Privacy Policy & EULA

Last edited July 31, 2024


TERMS AND CONDITIONS

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS

  2. INTELLECTUAL PROPERTY RIGHTS

  3. USER REPRESENTATIONS

  4. USER REGISTRATION

  5. PROHIBITED ACTIVITIES

  6. USER GENERATED CONTRIBUTIONS

  7. CONTRIBUTION LICENSE

  8. SOCIAL MEDIA

  9. SUBMISSIONS

  10. THIRD-PARTY WEBSITE AND CONTENT

  11. SITE MANAGEMENT

  12. PRIVACY POLICY

  13. COPYRIGHT INFRINGEMENTS

  14. TERM AND TERMINATION

  15. MODIFICATIONS AND INTERRUPTIONS

  16. GOVERNING LAW

  17. DISPUTE RESOLUTION

  18. CORRECTIONS

  19. DISCLAIMER

  20. LIMITATIONS OF LIABILITY

  21. INDEMNIFICATION

  22. USER DATA

  23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  24. CALIFORNIA USERS AND RESIDENTS

  25. MISCELLANEOUS

  26. INFORMATION WE COLLECT

  27. HOW WE COLLECT INFORMATION

  28. HOW WE USE YOUR INFORMATION

  29. DISCLOSURE OF YOUR INFORMATION

  30. DATA RETENTION

  31. DATA SECURITY

  32. YOUR DATA PROTECTION RIGHTS

  33. CHILDREN'S PRIVACY

  34. CHANGES TO THIS PRIVACY POLICY

  35. THIRD-PARTY SERVICES

  36. GOOGLE API SERVICES

  37. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Kino AI, Corp. ("Company,"

we," “us," or “our”), concerning your access to and use of the Kino AI Desktop + Server app as well as any other media form, media channel,

mobile website or mobile application related, linked, or otherwise connected thereto

(collectively, the “Site”). We are registered in Massachusetts, United States and have

our registered office at 229 Commonwealth Avenue, Boston, MA 02116. You agree

that by accessing the Site, you have read, understood, and agreed to be bound by all

of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF

USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND

YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site

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 of

Use from time to time. We will alert you about any changes by updating the “Last

updated” date of these Terms of Use, and you waive any right to receive specific

notice of each such change. Please ensure that you check the applicable Terms

every time you use our Site so that you understand which Terms apply. 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 of Use by your continued use of the Site after the

date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any

person or entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who

choose to access the Site from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are

applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance

Portability and Accountability Act (HIPAA), Federal Information Security Management

Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may

not use this Site. You may not use the Site in a way that would violate the Gramm-

Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age

of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,

databases, functionality, software, website designs, audio, video, text, photographs,

and graphics on the Site (collectively, the “Content”) and the trademarks, service

marks, and logos contained therein (the “Marks”) are owned or controlled by us or

licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States,

international copyright laws, and international conventions. The Content and the

Marks are provided on the Site “AS IS” for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no

Content or Marks may be copied, reproduced, aggregated, republished, uploaded,

posted, publicly displayed, encoded, translated, transmitted, distributed, sold,

licensed, or otherwise exploited for any commercial purpose whatsoever, without our

express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to

access and use the Site and to download or print a copy of any portion of the Content

to which you have properly gained access solely for your personal, non-commercial

use. We reserve all rights not expressly granted to you in and to the Site, the Content

and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you

submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these Terms

of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not

access the Site through automated or non-human means, whether through a bot,

script, or otherwise; (6) you will not use the Site for any illegal or unauthorized

purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any commercial

endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile,

directly or indirectly, a collection, compilation, database, or directory without

written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the

Site, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Site and/or the Content

contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm

another person.

Make improper use of our support services or submit false reports of abuse or

misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,

or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Site.

Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of

another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts

as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats (“gifs”), 1×1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

“spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks

or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict

access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a

part of the Site.

Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Site, or using or launching any unauthorized script or other

software.

Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of

sending unsolicited email, or creating user accounts by automated means or

under false pretenses.

Use the Site as part of any effort to compete with us or otherwise use the Site

and/or the Content for any revenue-generating endeavor or commercial

enterprise.

Use the Site to advertise or offer to sell goods and services.

Sell or otherwise transfer your profile.

6. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message

boards, online forums, and other functionality, and may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Site, including but not limited to text,

writings, video, audio, photographs, graphics, comments, suggestions, or personal

information or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Site and through third-party websites. As such, any

Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and

warrant that:

The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Site, and

other users of the Site to use your Contributions in any manner contemplated

by the Site and these Terms of Use.

You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Site and these

Terms of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other

forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third

party.

Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

Your Contributions do not include any offensive comments that are connected

to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may

result in, among other things, termination or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions

accessible to the Site by linking your account from the Site to any of your social

networking accounts, you automatically grant, and you represent and warrant that

you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,

non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to

host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,

store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt

(in whole or in part), and distribute such Contributions (including, without limitation,

your image and voice) for any purpose, commercial, advertising, or otherwise, and to

prepare derivative works of, or incorporate into other works, such Contributions, and

grant and authorize sublicenses of the foregoing. The use and distribution may occur

in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter

developed, and includes our use of your name, company name, and franchise name,

as applicable, and any of the trademarks, service marks, trade names, logos, and

personal and commercial images you provide. You waive all moral rights in your

Contributions, and you warrant that moral rights have not otherwise been asserted in

your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree to

exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise

change any Contributions; (2) to re-categorize any Contributions to place them in

more appropriate locations on the Site; and (3) to pre-screen or delete any

Contributions at any time and for any reason, without notice. We have no obligation

to monitor your Contributions.

8. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts

you have with third-party service providers (each such account, a “Third-Party

Account”) by either: (1) providing your Third-Party Account login information through

the Site; or (2) allowing us to access your Third-Party Account, as is permitted under

the applicable terms and conditions that govern your use of each Third-Party

Account. You represent and warrant that you are entitled to disclose your Third-Party

Account login information to us and/or grant us access to your Third-Party Account,

without breach by you of any of the terms and conditions that govern your use of the

applicable Third-Party Account, and without obligating us to pay any fees or making

us subject to any usage limitations imposed by the third-party service provider of the

Third-Party Account. By granting us access to any Third-Party Accounts, you

understand that (1) we may access, make available, and store (if applicable) any

content that you have provided to and stored in your Third-Party Account (the “Social

Network Content”) so that it is available on and through the Site via your account,

including without limitation any friend lists and (2) we may submit to and receive from

your Third-Party Account additional information to the extent you are notified when

you link your account with the Third-Party Account. Depending on the Third-Party

Accounts you choose and subject to the privacy settings that you have set in such

Third-Party Accounts, personally identifiable information that you post to your Third-

Party Accounts may be available on and through your account on the Site. Please

note that if a Third-Party Account or associated service becomes unavailable or our

access to such Third Party Account is terminated by the third-party service provider,

then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site

and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR

RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED

WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR

AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no

effort to review any Social Network Content for any purpose, including but not limited

to, for accuracy, legality, or non-infringement, and we are not responsible for any

Social Network Content. You acknowledge and agree that we may access your email

address book associated with a Third-Party Account and your contacts list stored on

your mobile device or tablet computer solely for purposes of identifying and informing

you of those contacts who have also registered to use the Site. You can deactivate

the connection between the Site and your Third-Party Account by contacting us using

the contact information below or through your account settings (if applicable). We will

attempt to delete any information stored on our servers that was obtained through

such Third-Party Account, except the username and profile picture that become

associated with your account.

9. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,

feedback, or other information regarding the Site ("Submissions") provided by you to

us are non-confidential and shall become our sole property. We shall own exclusive

rights, including all intellectual property rights, and shall be entitled to the unrestricted

use and dissemination of these Submissions for any lawful purpose, commercial or

otherwise, without acknowledgment or compensation to you. You hereby waive all

moral rights to any such Submissions, and you hereby warrant that any such

Submissions are original with you or that you have the right to submit such

Submissions. You agree there shall be no recourse against us for any alleged or

actual infringement or misappropriation of any proprietary right in your Submissions.

10. THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-

Party Websites") as well as articles, photographs, text, graphics, pictures, designs,

music, sound, video, information, applications, software, and other content or items

belonging to or originating from third parties ("Third-Party Content"). Such Third-Party

Websites and Third-Party Content are not investigated, monitored, or checked for

accuracy, appropriateness, or completeness by us, and we are not responsible for

any Third-Party Websites accessed through the Site or any Third-Party Content

posted on, available through, or installed from the Site, including the content,

accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or

contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking

to, or permitting the use or installation of any Third-Party Websites or any Third-Party

Content does not imply approval or endorsement thereof by us. If you decide to leave

the Site and access the Third-Party Websites or to use or install any Third-Party

Content, you do so at your own risk, and you should be aware these Terms of Use no

longer govern. You should review the applicable terms and policies, including privacy

and data gathering practices, of any website to which you navigate from the Site or

relating to any applications you use or install from the Site. Any purchases you make

through Third-Party Websites will be through other websites and from other

companies, and we take no responsibility whatsoever in relation to such purchases

which are exclusively between you and the applicable third party. You agree and

acknowledge that we do not endorse the products or services offered on Third-Party

Websites and you shall hold us harmless from any harm caused by your purchase of

such products or services. Additionally, you shall hold us harmless from any losses

sustained by you or harm caused to you relating to or resulting in any way from any

Third-Party Content or any contact with Third-Party Websites.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our sole

discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the Site or

otherwise disable all files and content that are excessive in size or are in any way

burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of

the Site.

12. PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by

our Privacy Policy posted on the Site, which is incorporated into these Terms of Use.

Please be advised the Site is hosted in the United States. If you access the Site from

any other region of the world with laws or other requirements governing personal

data collection, use, or disclosure that differ from applicable laws in the United

States, then through your continued use of the Site, you are transferring your data to

the United States, and you agree to have your data transferred to and processed in

the United States.

13. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material

available on or through the Site infringes upon any copyright you own or control,

please immediately notify us using the contact information provided below (a

“Notification”). A copy of your Notification will be sent to the person who posted or

stored the material addressed in the Notification. Please be advised that pursuant to

applicable law you may be held liable for damages if you make material

misrepresentations in a Notification. Thus, if you are not sure that material located on

or linked to by the Site infringes your copyright, you should consider first contacting

an attorney.

14. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING

BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR

FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS

OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE

YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT

AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,

WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Site. We also reserve the right to modify

or discontinue all or part of the Site without notice at any time. We will not be liable to

you or any third party for any modification, price change, suspension, or

discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Site, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Site at any time or for

any reason without notice to you. You agree that we have no liability whatsoever for

any loss, damage, or inconvenience caused by your inability to access or use the

Site during any downtime or discontinuance of the Site. Nothing in these Terms of

Use will be construed to obligate us to maintain and support the Site or to supply any

corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in

accordance with the laws of the State of California applicable to agreements made

and to be entirely performed within the State of California, without regard to its

conflict of law principles.

17. DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the

Dispute (except those Disputes expressly excluded below) will be finally and

exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT

THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE

A JURY TRIAL. The arbitration shall be commenced and conducted under the

Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,

where appropriate, the AAA’s Supplementary Procedures for Consumer Related

Disputes ("AAA Consumer Rules"), both of which are available at the AAA

website: www.adr.org. Your arbitration fees and your share of arbitrator compensation

shall be governed by the AAA Consumer Rules and, where appropriate, limited by

the AAA Consumer Rules. If such costs are determined by the arbitrator to be

excessive, we will pay all arbitration fees and expenses. The arbitration may be

conducted in person, through the submission of documents, by phone, or online. The

arbitrator will make a decision in writing, but need not provide a statement of reasons

unless requested by either Party. The arbitrator must follow applicable law, and any

award may be challenged if the arbitrator fails to do so. Except where otherwise

required by the applicable AAA rules or applicable law, the arbitration will take place

in Los Angeles, California. Except as otherwise provided herein, the Parties may

litigate in court to compel arbitration, stay proceedings pending arbitration, or to

confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall

be commenced or prosecuted in the state and federal courts located in Los Angeles,

California, and the Parties hereby consent to, and waive all defenses of lack of

personal jurisdiction, and forum non conveniens with respect to venue and

jurisdiction in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the Uniform

Computer Information Transaction Act (UCITA) are excluded from these Terms of

Use.

In no event shall any Dispute brought by either Party related in any way to the Site be

commenced more than one (1) years after the cause of action arose. If this provision

is found to be illegal or unenforceable, then neither Party will elect to arbitrate any

Dispute falling within that portion of this provision found to be illegal or unenforceable

and such Dispute shall be decided by a court of competent jurisdiction within the

courts listed for jurisdiction above, and the Parties agree to submit to the personal

jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions

concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or

concerning the validity of, any of the intellectual property rights of a Party; (b) any

Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or

unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be

illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling

within that portion of this provision found to be illegal or unenforceable and such

Dispute shall be decided by a court of competent jurisdiction within the courts listed

for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of

that court.

18. CORRECTIONS

There may be information on the Site that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Site at any time, without

prior notice.

19. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE

THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND

YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE

SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE

AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR

ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION

STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN

HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT

WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY

PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,

AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,

YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE

APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE

AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD

PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND

INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED

WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF

THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR

LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL

RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any

breach of your representations and warranties set forth in these Terms of Use; (5)

your violation of the rights of a third party, including but not limited to intellectual

property rights; or (6) any overt harmful act toward any other user of the Site with

whom you connected via the Site. Notwithstanding the foregoing, we reserve the

right, at your expense, to assume the exclusive defense and control of any matter for

which you are required to indemnify us, and you agree to cooperate, at your

expense, with our defense of such claims. We will use reasonable efforts to notify

you of any such claim, action, or proceeding which is subject to this indemnification

upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Site, as well as data relating to your use of the Site.

Although we perform regular routine backups of data, you are solely responsible for

all data that you transmit or that relates to any activity you have undertaken using the

Site. You agree that we shall have no liability to you for any loss or corruption of any

such data, and you hereby waive any right of action against us arising from any such

loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree

that all agreements, notices, disclosures, and other communications we provide to

you electronically, via email and on the Site, satisfy any legal requirement that such

communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO

ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in

respect to the Site constitute the entire agreement and understanding between you

and us. Our failure to exercise or enforce any right or provision of these Terms of Use

shall not operate as a waiver of such right or provision. These Terms of Use operate

to the fullest extent permissible by law. We may assign any or all of our rights and

obligations to others at any time. We shall not be responsible or liable for any loss,

damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be

unlawful, void, or unenforceable, that provision or part of the provision is deemed

severable from these Terms of Use and does not affect the validity and enforceability

of any remaining provisions. There is no joint venture, partnership, employment or

agency relationship created between you and us as a result of these Terms of Use or

use of the Site. You agree that these Terms of Use will not be construed against us

by virtue of having drafted them. You hereby waive any and all defenses you may

have based on the electronic form of these Terms of Use and the lack of signing by

the parties hereto to execute these Terms of Use.

  1. INFORMATION WE COLLECT

We collect several types of information from and about users of our Service, including:

a) Personal Information: This includes information that can be used to identify you, such as your name, email address, and any other information you provide to us.

b) Usage Data: We collect information about how you interact with our Service, including your login data, features you use, and other diagnostic data.

c) Device Information: We may collect information about the device you use to access our Service, including the hardware model, operating system, unique device identifiers, and mobile network information.

  1. HOW WE COLLECT INFORMATION

We collect information in the following ways:

a) Information you provide to us directly when you use our Service. b) Automated technologies or interactions, including through the use of cookies and similar technologies. c) Third parties or publicly available sources, where permitted by law.

  1. HOW WE USE YOUR INFORMATION

We use the information we collect about you for various purposes, including:

a) To provide and maintain our Service. b) To notify you about changes to our Service. c) To allow you to participate in interactive features of our Service when you choose to do so. d) To provide customer support. e) To gather analysis or valuable information so that we can improve our Service. f) To monitor the usage of our Service. g) To detect, prevent and address technical issues. h) To fulfill any other purpose for which you provide it or for which we have your consent.

  1. DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users and information that does not identify any individual without restriction. We may disclose personal information that we collect or you provide:

a) To our subsidiaries and affiliates. b) To contractors, service providers, and other third parties we use to support our business. c) To fulfill the purpose for which you provide it. d) For any other purpose disclosed by us when you provide the information. e) With your consent. f) To comply with any court order, law, or legal process, including responding to any government or regulatory request. g) To enforce or apply our terms of use and other agreements. h) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kino AI, our customers, or others.

  1. DATA RETENTION

We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

  1. DATA SECURITY

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please note that no method of transmission over the Internet or method of electronic storage is 100% secure.

  1. YOUR DATA PROTECTION RIGHTS

Depending on your location, you may have certain rights regarding your personal information, such as:

a) The right to access, update or delete the information we have on you. b) The right of rectification. c) The right to object. d) The right of restriction. e) The right to data portability. f) The right to withdraw consent.

  1. CHILDREN'S PRIVACY

Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with personal data, please contact us.

  1. CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date at the top of this Privacy Policy.

  1. THIRD-PARTY SERVICES

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

  1. GOOGLE API SERVICES

Our Service uses Google API Services. By using our Service, you acknowledge and agree to Google's Privacy Policy (https://www.google.com/policies/privacy/).

We access, use, store, and share Google user data in compliance with Google API Services User Data Policy (https://developers.google.com/terms/api-services-user-data-policy). Specifically:

a) We only request access to the Google user data that is necessary for the purposes of our Service. b) We do not sell Google user data or use it for advertising purposes. c) We provide clear and accurate information about the types of Google user data we access and how we use it. d) We use Google user data only for the purposes described in this Privacy Policy and our terms of service. e) We do not allow humans to read Google user data unless:

  • We have your explicit consent to view specific messages, files, or other data;

  • It is necessary for security purposes (such as investigating abuse);

  • It is required to comply with applicable law; or

  • Our use is limited to internal operations and the data (including derivations) is aggregated and anonymized.

38. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information

regarding use of the Site, please contact us at:

Kino AI, Corp.

229 Commonwealth Avenue

Boston, MA 02116

United States

Phone: 6127012088

luke@trykino.com