Last Updated: [ December 23, 2020 ]
The Service (defined below) is owned and operated by Meitu (China)
Limited and its respective affiliates and provided to you under the following terms and conditions
user of the Service and the words “Meitu”, “we”, “our” and “us” refer to Meitu (China) Limited and
its respective affiliates, and their respective successors and assigns. By accessing the Service,
kindly do not access or use the Service.
While some aspects of the Service are provided to all Users for other
aspects, you must be at least eighteen (18) years of age. If you are below eighteen (18) years
old and wish to utilize such features of the Service requiring an account: you must obtain consent
to take responsibility for: (i) your actions; and (ii) your acceptance and compliance with these
accessing or using the Service.
following expressions shall have the following meanings:
1.1. “Account” means such account created for access
and/or use of the Application.
1.2. “Application” means the software application branded
1.3. “Content” means any information, data, skin details,
images, or other materials.
1.4. “Data Protection Policy” means the data protection
policy governing the Service, available on request and at [insert URL].
1.5. “Intellectual Property Rights” means throughout the
world and for the duration of the rights:
(a) patents, trademarks, goodwill, service marks, logos, get-up, trade
names, brand names, internet domain names, rights in designs, copyright (including rights in
computer software) and moral rights, database rights, semi-conductor topography rights, utility
models, trade secrets, inventions, confidential, business, scientific, technical or product
information and other intellectual property rights, in each case whether registered or unregistered
and including applications for registration, and all rights or forms of protection having equivalent
or similar effect;
(b) any other rights resulting from intellectual activity in the
cybersecurity, commercial, industrial, scientific, literary and artistic fields and whether dealing
with manufactured products or services;
(c) rights under licences, consents, orders, statutes or otherwise in
relation to a right under sub-paragraph (a) above;
(d) rights of the same or similar effect or nature as or to those in
sub-paragraphs (a) and (c) which now or in the future may subsist; and
(e) the right to sue for infringements of any of the foregoing
1.6. “Loss” means all liabilities, costs, expenses,
damages and losses (including but not limited to any direct, indirect or consequential losses, loss
of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full
indemnity basis) and all other professional costs and expenses).
1.7. “Personal Data” has the meaning ascribed to it in
the Data Protection Policy.
1.8. “Service” means the skin analysis device branded as
“MeituEve” and the Application, (including any websites in connection therewith) developed, operated
and/or managed by Meitu.
1.9. “Third Party” means any company or service provider
that facilitates your access to and/or use of the Service.
1.10. “UserID” means the unique login identification name which
identifies a User who has an Account.
2. LICENCE TO USE APPLICATION
2.1. The Application is proprietary to Meitu and must not
be used other than strictly in accordance with the terms set out herein. Meitu grants to you a
personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the Application.
In no event shall the aforesaid license granted be deemed to be a transfer of part or all of its
Intellectual Property Rights to you.
2.2. Meitu reserves all rights not granted
2.3. For the avoidance of doubt, Meitu shall not at any
time be obliged to provide any adaptations, enhancements and/or modifications to the Application,
including without limitation any updates, patches, bug-fixes and/or upgrades to the Application, or
any new versions and/or releases of the Application which incorporate new features or
2.4. You may not under any circumstances: (i) copy, sell,
resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on
a “pay-per-use” basis, publish or otherwise reproduce the Application or any part thereof in any
form by any means; (ii) adapt, modify, decompile, disassemble, localise, port and/or reverse
engineer the Application or any part thereof; (iii) remove, obscure or destroy any copyright, trade
secret, proprietary or confidential legends or marking of Meitu placed upon or contained within the
Application; (iv) prepare or develop derivative works based on the Application; and/or (v) use the
aforesaid restrictions shall result in immediate and automatic termination of all rights and licence
granted hereunder. The use restrictions set out herein shall survive the termination of these Terms
3. GENERAL CONDITIONS FOR THE USE OF THE SERVICE
3.1. You must comply with Meitu’s notices, guidelines and
operating rules and policies pertaining to the use of the Service which Meitu issues from time to
time. These notices, guidelines and operating rules and policies will generally be issued to you via
email and/or publication on the Service’s website or such other method of notification as may be
designated by Meitu in its sole discretion, which you acknowledge shall be sufficient notice for the
purpose of this clause. It is important that you review the notices, guidelines and operating rules
and policies whenever we update them or you use the Service. If you continue to use the Service
after we have updated such notices, guidelines and operating rules and policies it means that you
accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the
Service anymore. If you are a U.S. based User, the only exception is for changes to the “Dispute
Resolution” section, for which you have followed the process in Section 19.
3.2. You must also: (i) abide by all applicable laws and
regulations in your use of the Service; (ii) not impersonate any person or entity or to falsely
state or otherwise misrepresent your affiliation with any person or entity; (iii) not infringe any
Intellectual Property Rights of third parties; (iv) not use, display, mirror or frame the Service or
any individual element within the Service, Meitu’s name, any Meitu trademark, logo or other
proprietary information, or the layout and design of any page or form contained on a page, without
Meitu’s express written consent; (v) not attempt to access or search the Service or download content
from the Service using any engine, software, tool, agent, device or mechanism (including spiders,
robots, crawlers, data mining tools or the like) other than the software and/or search agents
provided by Meitu or other generally available third-party web browsers; (vi) not collect or store
any personally identifiable information from the Service from other Users of the Service without
their express permission; or (vii) not encourage or enable any other individual to do any of the
3.3. Use of the products or services made available via
the Service or the distribution of materials via the Service may be restricted or prohibited by law
in certain jurisdictions. It is your responsibility to find out what those restrictions or
prohibitions are and observe them. If in doubt, you should check with your local regulator or
authority before requesting further information in relation to or entering into any transaction in
respect of the products or services made available on the Service. Nothing on the Service shall
constitute an offer on Meitu’s part to provide products or services to persons or entities resident
in countries where local law or regulation does not permit their use.
4.1. Meitu may from time to time without giving any
reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove,
whether in whole or in part, the Service and shall not be liable if any such upgrade, modification,
suspension, alteration, discontinuance or removal of the Service prevents you from accessing the
Service or any part or feature thereof.
4.2. Meitu reserves the right, but shall not be obliged
to: (i) monitor, screen or otherwise control any activity or content; (ii) investigate any violation
of the terms and conditions contained herein and take any action it deems appropriate; (iii) prevent
or restrict access of any User to the Service; and/or (iv) report any activity it suspects to be in
violation of any applicable law, statute or regulation to the appropriate authorities and to
co-operate with such authorities.
4.3. Meitu reserves the right to suspend, terminate or
disable your use of the Service at any time.
5. OTHER APPLICABLE TERMS/NEW FEATURES
specific aspects of the Service or more comprehensive or updated versions of the Application (the
“Specific Features”) may be subject to additional terms and conditions (the “Additional Terms”),
which will apply in full force and effect. You are required to accept these Additional Terms prior
to using the Specific Features. Such Additional Terms will be presented or otherwise communicated to
you before you use such Specific Features, and by clicking an “Accept” button or otherwise
affirmatively agreeing to the Additional Terms, you shall be deemed to have agreed to and accepted
those Additional Terms.
5.2. Meitu reserves the right (but shall not be obliged)
to introduce new products, applications, programmes, services, functions and/or features
(collectively the “New Features”) to the Service. The term “Service” shall include New Features
which are provided through the Service respectively at no charge or fee unless otherwise
5.3. All New Features shall be governed by these Terms of
Use and may be subject to Additional Terms with which you shall be required to agree to before
access to and use of such New Features are provided, and shall be deemed to have agreed to upon use
Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the
New Feature or Specific Feature in question unless otherwise provided.
6.1. When you use the Service for the first time, a
representative from a Third Party will create an Account for you and request certain information
from you. You represent and warrant that: (i) all information submitted by you for the purposes of
creating an Account and in the course of your use of the Service is truthful and accurate; (ii) you
will ensure that such information is kept up-to-date and accurate at all times; and (iii) your use
You agree that you are responsible for all activities that occur through use of your
6.2. Meitu may at any time in its sole and absolute
discretion forthwith invalidate your Account without assigning any reason therefor without prior
notice and shall not be liable or responsible for any loss or damage suffered by or caused to you or
arising out of or in connection with or by reason of such invalidation.
7.1. Through or in connection with the Service, the Third
Parties may offer or provide you with various products and/or services, for example skin care
products that may be of interest to you. Fees, commission or other charges may apply to certain of
these products of services. You acknowledge that except as otherwise indicated by Meitu, such
products and/or services offered are sold by the relevant Third Party and not Meitu. If you purchase
any of the products or services offered by these Third Parties, you are purchasing directly from
those Third Parties, not from Meitu, and you should contact the relevant Third Party for further
details regarding such products and services. Meitu neither endorses nor assumes any responsibility
or liability arising in connection with such products and/or services in respect. Transfer of risk
and property in purchased products, delivery, product warranties (including the conditions and
remedies for such warranties), support, refunds, returns, replacements, exchanges and any other
ancillary products or services in relation to such products and/or services shall be governed by and
subject to such terms and conditions as may be prescribed by the relevant Third Party.
7.2. Content and services from various sources, such as
third party content providers, including websites or webpages owned, operated and maintained by them
(the “Third Party Content”), may be included or provided through the Service. Neither Meitu nor any
third party content provider shall be liable for any errors or delays in the Service or any part
thereof, or for any actions taken in reliance thereon. Meitu is under no obligation to monitor or
review Third Party Content through the Service, and assumes no responsibility or liability for any
Losses arising from or in connection with any such Third Party Content nor for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or
any other objectionable material contained in any such content. Any hyperlink to any other website
or webpage (including any websites or webpages owned, operated and maintained by any third party) is
for informational purposes and your convenience only and is not an endorsement or verification of
such website or webpage and should only be accessed at your own risk.
7.3. The materials made available on the Service,
including any information, opinions and statements contained therein that are personal to you or
your skincare (the “Materials”) are intended for your personal reference only and should not be used
or relied on as a basis for making any decisions. They are not intended to be a comprehensive study
or to provide any recommendation or advice. Accordingly, they should not be relied on or treated as
a substitute for specific advice (including without limitation the advice of professional doctors
and other medical professionals). Please seek advice from a qualified professional to address any
questions you may have regarding any specific issue or concern you may have and the recommended
course of action in respect thereof.
7.4. The Materials were prepared on a particular date and
may not be updated or reflect any changes in law, events or practice since that date. Subject to
applicable law, neither Meitu nor the author of the Materials undertakes any obligation to update
the Materials or to correct any inaccuracy that may become apparent at a later time. All
information, opinions and statements contained in the Materials are subject to change without
8.1. The Service is provided “as is” and “as available”.
NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING
CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE SERVICE OR ANY INFORMATION,
PRODUCTS AND MATERIALS PROVIDED THROUGH THE SERVICE. Without prejudice to the generality of the
foregoing, Meitu does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the
Service; (ii) that your use of and/or access to the Service, or the operation of the Service, will
be uninterrupted, secure or free from errors or omissions or that any identified defect will be
corrected; (iii) that the Service will meet your requirements or that the Application is free from
any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that
use of the Service by you will not infringe rights of third parties; or (v) that the products,
services, materials and information, including the Materials, provided through the Service are
appropriate or available for use in your jurisdiction. In the event that the laws of the
jurisdiction you are in do not permit or impose restrictions on the access to any content on the
Service, you shall forthwith discontinue access to such content or comply with such restrictions (as
the case may be).
8.2. You acknowledge and agree that Meitu does not
warrant the security of any information transmitted by or to you using the Service and you hereby
accept the risk that any information transmitted or received using the Service may be accessed by
unauthorised third parties and/or disclosed by Meitu and by its officers, employees or agents to
third parties purporting to be you or purporting to act under your authority.
8.3. You will not hold Meitu or any of its officers,
employees or agents responsible or liable, in contract, tort (including negligence or breach of
statutory duty), equity or otherwise, for any such access or disclosure or for any Loss (whether
direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any
such access or disclosure.
9. DATA PRIVACY AND CONFIDENTIALITY
9.1. The Data Protection Policy explains how we treat
your “personal information”, “personal data” and other similar information as defined under
applicable data protection laws (collectively, “Personal Data”) and protect your privacy when you
use the Service. You agree to be bound by the Data Protection Policy, which you have read and
9.2. Certain products and/or services may be provided on
a part of the Application via framing or via a third party’s own website or webpage (to which you
may be directed from the Application) and may even be co-branded with Meitu’s logos or trademarks,
even though they are not operated or maintained by Meitu. You acknowledge that any submission of
Personal Data via such part of the Application or the third party’s website or webpage shall be to
the third party directly and not Meitu and Meitu shall not be deemed to have collected any Personal
Data submitted by you in such manner. In effect, you would have left Meitu’s website when you visit
such parts of the Application or the third party’s such website or webpage. You further acknowledge
that any collection, use and/or disclosure of such Personal Data on such parts of the Application or
the third party’s such website or webpage shall not be governed by the Data Protection Policy but
shall be subject to such terms and conditions as may be prescribed in the third party’s own privacy
policy, which is accessible at the framed part of the Application on which the third party is
providing its products and/or services or at the relevant part of the third party’s website or
webpage. Meitu shall not be responsible for the privacy practices or policies of the third party.
You are encouraged to learn about the privacy practices or policies of such the third
9.3. Meitu may contract with one or more third parties to
provide, maintain and host the products or services on the Application. Therefore, any information
you submit (including when creating an Account) may be placed and stored on a computer server
maintained by a third party. You acknowledge that such information could pass through and may be
stored in servers outside Meitu’s control. You agree that Meitu has no liability or responsibility
for any such pass through or storage of the same.
9.4. You consent to the collection, storage,
communication and processing of any of your information by any means necessary for Meitu to maintain
appropriate transaction and account records and to the release and transmission to and the retention
by the relevant third party service providers and hosts of your information to enable your use of
the Service. You further consent that your Personal Data may be transferred to countries in which
such third party service providers operate their businesses including but not limited to United
States of America, China, Hong Kong and Japan.
9.5. You acknowledge that all transmissions (whether by
email or otherwise) to and from this Service cannot be guaranteed to be completely secure or
error-free and the same could arrive late, be intercepted, corrupted, lost, destroyed, or
incomplete, or contain viruses and may not be received by the intended recipient. Consequently, you
understand that you should not provide any private or confidential information (whether yours or any
third party’s) when using the Service (including when creating an Account) unless you want it to be
10. EXCLUSION OF LIABILITY AND INDEMNITY
10.1. Subject to applicable law, Meitu shall in no event nor
for any reason whatsoever be liable, even if Meitu has been advised of the possibility of such Loss,
for any Loss, including direct, indirect, special, or consequential damage, or economic loss,
arising from or in connection with:
(a) any access, use or the inability to access or use the Service,
including in connection with any maintenance, breakdown, fault or non-availability of any part of
(b) any system, server or connection failure, error, omission,
interruption, delay in transmission, undeliverable messages, problem with your computer (or such
other access or electronic device including but not limited to cellular telephones, smart phones and
personal digital assistants), computer virus or other malicious, destructive or corrupting code,
agent program or macros;
(c) any Materials provided by Meitu, including but not limited to the
reports (whether electronic or physical) on your skin condition, skin analyses, 3D simulations of
your skin texture, 3D simulations of your acne marks and 3D simulations of your wrinkle
(d) any use of or access to any other website or webpage provided
through the Service;
(e) any services, products, information, data, software or other
material obtained through the Service or from any other party referred through the Service
(including without limitation any Third Party), or through the use of the Service or reliance on the
Service or the contents thereof;
(f) your use or misuse of the Service;
(g) any defect, error, imperfection, fault, mistake or inaccuracy with
the Service, its contents or associated services; or
(h) problems caused by any remedial or preventative measure which may
be taken by Meitu in the event of any occurrence of the foregoing.
10.2. In no event shall Meitu be liable to you, or any other
(a) damages arising in connection with your use of and/or access to
the Service, by you or any other third party; or
(b) any indirect, special, economic or consequential damage or loss
10.3. The exclusions in this Section 10 shall take effect
except in the cases where our intentional act or gross negligence causes loss or damage and to the
fullest extent permitted by law. If for any reason Meitu’s liability may not be so excluded, to the
maximum extent permitted under law, the maximum aggregate liability of Meitu in connection with your
breach thereof shall not exceed USD100.
10.4. The exclusions and limitations of damages set forth above
are fundamental elements of the basis of the bargain between Meitu and you.
10.5. You shall indemnify and hold harmless and keep Meitu
indemnified in full against all and any Loss howsoever arising which may be brought against or
suffered or incurred by Meitu arising from or which is directly or indirectly related to:
(a) your access to and/or use of the Service and/or any other person
or entity'’s use of the Service where such person or entity was able to access and/or use the
Service by using your UserID (where applicable); and
(including any warranty, representation and obligation therein) by you or by any other person or
entity where such person or entity was able to access and/or use the Service by using your
11. INTELLECTUAL PROPERTY
11.1. You agree that, unless otherwise indicated, Meitu owns or
licenses (as the case may be) all Intellectual Property Rights in the Service. You further agree
that Meitu owns all Intellectual Property Rights in all derivative works (including without
limitation any reports, test results and analyses) generated by the Service from your
11.2. You may access the Service provided that Meitu or the
relevant copyright owners retain all copyright and other proprietary notices contained on the
content and materials on the Service. The trademarks, logos, and service marks (collectively the
“Trademarks”) displayed in connection with the Service are registered and unregistered Trademarks of
Meitu and where applicable, third party proprietors identified on the Service. No right or licence
is given to any party accessing and/or using the Service to download, reproduce or use any such
12. COMPLAINT REPORT HANDLING
12.1. You agree that you shall use the Service only in a clean
and safe environment.
12.2. If Meitu becomes aware of any User’s misuse or improper
use of the Service, it shall be entitled to take any measures it deems appropriate in its sole and
absolute discretion to prevent such further misuse or improper use.
13.1. You agree that the Service may include advertisements.
You agree to receive advertising information from Meitu, its affiliates and from third- party
partners during the use of the Service.
13.2. Meitu and its affiliates have not reviewed the accuracy
of advertising information that are relevant to third parties’ products or services, and you should
determine the authenticity of such advertisements yourself and be responsible for your own judgment.
Unless expressly provided by applicable laws, Meitu and its affiliates shall not be held liable for
any Loss suffered by you as a result of any action taken by you or any transaction entered into by
you in connection with any such advertisement.
14.1. Meitu, in its sole discretion, may with immediate effect
upon giving you notice in any manner prescribed in Section 16 below directly or through a
representative of a Third Party, terminate your right to access and/or use the Service and/or
invalidate your UserID and may bar access to the Service (or any part thereof) for any reason
whatsoever, including without limitation, a breach of any of the terms and conditions of these Terms
cease and terminate and you shall forthwith cease the use of the Service in any way whatsoever.
reports, which shall be sent to you separately by email or otherwise make available to you.
shall not bring to an end Meitu’s rights or your rights, accrued prior to termination, and your
Meitu may impose such further terms and conditions and make such
time. Meitu will notify you of such amendments via email and/or publication on the Service’s website
or such other method of notification as may be designated by Meitu, which you agree shall be
sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments,
you shall immediately cease all access and/or use of the Service. You further agree that if you
continue to use and/or access the Service after being notified of such amendments to these Terms of
Use, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these
16.1. Any notice or other communication in connection with
(a) if given by Meitu to you electronically, will be deemed to have
been received upon delivery (and a delivery report received by Meitu will be conclusive evidence of
delivery even if the communication is not opened by you); and
(b) if given to Meitu electronically, will be deemed to have been
received upon being opened by us.
17.1. Meitu shall not be liable for any non-performance, error,
interruption or delay in the performance of its obligations or in the Service’s operation if due, in
whole or in part, directly or indirectly to an event or failure which is beyond its reasonable
control (including acts of God, natural disasters, epidemics, pandemics, server or system
instability, technical issues, network quality, communication lines, computer failures, acts of war
or terrorism, acts of any government or authority, power failures or power supply problems, acts or
defaults of any telecommunications network operator or carriers, Internet or network related
problems, problems with the services rendered by third party vendors or service providers and the
acts or a party for whom Meitu is not responsible for).
shall be at liberty to initiate and take actions or proceedings or otherwise against you in
Singapore or elsewhere as Meitu may deem fit, and you hereby agree that where any actions or
proceedings are initiated and taken in Singapore, you shall submit to the jurisdiction of the courts
of Singapore in all matters connected with your obligations and liabilities under or arising out of
supersede and replace all prior oral or written understandings or agreements between Meitu and you
or otherwise, without Meitu’s prior written consent. Any attempt by you to assign or transfer these
Use to any third party without restriction.
notwithstanding any change in Meitu’s name or constitution or Meitu’s merger, consolidation or
Meitu’s successor entity).
invalid, illegal or unenforceable (whether in whole or in part) by an arbitrator or a court of
competent jurisdiction, such provision shall be deemed modified to the extent necessary to make the
relevant provision valid, legal or enforceable, and if such deemed modification is not possible,
18.5. No failure or delay to exercise Meitu’s rights under
be effective only if in writing and signed by a duly authorized representative of Meitu. Except as
18.6. You acknowledge and agree that any communications,
transactions, instructions or operations relating to use of the Service that are communicated to you
by Meitu or any relevant person authorised by Meitu shall be binding on you for all purposes
whatsoever, and any records of the foregoing that are maintained by Meitu or any relevant person
authorised by Meitu shall be conclusive evidence of such communications, transactions, instructions
or operations. You further acknowledge and agree that Meitu’s decisions on all matters relating to
18.7. No person or entity who is not a party to these Terms of
Use shall have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B of
such person or entity has been identified by name, as a member of a class or as answering a
particular description. For the avoidance of doubt, this shall not affect the rights of any
in English, but may be translated into other languages (e.g. Japanese and Korean). Should any
hereof, the English language version shall be controlling.
Service, please contact Meitu at [insert email, phone number, and/or postal address].