PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN SUBSTANTIVE PROVISIONS AFFECTING YOUR LEGAL RIGHTS, INCLUDING LIMITATIONS OF LIABILITY, GOVERNING LAW, AND DATA PROTECTION OBLIGATIONS.

These Terms of Use ("Terms") govern your access to and use of the services, website, tools, AI modules, and related infrastructure (collectively, the "Service") provided by SensorsData Limited ("UX Agent," "we," "our," or "us").

By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Service.

1.1 Age and Capacity

You must be at least 18 years old and have the legal capacity to enter into contracts. Children under the age of 13 are strictly prohibited from using the Service. If your jurisdiction requires a higher age of majority or consent, you must comply with such requirements.

1.2 Account Security

You are responsible for maintaining the security of your account credentials (including passwords, API keys, etc.) and ensuring that all information you provide is true, accurate, and complete. You may not permit any third party to use your account or impersonate another person or entity. You are fully responsible for all activities that occur under your account.

UX Agent provides an AI-powered user experience analysis service. By processing session replay data from your product, the Service leverages large language model (LLM) APIs to perform sampled analysis of user behavior, generating insights and optimization recommendations to improve user experience (UX).

We may update or modify the Service at any time to improve performance, add functionality, or address security issues.

You agree not to use the Service for any illegal activities or for any purposes prohibited by these Terms. Prohibited activities include, but are not limited to:

(a) Violating any applicable laws, or data protection and consumer protection laws;

(b) Collecting or transmitting session replay data without providing adequate notice to and obtaining valid consent from your end-users;

(c) Attempting to access our systems or networks without authorization;

(d) Interfering with the integrity, performance, or security of the Service platform;

(e) Uploading malicious code, viruses, or engaging in any fraudulent or abusive activities;

(f) Misrepresenting your identity or the identity of your organization.

We reserve the right to investigate and to suspend or terminate accounts engaged in the above prohibited conduct.

You act as the data controller and are solely responsible for the legality and compliance of all data submitted to the Service. UX Agent acts as a data processor processing data on your instruction. You must:

(a) Lawful Basis: Ensure you have a lawful basis to collect and transfer your end-users' session replay data to UX Agent;

(b) Privacy Disclosures: Provide clear and accurate privacy notices to your end-users, explicitly informing them of your use of session replay technologies and third-party service providers (such as UX Agent) for data analysis;

(c) Valid Consent: Obtain valid consent from your end-users where required by applicable laws；

(d) Data Minimization: Ensure that data sent to the Service is properly redacted or masked to avoid the transfer of unnecessary or legally prohibited sensitive personal information (e.g., passwords, full payment card information, biometric data, etc.);

(e) System Security: Protect the security of your own systems, accounts, and API keys;

(f) Children's Data: Strictly refrain from submitting personal information of children (under 13 or such lower age as defined by local law) to the Service without verifiable parental consent;

(g) Indemnification: You agree to indemnify, defend, and hold harmless UX Agent and its affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your breach of this Section or applicable laws.

5.1 Nature of Output

UX Agent's AI modules generate UX insights, analytical reports, and optimization recommendations. These outputs are algorithm-generated suggestions for reference only and may contain errors, inaccuracies, or omissions. You are solely responsible for independently reviewing, evaluating, and verifying the appropriateness of any recommendations before implementation. We assume no liability for any decisions, actions, or consequences based on reliance on AI outputs.

5.2 Third-Party AI Models

The Service may invoke third-party large language models (e.g., Gemini API) via API. You acknowledge and agree that:

(a) Your data may be transferred to such third party's service region when those models are called, and such transfer may be subject to different data protection standards;

(b) You are responsible for ensuring that such cross-border data transfers comply with applicable legal requirements (e.g., through Standard Contractual Clauses, adequacy decisions, Binding Corporate Rules, or other lawful mechanisms).

5.3 Prohibited Use

You may not use AI outputs to train machine learning models that compete with UX Agent, nor for any purpose that violates these Terms or applicable law.

The Service integrates with third-party platforms (e.g., PostHog) via API and relies on third-party large language model services. Your interaction with these platforms is governed by their respective terms and privacy policies. We are not responsible for any service changes, outages, limitations, or policy changes of such third parties. We encourage you to review those third parties' terms regularly.

7.1 Paid Subscriptions

Paid features require an active subscription. When you subscribe, you authorize us or our payment processors to charge the applicable fees.

7.2 Automatic Renewal and Cancellation

Subscriptions will automatically renew unless cancelled before the renewal date. Upon cancellation, the Service will continue until the end of the then-current billing period. Fees paid are non-refundable, except as required by local law.

8.1 UX Agent IP

All UX Agent software, designs, documentation, content, algorithms, brand features, and the Service itself are the exclusive property of SensorsData Limited or its licensors. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable license to use the Service.

8.2 Restrictions

You may not reverse engineer, decompile, disassemble, modify, distribute, or create derivative works of any part of the Service, except to the extent expressly permitted by applicable law notwithstanding this restriction.

8.3 Feedback

Any feedback or suggestions you provide regarding the Service may be used by us without restriction and without any obligation to you.

Each party (the "Receiving Party") agrees to hold the other party's non-public information ("Confidential Information") in confidence and to use no less than a reasonable degree of care to protect it. Neither party shall disclose Confidential Information to any third party unless required by law or a valid court order, and then only with prior notice to the disclosing party (if legally permitted).

10.1 Data Processing Relationship

You are the data controller and UX Agent is the data processor. The specific terms governing our processing of personal data, security measures, cross-border transfer mechanisms, and our obligation to assist you in responding to data subject requests are set forth in the UX Agent Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference. You acknowledge that you have read and accepted the DPA.

10.2 Privacy Policy

Our handling of personal information is described in the UX Agent Privacy Policy. By using the Service, you acknowledge that you have read and understood that policy.

We strive to maintain a high level of uptime, but the Service may be interrupted for maintenance, upgrades, internet failures, third-party service disruptions (e.g., cloud providers, third-party APIs), or other events beyond our reasonable control. We are not liable for any downtime or data loss caused by such events.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT:

(a) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR BUSINESS RESULTS;

(b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(c) AI OUTPUTS WILL BE ACCURATE OR RELIABLE;

(d) ANY INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; OR

(e) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) UX AGENT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

(b) UX AGENT'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO UX AGENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM;

(c) THIS LIMITATION DOES NOT APPLY TO: (i) LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) STATUTORY LIABILITY FOR BREACH OF DATA PROTECTION LAWS; (iii) DEATH OR PERSONAL INJURY; (iv) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14.1 Termination by You

You may stop using the Service and delete your account at any time.

14.2 Termination by Us

We may suspend or terminate your account if you breach these Terms (including the Acceptable Use Rules) or if your use poses a risk to platform security, data integrity, or third parties. We will provide advance notice where reasonably practicable, except in emergencies.

14.3 Effect of Termination

Upon termination, your access rights cease immediately. We will handle your data in accordance with our Privacy Policy and DPA (typically deletion within 30 days, unless legal retention obligations apply).

We may update these Terms from time to time. For material changes (e.g., changes to limitations of liability, governing law, or data processing obligations), we will provide at least 30 days' advance notice via dashboard notification, email, or a prominent notice within the Service.

For material changes, we will obtain your explicit consent (e.g., by clicking "I agree") before such changes become effective. If you do not accept the changes, you must stop using the Service and terminate your account.

Non-material changes become effective upon posting. Your continued use of the Service after such posting constitutes acceptance.

16.1 Governing Law

The interpretation, validity, and performance of these Terms shall be governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles, but this does not exclude mandatory consumer protection laws of your jurisdiction.

16.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall first be resolved through friendly negotiations. If negotiations fail, the dispute shall be finally settled by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in effect when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English or Chinese (at the claimant's option).

For consumers seeking to resolve a small claim (as defined by applicable law), you may elect to bring the claim in your local court of competent jurisdiction instead of arbitration.