ToS

1. Interpretation and Definitions

1.1 Interpretation. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Rules of construction. In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) “including” and similar words mean “including without limitation”; (c) a reference to a law or regulation is a reference to it as amended, re-enacted or replaced from time to time; (d) “written” and “in writing” include email; and (e) a reference to a Section is a reference to a Section of these Terms.

1.3 Definitions. For the purposes of these Terms and Conditions:

Account means a personal account created by You to access features of the Service that are not available to the public.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Applicable Law means all laws, regulations, binding court orders and mandatory regulatory requirements that apply to a party or to the Service, including the laws of the Country.

Country refers to: the country in which the Company is incorporated

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Lexin Solutions Pty Ltd.

Consumer means a natural person who uses the Service for purposes outside his or her trade, business, craft or profession, as defined under Applicable Law.

Content means all text, data, graphics, images, software, designs, trademarks, logos and other materials made available through the Service, other than User Content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data means any information relating to an identified or identifiable natural person, as defined under Applicable Law.

Privacy Policy means the Company’s privacy policy, as published on the Website and updated from time to time.

Service refers to the Website, together with any features, tools, Content and services made available through it by the Company.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Services means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

User Content means any text, files, data, feedback or other material that You submit, upload or otherwise make available through the Service.

Website refers to Lexin, accessible from https://lexin-ai.com/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

2.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

2.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

2.3 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

2.4 You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

2.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

2.6 Capacity. You represent and warrant that You have the legal capacity to enter into a binding agreement under Applicable Law and that You are not barred from using the Service under Applicable Law.

2.7 Use on behalf of an organisation. If You use the Service on behalf of a company or other legal entity, You represent and warrant that You have authority to bind that entity to these Terms. In that case, “You” and “Your” refer to that entity as well as to You personally.

2.8 Accounts. Where the Service offers Accounts, when You create an Account You must provide accurate, current and complete information and keep it up to date. You are responsible for keeping Your credentials confidential and for all activity under Your Account, whether or not authorised by You. You must notify Us without undue delay at the contact address in Section 15 if You suspect unauthorised access. You may not share, sell or transfer Your Account, or use another person’s Account without permission.

2.9 Electronic agreement. These Terms are concluded electronically. Your use of the Service, or any act that expressly indicates acceptance (such as ticking a box or clicking a button), is Your binding acceptance, and no handwritten or electronic signature is required. These Terms are concluded in English and are not filed by the Company as a separate document that You can retrieve later, so You should save or print a copy for Your records.

2.10 Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between You and the Company.

3. Use of the Service and Acceptable Use

3.1 Right to use. Subject to Your compliance with these Terms, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service for Your own lawful purposes. All rights not expressly granted are reserved by the Company.

3.2 Prohibited conduct. You agree not to, and not to permit or assist anyone else to:

• use the Service in breach of Applicable Law or of the rights of any third party, including intellectual property, privacy and publicity rights;

• copy, modify, translate, adapt, reverse engineer, decompile or disassemble any part of the Service, except to the extent Applicable Law gives You that right despite this restriction;

• circumvent, disable or interfere with security, access-control or technical protection features of the Service;

• introduce viruses, malware or any other code or material that is harmful, disruptive or intended to damage or gain unauthorised access to any system or data;

• use bots, scrapers, crawlers or other automated means to access the Service or extract data from it, except for standard search-engine indexing that respects the Website’s published robots instructions;

• probe, scan or test the vulnerability of the Service or breach its authentication measures without the Company’s prior written permission;

• place an unreasonable or disproportionate load on the Service’s infrastructure;

• impersonate any person or entity, or misrepresent Your affiliation with any person or entity;

• upload or transmit content that is unlawful, defamatory, harassing, discriminatory, obscene, or that infringes any third-party right;

• resell, sublicense, rent or commercially exploit the Service or its Content without the Company’s prior written consent; or

• use the Service to build a competing product or service, or to train or benchmark a machine-learning model, without the Company’s prior written consent.

3.3 Security. You are responsible for the security of Your Devices and network connections. The Company is not responsible for loss or damage resulting from Your failure to maintain reasonable security.

3.4 Monitoring and enforcement. The Company is not obliged to monitor the Service or User Content, but may do so to the extent permitted by Applicable Law. If We reasonably believe You have breached this Section 3, We may, depending on the severity of the breach and in proportion to it, remove or disable access to content, restrict features, suspend or terminate Your access under Section 8, and report the matter to the competent authorities.

3.5 Changes to the Service. The Company may update, modify, suspend or discontinue the Service or any feature of it, including to reflect legal, security or technical requirements. Where You are a Consumer and a modification materially and negatively affects Your access to or use of the Service, We will give You reasonable advance notice and the rights that Applicable Law provides in that case.

3.6 Notice of illegal content. Where the Service hosts User Content, if You believe any content on the Service is illegal or infringes Your rights, send a notice to the contact address in Section 15 stating: (a) the exact location (URL) of the content; (b) why You consider it illegal or infringing; (c) Your name and email address; and (d) a statement that You believe in good faith that the notice is accurate and complete. We will review notices diligently and, where appropriate, remove or disable access to the content and inform the affected user of the decision and available remedies, in line with Applicable Law.

4. Intellectual Property and User Content

4.1 Ownership. The Service and all Content, including its software, design, structure, text, graphics, trademarks, logos, trade names and underlying technology, are owned by the Company or its licensors and are protected by copyright, trademark, database, trade secret and other intellectual property laws. Except for the limited right in Section 3.1, nothing in these Terms transfers or licenses to You any right, title or interest in them.

4.2 Trademarks. “Lexin”, the Lexin logo and all related names and marks are trademarks of the Company. You may not use them, or any confusingly similar mark, without the Company’s prior written consent.

4.3 Your User Content. As between You and the Company, You retain ownership of Your User Content. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable (to its service providers and Affiliates only for the purposes below) licence to host, store, reproduce, process, adapt, transmit and display Your User Content solely as needed to provide, secure, maintain and support the Service and to comply with Applicable Law. This licence lasts for as long as Your User Content is stored on the Service and ends when You delete it, except for copies held in routine backups for a limited period and copies that other users have lawfully retained or that We must keep by law.

4.4 Your responsibility for User Content. You represent and warrant that: (a) You own Your User Content or have all rights, licences and consents needed to submit it and to grant the licence in Section 4.3; (b) Your User Content and its use as permitted by these Terms do not infringe or violate any law or any third-party right; and (c) where Your User Content includes Personal Data of other people, You have a lawful basis to share it with Us and have given those people any notices that the law requires. You are solely responsible for Your User Content.

4.5 Artificial intelligence features. Parts of the Service may use artificial intelligence systems to generate text, analysis or other output (“AI Output”), and You will be told when You are interacting with such a system. AI Output is generated automatically, may be inaccurate, incomplete or similar to output provided to others, and is not legal, financial, medical or other professional advice. You are responsible for reviewing AI Output and for any decision You make based on it. As between You and the Company, and to the extent permitted by Applicable Law and by third-party rights, You may use AI Output for Your own lawful purposes, subject to these Terms. The Company’s use of Your User Content to improve its models, if any, is described in the Privacy Policy.

4.6 Feedback. If You send the Company suggestions, ideas or other feedback about the Service, You grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use and exploit that feedback for any purpose without obligation or attribution to You, to the extent permitted by Applicable Law. Feedback is not confidential unless the Company agrees otherwise in writing.

4.7 Intellectual property complaints. If You believe that anything on the Service infringes Your intellectual property rights, send a notice under Section 3.6. The Company may, where appropriate, terminate the access of users who repeatedly infringe the rights of others.

4.8 Third-party and open-source components. The Service may include third-party or open-source software that is subject to its own licence terms. Those terms apply to that software in place of these Terms to the extent they conflict.

5. Fees, Purchases and Payments

This Section applies only if the Service offers paid features. The amount You pay through the Service is also the basis of the liability cap in Section 9.1.

5.1 Prices. Prices and fees are shown on the Website or in Your order flow before You pay. Prices shown to Consumers include taxes where the law requires prices to be shown inclusive of them. Otherwise, taxes are added at checkout and shown before You pay. Prices shown to business customers exclude value added tax, goods and services tax, sales tax and other taxes unless stated otherwise, and business customers are responsible for all taxes, duties and levies that apply to their purchase, other than taxes on the Company’s income.

5.2 Payment. Payments are processed by third-party payment providers. You authorise the Company and its payment provider to charge the payment method You provide, and You represent that You are entitled to use it and that the details are accurate. The Company does not store full card details.

5.3 Subscriptions and renewal. If You buy a recurring subscription, it renews automatically for successive periods equal to the original period until You cancel, and You authorise recurring charges at the then-current price. You may cancel at any time through Your Account or by contacting Us. Cancellation takes effect at the end of the period already paid for, and You keep access until then. We will tell You of any price change at least 30 days before it takes effect, and You may cancel before it does.

5.4 Cancellation and withdrawal rights for Consumers. If You are a Consumer and Applicable Law gives You a right to withdraw from or cancel a purchase made at a distance within a set period, You may exercise that right by sending Us a clear statement at the contact address in Section 15 within that period. Where the law allows, if You asked Us to begin providing a service or digital content during that period, You must pay a proportionate amount for what has been provided until You withdraw. You may also lose the right once the service has been fully performed or supply has begun, if You gave Your prior express consent and acknowledged that You would lose the right. Where the law requires it, We will ask for that consent and acknowledgement at checkout.

5.5 Refunds. Except where this Section 5.4, Applicable Law or the Company’s written offer provides otherwise, fees are non-refundable and no refund is due for partly used periods. Nothing in this Section limits the rights that mandatory consumer law gives You if the Service is not in conformity with the contract. Approved refunds are paid by the original payment method within 14 days.

5.6 Failed or late payment. If a payment fails or is reversed, We may suspend paid features until the amount is paid, after giving You notice and a reasonable opportunity to remedy. Business customers owe interest on late amounts at the maximum rate that Applicable Law permits.

5.7 Promotions and trials. Free trials, discounts and promotional offers are subject to the terms stated with the offer, may be limited to one per person, and may be withdrawn at any time for future customers.

6. Privacy and Data Protection

6.1 Privacy Policy. As stated in Section 2.5, Your use of the Service is also subject to the Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service or the Website and tells You about Your privacy rights and how the law protects You. If these Terms and the Privacy Policy conflict on the processing of Personal Data, the Privacy Policy prevails.

6.2 Controller. For Personal Data that We collect through the Service for Our own purposes, the Company is the controller of that Personal Data under Applicable Law. You can contact Us about data protection at info@lexinsolutions.com.

6.3 No consent by acceptance. Accepting these Terms is not a consent to the processing of Personal Data. We process Personal Data on the legal bases explained in the Privacy Policy, such as performing the contract with You, Our legitimate interests, and compliance with legal obligations. Where the law requires Your consent, We ask for it separately and You may withdraw it at any time without affecting the lawfulness of earlier processing.

6.4 Your rights. Under Applicable Law, You may have the right to access, rectify, erase, restrict, object to the processing of, and receive a portable copy of Your Personal Data. To exercise these rights, contact Us at the address in Section 15. You also have the right to lodge a complaint with the competent data protection authority where You live or work.

6.5 International transfers. If Personal Data is transferred across borders, We will use a lawful transfer mechanism and appropriate safeguards where Applicable Law requires them.

6.6 Cookies and similar technologies. The Service may use cookies and similar technologies. Where the law requires consent, We will use non-essential cookies only after You agree through the Website’s cookie settings, and You can change Your choices at any time.

6.7 Security. We use appropriate technical and organisational measures to protect Personal Data, and We will notify affected people and authorities of personal data breaches as required by Applicable Law. No system is completely secure, and You are responsible for protecting Your Account credentials.

6.8 Where We act for You. If You are a business customer and We process Personal Data on Your behalf, We act as Your processor. In that case the parties will enter into a data processing agreement that meets the requirements of Applicable Law, which We will provide on request, and it forms part of these Terms.

6.9 Children. The Service is not directed to anyone under 18, and We do not knowingly collect Personal Data from them. If You believe a minor has given Us Personal Data, contact Us and We will delete it.

7. Links to Other Websites

7.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

7.2 The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

7.3 We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

7.4 No endorsement. A link to a third-party web site or service is provided for convenience and does not mean that the Company endorses, sponsors or is affiliated with that third party, or that it has verified the third party’s content, products or services.

7.5 Third-party Services. Where the Service integrates or displays Third-party Services, Your use of them is governed by the terms and privacy policies of the third party that provides them, and any dispute about them is between You and that third party. The Company is not a party to those arrangements, and may remove or change an integration at any time, subject to Section 3.5.

7.6 Linking to the Service. You may link to the home page of the Website, provided that You do so fairly and legally and do not suggest any association with, or endorsement by, the Company that does not exist. You may not frame the Service or use its marks as a link without the Company’s written consent.

7.7 Mandatory law. Sections 7.2 and 7.5 do not exclude any liability that cannot be excluded under Applicable Law, as set out in Section 9.3.

8. Termination

8.1 We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

8.2 Upon termination, Your right to use the Service will cease immediately.

8.3 Protections for Consumers. Notwithstanding Section 8.1, if You are a Consumer, We will terminate or suspend Your access without prior notice only for good cause, such as a breach of these Terms, a security risk, suspected fraud, or a legal or regulatory requirement. If We end a paid arrangement for any other reason, We will give You at least 30 days’ notice and refund the prepaid fees for the period after termination. Where practicable, We will tell You why access was suspended or ended, and You may ask Us to review the decision by writing to the contact address in Section 15.

8.4 Termination by You. You may stop using the Service at any time. You may close Your Account through Your Account settings or by contacting Us, and You may cancel a paid subscription as set out in Section 5.3. Closing an Account does not by itself entitle You to a refund except as stated in Section 5 or required by Applicable Law.

8.5 Effect of termination. On termination: (a) Your right to use the Service ends and Your Account may be deactivated; (b) where practicable and lawful, We will make Your User Content available for export for 30 days after termination, unless We terminated for a serious breach or by law We must not; (c) after that period We will delete or anonymise Your User Content and Personal Data in line with the Privacy Policy, except where the law requires Us to keep it; and (d) amounts already due remain payable.

8.6 Survival. Termination does not affect rights and obligations that arose before it. Sections 1, 4, 5 (as to amounts due), 8.5, 8.6, 9, 10, 11, 12, 13, 14 and 15, and any other provision that by its nature is intended to survive, continue after termination.

9. Limitation of Liability

9.1 Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

9.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

9.3 Mandatory law. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. In particular, and despite anything else in these Terms, nothing in these Terms excludes or limits liability: (a) for damage caused intentionally or by a criminal offence; (b) for damage to life, bodily integrity or health; (c) for fraud or fraudulent misrepresentation; (d) under mandatory product liability law; or (e) to any extent that cannot be excluded or limited under Applicable Law, including mandatory consumer protection law. Where such liability applies, Sections 9.1 and 9.2 apply only to the extent that Applicable Law permits.

9.4 Consumers. If You are a Consumer, nothing in this Section 9 or in Section 10 affects Your statutory rights, including Your rights if the Service is not in conformity with the contract, or limits the Company’s liability where the law does not allow it.

9.5 Single aggregate cap. The limit in Section 9.1 applies to all claims together, however arising and whatever the legal theory, and not to each claim separately. Multiple claims do not increase it.

9.6 Suppliers and Affiliates. The Company’s suppliers, licensors and Affiliates may rely on Sections 9, 10 and 11, to the extent permitted by Applicable Law.

9.7 Allocation of risk. You acknowledge that the Service is offered on the terms and at the price stated, that those terms reflect a reasonable allocation of risk between the parties, and that the Company would not offer the Service without them, in each case to the extent permitted by Applicable Law.

10. “AS IS” and “AS AVAILABLE” Disclaimer

10.1 The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

10.2 Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

10.3 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

10.4 Consumers. If You are a Consumer, this Section 10 does not affect the statutory rights You have under mandatory law if the Service does not conform to the contract or is not of acceptable quality, including any rights to repair, replacement, price reduction, refund or termination. Nothing in this Section limits Section 9.3.

11. Indemnification

11.1 Your indemnity. To the maximum extent permitted by Applicable Law, You agree to defend, indemnify and hold harmless the Company, its Affiliates and their respective officers, directors, employees, agents, licensors and service providers from and against any third-party claim, and the resulting losses, damages, liabilities, fines, costs and expenses (including reasonable legal fees), arising out of or related to: (a) Your breach of these Terms; (b) Your User Content; (c) Your violation of Applicable Law or of a third party’s rights; or (d) Your misuse of the Service.

11.2 Consumers. If You are a Consumer, Section 11.1 applies only to the extent of loss that You cause by breaching these Terms or Applicable Law, and it does not make You liable for more than the law would impose on You without this Section.

11.3 Procedure. The Company will give You prompt written notice of a claim covered by this Section, although a delay relieves You of Your obligations only to the extent You are actually prejudiced by it. You will cooperate reasonably with the Company at Your expense. The Company may take part in the defence with its own counsel at its own cost. You may not settle a claim in a way that imposes any obligation or admission on the Company without its prior written consent, which it will not unreasonably withhold.

11.4 Company’s right to control. If You do not promptly take over the defence of a claim, or if a conflict of interest exists, the Company may assume the defence and settlement of the claim at Your expense.

12. Governing Law, Disputes Resolution and EU Users

12.1 Governing Law. The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Disputes Resolution. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

12.3 For European Union (EU) Users. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident. The choice of law in Section 12.1 does not deprive You of the protection of those provisions.

12.4 Informal resolution process. To start the informal process, send a written notice describing the concern, the facts and the outcome You want to the contact address in Section 15. The parties will then negotiate in good faith for at least 30 days from receipt of the notice. This process does not stop You from taking urgent action to protect Your rights, and it does not delay any limitation period.

12.5 Jurisdiction. If You are not a Consumer, the competent courts of the Country have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, subject to the Company’s right to seek urgent or injunctive relief in any court that has jurisdiction. If You are a Consumer, You may bring proceedings in the courts of the place where You live, and the Company may bring proceedings against You only in those courts, in each case as mandatory law provides.

12.6 Consumer dispute resolution. If You are a Consumer and the informal process does not resolve the dispute, You may also refer it to any alternative dispute resolution body that is competent for Your place of residence, or to the consumer protection authority in Your country. The Company will cooperate with such a procedure as the law requires.

12.7 Business customers. The parties will keep the existence and content of an unresolved dispute confidential, except as needed to enforce rights, to seek legal advice or to comply with law.

13. United States Legal Compliance and Export Controls

13.1 You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

13.2 Other sanctions. You also represent and warrant that You are not the target of, and are not owned or controlled by a person who is the target of, sanctions or restrictive measures imposed by the United Nations or any other authority whose measures apply to the Company or to You, and that You are not located in a territory that is subject to a comprehensive embargo under them.

13.3 Export controls. You will not export, re-export, transfer or make the Service or any related technology available in breach of export control or sanctions laws that apply to the Service. You will not use the Service for any purpose prohibited by those laws, including the development of weapons or military end uses that they restrict.

13.4 Our right to restrict. The Company may restrict, suspend or terminate access to the Service, immediately and without liability, where it reasonably believes that continuing to provide it would breach these laws, subject to Section 8.3 for Consumers.

13.5 Notice. You will tell the Company promptly if any statement in this Section 13 stops being true.

14. Severability, Waiver and General Provisions

14.1 Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14.2 Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

14.3 Assignment. You may not assign or transfer these Terms or any of Your rights or obligations under them without the Company’s prior written consent. The Company may assign or transfer these Terms to an Affiliate or to a successor to all or substantially all of the business to which they relate, provided that this does not reduce the protection that mandatory law gives You as a Consumer. Any assignment in breach of this Section is void.

14.4 Force majeure. Neither party is liable for a delay or failure to perform (other than a payment obligation) caused by events beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, government action, power or internet outages, labour disputes not involving its own staff, or failures of third-party infrastructure or hosting providers. The affected party will notify the other and use reasonable efforts to resume performance. This Section does not limit Your statutory rights as a Consumer.

14.5 Entire agreement. These Terms, together with the Privacy Policy and any order, offer or additional terms that the Company presents to You and You accept, are the entire agreement between You and the Company about the Service and replace all earlier agreements and understandings about it. If You are a Consumer, this Section does not remove any right that mandatory law gives You.

14.6 No third-party beneficiaries. Except for the persons named in Section 9.6 and Section 11.1, nobody other than You and the Company has any right to enforce these Terms.

14.7 Notices. The Company may give You notice by email to the address linked to Your Account or that You gave Us, by a notice on the Website or in Your Account, or by other means that Applicable Law allows. An email notice is treated as received 24 hours after it is sent unless We receive a delivery failure message. You must send notices to the Company at the contact address in Section 15.

14.8 Cumulative remedies. Except where these Terms state otherwise, the parties’ rights and remedies under these Terms are in addition to, and not in place of, those that Applicable Law provides.

15. Translation, Changes and Contact

15.1 Translation Interpretation. These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. If You are a Consumer, this does not take away any right that mandatory law of the country where You live gives You, including any right to receive information in a language You understand.

15.2 Changes to These Terms and Conditions. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

15.3 Acceptance of revisions. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

15.4 Changes affecting Consumers. If You are a Consumer, We will change these Terms only for a valid reason, such as a change in law, a change in the Service, a security need or a correction of an error. We will give You notice as set out in Section 14.7 and explain the change. A change applies only from its effective date and does not apply to orders or fees already agreed. If a change is material and to Your disadvantage, You may terminate Your paid arrangement before it takes effect, free of charge and with a refund of prepaid fees for the period after termination. Continued use after the effective date counts as acceptance only if the notice told You of this and gave You a reasonable time to decide.

15.5 Version history. The current version of these Terms is always available on the Website, and We may keep earlier versions available on request.

15.6 Contact Us. If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://lexin-ai.com/contact

• By email: info@lexinsolutions.com