Terms of Service

Last Updated: December 30, 2025

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and BabaCloud Limited ("BabaCloud", "we", "us", or "our").

2. Eligibility

To use our Services, you must:

• Be at least 13 years old (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Not have been previously suspended or removed from our Services

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Not share your account credentials with others
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services for lawful personal and business communication purposes in accordance with these Terms.

4.2 Prohibited Activities

You agree NOT to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in harassment
• Distribute malware, viruses, or other harmful code
• Engage in phishing, fraud, or deceptive practices
• Share illegal content, including child exploitation material
• Promote violence, terrorism, or hate speech
• Impersonate others or misrepresent your identity
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt our Services or servers
• Reverse engineer, decompile, or disassemble our software
• Use automated systems to access our Services without permission
• Collect user information without consent
• Engage in any activity that could damage our reputation

5. User Content

5.1 Your Content

You retain ownership of any content you create, upload, or share through our Services ("User Content"). By sharing User Content, you grant us a limited license to:

• Store and transmit your content to intended recipients
• Process your content as necessary to provide our Services
• Create backups for service reliability

5.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to share your content
• Your content does not violate any laws or these Terms
• Your content does not infringe on any third-party rights

5.3 Content Removal

We reserve the right to remove or disable access to any content that violates these Terms, without prior notice. We are not obligated to monitor all content but may do so at our discretion.

6. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

7. End-to-End Encryption

Our chat services utilize end-to-end encryption to protect your communications. You understand that:

• We cannot access the content of encrypted messages
• You are responsible for protecting your encryption keys
• Loss of encryption keys may result in permanent loss of message access
• Certain features may require different encryption settings

8. Intellectual Property

8.1 Our Rights

All intellectual property rights in our Services, including software, designs, logos, and trademarks, are owned by or licensed to BabaCloud. You may not use our intellectual property without prior written consent.

8.2 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without any obligation to you.

9. Third-Party Services

Our Services may integrate with or contain links to third-party services. We are not responsible for third-party services and recommend reviewing their terms and privacy policies. Use of third-party services is at your own risk.

10. Payment and Subscription

10.1 Premium Services

Some features may require payment. By purchasing premium services, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide accurate billing information
• Authorize us to charge your payment method

10.2 Refunds

Refunds are handled on a case-by-case basis. Please contact our support team for refund requests. Digital services may have limited refund availability as permitted by law.

10.3 Price Changes

We reserve the right to modify pricing at any time. Price changes will be communicated in advance and will not affect current subscription periods.

11. Service Availability

We strive to provide reliable Services but do not guarantee uninterrupted access. We may:

• Perform maintenance that temporarily affects availability
• Modify, suspend, or discontinue features with reasonable notice
• Experience outages due to circumstances beyond our control

12. Disclaimer of Warranties

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• BabaCloud shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the past 12 months, or $100 USD, whichever is greater
• We are not liable for any loss of data, profits, or business opportunities
• These limitations apply regardless of the theory of liability

14. Indemnification

You agree to indemnify, defend, and hold harmless BabaCloud and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

15. Termination

15.1 By You

You may terminate your account at any time by deleting your account through the app settings or contacting our support team.

15.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• We are required to do so by law
• Your account poses a security risk
• We discontinue our Services

15.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. Sections that by their nature should survive termination will remain in effect.

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong SAR, without regard to conflict of law principles.

16.2 Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration, except where prohibited by law. You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

16.3 Exceptions

Notwithstanding the above, either party may seek injunctive relief in court for intellectual property infringement or other urgent matters.

17. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and BabaCloud.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
• Notices: We may send notices via email, in-app notifications, or posting on our website.

18. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through:

• Email notification
• In-app notification
• Prominent notice on our website

Continued use of our Services after changes constitutes acceptance of the modified Terms.

19. Contact Information

For questions about these Terms, please contact us:

• Email: tasker@babacloud.com
• WhatsApp: +852 5925 7033