Terms of Use - Smart Assistant

This Terms of Use (the "Terms") is entered into by and between you and Alibaba.com Singapore E-Commerce Private Limited or Alibaba (China) Technology Co., Ltd. (Hereinafter referred to as "we" or "us" or "Alibaba.com"). Please be sure to read and understand this Term carefully before using Service (as defined below).

1. Scope of the Services

1.1 The Services refer to Smart Assistant services which provide you with assistance powered by artificial intelligence in specific scenarios.

1.2 The User refers to an individual or organization that has registered for an account on Alibaba.com, and uses the Services. The User is mostly referred to as "you" in this Term.

2. Use of the Services

2.1 You are responsible for the authenticity, legality, harmlessness and validity of the information transmitted by using the Services. Except as otherwise provided by law, the legal responsibility related to the information transmitted by you shall be borne by you. You ensure that you shall not use the Services to engage in activities prohibited by laws and administrative regulations such as endangering national security and social public interests, disrupting economic and social order, and infringing on the legitimate rights and interests of others, and ensure that the input information does not contain the following content that violates laws and regulations, is politically relevant, and infringes on the legitimate rights and interests of others:

(1) Endangering national security, divulging state secrets, subverting state power, and undermining national unity;

(2) Damaging national honor and interests;

(3) Inciting ethnic hatred, ethnic discrimination, and undermining national unity;

(4) Undermining the state's religious policy, promoting cults and feudal superstitions;

(5) Spreading rumors, disturbing social order and undermining social stability;

(6) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime

(7) Insulting or slandering others, infringing on the legitimate rights and interests of others;

(8) Information containing other contents prohibited by laws and administrative regulations or contrary to public order and morals and social ethics.

2.2 You confirm, warrant and agree that:

(1) The content transmitted or disclosed when using the Services does not contain any confidential information, sensitive information or unauthorized personal information;

(2) We reserve right to determine whether your relevant behavior is suspected of violating the use norms under Clause 2 of the Term in accordance with relevant laws and regulations, this Term and to suspend or terminate your use of the Services or to take other restrictive measures at our sole discretion.

(3) Based on the user experience, service rules, healthy development and other comprehensive factors, we have the right to choose the object of providing the Services without violating the laws and regulations, and have the right to decide the function setting, whether and how to integrate the Services into other products, and whether to suspend or terminate the provision of the Services.

3. Authorization of the Services

3.1 You have control over your personal information. You can learn more about our protection and handling of your personal information through the Privacy Policy of Alibaba.com. At the same time, we will promptly accept and process your request for access, copying, correction, supplementation and deletion of personal information in accordance with the applicable law.

3.2 The information other than personal information (including content protected by intellectual property rights such as text, images and videos that you transmit or disclose) that you transmit or disclose when using the Services does not transfer rights as a result of the act of uploading or submitting. You agree that we may, within the scope permitted by laws and regulations, use such information to achieve the purpose of our Services (to provide the Services, to maintain and improve the Services, and to optimize the quality of the Services, etc.), to fulfill your instructions, to safeguard the national interest, to safeguard the public interest, to safeguard the legitimate rights and interests of you and third parties and/or to meet the relevant requirements of laws and regulations.

3.3 You acknowledge, confirm and agree that:

(1) To enhance better customer service and experience for you and other users, this Services may utilize or include services ("Third-Party Services") provided by third parties ("Third Parties"). Consequently, certain information transmitted or disclosed by you while using this Service will be processed through Third-Party Services;

(2) Some of the information you transmit or disclose when using the Services will be shared with Alibaba.com's affiliates (Alibaba.com's affiliates refer to entities that directly or indirectly controls, is controlled by or is under common Control with Alibaba.com);

(3) We do not have the right to grant you any right to use the Third-Party Services in this Term, nor do we have the right to provide any form of warranty or support for the Third-Party Services. Any disputes arising from your use of the Third-Party Services may be resolved through negotiation with the Third Party directly;

(4) If you do not want the Third Party to obtain your information, you can stop using the Third-Party Services and we will stop transmitting your information to the Third Party;

(5) The content generated by such Third-Party Services may be defective, incorrect and/or unreasonable. Please make the necessary checks before using such part of the content. We do not guarantee the accuracy, completeness and functionality of the content generated by such Third-Party Services, and the Content generated by such Third-Party Services does not represent our attitudes or opinions, nor does it constitute any advice or commitment;

(6) We cannot guarantee that content generated by such Third-Party Services does not and/or will not infringe or violate any third-party rights of any kind, including, without limitation, any privacy, patents, copyrights, trademarks, trade secrets or other third-party or intellectual property rights. We shall not be liable for any disputes arising therefrom;

(7) We shall not be liable in any way for all actions taken by you with respect to the content generated by such Third-Party Services and the consequences thereof, unless expressly provided for in this Term. In the event where you find that the content generated by such Third-Party Services infringes any type of third-party rights and/or violates laws and regulations, you may provide feedback through the reporting portal. We will promptly accept, process and feedback the results of the processing；

(8) You shall indemnify us in full against any losses, liabilities, penalties incurred by us as a result of your use of the Services and/orThird-Party Services.

4. Modification of the Services

4.1 You know and agree that we may change the terms and conditions under this Term in accordance with relevant laws and regulations, this Term and its Supplements for the purpose of providing the Services and protecting consumer rights and interests.

4.2 In order to improve the user experience and perfect the content of the Services, we may change, upgrade, modify or transfer the Services and its related functions from time to time, and will develop new functions or other services in the Services (these updates may take the form of software replacement, modification, functional adjustment, version upgrade, etc.).

5. Force Majeure

Under no circumstances shall we be liable for any inaccessibility of the Services, interruption of the Services, delays, stagnation or errors in information and data, failure to provide the Services or delays in providing the Services due to failure of network connections, power failures, strikes, labor disputes, riots, insurrections, disturbances, fires, floods, storms, explosions, force majeure, wars, acts of government, orders of international and domestic courts, hacking, Internet viruses, technical adjustments by network operators, temporary governmental controls, or any other cause not reasonably controllable by us.

5.2 The execution, performance and interpretation of and settlement of disputes under this Term shall be governed by the laws of Hong Kong.

5.3 Any dispute, controversy or claim arising out of or in connection with this Term, including any question regarding its existence, validity or termination, shall be first settled through friendly consultations between the Parties. In the event that no settlement is reached within thirty (30) days from the date of notification by either Party to the other that it intends to submit a dispute, controversy or claim to arbitration, then such dispute, controversy or claim shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration and as may be amended by the rest of this Clause. The arbitration institute shall be the Hong Kong International Arbitration Centre (“HKIAC”) and the place of arbitration shall be in Hong Kong at HKIAC. The language of the arbitration shall be English. The tribunal shall consist of three arbitrators. Each of the Parties shall select an arbitrator. The third and presiding arbitrator shall be selected by HKIAC. The arbitral award shall be final and binding upon the Parties.