Effective Date September 22, 2025

These KIID AI Terms of Service (“Terms”) govern the use of KIID AI’s website available at: www.kiid.ai (the “KIID AI Site”), KIID AI’s web application and its iOS- and Android-based mobile applications (each and collectively, “KIID AI App”), as well as other related webpages, products, services (“KIID AI Services”), content and applications accessible through the KIID AI Site or a KIID AI App(collectively, the “Services”) provided by KIID AI, and its related, affiliated or subsidiary companies (collectively, “KIID AI” “we” or “our”).

When we refer to “you” or “your” in these Terms, we mean any individual who interacts with or uses the Services. By registering for, accessing, or using the Services, you represent that you understand and agree to comply with and be bound by these Terms.

PLEASE READ THE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS, YOUR USE OF THE SERVICES, OR ANY RELATIONSHIP BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.

1. PRIVACY POLICY

Please review our Privacy Policy (https://kiid.ai/company/privacy-policy) to understand how we collect, use, and share your information when you use the Services. Our Privacy Policy is incorporated by reference in these Terms. By using the Services, you are also consenting to the Privacy Policy.

2. CHANGES TO TERMS

You agree that KIID AI may, at its sole discretion, modify the Terms at any time without notice by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms are published, distributed, or otherwise made available to you (“Effective Date”). Your registration for, access to, or use of the Services after the Effective Date constitutes your acknowledgement of such modifications and your agreement to abide and be bound by the Terms as modified. Therefore, it is important that you periodically check for changes made to the Terms. If you do not accept the modifications, your sole remedy is to cease all use of the Services.

3. ELIGIBILITY

You must be fourteen (14) years of age or older to use the Services within the United States. Use by those that do not fit these requirements is in violation of these Terms. By using the Services, you represent and warrant that you are fourteen (14) years of age or older, and that you agree to and will abide by all of the terms and conditions of these Terms.

4. USE OF THE SERVICES

You may use the Services only for lawful purposes and according to these Terms. You may not use the Services, or any information provided by the Services, for any commercial purpose. Your use of the Services is not transferable to any other person or entity. You are solely responsible for all activities that occur under your account, including but not limited to any information shared or transmitted through the Services, as well as any messages, online chats or other interactions with us, or with any other users. You agree not to copy materials, content, or any other information on the Services or remove any copyright or other proprietary notations from the materials or content in violation of these Terms, reverse engineer or break into (hack) the Services, or use materials, products or services in violation of law.

5. ACCEPTABLE USES

   You may not access, use, or allow others to access or use the Services in any matter that would:

• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right, trademark or other intellectual property right of any other person.

• Be likely to deceive any person.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be threatening, abuse or invade another’s privacy or publicity rights, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Generate, promote, disseminate, or otherwise use or facilitate content that may harm other individuals, including to encourage self-harm, discrimination, bullying, humiliation, and/or other emotional harms.

• Attempting to disrupt or overload the service (e.g., DDoS, spamming APIs).

• Scraping, reverse engineering, or unauthorized access.

• Circumventing moderation, security, or usage limits.

• Generating or spreading misinformation (health, elections, safety).

• Providing harmful instructions (e.g., suicide methods, explosives).

• Unauthorized commercial solicitation (spamming users with ads).

• Pyramid schemes, financial scams, etc.

6. NO UNLAWFUL OR PROHIBITED USE

You will not use the Services for any purpose that is unlawful or prohibited by the Terms. You may not use the Services in any manner which could damage, disable, interrupt, overburden, or impair the Services, or KIID AI’s network or servers, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to and used to provide the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

The following actions are also expressly prohibited in connection with your access to and use of the Services:

1. transmitting unsolicited email or spam;

   2. using any KIID AI domain name as a pseudonymous return email address for any electronic communications;

   3. pretending to be someone else or spoofing their identity;

   4. uploading, inputting, transmitting, sharing, storing or otherwise making available any content (including any Input Content, as defined below) that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. More specifically, and without limitation, you may not use or attempt to use the Services to generate content that may lead to serious harm to yourself or others, content relating to unethical behavior, content that may spread misinformation, or sexually explicit content;

   5. deleting any copyright or other proprietary rights notice from any content;

   6. using the Services to perpetrate fraud, misrepresentation, or illegal activity, including to trick, defraud, or mislead KIID AI or other users, especially in any attempt to learn sensitive account information, such as user passwords;

   7. attempting to circumvent or compromise any security measures, including any features that prevent or restrict the use or copying of any content or that enforce limitations on the use of the Services or the content contained therein to disparage, tarnish, or otherwise harm the Services;

   8. creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities;

   9. modifying, altering, or tampering with systems hardware or software;

   10. registering for more than one account, registering for an account on behalf of an individual other than yourself, operating an account on behalf of or for the benefit of any person who is not eligible to register for or operate an account in their own name, each unless KIID AI has explicitly authorized you in writing to do so;

   11. engaging in unauthorized framing of or linking to the Services; systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from KIID AI; seeking to use any technological means that acts as a passive or active information collection or transmission mechanism, such as clear graphics interchange formats ("gifs") or pixels; or engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering or extraction tools;

   12. reselling or repurposing your KIID AI account;

   13. invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Services, or using any information obtained from the Services in order to harass, abuse, or harm another person;

   14. making improper use of our support services or submitting false reports of abuse or misconduct; and

   15. probing, scanning or testing the vulnerability of the Services, or the KIID AI network, or breaching security or authentication measures without proper authorization for any purpose and regardless of intentions.

7. COMMUNICATIONS AND NOTIFICATIONS

By accepting these Terms, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You further agree that, when you receive a telephone call, text message, or email, you may incur a charge from the company that provides you with telecommunications, wireless, and/or Internet services, and you agree that we will have no liability for such charges or liability to you for any such calls. You are responsible for all costs incurred by you with respect to using our Services on a mobile device, including data usage fees and other telecommunications fees. You further consent to the recording and monitoring, for quality assurance purposes, of any call that you place to us or that we place to you, as well as of any messages, online chats, or other interactions with us via the Services.

8. ACCOUNTS AND REGISTRATION

   1. To access and use some of the features and functionality of Services, you must register for an account. When you register, you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

   2. When you register, you will be asked to create a password. You are responsible for maintaining the confidentiality of your account and password. KIID AI is not liable for any harm related to the theft of your access credentials, your disclosure of access credentials, or your decision to allow another person or entity to access and use the Services using your access credentials. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at tos.privacy@kiid.ai.

   3. Each user is only permitted to register for one account. You agree not to register for multiple accounts with KIID AI unless KIID AI has explicitly authorized you in writing to do so.

9. INPUT CONTENT AND OUTPUT CONTENT

As part of your use of the Services, you provide data to KIID AI through your interaction with the digital representation of yourself or your friends (each, an “AI Avatar”) within the chat feature that allows you to upload and input certain content, data, materials, or information in and to the Services, such as, text, audio and visual information, documents, images, or recordings, depending on the integration (the “Input Content”), and you receive output content from the Services based on the Input Content (the “Output Content”). Without limiting the foregoing, Output Content will include any derivative works created from the Input Content, such as, the predictions and learnings from the underlying machine learning and/or artificial intelligence tools and technologies based on your interaction with your and others’ AI Avatars (“Memories”). You warrant, represent, and agree that: (a) you own or otherwise possess all necessary rights, licenses, and/or consents, as applicable, with respect to the Input Content; (b) the Input Content, and KIID AI’s use thereof as contemplated by these Terms, the Privacy Policy, and otherwise as described in the context of using the Services, do not and will not infringe or otherwise violate the intellectual property rights or other proprietary rights of any third party, nor the publicity or privacy rights of any third party; and (c) the Input Content, and KIID AI’s use thereof as contemplated in these Terms, the Privacy Policy, and otherwise as described in the context of using the Services, is and shall be in compliance with these Terms and any applicable law. You acknowledge and agree that by submitting Input Content to the Services, you grant KIID AI the right to display, transmit, and share such Input Content (and associated Output Content) with other users of the Services in accordance with your account settings and the features of the Services. You further acknowledge that KIID AI may moderate, edit, format, restrict distribution, or remove any such content in its discretion for purposes of safety, compliance, or product improvement. You acknowledge and agree that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of any and all the Input Content, and you shall be solely liable for any damage resulting from any such Input Content. KIID AI does not, nor is it obligated to, monitor or police the Input Content transmitted through the Services, and KIID AI will not be responsible for any such Input Content. Notwithstanding the foregoing, KIID AI reserves the right, at its option and in its sole discretion, to remove or delete from the Services any Input Content, Output Content or Memories at any time, for any reason, including but not limited to, upon determination or reasonable suspicion that any such content violates these Terms.

10. INTELLECTUAL PROPERTY RIGHTS

    1. Input Content.

    The Input Content, and all intellectual property or other proprietary rights therein or relating thereto, are and shall remain the exclusive property of you or such other owners of the same that authorize you to provide the Input Content, as may be applicable, and KIID AI shall not claim ownership with respect thereto.

    To enable the Services, you hereby grant to KIID AI a non-exclusive, irrevocable, perpetual, worldwide, transferable, sublicensable, royalty-free, fully paid-up license to access, use, copy, reproduce, transmit, distribute, publicly display, publicly perform, store, back-up, create derivative works of, process, and otherwise fully exploit the Input Content (including your name, voice, and/or likeness as contained therein), in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Services and KIID AI’s (and its successors’ and affiliates’) business.

    For clarity, this license includes the right to share and display your Input Content to other users of the Services in accordance with your account settings and the features of the Services. For the avoidance of doubt, this license is non-terminable and will survive any termination of your account and/or use of the Services, for any reason. You acknowledge and agree that upon termination of your account, KIID AI shall have no obligation to retrain or cease operation of any artificial intelligence, machine learning model, or similar models that have been trained on your Input Content.

    2. Services, Output Content, Memories, and Other IP Rights.

    The Services, including any part thereof, are protected by copyrights, trademarks, service marks, and/or other proprietary rights, under the laws of the United States, other countries, and international conventions. You expressly acknowledge and agree that KIID AI shall retain all right, title, and interest in and to the Services, as well as the Output Content and Memories. We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services, and any Output Content thereof, subject to the Terms. Any rights to the Services, Output Content, Memories, and any derivative works, not expressly granted are expressly reserved. We further retain all rights to data derived from your use of the Services. The “KIID AI” name and any associated marks, logos, and other branding are trademarks of KIID AI. We do not claim ownership of the trademarks of any of our advertising partners or regarding any publisher or publication mentioned within the Services.

11. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively, “Submissions”), provided by you to KIID AI are not confidential and shall become the sole property of KIID AI. KIID AI shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby assign to KIID AI all ownership and rights in any Submissions.

12. PRIVACY AND RELEASE

You acknowledge and agree that you have read, understand, and consent to the processing of your personal information as set forth in our Privacy Policy including, but not limited to, the use of web traffic and website usage analytics and tracking technologies, such as cookies, pixel tags, and Java scripts. You acknowledge and agree that you do not have a reasonable expectation of privacy in connection with the use of analytics and tracking technologies or the collection and/or sharing of personal information by us or our third-party advertising partners using these technologies. To the maximum extent permitted under applicable law, you hereby release with prejudice and discharge KIID AI from, and waive the assertion of, any and all claims, demands, and damages based on or arising out of KIID AI’s use of such analytics and tracking technologies in connection with your access to and/or usage of the KIID AI Site prior to your acceptance of these Terms. 

You hereby waive and relinquish the provisions, rights, and benefits, if any, of Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY

13. COPYRIGHT POLICY

KIID AI respects the intellectual property of others and asks that users of our Services do the same. If you believe that any content on our Services is unlawfully infringing the copyright(s) in your work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• Your physical or electronic signature;
• Description of the copyrighted work(s) that you claim to have been infringed;
• Description of the material on our Website that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Designated Copyright Agent for KIID AI is:

Noah Levy
KIID AI, Inc.
legal@kiid.ai

14. AVAILABILITY

KIID AI will make reasonable efforts to keep the Services operational. However, certain technical difficulties, routine maintenance/upgrades and other events outside the control of KIID AI may, from time to time, result in temporary interruptions to or outages of the Services. In addition, KIID AI reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) all or certain functions of the Services, without notice. You agree that KIID AI shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Services.

15. LINKS TO OTHER WEBSITES AND CONTENT

The Services may contain links (or you may be sent through the Services) to other websites (“Third Party Sites”), as well as advertisements, sponsored content, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content provided through the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you use any of the Third Party Content or decide to access the Third Party Sites, you do so at your sole risk, and you are solely responsible for reviewing and complying with the applicable terms and policies of such Third Party Sites and you should be aware that our terms and policies no longer govern and other terms and policies of third parties may apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate through the Services. To the fullest extent permitted by law, KIID AI disclaims all liability for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, losses, claims, or costs arising from or related to your access to, use of, or reliance on any Third Party Sites or Third Party Content.

16. DISCLAIMERS

KIID AI DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT, DOCUMENT, OR FEATURE OF SERVICES, INCLUDING THE OUTPUT CONTENT AND MEMORIES, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THE SERVICES, INCLUDING THE OUTPUT CONTENT AND MEMORIES, COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICES AND ALL CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. KIID AI CANNOT ENSURE THAT ANY FILES, DOCUMENTS, CONTENT, OR OTHER DATA, INCLUDING THE OUTPUT CONTENT OR MEMORIES, YOU ACCESS THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KIID AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIID AI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

USER FURTHER ACKNOWLEDGES AND AGREES THAT THE SERVICES INCLUDE FEATURES THAT UTILIZE ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND/OR AUTOMATED DECISION-MAKING (“AI FEATURES”), AND THAT SUCH AI FEATURES MAY GENERATE TEXT, IMAGES, RECOMMENDATIONS, SUMMARIES, OR OTHER OUTPUTS (“AI OUTPUT”). AI OUTPUT IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR JUDGMENT. KIID AI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, OR SUITABILITY OF ANY AI OUTPUT FOR ANY PURPOSE. ALL AI OUTPUT IS USED AT YOUR SOLE RISK AND MAY BE INCOMPLETE, INACCURATE, OR INAPPROPRIATE FOR YOUR SPECIFIC USE CASE. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON AI OUTPUT AS A SOURCE OF FACTUAL INFORMATION OR FOR MEDICAL, LEGAL, FINANCIAL, SAFETY-CRITICAL, OR OTHER HIGH-RISK PURPOSES, AND YOU REMAIN SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND SUITABILITY OF ANY AND ALL AI OUTPUT BEFORE USING IT OR ACTING ON IT. AI OUTPUT MAY NOT REFLECT ACCURATE, COMPLETE, OR CURRENT INFORMATION. ACCESS TO AND USE OF AI FEATURES AND AI OUTPUT ARE AT YOUR OWN RISK. AI FEATURES MAY RELY ON THIRD-PARTY MODELS, DATA, OR SERVICES. KIID AI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, OR PERFORMANCE OF ANY SUCH THIRD-PARTY CONTENT, DATA, MODELS, OR SERVICES. KIID AI DOES NOT WARRANT THAT ANY INPUT CONTENT, OUTPUT CONTENT, OR MEMORIES WILL BE PRESERVED WITHOUT LOSS, CORRUPTION, OR DELETION. ALL DISCLAIMERS IN THIS SECTION ARE SUBJECT TO, AND SHOULD BE READ IN CONJUNCTION WITH, THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 18.

17. WARNING REGARDING AI FEATURES AND AI OUTPUT

The AI Features will generate AI Output based on Input Content that you provide. The specific AI Output that the AI Features will return based on your Input Content cannot be predicted in advance. AI FEATURES MIGHT GENERATE CONTENT THAT YOU CONSIDER OFFENSIVE OR OBJECTIONABLE AND/OR THAT DOES NOT REPRESENT KIID AI’S VIEWS. BY AGREEING TO THESE TERMS AND BY USING THE SERVICES, YOU RECOGNIZE AND ASSUME THE RISK THAT THE INPUT CONTENT YOU PROVIDE MIGHT RESULT IN GENERATION OF AI OUTPUT THAT YOU CONSIDER OFFENSIVE OR OBJECTIONABLE. YOU ALSO RECOGNIZE AND AGREE THAT YOU – NOT KIID AI – ARE RESPONSIBLE FOR YOUR USE OF, AND/OR ANY ACTIONS YOU TAKE IN RELATION TO, AI OUTPUT GENERATED BY THE AI FEATURES AND YOU MAY NOT RELY ON ANY AI OUTPUT AS FACTUAL, ACCURATE, OR SUITABLE FOR MEDICAL, LEGAL, FINANCIAL, SAFETY-CRITICAL, OR OTHER HIGH-RISK PURPOSES.

18. LIMITATION ON LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, KIID AI (INCLUDING ALL AFFILIATES) AND ITS (AND THEIR) OWNERS, SHAREHOLDERS, MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, ADVISORS, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OF THE CONTENT, INCLUDING THE OUTPUT CONTENT, OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF KIID AI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE REQUIRED BY LAW, NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD, OR WILLFUL MISCONDUCT.

KIID AI’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) AND (B) THE AMOUNT PAID BY YOU TO ACCESS AND USE THE SERVICES (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THESE LIMITATIONS APPLY IN CONNECTION WITH, AND SHOULD BE READ TOGETHER WITH, THE DISCLAIMERS IN SECTIONS 16 AND 17.

19. GOVERNING LAW; VENUE AND JURISDICTION

You agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms.

20. INDEMNITY

By accessing and using the Services, you agree to indemnify, defend, and hold KIID AI (including all affiliates), and its (and their) owners, shareholders, members, partners, directors, officers, employees, agents, contractors, advisors, successors, and assigns, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, of any and every kind, including attorney's fees, arising out of or in connection with the Input Content, any Third Party Content you submit to or through Services, your use of the Services, your conduct in connection with the Services or with other users of the Services, or any violation of these Terms or of any law or the rights of any third party.

21. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

    1. Arbitration Agreement.

    Except for disputes brought in small claims court, any dispute arising out of or relating to the Services, or any relationship between you and KIID AI (including affiliates), and its (and their) owners, shareholders, members, partners, directors, officers, employees, agents, contractors, advisors, successors, and assigns, without limitation, no matter how described, pleaded, or styled, will be resolved through final, binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration will be conducted by a single, neutral arbitrator chosen by the parties, who shall be a retired judge or a lawyer with at least ten years of active practice in technology law and knowledgeable about software. The parties agree that the arbitrator, and not a court, will have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator’s award may be entered in any court of competent jurisdiction. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by KIID AI. Each party will pay for its own attorneys’ fees and costs.

    2. Rules and Procedures.

    The arbitration shall be conducted under the Consumer-Related Disputes Supplementary Procedures and expedited procedures of the American Arbitration Association (“AAA”). You understand the information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org or by calling 800-778-7879. The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.

    3. No Class Actions.

    You and KIID AI agree that any dispute or claim will be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. This means that you agree to arbitrate in your individual capacity only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

    4. Confidentiality.

    The fact of and all aspects of this arbitration and the underlying dispute will remain strictly confidential by the parties, their representatives, and the AAA. The parties agree that any actual or threatened violation of this provision would result in irreparable harm and will be subject to being immediately enjoined.

    5. Waiver of Jury Trial, Governing Law, Venue.

    If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial for any dispute to which this agreement applies and any dispute will be commenced and maintained exclusively in the state or federal courts in Delaware and the parties each consent to the personal jurisdiction of the courts. You hereby accept the exclusive jurisdiction of such court for this purpose. This provision survives the termination of the Terms. Notwithstanding anything herein to the contrary, you retain the right to pursue any claim in a small claims court and proceed on an individual basis for any such claim that is within the court’s jurisdiction.

BY ACCEPTING THE TERMS YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED, OR MASS ACTION BASIS.

22. TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to these Terms or the Services or your relationship with KIID AI must be filed within one year after the claim arose; otherwise, your claim is permanently barred.

23. ACCESS RESTRICTION AND TERMINATION

    1. Access to and use of the Services are expressly conditioned on your compliance with all relevant laws, regulations, contract obligations, and the Terms. KIID AI may restrict, suspend, or terminate your access to all or any part of the Services at any time and for any reason in its sole and complete discretion. KIID AI reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Services. If KIID AI terminates your account, you will not create another account without our permission.

    2. You may also terminate your account at any time by providing us written notice at tos.privacy@kiid.ai. These Terms will apply until your account has been terminated, whether by you or KIID AI. Upon termination, all rights granted by KIID AI to you herein, including without limitation the limited license granted above by KIID AI to you, shall immediately terminate. Notwithstanding the foregoing, any provision in the Terms that by its nature should survive the termination of your license to access the Services or any termination of the Terms (including, without limitation, provisions governing arbitration, indemnification, limitations on liability, disclaimers of warranty, and intellectual property rights) will continue to remain in full force and effect after any termination. Upon termination of your account, KIID AI shall have no obligation to retrain or cease operation of any artificial intelligence, machine learning model, or similar models that have been trained on your Input Content.

24. LEGAL NOTICES

These Terms may not be transferred or assigned by you without KIID AI’s prior written consent. KIID AI’s affiliates, contractors, and service providers may exercise KIID AI’s rights or fulfill its obligations under the Terms. Waivers must be in writing and no waivers will be implied. Any failure by KIID AI to exercise any rights or enforce any of these Terms shall not constitute a waiver of such rights or terms with regard to the use of the Services. If any provision of these Terms or their application in a particular circumstance is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. The Terms are the final, complete and exclusive agreement between you and us relating the Services and supersede all prior or contemporaneous understandings and agreements relating to this subject matter, whether oral or written. Headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.

25. CONTACT US

If you have any questions or concerns about these Terms, please contact us at: tos.privacy@kiid.ai