USER AGREEMENT AND PRIVACY POLICY

1. CONSENT AND ACCEPTANCE

1.1.

AHA Friends Technology Limited has developed an app named toki. To use toki, the user (hereinafter referred to as "User" or “You”) shall agree to the provisions of this Agreement in its entirety and complete the registration process as indicated on the page. By clicking on “Sign Up” during the registration process, the User wholly agrees to all terms of this Agreement and acknowledges that AHA Friends Technology Limited reserves its right to amend or add to this Agreement any terms of use that AHA Friends Technology Limited deems reasonable. The User is required to regularly review the Agreement at (https://share.ahafriendsapp.com/web/front-app/app/privacy/index.html) to get the latest version, and the continual use of toki shall be deemed that the User agrees to comply with the latest version of the Agreement.

1.2.

The User hereby declares that,
(i) the User is not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in the country where the User is located and has the full legal capacity or the User has obtained informed consent from your parents or guardian to use the Web Services;
(ii) The information that the User provide in the registration process is correct, true, up to date and accurate.

1.3.

Except as stipulated otherwise in this Agreement, the Agreement does not provide for the terms of service relating to the use of other application or other services of AHA Friends Technology Limited. The User shall enter into relevant user agreement if he/she intends to use such app or service.

1.4.

In the Agreement, the User and AHA Friends Technology Limited shall be jointly referred to as the “Parties” and any one of them as a “Party”.

2. TERMS AND CONDITIONS

2.1.

By entering the Agreement, AHA Friends Technology Limited does not endorse any content produced by any user or other licensor via toki, or any opinion, recommendation, or advice expressed therein, and AHA Friends Technology Limited expressly disclaims any and all liability in connection with such content.

2.2.

For you to enjoy any and all functions provided by the app toki (hereinafter referred to as “the Service”) for free, including free access to and use of the Service, you acknowledge and agree that toki may generate revenues, increase goodwill or otherwise increase the value of AHA Friends Technology Limited from your use of the Service.

2.3.

To its best knowledge, AHA Friends Technology Limited operates toki in compliance with applicable laws and/or regulation in jurisdictions where toki is allowed to operate. AHA Friends Technology Limited makes no representation that AHA Friends Technology Limited’s user-generated contents or practices would be legal in every jurisdiction. It’s your responsibility to check and see whether toki’s operation is prohibited or not in your country of residence.

2.4.

You shall ensure that you are civilly capable of accepting the service and not underage based on applicable laws, which constitutes a minor in your resident country. If you are a minor, you are required to acquire permission from your legal guardian to use our app in your resident country. You are solely responsible for any negative outcome derived from your violation to such mandatory requirement.

2.5.

You shall not reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including but not limited to, pictures or messages you upload to the app. You are solely responsible for securing the rights or license to any third party content, including but not limited to, pictures or messages you upload and share on toki or other social medial platforms.

2.6.

You hereby agree not to use toki to conduct any activities that are against religious principles, public policies or any applicable laws. You shall not use toki to conduct any activities that are in relation with terrorism, pornography, religious extremism, drugs traffic or other illegal activities. You are solely responsible for any negative outcome derived from your violation to such mandatory requirement.

2.7.

You agree not to use the Service for any of the following commercial uses unless you obtain AHA Friends Technology Limited 's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;

2.8.

You agree not to use or launch any automated system, including but not limited to, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to toki servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

2.9.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or enforce limitations on use of the Service or the content therein.

2.10.

If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

2.11.

AHA Friends Technology Limited may in any event terminate this Agreement by sending a termination email to the User.

3. toki ACCOUNTS AND PRIVACY POLICY

3.1.

Without our prior written approval, you cannot transfer the account to any other third party.

3.2.

You will not create an account for anyone other than yourself without permission and you will not create more than one personal account. And if AHA Friends Technology Limited disabled your account, you will not create another one without our permission.

3.3.

Although AHA Friends Technology Limited will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AHA Friends Technology Limited or others due to such unauthorized use.

3.4.

AHA Friends Technology Limited may disable your account if AHA Friends Technology Limited reasonably believes that you use this account to carry out any illegal activities.

3.5.

AHA Friends Technology Limited values your privacy and agree not to disclose or provide to a third party with your registered information or any non-public content, which may be collected when you use our service unless we get your prior approval or we are requested to disclose by a competent authority under applicable laws or regulations.

3.6.

Notwithstanding the foregoing, AHA Friends Technology Limited may disclose your registered information to our affiliated companies for data analysis from commercial perspective or disclose your registered information to our partner if such partner agrees to protect the information in the way AHA Friends Technology Limited does.

3.7.

AHA Friends Technology Limited may use your information in the app for the rankings and may exhibit them for others to see.

3.8.

AHA Friends Technology Limited may exhibit the photos you choose to upload from Instagram in your personal profile of toki and You can cancel the uploading and exhibiting anytime.

3.9.

When you register our app, you agree that we can send you our updates and promotional messages. If you don't want to receive them anymore, you can send us email to toki.userservice@gmail.com.

3.10.

If you purchase a product or service from us, we and/or our third-party payment processors may also collect your payment information.

3.11.

Information obtained from third parties. You may give us permission to collect your information from services provided by third parties. For example, you may connect a social networking service (“SNS”) such as Facebook or Twitter to your account opened with us. When you do this, it allows us to obtain information from those accounts (for example, your friends or contacts).

3.12.

Payment Information. Making an in-app purchase may require you to share personal identification information with us. In this case, we do not actively collect any of your payment information, and we do not send or share the information to any third party. If any private information is shared through any third party payment service provider during purchases, it is stored and secured by third party payment service provider. We only receive the payment information that third party payment service provider share to us, which we store as a record of the transaction on our end, and only use for optimizing our product experience.

3.13.

If users violate laws, regulations and platform rules, after receiving the report, the platform may submit some voice records and/or text message as the basis for content audit and investigation.

3.14.

Privacy-relevant permissions requested by toki:



i CONTACTS OF PHONE


Used for permissions that are associated with accessing the contacts in the user's device. This permission allows toki to recommend the user's friends in the contacts to himself so as that they can play games and have fun on toki together.



ii PHONE_STATE


Used for permissions that are associated telephony features, including but not limited to: Device ID, IMEI, MAC Address, Android Version, screen display information, device keypad information, network operator, connection type, device manufacture details and model name.



iii LOCATION


Used for permissions that are associated with accessing user's location. This permission allows toki to exhibit the user's location in the profile and recommend interesting people aside the user's location.



iv CAMERA


Used for permissions that are associated with accessing camera or capturing images/video from the device. This permission allows toki to capture the user's selfies in order for them to be viewed in the profile, or allows the user to take photos and send to friends on toki.



v MICROPHONE


Used for permissions that are associated with accessing microphone in the user's device. The permission allows the user to voice chat with people they meet on toki.



iv CAMERA


Used for permissions that are associated with accessing camera or capturing images/video from the device. This permission allows toki to capture the user's selfies in order for them to be viewed in the profile, or allows the user to take photos and send to friends on toki.



vi STORAGE


Used for permissions that are associated with accessing and uploading from the storage in the user’s device. The permission allows toki to download game-related resources, and upload the user's photos from the gallery in the device to the profile or to friends on toki.



vii ADVERTISING ID


Used for permissions that are associated with accessing advertising id provided by Admob, Facebook, Linkedme. The permission allows toki to collect the user's data of downloading and using toki, so as that the user experience and the strategy of advertising toki in the market can be improved. Link to privacy policy of third party service providers used by the app
Admob
Facebook
Linkedme



viii HOME SCREEN SHORTCUTS


The permission allows toki to create home screen shortcuts in the user's devices and make it quicker and more convenient to start toki.



ix REQUEST OF MAC ADDRESS


The permission allows toki to distinguish users when necessary such as locking users who break the rules.



x Read the List of Installed Applications


This permission allows toki to read the list of installed applications in users' devices, with user's permission, the information of third-party apps can be accurately provided, allowing users to share anytime conveniently.

4. INTELLECTUAL PROPERTY

4.1.

All text, data, images, graphics, audio and/or video information and other materials produced when using our app or service are property of AHA Friends Technology Limited and are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring you any license of any intellectual property rights or such materials.

4.2.

You are prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from us.

4.3.

AHA Friends Technology Limited shall not be liable for any loss or damage incurred by you when using toki or service or incurred by systematic problem.

4.4.

Any intellectual property rights of any software works (including but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party shall not be infringed. You cannot reverse engineer, decompile or disassemble such software or works without the prior permission of the copyright holder.

4.5.

The content on your recorded short videos on toki, and the trademarks, service marks and logos (hereinafter referred to as "Marks") in the videos, are owned by or licensed to AHA Friends Technology Limited, subject to applicable copyright law and other intellectual property law.

4.6.

You hereby grant AHA Friends Technology Limited a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit and perform the videos in connection with the Service, which is perpetual and irrevocable.

4.7.

Ownership: Platform Materials. All rights, title and interest in and to all materials that are part of the Services (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) with the exception of UGC (collectively, the “Platform Materials”), are, as between AHA Friends Technology Limited and you, owned by AHA Friends Technology Limited and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading the Platform Materials or by purchasing any Virtual Currency or Virtual Items. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Platform Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any Platform Materials posted on the Services by AHA Friends Technology Limited, or any derivative works thereof. All rights not expressly granted by this Agreement are reserved by AHA Friends Technology Limited and its licensors, and no license is granted hereunder by estoppel, implication or otherwise; UGC. You represent and warrant that your UGC is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in this Agreement without AHA Friends Technology Limited incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of your UGC is your sole responsibility and the Company is not responsible for any material that you (and other users) upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using your UGC with the Services, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sub-licensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your UGC in connection with operating, providing and promoting the Services. AHA Friends Technology Limited does not guarantee the accuracy, quality, or integrity of any UGC appeared on the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that AHA Friends Technology Limited will not under any circumstances be liable for any UGC, including, but not limited to, errors in any UGC, or any loss or damage incurred by use of such UGC. The Company reserves the right to remove and permanently delete your UGC from the Services with or without notice for any reason or no reason. You may notify AHA Friends Technology Limited of any UGC that you believe violates this Agreement, or other inappropriate user behavior, by reporting to our customer service.

4.8 Objectionable Content


We want toki to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us. We ask members of toki community to follow these guidelines for what is and isn’t allowed on toki.

4.8.1

Hate Speech


We do not allow hate speech on toki because it creates an environment of intimidation and exclusion and in some cases may promote real-world violence. We define hate speech as a direct attack on people based on what we call protected characteristics — race, ethnicity, national origin, religious affiliation, sexual orientation, caste, sex, gender, gender identity, and serious disease or disability. We protect against attacks on the basis of age when age is paired with another protected characteristic, and also provide certain protections for immigration status. We define attack as violent or dehumanizing speech, statements of inferiority, or calls for exclusion or segregation. 



Do not post:



1.Content targeting a person or group of people on the basis of their protected characteristic(s) with any of the following:

a) Race, ethnicity, national origin and religious affiliation
b) Countries, governments, government leaders and government officials
c) National names, national anthems, national flags and national emblems



2.Content targeting a person or group of people (including all subsets) on the basis of their aforementioned protected characteristic(s) or immigration status with:

a) Violent speech or support in written or visual form
b) Dehumanizing speech or imagery in the form of comparisons, generalizations, or unqualified behavioral statements to or



about:
i.Insects
ii.Animals that are culturally perceived as intellectually or physically inferior
iii.Filth, bacteria, disease and feces
iv.Sexual predator
v.Subhumanity
vi.Violent and sexual criminals
vii.Other criminals (including but not limited to “thieves,” “bank robbers,” or saying “all [protected characteristic or quasi-protected characteristic] are ‘criminals’”)
viii.Statements denying existence



c)Mocking the concept, events or victims of hate crimes even if no real person is depicted in an image

d)Designated dehumanizing comparisons, generalizations, or behavioral statements (in written or visual form)- that include:
i.Black people and apes or ape-like creatures
ii.Black people and farm equipment
iii.Jewish people and rats
iv.Muslim people and pigs
v.Muslim person and sexual relations with goats or pigs
vi.Mexican people and worm like creatures
vii.Women as household objects or referring to women as property or 'objects'
viii.Transgender or non-binary people referred to as 'it'

3.Content targeting a person or group of people on the basis of their protected characteristic(s) with:

a) Generalizations that state inferiority (in written or visual form) in the following ways:

i.Physical deficiencies are defined as those about:
1 giene, including but not limited to: filthy, dirty, smelly
2 Physical appearance, including but not limited to: ugly, hideous
ii.Mental deficiencies are defined as those about:
1 Intellectual capacity, including but not limited to: dumb, stupid, idiots
2 Education, including but not limited to: illiterate, uneducated
3 Mental health, including but not limited to: mentally ill, retarded, crazy,
insane iii.Moral deficiencies are defined as those about:
1 Culturally perceived negative character trait, including but not limited to: coward, liar, arrogant, ignorant
2 Derogatory terms related to sexual activity, including but not limited to: whore, slut, perverts

b) Other statements of inferiority, which we define as:
i.Expressions about being less than adequate, including but not limited to: worthless, useless
ii.Expressions about being better/worse than another protected characteristic, including but not limited to: "I believe that males are superior to females."
iii.Expressions about deviating from the norm, including but not limited to: freaks, abnormal

c) Expressions of contempt or their visual equivalent, which we define as: i.Self-admission to intolerance on the basis of a protected characteristics, including but not limited to: homophobic, islamophobic, racist
ii.Expressions that a protected characteristic shouldn't exist
iii.Expressions of hate, including but not limited to: despise, hate

d) Expressions of dismissal, including but not limited to: don′t respect, don't like, don′t care for

e) Expressions of disgust or their visual equivalent, which we define as:
i.Expressions that suggest the target causes sickness, including but not limited to: vomit, throw up
ii.Expressions of repulsion or distaste, including but not limited to: vile, disgusting, yuck

f) Cursing, defined as: i.Referring to the target as genitalia or anus, including but not limited to: cunt, dick, asshole
ii.Profane terms or phrases with the intent to insult, including but not limited to: fuck, bitch, motherfucker
iii.Terms or phrases calling for engagement in sexual activity, or contact with genitalia or anus, or with feces or urine, including but not limited to: suck my dick, kiss my ass, eat shit

4.Content targeting a person or group of people on the basis of their protected characteristic(s) with any of the following:

a) Calls for segregation
b) Explicit Exclusion which includes but is not limited to "expel" or "not allowed".
c) Political Exclusion defined as denial of right to political participation.
d) Economic Exclusion defined as denial of access to economic entitlements and limiting participation in the labour market,
e) Social Exclusion defined as including but not limited to denial of opportunity to gain access to spaces (incl. online) and social services.


4.8.2 Violent and Graphic Content


We remove content that glorifies violence or celebrates the suffering or humiliation of others because it may create an environment that discourages participation. 
Do not post:

1.Videos or Photos of people or dead bodies in non-medical settings if they depict

a) Dismemberment
b) Visible internal organs; partially decomposed bodies
c) Charred or burning people unless in the context of cremation or self-immolation when that action is a form of political speech or newsworthy
d) Victims of cannibalism
e) Throat-slitting

2.Videos or Photos of capital punishment of a person

3.Videos or photos that depict non-sexual child abuse

4.Videos or Photos of people or dead bodies in a medical setting if they depict

a) Dismemberment
b) Visible internal organs; partially decomposed bodies
c) Charred or burning people, including cremation or self-immolation when that action is a form of political speech or newsworthy
d) Victims of cannibalism
e) Throat-slitting

5.Videos or Photos of wounded or dead people if they show

a) Dismemberment
b) Visible internal organs; partially decomposed bodies
c) Charred or burning people
d) Victims of cannibalism
e) Throat-slitting

6.The following content involving animals:

a) Videos or Photos depicting humans killing animals if there is no explicit food consumption, preparation, processing or manufacturing, or hunting context
b)Imagery of animal to animal fights, when there are visible innards or dismemberment of non-regenerating body, unless in the wild
c)Imagery of humans committing acts of torture or abuse against live animals

7.Videos or Photos that show the violent death of a person or people by accident or murder

8.Still images depicting the violent death of a person or people

9.Imagery that shows capital punishment of a person

10.Videos or Photos that show acts of torture committed against a person or people

11.Videos or Photos of physical bullying or violence against minors in a fight context shared with a condemning caption

12.Imagery of non-medical foreign objects (such as metal objects, knives, nails) involuntarily inserted or stuck into people causing grievous injury

13.Imagery of animals in a ritual slaughter context showing dismemberment, or visible innards, or charring and burning

14.Imagery of visible innards in a birthing context

15.Imagery of non-medical foreign objects voluntarily inserted into people through skin in religious or cultural context

4.8.3 Adult Nudity and Sexual Activity



We restrict the display of nudity or sexual activity because some people in our community may be sensitive to this type of content. Additionally, we default to removing sexual imagery to prevent the sharing of non-consensual or underage content. Restrictions on the display of sexual activity also apply to digitally created content.

Do not post:

1.Images of

a) Real nude adults, where nudity is defined as

i.Visible genitalia except in the context of birth giving and after-birth moments or health-related situations (for example, gender confirmation surgery, examination for cancer or disease prevention/assessment)
ii.Visible anus and/or fully nude close-ups of buttocks unless photoshopped on a public figure
iii.Uncovered female nipples except in the context of breastfeeding, birth giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest

b)Sexual activity, including

i.Sexual intercourse

1.Explicit sexual intercourse, defined as mouth or genitals entering or in contact with another person's genitals or anus, where at least one person's genitals are nude
2.Implied sexual intercourse, defined as mouth or genitals entering or in contact with another person's genitals or anus, even when the contact is not directly visible, except in cases of a sexual health context, advertisements, and recognized fictional images or with indicators of fiction

3.Implied stimulation of genitalia/anus, defined as stimulating genitalia/anus or inserting objects into genitalia/anus, even when the activity is not directly visible, except in cases of sexual health context, advertisements, and recognized fictional images or with indicators of fiction

ii.Other sexual activities including (but not limited to)
1.Erections
2.Presence of by-products of sexual activity
3.Stimulating genitals or anus, even if above or under clothing
4.Use of sex toys, even if above or under clothing
5.Stimulation of naked human nipples
6.Squeezing female breast except in breastfeeding context

iii.Fetish content that involves
1.Acts that are likely to lead to the death of a person or animal
2.Dismemberment
3.Cannibalism
4.Feces, urine, spit, snot, menstruation, or vomit

4.8.4 Sexual Solicitation



We draw the line, when content facilitates, encourages or coordinates sexual encounters between adults. We also restrict sexually explicit language that may lead to solicitation because some audiences within our community may be sensitive to this type of content and it may impede the ability for people to connect with their friends and the broader community.

Do not post:

1.Attempted coordination of or recruitment for adult sexual activities, including but not limited to:

a) Filmed sexual activities
b) Pornographic activities, strip club shows, live sex performances, erotic dances
c) Sexual, erotic, or tantric massages

2.Explicit sexual solicitation by, including but not limited to the following, offering or asking for:

a) Sex or sexual partners
b) Sex chat or conversations
c) Nude photos/videos/imagery

3.Content that meets both of the following criteria:

a) Criteria 1: Offer or Ask

i.Content implicitly or indirectly (typically through providing a method of contact) offers or asks for:
1.Nude imagery, or
2.Sex or sexual partners, or
3.Sex chat conversations

b) Criteria 2: Suggestive Elements
i.Content makes the aforementioned offer or ask using one of the following sexually suggestive elements:
1.Contextually specific and commonly sexual emojis or emoji strings, or
2.Regional sexualized slang, or
3.Mentions or depictions of sexual activity (including hand drawn, digital, or real world art) such as: sexual roles, sex positions, fetish scenarios, state of arousal, act of sexual intercourse or activity (sexual penetration or self-pleasuring), or
4.Imagery of real individuals with nudity covered by human parts, objects, or digital obstruction, including long shots of fully nude butts

4.8.5 Cruel and Insensitive



We remove explicit attempts to mock victims and mark as cruel implicit attempts, many of which take the form of memes and GIFs.

Do not post:

1.Content that depicts real people and laughs at or makes fun of their premature death, serious or fatal disease or disability, starvation, physical violence, domestic violence, or serious physical injury
2.Content that contains sadistic remarks and any visual or written depiction of real people experiencing premature death, serious physical injury, physical violence or domestic violence.
3.Imagery that depicts real animals that are visibly experiencing and being laughed at, made fun of, or contain sadistic remarks for any of the following:

a) premature death
b) serious physical injury (including mutilation)
c) physical violence from a human


4.8.6 Inappropriate Business Information



We do not allow inappropriate business promotion or commercial promotion on toki, in order to protect the environment of toki community and the interests of users. Inappropriate business information including but not limited to the following

situations:

1.Promoting mobile social networking services other than toki
2.Promoting mobile entertainment services other than toki
3.Promoting any products or services without official permission from toki
4.Sending or Publishing misleading content or content that is intended to deceive users.

4.9.

Copyright Complaints. Notification. If you believe that your work has been copied in a way that constitutes copyright infringement, you should notify us of your infringement claim in accordance with the procedure set forth below. AHA Friends Technology Limited will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our copyright complaint email address at toki.userservice@gmail.com. To be effective, the notification must be in writing, in either the English or Chinese language, and contain the following information:

4.9.1.

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

4.9.2.

a description of the copyrighted work that you claim has been infringed;

4.9.3.

a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it efficiently;

4.9.4.

your address, telephone number, and email address;

4.9.5.

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

4.9.6.

a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

4.10.

Counter-Notification: If you believe that your UGC that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your UGC, you may send a written counter-notification containing the following information to our copyright complaint email address:

4.10.1.

your physical or electronic signature;

4.10.2.

identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

4.10.3.

a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

4.10.4.

a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

5. LIMITATION OF LIABILITY AND INDEMNITY

To the fullest extent permitted by law, in no event shall AHA Friends Technology Limited, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any of the following,

i errors, mistakes, or inaccuracies of what you produce on toki or other social media,

ii personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,

iii any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

iv any interruption or cessation of transmission to or from our services,

v any bugs, viruses, trojan horses, or the toki, which may be transmitted to or through our services by any third party, and/or

vi any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not AHA Friends Technology Limited is advised of the possibility of such damages.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless towards AHA Friends Technology Limited, its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

i your use of and access to use any and all functions provided by toki;

ii your violation of any term of the Agreement;

iii your violation of any third party right, including without limitation any copyright, property, or privacy right; or

iv any claim that your videos caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.

6 VIRTUAL CURRENCIES AND VIRTUAL ITEMS

6.1.

The Services may include an opportunity to top-up, subscribe, purchase and/or obtain virtual currency (“Virtual Currency”) and/or virtual items (“Virtual Items”) that may require you to pay a fee using legal tender (that is, “real world currency”) to obtain the Virtual Currency or Virtual Items.

6.2.

Virtual Currency and Virtual Items such as diamonds, and props that you purchase in our Service will be stored in your account. If you use another account or lose this account, your items will not be transferred. It should also be noted that the purchase of these features and in-game currency last only for the duration of the Service. You understand that you do not own Virtual Currency and Virtual Items, but acquire a limited license to use Virtual Currency and Virtual Items according to the specific Service.

6.3.

You can subscribe to our Service, and make a payment for the subscription, thus is not refundable, exchangeable or transferable, and can be unsubscribed from the subscription management page.

6.4.

You can subscribe to our Service, and make a payment for the subscription, thus is not refundable, exchangeable or transferable, and can be unsubscribed from the subscription management page.

6.5.

AHA Friends Technology Limited retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Items at its sole discretion. Prices and availability of Virtual Items are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Services Virtual Items and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by AHA Friends Technology Limited. You have no other right, title or interest in or to any such Virtual Items or Virtual Currency appearing or originating in the Services.

6.6.

If you find there is a wrong charge, please contact us and we will do our best to help you.

6.7.

Due to the different international exchange rate of different currencies, the exchange rate of our Service is based on the rules of third party payment service provider. The final settlement price is subject to the price displayed at the time of settlement. We do not charge any additional fees in settlement.

7. MISCELLANEOUS

7.1.

You agree that: (i) the Service shall be deemed solely based in the Hong Kong, Special Administrative Region of China (“Hong Kong”); and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over AHA Friends Technology Limited, either specific or general, in jurisdictions other than Hong Kong, Special Administrative Region of China (“Hong Kong”).

7.2.

You agree that the laws of Hong Kong, Special Administrative Region of China (“Hong Kong”), excluding choice of law rules, will apply to the Agreement

7.3.

For any dispute arising out of or related to the Service, the Parties agree that such dispute shall be submitted to Hong Kong International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration.

7.4.

Unenforceability of some terms of the Agreement shall not affect validity of any other terms in the Agreement. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and AHA Friends Technology Limited 's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

7.5.

You agree to be bound further by toki’s privacy policy at https://share.ahafriendsapp.com/web/front-app/app/privacy/index.html, incorporated herein in this Agreement by reference. If you do not agree the Agreement, please stop your browsing of our website, your installing of our APP and delete the application from your device if you have already downloaded it.

7.6.

This agreement may appear in different languages and the English version shall prevail if any content of any other version in any other language conflicts with the equivalent part of this English version.

toki PRIVACY POLICY

SECTION 1 GENERAL TERMS

1.1.

AHA Friends Technology Limited has developed and operated a software program (an app) named “toki,” a social entertainment network/platform (the “Platform”), designed for you (the “User”) to access the contents that is made available on or through the Platform over the Internet (the “Web Service”)

1.2.

This toki PRIVACY POLICY (the “Privacy Policy”) applies to the User’s access and use of the Platform and/or the Web Service and is meant to help the User understand how toki collects, uses, and discloses the User’s information. By downloading or using the Platform, or accessing the Web Services, the User declares that he/she has read, understood and consented to the provisions of this Privacy Policy in its entirety. If the User does not consent to this Privacy Policy in its entirety, he/she shall not use or access the Platform and/or the Web Service.

1.3.

The text of this Privacy Policy may be modified from time to time due to changes of applicable regulations and policies, products and operational needs. The modified Privacy Policy will be published on toki, and the publication of the modified Privacy Policy shall mean that toki has appropriately informed the User of the modification of this Privacy Policy. If the User objects to the modified Privacy Policy, the User shall stop accessing the Platform, using the Web Service and/or deleting his/her toki account immediately. If the User continues to access the Platform or use the Service, regardless of the way the User accesses or uses, the User is deemed to have agreed with the modified Privacy Policy.

1.4.

Our Services are not for users below age 12 and we do not knowingly collect personal information from children under the age of 12. If you are a parent or guardian of a child under the age of 12 and believe he or she has disclosed personal information to us, please immediately contact our customer service. In the event that we learn that we have collected personal information from a child under age 12, we will halt the processing of such information and will take reasonable measures to promptly remove applicable information from our records.

SECTION 2 WHAT AND HOW INFORMATION IS COLLECTED

2.1.

“User Information” means the personal information and data that can be used to identify such User, including, but not limited to, name, nickname, gender, date of birth, email address, telephone number, credit card number, billing information, personal photo or pictures, other relevant data in connection with the User’s personal account on the Platform and other platforms and service providers, and data and information created, provided or shared by the User.

2.2.

The User Information may be collected by the following means:

2.2.1.

Information created and/or provided by the User:

When the User creates a toki account; creates, uploads, purchases, views, or downloads certain content or products on or from the Web Service; or otherwise uses the Web Services, the User may provide toki with a variety of the User Information.

2.2.2.

User Information that toki collects as the User uses the Web Service:

i. The User’s apps, browsers and devices: When the User connects to the Web Service, toki may, by using cookies or other technologies, collect certain User Information about the apps, browsers, and devices the User uses to access the Web Service, such as: unique identifiers, advertisement identifiers, browser type and settings, device type and settings, language, operating system and its version, mobile network information including carrier, and application version number, IP address, unique user ID, crash reports, system activity, date and time of request, and referrer URL, etc. For further information regarding “cookies”, please refer to Article 8 below.



ii. The User’s activities: toki may collect information about the User’s activities in the Web Service, which may include: the User’s views and interactions with content on the Web Service, purchase activity, people the User communicates or shares content with, activity on third-party sites and apps that concerns the Web Service, etc.



iii. The User’s location information: toki may collect information about the User’s location whenever the User uses the Web Service. The User’s location can be determined with varying degrees of accuracy by: GPS, IP address, sensor data from the User’s device, information about things near the User’s device such as Wi-Fi access points, cell towers, and Bluetooth enabled devices.

2.2.3.

Other Sources:

toki may obtain additional User Information from any third party or any source other than the Web Service, for which the User has approved toki’s access. For the purpose of this Article, when the User accesses the Web Service through a third-party service, connects to a third-party service through the Web Service, or otherwise links the User’s toki account with a third-party service, the User has approved toki’s access to the User Information from such third-party service.

Please note that in order to provide the Web Service to the User, toki needs certain types of User Information. If the User does not provide toki with such information, or asks toki to delete it, the User may no longer be able to access or use the Web Service.

SECTION 3 WHY TOKI COLLECTS INFORMATION

toki uses the User Information that toki collects for the following purposes:/p>

3.1.

Provide, maintain and improve the Web Service, and develop new services:

toki uses the User Information to operate, maintain, enhance, provide, create, and develop all of the features, functions and services of the Platform and the Web Service; automatically update the toki application on the User’s system; and remember the User Information so that the User will not have to re-enter it during the User’s visit or the next time the User accesses the Web Service.

toki may also use the User Information toki collects in the existing Web Service to help toki develop new services.

3.2.

Communicate with the User:

toki uses the User Information toki collects, like the User’s name, email address, to communicate and interact with the User directly. For example, toki may send notifications to the User, notify the User about upcoming changes or improvements on the Web Service, or contact the User regarding any content that the User has posted to or downloaded from the Web Service. In addition, if the User contacts toki, toki will keep a record of the User’s request in order to help solve any issues the User might be facing.

3.3.

Provide personalized services, including content and promotion:

toki uses the User Information to customize the Web Service for the User and improve the User’s experience with the Web Service, including providing content recommendations and delivering content that toki hopes the User will find relevant and interesting, including advertising and marketing messages. toki may also periodically send promotional materials or notifications to the User in relation to the Web Service.

3.4.

Measure performance:

toki may use data for analytics and measurement to understand how the User reacts to the Web Service. For example, toki analyzes data about the User’s visits to the Web Service to do things like optimize product design, monitor and store aggregate site usage metrics, such as total number of visitors and pages accessed, or understand the usage trends of toki’s user. If applicable, toki also tracks the User’s entries, submissions, and status in any promotions or other activities, and uses such data about the promotions the User interacts with to help advertisers understand the performance of their promotional campaigns.

3.5.

Protect toki, users, and the public:

toki uses information to help improve the safety and reliability of the Web Service. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm toki, the Platform, toki’s users, or the public.

3.6.

Other certain purposes:

toki may collect and process the User Information to perform its obligations as required by law or any court of competent jurisdictions or by any governmental, official or regulatory body.

In addition, to the extent permitted by the applicable law, toki may collect and process the User Information to honor contractual commitments, to take steps in anticipation of entering into contract, to fulfill toki’s contractual obligations, and to protect toki’s legitimate interests.

SECTION 4 WHEN INFORMATION IS SHARED

4.1.

When the User shares the User Information:

Many functions of the Web Service let the User share information with other people, and the User has control over how he/she shares. For example, the User can share a content on toki publicly or the User can decide to keep such content private. Remember, when the User shares information publicly, the User Information may become accessible through search engines.

When the User signs in and interacts with others in his/her use of Web Service, like leaving comments on live-broadcasting, the User’s name and photo may appear next to the User’s activity.

4.2.

When toki shares the User Information

4.2.1.

With the User’s consent:

toki will share User Information outside of toki when toki has the User’s consent.

4.2.2.

Share to affiliates, subsidiaries and personnel:

toki may disclose the User Information to its affiliates (meaning any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with toki), subsidiaries, and personnel (meaning any shareholder, director, consultant, officer, employee, servant or other personnel of toki or its affiliates or subsidiaries, and other professional, financial, legal or accounting advisers of toki) in order to refine and develop the business strategies and investment plans. toki’s affiliates, subsidiaries and personnel receiving the User Information shall be subject to this Privacy Policy and will use the User Information within the aforesaid purposes and will strictly keep the User Information confidential.

4.2.3.

Share to relevant service providers and partners:

toki may disclose the User Information to service providers working on toki’s behalf, such as those to provide website hosting, maintenance, and security services; to conduct data analysis and create reports; to offer and improve certain functionality; or assist toki in improving the Web Service and creating new services and features. toki may also allow specific partners to collect information from the User’s browser or device for advertising and measurement purposes using their own cookies or similar technologies.

toki will require that these parties use the information only for the purposes for which it is provided to them, and process such information in compliance with this Privacy Policy.

4.2.4.

Share to third-party service to which the User has access:

If the User connects to a third-party service through the Web Service or otherwise links the User’s toki account with a third-party service, the User is requesting and authorizing toki to share or grant access to information on the User’s behalf with such third party. toki may also send information about the content the User watches or the User activities on the Web Service to such third party in order to upgrade the User’s experience in his/her use of the Web Service.

4.2.5.

International data transfer:

User Information collected by toki may be stored and processed in the User’s region, in toki’s major data centers, or in any other country where toki or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities. If toki provides any information about the User to any such entities, toki will request such entities to adequately protect the User Information in accordance with this Privacy Policy.

4.2.6.

For legal reasons:

toki will share the User Information outside of toki if toki has a good-faith belief that access, use, preservation, or disclosure of the User Information is reasonably necessary to:

i. meet any applicable law, regulations, legal processes, or enforceable governmental requests;

ii. enforce applicable terms of service under the toki User Agreement and toki Host Broadcast Agreement, including investigation of violations;

iii. detect, prevent, or otherwise address fraud, security, or illegal matters; and

iv. protect against harm to the rights, property or safety of toki, toki’s users, or the public as required or permitted by the applicable law.

4.2.7.

Share non-personally identifiable information:

toki may share non-personally identifiable information publicly and with any third party. For example, toki may share publicly available information to assess or demonstrate trends about the general use of the Web Service.

4.2.8.In order to provide one click sharing service, toki integrated U+SDK, which will collect user's device identification information (such as IMEI / Android ID / IDFA, etc.) and the social accounts information, so as to complete the one click sharing service. For the sake of information security, toki have made a data security confidentiality agreement with the U+SDK service provider, which will strictly comply with toki's data privacy and security requirements. toki will not share user's personally identifiable information unless with user's consent. In order to help user better understanding the type and purpose of data collected by U+SDK and how to protect user's personal information, user can learn about the U+SDK privacy policy at https://www.umeng.com/policy.

SECTION 5 USER’S PRIVACY CONTROLS

5.1.

Declining to share certain User Information

The User may decline to share certain User Information with toki, in which case toki may not be able to provide to the User some of the features and functions found on the Web Service.

5.2.

Managing, reviewing, and updating User Information

The User can always review and update his/her profile information and preferences by logging in and going to the setting page of the Platform.

5.3.

Safekeeping account and password

After the User is successfully registered, toki will assign the User a user account with a password, the safekeeping of which shall be the responsibility of the User at all time. The User shall bear full legal liability for all behavior and activities conducted through his/her toki account.

5.4.

Account deletion

If the User would like to delete his/her toki account, the User will send a written request to toki at toki.userservice@gmail.com. After receiving such request, toki will verify the User’s identity, review the status and activities performed through the User’s toki account and decide whether or not to delete the User’s toki account.

To learn more about how the User can exercise his/her privacy choices, the User can contact toki at toki.userservice@gmail.com. For other requests to review, update, delete, or otherwise limit toki’s use of information that the User have provided directly to toki, the User may also contact toki.userservice@gmail.com. To protect the User’s privacy and security, toki may take steps to verify the User’s identity before granting the User access or making corrections to the User Information.

SECTION 6 TECHNICAL AND ADMINISTRATIVE MEASURES TO PROTECT USER INFORMATION

6.1.

Password encryption

The password of the User’s toki account is stored and managed with secure encryption. No other user or other third-party will be entitled to know the User’s password.

6.2.

Measures against hacking

toki is doing its best to prevent leakage or damage of personal information of the User caused by hacking or computer viruses. In order to prevent personal information from being damaged, toki is backing up the data on a regular basis. The latest vaccine program is used to prevent personal information or data from being leaked or damaged, and to securely transmit personal information on the network with encryption. toki uses intrusion prevention system to control unauthorized access from outside, and tries to have all possible technical devices to secure it systematically.

6.3.

Data processors and operation of personal information protection department

toki trains its data processors through regular trainings and emphasize to comply with personal information processing policies.

In addition, through the internal personal information protection department, toki checks the implementation of the personal information processing policy and compliance with the person in charge, and is working to correct and rectify any problems that are found. However, toki shall not be held responsible for damages that are not attributable to toki, so long as toki has fulfilled its obligation to protect personal information, such as carelessness of users or accidents in areas not controlled by toki.

toki uses a variety of managerial, technical, and physical measures to protect the integrity and security of the User Information as aforementioned. These measures may vary based on the sensitivity of the User Information. However, no security precautions or systems can be completely secure. toki cannot ensure or warrant the security of any information the User transmits to toki, and the User does so at the User’s own risk. toki cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of toki’s physical, technical, or managerial safeguards.

SECTION 7 ADVERTISERS AND ANALYTICS PROVIDERS

7.1.

toki may use third-party Web analytics services in connection with the Web Service. These service providers use a variety of tracking technologies such as cookies to analyze how users use the Web Service. The information collected will be collected directly by these service providers to evaluate the User’s use of the Web Service.

7.2.

toki may allow advertisers, third-party advertising networks and third-party advertising serving companies to serve advertisements directly to the User within the Web Service and other toki sites, services and software. By serving these advertisements directly to the User, these companies can set their own cookies on the User’s computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to the User. If the User responds to an advertisement that targets a certain audience, the advertiser or ad-server may conclude that the User fits the description of the audience that they were trying to reach.

7.3.

This Privacy Policy does not apply to, and toki cannot control the tracking technologies and activities of, other advertisers, third-party advertising networks, or third-party advertising servers. The User should consult the respective privacy policies of these advertisers, third-party advertising networks, or third-party advertising servers.

SECTION 8 COOKIES

8.1.

When the User uses or accesses the Web Service, the User’s device will automatically be issued with a cookie. Cookies are small text files containing a string of alphanumeric characters that are sent to the User’s browser. toki may from time to time circulate and modify a policy regulating about what cookies are, how they work, how toki uses them, and how to remove them, etc.

8.2.

Depending upon the type of device the User is using, the User may set his/her device to accept all cookies, to notify the User when a cookie is issued, or not to receive cookies at any time. If the User sets his/her device not to receive cookies, certain personalized services cannot then be provided to the User.

8.3.

toki uses “cookies” to store and track information about the User and the User’s use of the Web Service. Information retrieved from toki’s cookie is used in line with the uses set out in this Privacy Policy and more specifically to:

i. help save and retrieve passwords used on the Web Service. This way, the User will not have to re-enter information upon every new visit to the Web Service;

ii. track information such as the frequency and duration of the User’s use or visit to the Web Service, the User’s click-stream as the User goes through the Web Service, the User’s preferred websites and to help toki determine whether the User came to the Web Service from a particular Internet link or banner advertisement;

iii. analyze the profile of visitors and users to help toki provide the User with better services and to enhance the Web Service; and/or

iv. personalize the content, banners and promotions that the User will see on the Web Service.

8.4.

Most cookies are “session cookies”, meaning that they are automatically deleted from the User’s device at the end of a session. The User is always free to decline cookies if the User’s device permits, although in that case the User may not be able to use certain features of the Web Service and the User may be required to re-enter his/her password more frequently during a session.

8.5.

toki may use other third-party advertising companies to serve ads when the User accesses and/or uses the Web Service. In the course of serving advertisements, the third-party advertisers may place or recognize a unique cookie in the User’s device. These companies may use information retrieved from their cookies to provide advertisements on the Web Service and other services about goods and services that may be of interest to the User.

8.6.

toki has no access or control over third party cookies and they are not subject to this Privacy Policy. Please review the respective privacy policies of these third party websites for further details in this regard. If the User wants to prevent one of these third-party companies from sending and reading cookies on his/her device, he/she will need to visit each of their websites individually to request that he/she be removed from that system.

SECTION 9 COMPLIANCE AND COOPERATION WITH REGULATORS

9.1.

toki maintains servers around the world and the User Information may be processed on servers located outside of the country where the User lives. Data protection laws vary among countries, with some providing more protection than others. Regardless of where the User Information is processed, toki applies the same protections described in this Privacy Policy.

9.2.

toki maintains servers around the world and the User Information may be processed on servers located outside of the country where the User lives. Data protection laws vary among countries, with some providing more protection than others. Regardless of where the User Information is processed, toki applies the same protections described in this Privacy Policy.

9.3.

Please note that in some circumstances, toki may need to keep processing the User Information for certain legitimate interests or to comply with a legal obligation.

SECTION 10 MISCELLANEOUS

10.1.

In the event that toki, or some or all assets in relation to the Web Service are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, toki reserves the right, in any of these circumstances, to transfer or assign the information that toki has collected from users as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.

10.2.

The Web Service may link to third-party websites or services. The privacy practices of those third parties are not governed by this Privacy Policy. Therefore, it is advisable that the User reviews the privacy policies of these third-party websites and services to understand their practices.

10.3.

The articles titles and headings used in this Privacy Policy are provided solely for convenience, and shall have no contractual or legal significance.

10.4.

This Privacy Policy may appear in different languages, and if there occurs any discrepancy or inconsistency, the English version shall prevail.

10.5.

The User can contact toki with any questions or comments about this Privacy Policy by email to toki.userservice@gmail.com.

Date : November 8, 2019