「Kling AI」 Terms of API Paid Service

Thank you for using the API Paid Services of Kling AI!

These Terms of API Paid Service, which is incorporated herein by reference (together, these “Terms” or this “Agreement”), and is an important document that you should read ,is alegally binding contract between you and LOHAS GAMES PTE LTD. and its affiliates (collectively, “Kling AI”,“Company”, “us”, “we”, or"our") regarding your use of the API Paid Services of Kling AI and associated software applications and websites (collectively , “API Services”,“Services”). References to "User ",“you”, and “your” refer to the individual accepting this Agreement.

In order to use the API Paid Services and related functions, you should read and comply with Agreement, Kling AI Terms of Service, Kling AI Privacy Policy, Service Level Agreement (SLA) and other terms,agreements ,rules guidelines, policies, notices and instructions pertaining to the use and/or access of our platform, the API Services and related promotions and other activities, as well as any amendments to the foregoing, issued by us from time to time(hereinafter collectively referred to as the “Service Agreements and Rules”). This Agreement is a supplemental agreement to the Kling AI Terms of Service and Kling AI Privacy Policy, and is incorporated in each of them, which collectively constitutes an agreement binding upon you. In case of any conflict or inconsistency between this Agreement and the Kling AI Terms of Service or Kling AI Privacy Policy , this Agreement shall prevail to the extent of such inconsistency. For matters not stipulated in this Agreement, the Kling AI Terms of Service and the Kling AI Private Policy shall apply.

YOU MUST CAREFULLY READ AND FULLY UNDERSTAND THESE TERMS, INCLUDING ANY TERMS THAT MAY EXEMPT OR RESTRICT YOUR LIABILITIES AND/OR RESPONSIBILITIES AND ANY TERMS THAT MAY RESTRICT AND/OR CONSTITUTE A WAIVER OF YOUR RIGHTS, AS THEY APPLY TO YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS, YOU SHALL NOT USE ANY API SERVICES OF Kling AI OR ANY OF OUR OTHER SERVICES.

ALL DISCLAIMERS, INDEMNITIES AND EXCLUSIONS IN THIS AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT BETWEEN US FOR ANY REASON.

Anyone below the age of 13 or other minimum age as defined under the applicable laws of your jurisdiction (“Minimum Age”) shall not use the API Services. If you have reached the Minimum Age but are under the age of majority as defined under the applicable laws of your jurisdiction (“Majority Age”), you may only use the API Services through the representation of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts these Terms.

We reserve the right to amend, replace and/or otherwise update these Terms from time to time. We will use reasonable endeavors to notify you of any material changes to these Terms.

Every time you wish to use our API Services, please check these Terms to ensure you understand the Terms that apply at that time. You may determine if any such update has taken place by referring to the date on which these Terms were last updated. Your continued use of our platform and the API Services constitutes your acknowledgement and acceptance of such changes.

1. Definitions

1.1 “API Paid Services” , namely the “Kling AI API Product Service”or simply “Service” , refers to the technical service of Kling AI through API provided by us to you. (collectively , “API Services”,“Services”)Please refer to our official platform or Product Service Rules for specific information.

1.2 “API” means each application programming interface created or owned by us and licensed to you pursuant to this Agreement.

1.3 “Product Service Rules” refers to any documents, agreements, rules, terms, etc. related to the products and services provided by us, which are published by us through our official platform, management console or any other means and might be updated at any time according to business needs, including but not limited to product descriptions, product pricing, operating guidelines, product service level agreements (SLAs) , compensation standards, etc.

1.4 “Client Application” means the website, client, application, platform, mini-program and mobile or non-mobile smart terminal device that uses this Service and is legally operated by you.

1.5 “Applicable Law” means all applicable legislation, regulations, any and all directives and/or guidelines of any applicable regulatory, governmental authority.

2. Purchase and use of API Services

2.1 You must register or log in to your Kling AI account before you can continue to purchase and use any API Service.

2.2 The service fees will be clearly stated on your purchase page. You can choose the specific service type and pay the stated price.

2.3 Before you purchase or use any API Services, please be sure to read and fully understand these Terms especially the rules of use of the specific API Services to which you intend to purchase, as well as the terms and conditions that we will bring to your attention in a reasonable manner such as boldface, etc. (including, but not limited to, the rules governing payment and refund, the rules governing the use of the benefits associated with the API Services, the exemption or limitation of liability).

2.4 If you do not agree with any or all of the terms and conditions of these Terms, please do not confirm (such confirmation include but is not limited to checking the box to agree to these Terms, clicking on the buy now option , making payment for the API Services )your agreement to carry out the next step or your use of any of the API Service. Your confirmation of the next operation or the use of any of the API Services means you have read and agree to sign all the contents of this Terms.

2.5 You will be able to access the API services after you complete the steps to obtain the API Service in accordance with the relevant pages of the platform and after successful payment of the service fee is confirmed.

2.6 Please note that the validity period of the API Service you have obtained.

2.7 As the API Services and associated benefits are virtual consumer products, the service fee will be the price of the online product corresponding to the API Service you purchased, and is not deemed to be a prepayment, deposit, earnest money, savings card, or any similar item. Once the API service fee is paid, it will not be refunded.

2.8 If you are unable to use the purchased API Services due to any changes in applicable laws and regulations, government actions, changes in circumstances, or other factors, we will notify you in an appropriate manner, but we will not be liable for any losses incurred by you as a result. If you have any questions about this, you can contact us at our contact details set out in the “Contact Us” section below.

2.9 Please note that we may send you information such as recommended content, paid user benefits, promotional activities, etc., through the email address with your User Account, or via in-site messages and announcements. If you do not wish to receive such information, you can unsubscribe or turn off the notifications at any time by following the steps to unsubscribe or selecting the turn-off options provided on the relevant pages of the platform.

3. You Rights and Obligations

3.1 Compliance with Applicable Laws: you must use the API Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.

3.2 You may, within the scope permitted by law, enjoy the service provided by us in accordance with the prior art and the provisions hereof.

3.3 Unless otherwise stipulated in the Special Terms, we hereby grants you a non-exclusive, non-transferable or sublicensable, time-limited, revocable license to use the products and technologies in this Service within the geographical scope of business. You understands and agrees that any materials, software, data, etc., provided by us to you belong to we, and you has no right to disseminate, transfer, license, or provide these resources to others for use, otherwise, you shall bear corresponding responsibilities. We will retain all rights not explicitly granted to you.

3.4 If relevant information and materials are required to achieve the purpose of the Agreement, you shall confirm that the information and materials submitted by you are true, accurate, complete and timely. Otherwise, we have the right to refuse to provide relevant services. If any losses are caused to us or a third party, you shall bear full responsibility.

3.5 If you uses, transfers, sublicenses, or leases any resources, technical support, or services provided by us beyond the scope of our authorization (including transfer, sublicense, or lease to your affiliates); or applies for intellectual property registration, filing, or registration for our products and services without our prior consent, or modifies our products and services or develops new programs, technologies, or other derivative products based on our products and services to compete with us, we have the right to immediately suspend the service, and you shall be solely borne by all losses and consequences thereby incurred, and we shall not bear any liability therefor. The aforementioned intellectual property rights that have been registered or applied for registration without consent shall belong to us.

3.6 To avoid ambiguity, You shall not refuse to pay service fees to us on the grounds that the expenses are not incurred by us. If your ClientApplication encounters abnormal access traffic, or suffers from hacker attacks such as network attacks from a third party and incurs expenses, you shall still pay the resulting expenses to us.

3.7 You shall guarantee that the data uploaded and stored in the Service or collected, stored, used, transmitted, transferred, publicly disclosed, and deleted through the Service are all data collected, obtained, or authorized by you in accordance with the applicable law (“Your Data”), and you will not and has not infringed upon the legal rights and interests of any individual or entity in any way. If your data contains relevant personal information of its end users or any third party, you guarantees that its collection and provision of the above information has complied with the principles of legality, legitimacy, and necessity, and has clearly stated the purpose, method, and scope of collecting and using the information and has obtained explicit authorization from the corresponding rights holder. We have the right to verify the authorization obtained by you, and you shall cooperate. You agrees that we have the right to process data within the scope of providing you with the services described in this Agreement and optimizing the effects of the services described in this Agreement.

3.8 You guarantees that the Key (access key and secret key) of the API provided by us can only be used for the authorized your Client Application.You shall properly keep the Key used for this Service and shall not transfer, rent, lend, disclose or leak the Key to any third party (including your affiliates) in any form. If the Key is used without authorization or other security issues occur, you shall immediately notify us, and we shall not be liable for the loss or damage caused by the above circumstances.

3.9 You shall take effective measures to prevent hacker attacks, password theft, illegal calls and other illegal activities that endanger information security, properly keep the interface, account password for the use of this Service and ensure the security of its own terminals and network. All activities performed through access to your interface, account password shall be deemed as your activities. You shall bear the consequences of loss or theft of account password and network insecurity.