Sunny Leone Profile image

Sunny Leone

Talk to her on phone & chance to meet Sunny in Mumbai! only on Kamoto.AI

Talk NowChat-icon

TERMS OF USE

Risk Disclaimer
Privacy Policy
Responsible AI
Fair Usage Policy
Last Updated On: 08 Jan 2024

These Terms and Conditions ("Terms") govern your access to and use of the Kamoto.AI SaaS platform ("Platform") provided by Kamoto Labs ("Kamoto.AI"/ "we"/ "us"/ "our"). Our Platform, together with any content, tools, features and functionality offered on or through them, including any affiliated services shall be referred to as the "Services".

You acknowledge that you have read, understood and agree to be legally bound by these Terms and our Platform policies including our Privacy Policy, Usage Terms, etc., which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these Terms and/or any terms of this Agreement, then please do not use Kamoto.AI's Platform or any of our Services.

01. Acceptance of Terms

  1. Your use of Kamoto.AI's Platform and Services constitutes your acceptance of this Agreement as it may be amended from time to time.
  2. 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).
  3. 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 immediately. In addition, Kamoto.AI may provide other methods by which you may accept this Agreement or changes to this Agreement.
  4. This Agreement applies to all visitors, users, and others who access and use Kamoto.AI's Services. By accessing or using Kamoto.AI's Platform and Services, you agree to be bound by these Terms. If you do not agree to these Terms, you shall not access or use Kamoto.AI's Platform or Services in any manner whatsoever.
  5. For those who access or use Kamoto.AI's Platform and 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, Kamoto.AI 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 (eighteen) 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 at all times.
  2. Account Security: You are solely responsible for safeguarding your account credentials and for any activity that occurs under your account. Kamoto.AI shall bear no responsibility and shall in no manner be liable or accountable for any misuse, exploitation, unauthorised access or use of your account. You agree to notify Kamoto.AI immediately of any unauthorized access or use of your account. Kamoto.AI will not be liable for any loss or damage arising from your failure to comply with this paragraph.
  3. General Practices Regarding Use and Storage: You acknowledge that Kamoto.AI may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Kamoto.AI’s servers on your behalf. You agree that Kamoto.AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Kamoto.AI reserves the right to terminate accounts that are inactive for an extended period of time, exceeding 12 months You further acknowledge that Kamoto.AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
  4. Email Notifications: You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our Services, or other updates or marketing relating to our Platform.

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 and the Agreement. 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. User Responsibility: You are solely responsible for all Content you submit to the Services. (which means anything you seek to post, transmit, or share, including but not limited to, text, images, sounds, video, graphics, information, or any other data in any form.) Your use of the Services may be subject to license and use restrictions as decided upon the sole discretion of Kamoto.AI from time to time.

  3. Prohibited Conduct by Users As 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. Representing Religious and Political Figures: Out of respect for religious and political beliefs, the creation or use of AI personas that represent religious figures (including but not limited to 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, including any content that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation.
  4. In addition to the above, you expressly agree and acknowledge that you shall not upload, disseminate, generate, use or otherwise make available on Kamoto.AI's Platform any content that:
    1. infringes any intellectual property or other proprietary rights of any party;
    2. you do not have a right to submit;
    3. contains software viruses, malware, bugs, or any computer code, files or programs de-signed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    4. is threatening, abusive, harassing, tortious, bullying, or excessively violent;
    5. is defamatory, libelous, or verifiably false with the purpose of harming others;
    6. constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental AI characteristics;
    7. constitutes sexual harassment;
    8. constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
    9. glorifies self-harm, including self-injury, suicide, or eating disorders;
    10. promotes terrorism or violent extremism and/or furthers or promotes criminal activity;
    11. seeks to buy or sell illegal drugs;
    12. facilitates fully automated decision making that adversely impacts a person’s legal rights or creates a binding, enforceable obligation;
    13. seeks to provide medical, legal, financial or tax advice;
    14. interferes with or disrupts the Services or servers or networks connected to the Services,
    15. interferes with or appropriates any person’s right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
    16. in the sole judgment of Kamoto.AI, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose Kamoto.AI or its users to any harm or liability.
  5. You likewise agree not to do any of the following in connection with your use of the Services and the Kamoto.AI Platform:
    1. disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    2. violate any applicable laws or regulations in the jurisdiction in which you operate, use and access the Platform and avail the Servies provided by Kamoto.AI;
    3. solicit personal information from anyone under the age of 18 years;
    4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    5. obtain or attempt to obtain any information through any means not intentionally made available or provided for or through the Services;
    6. lease, lend, sell or sublicense any part of the Services;
    7. try to evade any technological measure designed to protect the Services or any technology associated with the Services; or
    8. reverse engineer, disassemble, decompile, decode, adapt, or otherwise at-tempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).
  6. To the extent Kamoto.AI chooses to support voice or audio features, you agree not to do any of the following in connection with your use of the Services:
    1. submit voice recordings of third parties (including but not limited to celebrities) without their explicit prior written consent;
    2. use any Kamoto.AI voice feature to engage in “deepfakes” or impersonation of any kind, including but not limited to those that create political misinformation, perpetrate frauds or scams, impugn the reputation of third parties, or otherwise amount to harmful conduct.
  7. We may access, review, screen, edit, modify and delete your content at any time and for any reason, including to provide and develop the Services or if we think the content violates these Terms or any applicable laws.
  8. Violations of any of the above provisions may result in immediate suspension or termination of the user's access to Kamoto.AI's Services and Platform 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 Terms 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's Services and products are available for purchase through online or offline channels. Except as described in the “Terms of Usage”, product payments made for any digital product/Service is not refundable under any circumstances whatsoever, 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's 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.
  4. Chat Credits Purchased through our Web App, iOS App & Android App, Chat Bot Apps like Telegram, Discord, Slack, MS Team, WhatsApp etc.) are not refundable under any circumstances whatsoever. You can only use them to interact with other Premium AI personalities/characters/personas/replicas/clones etc or use them to Subscribe to APIs.
  5. Elite Membership Subscription Payment made through our Web App, iOS App & Android App, Chat Bot Apps like Telegram, Discord, Slack, MS Team, WhatsApp etc.) are not refundable under any circumstances whatsoever.

06. Additional Services or benefits offered by the AI Owner

In case the AI Owner chooses to offer any services or benefits to Users in addition to the Services, including but not limited to services/ benefits such as in-person meetings and live chats with the AI Owner ("Additional Services"), Kamoto.AI shall not be responsible in any manner for such Additional Services. Any/all liability arising out of, in relation to or in connection with such Additional Services shall vest solely with the AI Personality or AI Character Owner.

07. Intellectual Property Rights and User-Generated Content:

  1. You represent and warrant that for any Content submitted to the Platform, you own all right, title and interest in and to that content (including without limitation, all intellectual property rights, copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
  2. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" (collectively, "Content"), and arrangement of such Content on Kamoto.AI's Platform is owned, controlled and licensed by Kamoto.AI and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and competition laws.
  3. Except as expressly provided in these Terms, 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.
  4. You acknowledge that all intellectual property rights in Kamoto.AI, its Services, and the underlying technology, are all 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.
  5. 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.
  6. 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.
  7. 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, perpetual, irrevocable license to copy, upload, use, distribute, transmit, reproduce, distribute, prepare derivative works of, display, and perform, make available, store, modify, exploit, commercialize and otherwise use the User-Generated Content for any Kamoto.AI-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services, facilitating other users’ ability to interact with the AI personalities and elicit any text, images, audio, or video the AI personalities generates, and promoting the Services on- or off-Platform. You agree that these rights and licenses include a right for Kamoto.AI to make the User-Generated Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose such User-Generated Content to third parties if we determine such access is or may be necessary or appropriate. You represent and warrant that you have the right to grant this license.
  8. 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.
  9. You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and applicable laws. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited.
  10. The Kamoto.AI name and logos are trademarks of Kamoto.AI (collectively the “Kamoto.AI Trademarks”). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Kamoto.AI. Nothing in these Terms or the Services should be construed as granting any license or right to use any of Kamoto.AI Trademarks without our prior written permission in each instance. All goodwill generated from the use of Kamoto.AI Trademarks will inure to our exclusive benefit.
  11. Any rights not expressly granted herein are reserved by Kamoto.AI

08. 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.
  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. 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.
  6. 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.
  7. Your continued use of Kamoto.AI after any changes signifies your acceptance of our revised privacy and security practices.
  8. You acknowledge and agree that we may preserve content and metadata in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Kamoto.AI, its users and the public.

09. Third-Party Materials

  1. Kamoto.AI Platform or Services may contain links to third-party websites or services or other access to other sites and resources on the internet or to third-party applications. 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. You agree and acknowledge that Kamoto.AI will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party and you agree that Kamoto.AI is not liable for any loss or claim that you may have against any such third party.
  2. Under no circumstances will Kamoto.AI be liable for any content or materials of any third parties, including AI personalities created by third parties and any resulting User-Generated Content. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content.
  3. You acknowledge that we do not pre-screen content and that AI-generated chats, by their nature, are unpredictable and may produce content that is inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any third-party content or generated content. You should not rely on the accuracy or completeness of statements made in the content or generated content, and if you do so, you acknowledge that it is at your own risk.

10. 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, including but not limited to damages for loss of goodwill, use, data or other intangible losses (even if Kamoto.AI has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:
    1. your use of, or inability to use, the Kamoto.AI Platform or any AI persona or Services associated with it;
    2. the use or the inability to use the Services;
    3. your access, use, creation of, or interaction with any Content, Character or Generations;
    4. your sharing with any third party of any Content, Character or Generations;
    5. unauthorized access to or alteration of your transmissions or data;
    6. statements or conduct of any third party (including users) on the Services; or
    7. any other matter relating to the Services. In no event will Kamoto.AI’s total liability to you for all damages, losses or causes of action. 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.

11. Indemnity

  1. You agree to indemnify and hold Kamoto.AI and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Kamoto.AI's Services, violation of the Terms or Kamoto.AI's Privacy Notice and/or the Agreement, violation of applicable lawa, your submission, posting, or transmission of User content to the Kamoto.AI Services, and/or your violation of any rights of another individual or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you agree to cooperate with us in asserting any available defenses.
  2. Your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.

12. 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 including, without limitation, for lack of use or if Kamoto.AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Kamoto Labs Inc may change, suspend, or discontinue all or any aspect of Kamoto.AI at any time without prior notice or liability.
  3. Kamoto.AI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Kamoto.AI may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate Kamoto.AI’s rights to your content. Further, you agree that Kamoto.AI will not be liable to you or any third party for any termination of your access to the Services.
  4. 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.

13. 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 ON AN "AS IS" AND "AS AVAILABLE" BASIS.
  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.

14. 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" basis. 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.

15. Updates to the Services:

Kamoto.AI may make necessary changes, updates or enhancements to the Kamoto.AI Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Kamoto.AI Services altogether, at its sole discretion.

16. Governing Law and Jurisdiction

  1. These Terms 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 or their subject matter or formation (including non-contractual disputes or claims).
  3. notwithstanding anything contained herein, 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.

17. Arbitration

  1. For any dispute with Kamoto.AI, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the event that Kamoto.AI is not able to resolve a dispute it has with you within sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration, in accordance with the (Indian) Arbitration and Conciliation Act, 1996 at Delhi, India.
  2. You agree that any and all disputes or Claims that have arisen or may arise between you and Kamoto.AI, whether arising out of or relating to these Terms (including any alleged breach thereof), the Platform or Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, by a sole arbitrator appointed by Kamoto.AI, in accordance with the terms of this section 16.
  3. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section 16 shall be deemed to prevent Kamoto.AI from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
  4. You agree that, by entering into these Terms, you and Kamoto.AI are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

Registered Address:
Kamoto.AI
Kamoto Labs Inc
651 N Broad St, Suite 206,
Middletown, Delaware, 19709
United States of America.

18. Severability

  1. If any provision of these Terms is determined to be unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from these Terms 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 remain in effect even if one or more provisions are not enforceable..

19. Entire Agreement

  1. These Terms, the Agreement 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.

20. No Waiver

Any failure of Kamoto.AI to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

21. Expiration of Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within 3 (three) days after such claim or cause of action arose or be forever barred.

22. Assignment

You may not assign these Terms without the prior written consent of Kamoto.AI, but Kamoto.AI may assign or transfer these Terms, in whole or in part, without restriction.

23. Notice

Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the 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]