Auto-Renewable Subscriptions Service Agreement
1. Acceptance and Modification of Terms of Service
This Agreement ("Agreement") is entered into between players ("Players") of Cat Fantasy and FLYINGBIRD TECHNOLOGY LIMITED and our controlled affiliates and subsidiaries (including but not limited to EMG Technology Limited, hereinafter collectively referred to as “Elex”), concerning the Players' use of the automatic renewal service provided by Elex ("the Service"). This Agreement describes the rights and obligations between Elex and Players regarding the use of the Service and related aspects. "Players" refers to individuals or single entities who enjoy subscription services provided by Elex. This Agreement constitutes a prerequisite for Players (whether individuals or entities) to use the Service provided by Elex. Unless Players accept the terms of this Agreement, they are not entitled to use the Service. Players' use of the Service shall be deemed as acceptance of all terms and conditions of this Agreement.
2. Service Description
2.1 The Service is designed to meet Players' needs for automatic renewal. Under the premise that Players have subscribed to the Service, it aims to prevent losses incurred due to negligence or other reasons by automatically deducting the fees for the next billing cycle from Players' own recharge accounts, third-party payment accounts bound to Players' accounts, bank accounts, or communication accounts (collectively referred to as "Accounts") when Players' validity period is about to expire. Players' authorization for Elex to deduct fees from the aforementioned Accounts is irrevocable, provided that Players have successfully linked their Cat Fantasy account with the said Accounts.
2.2 Automatic renewal specifically refers to Elex charging Players for the next billing cycle as per section 2.1. Players must ensure that Elex can successfully deduct payments from the aforementioned Accounts. Players shall bear responsibility for any failure to renew due to insufficient funds in the aforementioned Accounts.
2.3 When enjoying the Service, Players are bound by the "Terms of Service". By using the Service, Players are deemed to have agreed to the terms of service and various notices issued by Elex regarding the Service.
2.4 The Service provided by Elex is intended solely for use on the official platform. Any attempt to separate the Service content from the official platform through malicious cracking or other illegal means is not covered by the terms of this Agreement. The legal consequences arising from such actions shall be borne by the perpetrators, and Elex will pursue legal responsibilities in accordance with the law.
3. Rights and Obligations of Both Parties
3.1 Elex is responsible for providing Players with specific ways to inquire about automatic renewal charges, but is not responsible for printing relevant invoices and forwarding them to Players.
3.2 Elex shall deduct the fees for the next billing cycle from Players' aforementioned Accounts on the same day and record the payment in Players' payment records, simultaneously extending the validity period.
3.3 In case of errors during the deduction process, Elex and Players shall cooperate closely to identify the reasons. Each party shall bear the losses caused by their own faults. If losses are caused by unequal faults of both parties, they shall bear corresponding responsibilities according to the degree of fault. If both parties share responsibility, they shall share the responsibility equally.
3.4 Elex may change or modify the relevant service content, rules, and terms of this Agreement based on its business operations or technological upgrades. Before making such changes or modifications, Elex will announce the modified content on relevant pages, but is not obligated to provide individual notices. If Players do not agree to the modifications of this Agreement, they may cancel the obtained services and cease using them. If Players continue to use the services provided by Elex, they are deemed to have accepted all modifications to this Agreement.
3.5 Players have the autonomy to decide whether to cancel the Service. If Players choose not to cancel, they agree that Elex may attempt to deduct fees periodically according to certain rules. Once the deduction is successful, Elex will activate the monthly subscription service for the next billing cycle for Players.
3.6 If there is an adjustment in the price of monthly subscription service before or during automatic renewal, the current effective price shall apply.
3.7 Elex does not charge any fees for Players to activate this Service. However, Elex reserves the right to charge for this Service itself or adjust the automatic renewal period and fees based on business needs or market changes, and will announce such changes on relevant pages to Players.
4. Term and Termination of the Agreement
4.1 This Agreement shall become effective upon Players' acceptance or use of the Service and shall remain in effect until Players terminate the Service or deregister their account.
4.2 Players have the right to terminate the Service at any time through their account settings. Upon termination of the Service, Elex will cease providing the Service to Players.
4.3 Instructions previously entrusted by Players to Elex for automatic renewal and deductions shall remain valid even if Players choose to terminate the Service. Elex shall not refund any fees deducted based on such instructions, and Players shall bear the relevant responsibilities.
5. Liability for Breach
If either party breaches the Agreement, the non-breaching party has the right to seek compensation through the dispute resolution methods agreed upon by both parties."
6. Dispute Resolution and Applicable Law
Elex and Players shall resolve any disputes arising from the performance of this Agreement through amicable negotiation. If negotiation fails, either party has the right to submit the dispute to the local court for litigation."
Elex