Halo Quokka Terms of Service

Last Updated: April 28, 2026

Effective Date: April 1, 2026

Preamble

Welcome to Halo Quokka! These Terms of Service (the "Terms" or this "Agreement") constitute a legally binding agreement between you and Echo Infinity Limited (a limited company duly incorporated and existing under the laws of the Hong Kong Special Administrative Region of the People's Republic of China, with its registered address at OFFICE 5, 8/F, MEGA CUBE, 8 WANG KWONG ROAD, KLN BAY, KOWLOON, HONG KONG, hereinafter referred to as "we", "us", "our", "the Company", or "Halo Quokka") regarding your use of the Halo Quokka platform, website, and related services (collectively, the "Service").

Please read these Terms carefully before using the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms and any other policies incorporated herein (including our Privacy Policy).

If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the legal authority to agree to these Terms on behalf of that organization, and that the organization will be bound by these Terms.

If you do not agree to any part of these Terms, do not access or use the Service.

1. Definitions

"Service": refers to the Halo Quokka website, applications, APIs, and related features and content provided by Echo Infinity Limited.
"You" or "User": individuals or organizations using the Service.
"Account": the account and related credentials registered by you within the Service.
"Platform Data": data aggregated, processed, and presented to you through the Service from lawful data sources, including but not limited to TikTok Creator public profiles, public video data, analytics reports, statistical metrics, algorithmic inferences, and other derivative data we provide.
"Customer Data": content and data submitted, uploaded, or transmitted by you to us through your use of the Service (excluding Platform Data).

2. Account Registration and Responsibility

2.1 Registration

To access the full features of the Service, you must register an account and provide accurate, complete, and current information (such as your legal name and a valid email address). You agree to update such information promptly when it changes.

You shall not register accounts using automated means (such as bots or scripts), nor shall you register or access accounts on behalf of others without authorization.

2.2 Account Ownership and Security

The individual or entity paying via their payment method (where applicable), or the individual submitting valid registration information, is the Account Owner.
You are solely responsible for protecting your account credentials (including username, password, API keys, etc.).
Unless an express multi-user account plan or written authorization is in place, the account is by default for use by a single user or single organization. You are responsible for all activity conducted through your account.

2.3 Unauthorized Use

You must immediately notify us upon discovering or suspecting unauthorized use of your account. We are not responsible for losses arising from your failure to maintain reasonable security obligations.

2.4 Account Eligibility

Individual users of the Service must be at least eighteen (18) years of age, or have reached the legal age of majority in your jurisdiction. Persons under that age are not permitted to register or use the Service.

3. Nature and Modification of the Service

3.1 Service Description

The Service provides social media and e-commerce data analytics functionality, targeting brand marketers, e-commerce teams, and related operators. Functionality may include but is not limited to: TikTok Creator discovery and analysis, video performance evaluation, audience estimation, comment analysis, Campaign management, and AI-assisted commercial analytics. The specific features of the Service may change as the product evolves.

3.2 Modifications and Discontinuation

We may, at any time (with or without prior notice), modify, suspend, restrict, or discontinue all or any part of the Service's functionality. We do not bear any liability for such modifications.

If you do not agree with our modifications, your sole remedy is to discontinue use of the Service or (where applicable) cancel your subscription. Continued use of the Service after the effective date of modifications constitutes your acceptance of the modified Terms.

3.3 Beta and Test Features

The Service may currently include features marked as "beta", "preview", or similar designations. Such features are provided AS IS, may be unstable, may have missing functionality, or may be discontinued at any time; we provide no warranties with respect to such features.

4. Subscription and Billing (Where Applicable)

4.1 Current Pricing Arrangement

As of the effective date of these Terms, the Service is in beta and certain features may be made available free of charge to invited users. We may launch paid subscription plans in the future, in which case the pricing, duration, feature lists, and specific rules will be governed by the details page published in the Service at that time.

4.2 Subscription Plans

If you subscribe to a paid plan, you agree to pay all fees for the chosen plan. Subscription details (including price, period, included features, etc.) will be presented within the Service.

4.3 Payment Methods

You must provide and maintain valid payment information (such as a credit card, debit card, or other supported method). You authorize us or our designated payment service provider (such as Stripe) to charge your provided payment method on the subscription start date and on each subsequent renewal date until you cancel your subscription.

If your payment is declined or fails, we may suspend or terminate your access to paid features until valid payment is received.

4.4 Automatic Renewal

Unless otherwise specified in the subscription plan details, your paid subscription will automatically renew at the end of each subscription period, with charges applied to your payment method at the renewal price.

If you wish to avoid automatic renewal, you must cancel in time before the start of the next billing cycle, in the manner described in these Terms or the subscription plan details.

4.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings; unless otherwise expressly provided, paid subscription fees are not refunded on a pro-rata basis, but you may continue to use the Service until the end of the currently paid period.
7-Day Unconditional Refund (if specified on the Service's subscription page): for first-time subscriptions, you may receive a full refund if you request it within 7 days of subscription. Renewal subscriptions or subsequent subscriptions are not subject to this clause. After 7 days, refunds will generally not be issued.
Cancellation or refund requests should be made through your account settings or by emailing hello@haloquokka.com.

4.6 Price Adjustments

We reserve the right to adjust subscription pricing or subscription plan structures at any time. We will notify you of material price changes through reasonable means (such as email or in-Service announcements). Unless otherwise specified, price changes will apply to you after the notice period stated in such notification has elapsed.

4.7 Taxes

Unless otherwise stated, listed prices do not include any applicable taxes. You shall bear all taxes related to subscriptions (except for those required by law to be borne by us).

5. Licenses and Intellectual Property

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for internal business purposes in accordance with these Terms.

You shall not copy, modify, sell, lease, distribute, reverse-engineer, decompile, disassemble, or use to create derivative works any part of the Service, in whole or in part, without our prior written authorization.

5.2 Our Rights

All rights, title, and interest in and to the Service and all of its components (including but not limited to software, design, text, images, logos, brands, trademarks, data compilation, analytical methods, documentation, etc.) are owned by Echo Infinity Limited or its licensors, and are protected by relevant intellectual property laws.

"Halo Quokka" and related marks may be trademarks of Echo Infinity Limited. You may not use the foregoing marks without our prior written consent.

5.3 Customer Data

You retain ownership of your Customer Data.
You grant us a non-exclusive, worldwide, royalty-free license to use, copy, process, store, and display Customer Data solely for the purposes necessary to provide the Service to you. We will not use your Customer Data for any other purpose unrelated to providing the Service to you.
You represent and warrant that you have the right to provide Customer Data to us; that Customer Data does not violate any law or third-party rights (including intellectual property, privacy, or right of publicity); and that you will not provide data that you do not have the legal right to share.

5.4 Your Feedback

If you provide us with suggestions, feedback, improvement ideas, or other comments regarding the Service ("Feedback"), you grant us a non-exclusive, perpetual, royalty-free, sublicensable, transferable license to use such Feedback in any manner to improve the Service or develop new products, without any obligation to compensate you or obtain consent. We may (but are not obligated to) incorporate your Feedback into the product.

5.5 Publicly Posted Content

If you post content through any public functionality of the Service (such as comments, public messages, reviews, etc., if any), such content may be visible to other users or the public. You grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable license to use, copy, modify, display, and distribute such public content. You warrant that you possess all rights necessary to publish such content and that the content does not violate any law or third-party rights.

6. Platform Data and Data Use Restrictions

6.1 Nature of Platform Data

The Platform Data provided by the Service is sourced from lawful public information, third-party data service providers, or our own lawful data aggregation and analysis. Platform Data is protected by our or our licensors' intellectual property and contractual rights.

6.2 Use Restrictions

You agree to use Platform Data solely for lawful business analytics and decision-making purposes, and shall not:

Use Platform Data for any unlawful purpose or any activity in violation of applicable laws or regulations;
Without our prior written consent, disclose, sell, lease, share, or transfer Platform Data to any third party;
Use Platform Data to develop, operate, or support a product or service that competes with the Service;
Through automated means (such as bots, crawlers, scraping tools), bulk download, replicate, or redistribute Platform Data;
Publicly display or publish Platform Data without authorization on any media, website, application, or public report;
Use Platform Data to harass, defame, discriminate against, or otherwise harm the lawful interests of Creators.

6.3 Confidentiality Obligations

You agree to keep confidential the data, analysis results, reports, API responses, and other non-public information obtained through the Service, and to take reasonable security measures to protect your account and the data obtained from unauthorized access or misuse.

7. Prohibited Uses

You agree not to engage in or assist others in engaging in the following activities:

7.1 Unlawful or Unauthorized Use

Using the Service for any unlawful purpose, in violation of these Terms, or in violation of applicable law;
Infringing, violating, or misappropriating any third-party rights or confidential information.

7.2 Harmful Activities

Uploading or transmitting viruses, worms, Trojans, or other malicious code;
Attempting unauthorized access to our systems or interfering with any part of the Service or related networks.

7.3 Service Abuse

Accessing or scraping the Service through automated means (such as bots or crawlers) not approved by us, in a manner that overburdens or interferes with our infrastructure;
Reverse engineering, decompiling, or disassembling any part of the Service, or circumventing any security or access control mechanism.

7.4 Data Misuse

Collecting, harvesting, or storing the personal data of others without authorization;
Other than as expressly authorized by these Terms, reselling, sublicensing, or otherwise commercializing the Service or its data.

7.5 Harassment and Annoyance

Using the Service to harass, threaten, defame, or libel any person;
Using Creator data within the Service to harass Creators, conduct large-scale unsolicited commercial outreach, or otherwise harm Creators' lawful interests.

We have the right to suspend or terminate your access immediately if we believe you have violated the foregoing terms.

8. Privacy, Data Security, and Storage

8.1 Privacy Policy

Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Security

We employ commercially reasonable administrative, physical, and technical measures to protect your data, but no data transmitted or stored over the internet or electronically is 100% absolutely secure. You acknowledge and agree that you assume the risk of submitting data to us; except where caused entirely by our gross negligence or intentional misconduct, we are not responsible for unauthorized data breaches, access, or disclosure.

8.3 Data Retention

We will retain your information for as long as necessary to provide the Service to you, or for the period permitted by law. If you wish to delete your account or no longer wish for us to use your information, please contact privacy@haloquokka.com. We may retain certain necessary information for purposes of legal obligations, dispute resolution, or enforcement of agreements.

9. Disclaimers

9.1 "AS IS" and "AS AVAILABLE"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA, OR FREEDOM FROM VIRUSES.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.

9.2 No Guarantee of Business Outcomes

Any metrics, analyses, insights, predictions, or recommendations provided by the Service are for reference only. We do not guarantee that your use of the Service will achieve any specific outcome (such as sales, profits, partnership success rates, search rankings, etc.). You understand and agree that you assume the risk of any decision made based on Service information.

9.3 Third-Party Data and Services

TikTok Creator data, video metrics, and related information displayed in the Service are sourced from public channels or third-party data service providers. We do not warrant the accuracy, completeness, timeliness, or legality of such third-party data. You assume the responsibility of verifying such data and determining its applicability to your specific scenarios.

9.4 AI-Generated Content

Analyses, copy, reports, evaluations, recommendations, and other content generated by AI within the Service may contain errors, omissions, outdated information, or subjective judgments. You should independently verify such content and exercise your own judgment when using it. We make no warranty as to the accuracy, completeness, or applicability of any AI-generated content.

10. Limitation of Liability and Indemnification

10.1 Disclaimer of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECHO INFINITY LIMITED AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap

IN NO EVENT SHALL OUR AGGREGATE TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED:

(a) THE AMOUNTS YOU ACTUALLY PAID TO ECHO INFINITY LIMITED IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (b) IF YOU HAVE NOT PAID ANYTHING, TEN US DOLLARS (USD 10).

WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY.

10.3 Indemnification of Us

You agree to defend, indemnify, and hold harmless us, our affiliates, directors, employees, agents, and successors from and against any third-party claims, damages, liabilities, losses, or expenses (including reasonable attorneys' fees) arising from or related to:

Your breach or alleged breach of this Agreement;
Your misuse of the Service;
Your violation of any law or third-party rights;
Any content or data you submit, post, or transmit through the Service.

10.4 Fundamental Bargain

You acknowledge that the foregoing limitation of liability and indemnification provisions are a fundamental bargain of this Agreement and the basis on which we provide the Service to you at the current price. This Section shall remain effective even if any remedy stated in this Agreement fails of its essential purpose.

11. Dispute Resolution and Arbitration

11.1 Amicable Negotiation

If any dispute arises between you and us, you agree to first attempt to resolve it in good faith by contacting hello@haloquokka.com via email.

11.2 Binding Arbitration and Class Action Waiver

If a dispute cannot be resolved through negotiation (and where law permits arbitration), you and we agree to submit any claim, dispute, or controversy (excluding claims for injunctive or equitable relief) to binding arbitration as the final resolution.

Class Action Waiver: All claims must be brought in your individual capacity. You hereby waive the right to participate in any class action, class arbitration, or other representative proceeding.

Arbitration shall be conducted by a reputable arbitration institution (such as the Hong Kong International Arbitration Centre, HKIAC) under its applicable rules, in English or Chinese, with the seat of arbitration being the Hong Kong Special Administrative Region, or such other location as the parties may mutually agree. The arbitral award shall be final and binding on both parties.

11.3 Small Claims Alternative

As an alternative, if permitted by your local law, you may bring an action under your local small claims court rules, provided that such action is limited to the jurisdiction of that court and is brought in your individual capacity.

11.4 Right to Opt Out of Arbitration

You may opt out of binding arbitration within 30 days after first registering an account or otherwise agreeing to these Terms, by sending an email to hello@haloquokka.com containing your full legal name and a clear expression of intent to opt out. If you effectively opt out of arbitration, Section 11.2 shall not apply to you, but other provisions remain effective.

11.5 Mandatory Laws Not Affected

If the laws of your jurisdiction (such as EU consumer laws) prohibit mandatory arbitration or class action waivers, the relevant restrictions in this Section shall not apply to you to the extent permitted by law, but this shall not affect the validity of the remainder of this Section.

12. Termination

12.1 Termination by You

You may terminate this Agreement at any time by ceasing use of the Service and deregistering your account or canceling your subscription through your account settings. Upon termination, all rights granted to you under these Terms shall immediately terminate.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service or to terminate this Agreement when we deem it necessary (with or without prior notice), including but not limited to your breach of these Terms, suspected fraud or abuse, or extended inactivity.

12.3 Effects of Termination

Upon termination of this Agreement:

Your right to use the Service shall immediately cease;
Rights or obligations previously incurred (including payment obligations) shall continue to be effective;
We are not responsible for any losses or data loss resulting from suspending or terminating your access to the Service;
We may retain certain data as required by law (for example, for compliance or tax purposes).

13. Other Provisions

13.1 Changes to These Terms

We may revise these Terms from time to time. For material changes, we will notify you through reasonable means (such as email or in-Service announcements). Revised Terms become effective on the effective date stated therein. If you do not agree with the revised Terms, you must discontinue use of the Service; your continued use of the Service constitutes acceptance of the revised Terms.

13.2 Force Majeure

We are not responsible for delays or failures in performance caused by reasons beyond our reasonable control (including but not limited to natural disasters, war, terrorist attacks, cyberattacks, government orders, infrastructure failures, third-party service provider interruptions, internet outages, or pandemics).

13.3 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China (excluding its conflict of laws rules).

Except as otherwise provided in Section 11, any litigation related to these Terms or the Service shall be subject to the exclusive jurisdiction of the Hong Kong courts, and you and we both consent to the personal jurisdiction of such courts.

These Terms do not affect any statutory rights you may have under the mandatory consumer protection laws of your place of residence.

13.4 Assignment

You may not assign these Terms or any rights hereunder without our prior written consent. We may freely assign our rights and obligations under these Terms (for example, in connection with a merger, acquisition, or business restructuring).

13.5 Entire Agreement

These Terms, together with the other policies incorporated herein (such as the Privacy Policy), constitute the entire agreement between you and us with respect to the subject matter of the Service, and supersede all prior or contemporaneous written or oral agreements. Any waiver of any provision must be made in writing and signed by the waiving party.

13.6 Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

13.7 Notices

We may send notices to you via email, in-Service announcements, or other reasonable means. You may contact us through the following:

General Matters: hello@haloquokka.com
Privacy and Data Protection: privacy@haloquokka.com

13.8 Electronic Communications

By using the Service, you consent to receive communications from us electronically. Such communications may include account notices, legal notices, and other information. You agree that electronically delivered communications satisfy any legal requirement that such communications be in writing.

13.9 Survival of Terms

Provisions of these Terms that, by their nature, should survive termination of the Agreement (including but not limited to disclaimers, limitations of liability, indemnification, intellectual property, dispute resolution, and governing law) shall remain effective after termination of this Agreement.

13.10 Language Versions

These Terms may be made available in multiple language versions, including English, Chinese, and Indonesian. In the event of any discrepancy or conflict between language versions, the English version shall prevail.

14. Contact Us

If you have any questions about these Terms, please contact us:

General Inquiries: hello@haloquokka.com
Privacy and Data Protection: privacy@haloquokka.com
Company Name: Echo Infinity Limited
Registered Address: OFFICE 5, 8/F, MEGA CUBE, 8 WANG KWONG ROAD, KLN BAY, KOWLOON, HONG KONG

Last Updated: April 28, 2026

Effective Date: April 1, 2026

About this Document: This English version is the official version of the Halo Quokka Terms of Service. Internal Chinese and Indonesian translations may exist for reference; in case of any discrepancy between language versions, this English version shall prevail.