PaGamO Terms of Use
PaGamO (https://www.pagamo.org, “PaGamO”, or “Website”) is a platform established by BoniO Inc. ( the “Company”, “we”, “us” or “our”) for the provision of gamified online learning services (“Services”).
These “PaGamO Terms of Use” (“Terms”) set forth the rights and obligations between PaGamO and its users or any other individuals who interact with PaGamO. While certain portions of the Services may be accessible to individuals who are not registered members of PaGamO, in order to safeguard users’ rights, all individuals who use the Services (“you”, or “users”) are required to carefully read the Terms, including the Privacy Policy, notices, sales agreements, and any amendments made by the Company from time to time. The Terms constitute a legally binding agreement between the Company and all users. By accessing or using the Services, you shall be deemed to have read, understood, and agreed to be bound by all the contents of the Terms.
Please note that if you do not agree to all or any part of the Terms, or if the laws or regulations of your country or jurisdiction prohibit the application of all or any part of the Terms, you shall immediately stop using the Services.
I. Membership Requirements
1. Registered PaGamO members (“Member(s)”) must be natural persons with full capacity, or legally registered legal entities or organizations.
2. If the Member is a minor (under the age of 18), the legal representative or guardian shall read, understand and agree to all the contents of the Terms and its modified contents before starting or continuing to use the Services. If the Member starts or continues to use the Services, it is presumed that the legal representative or guardian has read, understood and agreed to all the contents of the Terms and its modified contents.
3. If you are the legal representative or guardian of a Member and allow your child or ward to use the Services, you shall abide by the Terms and be responsible for the activities of your child or ward in the Services.
4. The Company reserves the right to decide whether to grant membership, provide membership services and activate any account, and also reserves the right to delete membership, information and uploaded content at any time.
5. Teacher accounts are only available to Members with accredited teaching qualifications. Accredited teaching qualifications refer to teachers who have been issued a teaching certificate by the Ministry of Education of the Republic of China. The Company reserves the right to certify teachers' qualifications and decide whether to grant accounts.
6. When a Member registers or uses the Services, the Company will ask you to provide relevant personal information or other information. All personal information or other information collected by the Company will be used for the specific purpose of the service provided in accordance with the Personal Information Protection Law and relevant laws and regulations and will not be disclosed to other third parties arbitrarily. Please refer to the PaGamO Privacy Policy at https://www.pagamo.org/application/privacy_policy.
II. Responsibilities and Obligations
1. Obligation in being honest in registration. You shall provide complete and detailed personal information that conforms to the truth in registration, and if the information registered by you changes afterwards, the information shall be updated online or use member services to apply for changes at any time. If a user registers as a Member with false information or information other than his/her own, the Company has the right to delete the Member's account and the user shall compensate the Company and other users for any loss resulting therefrom, and shall also be responsible for the relevant civil and criminal liability (including but not limited to criminal offenses of forgery, fraud, obstruction of electromagnetic records and other related crimes).
2. Obligation to keep account and password secure. Members have the obligation to keep the service account and password properly. Please do not disclose, provide, share, transfer, rent, or sell your account and password to any third party. Please update the password from time to time, and make sure to log out of the account after using the service so as to avoid the account being used by others. If the Member finds that the account or password is illegally used or there is any abnormal that breaches the security of use, the Member should immediately notify the Company and make a report to the police, the Company will suspend the use of the account and take relevant measures, but the measures taken by the Company shall not be interpreted as the Company's express or implied guarantee or compensation responsibility for the Member. If the account and password are used illegally by others due to the Member's negligence, transfer, rent, sale, or other voluntary provision of the account and password to any third party, the Company will not be responsible for handling such matters, and if the Company or other users suffer damages as a result, the Member shall compensate the Company and other users for all damages.
3. Obligation to abide by the law. Users shall comply with the Terms as well as relevant provisions of international usage practices and etiquette on the Internet (Netiquette). Users shall not use the Services to transmit, publish or post inappropriate text or images involving abusive, defamatory, indecent, obscene, offensive, etc. or use the same or confusing text or images with the Company or the Services as profile picture or nicknames. The Company has the sole discretion to determine whether a text or image is inappropriate or whether such profile picture or nickname is identical to or confusing with the Company or the Services. Once the determination is made, you agree that the Company may remove or block such text or images without notice.
4. Users undertake to comply with the relevant laws and regulations of the Republic of China and all international Internet regulations and practices.
5. Users agree not to engage in advertising or merchandising on the Company's relevant website.
6. Users agree not to discuss private matters in public forums and to respect the rights and privacy of others and other legal rights when releasing information.
7. Users agree to fully respect copyright and prohibit the publication of text, images or any form of files that infringe on the intellectual property rights of others or the Company.
III. Code of Conduct
1. In order to provide you and other users with a friendly, safe and equal use environment and various rights, you may not be able to continue to use the service or may receive sanctions when you are reported and/or confirmed after official investigation for any violation, including but not limited to any unlawful act that damages the rights of other user, exceeds reasonable learning or makes use of third-party applications.
2. Sanctions are determined in PaGamO's sole discretion based on a variety of criteria, including but not limited to the severity of the violation, the number of violations, and the impact of the violation on the Services, other users, or PaGamO. If PaGamO assesses that you have engaged in illegal conduct inside or outside the Services, PaGamO may restrict your access to all or part of the Services in order to provide a friendly, safe and fair environment for PaGamO users.
3. PaGamO reserves the right to take legal action on civil or criminal liability grounds to stop your violation of legal or contractual obligations and to obtain compensation for PaGamO's losses. In particular, PaGamO reserves the right to bring suit against, or provide assistance in connection with, any user who intentionally harms, or attempts to harm, the Services or disrupts the proper functioning of the Services.
IV. Intellectual Property Rights and Contents
1. You agree that the intellectual property rights and ownership of all information (including but not limited to content, logos, graphics, user interfaces, titles, audio, video, and website code and software) are owned by the Company.
2. Without the legal authorization of the Company, no unauthorized reproduction, transmission, modification, sale, distribution of services and contents, or unauthorized use in any other way shall be allowed. Violators shall bear the relevant legal responsibility.
3. The Company's member accounts belong to the Company, and the user only obtains the right to use the Company's account after completing the registration process, and the right to use belongs to the initial registrant only. At the same time, the initial applicant shall not give, lend, rent, transfer or sell the Company's account, or otherwise authorize non-initial applicants to use the Company's account. Non-initial registrants may not use the Company's account by gift, inheritance, rent, assignment or any other means. If a Member leaks his/her account and password or provides the account to a third party in any way, the Company has the right to stop the use of the account, and the Member shall bear full responsibility for the actions of the third party.
4. If you create any content through the Website or upload any content to the Website, you hereby grant the Company a worldwide, perpetual, royalty-free, irrevocable right to use, quote, reproduce, modify, adopt and utilize your uploaded content in all ways
5. When you enable the sharing feature on the Website, you grant us and other users a royalty-free right to quote, reproduce, modify, edit, and adopt your uploaded content. If this bothers you, you may disable this feature on the Website at any time to stop sharing.
6. Please note that when you disable sharing feature on the Website, it only means that other users will not be able to use the content you upload after you turn it off. This does not affect the rights of the Company or any third parties who have used the content you upload before you disable sharing feature to use it in accordance with the preceding two provisions, nevertheless, the Company still reserves the right to review the use on the Website by such third parties as a whole.
7. If you do not wish to provide us with such right, please do not use the Website to upload any content or create any content on the Website. Please consider carefully before uploading any available content, as your creative content will be made available to the public and other users may use your creative content in ways you do not want, and the Company cannot control how others use it.
8. If a Member creates any content through the Website, or creates any content on the Website, the content must not be infringing or illegal, and the content must be honest and the result of your own creation. Users shall not engage in conduct on the Website that includes, but is not limited to, the following forms:
a. Expression of content that contains racism or hatred of minority groups.
b. Content that is abusive or maliciously foolish.
c. Content that damages our reputation or that of others.
d. Pornography, advertisements, or creative works or images of others.
e. Content that impersonates game administrators or fools or takes advantage of others.
9. The content that users upload and make public on the Website must of course be the result of your own creation. You cannot use the Website to produce any content that violates the rights of others. Users shall not upload content to this website containing any third-party copyright content or third-party proprietary rights content, unless you have obtained permission from the legal owner of the content or you have the right to publish the content and grant all the corresponding permission to the Website.
10. The Website makes no representations or warranties regarding any content uploaded by Members. If a Member violates the Terms or if the Website receives appropriate notice that the content uploaded by the Member involves infringement of others’ intellectual property rights, the Company will delete the inappropriate or infringing content and retain all rights to decide whether to continue to provide the Services. If the Company is subject to any legal action or other form of recourse due to content uploaded by the Member that infringes the rights of others, the Member shall indemnify the Company for all losses.
V. AI-Generated Content and Service Limitations
1. Certain features of the Website incorporate generative artificial intelligence (Generative AI) technology to automatically generate content (the “AI-Generated Content”). AI-Generated Content is provided for reference and supplementary learning purposes only.
2. You clearly understand and agree that, due to the inherent limitations of AI technology, AI-Generated Content may produce inappropriate or unintended results. The Website makes no representations or warranties of any kind regarding the accuracy, completeness, timeliness, or suitability of any AI-Generated Content.
3. You are responsible for independently verifying, evaluating, and adjusting all AI-Generated Content. Any risks, losses, or damages arising from your reliance on or use of AI-Generated Content shall be borne entirely by you, and the Company shall not assume any liability arising therefrom.
4. AI-Generated Content shall not be construed as professional advice, legal opinions, medical diagnoses, investment advice, or authoritative conclusions of any kind. You should seek independent legal, medical, or other professional advice based on your specific needs and circumstances.
5. You shall create, upload, or transmit content through the Services (including but not limited to prompts submitted to AI models) in good faith and shall not violate any applicable laws or regulations or infringe upon the rights of any third party. In addition, you are responsible for ensuring that your subsequent use of AI-Generated Content complies with applicable copyright and other intellectual property laws. You shall obtain any necessary authorizations or licenses before reproducing, sharing, or commercially exploiting such content. The Website and the Company shall not be liable for any losses or damages arising from your breach of the foregoing obligations or your improper use of AI-Generated Content.
6. Ownership of AI-Generated Content
Provided that you comply with the Terms, you shall own the intellectual property rights of the content directly generated through the Website based on prompts submitted by you. You hereby agree to grant the Company the right to use, reproduce, adapt, modify, and otherwise exploit such AI-Generated Content. You further agree to waive any moral rights you may have in such AI-Generated Content to the extent permitted by applicable law.
7. The underlying models, software, interfaces, source code, databases, and all related components used by the Website to generate AI-Generated Content, together with all ownership rights, intellectual property rights, and any other rights therein, shall be exclusively owned by the Company and its licensors.
VI. Privacy Policy
1. Your membership registration and other specific information are protected and governed by the PaGamO Privacy Policy.
2. You understand that by using the Services, you consent to the Company’s collection and use of your personal information in accordance with PaGamO Privacy Policy at https://www.pagamo.org/application/privacy_policy.
VII. Modification, Termination and Notice of the Services
1. You acknowledge and agree that the Company reserves the right to terminate, cancel, stop or interrupt all or part of the Services at any time without prior notice in accordance with the Company's business development, service planning, or cooperation with third parties. You shall not be entitled to any compensation or damages arising therefrom.
2. If your account violates any provisions of the Terms or applicable laws, the Company reserves the rights to terminate your account without prior notice. You shall not be entitled to any compensation or damages arising therefrom.
3. Where notice is required by applicable laws or regulations, you agree that the Company may provide such notice by posting on the Website, sending email or text messages, or by any other reasonable means. Such notice shall be deemed duly given upon posting or dispatch. However, if you access the Services in an unauthorized manner in violation of the Terms, or if the information you provided at registration is inaccurate or not updated, you may not receive such notice, and the Company shall not be liable for any consequences arising therefrom.
4. If the Website terminates the Services, the Terms shall simultaneously terminate, and you shall no longer have the right to use the Website. Notwithstanding the foregoing, any rights and obligations accrued prior to the termination of the Terms shall survive such termination.
VIII. Disclaimer
1. We make every effort to provide the best possible service and to establish clear usage guidelines for all users. However, our service is provided "as is" basis and we make no representations or warranties regarding the standards or quality of the Website, including but not limited to whether the Website will be free from interruptions, delays or malfunctions, nor do we warrant that any such interruptions, delays, or malfunctions will not cause any loss or damage. We will not be responsible for any failure to transmit, use, delay, or cause any leakage, loss, omission, delay in updating, or storage error of any data content (including text, numbers, pictures, sounds, images, game rules) for any reason, and we only promise to maintain the Website and Services with a certain level of technical skill and attention.
2. The Company shall not be liable for any damages, including but not limited to loss of profits, goodwill, use, data or other intangible losses resulting from accidents (including computer viruses, system breakdown, internet disconnected, slowdowns, system attacks or any sudden vulnerabilities), defamation, infringement of copyright or intellectual property rights. The Company shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising therefrom.
3. The use of the Services to download or obtain any information shall be at the user's own consideration and risk, and the Company shall not be liable for any damage to the user's computer system or loss of data as a result of the download of any of the foregoing information.
4. The Company may provide updates to the Website from time to time, but we are not obligated to update the Website. We also have no obligation to provide ongoing technical support and maintenance for any content on the Website.
5. We may modify the Terms from time to time and have no obligation to notify users of changes to the Terms, so you are advised to check here from time to time for the latest version of the Terms.
6. We have no control or direction over what other users do or say, so we are not responsible for what users say or do (whether online or offline) or any content they share (including offensive, inappropriate, abusive, curse, denigrating, obscene, illegal, and otherwise objectionable content).
7. There may be various risks for game items such as game virtual currency, game props and game equipment obtained by users from third parties. The Company does not recommend that you obtain the above game items from third parties, and if you insist on obtaining the above-mentioned game items from third parties, you should bear the corresponding risks at your own risk. The Company does not guarantee that the game items can be used normally on the Website, nor does it guarantee that such items will not be claimed back.
8. When the Company recalls your account according to the provision in the Terms and you incur any loss as a result, you agree that such losses shall be borne by you, and the Company shall not be liable for any compensation.
9. We cannot predict when problems with the products will occur, so our liability is limited to the maximum extent permitted by the applicable law. In addition, in no event will we be liable to you for any loss of profits, revenue, information or data, or consequential, special, indirect, punitive, exemplary, or incidental damages arising out of or in connection with the Terms or the Services, even if we have been advised of the possibility of such damages.
10. We reserve the right to unilaterally suspend performance of the Terms at any time, without prior notice and without cause. Such suspension may be due to the dissolution or merger of the Company, or due to laws, regulations, policies and orders of authorities or other force majeure events such as earthquakes, fires, tsunamis, typhoons, strikes, wars, etc., or for reasons other than those listed above.
IX. Governing Law and Jurisdiction
Any dispute with the Company arising from the use of the Website shall be governed by the laws of the Republic of China, and the Taiwan Taipei District Court shall be the court of first instance.
X. Miscellaneous
1. The headings of the Terms are only provided for the purpose of assisting in reading and understanding and shall not affect the interpretation, explanation and illustration of the Terms of Use.
2. The user hereby agrees that any matters not covered by the Terms shall be governed by the relevant rules and regulations published by the Company on the Website.