Terms & Condition

Kai - Terms of Use – Key Points

The following key points of the Terms of Use are only brought for your convenience. These key points do not substitute the full Terms.

  • THE SERVICE IS AN ARTIFICIAL INTELLIGENCE-POWERED COACH DESIGNED TO ASSIST YOU IN REACHING YOUR PERSONAL DEVELOPMENT AND WELLNESS GOALS. ALTOUGH THE SERVICE IS MONITORED BY HUMANS AND PERSONALIZED TO YOUR NEEDS BY QUALIFIED PROFESSIONALS, IT IS NOT, AND IS NOT INTENDED AS, A SUBSTITUTE FOR IN-PRESENCE, QUALIFIED PROFESSIONAL DIAGNOSIS, ADVICE, GUIDANCE OR TREATMENT. IN CASE OF A MEDICAL EMERGENCY, CALL YOUR EMERGENCY DISPATCH CENTER IMMEDIATELY OR YOUR LOCAL SUICIDE PREVENTION LIFELINE FOR CONFIDENTIAL SUPPORT FOR PEOPLE IN DISTRESS.


Introduction. “Kai” is an Artificial Intelligence (AI) powered coach designed to assist you to achieve your personal development and wellness goals. By accessing or using the Service in any way, you agree to be bound by these Terms.

Acceptable use. You may use the Service for your personal and non-commercial use. These Terms define the acceptable use of the Service and the actions you should avoid while using the Service.

Age restriction and eligibility. The Service is intended and permitted only for individuals 13 years of age or older. 

User Account. We will automatically create your User Account once you send us your first message on the Service. However, if you use the Service through a Messaging Platform, we may require that you fill out an intake questionnaire prior to activating your User Account. You are solely responsible and liable for all activities performed with or through your User Account.

Account termination. We may temporarily or permanently deny, limit, suspend, or terminate your User Account for any of the reasons stipulated herein. You may terminate your User Account at any time by sending us a message at support@kai.ai.

Privacy. We respect your privacy, as further explained in our Privacy Policy . 

Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. When you upload content to the Service you represent and warrant that you are the rightful owner of all rights to such
Content or lawfully licensed by all the rightful owners to upload such content to the Service. 

Application marketplace. If you use our Service through our App, your use of the Service is subject to the terms and conditions that govern the application marketplace from which you downloaded the App. The operator of the applications marketplace is a beneficiary of these Terms and may enforce them against you. 

Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free. 

Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Service. 

Limitation of liability. The Company, including anyone on its behalf, will not be liable to the maximum extent permitted by the applicable law, for any damage or loss, arising from, or in connection with the use of, or the inability to use the Service. 

Law & jurisdiction. Use of the Service is governed by the laws of the State of Delaware and subject to the exclusive jurisdiction of the competent courts in Delaware.

Kai - Terms of Use

INTRODUCTION

Welcome to Kai, an Artificial Intelligence (AI) powered coach designed to assist you to achieve your personal development and wellness goals (the “Service”). The Service is owned and operated by Kai.AI, Inc. a company incorporated under the laws of the State of Delaware (the “Company”, “we”, “us” and “our”). The Service is provided through our mobile application (the “App“) or through third-party instant messaging platforms such as WhatsApp (a “Messaging Platform“).

Please carefully read the following terms and conditions (the “Terms” or the “Terms of Use”). By accessing or using the Service in any way, or by registering as a user of the Service, you agree to be bound by these Terms and you signify that you have read and understood them. If you do not agree to the Terms, you may not use the Service in any way. 

These Terms apply to the use of the Service and any content available therein by any means (including smartphones, tablets, personal computers etc.). 

If you use the Service through a Messaging Platform, your use of the Service is further subject to the terms, conditions and policies (including any privacy policies) that govern the use of the Messaging Platform through which you use Kai. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms, conditions and policies. 

Use of the Service requires an online connection (Wi-Fi, cellular data, broadband) between your personal computer or mobile device and the Internet. You will not be able to access and use the Services without such a connection. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the Services may be dependent on your wireless service and the wireless coverage within the area in which you are located at that time.

ABOUT THE SERVICE IN A NUTSHELL

THE SERVICE IS AN ARTIFICIAL INTELLIGENCE-POWERED COACH DESIGNED TO ASSIST YOU IN REACHING YOUR PERSONAL DEVELOPMENT AND WELLNESS GOALS. ALTOUGH THE SERVICE IS MONITORED BY HUMANS AND PERSONALIZED TO YOUR NEEDS BY QUALIFIED PROFESSIONALS, IT IS NOT, AND IS NOT INTENDED AS, A SUBSTITUTE FOR IN-PRESENCE, QUALIFIED PROFESSIONAL DIAGNOSIS, ADVICE, GUIDANCE OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL THERAPIST, A QUALIFIED PHYSICIAN OR A QUALIFIED HEALTH CARE PROFESSIONAL FOR ANY MEDICAL, MENTAL, PSYCHOLOGICAL OR HEALTH RELATED ISSUES. IN ANY CASE OF A DIAGNOSED MEDICAL OR MENTAL CONDITION, PLEASE CONSULT YOUR PHYSICIAN.

IN CASE OF A MEDICAL EMERGENCY, CALL YOUR EMERGENCY DISPATCH CENTER IMMEDIATELY OR YOUR LOCAL SUICIDE PREVENTION LIFELINE FOR CONFIDENTIAL SUPPORT FOR PEOPLE IN DISTRESS.

Once you send us your first message on the Service, we will create your account (“User Account“). If you use the Service through a Messaging Platform, we may require that you fill out an intake questionnaire prior to activating your User Account. We may also request that you provide further information during registration, as indicated in our Privacy Policy. 

Following the creation of your User Account, Kai will start conversing with you via text messages through the App or your Messaging Platform of choice. Those messages may include questions, tips, suggestions and inspirational quotes. Kai will adapt the content and timing of delivery of the messages based on your preferences and answers and therefore use of the Service requires your active participation and engagement.

Your conversations with Kai are continuously monitored by qualified Company personnel, in order to assist Kai to better understand your needs and priorities, and adjust and personalize the Service to you. 

When you use the Service through the App, we may allow you to share your information with others who are not users the Service. If you choose to share your information with third parties through social networks or any other third-party platforms, then any activity or communications that you make with others through such platforms are made strictly between you and them. The Company is not a party to and does not assume any responsibility or liability with respect to such communications and sharing. Use of such third-party platforms is governed by their respective terms of service, not these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.

AGE RESTRICTION AND ELIGIBILITY

If you are under the age of 13, you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 13 years of age or older. 

We reserve the right to terminate a User Account if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

LICENSE

Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to use the Service in accordance with these Terms, for personal and noncommercial use only.

Use of the Service is free of charge; However, we reserve the right to change the Service to be fee-based or to offer in-app purchases, in which case we will inform you at least 30 days in advance.

USER ACCOUNT

Once you send us your first message on the Service, we will create your User Account. If you use the Service through a Messaging Platform, we may require that you fill out an intake questionnaire prior to activating your User Account. After we create your User Account, Kai will start conversing with you and asking you questions in order aimed at promoting your self-development and personal state of mind, as explained above. 

You are solely responsible and liable for all activities performed with or through your User Account.

When you provide us with your information, you must only submit true, accurate and complete details. Bear in mind that if you provide us with false, incorrect or outdated information, our ability to provide you with personalized Services might be impaired.

We will explicitly indicate the fields for mandatory completion during registration or in the intake questionnaire. If you do not enter the requisite data in these fields, you will not be able to register with the Service. We will only use your personal information in accordance with our Privacy Policy which is incorporated by reference to these Terms. 

BY SUBMITTING YOUR CONTACT INFORMATION, YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE MARKETING COMMUNICATIONS FROM THE COMPANY OR OTHERS ON ITS BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE MARKETING COMMUNICATIONS, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE MARKETING COMMUNICATION SENT TO YOU BY THE COMPANY OR OTHERS ON ITS BEHALF.

You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.

We reserve the right to request additional information to verify your identity throughout your use of the Service or when you submit requests related to your User Account on the Service. If you fail to provide us with the requested information, we reserve the right to suspend or terminate your User Account, pursuant to these Terms.

USER ACCOUNT SUSPENSION AND TERMINATION

In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if the Company determines, at its sole discretion that – 

  • You have abused your rights to use the Service; or,
  • You have breached the Terms; or,
  • You have performed any act or omission that violates any applicable law, rules, or regulations; or,
  • You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service; or,
  • You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
  • You have abandoned your account for more than six (6) months since your last use of the Service; or, 
  • You deliberately submitted false information or have failed to comply with our requests for information regarding your identity; or,
  • You have transferred your User Account to another person or entity; or,

Upon termination of these Terms or your User Account, for any reason – 

  • Your right to use the Service is terminated and you must immediately cease using the Service 
  • We reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and,
  • We will not be liable to you or any third party for termination of access to the Service or for deletion of your information or account data.

The following sections shall survive any termination, or expiration of the Terms: User Account Suspension and Termination, Privacy, Intellectual Property, Limitation of Liability, Indemnification, Application Marketplace, Governing Law & Jurisdiction, General.

ACCEPTABLE USE OF THE SERVICE

The following clauses define the acceptable use of the Service. Subject to the Terms, you may access and use the Service and the features provided through the Service, for your personal and non-commercial purposes only. 

You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from – 

  • Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service; 
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
  • Interfering with, burdening or disrupting the functionality of the Service; 
  • Breaching the security of the Service or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Using or launching any automated system, including robots, crawlers and similar applications to collect or compile content from the Service, or in such ways that may impair or disrupt the Service’s functionality;
  • Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design; 
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Service;
  • Distributing software viruses, spyware or any other malicious applications through the Service; 
  • Providing through the Service any content that may violate the law or infringe third parties’ rights; or
  • Accessing or using the Service in order to develop or create a similar or competitive product or service. 

YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION AND CONTENT THAT YOU SHARE, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE SERVICE, OR WHEN USING THE SERVICE, AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO. 

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

PRIVACY

We respect your privacy. Our Privacy Policy , which is incorporated to these Terms by reference, explains the privacy practices on the Service.

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Service (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company. 

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute or tarnish our goodwill. 

WE DO NOT CLAIM OWNERSHIP OVER CONTENT THAT YOU SHARE OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE. WHEN YOU SHARE CONTENT THROUGH THE SERVICE, YOU REPRESENT AND WARRANT TO US THAT – 

  • YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS TO UPLOAD, DISSEMINATE OR OTHERWISE MAKE AVAILABLE SUCH CONTENT ON THE SERVICE;
  • YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES IN AND CONSENT TO USE SUCH CONTENT, AS CONTEMPLATED BY THESE TERMS AND OUR PRIVACY POLICY ;
  • USING THE CONTENT, UPLOADING, DISSEMINATING OR OTHERWISE MAKING THE CONTENT AVAILABLE THROUGH THE SERVICE, DOES NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.

APPLICATION MARKETPLACE

Your use of the App is subject to additional third-party terms and conditions that govern the application marketplace from which you downloaded the App, such as Google Play Store or App Store (“Stores”). Apple and Google (“Stores Operators”) are not responsible for providing maintenance and support services with respect to the App.

You and the Company agree and acknowledge as follows:

  • These Terms are concluded between yourself and us, and not the Stores Operators. The Stores Operators are not responsible for the App. In the event of a conflict between these Terms and the Stores’ terms of service, the Stores’ terms of service shall prevail solely with respect to the conflicting provisions.
  • The license granted to you in the App is a limited, non-transferable license to use the App on any Stores Operators branded products that you own or control, as permitted by the Store Operators’ terms of service.
  • You acknowledge that the Stores Operators have no obligation to furnish any maintenance and support services with respect to the App.
  • To the maximum extent permitted by applicable law, the Stores Operators will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at the Stores Operators’ responsibility.
  • The Stores Operators are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.
  • In the event of any third party claims that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Stores Operators will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
  • You must comply with applicable third-party terms of agreement when using the App (e.g., you must not be in violation of your wireless data services agreement when you use the App).
  • The Stores Operators and their subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Stores Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties

CHANGES IN THE SERVICE AND DISCONTINUATION

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof. 

You grant us your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Service.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. 

Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.

SERVICE SUPPORT, AVAILABILITY AND QUALITY

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free. 

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. 

You acknowledge that the Service DOES NOT include any designated data back-up services, including with respect to any content or any other data that you upload, allow to be uploaded, use, or that we save on our servers. 

We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.

CHANGES TO THE TERMS

We may amend the Terms from time to time. In such cases, we will notify you of the amended Terms, through the Service or our Website. If you do not accept the amended Terms, we may terminate the Terms and your User Account and block your access to and use of the Service. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible on our website here.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR USER ACCOUNT, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY – REGARDING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

WE AND OUR STAFF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, DEATH OR BODILY INJURY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE OR YOUR USER ACCOUNT, ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE OR IN CONNECTION WITH THIRD PARTY SERVICES SUCH AS SOCIAL NETWORKS, YOUR RELIANCE UPON OR THE EXPECTED OUTCOME FROM ANY INFORMATION AVAILABLE ON THE SERVICE, ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN SOLE RESPONSIBILITY.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service or any content or Information, or from your breach of the Terms.

LINKS

The Service may contain links to content published on websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or their content      not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

TERMINATION OF THESE TERMS

You may, at any time terminate these Terms and your User Account by Providing us written notice of termination via the Service or at support@kai.ai.

We may terminate these Terms and your license to use the Service, at any time, by issuing a notice of such termination to you, blocking your access to and use of the Service, or in any other manner contemplated by these Terms. Upon termination by us, you must discontinue any and all use of the Service.

Termination of these Terms will not preclude our continued use of content you made available to us with a license to, or any information posted by you or obtained by us while you used the Service, prior to termination. In any event, our continued use of such materials will be in accordance with our Privacy Policy.

GOVERNING LAW & JURISDICTION

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of Delaware, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Delaware. 

The state and federal courts located in the state of Delaware will have exclusive and sole jurisdiction and venue over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company, each hereby expressly consents to personal jurisdiction in these courts and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.

GENERAL

Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements. 

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. 

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms. 

You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. 

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at support@kai.ai or through any of our online contact forms.

Last updated: September 2024.