you recognize and accept the modified agreement terms.
3 The headings in this agreement are for convenience of reading and do not affect the meaning or interpretation of any provisions in this agreement.
4 Feedback and Complaints: support@NiceTalker.tech