Train Terms of Service (中文)

The Application uses your phonebook including names of your contacts and their phone numbers as part of its work. You hereby approve and provide your permission to use your phonebook and contacts, and that you are authorized to do so, without limitations.

You acknowledge and confirm that the use of the Application and most of its functions requires a Device that is connected to the internet. All costs from maintaining internet connection and/or any additional cost that will be required as a result of using the Application, shall be borne by you solely.

The Application may use certain features of your Device, such as camera, microphone, and photo gallery, as part of your use of the Application, and you will be required to approve such use in specific. You are not obligated to provide such approval, however it is strongly recommended to do so, in order to maximize the enjoyment of the Application.

Train does not provide any alternative or replacement for your mobile services or for any telephone line and does not allow you to make any emergency phone calls. You are required to maintain alternative communication option in order to ensure that you are able to freely make emergency phone conversations.

Upon the installation of the Application You will be required to register an account (the "Account") and to provide certain information about You. You hereby declare and acknowledge that You are not required to provide any information about yourself, except for Your phone number, gender, age and the username that You will choose as part of the registration process, within the framework of installing the Application.

Upon your registration, You will also be asked to select a username. You are responsible for maintaining the confidentiality of your username, and are fully responsible for all activities that occur under the Account with or without your knowledge. You agree to immediately notify Us of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

You must be at least 13 years old to use our Services (or such older age required in your country to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

You undertake that all information provided by You to Us is true and accurate, and consent to update this information in order to keep its accuracy, correctness and completeness.

Train hereby grants You, pursuant to the terms and subject to the conditions of these Terms, a limited, personal, non-exclusive, non-assignable, non-commercial, revocable, non-sublicensable license to use Application, for personal use only (the "License"). Train reserves all other rights to the Application that were not explicitly granted under these Terms.

The License shall be conditioned upon Your full compliance with these Terms and shall be immediately terminated upon any breach by You of any of these Terms.

Train shall not own the information that you shall submit as part of opening your Account or as part of using the Services. You undertake that You have all rights title and interest to all information that you submit to your Account or to other users via the Services.

You hereby grant Train a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information that you upload, submit, store, send, or receive on or through our Services, including without limitations movie, video, audio, text message, video message, audio message, AR message, location based AR message, image, stickers, special stickers (stickers with text or audio), and any other data for the limited purpose of operating and providing the Application and Train Services.

In case that you choose an option of sharing any information to or from third party vendors, You hereby acknowledge that such sharing shall be subject to such third party vendors end user licenses and/or terms of service, and shall be at your sole and exclusive responsibility.

As part of using the Application, You may, from time to time, provide certain User Generated Content (as such term is defined herein) to other users via the Application.

You hereby undertake not to, directly or indirectly make any use of the Application, including using User Generated Content provided by You and/or provided to You by any third party within the framework of using the Application for the purpose of: (I) Uploading content and/or information in which You have no ownership or right of use and/or which violates or may violate any rights of any third party, including without limitations proprietary or privacy rights. (II) Interference, disruption, limiting or preventing the use of the Application. (III) Uploading content and/or information which is misleading, false and/or harmful to Train and/or its executives, directors and/or to any third party. (IV) Uploading information which is abusive, insulting, defamatory, threatening forbidden or any other information of similar nature. (V) Any illegal purpose and/or in breach of these Terms. (VI) Harassment or false complaint. (VII) Causing damage to any third party. (VIII) Commercial or business use of the Application or any information transmitted thereof including sending messages or promotional material or information of any kind. (IX) Performing an action which is against the law. (X) Performing any action that deviates from the intended use of the Application. Or (XI) Transferring User Generated content which is a false report of an incident.

Within the framework of using the Application, You undertake not to cause and/or assist, either by acts or by omissions, either directly or indirectly, and/or to damage and/or breach contractual rights, proprietary rights, copyrights, moral rights, duties of care and trust, trade secrets, trademarks, patents; not to publish information that constitutes defamation, not to invalidate any privacy rights of a person, not to violate warrants, not to make advertising that is prohibited by law, and not to harm in any way state security or the rights of third parties.

You further undertake not to violate any law by uploading User Generated Content within the framework of using the Application, and You will not upload and/or publish within the framework of using of the Application, any contents which violates proprietary rights of others, any pornographic or sexually or sensitive materials and/or any materials relating to minors and/or identifies them, or materials that encourages and/or supports and/or assists in performing an act which constitutes a criminal offense under the applicable laws and/or providing passwords and/or personal information and/or intimate details about other users and/or harassment of users, impersonating others, advertising and/or promotion of commercial sales, political propaganda and/or promotion of candidates and parties in elections, the use of inappropriate language and/or offensive language, collecting information about others, change the location of information from the Application to elsewhere for commercial purposes or in a manner which may damage Train's business, make repeated messages, publishing false or misleading materials, posting links and/or any other illegal materials. For the avoidance of doubt it is hereby clarified that the aforementioned prohibitions shall also apply to uploading links to materials and/or improper content.

Part of Your User Generated Content and/or information to be provided as part of the registration process, will be saved in Train servers, and may be used as detailed in our Privacy Policy

Part of Your User Generated Content and/or information to be provided as part of the registration process, will be saved in Train servers, and may be used as detailed in our Privacy Policy

You undertake to refrain from any attempt to collect information and User-generated Content via the Application, including through technological means, operation or assistance to the operation of a computer application or by any other means designed to scan and/or copy and/or retrieve and/or mine information, to refrain from executing and/or causing any change to the Application, including to other users’ content, and not to interfere with the Application’s source code.

You undertake to refrain from any acts and/or omissions that may disrupt the Application's activity and/or the activity of users thereof, such as "viruses", "worms" and other harmful applications, accessing of computerized material, editing and/or inserting software in a manner that may cause damage or disruption to a device and/or materials.

You shall inform Train, immediately, regarding any possibility of damage that may be caused to other users and/or third parties and/or Train and/or of an existing or anticipated breach of the applicable law, due and/or as a result of Your use of the Application.

You hereby acknowledge that Train may take any action against a user who breaches these Terms by any means available to Train by the applicable law.

Any content that You will create and/or transfer via the Application, including without limitations movie, video, audio, text message, video message, audio message, AR message, location based AR message, image, stickers, special stickers (stickers with text or audio) , and any other data including your location, shall be considered as "User Generated Content".

You undertake, that there is no legal and/or contractual and/or any other obligation that prevents You from uploading and/or publishing and/or transferring the User Generate Content and that said User Generated Content is not in any breach of any applicable law and is not in breach of any right of any third party. Any User-generated Content uploaded by You shall be under Your sole and exclusive responsibility and Train will not be responsible in any way for such User Generated Content.

You shall be fully liable for any advertising and/or message and/or link that You have any part in uploading to or via the Application, including without limitations for act of defamation and/or breach of privacy and/or violation of proprietary rights and/or contractual and/or violation of a judicial decree and/or any other violation, and You expressly exempt Train, including its representatives, employees, managers and shareholders acting on its behalf ("Representatives"), from any and all responsibility and/or liability in connection therewith.

You hereby acknowledge that You are aware that the Application is only a platform for the transfer of the User Generated Content and therefore Train or its Representatives are not responsible, in any way, for the nature, reliability, correctness, completeness, legality and function of the User Generated Content, and that they are not responsible in case that a third party shall rely on the User Generated Content.

Train will not examine and/or monitor and/or supervise the User Generated Content that You will submit via the Application You acknowledge that User Generated Content that You transfer or receive via the Application might consist of harmful material prohibited by law or material that could potentially harm the recipient. You acknowledge and agree that You shall evaluate the risk in sending User Generated Content and You hereby exempt Train, fully and completely, including its Representatives of any responsibility for damage cost or expense accruing from or likely to be caused to any third party in connection with the publication of User Generated Content, and/or in connection with damages incurred or which may occur as a result of the publication of User Generated Content, as aforementioned.

Train may, at its sole discretion, refuse to allow You to share User Generated Content with others via the Application without the need to receive Your consent or provide You with prior notice, in case that Train suspects of violation and/or risk of violation of the provisions of these Terms, the provisions of the applicable law or the rights of third parties and/or as a result of technical reasons, including technological changes, or due to the request of the receiving party. Train may also notify You that there is no need for any such User Generated Content and therefore no such User Generated Content will be uploaded.

When You upload User Generated Content via the Application, You grant the receiving party with which You choose to share the User Generated Content, an irrevocable and free of charge, perpetual license to use and save such User Generated Content, as well as your contact information, provided that You are the owner of such User Generated Content and to the extent that such User Generated Content does not belong to a third party and subject to the applicable law. Uploading User-generated Content to the Application does not revoke the rights of the owner of the copyrights, to the User Generated Content, but it grants the receiving party to which You transferred the User Generated Content, a free of charge, non-exclusive license to use and save the said User Generated Content under the restrictions of the applicable law.

You hereby confirm and undertake that You are aware that the full responsibility of User Generated Content You choose to share with third parties and/or Train lies on You, and that any damage, loss or expense caused by any suit, claim or demand by a third party with respect thereto, will be under Your responsibility and on You exclusively.

You may not make amendments or copies, distribute, transmit, display, execute, reproduce, publish, license, create derivative works, or sell any material received by You via the Application.

As part of your use in the Application ,you will be able to film movies via the Train movie editor that involve augmented reality features and different elements that shall be considered as User Generated Content. You hereby undertake that you shall not, as part of creating any such movies, use any contents that are inappropriate or in breach of these Terms or in breach of any applicable law or regulation and that any breach of any third parties rights by creating or sending any movie that You shall create, including any feature or element incorporated in it, shall be at your sole and exclusive responsibility and you shall indemnify and hold Company harmless from and against any damage cost or expense caused to the Company as a result thereto.

Train will have no obligation to provide support, maintenance, upgrades, modifications or new versions of the Application. However, Train may from time to time issue upgraded versions of the Application, and might upgrade electronically and automatically the Application version that You are using on Your Device. You hereby give Your consent to such automatic upgrading, and agree that these Terms apply to all upgrades as stated.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION INCLUDING ANY DATA INCLUDING USER GENERATED CONTENT THAT YOU DOWNLOAD OR OTHERWISE ACQUIRE THROUGH THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND ACCORDING TO YOUR OWN DISCRETION AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Train HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Train DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. Train ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION. Train IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY HARDWARE OR SOFTWARE, OR TO ANY DAMAGE CAUSED TO USER’S DEVICE RELATED TO OR RESULTING FROM DOWNLOADING OR USING THE APPLICATION. UNDER NO CIRCUMSTANCES SHALL Train BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OR INABILITY TO USE OR ANY DELAY IN OR MELFUNCTION IN THE APPLICATION.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, Train HEREBY EXPRESSLY EXCLUDES ALL WARRANTIES OF ANY KIND, INCLUDING, INTER ALIA, WARRANTY FOR INTELLECTUAL PROPERTY RIGHTS OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Train IS NOT RESPONSIBLE FOR, AND DOES NOT WARRANT WITH RESPECT TO THE ACCURACY LEVEL, COMPLETENESS, USES OR RELIABILITY OF THE APPLICATION'S PERFORMANCES WHICH WILL BE ACHIEVED THROUGH THE USE OF THE APPLICATION.

Train SHALL HAVE NO LIABILITY FOR ANY USER INFORMATION INCLUDING USER GENERATED CONTENT INCLUDING FOR THE NATURE ACCURACY, COMPLETENESS, RELIABILITY, PROPRIETARY RIGHTS, QUALITY, AND CONTENT OF USER GENERATED CONTENT THAT WILL BE UPLOADED OR DELIVERED BY OR TO YOU WITHIN THE FRAMEWORK OF THE USE OF THE APPLICATION TO ANY THIRD PARTY AND ALL LIABILITY FOR SUCH INFORMATION WILL BE BORNE BY YOU OR THE THIRD PARTY THAT HAS SENT SUCH USER GENERATED CONTENT TO YOU EXCLUSIVELY. PLEASE BE ADVISED THAT PUBLICLY RELEASING SUCH INFORMATION COULD CAUSE SEVERE DAMAGES TO THIRD PARTIES AND THEREFORE PLEASE CONSIDER CAREFULLY BEFORE PUBLICLY RELEASING MATERIALS THAT MAY HARM ANY THIRD PARTY AND MAY BE IN BREACH OF PRIVACY LAWS.

ALTHOUGH THE APPLICATION PROVIDES INSTANT MESSAGING SYSTEM YOU ARE AWARE THAT THERE MAY BE MALFUNCTIONS THAT MAY PREVENT ALL OR PART OF THE INFORMATION THAT YOU CHOOSE TO SEND FROM REACHING ITS DESTINATION AND/OR THE RECIPIENT MAY CHOOSE NOT TO ACCEPT THE INFORMATION INCLUDING, COMMUNICATION FAILURES AND/OR CONNECTIVITY ISSUES WITH REGARD TO THE INTERNET AND/OR THE NETWORK AND/OR FAILURES IN SOFTWARE AND/OR FAILURES ON Train'S SERVERS AND/OR FAILURES IN TRANSFERRING THE INFORMATION, AND YOU HEREBY WAIVE FULLY AND COMPLETELY ANY CLAIM, SUIT OR DEMAND AGAINST Train IN CONNECTION WITH THE AFORESAID.

Train MAY INCLUDE COMMERCIAL CONTENTS OF THIRD PARTIES IN THE APPLICATION, INCLUDING ADVERTISING, BANNERS, ADS, POP-UP ADS ETC. YOU HEREBY EXEMPT Train, INCLUDING ITS REPRESENTATIVES, FROM AND AGAINST ANY RESPONSIBILITY AND/OR LIABILITY RELATED TO SUCH COMMERCIAL CONTENTS.

IT IS HEREBY CLARIFIED TO YOU, THAT THE INFORMATION THAT MAY BE ACCESSED VIA THE APPLICATION MAY BE UPDATED AND/OR AMENDED, FROM TIME TO TIME, AND THAT THE CONTENTS THAT ARE INCLUDED IN THE APPLICATION MAY BE DELETED AND/OR AMENDED WITHOUT PRIOR NOTICE, AND Train, INCLUDING ITS REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE COST OR EXPENSE, INCURRED IN SUCH CASE.

THE APPLICATION IS NOT INTENDED TO BE USED IN ANY COUNTRY WHERE SUCH USE WOULD VIOLATE LOCAL LAW OR THAT WOULD SUBJECT Train TO ANY REGULATIONS OF ANOTHER COUNTRY. Train RESERVES THE RIGHT TO LIMIT ITS SERVICES IN ANY COUNTRY.

TO THE EXTENT YOU CHOOSE TO INSTALL AND USE THE APPLICATION, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO APPLICABLE LOCAL LAWS. YOU ARE RESPONSIBLE FOR COMPLYING WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

IN CASE THAT IT WILL BE DETERMINED THAT Train IS LIABLE FOR DAMAGE, COST OR EXPENSE TO ANY THIRD PARTY, Train'S OBLIGATION SHALL NOT IN ANY WAY EXCEED THE AMOUNT ONE HUNDRED USD ($100).

IN CASE OF ANY DISPUTE BETWEEN YOU AND ONE OR MORE USERS, YOU HEREBY RELEASE Train FROM ANY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES). IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) TO THE EXTENT PERMITTED BY APPLICABLE LAW THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Train may terminate the License granted to You for using the Application granted in accordance with these Terms at any time and for any reason. Without derogating from the aforementioned, Your violation of these Terms shall result in the immediate termination of the License provided to You, and You, upon the termination of the License, will cease all further use of the Application.

These Terms shall be construed and governed under and by the laws of the State of New York. The parties agree that exclusive venue for any legal action relating hereto shall be in the courts of New York City. The parties agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts.

You agree to indemnify and hold Train and its Representatives, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Application in violation of these Terms or arising from a breach by You of these Terms or any breach in Your representations or warranties' including with respect to the User Generated Content that You transferred via the Application.

You hereby undertake to compensate and/or indemnify Train and/or its Representatives, immediately upon their first request, for any damage, injury, loss, expense, fee, lost profits, lost data, loss of use and damage to goodwill, that they may incur by any claim and/ or demand by a third-party, including any legal fees, due to violation by You of these Terms, concerning Your activities via the Application. Aforementioned indemnification shall not derogate from any remedy that Train is entitled to by any applicable law.

Under the following circumstances, you may request us to delete your personal information:

You can delete it through the following path: After entering the Train APP - click "Personal Center" - click "Customer Service Number" - Contact customer service to delete your personal information. When you are deleted from our service, we may not immediately delete the corresponding information from the backup system, but we will delete it when the backup is updated.

If you need to cancel your account after logging in to the App, you can open the Train App and enter the "Personal Center" -- the setting page in the upper right corner -- Account setting. Click "Log Out" to apply for online account cancellation service. We will arrange professionals to respond to the log out demand and complete the log out process within 7 working days. After you cancel your account, we will cease to provide you with products or services and will delete or anonymize your personal information as required by applicable law.

The Application may include software that has been supplied by third parties. Such software is provided "as is" without warranty of any kind, and said software will be subject to the limitations and conditions which are required by said third party.

You hereby acknowledge and agree that these Terms are entered into solely between You and Train, and not with Apple and/or Google, and that Apple and/or Google shall have no liability in connection with the Application. Your use of the Application will be in accordance with the terms of service of Apple or and/or Google and subject to them in addition to these Terms.

If it is determined that any provision included in these Terms cannot be enforced, then such provision will be removed or redrafted but only to the extent necessary to make it enforceable and other terms will remain valid.

A printed version of these Terms and any message delivered in electronic form shall constitute admissible evidence in legal or administrative proceedings based or associated with them, equally and under the same terms that apply to other records and business documents originally generated and saved in a printed format.

Any claim suit or demand by You against Train with respect to these Terms and/or the Application will be raised no later than 6 months from the date of the cause for the claim.

No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail or when sent by facsimile or e-mail to either parties' last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.

If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.

These Terms supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Application.

In the event of any conflict between the terms and conditions of these Terms and the terms and conditions of any license agreements appearing with or in the software products comprising the Application, these Terms shall prevail.

These Terms may not be assigned by You without the prior written consent of Train. Train may assign this Agreement without Your consent.

For information or questions you are welcome to contact Train via e-mail at support@astinaworld.com

The Software may use third party software or technology (including open source code and public domain code that may be used by the Software, etc., hereinafter), and such use has been legally licensed.

Please note that the third-party SDKs may have some changes in the type of data processing due to their version upgrades, policy adjustments, etc. Please refer to the privacy policy published by the third-party SDKs.