TalkingData-AI.数据.价值

This is an agreement ("this Agreement") between you (i.e., any individual or organization that registers as a user on the Platform, uses our services, and undertakes to comply with our various agreements, the Privacy Policy, and other terms of service) and Beijing Tendcloud Tianxia Technology Co., Ltd. and its affiliates ("TalkingData" or "we").You confirm that: before you begin to use or purchase products or services of our TalkingData AI Modeling Agent platform (this Platform / the Platform), you have fully read, understood, and accepted all contents of this Agreement and the Privacy Policy. You shall independently agree to this Agreement and the Privacy Policy through affirmative means such as checking a box or clicking to confirm. Once you complete the foregoing process or actually begin to use the services of this Platform, you are deemed to have read and agreed to comply with all provisions of this Agreement and the Privacy Policy regarding the processing of personal information. We have the right to modify this Agreement and the Privacy Policy when necessary, and you may review the latest version of the terms on this page. After the terms of this Agreement are changed, if you continue to use the services of this Platform, you shall be deemed to have accepted the modified Agreement. For the Platform's policies on the collection and use of data and personal information, please refer to the Privacy Policy. Please carefully read the provisions therein regarding the purposes, methods, and scope of personal information processing and the exercise of related rights.You warrant that you have full civil capacity for rights and civil capacity for conduct as required by law, and that you are a natural person capable of independently assuming civil liability, or a person with full civil capacity authorized by a legal person to act on its behalf. If you are a minor under the age of eighteen, you will be unable to complete real-name authentication and use the services of this Platform, even if you have already registered. You undertake and confirm that the contents of this Agreement are not prohibited by the laws of the country or region to which you belong.

1. Account Management

1.1 Accounts and Authentication1.1.1 After you fill in the relevant information as required by this Platform and confirm your agreement to comply with all contents of this Agreement and the Privacy Policy, we will create an account for you. You acknowledge and agree that all or part of the Platform's functions (especially core services such as API calls) require your account to be authenticated before they can be enabled. We have the right, based on our independent judgment and changes in business development, to modify and maintain the services and functions on the Platform from time to time.1.1.2 If you access and use this Platform on behalf of an enterprise, you represent and warrant that you have obtained full authorization from such enterprise and have the right to sign and perform this Agreement on its behalf. In such case, this Agreement shall take effect not only between us and you personally, but also create legally binding force between us and the enterprise you represent. Such enterprise shall bear full legal liability for all acts performed under its account and by associated users (including but not limited to you and other persons authorized by you) (including but not limited to using Platform services, making top-ups, purchasing usage packages, and providing information), and shall not refuse to assume or claim exemption from liability on any internal management grounds such as departure of operators, change of positions, disputes over the scope of authorization, or lending of accounts. You and such enterprise shall establish and implement internal systems for account use and permission management, and properly control the login credentials, API keys, and related usage permissions of the enterprise account. All losses and third-party claims arising from account theft or abuse due to poor account permission management, improper authorization, omissions in internal handover, or failure to timely change authorization shall be borne by such enterprise and you, and this Platform shall assume no liability whatsoever.1.1.3 You are responsible for protecting the accounts you create, join, or manage. You are also responsible for protecting your user identity and shall not disclose to anyone any login credentials or authentication information used for login, including SMS verification codes, email verification codes, API Keys, or access keys. If losses and consequences arise from your voluntary disclosure of the account or from attacks, fraud, or similar acts by others against you, this Platform shall not be liable, and you shall seek recovery from the infringing party through judicial, administrative, or other remedies.1.1.4 The account name and user nickname you set shall not violate national laws and regulations, public order and good morals, or social ethics, or be likely to cause confusion between your identity and that of this Platform; otherwise, your account creation or user registration may fail, or we shall have the right to disable or cancel the account after notifying you.1.1.5 The same user (the determination of "same user" is based on mobile phone number, the same below) may create only one personal account. Your personal account may be used only by you. Except as otherwise agreed by both parties, you shall not gift, lend, lease, transfer, sell, or otherwise permit any third party to use your personal account in any form. If this Platform discovers or has reasonable grounds to believe that the user is not the initially registered user of the account, to protect account security, we have the right to immediately suspend or terminate the provision of services to such account and permanently disable the account.1.1.6 The same user may create multiple organization accounts. Organization accounts successfully created by you may be used by you alone or jointly by other users. If you allow other users to jointly use your organization account, you shall bear the consequences and liability for all acts of the corresponding users under the organization account (including but not limited to using Platform services, making top-ups, or incurring arrears). You shall use the organization account in accordance with the relevant requirements of this Platform; otherwise, to protect account security, we have the right to immediately suspend or terminate the provision of all or part of the services to such organization account and permanently disable the account.1.1.7 The scope of application of this Platform and related services is as follows:(a) Applicable users: the services are applicable to adults, without distinction of any specific user group;(b) Applicable scenarios: the services are applicable to AI model and Agent service invocation scenarios for developers;(c) Scope of services: the services are not limited to any specific domain, and provide developers with fast and efficient aggregated calling services for large models and Agents via API;(d) The specific models, Agents, algorithms, etc. provided by this Platform shall be as actually displayed on the Platform.1.2 Change, Suspension, and TerminationSubject to our best efforts to provide prior notice via one or more means such as Platform SMS, email, or announcements, we may change, suspend, or terminate the provision of services to you, or set usage restrictions on the services, without assuming liability; we may disable your account at any time. Even after your account ceases to be used for any reason, you will continue to be bound by this Agreement.1.3 Information VerificationWhere the law expressly requires that this Platform, as a platform service provider, must verify user information, this Platform will, in accordance with the law, inspect and verify your information from time to time, and you shall cooperate by providing the latest, true, complete, and valid information. If this Platform is unable to verify based on the information you provide, this Platform has the right to issue an inquiry or rectification notice to you and require you to re-authenticate, up to suspending or terminating the provision of part or all of the Platform services to you, and this Platform shall assume no liability therefor.

2. Definitions and Interpretation

In this Agreement, unless otherwise expressly provided, the following terms shall have the meanings set forth below:2.1 AI Modeling Agent Platform / this Platform: means the intelligent product aggregation service platform developed and operated by Beijing Tendcloud Tianxia Technology Co., Ltd., built on large artificial intelligence models and Agent technologies. Through standardized API interfaces, this Platform provides users with aggregated access to various generative artificial intelligence models and Agents, and, through standardized large model and Agent products, technology platforms, and supporting solutions, provides functions such as multimodal data processing, intelligent analysis, risk identification and early warning, automated execution, and scenario-based operational support, committing to providing users with lawful, compliant, secure, and stable intelligent tools and technical services to support data-driven decision-making, intelligent decision-making, risk prevention and control, and efficiency improvement in corresponding business scenarios.2.2 API: means Application Programming Interface, a standardized interface with system service invocation capability, through which users initiate service requests and obtain returned results.2.3 Token: means the smallest processing and billing unit automatically formed by algorithms when large models process, understand, and generate text, code, instructions, and other content. Both the input content submitted by users and the output content generated and returned by models will be split into Tokens and counted toward service usage. Token splitting rules are automatically determined by model algorithms and may differ across models and versions; the actual statistical results of this Platform's services shall prevail.2.4 Model: means various generative artificial intelligence models accessible via this Platform's API, including but not limited to large language models, image generation models, video generation models, speech models, etc.2.5 Call / Invocation: means the act of a user initiating a request to this Platform via API, transmitting data, and obtaining results.2.6 Usage: means statistical data generated by users in the course of using this Platform's services, including Token consumption, number of calls, concurrency, QPS, compute duration, traffic, etc., serving as the basis for this Platform's billing and reconciliation between the parties. Usage data recorded by this Platform's systems shall be the primary basis for settlement between the parties.2.7 Authentication Information: means information used for identity verification and interface authorization, such as API Keys, access keys, account passwords, and signature strings.2.8 Interaction Data: means the prompts, instructions, questions, uploaded files, and other content input by users in the course of using this Platform's services ("Input Data"), as well as the output results generated by models or Agents based on Input Data ("Output Data"), including but not limited to text, code, images, audio, video, electronic documents, and other data information.2.9 Third-Party Services: means services provided by third parties that are integrated, invoked, or relied upon by this Platform for the purpose of providing AI Modeling Agent Platform services (including but not limited to third-party model services, open-source code, software, etc.).

3. Access to Services and Service Restrictions

3.1 Access to ServicesSubject to your compliance with this Agreement, you are hereby granted a non-exclusive, non-transferable right to access and use the Services, solely for your personal use or for the internal business purposes of the enterprise or other entity you represent. We reserve all rights not expressly granted in this Agreement.3.2 Service RestrictionsYou shall not engage in any of the following acts:3.2.1 Disassemble, reverse engineer, decode, or decompile any part of the Services, or attempt to obtain the Platform architecture, model parameters, or source code;3.2.2 Purchase, sell, or transfer API keys without our prior written consent;3.2.3 Copy, lease, sell, lend, transfer, license, or intend to sublicense, resell, distribute, or modify any part of the Services or any of our intellectual property;3.2.4 Take any action that may impose an unreasonably large load on our servers, infrastructure, etc., including but not limited to malicious stress testing, bulk requests, or abuse of Platform functions;3.2.5 Use this Platform's services in any of the following ways or for any of the following purposes:(a) Opposing the basic principles established by the Constitution;(b) Endangering national security, disclosing state secrets, subverting state power, or undermining national unity;(c) Harming national honor and interests;(d) Inciting regional discrimination or regional hatred;(e) Inciting ethnic hatred or ethnic discrimination, or undermining national unity;(f) Undermining national religious policies, or promoting cults and feudal superstitions;(g) Spreading rumors, disrupting social order, or undermining social stability;(h) Spreading obscenity, pornography, gambling, violence, murder, terrorism, or inciting crime;(i) Insulting or defaming others, or infringing upon the lawful rights and interests of others;(j) Inciting illegal assemblies, associations, processions, demonstrations, or gathering crowds to disrupt social order;(k) Conducting activities in the name of illegal civil organizations;(l) Involving works not created by you that may give rise to copyright disputes;(m) Potentially infringing upon others' prior rights;(n) Using violent intimidation or threats against others, or conducting doxxing;(o) Involving others' privacy, personal information, or materials;(p) Infringing upon others' lawful rights and interests such as privacy rights, reputation rights, portrait rights, or intellectual property rights;(q) Infringing upon the lawful rights and interests of minors or harming minors' physical or mental health;(r) Secretly photographing or recording others without permission, thereby infringing upon others' lawful rights;(s) Violating the "Seven Bottom Lines" requirements regarding the bottom lines of laws and regulations, the socialist system, national interests, citizens' lawful rights and interests, social public order, moral customs, and information authenticity;(t) Any other acts prohibited by relevant laws, administrative regulations, etc.3.2.6 Circumvent measures we may use to prevent or restrict access to the Services;3.2.7 Attempt to interfere with or disrupt the system integrity or security of servers running the Services, or decrypt any transmission between you and servers running the Services;3.2.8 Use the Services to send spam, chain letters, or other unsolicited emails;3.2.9 Transmit illegal data, viruses, or other software agents through the Services;3.2.10 Impersonate any person or entity, misrepresent your relationship with any person or entity, conceal or attempt to conceal your identity, or otherwise use the Services for any invasive or fraudulent purpose;3.2.11 Collect or obtain any personal information from the Services, including but not limited to other users' names;3.2.12 Any other acts not expressly authorized by us, or any use that may harm our interests.3.3 Service Suspension and RestorationThis Platform has the right to suspend or restrict services and notify you under the following circumstances:3.3.1 Rate-limiting or intercepting abnormal calls, over-limit calls, or non-compliant calls;3.3.2 Due to this Platform's own operational needs such as system maintenance, upgrades, security vulnerability fixes, or regulatory compliance requirements (in emergencies, notice may be given after the fact);3.3.3 You fail to pay fees in full and on time, or are in arrears of related fees;3.3.4 You violate the compliance obligations under this Agreement.Under the prepaid model, prepaid balances will not be deducted during service suspension, but the validity period will continue to run as usual; under the postpaid model, no billing will accrue during the suspension period. After you complete rectification and this Platform confirms it, this Platform will restore services within a reasonable time. This Platform shall not be liable for compensation for losses during the suspension period. If service suspension is caused by you, the validity period of the corresponding service usage packages / service term during the suspension period shall not be extended, and you shall still pay in full any fees already incurred.

4. Interaction Data

4.1 User WarrantiesWith respect to your Interaction Data, you confirm, represent, and warrant that:4.1.1 Upon our request, you can provide written explanations or authorizations regarding the source and legality of personal information contained in Interaction Data or information that may only be used after obtaining authorization;4.1.2 Your Interaction Data, and our use of Interaction Data pursuant to this Agreement, will not violate any applicable law or infringe any right of any third party, including but not limited to any intellectual property rights and privacy rights;4.1.3 Your Interaction Data does not include any information or materials regarded by government authorities as sensitive or confidential;4.1.4 You will not upload or provide, directly or otherwise through the Services, any personal information of children under the age of 14;4.1.5 Your Interaction Data does not include nudity or other sexually suggestive content; does not include hate speech, threats, or direct attacks against individuals or groups; does not include abusive, harassing, infringing, defamatory, vulgar, obscene, or privacy-invading content; does not include gender discrimination or racial, ethnic, or other discriminatory content; does not include content involving self-harm or excessive violence; does not include illegal content or content that promotes harmful or illegal activities; does not include malicious programs or code; does not include any person's personal information without such person's consent; and does not include spam, machine-generated content, unsolicited information, or other objectionable content.4.2 Data OwnershipThe ownership and related rights and interests in Input Data and Output Data transmitted by you via this Platform's API shall remain with you or the original rights holder. As a neutral technical aggregation service provider, this Platform does not claim any ownership of your Interaction Data. However, to ensure the normal operation of Platform services, optimize model performance, and improve service quality, this Platform has the right, subject to compliance with laws and regulations, to anonymize and de-identify Interaction Data so that the processed information cannot identify a specific subject and cannot be restored. After meeting the foregoing statutory standards, this Platform has the right to use such data for internal technical analysis, model training, and product iteration, without separately obtaining your or any third party's consent and without paying any fees. This Platform undertakes to adopt strict security protection measures during processing. All technical achievements, models, intellectual property rights, and related rights and interests derived from the foregoing anonymized data shall belong entirely to this Platform.4.3 Disclaimer4.3.1 This Platform does not store your Interaction Data. We act solely as a technical channel, transmitting data in real time when you initiate a call, and retaining no copies after the call is completed. Unless otherwise provided by laws and regulations, otherwise agreed under specific product rules, or based on your request that we provide technical assistance for troubleshooting or resolving technical issues, we will not access your Interaction Data. You understand and agree that we and this Platform act only as a technical channel for Interaction Data.4.3.2 Please understand and agree that, pursuant to laws and regulations such as the Provisions on the Administration of Deep Synthesis of Internet Information Services and the Measures for the Labeling of AI-Generated Synthetic Content, we will label AI-generated synthetic content by technical means such as adding explicit labels (e.g., text, watermarks) or implicit labels (e.g., metadata, digital watermarks) to output content. You shall not maliciously delete, alter, forge, or conceal such labels, nor use functions provided by the Services or third-party tools to circumvent labeling obligations. If we discover that you have violated the foregoing labeling requirements, we have the right to take measures including but not limited to blocking non-compliant content, disconnecting links, and suspending or terminating the provision of services, and you shall bear all legal liabilities arising therefrom.

5. Intellectual Property

5.1 TalkingData Intellectual PropertyYou understand and acknowledge that the intellectual property rights in the content we provide in this Platform's services (including but not limited to web pages, text, images, audio, video, charts, computer software, Platform architecture, interface design, layout frameworks, etc.) belong to us from the outset. You shall not access, sell, license, lease, modify, distribute, copy, transmit, display, publish, adapt, edit, or create any derivative works of such intellectual property. It is strictly prohibited to use any intellectual property for any purpose not expressly permitted by this Agreement. Rights not expressly granted to you under this Agreement are reserved by TalkingData.5.2 Output DataSubject to your compliance with the following and on a lawful and compliant basis, you may use results produced using this Platform's services in a manner consistent with legal requirements:(a) Your use of the Services and Output Data will not transfer or infringe any intellectual property rights (including not infringing TalkingData's intellectual property rights and other third-party intellectual property rights, including those of model providers);(b) If we, in our discretion, believe that your use of Output Data violates laws and regulations or may infringe any third party's rights, we may at any time restrict your use of Output Data and require you to cease using Output Data (and delete any copies thereof);(c) You shall not represent that the output of large models or Agents was human-generated, and you shall fulfill corresponding labeling obligations in accordance with applicable laws;(d) You shall not violate any model provider's license, usage restrictions, or intellectual property-related agreements.You agree that we assume no liability for any Output Data or results claimed by you or any third party to arise from the technical services we provide. This Platform makes no warranty or commitment as to whether AI-generated content constitutes a work protected by copyright law, whether it has originality, or whether corresponding rights can be validly obtained.5.3 User Usage DataWe may collect, or you may provide to us, diagnostic, technical, and usage-related information, including information about your computer, mobile device, system, and software ("User Usage Data"). We may, for the needs of Platform maintenance and operation and to the extent permitted by law, use, maintain, and process User Usage Data or any part thereof, including but not limited to:(a) Providing and maintaining Platform services;(b) Improving our products and services or developing new products or services.For detailed data use policies, please see this Platform's Privacy Policy.5.4 FeedbackIf you provide us with any suggestions or feedback regarding the Services or any other TalkingData products or services ("Feedback"), you hereby assign all rights and interests in the Feedback to us, and we may freely use the Feedback and any ideas, know-how, concepts, techniques, and intellectual property contained therein. Feedback shall be deemed our confidential information.

6. Confidential Information

The Services may include non-public, proprietary, or confidential information of TalkingData and other users ("Confidential Information"). Confidential Information includes any information that, given its nature and the circumstances of disclosure, should reasonably be understood to be confidential, including non-public business, product, technical, and marketing information. You shall:(a) Protect the confidentiality of all Confidential Information with at least the same degree of care you use to protect your own highly sensitive information, but in no event less than reasonable care;(b) Not use any Confidential Information for any purpose other than exercising your rights or performing your obligations under this Agreement;(c) Not disclose any Confidential Information to any individual or entity.

7. Billing Policy

7.1 Billing ModelYou understand and agree that some services provided by this Platform may charge usage fees ("Fees"), and the Fees shall be subject to the TalkingData AI Modeling Agent Service Agreement signed by both parties. You agree that we may monitor your usage data accordingly in order to complete billing for the Services.7.2 Price AdjustmentAs business develops and market conditions change, we may add new products or services, delist or terminate existing products or services, or increase or modify fees for existing products or services. This Platform shall give you at least 7 days' prior notice of adjustments via the official website, email, Platform announcements, or other means. If you do not agree to the foregoing adjustments, you shall stop using the relevant products and services before the effective date stated in the adjustment notice. If you continue to use after the adjustment takes effect, you shall be deemed to have acknowledged and agreed to use the corresponding services at the latest fee rates. Price adjustments apply only to service calls you initiate after the adjustment takes effect. Usage packages purchased before the adjustment takes effect and not yet fully consumed shall still be subject to the original rules and shall not be affected by the adjustment.

8. Use of Third-Party Services

8.1 The Services may contain links to or integrations with third-party websites, materials, and services ("Third-Party Services"). Certain functions of the Services may require you to use Third-Party Services (including but not limited to third-party model services, open-source code, software, etc.).8.2 You understand and agree that, as an Agent aggregation service platform, this Platform's core value lies in providing users with a unified interface to access multiple third-party models. Therefore:(a) This Platform is only a technical aggregator and assumes no liability for the quality, accuracy, security, legality, intellectual property, availability, or any content generated by any third-party model;(b) Third-party models are provided by their respective service providers on an "as is" basis. This Platform provides no warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement;(c) Any losses caused to you by the acts of third-party service providers (including but not limited to service interruptions, policy changes, model delisting, billing adjustments, termination of services, etc.) shall be resolved between you and the third-party service provider, and this Platform assumes no liability whatsoever;(d) This Platform has the right to adjust, suspend, or terminate corresponding service functions at any time based on changes or termination of Third-Party Services, without assuming any liability;(e) Your use of Third-Party Services shall be deemed acceptance of the relevant rules, policies, and statements of the third-party service provider. Rights, obligations, disputes, and liabilities arising between you and the third-party service provider shall be handled by you and the third-party service provider themselves.8.3 For the following circumstances caused by Third-Party Services, this Platform assumes no liability for breach, compensation, or joint and several legal liability, including but not limited to:(a) Defects, deficiencies, interruptions, delays, delisting, termination, or changes in Third-Party Services;(b) Third-Party Services infringing third-party rights, violating laws and regulations, or giving rise to compliance risks;(c) Unavailability of services due to third-party service providers' cessation of business, bankruptcy, breach, regulatory penalties, etc.;(d) Complaints, claims, litigation, administrative penalties, etc. arising from Third-Party Services.

9. Export Controls and Sanctions

9.1 You undertake to comply with the Export Control Law of the People's Republic of China, the Anti-Foreign Sanctions Law, and other applicable export control and sanctions laws and regulations of the People's Republic of China, and at the same time to comply with other export control and sanctions laws and regulations applicable to this Platform. You further undertake that neither you nor any individual or entity authorized by you to use this Platform's services is listed on the "Unreliable Entity List" or the "Export Control List" issued by the Ministry of Commerce of the People's Republic of China. You undertake not to use the products or services provided by this Platform for military purposes or purposes related to weapons of mass destruction, and not to use the products or services provided by this Platform for purposes prohibited by applicable export control and sanctions laws and regulations. Without permission from the relevant competent authorities, neither you nor other individuals or entities authorized by you to use this Platform's services shall, through this Platform's services, provide controlled products, technology, software, or services to destinations, entities, or individuals prohibited by applicable export control and sanctions laws and regulations. If this Platform has reasonable grounds to suspect that you have violated the foregoing obligations, it has the right to immediately suspend or terminate the provision of services to you without assuming any liability. If this Platform suffers any regulatory investigation, administrative penalty, compliance remediation costs, or third-party claims due to your breach of this clause, you shall fully indemnify this Platform, and such indemnification liability shall not be subject to other liability cap provisions of this Agreement. In addition, if this Platform takes any restrictive measures (including but not limited to suspending services, freezing accounts, refusing transactions, etc.) in order to fulfill export control or anti-sanctions compliance obligations under Chinese law, you understand and agree that such measures do not constitute a breach, and this Platform need not assume any liability to you therefor. You shall truthfully provide the identity information and related supporting materials of the end user within 3 business days after this Platform so requests; if you refuse to provide or provide false information, this Platform has the right to immediately terminate services.9.2 You shall cooperate with us in end-user identity verification and compliance due diligence, including but not limited to providing true and valid identity documents, equity structure, end-use statements, and other materials, to ensure that your use of the Services complies with dynamic regulatory requirements. If you refuse to cooperate or provide false materials, we have the right to immediately suspend or terminate services.9.3 If you violate the export control and sanctions compliance undertakings under this clause, or are placed on relevant restricted lists, we have the right to immediately and unilaterally terminate this Agreement and Platform services without prior warning, and require you to compensate us for all losses caused thereby (including but not limited to administrative fines, attorneys' fees, loss of goodwill, etc.), and we need not refund any fees you have already paid.

10. Disclaimer

YOU USE THE SERVICES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, CONDITIONS, OR OTHER TERMS, INCLUDING BUT NOT LIMITED TO WARRANTIES, CONDITIONS, OR OTHER TERMS RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, PERFORMANCE, UTILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. FURTHERMORE, WE DO NOT WARRANT THAT THE SERVICES OR ANY DEVICES, SYSTEMS, OR NETWORKS RELATED TO THE USE OF THE SERVICES WILL NOT BE SUBJECT TO INTRUSION OR ATTACK.Any content downloaded or otherwise obtained through the use of the Services is obtained at your own risk. You shall bear full responsibility for any damage to your computer system or mobile device and any data loss resulting from the foregoing or from your access to and use of the Services. In addition, TalkingData does not warrant, endorse, guarantee, recommend, or assume liability for any products or services advertised or offered by any third party through the Services or any hyperlinked website or service. TalkingData does not participate in or in any way monitor any transaction between you and third-party product or service providers.Subject to currently available technologies and conditions, this Platform cannot guarantee that AI Modeling Agent services are free of defects. You understand and agree that this Platform makes no warranty regarding the continuity, timeliness, security, or error-free nature of the services. You access this Platform via the public Internet, and data transmission inherently involves network risks. For loss, delay, alteration, or interception of data in the transmission path not caused by this Platform, this Platform assumes no liability.

11. Limitation of Liability and Exclusions

11.1 Under no circumstances shall TalkingData be liable for the following damages:(a) Indirect, incidental, exemplary, special, or consequential damages;(b) Data loss or damage, or business interruption or loss, caused by third parties;(c) Loss of revenue, profits, goodwill, or expected sales or earnings, under any theory of law, whether or not such damages arise from the use of or inability to use software or other products, even if TalkingData has been advised of the possibility of such damages.The aggregate liability of TalkingData and its affiliates, officers, directors, employees, agents, suppliers, and licensors to you (whether arising from warranty, contract, or tort (including negligence)), for any reason or in any manner of conduct, shall in no event exceed the service fees actually received by this Platform for the specific service module or service period giving rise to the dispute as of the date the damage occurred. Nothing in this Agreement limits or excludes liability that cannot be limited or excluded under applicable law.11.2 Special Disclaimer for AI-Generated Content and Aggregator Positioning StatementYou acknowledge and confirm that, as a large language model and Agent aggregation service platform, this Platform's core function is to provide you with a unified API interface to access multiple third-party models. This Platform itself does not develop, train, or own any third-party models accessed through this Platform. This Platform will fulfill content security management duties within the technical scope required by laws and regulations, but will not intervene in or control the output content of third-party models beyond the scope required by law.11.3 Disclaimer for Inherent Technical RisksYou acknowledge and confirm that, given the complexity and limitations of artificial intelligence technology and the inherent randomness associated with data scale and probability, and provided that this Platform has legally fulfilled relevant content security management obligations and taken reasonable technical measures:(a) This Platform cannot ensure that training materials will not be directly quoted, published, or disseminated by generative AI technology;(b) This Platform does not guarantee that content generated based on generative AI technology will differ significantly from training materials, or that third parties or the public will not associate the generated content with you or the training materials;(c) Content generated pursuant to AI Modeling Agent services is for reference only. This Platform does not guarantee the accuracy, comprehensiveness, or decision-support value of such content;(d) Any judgment you make based on output results, or any subsequent related operational acts you take thereon, and the consequences and liabilities arising therefrom (including but not limited to risks arising from reliance on the authenticity, accuracy, or fitness for a particular purpose of the output content, and risks arising from using the output content for commercial purposes) shall be borne by you alone.Where this Platform has fulfilled the foregoing reasonable obligations, risks related to generated content arising from the foregoing inherent technical limitations shall not be deemed a breach of this Agreement by this Platform, and this Platform shall not assume corresponding liability for breach; except where this Platform fails to fulfill statutory content security management obligations due to willful misconduct or gross negligence.11.4 Model Provider LiabilityYou understand and agree that the various models you access through this Platform are independently developed, trained, and operated by third-party model providers. Any disputes, claims, or legal liabilities arising from issues such as the quality of the model itself, the accuracy of output content, ownership of intellectual property, or compliance shall be borne by you and the third party respectively in accordance with legal provisions and contractual agreements. As a technical channel, if this Platform discovers that the output content of a third-party model violates laws, regulations, or regulatory requirements, it has the right to take disposal measures and assumes no related liability for breach or compensation.

12. Indemnification

You will defend, indemnify, and hold harmless us and our subsidiaries and affiliates and their respective agents, suppliers, licensors, employees, contractors, officers, and directors ("TalkingData Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to legal fees) arising from:(a) Your access to and use of the Services, including your use of any Output Data;(b) Your violation of any term of this Agreement, including but not limited to your breach of any representations and warranties set forth in this Agreement;(c) Your infringement of any third-party right, including but not limited to any privacy right or intellectual property right;(d) Your violation of any applicable law;(e) Interaction Data or any content submitted through your managed account, including but not limited to any misleading, false, or inaccurate information;(f) Your willful misconduct or misconduct involving gross negligence;(g) Any third party's access to and use of the Services using your username, password, or other authentication credentials.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the People's Republic of China (for the purposes of this Agreement only, excluding the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region).If a dispute arises in the course of performing this Agreement, the parties shall timely negotiate to resolve it. If negotiation fails, either party shall bring a lawsuit before a people's court with jurisdiction at the place where this Platform is located.

14. Miscellaneous

14.1 Assignability: Without our prior express written consent, you may not assign or transfer this Agreement or any rights and licenses granted hereunder, but we may assign without restriction. Any assignment or transfer in violation of this Agreement shall be void.14.2 Severability: If any provision of this Agreement, or any part of a provision, is invalid or unenforceable, it shall not affect the validity of the other provisions of this Agreement. The invalid or unenforceable provision shall be deemed deleted from this Agreement.14.3 Amendment from Time to Time: In accordance with changes in relevant laws and regulations and TalkingData's operational needs, we will amend this Agreement from time to time, and the amended Agreement will replace the prior Agreement. When using this Platform's services, you may timely review and understand the Agreement. If you continue to use the Services, you shall be deemed to have agreed to the modifications. In the event of any related dispute, the latest user agreement shall prevail. If you do not agree to the modifications, you have the right to stop using the services covered by this Agreement.14.4 Contact Information: If you have any questions about this Agreement or this Platform, or wish to make a complaint or report, you may contact us at support@tendcloud.com.Important Notice: This Agreement has clearly defined the positioning of the TalkingData AI Modeling Agent platform as an Agent aggregation service platform, and has fully set out the allocation of liability for third-party models, the inherent risks of AI-generated content, and the boundaries of the Platform's liability. Please carefully read all terms, especially Section 8 (Use of Third-Party Services) and Section 11.2 (Special Disclaimer for AI-Generated Content and Aggregator Positioning Statement).

TalkingData AI Modeling Agent Platform Terms of Service

Last updated on: September 30, 2026