Privacy Policy
Privacy Policy
Your privacy is important to us.
Fano Labs Limited ("Fano", "we", "us" or "our") is dedicated to protecting the privacy of our users ("users" or "you"). This Privacy Policy (the "Policy") is meant to explain our practices regarding how we collect, store, use, manage and protect your user information (including your personal information) as a controller during your use of Fano Products including all its features (the "Services").
Please note that the scope of this Policy is limited solely to your user information (including your personal information) collected or received by Fano when you are using the Services. In this Policy, "personal information" refers to any information or combination of information that can be used to identify, contact or locate an individual to whom the collected information pertains. Such personal information may include your name, gender, phone number, email address, date of birth, images, geo-location, personal identity number, identifiable biometric information, and financial information.
BY USING OUR SERVICES, YOU ARE AGREEING TO THIS POLICY AND THE COLLECTION, USE, PROCESSING, RETENTION, DISCLOSURE AND SHARING OF YOUR USER INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, IN THE MANNER PROVIDED IN THIS POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS POLICY OR ANY SUBSEQUENT CHANGES TO THIS POLICY, PLEASE DO NOT USE OUR SERVICES.
Please note that it is mandatory for you to provide certain categories of data (as specified at the time of collection). In the event that you do not provide any or sufficient data marked as mandatory, we may not be able to complete the registration process or provide you with our Services. Also, please note that, unless we define a term in this Policy, all capitalized terms used in this Policy have the same meanings as in our Company Website Terms of Services. So, please make sure that you have read and understand our Terms of Service.
If you have any questions regarding this Policy or any privacy-related matters, please contact our Data Protection Officer via email at legal.team@fano.ai, by phone at +852 3543 1189, or via registered mail at Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong (attention: Finance and Administration Department, Fano).
THE INFORMATION WE COLLECT AND HOW WE USE INFORMATION
In order to provide and improve the Services, Fano will collect and process your personal information and user information in accordance with this Policy. If you do not provide this information, we may be unable to provide you with our products or Services. You should ensure that all personal information and user information submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with all or some of the Services.
The Information You Provide to Us
When you use the Services, we might recommend you sign up for an Account to take full advantage of the Services and all their features. When you create an Account, we will collect certain information that can be used to identify you or provide the Services to you, such as your user name, gender, date of birth and mobile phone number and location (collectively, “Registration Data”).
Mobile Device Information
When you use our Services on your mobile device, we will collect information about your device, including its International Mobile Equipment Identity ("IMEI"), Unique Device Identifier (“UDID”), Identifier for Advertising ("IDFA") and Identifier for Vendor ("IDFV"), Integrated Circuit Card Identifier ("ICCID"), Media Access Control ("MAC") address, the type of device you use, operating system version, and resolution, which will be used by us for statistical and/or analytical reasons, including without limitation to improve our technical functionality, server load-balancing, analysis of technical data relating to your mobile device so as to optimize the Services and graphics adaptation.
We may send you push notifications on your mobile device from time to time. If you no longer wish to receive these types of communications, you may turn them off from your mobile device.
As stated below in the “Location Information” section, we may collect your location-based information from your mobile device if you choose to share it with us. If you subsequently wish to stop sharing Location Information, you may do so at any time by editing the relevant setting on your mobile device.
Mobile Analytics
We use mobile analytics software to allow us to better understand and improve the functionality of our Services. Such software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.
Network Information
When you use the Services, we will collect information about the network you use, including the name of the operator and the type of network, so as to understand the distribution of operators and networks used by our users. In addition, we will collect information such as the name of the WiFi network to which you connect, the location of the WiFi network, and the duration of your WiFi connection to understand the environment under which you prefer to use our Services. We may use such information to provide customized services, for example to provide you with location-based advertising through push-notification.
Location Information
We will collect your Location Information, including the country code, latitude and longitude, network location, IP address and the system country and system time zone recorded on your device. This information will help us understand user distribution and usage scenarios and allow us to provide users with the correct version of our apps, the reappearance of the geo-location or the publishing of the real-time geo-location where you take any photos or shoot any videos, send relevant advertisements to you, and improve the Services. Except as otherwise provided in this Policy, we will not share this Location Information with any third parties. If you no longer wish to allow us to collect or use such information, you may turn off your Internet access or GPS, or disable our access to information about your network, GPS and device. Please note that we may still continue to receive some Location Information, such as your Network Information, IP address and system time zone, as a result of you using the Services.
Log Information
When you use some of the Services, including generating and browsing certain content, we will automatically collect certain relevant log information stored in Fano Products ("Log Information"). Log Information may include (i) details on when and how often you use the Services, (ii) device statistics, including critical operation paths, errors, crashes, language and time zone. This Log Information is used to improve the Services and is NOT USED to identify our users individually.
Identifiable biometric Information
By choosing to use the voice recording service, you understand and agree that we must upload your recordings to our server for processing for the purposes of providing such service to you and continuous optimization of our service.
Cookies
When you are using the Services, Fano or a third party designated by Fano will use cookies, tags and scripts to collect information for the purposes of analyzing trends, managing the Services, tracking users activity on the Fano Products and collecting demographics on the user base. Information collected may include information about your Internet Protocol (IP) address, browser type, Internet Service Provider (ISP), referring and exit pages, your operating system, dates and timestamps, and clickstream data.
Advertising
We and our third-party service providers may include advertisements within our Services, and may collect and use information about you such as your device identifier, geographic location and IP address for the purpose of delivering and tracking these advertisements. We will use this information to help us better count and track advertisements based on language, geographic location and other details. If you wish to opt out of interest-based advertising, you may opt out as your device permits. For more information, please contact us at legal.team@fano.ai. Please note you will continue to receive generic ads after you opt out of interest-based advertising.
Information Collected by Third Party Services
Our Services provided to you may contain our service provider’s Application Programming Interfaces (APIs) or Software Development Kits (SDKs), which may have tracking tools of such service providers. These third parties may use cookies, APIs and SDKs on our Services and collect and analyze user information. In addition, some third party SDKs may allow advertisers to collect information in order to provide content that is more relevant to you. Third parties may access your information such as your device identifiers, region (defined as the location where a given language is used), location information and IP address under their respective privacy policies. If you want to know more about such third parties, you may send an email to legal.team@fano.ai.
User Data Supplementation
We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products, services, and advertising that may be of interest to you. If you provide us with personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include: Purchased marketing data about our customers from third parties that is combined with information we already have about you, to create more tailored advertising and products.
If you provide us any personal information of any third party, you shall obtain the consent of such third party for the collection, use and disclosure thereof by Fano in accordance with these purposes. You further represent and warrant that in relation to any such third party personal information that you provide, you have obtained such consent for such collection, use and disclosure by Fano.
Other Information
We may also collect other information which is not related to your identity. For example, we may collect information on the type and version number of your operating system to better understand system upgrades, we may collect information on your system language for the purpose of language adaptation, and we may collect your App list to understand user preferences. If we choose to collect such information, we will do so for the purpose of improving our Services provided to you.
In addition to the uses listed above, we may, when needed by specific Fano Products, collect and use your user information and personal information for the following purposes:
(i) Services. To provide, process, maintain, improve and develop our Services provided to you, including customer support, and other services provided through our products.
(ii) Statistical analysis. To develop and analyze statistics on the use of our products and Services for the purpose of improving our products and our Services.
(iii) To create an Account. The personal information that we collect when you use or Services to create an Account will be used by us to create your Account and profile.
(iv) To facilitate your use of forums. Your information may be used when we display your profile, when you interact with other users and when you publish forum posts.
(v) To provide location-based services. When you use our Services, we or third party service providers may take advantage of your location information to provide you with advertising, the correct version of our Services and help you gain good user experience.
(vi) To improve user experience. Certain optional features such as user experience programs allow Fano to analyze data regarding the use of our products and our Services and improve user experience.
(vii) To provide push services. Device information may be used by us to provide push services to assess the performance of adverts and the success of software updates, or provide notifications on new product releases.
(viii) To verify your identity. Verifying your identity using a text message when you log in to your account helps prevent unauthorized logins to your account.
(ix) To collect feedback from you. Your feedback is of great value in helping Fano improve our Services. To keep track of your feedback, Fano may use the personal information provided by you to contact you and retain the records.
(x) Other purposes. We will collect, store, maintain and use information about you for purposes under the “The Information We Collect”, and for purposes of running our operations, pursuing our legitimate interests (e.g., direct marketing, research (including marketing research), network and information security, and fraud prevention), and satisfying our legal obligations.
INFORMATION SHARING AND DISCLOSURE
We will not sell any personal information to third parties. We may share your information with third parties who provide services on our behalf to help with our business activities. These services may include:
(i) Fulfilling orders and delivering packages;
(ii) Providing you with advertising;
(iii) Payment processing;
(iv) Providing customer services;
(v) Sending marketing communications;
(vi) Fulfilling subscription services;
(vii) Conducting research and analysis; and
(viii) Providing cloud computing infrastructure.
We will not share with or disclose to third parties (other than our service providers) your personal information in whole or in part except for the purposes of:
(i) protecting the security of others or their property;
(ii) preventing or dealing with fraud;
(iii) safeguarding the legitimate rights and interests of Fano;
(iv) taking action in line with our purposes as described in the "The Information We Collect" or the “How We Use Information” sections;
(v) complying with laws and regulations or requests by government departments, judicial authorities, law enforcement, or private parties, which are typically designed to uphold Internet security and the rights, property and safety of us, our users and third parties; and/or
(vi) evaluating or completing a transaction where we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or other event where your information may be sold or transferred.
THIRD PARTY WEBSITES AND SERVICES
The Services may contain links to other websites and services. In addition, other websites and services may reference or link to our Services. These other domains and websites are not controlled by us, and Fano does not endorse or make any representations about third party websites or services. We encourage our users to read the privacy policies of each and every website and service with which they interact. Visiting these other websites or services is at your own risk.
INFORMATION SECURITY
We will take reasonable measures to prevent the loss, improper use of, unauthorized access to or disclosure of information. For example, some of our Services will use encryption techniques (such as SSL) to protect your personal information. However, you understand and accept that (in the Internet industry) even though we take reasonable security measures, we cannot always guarantee that your information is 100% secure. You understand and accept that we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. Further, you understand and accept that the system and communication network used by you to access our Services may fail due to factors beyond our control.
INFORMATION ACCESS AND CONTROL
We will take all reasonable and appropriate technical measures to ensure that you can access, update and correct your personal information or other personal information provided to us by you when using our Services. Before you access, update, correct or remove such personal information, we may verify your identity in order to protect the security of your account.
DATA RETENTION AND CORRECTION, UPDATE AND DELETION
Subject to applicable laws and regulations and the fulfillment of our business or legal purposes, we will retain your information (including your personal information) for such period as is required for us to continue to provide you with our Services. If you wish to withdraw your authorization to our collection, use and disclosure of your personal information, exercise your rights under GDPR or other applicable laws, or wish us to correct, update or delete your personal information, you may send an email to legal.team@fano.ai, or mail your request to Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong (attention: Finance and Administration Department, Fano). We will process your request in line with applicable laws within a reasonable period of time after receiving your email or mail, and will cease collecting, using and disclosing your personal information thereafter, subject to certain exceptions prescribed by law. Please note that if you withdraw your consent or delete your personal information, your use of some of our Services may be affected.
INFORMATION ABOUT CHILDREN
We will not knowingly collect or request personal information from children under 13 (or any other age stipulated by law applicable to your region). If you are under 13, please do not send your personal information to us, including your name, address, phone number or email address. If you believe we may have any information about children under 13, you may send an email to legal.team@fano.ai or send a registered mail to Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong (attention: Finance and Administration Department, Fano). If we learn that we have collected personal information from children under 13 (or any other age stipulated by law applicable to your region), we will promptly take steps to delete such information and terminate the associated account.
CROSS-BORDER DATA TRANSFERS
You understand and agree that all information collected via or by Fano may be transferred, processed, and stored anywhere in the world, including but not limited to, mainland China, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide the Services.
GOVERNING LAW
This Policy is established, comes into force, and will be enforced and interpreted under the laws of Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of law provisions. Any disputes arising hereunder will also be resolved in accordance with the Terms of Service. We do not represent or warrant that this Policy complies with the privacy law of any jurisdiction. Therefore, you should not interpret this Policy in accordance with such law.
AMENDMENTS TO THIS POLICY
You agree that we may update this Policy according to relevant laws and regulations or based on Fano’s business decisions, and you agree to be bound by any such revisions hereto. We will post any significant changes to this Policy on Fano Products or notify you by other means as required by law.
IF YOU ARE A RESIDENT OF CALIFORNIA
If you are a resident of California, every year we will provide you free of charge with an opportunity to obtain a list of third parties to which we have disclosed or with whom we have shared your personal information for their direct marketing purposes during the previous year. If you are a resident of California and wish to obtain this list, you may send an email with the subject "The right to privacy of a California resident" to legal.team@fano.ai or send a registered mail to Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong, Hong Kong (attention: Finance and Administration Department, Fano).
FOR USERS IN THE EUROPEAN ECONOMIC AREA
Controller
The Controller for the purposes of Art. 4 no. 7 GDPR with respect to the processing outlined in this Policy is Fano Labs Limited, Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong. You may contact us via registered mail at the above address (attention: Finance and Administration Department, Fano) or via e-mail at legal.team@fano.ai.
Your rights as a Data Subject
As a data subject in the European Economic Area you have the following rights with regard to the processing of your personal data:
Right of access
As a data subject you have the right to obtain confirmation from us as to whether we are processing your personal data (Art. 15 para. 1 GDPR). If so, you also have the right to obtain access to the personal data and the information listed in Art. 15 para. 1 GDPR. This includes information regarding the purposes of the processing, the categories of personal data that are being processed and the recipients or categories of recipients to whom the personal data have been or will be disclosed.
Right to rectification
As a data subject, you have the right to rectification set out in Art. 16 GDPR, i.e. to have your inaccurate data processed by us rectification and incomplete personal data completed.
Right to erasure (“Right to be forgotten”)
As a data subject, you have a right to obtain from us the erasure of your personal data and we are obliged to erase your personal data without undue delay when one of the reasons listed in Art. 17 para. 1 GDPR applies. This can be the case, for example, if personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed (Art. 17 para. 1lit. a) GDPR).
If we have made the personal data public and are obliged to erase it, we are also obliged, taking account of available technology and the cost of implementation, to take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of those personal data (Art. 17 para. 2 GDPR).
The right to erasure (“Right to be forgotten”) does not apply if the processing is necessary for one of the reasons listed in Art. 17 para. 3 GDPR. This can be the case, for example, if the processing is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims (Art. 17 para. 3 lit. a) and e) GDPR).
Right to restriction of processing
As a data subject, you have a right to obtain from us the restriction of processing if one of the conditions provided in Art. 18 para. 1 GDPR applies. This can be the case, for example, if you contest the accuracy of the personal data. In such a case, the restriction of processing lasts for a period that enables us to verify the accuracy of the personal data (Art. 18 para. 1 lit. a) GDPR).
Restriction means that stored personal data are marked with the goal of restricting their future processing (Art. 4 para. 3 GDPR).
Right to data portability
As a data subject, you have a right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us if the processing is based on consent pursuant to point Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR and the processing is carried out by automated means (Art. 20 para. 1 GDPR).
In exercising your right to data portability, you also generally have the right to have your personal data transmitted directly from us to another controller if technically feasible (Art. 20 para. 2 GDPR).
Right to object
As a data subject, you have a right to object under the conditions provided in Art. 21 GDPR.
Right to withdraw consent
As a data subject, where consent is our legal basis for processing your personal data, you have the right to withdraw your consent at any time.
Right to lodge a complaint with a supervisory authority
As a data subject, you have a right to lodge a complaint with a supervisory authority under the conditions provided in Art. 57 para. 1 lit. f GDPR.
Exercise of your rights under GDPR
As a data subject, you may exercise any of the rights listed above in accordance with the instructions and limitations set forth in “Data Retention and Correction, Update and Deletion” above.
Additional Information on Your Rights as a Data Subject
For further information on your rights as a data subject please refer to Art. 12 to 21 GDPR, which can be accessed here: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679.
Terms of Service
Thank you for choosing Fano Labs Limited ("Fano") and the products that Fano Labs offers ("Fano Products").
Important: Before you use Fano Products (as defined below), Fano advises you to carefully read and make sure you understand the provisions of this Fano Products Service Agreement (the “Agreement”), especially those sections that are underlined and in bold, which might exclude or limit the liability of Fano Products or highlight your obligations. THE FANO PRODUCTS ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use Fano Products. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Fano Products immediately. If you have any questions regarding Fano Products or wish to provide feedback (including, but not limited to, suggestions and complaints) to Fano, You can contact us via email at legal.team@fano.ai, or by phone at +852 3543 1189.
1. Scope of this Agreement: This Agreement is made between you and Fano Labs Limited and its affiliates who assist Fano with respect to provision of the services (collectively, “Fano”, “we”, “us” or “our”) for your use of Fano Products. This Agreement incorporates the Company Website Privacy Policy. Fano may update this Agreement from time to time at its own discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must immediately cease your use of Fano Products. Because Fano Products is evolving over time, we may change or discontinue all or any part of Fano Products at any time and without notice, at our sole discretion. If you continue to use Fano Products after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement. The "Fano Products" are software Fano Products developed, operated and managed by Fano. Under this Agreement, "Fano Products" specifically refers to the website set up by Fano Labs for conducting sales and marketing activities over the Fano Products and other services provided by Fano as part of the Fano Products.
2. Protection of User Information and Personal Information: It is a fundamental principle of Fano to protect your user information and personal information. You agree that Fano will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please cease using Fano Products immediately and you may contact us via the contact details as first written above.
3. Account and Security: If you want to use certain features of Fano Products, you may have to create an user account (the “Account”). You can obtain an Account by registering for an Account or using your account with certain third-party services such as Google and Facebook (the “Third Party Account”). If you choose the Third Party Account option, we will create your Account by extracting from your Third Party Account certain personal information such as your name and email address and other personal information that your privacy settings on the Third Party Account permit us to access. Please keep secure your Account login credentials or your Third Party Account login credentials (as the case may be). As between you and Fano, you shall be solely responsible for theft or any unauthorized use of your Account login credentials and your Third Party Account login credentials due to your failure to keep this information secure or otherwise. You may terminate your Account at any time.
4. Non-commercial Use of Fano Products: You agree to use Fano Products in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post voices, audios, photos, videos and other content via Fano Products for your personal and non-commercial purposes or uses designated by Fano, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without the written consent of Fano.
5. Your Use of Fano Products: You shall be fully responsible for your use of Fano Products and for your User Content. You shall not produce, store or post any following information via Fano Products:
i. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
iii. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, social security number or other national identification number, non-public telephone number or non-public email address;
iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
v. information that violates the terms of this Agreement, laws, regulations, policies, social order and information that disturbs Fano’s normal operation;
vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
vii. information that helps or encourages others to do any of the above; or
viii. information that is otherwise deemed inappropriate by Fano.
Although we are not obligated to monitor access to or use of Fano Products or to review or edit any User Content, we have the right to do so for the purpose of operating Fano Products, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the operation of Fano Products.
If you violate this Agreement, you agree that Fano may, at its discretion or as required by law and policies, and without prior notice to you, take any action deemed appropriate by Fano, including, without limitation: (i) removing any offending User Content; or (ii) suspending or terminating your access to Fano, ceasing to provide any services related to Fano, and taking measures to restrict your access to your Account.
6. Content Ownership and License.
Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Fano Products; (ii) “Fano Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Fano Products (including you) or to us through Fano Products by Fano, including, without limitation, product features built into Fano Products; and (iii) “User Content” means any Content uploaded or provided by users of Fano Products and to be made available through Fano Products, but excluding any Fano Content (or derivatives thereof).
Content Ownership. Fano does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Fano and its licensors exclusively own all right, title and interest in and to the Fano Content and all associated intellectual property rights. You acknowledge that Fano Products and the Fano Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Fano Products or Fano Content. For greater certainty, if you incorporate any Fano Content into your User Content, we will retain all rights to the Fano Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through Fano Products, you hereby grant to Fano a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating and providing Fano Products to you and to other users of Fano Products, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote Fano Products. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that Fano and its sub-licensees are allowed to use them to the extent indicated in this Agreement.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Fano Products, nor any use of your User Content by Fano on or through Fano Products will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on Fano Products or outside of Fano Products. In addition, User Content you delete may persist for a limited period of time in backup copies. Fano is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Further, where your User Content is publicly available, you acknowledge that Fano cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and Fano has no responsibility in this regard. You agree that you will not have any claims against Fano arising from or relating to third parties using voice, audio, image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Fano shall also have the right to delete or remove any User Content in its sole and absolute discretion and without prior notice to you.
Rights in Content Granted by Fano. Subject to your compliance with this Agreement, Fano grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of Fano Products and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without the prior written consent of Fano.
7. Advertising: Fano Products may include advertisements in connection with providing Fano Products to you, which you acknowledge supports the provision of the services by Fano and hence is a reasonable and legitimate. You agree to receive advertisements made available to you by Fano or third-party partners while you are using Fano Products. Subject to Fano’s compliance with any applicable laws related to the provision of advertisements, Fano does not select, review or screen advertisements and is not a supplier of any of these Fano Products or services. Fano makes no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via Fano Products to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by law, Fano is not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
8. Feedback: We welcome feedback, comments and suggestions for improvements to the Fano Products (the “Feedback”). You can submit Feedback by emailing us at legal.team@fano.ai, or by phone at +852 3543 1189. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. License for the App.
Subject to your compliance with this Agreement, Fano grants you a limited royalty-free, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Fano reserves all rights in and to the App not expressly granted to you under this Agreement.
10. Indemnity: If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of Fano Products or the provision of User Content, including, without limitation, actual or alleged violation of any laws, regulations or other legal rights, or any breach of any term in the Terms of Service, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
11. Disclaimer: You agree to use Fano Products at your own risk. Fano Products is provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of Fano Products, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of Fano Products may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of Fano Products or any materials contained therein.
12. Limitation of Liability: To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of Fano Products, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
13. Not Responsible for Third Parties: We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Fano Products may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, Fano Products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
14. Force Majeure and Other Grounds for Exemption: Your use of Fano Products may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, Fano shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and Fano shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by law.
15. Modification, Suspension, and Termination of Fano Products: Except as otherwise stipulated in this Agreement, Fano shall have the right to modify, suspend, or terminate the operation of Fano Products and/or your access to Fano Products at any time, in its sole discretion and without any notice. Fano shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of Fano Products. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17.
16. Notification of Infringement: Fano has the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Fano Content, User Content and other material on Fano Products (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on Fano Products, please notify Fano in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to Fano addressed as follows: Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong.
Where Fano removes any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Fano under applicable law which you may have in respect of any Infringing Material appearing on Fano Products prior to such removal by Fano. You acknowledge and agree that Fano has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Fano Products or other third party sites.
17. Governing Law and Dispute Resolution: This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Hong Kong Special Administrative Region of People’s Republic of China, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and Fano to the exclusive jurisdiction of Hong Kong. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and Fano.
18. Inherent Risks.
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content or Account.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Fano Products’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. Fano will assume no responsibility for any data loss that is not solely caused by Fano.
19. Specific Terms for Users in the European Union.
The following specific provisions apply to users in the European Union:
(i) In addition to the choice of law made in Section 17, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called "Rome I Regulation") the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter "right of residence") contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 17.
Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Fano Labs Limited, Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong, telephone number +852 3543 1189, e-mail: legal.team@fano.ai) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— Fano Labs Limited, Units 1507-1511, 15/F., Building 19W, 19 Science Park West Avenue, Hong Kong Science Park, Shatin, Hong Kong, telephone number: +852 3543 1189, e-mail: legal.team@fano.ai
— I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods /for the provision of the following service ,
— Ordered on /received on ,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date