Terms of Service 中文版

《Sogou Input - Emoji Art & Funny Sticke》

Last Updated：2024-5-22日


Welcome to Sogou Input - Emoji Art & Funny Sticker (“Product”), along with the add-ons and other related files and updates and upgrades thereof and other services and documentation asfunen provided by us through the Product from time to time (collectively, the “Services”). Any reference to “we”, “us”, “our” in these Terms of Service (these “Terms”) is a reference to Beijing Sogou Technology Development Co., Ltd. (北京搜狗科技发展有限公司), registered at Room 01, Floor 9, Sohu Network Building, Building 9, Yard 1, Zhongguancun East Road, Haidian District, Beijing, People’s Republic of China.

PLEASE REVIEW CAREFULLY SECTION 12 “GOVERNING LAWS AND DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. THESE TERMS ALSO INCLUDE A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR THE PRODUCT. THESE TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. PLEASE TAKE YOUR TIME TO READ THESE TERMS CAREFULLY.


1. License

Subject to your compliance with these Terms, we grant to you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable and limited license (“License”) to a) download, install and use the Product on your computer, tablet, smartphone (“Device”) that you own or control; and b) access and use the Product on that Device in accordance with these Terms and any applicable Usage Rules (defined below) solely for your personal and non-commercial use purposes. You shall not use the Product and the Services for any purpose unless expressly permitted under these Terms.

For clarity, nothing under these Terms shall grant to you any right or license to use any trademark, trade dress, mark, logo and other branding of ours or our affiliates’ in any manner. You shall not remove or alter any proprietary rights notice (including without limitation copyright or trademark notice) that may be contained or included in the Product or our Services.

2. Changes of Services or These Terms

We may, from time to time, change, add or remove features of the Services at our discretion, with or without notice to you. The features of the Services made available to you may also vary depending on the location from which you access the Services.

We make no representation that the Services are available for use or permitted by law in any particular location. To the extent you choose to access the Services, you do so at your own initiative and are responsible for compliance with any applicable laws. You specifically agree to comply with all applicable laws concerning importation or exportation of data, technology or software from or to the jurisdiction you reside in.

We may also modify or update these Terms. We will post the latest version of these Terms on the Services. You shall be responsible for checking the latest version and familiarize yourself with these Terms, as updated from time to time. If you do not agree with the updates or modifications of these Terms, you shall stop using the Services and the Product.



3. Additional Terms and Third Party Offerings

Your use of the Services may be subject to additional terms and conditions (e.g., additional terms for certain features of the Services, additional terms for certain jurisdictions). Such additional terms and conditions will be displayed to you on the Services or otherwise notified to you, and are incorporated into these Terms by reference.

In order to have access to the Product you may download it from our official website https://shurufa.sogou.com/ or from The App Store (“Distributor”). The Distributor may have established usage rules which also govern your use of the Product (“Usage Rules”). You acknowledge that, prior to downloading the Product from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Product are incorporated into these Terms by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Product; if you are unable to make such a representation you are prohibited from installing and/or using the Product.

If you use Third Party Offerings in connection with your use of the Services or the Product, you acknowledge that you may be subject to additional terms and conditions of the applicable third party. “Third Party Offerings” refer to the software or other products or services provided by third parties (that is, not provided by us) on or through or together with the Services. You are solely responsible for your use of the Third Party Offerings. We do not endorse any Third Party Offerings. You agree that your use of any Third Party Offerings is at your own risk. The additional terms and conditions applicable to Third Party Offerings are between you and the provider of the Third Party Offerings. Any disputes arising from your use of the Third Party Offerings shall be dealt with between you and the provider of the relevant Third Party Offerings. You hereby release us from all claims and liabilities arising from or in connection with the Third Party Offerings.

4. Ownership and Proprietary Rights

Our Content

In brief, Our Content remains with us, but we grant to you a limited license to use the Product and the Services as described in paragraph 1 above. The right is licensed to you, not sold to you. Nothing under these Terms shall assign or transfer to you any ownership or title of Our Content.

Except for the User Content (as defined in the section below) the: (i) Product, (ii) content on the Product, including, without limitation, the text, information, documents, descriptions, products, software, graphics, photos, audios, videos, interactive features, and services (the “Materials”), (iii) the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Our Content”), are the property of ours and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties. Unless expressly granted to you under these Terms, we reserve all intellectual property rights and all other rights of Our Content.

The Product and Services may also include content that belong to other people or organizations – for example, a designer’s animation of a cat or a blogger’s description of a meal. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and does not reflect our views.

User Content

You are solely responsible for all interactions, text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Product and Services (“User Content”). You may use the Product to submit inputs and receive generated outputs. User Content may include, among other things, your inputs and corresponding generated outputs, mistakes, typos, wording, and text contained in the content or information transmitted by you.

To the maximum extent permitted by law, we shall have no liability to you with respect to the User Content, including, without limitation, liability with respect to: (i) any information (including your confidential information) contained in or apparent from any User Content; and/or (ii) any copyright infringement claim or another infringement claim by a third party in relation to or in connection with the User Content. You acknowledge that due to the nature of machine learning and the technology powering the Product and Services, outputs may not be unique and the Product and Services may generate the same or similar output for third parties.

You warrant, represent and covenant that: (i) you own or have a valid and enforceable license and all the necessary rights to use, submit or transmit all User Content and use the Product and the Services; (ii) that no User Content infringes, misappropriates or violates or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; and (iii) you shall not disseminate or distribute the User Content in breach of any applicable law or third party’s intellectual property rights or other rights.

You acknowledge that the Product and Services do not operate as an archive or file storage service. You are solely responsible for the backup of User Content and other safeguards appropriate for your needs.

We do not own, control, verify, or endorse User Content. You retain all right, title, and interest in and to your User Content. To the maximum extent permitted by law, by uploading or entering any User Content, you give us and our service providers a non-exclusive, worldwide, royalty-free and fully-paid, transferable and sub-licensable, perpetual, and irrevocable license to copy, store and use your User Content in order to (i) operate and provide the Product and Services; (ii) customize the Product and Services (including, to create personalized suggestions for you); (iii) improve, troubleshoot and debug the Product and Services (including, to improve the algorithms underlying the Product and Services and/or analyze usage patterns to prevent abuse); (iv) develop new products or features (for example, create language detectors); and (v) collect and analyze anonymous information. To the extent that User Content contains any third party data, you hereby warrant to have obtained all required consents from such third party to allow us to use the User Content as set forth above.

Usage Data

The Product and Services collect and process, among other things, audios inputted by you. The process and storage of such data is subject to our privacy policy .


Open Source Licenses

The Product may include certain open source components that are owned by third parties and licensed under and subject to their applicable open source license terms. Further information relating to such open source components may be found in the license text or open source notices provided with the Product. If there is a conflict between any open source license and the terms of this Agreement, then the open source license terms shall prevail but solely in connection with the related third party open source software. For the avoidance of doubt, any fees chargeable by us in connection with the Services and/or the Product do not apply to the open source software for which fees may not be charged under the applicable license terms. Nothing in these Terms limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for these open source components. To the maximum extent permitted by law, we make no warranty or indemnity hereunder with respect to any third party open source software.

Intellectual Property Infringement

We value intellectual property. If you believe that any materials or content on the Services infringes on your intellectual property, please contact us at IMETS@tencent.com.

Feedback

We welcome your feedback for the Services. If you provide us with any feedback, you grant to us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use such feedback for any purpose and in any manner as determined in our sole discretion without any compensation, credit or obligations to you. To the furthest extent permitted by law, you hereby waive and agree not to assert any claim against us, our affiliates or sublicensees that any use of the feedback violates your moral right, privacy, or any other rights of yours.

5. Your Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation.

6. Your Use of the Services

In connection with your access and use of the Services (including without limitation the Product), you shall not and shall not permit any third party to:

  • reproduce, modify, adapt, alter, enhance, distribute, publicly display, resell or sublicense the Product or the Services;
  • use any data mining, robots or similar data gathering or extraction methods to access or attempt to access data that you do not have permission to access, or decipher or attempt to decipher any transmissions to or from our servers or networks;
  • use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users of the Services, or impair the proper working, integrity or operation of the Services, including without limitation sending viruses, worms, Trojan horses or other malware, overloading, flooding, spamming or mail-bombing to or through the Services;
  • impersonate others or provide inaccurate information in connection with your use of the Services;
  • use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or applicable laws, or act fraudulently or maliciously;
  • copy, modify, create a derivative work of, reverse engineer, decompile, disassemble, translate or otherwise attempt to extract any or all of the source code of the Services;
  • use the Services other than for their intended purpose, where the use or failure of the Services could lead to death, personal injury, or environmental damage;
  • circumvent any security or other measures we implement in connection with the Product or the Services; or
  • use the Services as benchmarking or in any manner that is competitive with the Services.

We may suspend or terminate your rights to use the Services if you do not comply with these Terms at any time without incurring liability to you.

7. Indemnity

You shall defend, indemnify and hold harmless us, our affiliates, and each of our and our affiliates’ respective directors, officers, employees, licensors and sublicensees from and against any claims and liabilities arising out of or in connection with (a) your use of the Services and/or (b) your breach of these Terms or violation of applicable laws.

8. Disclaimer and Limits on Liabilities

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES MAKE NO GUARANTEES THAT THE SERVICES (INCLUDING WITHOUT LIMITATION THE PRODUCT) WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE, ACCURATE, TIMELY, RELIABLE, NON-INFRINGING, COMPATIBLE OR FIT FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES (INCLUDING WITHOUT LIMITATION THE PRODUCT, OUR CONTENT AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).

YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM YOUR USE OF THE PRODUCT OR THE SERVICES AND/OR FOR ANY TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU ARE ADVISED NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PRODUCT. WE DO NOT MAKE ANY WARRANTY REGARDING THE OUTPUTS THAT MAY BE GENERATED FROM USE OF THE PRODUCT AND THE SERVICES, INCLUDING WITH RESPECT TO THE FACTUAL ACCURACY OF ANY OUTPUTS OR SUITABILITY FOR YOUR USE CASE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY THE PRODUCT AND SERVICES IS DONE AT YOUR SOLE RISK. DUE TO THE CURRENT NATURE OF GENERATIVE TECHNOLOGY, YOU SHOULD NOT RELY ON THE PRODUCT AND SERVICES AS A SINGLE SOURCE OF FACTUAL INFORMATION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE MAY UPGRADE OR UPDATE THE PRODUCT AND MAY CEASE THE PROVISION OR SUPPORT FOR ANY OLD VERSION OF THE PRODUCT. WE MAKE NO GUARANTEE THAT PRODUCT IS OR WILL REMAIN COMPATIBLE WITH YOUR USE. WE ARE UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCT OR SERVICES OR THESE TERMS, UNDER TORT, BREACH OF CONTRACT OR OTHER CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. OUR TOTAL LIABILITY TO YOU ARISING FROM OR IN CONNECTION WITH ANY AND ALL CLAIMS UNDER THESE TERM OR YOUR USE OF THE PRODUCT OR THE SERVICES SHALL NOT EXCEED USD 100.

NOTHING UNDER THESE TERM SHALL EXCLUDE OR LIMIT LIABILITIES THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER APPLICABLE LAWS.

9. Export Control and Sanction

You hereby agree to the following representations and covenants, in each case below with respect to your use of the Services:

You hereby represent and warrant to us that you are not, as of the date you accept these Terms, any of the following (i)-(iii) and that if, after the date you accept these Terms, you become any of the following (i)-(iii), you shall immediately notify us in writing: (i) a or acting on behalf of a Sanctioned Person, (ii) controlled or owned 50% or more (directly or indirectly) in the aggregate by one or more Sanctioned Persons (as defined in this clause 9 below), or (iii) located or resident in or organized under the laws of a Sanctioned Jurisdiction (as defined in this clause 9 below).

In your use of the Services, you shall not: (i) violate Sanctions (as defined in this clause 9 below), (ii) use the Services in any way that involves, relates to, or is conducted on behalf of or for the benefit of a Sanctioned Person, and (iii) without limiting any of the foregoing (i)-(ii), with respect to your use of the Services, transact with or otherwise do business with or involving any (a) Sanctioned Jurisdiction or (b) Sanctioned Person.

You covenant and agree that you shall immediately notify us in writing if you, with respect to your use of the Services, become aware of any (i) actual or potential violation of Sanctions; (ii) the involvement of any (a) Sanctioned Jurisdiction or (b) Sanctioned Person, in each case relating to your use of the Services.

To the extent that we, in our sole discretion, determine that a breach of this clause of these Terms by you has occurred or will occur, we are entitled, in our sole discretion, to terminate your access to the Services, in each case with immediate effect, or take any other remedial actions at our discretion. If we terminate your access to the Services or take any other remedial actions pursuant to this provision, we are not obliged to make any payments, indemnify, or otherwise provide compensation to you for the termination or the remedial actions.

We have the right to perform our reporting obligations to any relevant authority pursuant to applicable laws.

For the purposes of this clause:

  • “OFAC” means the U.S. Department of Treasury’s Office of Foreign Assets Control.
  • “Sanctions” means the economic sanctions laws and regulations of the United States (“U.S.”), the European Union (“EU”), EU member states, the United Kingdom, the United Nations (“UN”), and where the Services, Product or any Our Content is developed, published, provided, distributed and used, and all applicable government authorities including, without limitation, the economic sanctions rules and regulations implemented under statutory authority and/or the U.S. President’s Executive Orders and administered by the OFAC, and other applicable relevant rules and regulations.
  • “Sanctioned Jurisdiction” means the jurisdictions that are subject to comprehensive U.S. sanctions administered by OFAC (currently, Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk People’s Republic and Luhansk People’s Republic).
  • “Sanctioned Person” means any individual, entity, or government that is the target of sanctions administered by: the U.S. (including, without limitation, those persons on OFAC’s Specially Designated Nationals and Blocked Persons List as well as any individual or entity that is located or resident in or organized under the laws of a Sanctioned Jurisdiction), the EU, EU member states, the United Kingdom, and/or the UN.

10. Confidentiality

During your use of the Services, you may receive or gain access to our confidential information (“Our Confidential Information”). Our Confidential Information includes without limitation the software, information, data, documentation, non-public beta we provide to you and other information made available by us which is marked confidential or private or similar words or otherwise would normally be considered as confidential under the circumstances in which it is presented by a reasonable person. Our Confidential Information excludes information that is available in public not through fault of you, information you developed independently or information you lawfully obtain through a third party without confidentiality obligation. You shall take measures (no less than a reasonable degree of care you use to protect your own confidential information) to keep Our Confidential Information confidential. You shall only disclose Our Confidential Information to your affiliates, employees, contractors and professional advisors on a need-to-know basis. If you are required by law or a court order or other executive order to disclose Our Confidential Information, you shall, to the extent legally permitted, promptly notify us in writing and disclose Our Confidential Information to the extent required by such law or order (as the case may be).

Please be aware that modern technology is never completely private or secure and that any information or data you input or transmit using the Product or Services may be accessed or intercepted by others.

11. Termination

Termination by you

The license granted to you under these Terms will automatically terminate following your ceasing using the Services and the Product.

Termination by us

We have the right to terminate the Services (including without limitation the Product) in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you, to the maximum extent permitted by applicable laws.

We may terminate your access to or use of the Services, in full or in part, if you breach these Terms or we reasonably suspect that you have breached these Terms, or we are required to do so by applicable laws, court orders or requirements imposed by government bodies or if we otherwise determine that it is reasonable for us to do so in order to ensure that we do not violate or risk violation of the same or to protect our Services or other users of the Services.

We are not obligated to provide you with a copy of your Usage Data or keep a copy, prior to or after the termination of these Terms.

Effects of Termination

Provisions hereunder by their nature shall survive the termination of these Terms shall survive the termination of these Terms. Termination will not, however, relieve either you or us of obligations incurred prior to the effective date of the termination.

12. Governing Laws and Dispute Resolution

These Terms are governed by the laws of Hong Kong, excluding conflict of law rules or principles. These Terms apply to the extent that they are not inconsistent with any local laws applicable in your jurisdiction. If there is any inconsistency between those local laws and these Terms, then the local laws shall govern to the extent of that inconsistency.

If a dispute, controversy or claim arising from or in connection with these Terms or your use of the Services cannot be resolved within thirty (30) days following the commencement of consultation or mediation, then you or we shall submit the dispute for arbitration by the Hong Kong International Arbitration Centre (“HKIAC”). Except for our right to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, both you and we agree that any dispute, controversy or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. You and we shall each designate one arbitrator and the HKIAC Council shall appoint a person who is the third arbitrator to act as the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding upon you and us.

13. Miscellaneous

Force Majeure. If the performance of these Terms is prevented, delayed, hindered or restricted due to an event of force majeure, including but not limited to natural disasters, acts of government, promulgation or change of laws, regulations or policies and strikes or unrest, foreseeable or otherwise, in no case shall the party affected by such force majeure event be liable for the breach of these Terms, or be otherwise liable for any such failure or delay in the performance of such obligations.

Entire Agreement. These Terms, together with any terms or document incorporated herein by reference, constitute the whole legal agreement between you and us and govern your use of the Services (including the Product) and supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties, promises, assurances and arrangements of any nature whatsoever, whether or not in writing.

Electronic Communications. You agree that any notices or other communications that we send to you electronically, whether by pop-up, in-App message, through the Product or otherwise, will satisfy any legal communication requirements, including that those communications be in writing.

Assignment. You may not assign or transfer your rights or obligations hereunder. We may assign these Terms and rights or obligations hereunder to our affiliates or third party we select.

Waiver and Severability. The waiver by either party of any breach of these Terms does not waive any other breach. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. If any part of these Terms is unenforceable, the remaining portions of these Terms will remain in full force and effect.

No Third-Party Beneficiaries. These Terms are not intended to confer any benefits on any third party except to the extent that they expressly state that they do.

Language. We may translate these Terms into other languages. Unless otherwise specified, the English language version of these Terms shall be controlling in all aspects and shall prevail in case of any inconsistency with any other language version (if any).

Contact Us. If you need any assistance or have any questions of the Services or your use of the Services, you may contact us at IMETS@tencent.com.


Country Specific Addendum

Malaysia

1. Clause 5 is amended as follows:

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, your parent or legal guardian must read and agree to these Terms on your behalf; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation.

2. The following clause is added to Clause 13, as follows:

Any stamp duty payable in respect of this Terms of Service and penalties for the non-payment thereof (if any) shall be borne by you.

3.The clause on ‘Feedback’ under Clause 4 is amended as follows:

We welcome your feedback for the Services. If you provide us with any feedback, you grant to us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use such feedback for any purpose and in any manner as determined in our sole discretion without any compensation, credit or obligations to you. To the maximum extent permitted by law, you hereby waive and agree not to assert any claim against us, our affiliates or sublicensees that any use of the feedback violates your moral right, privacy, or any other rights of yours.


Country Specific Addendum

Japan


The last paragraph of Clause 8 is amended as follows:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT IN CASE OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE, OUR TOTAL LIABILITY TO YOU ARISING FROM OR IN CONNECTION WITH ANY AND ALL CLAIMS UNDER THESE TERM OR YOUR USE OF THE PRODUCT OR THE SERVICES SHALL NOT EXCEED USD 100.