SwitchBot AI Studio User Agreement

This Agreement is entered into between SwitchBot—the provider and operator of SwitchBot products/services (hereinafter “SwitchBot,” “we,” or “us,” and including SWITCHBOT Corporation, Wonderlabs Inc., and their parent, subsidiary or affiliated companies)—and any entity that uses SwitchBot’s AI Stuido features (including but not limited to individuals and teams, hereinafter “the User” or “you”). This Agreement governs your use of the AI Stuido features based on the AI Art Frame provided by SwitchBot (the “Function” or the “Service”), and applies to all services and software upgrades and updates used by the User during the term of this Agreement. By using the AI Studio features, the User indicates acceptance of all terms in this Agreement.
SwitchBot respects the protection of users’ personal information. Please read the “AI Stuido Function Privacy Agreement” carefully so you understand the privacy practices governing the collection, transmission, use, and storage of personal information related to this Function.
Capitalized terms used in this Agreement are given the following unified definitions:
App: the application provided by SwitchBot that can connect to SwitchBot products or services.
SwitchBot AI Art Frame: the series of art frame products provided by SwitchBot for displaying user images/generated content.
AI Stuido Function: AI Studio features based on generative AI/image-processing technologies that provide users with capabilities such as image upload, editing, image-to-image, text-to-image, image-to-text, style transfer, cloud sync and display.

1. Services and Usage Notes

1.1 The Function is an online service that the User must activate and subscribe to via the App. Through the Function, we provide cloud storage, synchronization, management and sharing of images and generated content, as well as online generative AI services such as image-to-image and text-to-image.
AI-generated outputs may be incomplete, inaccurate, or unsuitable due to data sources, algorithmic limitations, model bias or generation errors. Users should judge the accuracy and applicability of outputs themselves and, where necessary, consult professionals. We shall not be liable for any direct or indirect loss arising from reliance on outputs produced by the Function.
1.2 Service packages we provide may vary depending on the User’s country/region. For service packages that include a free trial period, the trial begins when the User first activates the Function. During the trial period, no fees will be charged. Users may cancel the overall service package at any time during the trial, but may continue to enjoy the trial benefits until the trial ends. SwitchBot reserves the right to modify or cancel free trials associated with any package at any time without prior notice; however, such modifications will not affect users whose free trial has already begun.
1.3 On the day a free trial ends, we will activate the User’s subscription by automatic renewal and charge the service fee from the payment method the User provided at subscription; the fee amount depends on the service package selected in the App.
A monthly billing cycle is 30 days; if the User does not cancel before the cycle ends, we will automatically renew and charge for the next cycle on the due date.
An annual billing cycle is 365 days; if the User does not cancel before the cycle ends, we will automatically renew and charge for the next cycle on the due date.
1.4 If the User activates a package, payment must be made via the app store or other designated channels, and payment information will be stored by the third party that processes payments. The User is responsible for keeping payment instrument details accurate and up to date. If a payment instrument expires or becomes invalid and the User neither updates it nor cancels the subscription, the User authorizes us to cancel the subscription before the next billing date.
1.5 If the User has activated auto-renewal, we will automatically charge the User’s payment method on the subscription date (if there was a trial, on the trial’s end date) each month/each year depending on the billing cycle. Users may change to another package when the current package term ends. We may, as needed, adjust package contents and prices; such changes will not affect entitlements for the current subscription period already paid for.
1.6 If the User wishes to cancel a subscription, they must cancel at least three (3) calendar days before the next billing date to avoid being charged for the next billing cycle. If cancellation occurs on or after the renewal date for the next billing cycle, cancellation will take effect on the following billing date, and the User will still be responsible for payment for the current billing cycle.
1.7 The User understands that the Function provides networked services only. Any devices related to using the network services (such as art frames, personal computers, mobile phones, or other devices that connect to the Internet or mobile networks) and associated costs (e.g., internet or mobile data fees) shall be borne by the User.
1.8 The User may bind multiple devices (including art frames and personal smart devices) to the same account. The Function is enabled and managed per account and no additional account registration or purchase is required. If the User actively disables the Function, all art frames under that account will simultaneously cease to use the Function; when the User re-enables it, the system will re-present this Agreement and the related privacy policy for review and acceptance.
1.9 When the User first activates an art frame via their account or first enables this Function within the App, this Agreement and the related privacy policy will be presented for review and acceptance. By checking “agree,” the User’s acceptance applies to all existing and future art frames and Apps bound to that account; on subsequent activations, we will assume the User has already read and agreed to this Agreement and the policies and will not repeat the presentation.
1.10 All data usage/quotas consumed by art frames bound to the same account shall be consolidated under the account’s service package. The Function will deduct quota according to package terms each time it is used and will not generate any additional undisclosed charges.

2. Ownership

2.1 The User acknowledges and agrees that SwitchBot or its licensors hold all legal rights, title and interest in and to the Service (including but not limited to graphics, user interfaces, scripts, software, and text used to provide the Service) and any software provided to the User as part of or in connection with the Service (the “Software”), including any and all intellectual property rights therein, whether registered or not and regardless of location. The User further agrees that the Service (including the Software and any other portion thereof) contains proprietary and confidential materials protected by applicable intellectual property laws and other laws (including, but not limited to, copyright law). The User agrees not to use such proprietary information or materials in any manner except for the purpose of using the Service as permitted by this Agreement. Except as expressly permitted by this Agreement, the User shall not copy any part of the Service in any form or by any means.
2.2 SwitchBot retains full and inalienable ownership and intellectual property rights over the following items (information, data, text, software, music, audio, photos, graphics, videos, user registration information, or other materials, hereinafter referred to as “Content”): except for content uploaded or disseminated by users themselves, this feature and all its elements, including but not limited to all content, data, technology, software, code, user interfaces, and any derivative works related thereto.
2.3 Regarding content generated using the Function: provided that doing so does not violate laws and regulations or third-party rights and complies with the AI model/material library usage limits, Users may use and share their own generated content in accordance with local law. SwitchBot and its licensors reserve all rights to SwitchBot’s AI models, algorithms and systems.

3. Representations and Warranties

3.1 The User warrants that any content uploaded to the Function shall not, directly or indirectly, and is prohibited from:
3.1.1 deleting, concealing or altering any patent, copyright, trademark or other ownership notices displayed in or included with the Function;
3.1.2 interfering with or attempting to interfere with the normal operation of the Function or any part of SwitchBot’s website or App;
3.1.3 bypassing, attempting to bypass, or claiming the ability to bypass any content protection mechanisms or the Function’s data measurement tools;3.1.4 using any registered or unregistered product or service marks, company logos (LOGO), URLs or other marks derived from SwitchBot in written or graphic form without SwitchBot’s prior written consent;
3.1.5 using any SwitchBot mark in a manner that defames, dilutes or otherwise harms the rights of the mark owner, or granting any rights or permissions contrary to this Agreement, unless SwitchBot has expressly authorized such use in writing;
3.1.6 impersonating others to gain unauthorized access to the Function.If the User breaches any of the above warranties, SwitchBot may issue warnings, block, or disqualify the User depending on the circumstances; if such behavior causes loss to other users, SwitchBot or any of its partners, the User shall bear full legal liability and indemnify against any resulting losses.
3.2 The User further represents and warrants that:
3.2.1 They have obtained written authorization from rights holders (if any) for any content they use with the Function and warrant that, prior to submission/upload to the App, they possess full, complete, unencumbered, and exclusive ownership and intellectual property rights to such content;
3.2.2 Content uploaded, posted, transmitted, or distributed will not contain information that violates applicable laws, regulations or policies;
3.2.3 The Function will not be used for any illegal purpose; the User will not use the Function to infringe SwitchBot’s commercial interests (including but not limited to posting commercial advertisements without SwitchBot’s permission); the User will not use the Function in any manner that may adversely affect the normal operation of the Internet or mobile networks;
3.2.4 The User shall not use the Function to engage in the following activities:
1. Accessing computer information networks or using computer network resources without authorization;
2. Deleting, modifying or adding functions to computer information networks without authorization;
3. Deleting, modifying or adding data and applications stored, processed or transmitted within computer information networks without authorization;
4. Deliberately creating or distributing computer viruses or other destructive programs;
5. Other behaviors that endanger computer network security.
3.2.5 The User acknowledges that because of the nature of generative AI services, outputs are not necessarily unique and other users who provide the same or similar inputs may produce similar or identical outputs. If the User’s use, generation or distribution of content infringes third-party lawful rights (including but not limited to patent, trademark, copyright and related rights, right of portrait, privacy, reputation, etc.) and leads to complaints, reports, claims or litigation against SwitchBot or its partners, or causes reputational or financial loss, the User shall promptly take measures to protect SwitchBot and its partners from impact and shall bear full compensation liability for any direct and indirect losses arising therefrom.
3.2.6 The User shall not abuse the Function. The Function cannot preemptively control all content and User behavior; any images, text, or other content uploaded, generated or distributed via the Function—whether publicly or privately transmitted—are the sole responsibility of the content provider and/or user.
3.2.7 Supplemental restrictions related to the Function: Users must not generate or disseminate illegal content; must not remove or alter visible or invisible system-added identifiers or watermarks; must not use the Function for deepfakes/impersonation intended to mislead the public; must not use the Function for medical diagnosis, life-support, security automated decision-making or other high-risk applications; must not engage in model reverse-engineering, bulk scraping, or use the Function to train products that compete with the Service.
3.2.8 If SwitchBot, through notifications, reports or other channels, discovers that a User’s behavior does not comply with SwitchBot’s or the User’s country/region laws and regulations, SwitchBot may, at its sole discretion and without prior notice, immediately suspend provision of part or all of the Service, and may require the User to rectify the behavior or take any measures SwitchBot deems necessary (including but not limited to modifying or removing User content, suspending or terminating the User’s right to use the Function) to mitigate the impact. If the User disseminates or distributes seditious, pornographic or other content that violates national or regional laws via the Function, the system records of the Function may be used as evidence of the User’s legal violations. The User shall bear full responsibility for any third-party claims or losses arising from their behavior.
3.3 Any images, text, or other content created by users using the SwitchBot AI Art Frame AI Studio function (including but not limited to uploading, generating, or distributing) that contains any of the following content will entitle SwitchBot to take measures including but not limited to prohibiting the upload or generation of such content, rejecting the execution of command requests, stopping content output, and implementing account restrictions or permanent bans based on severity:
A. Explicit Sexual, Pornographic, and Indecent Content- Explicit or Pornographic Content:
Strictly prohibit materials created for pornographic purposes, sexual gratification, or explicit sexual depictions. This includes but is not limited to explicit descriptions or images of sexual acts, as well as close-ups or focused depictions of genitalia.- Non-Artistic Nudity: Strictly prohibit non-artistic nudity that violates community standards. This refers to nude images that are not for educational, scientific, or high-value pure artistic purposes and may cause public offense.- Deepfake Pornographic Content: Strictly prohibit the creation, uploading, or distribution of intimate images synthesized or manipulated using artificial intelligence technology without the consent of the individuals involved, especially false sexual content targeting real people.- Harm to Minors: Content involving child sexual abuse, child sexual exploitation, child pornography, or any depiction that sexualizes minors.
B. Violence, Incitement to Hatred, and Dangerous Content- Incitement to Violence:
Content promoting violent extremism, terrorism, or mass harm. Inciting physical harm, glorifying violence, or depicting bloody and brutal scenes.- Hate Speech and Discrimination: Content promoting hatred, prejudice, discrimination, or hate speech based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.- Self-Harm and Suicide: Content encouraging, glorifying, or providing guidance for self-harm, suicide, or self-injurious behavior.
C. Infringement of Others’ Rights and Privacy- Portrait Rights and Privacy Rights:
Prohibit the generation or dissemination of identifiable portraits of real individuals (including public figures) without explicit legal authorization, or content infringing on their personal privacy.- Intellectual Property: Prohibit the intentional generation or dissemination of counterfeit or pirated content infringing on others’ trademarks, copyrights, patents, or other intellectual property rights.- Defamation and Insult: Prohibit the creation of defamatory content aimed at damaging others’ reputations, engaging in personal attacks, or spreading false information.
D. Illegal, Fraudulent, and Harmful Activities- Criminal Activities:
 Prohibit the depiction, guidance, or promotion of any illegal activities, such as theft, fraud, drug production and abuse, illegal weapon transactions, etc.- False and Harmful Information: Strictly prohibit the generation of deepfake false information that may cause substantial harm to individuals or society, as well as content used for phishing, spreading malware, or other activities harmful to network security.
E. Other Inappropriate Content- Highly Disturbing Content:
Prohibit the generation of content deliberately designed to cause intense physical or psychological discomfort, such as extremely bloody, terrifying, or nauseating imagery.- Politically Sensitive and Incendiary Content: Prohibit the generation of content aimed at improperly manipulating public opinion, destabilizing society, or inciting the subversion of state power.

4. Intellectual Property Protection

If content uploaded by the User is made available for download, viewing, listening, or other access or distribution by other users, the User must ensure such publication and related actions comply with applicable intellectual property laws and copyright policies, including but not limited to:
4.1 Upon receiving a notice of alleged infringement, the User shall immediately remove or disable access to the claimed infringing content and contact the sender of the notice for more information;
4.2 The User understands and agrees that SwitchBot will process qualified infringement notices submitted by third parties in accordance with relevant laws and regulations, and will delete or disable access to the claimed infringing content as required, and implement appropriate policies to prevent repeat infringement under applicable circumstances.

5. Privacy Protection

5.1 SwitchBot respects protection of users’ personal information. SwitchBot’s privacy policy and the “AI Stuido Function Privacy Agreement” set forth the policies and procedures for how the App and this Function collect, transmit, use, and store personal information.
5.2 SwitchBot will not disclose or provide the User’s non-public content stored in the Function to third parties, except in the following circumstances:
1. As required by applicable laws, regulations, or legal procedures;
2. In emergencies to protect the rights and safety of the User and the public;
3. To protect SwitchBot’s intellectual property or other legitimate rights;
4. Other circumstances where disclosure, editing or disclosure of personal information is required by law.

6. Disclaimer

6.1 Given the nature of the Function as a networked service, the User agrees and understands that, in the event of network failures not intentionally caused by SwitchBot, some or all services may be changed, interrupted or suspended; once SwitchBot detects and verifies a network failure, it will attempt to notify Users in advance where possible, but SwitchBot will not be liable to any User or third party for such incidents.
6.2 The Function may require periodic or non-periodic maintenance of the service platform or related equipment. If such maintenance causes service interruption for a reasonable period, SwitchBot shall not be liable, but will endeavor to notify Users in advance where possible.
6.3 The User is responsible for disputes or losses resulting from authorizing third parties (including third-party applications) to access/use content stored in the Function; such matters are unrelated to SwitchBot.
6.4 The following (including but not limited to) shall not be attributed to SwitchBot’s liability; SwitchBot will not be legally liable for any damages to the User arising from:
1. Planned maintenance activities;
2. Natural disasters such as earthquakes, typhoons, floods, storms, outbreaks of infectious disease, war, civil unrest or riots;
3. Orders of administrative or judicial authorities;
4. Faults of the User’s own devices;
5. Defects in client environments;
6. User settings or configuration errors in the service environment or computing devices;
7. Failures in network lines connecting to cloud services;
8. Improper operations by the User;
9. Third-party attacks and cheating.
6.5 Limitations of AI generation: We do not guarantee the accuracy, reliability, or applicability of generated results. The User understands AI models may be affected by technical limitations or data bias and produce outputs that do not align with expectations; Users should corroborate AI outputs with other information and assume the risk of relying on AI outputs. This Service is not suitable for medical diagnosis, life-support, security automated decision-making, or other high-risk scenarios.

7. Miscellaneous

7.1 The final interpretation right of this Agreement belongs to SwitchBot.
7.2 This Agreement takes effect upon publication, and SwitchBot may modify the terms at any time. Modified versions will be posted on SwitchBot’s website or App. If the User does not agree with the modifications, the User has the right to stop using the Function; continued use will be deemed acceptance of the modifications.
7.3 All notices to the User under this Agreement may be delivered by (but not limited to) announcements or e-mail; such notices are deemed delivered on the date sent.
7.4 This Agreement constitutes the entire agreement between the parties with respect to matters covered by this Agreement and related matters; except as provided herein, no other rights are granted to the parties.
7.5 If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and be binding on the parties.