TERMS AND CONDITIONS

## 1. INTRODUCTION

### 1.1 Agreement to Terms

These Terms and Conditions ("Terms," "Terms and Conditions," or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and SHIP IT Company Limited, a company registered in Thailand with registration number 0105568091136, having its registered office at 529/146 Life Bangkok Boulevard Village, Soi Bang Waek, Bang Waek Road, Bang Wa Subdistrict, Phasi Charoen District, Bangkok ("Company," "we," "us," or "our"), governing your access to and use of the Underline mobile application, website, and related services (collectively, the "Services").

By accessing, downloading, installing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

### 1.2 Supplemental Terms

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

### 1.3 Changes to Terms

We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

## 2. ELIGIBILITY AND REGISTRATION

### 2.1 Age Requirements

The Services are intended for users who are at least 13 years old or the minimum age required in your country to consent to data processing. If you are under 18 years of age, you must have your parent or legal guardian's permission to use the Services and they must review and agree to these Terms on your behalf.

### 2.2 Account Registration

To access certain features of the Services, you must register for an account. When creating an account, you agree to:

- Provide accurate, current, and complete information

- Maintain and promptly update your account information

- Maintain the security and confidentiality of your login credentials

- Accept responsibility for all activities that occur under your account

- Notify us immediately of any unauthorized use of your account

You may not:

- Create an account for anyone other than yourself without permission

- Use a username that is offensive, vulgar, or infringes on others' rights

- Share your account credentials or allow others to access your account

- Create multiple accounts for disruptive or abusive purposes

### 2.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

## 3. PRIVACY AND DATA PROTECTION

### 3.1 Data Collection and Processing

Our Privacy Policy, available at https://theunderline.app/privacy, explains how we collect, use, store, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

### 3.2 User-Generated Content and AI Training

**IMPORTANT NOTICE: By using our Services, you expressly acknowledge and agree that:**

a) **Content Upload and Processing**: Any content you upload, submit, or share through the Services, including but not limited to:

- Images and photographs

- Text messages and chat histories

- Voice recordings

- Profile information

- Behavioral data and usage patterns

May be collected, processed, analyzed, and stored by us for various purposes.

b) **AI Model Training**: You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use your uploaded content and data for:

- Training, improving, and developing our artificial intelligence models

- Enhancing our Services and user experience

- Research and development purposes

- Creating aggregated and anonymized datasets

- Developing new features and functionalities

c) **Data Retention**: We retain your data for 90 days or as required by applicable law. Certain anonymized or aggregated data derived from your content may be retained indefinitely for AI training purposes.

d) **Third-Party Sharing**: We may share your data with:

- AI service providers (including but not limited to OpenAI, Google AI, Anthropic)

- Cloud storage and computing providers

- Analytics and performance monitoring services

- Law enforcement or government authorities when required by law

- Business partners for service improvement purposes

### 3.3 Data Subject Rights

In accordance with applicable data protection laws, you may have rights including:

- Access to your personal data

- Correction of inaccurate data

- Deletion of your data (subject to legal requirements)

- Data portability

- Objection to certain processing activities

- Withdrawal of consent (where processing is based on consent)

To exercise these rights, contact us at marketing@shipit.asia.

### 3.4 International Data Transfers

Your data may be transferred to and processed in countries other than Thailand, including countries that may not have the same level of data protection as your jurisdiction. By using our Services, you consent to such transfers.

### 3.5 Data Security

While we implement reasonable security measures to protect your data, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.

## 4. INTELLECTUAL PROPERTY RIGHTS

### 4.1 Company Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by the Company, its licensors, or other providers and are protected by Thailand and international copyright, trademark, patent, trade secret, and other intellectual property laws.

### 4.2 User Content License

By submitting, posting, or displaying content through the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

- Use, reproduce, distribute, prepare derivative works of, display, and perform your content

- Incorporate your content into our AI models and training datasets

- Use your content for marketing, promotional, and business purposes

- Sublicense these rights to our service providers and partners

This license continues even if you stop using our Services, to the extent necessary for our legitimate business purposes and legal obligations.

### 4.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services becomes our property and may be used without compensation or attribution to you.

## 5. USER OBLIGATIONS AND PROHIBITED ACTIVITIES

### 5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

- In any way that violates any applicable federal, provincial, local, or international law or regulation

- To transmit any unauthorized advertising or promotional material

- To impersonate or attempt to impersonate another person or entity

- In any way that infringes upon the rights of others

### 5.2 Prohibited Activities

You may not:

- Upload viruses, malware, or any malicious code

- Attempt to gain unauthorized access to any portion of the Services

- Harass, abuse, or harm another person

- Use the Services for any illegal or unauthorized purpose

- Interfere with or disrupt the Services or servers

- Attempt to bypass any security features

- Scrape or copy content through automated means

- Reverse engineer or decompile any part of the Services

- Use the Services to develop competing products

- Violate any applicable laws regarding data protection and privacy

- Upload content depicting minors without proper consent

- Share sexually explicit, violent, or otherwise inappropriate content

- Engage in any activity that could damage our reputation

## 6. PAYMENT TERMS

### 6.1 Subscription Services

Certain features of our Services require a paid subscription. By purchasing a subscription, you agree to:

- Pay all applicable fees and charges

- Provide accurate payment information

- Authorize recurring charges for subscription renewals

- Pay applicable taxes

### 6.2 Billing

- Subscriptions automatically renew unless cancelled

- Renewal charges occur at the beginning of each billing period

- We may change prices with 24 hours notice

- All payments are non-refundable except as required by law

### 6.3 Free Trials and Promotions

We may offer free trials or promotional pricing at our discretion. At the end of any free trial, your subscription will automatically convert to a paid subscription unless cancelled.

## 7. DISCLAIMERS AND LIMITATIONS OF LIABILITY

### 7.1 Service Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

### 7.2 AI-Generated Content Disclaimer

Our Services utilize artificial intelligence that may produce content that is:

- Inaccurate, misleading, or false

- Biased or discriminatory

- Inappropriate or offensive

- Not suitable for your specific needs

You acknowledge that AI-generated content should not be relied upon for professional advice (medical, legal, financial, etc.) and should be independently verified.

### 7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM

- WE ARE NOT LIABLE FOR USER CONTENT OR THIRD-PARTY ACTIONS

- WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS OR DATA LOSS

### 7.4 Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

- Your violation of these Terms

- Your violation of any third-party rights

- Your use of the Services

- Content you submit through the Services

## 8. GOVERNING LAW AND DISPUTE RESOLUTION

### 8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts located in Bangkok, Thailand.

### 8.2 Dispute Resolution

Before initiating any legal proceedings, you agree to attempt to resolve any dispute through good faith negotiations. If a dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in Bangkok, Thailand, in accordance with the rules of the Thai Arbitration Institute.

### 8.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

## 9. THIRD-PARTY SERVICES

### 9.1 Third-Party Content

Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

### 9.2 Third-Party AI Services

We utilize various third-party AI services to power our features. These services have their own terms and privacy policies, and your data may be processed according to their respective policies.

## 10. TERMINATION

### 10.1 Termination by You

You may terminate your account at any time through the account settings or by contacting us at jay30377@gmail.com. Termination does not entitle you to any refunds.

### 10.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

- Breach of these Terms

- Fraudulent or illegal activity

- Non-payment of fees

- Extended period of inactivity

- As required by law enforcement or court order

### 10.3 Effect of Termination

Upon termination:

- Your right to use the Services ceases immediately

- We may delete your account and content

- We retain the right to keep anonymized data for our records

- Provisions that by their nature should survive termination shall remain in effect

## 11. MISCELLANEOUS

### 11.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the use of the Services.

### 11.2 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.

### 11.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

### 11.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms. We may assign our rights under these Terms without restriction.

### 11.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

### 11.6 Survival

All provisions which by their nature should survive termination shall survive, including intellectual property provisions, indemnification obligations, disclaimers, and limitations of liability.

## 12. SPECIAL PROVISIONS FOR GLOBAL OPERATIONS

### 12.1 Jurisdiction-Specific Terms

Additional terms may apply based on your location. These jurisdiction-specific terms are incorporated by reference and prevail over conflicting provisions in these Terms to the extent required by local law.

### 12.2 Export Compliance

You may not use or export the Services in violation of applicable export laws and regulations.

### 12.3 Language

These Terms may be translated into other languages. In case of conflict between the English version and translated versions, the English version shall prevail to the extent permitted by law.

## 13. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact us:

**SHIP IT Company Limited**

529/146 Life Bangkok Boulevard Village

Soi Bang Waek, Bang Waek Road

Bang Wa Subdistrict, Phasi Charoen District

Bangkok, Thailand

Email: marketing@shipit.asia

Support: jay30377@gmail.com

Phone: +66 61-551-8196

Website: https://theunderline.app

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**BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.**

| 1.0 | January 13, 2025 | Initial Terms and Conditions |