Thank you for using Temu! These Terms of Use (“Terms”) contain the rules and restrictions that govern your use of our applications, products, services and websites (“Services”). These Terms form a binding agreement between you and us. By completing the registration process and/or browsing the Services, you represent that (1) you have read, understand and agree to be bound by these Terms; (2) you are of legal age and have the capacity to form a binding contract with us; and (3) you have the authority to enter into these Terms personally. You should not access or use the Services unless you agree to be bound by all of these Terms.

1. Overview

1.1 These Terms are between you and Whaleco Technology Limited, an Irish company.

1.2 Whaleco Technology Limited is referred to in these Terms and Policies (as defined below) as “we” or “us”. For the purposes of these Terms and Policies, we also refer to:

• Our website and mobile apps, which may offer features, products, services or content, including exchanges of information, as “Temu” or “our app”;

• End users, including visitors to Temu and those who use Temu to purchase products as “you”; and

• Sellers from whom you are purchasing products, as indicated on the product listing page, including third-party merchandise partners and us and/or our affiliates, as “Seller(s)”.

1.3 We and our affiliates provide technical and operational support for our Services. You may pay for multiple orders in one transaction on Temu. Multiple orders may be delivered together in one package.

1.4 Your use of, and participation in, certain Services are also subject to additional policies we publish, including the Privacy Policy and Cookies and Similar Technologies Policy describing how Temu processes your personal data (“Policies”). If these Terms are inconsistent with the Policies, the Policies shall prevail with respect to their relevant subject matter.

1.5 We reserve the right to make modifications to these Terms, including, to make these Terms clearer or easier to understand, to reflect any changes or enhancements we make to the Services, to comply with legal or regulatory requirements, to address security concerns, and/or to ensure the continued operation and performance of the Services. We will provide reasonable prior notice to you of any material modifications via email or other channels in accordance with applicable laws to give you an opportunity to review them before they go into effect. If you do not agree with the modifications, you should stop using the Services before they go into effect. We encourage you to periodically review these Terms for the latest version.

2. User Requirements and Registration

2.1 The Services are not intended for use by anyone who is under the age of 18 or a minor (as defined by applicable laws). To use the Services, you represent that you are using the Services solely for personal (non-commercial) use, and you are at least eighteen (18) years old and of legal age to form a binding contract. While products for children's use may be sold on Temu, these products are intended for sale to adults only. Certain products may also be intended for individuals of certain ages or “mature audiences” only. By ordering such products, you certify that you are old enough to view, use, own, or receive them. We are not responsible for third-party content that you may find offensive, indecent, or objectionable, although we may remove or restrict offensive or harmful content in accordance with our content moderation processes.

2.2 You may not use the Services if: (a) you cannot enter into a binding contract with us; or (b) you are banned from using the Services by us for violating these Terms or based on other reasonable grounds.

2.3 To access or use some of the Services, you may be required to create an account on Temu. When creating your account on Temu (“Account”), you agree to provide true, accurate, complete, and updated information about yourself, including contact details. You are responsible for keeping your registration information with us up to date. Unless otherwise specified herein, you are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to prevent use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not select as your username a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. We reserve the right to suspend and ban users for breach of these Terms and our Policies. You agree not to create an Account or use the Services if you have been permanently banned from any of the Services. Please see Section 3.5 below and our Community Guidelines for prohibited conduct. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security and to exit from your Account at the end of each session.

2.4 You may also register an Account by connecting through a social networking service (“SNS”) account and its credentials (an “SNS Account”) as permitted by Temu. If you access the Services through a SNS as part of the functionality of the Services, you may link your Account with SNS Accounts by allowing us to access limited information of your SNS Account, for the purposes described herein and in our Privacy Policy, as permitted under the applicable terms and conditions that govern your SNS Account (“SNS Content”). You represent that you are entitled to grant us access to your SNS Account to use the Services without breach by you of any of the terms and conditions that govern your SNS Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such SNS. Please note that if a SNS Account or associated service becomes unavailable, or our access to such SNS Account is terminated by the SNS, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your SNS Accounts at any time by accessing the “Settings” section of the Temu application or the “Orders & Account” section of the Temu website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONAL DATA THAT MAY BE PROVIDED TO US BY SUCH SNS PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

2.5 The applicable language of these Terms is the language version that corresponds to your chosen country/region on Temu.

2.6 The current version of these Terms shall always be displayed, and you are authorized to print or save electronic copies.

3. Rules and Restrictions

3.1 You agree to use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, the Policies, and all laws and regulations applicable to you. If your use of the Services is prohibited by any applicable laws, then you are not authorized to use the Services. We are not responsible for any use of the Services that is in violation by you of any applicable laws.

3.2 You are responsible for your use of the Services, including all activities associated with your Account. Therefore, you must protect the security of your Account and password and not share them with any third party. You must notify us immediately of any unauthorized use or security breach of your Account.

3.3 You must not create multiple accounts.

3.4 Any contests, promotions, surveys, or other promotional activities (collectively, “Promotions”) made available through the Services, to the extent permitted by applicable laws, may be governed by separate rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

3.5 When using the Services, you agree and undertake to comply with our Community Guidelines and Review Guidelines and not to take any action or make available any User Submissions (as defined below in Section 9.1) through the Services that may:

(1) infringe or violate another person’s rights, including intellectual property rights;

(2) violate any of these Terms, the Policies, our Community Guidelines or Review Guidelines or applicable laws and regulations;

(3) engage in any unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libelous, pornographic, obscene, profane or otherwise objectionable or discriminatory conduct;

(4) circumvent or attempt to circumvent any of these Terms, the Policies or other rules relating to the Services including the Promotions;

(5) constitute unauthorized or unsolicited advertising, or junk or bulk email;

(6) collect personal data from other users or use any such information collected from the Services, except where such collection or use is strictly necessary for the sole purpose of conducting research that contributes to the detection, identification or understanding of systemic risks related to the Services, in accordance with the objectives of the European Union’s Digital Services Act, and subject to compliance with applicable data protection and cybersecurity laws;

(7) engage in any conduct that is likely to cause a security breach of your Account;

(8) obtain another user’s password, account, or other security information;

(9) use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity;

(10) violate or interfere with the proper functioning or security of any computer network;

(11) run any form of auto-responder or “spam” on the Services, any process that runs or is activated while you are not logged into the Services, or any process that otherwise interferes with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure through overloading, “flooding,” “mail bombing” or crashing the Services);

(12) potentially harm the Services, including but not limited to the violation of any security features of the Services, use of manual or automated software or other means to access, “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or the introduction of viruses, worms or similar harmful code into the Services, except where such use is strictly necessary for the sole purpose of conducting research that contributes to the detection, identification or understanding of systemic risks related to the Services, in accordance with the objectives of the European Union’s Digital Services Act, and subject to compliance with applicable data protection and cybersecurity laws;

(13) copy or store any significant portion of the content on the Services without written consent from us;

(14) decompile, reverse engineer, or otherwise obtain the source code or underlying ideas or information of or relating to the Services;

(15) buy any products which you are not legally allowed to purchase or use;

(16) abuse any Promotions, discounts, or other benefits offered by us, or manipulate the price of any listed products or interfere with listings; or

(17) attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list.

In addition to any other remedies available to us, a violation of any of the foregoing is grounds for:

(1) removal, restriction or refusal to post any User Submission;

(2) cancellation or restriction of your purchases of products;

(3) cancellation or restriction of Rewards or payments due from us; and/or

(4) suspension, termination or other restriction of your access to or use of any or all parts of the Services.

If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal or other illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable laws, to disclose any information or materials on or in the Services, including User Submissions, in our possession in connection with your use of the Services to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms and the Policies, (iii) respond to any claims that a User Submission violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of us, our users or the public, and all enforcement or other government officials, and (vi) as otherwise provided for in the Privacy Policy, as we reasonably believe to be necessary or appropriate and provided such disclosure is in compliance with applicable laws, including applicable data protection and privacy law.

3.6 Misuse.

(1) You must not upload or share any illegal content or any content that violates these Terms, nor submit manifestly unfounded notices or complaints (e.g., through “report this item”, “report advertisement”, “report this review” or the “IP portal” functionalities). Any such conduct constitutes misuse of the Services. If you misuse the Services, we may, following a prior warning, suspend, restrict, limit, or terminate your access to or use of any or all parts of the Services.

(2) When assessing misuse, we consider the following factors:

• the frequency with which you have provided illegal content, content that violates these Terms, or manifestly unfounded notices or complaints within a specific timeframe;

• the proportion of such content or submissions compared to your overall activity;

• the seriousness of the misuse, including potential harm (e.g., behaviour that clearly violates our Community Guidelines or applicable European Union or member state laws);

• whether any content is manifestly illegal (e.g., child sexual abuse material, terrorist items, or other clearly illegal products); and

• whether the misuse appears to be intentional (e.g., fraudulent reports).

(3) We may apply restrictions temporarily or permanently, depending on the seriousness of the misuse and whether it constitutes a repeated offence. For example:

• in the case of a first-time, minor issue (e.g., accidentally posting an illegal review or submitting a single unfounded report), we may remove your review or reject your complaint, and issue a warning accordingly; and

• in the case of repeated or serious misuse (e.g., frequently posting manifestly illegal content or submitting daily manifestly unfounded notices), we may suspend your ability to post reviews or stop processing your reports for up to six (6) months.

4. Content Moderation

4.1 We detect certain content on Temu, including potential illegal content and content that may be incompatible with our Intellectual Property Policy and Community Guidelines (collectively, “Prohibited Content”) on Temu in two main ways: through voluntary own-initiative monitoring (i.e., proactive moderation) and as a result of reports (i.e., reactive moderation).

4.2 Proactive Moderation. We carry out own-initiative detection and moderation of Prohibited Content on Temu through a combination of automated systems and human review. Automated systems identify Prohibited Content and can take actions against clear violations. Human review also plays a vital role in content moderation, particularly in circumstances where nuanced assessments and contextual considerations are required.

4.3 Reactive Moderation. We also review content reported by external parties, including but not limited to users, rights holders, or other third parties, through the “report this item”, “report advertisement”, “report this review” or “IP portal” functionalities. We assess the reported content to determine whether it constitutes Prohibited Content. Where we detect Prohibited Content, we take appropriate enforcement actions, which may include removal or disabling access to the Prohibited Content, suspension of the Services, or other restrictive measures.

5. Reports, Decisions and Appeals

5.1 You may report content (e.g., advertisements, reviews or product listings) that you believe constitutes Prohibited Content by using the reporting tools, including the three dots (“…”) next to a review, the “report advertisement” within the Ad tooltip, or the “report this item” below a product listing.

Reports should include the following information:

(1) a clear explanation of why the content constitutes Prohibited Content (i.e., your report must be sufficiently precise and adequately substantiated);

(2) the exact location (e.g., URL) of the content and any other details that may assist us in identifying it;

(3) your name and email address, unless the report concerns offences under Articles 3 to 7 of Directive 2011/93/EU; and

(4) your confirmation that the information provided in the report is accurate and complete to the best of your knowledge.

5.2 If your report includes contact details, we will acknowledge receipt of the report and notify you of our decision. If we restrict your content, and you are located in the European Economic Area, we will provide you with a Statement of Reasons (“SOR”), explaining the decision and outlining your available options for redress, including the right to appeal.

Restrictions may include:

(1) removal, disabling, or demotion of content; or

(2) suspension or termination of payments, Services, or your Account.

5.3 You may appeal any decision not to act, restrictive decision or any SOR within six (6) months, free of charge, using the link provided. Appeals must be sufficiently precise and adequately substantiated. We will review appeals in a timely, diligent, non-discriminatory, and non-arbitrary manner, under the supervision of qualified staff (i.e., not solely automated). We may reverse our decision or the SOR without undue delay if we determine that:

(1) our original decision was unfounded;

(2) the content is not Prohibited Content; or

(3) your conduct does not warrant the restrictive measure taken.

You will be informed of the outcome of your appeal and any further available redress options.

5.4 For intellectual property issues, please use our IP portal and see our Intellectual Property Policy. For law enforcement or government requests, please see our Guidelines for Record Request.

5.5 If your complaint is not resolved through our internal complaint-handling system, you may contact a certified out-of-court dispute settlement body in accordance with Article 21 of the Digital Services Act. Please note that such decisions are not binding.

6. Temu’s Recommender Systems

6.1 Temu’s automated recommender systems help you discover content you may like by determining potentially relevant content and presenting it in an order that may be of interest to you. Temu’s recommender systems include:

(1) feed-based product recommendations, which are product recommendations displayed on Temu without search queries;

(2) search-based product recommendations, which are product recommendations displayed on Temu in response to your search queries;

(3) advertised product recommendations;

(4) promotion recommendations; and

(5) review recommendations.

Find more in our Introduction to Temu’s Recommender Systems, available in our Transparency Center.

6.2 Main Input Signals for Recommender Systems.

Input signals refer to factors that Temu’s recommender systems consider in recommending content. Temu’s recommender systems utilise three categories of main input signals:

(1) user interactions, including (a) your browsing history, products clicked and related time spent, products added to shopping cart, and products purchased (for both product and promotion recommendations); (b) your searching history, products saved to wish list, and your return and refund history (for just product recommendations); and (c) promotional activities previously recommended to you, promotional activities you viewed, clicked, and/or interacted with, and incentives you have received or used (for just promotion recommendations);

(2) item attributes, which vary depending on the type of items being recommended and are explained in further detail in Sections 6.3, 6.5 and 6.6 below; and

(3) contextual information, including your country/region, language, currency settings, device information, and timing of your interactions with the Services.

Temu’s product and promotion recommendations are by default personalised and take into account all three categories of input signals. Temu’s review recommendations are non-personalised and do not consider input signals from your interactions with the Services.

Input signals from user interactions are relatively important because these signals help Temu understand your interests and preferences. Item attributes are relatively important because they help us match products and promotions with your interests and preferences. Item attributes also allow us to prioritise high-quality and popular content. Contextual information is relatively important because it helps us fine tune recommendations in real time to your browsing environment.

While the relative importance of the input signals is subject to change, those related to user interactions are generally considered most important because they are instrumental to Temu’s provision of personalised recommendations tailored to your interests and preferences.

6.3 Personalised Product Recommendations.

Temu’s personalised product recommendations consider various input signals to predict how likely you are to click on or purchase the products we recommend and rank them accordingly. In addition to considering input signals from user interactions and contextual information listed in Section 6.2, Temu’s product recommendations also consider the following input signals related to product attributes:

(1) product intrinsic characteristics (e.g., size, material, and specifications);

(2) product features (e.g., product category, title, price, images, and affiliated store);

(3) product popularity and statistical metrics (e.g., sales volume, average product ratings, how often a product has been shown, clicked, added to shopping cart, added to wish list, purchased, or returned in aggregate terms, and aggregated engagement metrics (e.g., click-through rates and conversion rates));

(4) the relevance of intrinsic product characteristics and product features to your search query for search-based product recommendations; and

(5) whether and how much third-party merchandise partners have paid to promote the products for advertised product recommendations.

6.4 Filtering and Sorting Product Recommendations.

To help you browse product recommendations more efficiently under specific product categories or through your search results, Temu provides the following filtering and sorting options:

(1) filtering options displayed at the top of each product recommendation list allow you to narrow recommendation results by:

• product features (e.g., category, colour, size, material, brand, seasonality, and specifications);

• price range;

• review rating range; and

• shipping location.

(2) sorting options displayed at the top of each product recommendation list allow you to reorder the recommended products by:

• relevance (default order): products most relevant to your interests will be shown first;

• top sales: the best-selling products will be shown first;

• most recent: products most recently added on Temu will be shown first;

• price low to high: products will be displayed from the most affordable one to the most expensive one; and

• price high to low: products will be displayed from the most expensive one to the most affordable one.

6.5 Personalised Promotion Recommendations.

Temu’s personalised promotion recommendations predict which promotional activities and incentives you may like and rank them accordingly. Promotional activity recommendations sort promotional activities in an order that is most likely to interest you. Once you participate in a promotional activity, incentive recommendations determine which specific economic benefit (e.g., coupons and credits) we recommend to you.

In addition to considering input signals from user interactions and contextual information listed in Section 6.2, Temu’s promotion recommendations also consider the following input signals related to promotion attributes:

(1) for promotional activity recommendations: basic activity features (e.g., promotional materials such as images and text, and activity benefits such as coupon amounts) and historical performance metrics (e.g., aggregated click-through rates which indicate how often an activity has been clicked by our users and aggregated conversion rates which indicate how likely a user who participated in an activity actually made a purchase); and

(2) for incentive recommendations: incentive features (such as coupon amounts, and the monetary amount and quantity of products you need to purchase to qualify for the incentives), historical trends of user usage of the incentive (such as usage rate), and product attributes such as product category, price, and inventory.

6.6 Non-Personalised Review Recommendations.

Temu’s review recommendations are non-personalised, meaning they do not consider input signals from user interactions with the Services. Instead, review recommendations consider review-specific attributes, such as the representativeness and informativeness of the review texts, whether the review contains images or videos, the number of images included in the review, and the clarity and relevance of the images contained in the review. Review recommendations also consider your country/region settings to prioritise reviews relevant to your country/region.

You can filter the reviews by:

(1) “rating filters” (featuring reviews with specific ratings);

(2) “photos/videos” (featuring reviews with photos or videos);

(3) “bought again” (featuring reviews from repeat purchasers); and

(4) country/region tag featuring consumer reviews from the country/region on which you are currently browsing Temu, as well as filtering tags generated based on the review content (such as “long battery life” for a wireless headphone listing).

You can also sort the reviews by:

(1) most recent: reviews shown from the newest to the oldest;

(2) highest rating: reviews with the highest ratings appear first; and

(3) lowest rating: reviews with the lowest ratings appear first.

6.7 Opting Out of Personalised Recommendations.

Temu provides personalised recommendations for products and promotions by default. However, you can opt out of all personalised recommendations at any time, by turning off the main personalised recommendations toggle available under “Your privacy choices” on our website, or “Privacy” on the Temu app, where Temu also provides specific options to control personalisation of feed-based product, search-based product, advertised product, and promotion recommendations. Once you turn off these toggles, Temu will continue to provide recommendations, but the recommendations no longer take into account input signals from your interactions with the Services. You can opt back in to personalised recommendations at any time.

7. Privacy

7.1 Our Privacy Policy provides information about how Temu collects, uses, and discloses your personal data when you access, visit or use the Services. In connection with your use of the Services, you acknowledge that Temu may collect, access, use, preserve and disclose your personal data (including your Account and user information) as described in these Terms and in our Privacy Policy, which you acknowledge you have read.

8. Communications

8.1 You acknowledge that you may receive communications from us electronically, such as emails, texts, mobile push notifications, and notices and messages on or through the Services (“Push Messages”), and where required by law, we will obtain your permission to deliver such Push Messages in accordance with the standards required by applicable laws. You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Services on your mobile device, including for your receipt of Push Messages. You also acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically constitute and shall have the same legal effect as “in writing.”

8.2 You acknowledge that we may communicate with you at any email address or telephone number that you provide us, to: (i) notify you regarding your Account; (ii) troubleshoot problems with your Account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) notify you regarding your orders, payment and delivery updates; (vii) send you authentication texts, including one-time passcodes; or (viii) as otherwise necessary to service your Account or enforce these Terms, the Policies, applicable laws and regulations, or any other agreement we may have with you in accordance with your relevant permissions, settings and preferences as applicable. Message and data rates may apply.

8.3 If you would like to receive our marketing materials via text messages, emails or other channels, you may subscribe to do so. When you have given us your permission where necessary and in accordance with the standards required by law, we will send you marketing materials using the contact details you provide us. Opting in for a channel does not entail automatic opt-in for another. You will be given the option to opt out of marketing materials following the instructions provided therein. Message and data rates may apply. You acknowledge that you are not required to consent to receive marketing materials as a condition of using the Services.

8.4 Our communications with you may be through a third-party service provider. You acknowledge that, subject to our Privacy Policy, your communications with us, the third-party merchandise partners, or our agents may be recorded, monitored and stored for quality control and training purposes, or to protect your, our and/or the merchandise partners’ interests.

9. User Submissions

9.1 “User Submission” means anything posted, uploaded, shared, submitted, stored, or otherwise provided by you through the Services, including suggestions, comments, reviews, ratings, photos, videos, other feedback or materials, or SNS Content and may be viewable by other users.

9.2 For all User Submissions, you grant us a fully-paid, royalty-free, non-exclusive, transferable, sublicensable, worldwide right and license to use, license, store, display, reproduce, save, modify (e.g. to make sure the User Submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act with respect to such User Submissions as we determine is necessary to operate, market, and advertise the Services, including to present, display, or perform such User Submissions in accordance with your preferences, always in accordance with applicable data protection law and other applicable laws.

9.3 You acknowledge and agree that all User Submissions (including the username under which you made them) are non-confidential and non-proprietary (but excluding your communications directly with Temu for the purposes of making a report or complaint or resolving service issues which will be treated as confidential).

9.4 You warrant that you own or otherwise control all rights to the User Submissions and that our use of any User Submission will not infringe upon or violate the rights of any third party or violate any of the rules and restrictions contained in these Terms (including those included in Section 3 herein).

9.5 We do not endorse User Submissions and they do not represent our views. We expressly disclaim any liability for User Submissions or damages resulting from them. We expect users to maintain a high level of integrity when submitting User Submissions that are viewable by other users, especially with respect to ratings and reviews of products. You undertake that the User Submissions that are viewable by other users are made truthfully in good faith and based only on your first-hand experience. You further undertake that you will prominently indicate if a User Submission was sponsored or paid for in any way. You acknowledge that we have no obligation to pre-screen User Submissions, although we reserve the right to pre-screen, refuse, exclude or remove any User Submission. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and moderation. In the event that we pre-screen, refuse, exclude or remove any User Submissions, you acknowledge that we will do so to maintain the safety and integrity of the Services. Without limiting the foregoing, we shall have the right to remove any User Submissions that violate these Terms or are otherwise objectionable.

10. Ownership

10.1 You acknowledge and agree that all materials displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and User Submissions (collectively, “Content”) may be protected by copyright and/or other intellectual property laws throughout the world. You undertake to comply with all copyright notices, trademark rules, information, and restrictions contained in the Content, and not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise use for any purpose any Content not owned by you without the prior consent of the owner of that Content.

10.2 We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing upon another person’s intellectual property rights and to terminate the accounts of the alleged infringers. See our Intellectual Property Policy to learn how to report potentially infringing Content.

10.3 You acknowledge and agree that we own or license the Services. You undertake not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this Section.

10.4 Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and your payment of any applicable fees and taxes, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services for the sole purpose of using Temu. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by us terminate if you do not comply with these Terms or any applicable policies, rules, or guidelines.

10.5 You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You may not solicit, advertise for, or contact in any form users for employment, contracting or any other purpose not related to the Services facilitated through Temu. If you violate this provision, we reserve the right to refuse service, terminate accounts, and/or cancel purchase transactions in our discretion.

11. Responsibilities; Third Party Risks

11.1 You acknowledge and agree that any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person that posted, transmitted, or provided such Content. You access and use the Content, and interact with other users, at your own risk. We are not responsible for any errors, mistakes, omissions, or inaccuracies in the Content posted, transmitted, or provided by third parties. We do not control any third-party Content on the Services and have no duty to take any action regarding how you may interpret, use or react to the third-party Content. We have no obligation to pro-actively monitor, and do not approve, endorse, or make any representations or warranties with respect to, third-party Content. You also understand that we cannot guarantee the identities of the users with whom you interact while using the Services and are not responsible for which users gain access to the Services.

11.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights to contribute such Content to the Services in such manner.

11.3 The Services may contain links or connections 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, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or services. In addition, we will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. You acknowledge and agree that we are not responsible for any risks resulting from your access or use of any third-party websites or services. We encourage you to be aware when you leave the Services and to read the terms of use and privacy policy of each third-party website or service that you visit or use.

11.4 Your interactions with other users, other entities or individuals, including but not limited to third-party merchandise partners, as a result of your use of the Services, including communications, payments, performances and deliveries, are solely between you and such third parties; provided, however, that we reserve the right, but have no obligation, to intercede in such interactions. You should make whatever investigation and/or seek whatever professional advice as you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You acknowledge and agree that we are not responsible for any loss or damage incurred as the result of such interactions. You agree that we will not be responsible for any liability incurred as the result of such interactions.

11.5 It is a material breach of these Terms to arrange for the sale of listed items from, or the payment of fees to, third parties outside the context of Temu for the purposes of circumventing the obligation to pay the fee for products purchased through the Services.

12. Disclaimer

12.1 We are not liable for any claims or disputes that may arise between users of Temu. If there is a dispute between you and another user, or any third party on Temu, we are under no obligation to become involved.

13. Purchases

13.1 You, the customer, are responsible for reading the full product listing before purchasing any products. There may be a minimum purchase amount to be able to place an order, which may vary depending on whether this is your first order or a subsequent order. Any applicable minimum purchase amount and conditions will be disclosed to you on the product listing page before placing your order.

Please note that all Sellers who are entitled to sell products on Temu are professional traders. The name and contact details of the respective Sellers are displayed on the product listing page.

13.2 By confirming your purchase, you acknowledge your responsibility to pay the total cost of your order, including taxes, customs-related duties, taxes and fees, and shipping costs, if applicable. Unless otherwise specified at checkout, in the European Union, all prices displayed on our website in Euros (€) or other local currencies are inclusive of all applicable VAT, customs-related duties, taxes and fees, and any other taxes and fees to the extent applicable. Depending on the products you purchase and the shipping methods you select, shipping costs may apply and will be clearly displayed to you before you confirm your order.

You agree that, (i) the contract for the purchase of products is concluded solely between you and the Seller as indicated on the product listing page, and the respective Seller is ultimately responsible for the performance of such contract; (ii) where applicable, you may act as the importer of the products purchased and you hereby authorize us to appoint a freight forwarding agent to act as your direct representative and pay any customs duties, taxes and fees on your behalf; and (iii) title to the products you purchase that are indicated as sold by Temu passes to you upon delivery to your address.

For products for which the price does not include customs-related duties, taxes and fees, we offer customers customs-related duties, taxes and fees (“Import Fees”) estimation during checkout and customs clearance on your behalf for the European Union. During checkout, we are entitled to ask you to make an Import Fee deposit in order to guarantee the payment of such Import Fees on your behalf. Note that for customers located in the European Union, Import Fees may be imposed on products that you purchase if the total value of imported products exceeds the threshold amount as specified by applicable laws. If the actual Import Fees are more than the Import Fees deposit, you will not be charged any additional amounts. If the actual Import Fees are lower than the Import Fees deposit we have estimated, you will be automatically refunded the difference using the payment method you used for the order. You will receive an e-mail confirming the amount of the refund. Refunds are processed when we receive invoices from carriers confirming the actual Import Fees.

13.3 Information relating to products (e.g., pricing, product descriptions, availability, delivery options, and estimated delivery times) is available on the product listing page on Temu. While we strive to provide accurate information on Temu, typographical errors, inaccuracies, or omissions that relate to product information may occur. The respective Seller should be responsible for the accuracy of the product information. Subject to applicable laws and unless otherwise stated in these Terms, if any product information on Temu is inaccurate, we reserve the right to correct and to change or modify information or cancel orders or parts of orders before the product is shipped. In such event, we may contact you for instructions, or notify you of any such cancellation and provide a refund for such cancellation. Without prejudice to your statutory rights and unless otherwise stated on the Services, you may cancel your order at no cost and without prior notice at any time before it is packed for shipment and obtain a refund for such cancellation. Even if the product has already been packed for shipment, you may still return it after you receive it and obtain a refund for such return. For details on order cancellations, product return and refund, please visit our Support Center and Return and Refund Policy.

13.4 Please check all descriptions and restrictions regarding the product you are interested in thoroughly before you place your order. If you have any special circumstances (e.g., a medical or health condition and/or special need) that may affect or be affected by the product you wish to purchase, it is solely your responsibility to consult with a qualified professional or healthcare provider before you place your order.

13.5 We make reasonable efforts to ensure the colour display of the products on Temu is as accurate as possible. However, we cannot guarantee that the display of any colour on your device will be an accurate depiction of the colour of the product you selected to purchase.

13.6 The respective Seller shall be liable for the products you purchase on Temu for any lack of conformity which exists at the time when the products were delivered, and which becomes apparent within the period provided by applicable laws. European Union and national consumer laws provide you with legal rights, including a statutory warranty that the product will be in conformity. The remedies for such warranties shall be limited to the right to have the products brought into conformity (either by repair or replacement, where applicable) or to receive a proportionate reduction in the price, or to terminate the contract. For more details on your statutory warranty rights and how to exercise them, please see here.

A commercial warranty expressly provided by the respective Seller and/or manufacturer may apply in addition to these statutory warranty rights. Please refer to the warranty document that may be included with the relevant product. However, please note that we are not responsible for any warranties provided by any third parties.

Any other damage claims based on the non-conformity of the product is excluded as described in Section 17.2 to the extent permitted by applicable laws. Nothing in these Terms will affect or restrict any mandatory rights that you have under applicable laws.

13.7 Before submitting your order, you may be able to choose a shipping method and be informed of the approximate date of delivery of your order. To enable a smooth shopping experience, shipping and delivery are typically handled by our logistics service providers, unless the Seller chooses to fulfill the order by itself. You will be able to choose among the payment methods available in your jurisdiction. In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your Account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD AND APPROVING A SPECIFIC PURCHASE, YOU AUTHORIZE US OR OUR AFFILIATES OR OUR AGENTS OR PAYMENT PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR THE SPECIFIC PRODUCTS WHICH YOU ARE SEEKING TO PURCHASE; (B) ANY AND ALL APPLICABLE TAXES, CUSTOMS-RELATED DUTIES, TAXES AND FEES, AND SHIPPING COSTS; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES, AS SUMMARISED PRIOR TO YOUR APPROVAL OF THE PAYMENT. We may decline, freeze or hold your transaction for any reason as permitted by applicable laws, including for suspected fraud, anti-money laundering and sanctions compliance, or if we reasonably believe your transaction poses a risk to us or any third party.

13.8 Payment processors may charge you fees for your purchases made through Temu. Your use of the payment processing services provided by the payment processor may be subject to your agreement with the payment processor, as may be modified from time to time. As a condition of using the payment services, you must provide accurate and complete information, and you authorize us to share this information with the payment processor.

13.9 Your payment obligations are fully fulfilled once your payment of the total cost of the order is received. You can download your order summary from our website.

14. Refunds, Exchanges and Related Matters

14.1 We provide customer services support involving payment, return, refund and other areas in connection with your purchase of products on behalf of the Sellers.

14.2 We want you to be satisfied with your purchases through the Services. For all the products purchased on Temu, you may be entitled to a return and refund. For details of return and refund (including your statutory right of withdrawal against the Sellers), please visit our Return and Refund Policy. Please follow the instructions in the policy if you want to request a refund. You acknowledge and agree that we may issue a refund to you in accordance with the Return and Refund Policy.

15. Rewards

15.1 You may receive credits, coupons, cash, gifts or other kinds of reward by use of the Services (collectively, “Rewards”). Some rewards may only be used for discounts on or payment for eligible purchases on or through the Services (but note that not all products may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law. You should read carefully the information and applicable rules regarding different kinds of rewards. In the event of any inconsistency between the conditions governing the Rewards and these Terms, the specific conditions of the Rewards shall prevail.

16. Ending Our Relationship

16.1 You are free to stop using the Services at any time. We are also free to terminate or suspend your use of the Services or your Account, where you breach these Terms or the Policies, as determined by us acting reasonably. Even after your use of the Services is terminated or suspended, these Terms will remain enforceable against you and any unpaid amount you owe to us will remain due.

16.2 If your Account is terminated, all Content and Rewards associated with your Account will be forfeited and cancelled. You should try to use any remaining Rewards before the date on which such termination becomes effective.

16.3 All provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

17. Limitation of Liability

17.1 Subject to Section 17.2, we shall only be liable towards you for obligations arising under these Terms. Subject to applicable laws, in no event shall we be liable for any actions or omissions of any third parties.

17.2 Our liability towards you is governed by the following rules:

(1) We shall only be liable for (i) damages caused willfully or as a result of gross negligence by us, our employees, or our vicarious agents, (ii) fraudulent non-disclosure or misrepresentation by us, or breach of explicit guarantees provided by us; and (iii) damages arising from death or personal injury caused by us, our employees, or our vicarious agents.

(2) We shall only be liable for other damages if they result from a violation of an obligation that must be observed to ensure the due performance of these Terms and the observation of which the other party to these Terms can usually rely. At the same time, our liability for such other damages is limited to those damages that are deemed typical for this type of contract and foreseeable. We are not liable for any unforeseeable losses. Unforeseeable losses are losses that are unexpected, and it was not obvious that they would arise, and there was nothing you said to us before entering into these Terms or before placing your orders that we should have expected to arise. We will not exclude or limit liability where the applicable laws do not permit such exclusion or limitation.

(3) In all other cases not covered by Section 17.2(2), we do not provide any warrant or assume any liability for obligations arising out of the contracts entered into solely between you and any third parties.

(4) We shall not be liable for the misuse of the products, including any use that does not comply with the descriptions or instructions provided on the product listing page, or any use that could not have been reasonably foreseen.

(5) We shall not be liable for the accuracy, reliability, or completeness of third-party Content made available on Temu free of charge, nor for any damages that may arise from such third-party Content.

18. Indemnity

18.1 You agree to indemnify us against any and all claims asserted by other users or other third parties against us based on the infringement of their rights by your use of the Services or your violation of these Terms. In indemnifying us under this Section, you shall bear our costs of necessary legal defence. This does not apply if you are not responsible for such claim. In the event of an indemnified claim under this Section, you must provide us immediately and accurately all information necessary for the examination of the claims and a defence.

19. App Stores

19.1 Application License. Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Temu mobile application (“Application”) on a device or computer that you own or control solely for your personal or non-commercial use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the Apple App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this Section, with respect to any Apple App Store Sourced Application or any Application accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), you may have additional rights with respect to access to and use of the Application applicable to volume purchasing or via family sharing on Apple -branded Products or a shared basis within your designated family group subject to the applicable Apple or Google terms and your associated settings.

19.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play Store (each, an “App Store”). You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) and applicable taxes charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce it.

19.3 Accessing and Downloading the Application from the Apple App Store. The following applies to any Apple App Store Sourced Application accessed through or downloaded from the Apple App Store:

(1) You acknowledge and agree that (i) these Terms are concluded between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the Apple App Store Sourced Application and content thereof. Your use of the Apple App Store Sourced Application must comply with the Apple App Store Terms of Service.

(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Sourced Application.

(3) In the event of any failure of the Apple App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store Sourced Application to you and to the maximum extent permitted by applicable laws, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store Sourced Application. As between Apple and us, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

(4) You and we acknowledge that, as between Apple and us, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App Store Sourced Application or your possession and use of the Apple App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.

(5) You and we acknowledge that, in the event of any third-party claim that the Apple App Store Sourced Application or your possession and use of that Apple App Store Sourced Application infringes that third party’s intellectual property rights, as between Apple and us, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

(6) You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the Apple App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apple App Store Sourced Application against you as a third-party beneficiary thereof.

(7) Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the Apple App Store Sourced Application.

20. General

20.1 Assignment. You may not assign, delegate, or transfer these Terms, or your rights and obligations hereunder, to any other person in any way (by operation of law or otherwise) without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and its rights and obligations hereunder to any other person without your consent, unless otherwise stated in these Terms, and in any case without prejudice to your legal rights.

20.2 Unforeseen Events. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

20.3 Choice of Law. If you are a resident of a country in the European Union, then these Terms and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of such country. If you are a resident outside the European Union, they will be governed by the laws of Ireland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement between you and us or these Terms.

20.4 Dispute Resolution. If you have any issues or complaints, you may directly contact our customer service to seek an amicable resolution, and we will endeavor to coordinate with the relevant parties to address them timely and appropriately. In the event of a dispute not having found an amicable solution, and in any case, you and we agree that any dispute arising out of or in connection with these Terms shall be subject to either the courts of Dublin, Ireland or the courts of the place where you are domiciled in the European Union.

Except as required by the European Union’s Digital Services Act or other applicable European Union and national laws, we are not obligated to participate in non-mandatory alternative dispute resolution mechanisms under any applicable non-mandatory regulations.

20.5 Notice. You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are responsible for keeping your email address information with us up to date. You may give notice to us through our web form or by post at the following address:

Whaleco Technology Limited, First Floor, 25 St Stephen's Green, Dublin 2, Ireland

If you give notice by post, please note that such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or regular postage prepaid mail at the above address.

20.6 Waiver. Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

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

20.8 Third-Party Beneficiaries. Except as provided in Section 19, there are no third-party beneficiaries intended under these Terms.

20.9 Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

20.10 Conflicts. If any third-party merchandise partners provide additional terms or offer guarantees more favourable than these Terms and/or our Return and Refund Policy, those additional terms will apply as between you and them. However, Temu assumes no responsibility for any of such terms, and you should follow the merchandise partner’s instructions or contact them directly to ensure these terms are applied, or if you have any questions or believe any terms are unlawful or invalid. If any of these additional terms are unlawful or invalid, mandatory consumer protection laws will prevail. Temu reserves the right to remove or restrict access to any information that violates applicable laws once we become aware of it.

21. Contact Information

Our contact information is as follows:

Whaleco Technology Limited, First Floor, 25 St Stephen's Green, Dublin 2, Ireland

More information is available at Company Details – Imprint.