Terms of Service
Welcome to the OOOPEN Lab Service (the "Services"), established and operated by 超開放股份有限公司 OOOPEN Lab Inc. (collectively, “OOOPEN Lab”, the "Company", “we”, “our”, or “us”). Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to the person(s) or entity using the Services (as defined below), subject to these Terms (as defined below). If you accept these Terms on behalf of a company or other juridical person, you represent and warrant that you have the authority to bind that entity or other juridical person to these Terms and, in such event, “you” and “your” will refer and apply to that entity.
The Services are made available on a membership-only basis and require user registration and acceptance of these terms and conditions as stated herein, including (1) our Privacy Policy and (2) any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (the “Documentation”), which shall both be incorporated herein by reference (collectively, the “Terms”).
These Terms constitute a legally binding agreement between you and the Company and govern your use of the Services. You are required to read these Terms carefully prior to completing your registration or using the Services, which includes your use of (https://ooopenlab.cc/) (the “Website”).
The Services are the sole property of OOOPEN Lab. OOOPEN Lab reserves the right to make changes to the Services or updates to these Terms, including adding to or modifying the Services and suspending, discontinuing, or otherwise terminating your access to all or a portion of the Services, with or without advance notice or cause, and at any time based on OOOPEN Lab’s sole discretion.
It is your responsibility to review these Terms periodically for updates thereto. Accessing and/or using the Services in any manner constitutes your express acceptance and agreement to these Terms at all times. If you disagree with or wish to reject any portion of these Terms at any time, you will become ineligible for membership and therefore agree to immediately cease all access to and/or use of the Services. Notwithstanding the foregoing, your continued use of the Services shall mean that you expressly accept and agree to these Terms and any subsequent updates thereto upon their posting date.
1. Access to the Services
1.1 Your access to the Services will vary depending on your status as a registered or unregistered user. Notwithstanding the foregoing, all users are entitled to certain basic rights and obligations as defined herein, regardless of their registration status.
1.2 The Services
1.2.1 The Company provides an Interactive Game Module Tool Service to assist you in creating surveys, quizzes, lotteries, and other interactive games (collectively referred to as "Interactive Content") on the Company’s website (https://ooopenlab.cc/).
By utilizing the services provided by the Company, you can publish surveys, quizzes, lotteries, and other interactive games to engage with your users and use the tools provided by the Company to conduct post-survey analysis and marketing campaigns.
Additionally, the Company offers services such as viewing gameplay records, saving game projects, and unlocking game tasks.
1.2.2 Unregistered users may respond and engage with Interactive Content published by registered users.
[For Users Located in Thailand]
User Role Definitions
1.2.1 Registered Users: Depending on their use of the Services, registered users include the following categories:
(1) Creator: A user who uses the Company's interactive game module tool service to create and publish surveys, quizzes, lotteries, and other interactive content on the Company's website, and uses the Company's tools to conduct post-response analysis and marketing activities.
(2) Registered Player: A user who has completed account registration and participates in or responds to surveys, quizzes, lotteries, and other interactive content provided by Creators on the platform.
1.2.2 Unregistered Users (Guest Players): Users who have not registered an account and directly respond to or participate in surveys, quizzes, lotteries, and other interactive games provided by Creators.
1.3 Users shall accept these Terms of Service and any other related policy announced by the Company or the OOOPEN Lab’s Service. Users also agree to review and acknowledge any updates to these Terms of Service.
1.4 The rights you enjoy after registration will not be less than those of unregistered users, and the obligations you should fulfill will not be greater than those of unregistered users.
1.5 If you are a registered user, the Company will provide the OOOPEN Lab’s Service to you from the time you register your account and receive the notification of the establishment of the Service from the Company. If you are an unregistered user, the Company will provide the OOOPEN Lab’s Service to you from the time you start filling out, experiencing the surveys, quizzes, lotteries, or interactive games provided by registered users, and until you complete filling out and experiencing them.
1.6 Regardless of registration, users of the free plan agree that the Company may place advertisements in any Interactive Content published under the free plan. Users also agree and authorize the Company to list such Interactive Content on the OOOPENquiz (https://ooopenlab.cc/fun or https://ooopenlab.cc/en/fun). For provisions regarding intellectual property rights, please refer to Article 11 of these Terms.
2. Account Registration and Review
2.1 Natural Person
2.1.1 If you are a natural person accessing or using the Services, you certify that the personal information provided to us is complete, accurate, and current, including but not limited to: your name, contact number, valid email address and other information required by the Services. You also agree to update your registration to reflect any changes to your personal information. By registering as a member on the Website, you further agree to our collection, processing and use of the personal information provided thereon, in accordance with our Privacy Policy, and within the scope of the purpose of providing or improving the Services.
2.1.2 If you are between the ages of 13 and under 18, your parent or guardian must read, acknowledge and agree to all the contents of these Terms before you register an account or use the OOOPEN Lab’s Service.
Users must be at least 13 years of age if in the United States or the age required for consent to receive online services wherever the User is located in order to be eligible to register an account on the Website or to otherwise access or use the Services.
[For Users Located in Thailand]
Age of Majority (20 Years) and Consent
For users subject to Thai law, the legal age of majority is 20 years old. If you are under 20 years old (or a minor under Thai law), pursuant to Section 20 of the Thai PDPA, you must obtain the consent of a parent or legal guardian prior to registering an account or providing personal data on this platform.
2.2 Group or Juridical Person
2.2.1 If you represent a group or juridical person accessing or using the Services, you certify that the information provided on such group or juridical person’s behalf is complete, accurate, and current, including but not limited to: your registered name, contact number, valid email address and other information required by the Services. You also agree to update your registration to reflect any changes to your information. By registering as a member on the Website, you further agree to our collection, processing and use of the information provided thereon, in accordance with our Privacy Policy, and within the scope of the purpose of providing or improving the Services.
2.2.2 If you represent a group or juridical person, you hereby certify that you have obtained the agency or authorization of such group or juridical person before registering an account and using the Services. We may also require you to provide relevant documents (including but not limited to company registration information card, identity documents of the person in charge, corporate seal and stamp, etc.), in our sole discretion, to verify the entity or organization you represent.
2.3 If your corresponding Facebook, Google, or other social media account(s) used to register for the Services is suspended or permanently deleted for any reason, you may be unable to access the Services and we will not be liable for any damages or inconvenience caused by such interruptions to your access.
2.4 You agree to assume all responsibility to maintain the confidentiality of your account registration details and password for the Services. You further acknowledge that you will be fully responsible for all activity associated with your account unless it is legally proven that your account and password have been subject to unauthorized access by a third party and, where appropriate, confirmed by judicial authorities.
2.5 If you discover that your account has been compromised or misused by someone other than you, please notify us immediately via our official contact information posted on the Website (please refer to Article 19 of these Terms). After receiving the notification and confirming the situation complies with our account suspension policy, we will suspend all transactions and subsequent use of the account. We will not assume any responsibility in connection with damages suffered as a result of your failure to immediately notify us of any unauthorized account access or activity in accordance with these Terms.
2.6 If your account and password has been compromised in any way, the Company may immediately suspend access to your account and the Services without notice in order to protect your rights and the security of the Services. If you are able to prove that your account has not been compromised and that there is no unauthorized usage, and upon the company’s confirmation of the same, the Company may restore access to your account.
2.7 If your legal or contact information changes after registering your account, you agree to promptly update your account information on the Company’s website following any changes or notify the Company in writing within three (3) business days. You will be solely responsible for any damages resulting from your failure to receive communications from us if you do not update your contact information in a timely manner as specified herein.
3. Subscription Plans
3.1 Unless otherwise specified on the Company’s Website or in the Company’s Documentation, registered users must either make payments according to their chosen paid plan or opt for the free plan to publish Interactive Content. You can find detailed information about the Company’s various paid subscription plans on the Company’s Website: https://ooopenlab.cc/en#plans
If your subscription plan expires or your plan’s quota is exceeded, the Company reserves the right to remove your surveys, quizzes, lotteries, or other interactive content from the Website. Additionally, your account may be restricted from accessing some or all features of the Services until all outstanding payments are settled.
3.2 The usage period for the service payment plan begins from the moment you select the payment plan and complete the payment transaction, and ends on the expiration date calculated according to the number of days in your subscribed plan. For refund requests, please refer to Article 8.
3.3 The company will send an electronic Payment Successful Notification based on the payment package you selected once your payment has been successfully processed.
3.4 If you violate any of these Terms or engage in any behavior prohibited by these Terms or laws, we may terminate or suspend your access to the Services without refund.
3.5 We reserve the right to terminate your access to the Services at any time based on our sole discretion. If we terminate your access to any paid Services for reasons unrelated to your breach of these Terms or laws, the Company may, at its sole discretion, issue you a prorated refund for the unused portion of your subscription, as calculated by the portion of the subscription term which has elapsed (Calculated monthly), without interest.
3.6 We reserve the right to modify the content of any promotional activities launched in connection with the Services at any time, upon our sole discretion, and we shall not be held responsible for any damages or inconvenience which may result from the modification of any such promotional activities.
4. Advertising and Links to Third Party Websites or Resources
4.1 The Company has the right to place or embed advertisements or provide any links to third party websites or resources on the Website(includes Interactive Content). The company may also deliver advertisements to you through additional features of website analytics tools such as Google Analytics, Facebook Pixel, and Plausible. However, the Company is not responsible for the content, products, or services on the advertisements or linked third party websites or resources listed or embedded on the Website. You agree to assume all risk which may arise from ultimately clicking, visiting, or using any third-party website or resource advertised or linked on the Website, and you are solely responsible for all consequences thereof.
4.2 You agree that the Company may, from time to time, send electronic newsletters, product, or service messages (“EDM”) to the e-mail you have provided to us. You may unsubscribe from EDM at any time, and we will cease sending any marketing messages EDM upon confirmation of your request.
[For Users Located in Thailand]
Marketing Communications Consent
Sending commercial marketing messages or newsletters to Thai users requires their direct and independent consent. Users may refuse further marketing messages at any time, free of charge, through the unsubscribe link in marketing emails.
4.3 You acknowledge and agree that by publishing or participating in any Interactive Content on the Website, you expressly authorize us to use any such Interactive Content or results therefrom to promote and market the Services and our Company. Methods of use include, but are not limited to, publishing Interactive Content and its corresponding results or data in the company’s community, on other public forums on the Website, or on public display in Company speeches, promotions, and/or presentations.
5. Responsibilities of the Users
5.1 You expressly warrant and agree that your use of the Services shall comply with the relevant laws of the Republic of China (Taiwan), common principles of public policy and good morals, as well as international practices for Internet usage. If you use the Services outside of the Republic of China (Taiwan), you shall also comply with the applicable local laws of your jurisdiction.
5.2 The Company does not assume any obligation whatsoever to actively verify the legality of your actions as described in the preceding clause but reserves the right to conduct such verification upon its discretion. If your use of the Services involves violations of laws or public policy and good morals, the Company reserves the right to suspend your access to the Services. In the event that the Company incurs damages or expenses as a result of your conduct, you agree to indemnify the Company and assume responsibility for the resulting damages.
5.3 You agree to maintain the accuracy of all information you provide to us in connection with the Services, including information published on the Website as Interactive Content, whether by you or on your behalf, which may be accessible to other users or third parties. You further agree to indemnify the Company for any inaccuracies of information attributable to you or your Interactive Content which results in damages to any third party.
6. User Prohibitions
6.1 When using the Services, you agree to refrain from:
6.1.1 Using another person’s name to register for an account or to provide false personal information when registering for an account.
6.1.2 Impersonating or stealing other members’ accounts; or sharing personal accounts with third parties; or borrowing third party accounts for use.
6.1.3 Publishing or sending spams, advertisements, chain letters, illegal or unauthorized multi-level marketing messages and advertisements; or uploading, transmitting, inputting, publishing or storing any data that infringes the intellectual property rights of others or violates the law.
6.1.4 Engaging in criminal activities, infringing upon the rights of third parties, engaging in unauthorized or unlawful behavior, or violating public policy and/or morals.
6.1.5 Disseminating hate speech, discriminatory remarks, or speech related to terrorist activities, or engaging in related behaviors.
6.1.6 Causing confusion or misunderstanding among other users or third parties regarding the content of the Services.
6.1.7 Maliciously interfering with the use of the Services by other users (including but not limited to: using bots or other digital tools to repeatedly input data causing the server overload, etc.); attacking the provision of the Services; Transmitting or distributing computer viruses; or using the Services in a manner which makes it susceptible to or a vehicle for cyber-attacks.
6.1.8 Forging, tampering, deleting or capturing data from the Services, its servers, or the personal or project data of other users.
6.1.9 Infringing or damaging the goodwill, reputation, privacy, trade secrets, trademarks, copyrights, patents, intellectual property rights and other rights of the Company, other users or third parties, as well as any other behavior against public policy and good morals.
6.1.10 Causing annoyance, displeasure or violation of general internet etiquette to other users of the Services or third parties, causing resentment or acts involving cyber bullying, discrimination, hatred or terrorist activities.
6.1.11 Collecting, processing or using personal data of natural persons in California, U.S.A. or European Union citizens via any service or item provided by the company.
6.1.12 Activity harmful to the sustainable operation of the Company or the Services.
6.1.13 Breach of confidentiality obligations under the law or the Terms of Service.
6.1.14 Activity that the Company has justifiable reasons to consider inappropriate.
6.2 You agree to indemnify the Company and bear full responsibility for your violation of
(a) any provision set forth in Article 6.1
(b) any governmental regulations
(c) any infringement of a third party’s rights
You shall assume full responsibility for any damage caused to the Company and be liable for liquidated damages equivalent to 50 times the cost of your subscription plan.
6.3 You further agree that if you violate any of the provisions set forth in Article 6.1, the Company has the right to immediately remove or de-publish any Interactive Content you uploaded to the Services, and is further permitted to take all measures it deems necessary to address the effects of your violation with no compensation owed to you whatsoever.
6.4 The Company reserves the right to access, review, or edit user content but is not obligated to monitor it. The Company retains the right to remove or disable access to any user content, including but not limited to content it deems, at its sole discretion, to violate the agreement. These actions may be taken without prior notice to you or any third party. The removal or disabling of access to user content shall be determined at the Company’s sole discretion, and the Company does not commit to removing or disabling access to any specific user content.
7. Data Management
7.1 You are responsible for managing and backing up any data generated by your use of the Services. The Company shall not undertake and is not responsible for any management or backup responsibilities.
7.2 Once data is removed or deleted from the Website or the Services, it cannot be restored. You are responsible for backing up your data at all times.
7.3 Users have the right to request the Company to delete, correct, or transfer their personal information.
[For Users Located in Thailand]
Player Personal Data Processing and Responsibilities (Data Processor)
7.4.1 When a Creator uses the Services to collect any response data, quiz results, and personal data entered by players, including Registered Players and Unregistered Users, in interactive content, that Creator is the “Data Controller” for such data and shall independently ensure that the lawfulness of its data collection, its notice obligations, and its scope of use comply with applicable personal data protection laws.
7.4.2 The Company acts solely as a “Data Processor” for the player response data referred to above. It stores and automatically processes such data according to the Creator's settings and operations within the functionality provided by the Services, and such processing shall comply with applicable personal data protection laws. The Company processes such data only within the technical scope necessary to provide the platform services and undertakes to implement information security safeguards that meet applicable legal requirements.
7.4.3 If a registered user participates in interactive content solely as a “Registered Player”, the Company is the Data Controller for that user's account login information and platform membership data. However, the Creator of the specific interactive content remains the Data Controller for the specific data entered by that user within that content.
8. Termination of the Services
8.1 You may terminate this agreement at any time during the service period. The refund policy is as follows:
8.1.1 General Refund Principles
Upon completion of payment, the service for that month is activated. Once the service is activated, it is considered to have commenced performance, and therefore, no refund can be made for part of that month's fee. If you purchase multiple single-month plans at once (e.g., purchase 3 months), regardless of when you apply for a refund, the single-month plans that have been used or are currently being used cannot be refunded because they have been activated. Unused remaining months can be applied for a refund in advance. After calculating the refundable amount based on the above principles, the platform will deduct necessary payment processing fees and return the net amount to the original payment method.
8.1.2 Refund for Promotional Plans (including but not limited to long-term plans, use of discount codes, etc.)
If you apply for a mid-term refund after activation, the used fee will be calculated as "number of used months × original monthly price." After deducting this from the original purchase amount, the difference will be the refund amount (if the calculation result is negative, no refund will be given).
The original monthly price shall be based on the publicly announced price at that time, not the average discounted price.
8.1.3 Refund Process
For refund requests, please submit an application before the activation of the monthly plan (send an email to [email protected]). Refund applications will be reviewed and processed within 7 working days and will be uniformly returned to the original payment method. The actual time for the refund to be credited will depend on the processing procedures of each issuing bank or third-party payment platform.
8.2 The Company retains the right to immediately cancel, suspend, and/or terminate your account and access to the Website and the Services at any time, without notice, if any of the following apply:
8.2.1 You provided incorrect, inaccurate or incomplete personal information and/or fail to update your personal information.
8.2.2 The project data you uploaded, transmitted, inputted, published, or stored infringes on the intellectual property rights of any third party.
8.2.3 You used the Website or the Services to engage in any illegal or, per our sole judgment and discretion, suspected illegal conduct.
8.2.4 To protect the rights of other users, including to maintain access to the Services or to avoid damages.
8.2.5 To maintain the quality of the Services and protect the Company’s rights, or to prevent the Company from incurring damages.
8.2.6 The Company decides to suspend or terminate the provision of the Services due to operational decisions and other needs.
8.2.7 Any violation of these Terms of Service.
8.2.8 Any other circumstances that the Company deems necessary.
8.3 The Company shall not be required to notify you or give you an opportunity to dispute termination of your access to the Services, nor shall it owe you any compensation or indemnity for any loss or expectation of benefit suffered as a result. The Company will actively cooperate with police and investigation agencies in conducting investigations where necessary. In this case, no refund will be provided for any amounts you have already paid.
8.4 If you or the Company terminate this agreement, the Company may remove or permanently delete your account information and user content. To the maximum extent permitted by applicable law, you agree that the Company shall have no liability or compensation obligation to you.
8.5 You acknowledge and agree that the Company’s decision as to the applicability of any provision set forth in this Article shall be final and complete, and any evidence, advice, or opinion provided by you or any other users shall be for the Company’s reference only and shall not be binding on the Company or its decisions, nor shall the Company be obligated to provide you with relief or any compensation or opportunity to dispute our decision as to any matter set forth herein. You further expressly agree to refrain from filing any legal complaint against the Company with respect to any action taken to enforce any provision hereunder.
9. Suspension or Change of Service
9.1 The company reserves the right to update the Services at any time. Upon updating the Services, your continued use of the Services will be deemed your acceptance of any updates thereto. You acknowledge that you shall have no right to terminate your subscription, rescind the service, or apply for a refund due to any such updates to the Services.
9.2 The Company retains the right to temporarily suspend access to the Services at any time if any of the following specific circumstances occur:
9.2.1 For inspection, repairs, enhancement, or upgrades to the hardware and software related to the Services.
9.2.2 For system interruptions caused by telecommunications carriers’ computer, communication circuits, lines of data center, other force majeure events, or reasons not attributable to the Company.
9.2.3 Any other circumstances which the Company deems necessary to temporarily suspend the Services.
9.3 In the circumstances of preceding paragraph, the Company is not obligated to compensate you for any losses incurred, and you may not terminate, rescind the service, or apply for a refund based on this reason. If there is a third party attributable for such circumstances, the Company may, but is not obligated to, assist you in claiming compensation from such third party.
10. Data Processing After Service Termination
10.1 Upon the expiration of the service period or the occurrence of a service termination event, the Company may immediately terminate your access to the Content Management System.
10.2 You agree that the Company may clear your work data:
10.2.1 If you are a registered user with a paid plan, the Company may delete your work data (including but not limited to: data related to Interactive Content, as well as response data) starting from the day following the expiration of the subscription period or the occurrence of reasons for service termination, and continuing for six (6) months thereafter.
10.2.2 If you are a registered user of a free plan, the Company may delete your work data (including but not limited to: data related to Interactive Content) starting from the day following the creation of the Interactive Content, or from the day following the occurrence of reasons for service termination, and continuing for six (6) months thereafter.
10.2.3 If you are an unregistered user, the Company may delete your work data (including but not limited to: response data) from the Interactive Content you have filled out or experienced, upon the expiration of the period specified in the first clause of this paragraph.
11. Intellectual Property Rights
11.1 All concept, structure, content (including all graphics, posts, images, designs, illustrations, brands), trademark, logos, system screens of the Services, frames, backend code or other system information uploaded by the Company to the Services are the sole property and copyright of the Company with the Company’s express reservation of the full intellectual property rights thereto, unless the Company has contracted with a third party with respect to certain intellectual property rights. You may not use the Company’s intellectual property without our consent, or for purposes other than those in accordance with the Services. Any photography, filming, screenshot, sharing or other use of the Company’s intellectual property without the Company’s consent, or use otherwise incompatible with the use of the Services will be considered an infringement of the Company’s intellectual property.
11.2 If you wish to use any of the Company’s intellectual property with the Services, please contact the Company according to the official contact information announced on the Services to obtain prior written consent or authorization. Upon obtaining authorization to use the Company’s intellectual property, you must indicate the source of the content and acknowledge the Company as the owner. Furthermore, you agree to maintain the integrity and authenticity of all content which contains the Company’s intellectual property, and should not arbitrarily misinterpret, add, delete, edit, or change the work.
11.3 You expressly warrant that you have legal use rights to all information and files you upload, transmit, input, publish, store or provide to the Website or the Services. If you do not have legal use rights, you may not upload, transmit, input, publish, store or introduce such content to the Website or Services.
11.4 Once you choose to upload, transmit, input or provide information or files to the Company or the Services, you agree to authorize the Company, without compensation, to use, modify, reproduce, publicly broadcast, publicly transmit, alter, distribute, sublicense and all other uses under copyright law within the scope of the purpose of promoting or optimizing the services of the Services, without limitation of time, place or number of times. In such case, you further agree not to exercise moral rights against the Company. You warrant that any use by the Company in accordance with this section will not infringe upon the intellectual property rights of third parties or be subject to any assertion of rights by third parties.
11.5 If you find that the content of the Services otherwise is likely to infringe or does infringe the intellectual property rights of you or any third party, You can contact customer service to notify the Company. The Company will handle the matter in accordance with the Company’s policies.
11.6 If you violate this Article, you agree to indemnify the Company or any third party against any damages (including, but not limited to, attorneys’ fees, court costs, penalties imposed on us, or any damages or losses suffered by the Company as a result of any claim by a third party).
12. Confidentiality Clause
12.1 You are obliged to maintain confidentiality regarding all information and content provided to you through the Services. Except as required by law or by request from the competent authority, you may not provide or disclose such information to any third party in any manner, nor may you use it for any other purposes.
12.2 The preceding paragraph shall apply even after the termination of the Services.
13. Disclaimers
13.1 The Services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that
(a) the Services will meet your requirements
(b) the Services and materials will be accurate, authentic, uninterrupted, timely, secure, or error-free
(c) the results that may be obtained from the use of the Services or materials will be effective, accurate, or reliable
(d) the quality of any Interactive Content, corresponding response data, or any other feature of the Services will meet your expectations or be free from mistakes, errors, or defects
The use of the Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
13.2 Specifically, the Company shall not be liable to you for any direct or indirect damages arising out of the following circumstances:
13.2.1 The Services’ suspension or interruption caused by the relocation, replacement or maintenance of the system equipment of this Website.
13.2.2 The Services are temporarily suspended or interrupted due to error troubleshooting in the Services system program.
13.2.3 The Services are suspended or interrupted due to reasons not attributable to the Company.
13.2.4 The data you provide to the Company is incorrect or falsified, altered, deleted or extracted from a third party without such party’s authorization.
13.2.5 The Services are suspended or interrupted due to a natural disaster or other force majeure.
13.2.6 You have violated governmental laws or these Terms and the Company stops or interrupts the Services.
13.2.7 Other circumstances in which the Company deems necessary to suspend or interrupt the Services.
13.2.8 Any dispute, loss or other controversy between you, other users of the Services and a third party.
13.3 Except for providing you with the Services in accordance with these Terms, our Company does not guarantee that the Services will meet your subjective expectations.
13.4 If you violate these Terms, the laws of the Republic of China, Taiwan or the local laws applicable to your use of the Services, and as a result cause damage to the Company or any other third party, you agree to indemnify the Company and assume responsibility for the resulting damages.
14. Transfer and Storage of Data
14.1 You agree that if there is a change in ownership or operation of the Company or the Services, the rights and obligations of these Terms and the personal information provided by you and all information provided or uploaded to the Services will be unconditionally transferred to the new owner or operator, unless otherwise agreed between the Company and a third party, and you may not object.
14.2 If the Company conducts a large-scale version update of the Services or develops a new software platform, you unconditionally agree that the Company may transfer the data you store on this Service to the new version or new software platform operated by the Company without terminating or canceling the Services.
14.3 For the collection and use of user data, please refer to the company’s Privacy Policy.
15. Changes to the Services
15.1 You agree that the Company has the right to change or adjust the contents of these Terms at any time. The Company will announce the changes on the Website and/or the Services and notify you by email to the email address listed on your member account. By continuing to use the Services, you agree to be bound by all changes to these Terms.
15.2 If you do not agree to any of the adjustments or changes of Terms of Service, or the country or territory to which you belong excludes all or part of the contents of these Terms, you agree to immediately cease use of the Website and the Services.
16. Limitation of Liability
16.1 In no event shall the Company or its officers, directors, employees, agents, affiliates, and their respective successors and assigns (collectively, the “Company Parties”) be liable to you or any third-party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the Services or the Website. To the fullest extent permitted by law, you hereby release and hold harmless the Company and each of the other Company Parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your use of the Services, including as it relates to the acts or omissions of any third party used by the Company to facilitate the Services or any payments related thereto.
You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent such jurisdictional restrictions are applicable.
Upon a request by us, you agree to defend, indemnify, and hold us and the other Company Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Documentation, or negligent or wrongful conduct, including with respect to any Interactive Content you upload or respond to as part of the Services.
17. Miscellaneous
17.1 Except as otherwise provided in these Terms, you may not transfer the rights and obligations of the Services to any third party.
17.2 Once you agree to these Terms, they will become effective retroactively from the date you first used the Website or the Services.
17.3 The headings contained in these Terms are for reference purposes only and shall not limit the meaning or interpretation of these Terms in any way.
17.4 If any provision of these Terms is determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision of these Terms.
17.5 These Terms shall be effective until the Company takes the initiative to cease providing the Services or the Website to you, and shall not be invalidated by your personal suspension of use thereof or by the Company’s termination or restriction of your use of your account (or any part thereof) or the Services.
17.6 These Terms may be available in different languages. In the event of discrepancies or ambiguities between the language versions, the "Traditional Chinese Version" shall prevail and take precedence.
17.7 Any rights of the Company not expressly granted herein are reserved.
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of China, Taiwan. All disputes arising from these Terms shall be handled in accordance with the laws of the Republic of China, Taiwan. The Taipei District Court shall have the sole and exclusive jurisdiction over any lawsuit or other judicial proceeding relating to or arising from these Terms.
19. Company’s Contact Information
• Customer Service Email: [email protected]
• Company Name: OOOPEN Lab Inc.
• Tax ID Number: 00025842
[For Users Located in Japan]
Act on Specified Commercial Transactions & Corporate Disclosures
19.1 Act on Specified Commercial Transactions Disclosures:
• Representative: Yu-Hsuan Liu (劉又瑄)
• Address: 9F., No. 18, Sec. 1, Wuchang St., Zhongzheng Dist., Taipei City, Taiwan
• Telephone: 02-2741-6989
When paid services provided to Japanese consumers constitute mail order sales under the Act on Specified Commercial Transactions, the Company shall publish business information, pricing, payment methods and timing, service provision timing, cancellation and refund conditions, and other legally required items on the website before purchase.
20. Notice to USA Users
20.1 You acknowledge that the Services and the items made available through the Services, are subject to U.S. export control and sanctions laws and regulations, including the Export Administration Regulations (“EAR”) and the regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) (collectively, the “Export Controls and Sanctions Laws”). You represent and warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are neither located in nor a resident of any country that is subject to applicable U.S. trade sanctions or embargoes (such as Belarus, Cuba, Iran, North Korea, Russia, Syria, or the Crimea region of Ukraine). You represent and warrant that you are not a person or entity who is named on any U.S. government list of restricted parties that would require a license to use the Service. You also represent and warrant that you are not owned 50% or more by such a restricted party if such ownership would cause you to become subject to similar restrictions as those set forth herein. If you become subject to such a restriction during the term of any agreement with the Company, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to the Company). You may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any United States and other applicable country Export Controls and Sanctions Laws, rules, and regulations and requirements. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled by such laws.
20.2 The Company adheres to the General Data Protection Regulation (GDPR), Cross-Border Privacy Rules (CBPR), California Consumer Privacy Act (CCPA), and the Children’s Online Privacy Protection Rule (COPPA). For information on privacy rights, please refer to the Company’s privacy policy.