Last Updated On: 20 July 2023

These Terms and Conditions ("Terms") govern your access to and use of the Kamoto.AI SaaS platform ("Platform") provided by Kamoto Labs Inc ("Kamoto.AI"); you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, then please do not use Kamoto.AI's platform or any of it’s affiliated services.

01. Acceptance of Terms

1. Your use of Kamoto.AI's services constitutes your acceptance of this Agreement as it may be amended from time to time. Kamoto.AI reserves the right to modify or replace this Agreement at any time and in Kamoto.AI's sole discretion. Kamoto.AI will indicate at the top of this Agreement the date such document was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). Your continued use of Kamoto.AI's services following the posting of any changes to this Agreement will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using Kamoto.AI's services. In addition, Kamoto.AI may provide other methods by which you may accept this Agreement or changes to this Agreement.
2. This Agreement applies to all visitors, users, and others who access and use Kamoto.AI's services. By accessing or using Kamoto.AI's services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use Kamoto.AI's services.
3. For those who access or use Kamoto.AI's services on behalf of a company or other entity, you represent and warrant that you have authority to bind such company or entity to this Agreement. In such cases, "you" and "your" will refer and apply to that company or other legal entity.

02. License and Use of the Platform

1. License Grant: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.
2. User Eligibility: You must be at least 18 years old or have the legal capacity to enter into a binding contract in your jurisdiction to use the Platform. If you are accessing or using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. User Responsibilities: You are responsible for maintaining the security and confidentiality of your account credentials. You agree to use the Platform in compliance with applicable laws, regulations, and these Terms. You shall not engage in any activity that may copy, replicate, download, harm, exploit, or misuse the Platform or its users.

03. Account Registration

1. Account Creation: To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
2. Account Security: You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify the Company immediately of any unauthorized access or use of your account.

04. Platform Usage and Restrictions

1. Proper Use: You agree to use the Platform only for its intended purpose and in compliance with these Terms. You shall not engage in any activity that could interfere with or disrupt the operation of the Platform or infringe upon the rights of others.
2. Prohibited Conduct: Per our commitment to provide a safe, respectful, and positive environment for all users of the Kamoto.AI platform, the following uses of our services are expressly prohibited:
   1. Impersonation: Users may not create, share, or otherwise distribute AI personas that misrepresent the identity of any individual, including celebrities and public figures, without their explicit consent. Impersonation, identity theft, or fraudulent activities utilizing AI personas are strictly forbidden.
   2. Religious and Political Figures: Out of respect for religious and political beliefs, the creation or use of AI personas that represent religious figures (such as Jesus Christ, Guru Nanak Dev, Guru Gobind Singh, Any Sikh Guru, Mahavir Jain, Gautam Buddha, Allah, Mohammad, Shiva, Parvati, Brahma, Saraswati, Vishnu, Laxmi, Ram, Seeta, Krishna, Radha, or any other God of any religion) or political figures is strictly prohibited without explicit approval.
   3. Offensive Content: The generation or dissemination of any content that may be considered hateful, violent, offensive, discriminatory, or harmful is expressly prohibited. This includes but is not limited to, content that is racist, sexist, homophobic, or incites violence or harm towards individuals or groups.
   4. Privacy Violations: Users must respect the privacy of others. The creation of AI personas using private, confidential, or proprietary information obtained without explicit consent is prohibited. This extends to the use of confidential conversations, personal data, and proprietary information for the training of AI personas.
   5. Illegal Activities: Using Kamoto.AI’s services for any illegal purposes, including but not limited to hacking, spreading malware, committing fraud, or any other criminal activities, is strictly prohibited.
   6. Adult Content: Kamoto.AI does not permit the creation, sharing, or distribution of explicit, adult, or pornographic content through its AI personas.
   7. Misinformation: The creation or dissemination of harmful misinformation or fake news using AI personas is strictly prohibited. This includes, for example, the creation of AI personas of health professionals that provide inaccurate or misleading medical advice.
   8. Unethical Advertising or Manipulation: Kamoto.AI prohibits the use of AI personas for any form of unethical advertising tactics or manipulative practices, such as misleading users or influencing them into making purchases or decisions not in their best interest.
3. Violations of these provisions may result in immediate suspension or termination of the user's access to Kamoto.AI's services at Kamoto.AI's sole discretion. Kamoto.AI reserves the right to take appropriate legal action against users who violate these terms. Please note that these are the minimum standards to which all users must adhere. Kamoto.AI encourages all users to act responsibly and to respect and promote the rights and dignity of others when using our platform.

05. Refund Policy

1. Kamoto.AI services or products are available for purchase through online or offline channels. Except as described in the “Terms of Usage”, Product payment made for any digital product/service is not refundable in any possible scenario, and Kamoto.AI will not prorate any Fees paid for a subscription that is terminated before the end of its term.
2. Free Trial & Demo: We may provide a free trial to let you fully evaluate our services, products, etc. before you make a purchase decision. Please request a demo of Kamoto.AI Services and products to ensure the services meet your needs before purchasing them. Our key offerings are visible & functional in the FREE TRIAL.
3. If you have been charged by mistake or there has been an error in billing, please submit a support request detailing the issue. A support representative will review your case and assist you with your refund request. If you do not hear back from us within 48 working hours, please check your email’s spam folder—many email providers block unrecognized email addresses.

06. Intellectual Property Rights and User-Generated Content

1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and arrangement of such Content, contained on Kamoto.AI is owned, controlled, or licensed by or to Kamoto.AI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
2. Except as expressly provided in these Terms of Service, no part of Kamoto.AI and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Kamoto.AI's express prior written consent.
3. You acknowledge that all intellectual property rights in Kamoto.AI, its services, and the underlying technology, are owned by Kamoto.AI or Kamoto.AI's licensors, and that you have no rights in, or to, such intellectual property other than the right to use in accordance with these Terms.
4. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Kamoto.AI's services, in any manner, and you shall not exploit the Kamoto.AI brand in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
5. The software and technology underlying Kamoto.AI's services are the property of Kamoto.AI, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software.
6. For any content that you upload, post, or otherwise make available ("User-Generated Content"), you grant Kamoto.AI a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User-Generated Content in connection with the provision of the services provided by Kamoto.AI and across different media. You also agree that all the Chats done by the AI personality's user on Kamoto.AI web or mobile application's interface or through API keys are considered as User Generated Content (UGC). Kamoto.AI can freely use it in any manner they may deem it fit, including the training of the AI Language model. The AI personality owner or the user will have no claim to it ever.
7. You retain all of your ownership rights in your User-Generated Content. However, by providing User-Generated Content to Kamoto.AI, you agree to allow others to view and share your User-Generated Content. Kamoto.AI has the right but not the obligation to monitor and edit or remove any User-Generated Content.
8. Any rights not expressly granted herein are reserved by Kamoto.AI

07. Data Privacy and Security

1. At Kamoto Labs Inc, we understand the importance of your privacy and are committed to maintaining the confidentiality, integrity, and security of your personal information.
2. Collection of Information: When you use Kamoto.AI, we collect information that you voluntarily provide to us as well as data related to your use of the platform. This may include your contact details, demographic information, AI usage information, user-generated content, and any other information you provide to us. All the Chats done by the AI personality's user on Kamoto.AI web or mobile application interface or through API keys are considered as User Generated Content (UGC). Kamoto.AI can freely use it in any manner they may deem it fit, including the training of the AI Language model. The AI personality owner or the user will have no claim to it ever.
3. Use of Information: The information collected is used to personalize your experience, improve the platform, facilitate customer service, and as otherwise stated in this agreement. We do not sell your personal information to third parties.
4. Protection of Information: We implement reasonable security measures designed to protect your information from unauthorized access, use, alteration, or destruction. Despite these measures, we cannot guarantee absolute security of your information and disclaim all liability for any unauthorized access to or use of your personal information.
5. Third-Party Services: Kamoto.AI may contain links to third-party websites or services. We do not control these third parties and are not responsible for their privacy practices. We encourage you to review the privacy policies of these third-party websites or services.
6. User Responsibility: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any other breach of security.
7. Changes to Privacy and Security: We reserve the right to modify our privacy and security practices and this Data Privacy and Security clause at any time, effective upon posting.
8. Your continued use of Kamoto.AI after any changes signifies your acceptance of our revised privacy and security practices.

08. Chat Credits

1. Users can add funds to their Chat Credit Interface within the Kamoto.AI platform. These funds can be utilized by users to engage in chats with premium AI personalities available on the AI Marketplace or via API keys. The deposited funds in the Chat Credit Interface are interest-free and are non-refundable. Users shall not be entitled to claim any interest on the deposited funds, regardless of whether the funds are utilized or not.
2. The Chat Credits deposited by users do not have an expiration date and will remain in the user's account linked to their email ID until they are utilized for chats.
3. In the event that a user decides to delete their account on Kamoto.AI without utilizing the Chat Credits deposited, the remaining chat credits will be forfeited and will not be eligible for a refund under any circumstances.
4. It is the user's responsibility to manage and utilize their deposited Chat Credits effectively. Kamoto.AI shall not be liable for any loss or inconvenience arising from the user's failure to use their Chat Credits within the Kamoto.AI platform.

09. No Liability

1. Kamoto.AI and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, whether arising out of contract, warranty, tort, strict liability, product liability or any other theory, relating to your use of, or inability to use, the Kamoto.AI platform or any AI persona or services associated with it.
   
   This includes, but is not limited to, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any and all other damages or losses. This is true even if Kamoto.AI has been advised of the possibility of such damages.
2. Without limiting the foregoing, Kamoto.AI is not responsible for any decisions or actions taken (or not taken) by users based on reliance upon the information or services provided through the platform. Kamoto.AI makes no guarantees to the reliability, accuracy, timeliness, usefulness, or completeness of any of the information or services provided through the platform.
3. Limitation of Reliance on AI Personalities: The User acknowledges that the AI personalities generated through the Kamoto.AI platform are designed to simulate human-like interactions for entertainment and interactive purposes. They should not be relied upon for accuracy or completeness. Any reliance upon or use of information provided by the AI personalities is at the sole discretion and risk of the User. Kamoto.AI expressly disclaims any and all liability for any actions taken or refrained from being taken based on interactions with these AI personalities.
4. Exemption from Offensive Conduct Liability: The User understands and agrees that, despite ongoing refinement and tuning of AI behavior, the AI personalities may inadvertently cause offense. Kamoto.AI explicitly disclaims any liability for any offensive, inappropriate, or otherwise undesirable behavior or content exhibited by the AI personalities. User discretion is advised, and any such undesirable behavior encountered by the User should be reported to Kamoto.AI for correction and refinement.
5. Disavowal of Unforeseen AI Behavior: The User agrees that Kamoto.AI bears no responsibility or liability for any unanticipated or unintended behavior exhibited by the AI personalities, notwithstanding their structured training and refining process.
6. These exclusions and limitations of liability apply to the fullest extent permitted by law.
7. Your use of the Kamoto.AI platform constitutes your agreement to this no-liability clause and all terms and conditions of this agreement. If you do not agree to these terms and conditions, please do not use the platform.

10. Termination

1. User Termination: You may terminate this agreement at any time by discontinuing your use of Kamoto.AI and deleting your account. Upon termination, you must cease all use of Kamoto.AI and any content, services, or tools provided therein. Your obligations under this agreement, including, without limitation, any indemnifications, warranties, and limitations of liability, shall survive any termination.
2. Kamoto.AI Termination: Kamoto.AI reserves the right to suspend, restrict, or terminate your access to all or any part of Kamoto.AI at any time and for any reason without prior notice or liability. Kamoto Labs Inc may change, suspend, or discontinue all or any aspect of Kamoto.AI at any time without prior notice or liability.
3. Post-Termination: Upon termination of your account, your right to use Kamoto.AI and any content will immediately cease. All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE KAMOTO.AI SERVICE IS AT YOUR SOLE RISK AND THAT THE KAMOTO.AI SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAMOTO.AI AND ITS SUBSIDIARIES AND AFFILIATES (THE "KAMOTO.AI PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3. THE KAMOTO.AI PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT:
   1. YOUR USE OF THE KAMOTO.AI SERVICES WILL MEET YOUR REQUIREMENTS,
   2. YOUR USE OF THE KAMOTO.AI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR,
   3. ANY INFORMATION YOU MAY OBTAIN FROM THE KAMOTO.AI SERVICES WILL BE ACCURATE OR RELIABLE, AND
   4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SOFTWARE USED TO PROVIDE THE KAMOTO.AI SERVICES WILL BE CORRECTED.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAMOTO.AI, OR THROUGH OR FROM THE KAMOTO.AI SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
5. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE KAMOTO.AI SERVICE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE KAMOTO.AI SERVICE.
6. KAMOTO.AI FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Beta Version

1. Please note that Kamoto.AI is currently in its Beta version. The Beta version represents a preliminary release of the platform and is provided "as is." We are continuously improving and modifying the platform based on feedback, user experience, and our own internal evaluations.
2. Kamoto.AI makes no warranties or representations, express or implied, concerning the Beta version of the platform, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or operational continuity. The platform is provided on an "as is" and "as available" basis without any further commitments from Kamoto.AI.
3. The nature of the Beta version means that the platform may contain bugs, errors, and other issues. Your use of the platform signifies your understanding and acceptance of this condition. Users are encouraged to provide feedback to help us enhance the platform.
4. By using the Beta version of Kamoto.AI, you agree that Kamoto.AI is not liable for any damages, including, but not limited to, direct, indirect, special, incidental, consequential, or punitive damages, arising from your use of the Beta version of the platform. Your use of Kamoto.AI in its Beta version constitutes your agreement to this clause and all the terms and conditions of this agreement.

13. Governing Law and Jurisdiction

1. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the state of Delaware, United States of America.
2. You agree that the courts of Delaware, United States of America, will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).
3. Despite this, you agree that Kamoto.AI shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
   
   Registered Address:
   Kamoto.AI
   Kamoto Labs Inc
   651 N Broad St, Suite 206,
   Middletown, Delaware, 19709
   United States of America.

14. Severability

1. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Should a court of competent jurisdiction find that any provision of this agreement is invalid or unenforceable, the parties agree that the remaining provisions will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. This severability clause ensures that these Terms of Use remain in effect even if one or more provisions are not enforceable.

15. Entire Agreement

1. These Terms of Use and any documents expressly referred to in them represent the entire agreement between Kamoto.AI and the user, superseding any prior agreement, understanding, or arrangement between us, whether oral or in writing. This agreement applies to the exclusion of any other terms that the user seeks to impose or incorporate or which are implied by trade, custom, practice, or course of dealing.
2. The user acknowledges that they have not relied on any statement, promise or representation made or given by or on behalf of Kamoto.AI which is not set out in these Terms of Use or any document expressly referred to in them.
3. By using Kamoto.AI's services, you accept these terms in full. If you disagree with these terms or any part of them, you must not use our services.

Please review these Terms carefully. Your continued use of the Platform signifies your acceptance of these Terms. If you have any questions or concerns, please contact us at [email protected]