EULA

End-User License Agreement (EULA) for Klevr

LANGUAGES

  • English

Last updated: October 17th 2024

Please read this agreement carefully prior to using Klevr

ACKNOWLEDGEMENT

By clicking 'Sign-Up,' 'Log In,' downloading, or continuing to use the Service, You agree to be bound by the Terms and Conditions of this Agreement. If You do not accept these terms, do not create an Account, log in, or use the Application.

This Agreement is a legal contract between You and Klevr, governing Your use of the Service provided by Klevr.

This Agreement governs only the relationship between You and Klevr and not between You and the Application Store. Klevr is solely responsible for the Application. While the Application Store is not a party to this Agreement, it reserves the right to enforce the terms of this Agreement as a third-party beneficiary with respect to Your use of the Application.

Interpretation and Definitions

For the purpose of clarity and consistency, certain terms and definitions are used throughout this Agreement. The words of which the initial letter is capitalized have meanings defined under the following conditions. Definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For detailed information on the Definitions of this Agreement, please visit Klevr’s Definitions page.

License

A. Scope of License

Klevr grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application. You may use the Application solely for personal, non-commercial purposes and only on a Device that You own or control, in accordance with this Agreement and the Application Store's terms and conditions.

Klevr is licensing the Application to You; it is not being sold. Your use of the Application must strictly comply with the terms of this Agreement.

B. License Restrictions

You agree not to, and will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make it available to any Third Party.

  • Use the Application in any manner not expressly permitted by this Agreement.

  • Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.

  • Remove, alter, or obscure any proprietary notices, including watermarks, copyright or trademark notices, related to Klevr or its affiliates, partners, suppliers, or licensors within the Application.

User Conduct & Responsibilities

You agree not to use the Application to:

  • Engage in offensive, hateful, or harmful behavior toward any individual or group, including harassment, sexual exploitation, or content involving nudity, violence, or links to adult sites.

  • Solicit or share personal information, such as phone numbers, addresses, or email addresses, to engage in spamming, phishing, or mass mailing.

  • Access or share restricted, password-protected, or hidden content without permission.

  • Spread misinformation or engage in illegal, abusive, threatening, defamatory, or obscene activities.

  • Distribute unauthorized copies of copyrighted content or provide information to bypass copyright protections.

  • Damage Klevr's reputation or imply its endorsement without explicit consent.

  • Violate intellectual property, privacy, or publicity rights of the Klevr or Third Parties.

  • Transmit confidential information or trade secrets without proper authorization.

  • Modify or mirror the Application without permission, or disrupt the Klevr’s systems or services.

  • Engage in criminal activities such as fraud, spamming, or copyright infringement.

User Responsibilities:

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

You agree to provide accurate, current, and complete information during the Account registration process and to update such information as needed.

You agree to notify Klevr immediately of any unauthorized use of your Account or any other breach of security.

Content

A. Content License

You retain ownership of the Content You submit or post to the Service. By submitting Content, You grant Klevr a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, adapt, translate, create derivative works from, train Third-Party or Klevr-created AI Systems, distribute, publicly display, perform, and otherwise utilize your content in any media or technology, now known or later developed. This license includes the use of your name, voice, and likeness as contained in your content.

To the extent permitted by law, You waive any applicable moral rights and rights of publicity in relation to your Content. This license terminates when your Content is deleted and your Account is closed, except where content has been shared with others who have not deleted it. Even after deletion, content may remain in backup copies for a reasonable period. We will make reasonable efforts to remove content from active systems but cannot guarantee its complete removal.


B. Content Restrictions

You are solely responsible for your Content and all activities under your Account. It is your responsibility to obtain any required consents to collect or submit Content. You may not submit Content that is unlawful, harmful, or violates these Terms.

Klevr reserves the right to a zero tolerance policy, and to determine, in accordance with these Terms, whether Content is appropriate and in compliance with this Agreement. We may refuse, edit, restrict, or remove content at our sole discretion and may limit or terminate your access to the Application for posting inappropriate content.

Klevr cannot monitor all content uploaded by Users and Third Parties. You use the platform at your own risk and acknowledge that You may encounter content that is offensive, inappropriate, or inaccurate. Klevr is not responsible for such Content or any resulting consequences.

Third-Party Services

Klevr uses Third-Party Services to enhance and deliver the Service to You. For more information on how these Third Parties handle your information, please refer to Our Privacy Policy

The Service may display, include, or make available Third-Party content (such as data, information, applications, or other products and services through APIs) or provide links to Third-Party websites or services.

You acknowledge and agree that Klevr is not responsible for any third-party services, including their accuracy, completeness, timeliness, legality, decency, quality, or copyright compliance. Klevr assumes no liability or responsibility for any Third-Party services. Furthermore, we do not imply approval, association, sponsorship, endorsement, or affiliation with any linked third-party sites.

You must comply with the applicable terms and privacy policies of any Third-Party Service when using the Service. Third-Party Services and links are provided solely for your convenience. You access and use any third-party service at your own risk and are subject to their terms and conditions.

Paid Services

Klevr offers certain Features in exchange for a Subscription Fee, referred to as "Paid Services." For example, a Klevr Pro Subscription would be considered a Paid Service. For more information on Paid Services, including cancellation and management, please refer to our Paid Services Agreement

We reserve the right to introduce fees for any parts of the Service that were previously free and to offer premium services that may require additional fees in the future.

Age Guidelines

You must be at least 13 years old to access and use our Application. By downloading the Application and creating an Account, You confirm that You are at least 13 years old. For more information, please refer to our Age Guidelines Policy Page

Privacy Policy

Klevr collects, stores, maintains, and shares information about You in accordance with our Privacy Policy, for more information please visit Our Privacy Policy

Intellectual Property

The Application, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, is and shall remain the sole and exclusive property of Klevr.

Klevr is not obligated to indemnify or defend You against any Third-Party claims arising from or related to the Application. If applicable law requires indemnification, Klevr—not the Application Store—will be solely responsible for investigating, defending, settling, and resolving any claim that the Application or your use of it infringes Third-Party intellectual property rights.

AI systems

AI Systems are continuously evolving. Through the Service, various AI Systems, including Third-Party Language Learning Models (LLMs), are available for User input via text, video, or voice. These systems process inputs and generate a range of Outputs, including content, recommendations, data, or other information.

You acknowledge and agree that AI Systems have inherent limitations, and in addition to the restrictions in this Agreement, the following applies:

  • AI Systems may struggle with complex tasks that require reasoning, judgment, and decision-making.

  • Errors or misleading information may occur, and their reliability and accuracy cannot always be guaranteed.

  • The quality and biases of the training data significantly influence the accuracy and quality of the Output.

  • AI Systems operate on predefined algorithms and may produce repetitive or formulaic content.

  • They may have difficulty understanding language nuances, such as slang, idioms, or cultural references, leading to out-of-context or nonsensical Output.

  • AI Systems lack emotional intelligence, potentially making the Output appear devoid of empathy or emotional depth.

  • Biases in training data may be reflected in the Output, potentially resulting in discriminatory or offensive content.

  • Output may lack the personal touch of human-created content, leading to perceptions of impersonality or coldness.

You are responsible for using independent judgment before relying on or using AI System Output. The Output is provided for informational purposes only and is not a substitute for professional advice. Klevr assumes no liability for issues arising from or related to your use of AI Systems.

Term and Termination

This Agreement remains in effect until terminated by either You or Klevr. We reserve the right to suspend or terminate this Agreement at any time, for any reason, at its sole discretion, with or without prior notice.

If You fail to comply with any terms of this Agreement, it will result in immediate termination without notice. You may also terminate this Agreement at any time by deleting your Account, the Application and all copies from your Device.

Upon termination, You must stop using the Application and delete all copies from your Device.

Termination of this Agreement does not limit Our rights or remedies under the law or in equity in case of any breach by You during the term of this Agreement.

Indemnification

You agree to indemnify and hold harmless Klevr, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors from any claims, demands, or damages, including reasonable attorney's fees, arising from:

  • Your use of the Application

  • Your breach of this Agreement or any law or regulation

  • Your infringement of any Third-Party rights

  • Damages Klevr incurs due to the data or Content You provide

  • Bodily injury or property damage caused by You

No Warranties

The Application is provided "AS IS" and "AS AVAILABLE," with all faults and without any warranties, express or implied. To the fullest extent permitted by law, Klevr, on behalf of itself, its affiliates, licensors, and service providers, disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or trade usage.

Klevr does not warrant that the Application will meet your requirements, operate uninterrupted, be compatible with other software or services, be secure, error-free, or free from viruses or harmful components. Klevr also makes no guarantee about the accuracy, reliability, or timeliness of any Content provided through the Application.

We have no control over and assume no responsibility for the content, privacy policies or practices of any Third Party sites or services.

If You have any claims arising from or related to your use of the Application, including product liability claims, claims regarding the Application’s failure to meet legal or regulatory requirements, or claims under consumer protection laws, Klevr, not the Application Store, is responsible for addressing those claims.

In jurisdictions where such disclaimers are not permitted, these exclusions may not apply to You but will remain in effect to the fullest extent allowed by law. Where implied warranties cannot be excluded, Klevr, not the Application Store, shall be responsible for such warranties.

Limitation of Liability

To the maximum extent permitted by law, Klevr, its directors, officers, owners, employees, or agents shall not be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, loss of profits, data loss, coaching data, lost video content, business interruption, personal injury, or privacy loss) arising from or related to the use or inability to use the Application, Third-Party software, or hardware used with the Application. This applies even if Klevr or a Third Party has been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

Notwithstanding any damages You may incur, Klevr’s total liability under this Agreement shall be limited to the amount You paid for the Application in the six months preceding your claim, or $100 USD if no purchase was made.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You.

You expressly agree that the Application Store, its affiliates, and licensors are not liable to You under any theory of liability for direct, indirect, incidental, special, consequential, or exemplary damages, including any loss of data, even if they were advised of or should have been aware of such losses.

FORCE MAJEURE

Klevr shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, pandemics, government orders, cyberattacks, or failure of public or private telecommunications networks. If such an event occurs, Our obligations will be suspended for the duration of the event.

Severability and Waiver

Severability

If any provision of this Agreement is found to be unenforceable or invalid, it will be modified and interpreted to fulfill its intended purpose to the fullest extent permitted by law. The remainder of the Agreement will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Governing Law

This Agreement and your use of the Service shall be governed by the laws of Ontario, Canada, excluding its conflict of law rules. Your use of the Application may also be subject to other local, state, provincial, national, or international laws.

United States Legal Compliance

You represent and warrant that:

  • You are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country.

  • You are not listed on any U.S. government list of prohibited or restricted parties.

Maintenance and Support

Klevr does not provide maintenance or support for the download and use of the Application. If maintenance or support is required by applicable law, We, not the Application Store, will be responsible for providing it.

Your Suggestions

Any feedback, ideas, improvements, or suggestions You provide to Klevr regarding the Application shall become the sole and exclusive property of Klevr. We are free to use, copy, modify, publish, or redistribute these suggestions for any purpose, without credit or compensation to You.

Modifications to the Application

Klevr reserves the right to modify, suspend, or discontinue the Application or any associated services, with or without notice. You acknowledge that such changes may occur without any liability on the part of Klevr.

From time to time, We may release updates, patches, bug fixes, or enhancements that may alter or remove certain features or functionalities. You understand that Klevr is not obligated to provide these updates or maintain specific features.

All updates or modifications to the Application will be considered part of the Application and governed by the terms of this Agreement.

Changes to this Agreement

We reserve the right to modify or replace this Agreement at any time at its sole discretion. If a revision is material, We will provide notice before the new terms take effect. Klevr will determine what constitutes a material change at its sole discretion.

By continuing to use the Application after revisions become effective, You agree to be bound by the updated terms. If You do not agree to the new terms, You must immediately stop using the Service.

Entire Agreement

This Agreement, together with all Agreements, schedules, exhibits and other documents referenced herein, constitutes the entire Agreement between You and Klevr regarding your use of the Service, and supersedes all prior and contemporaneous written or oral agreements between You and the Klevr

You may be subject to additional Terms and Conditions that apply when You use or purchase other Services, which Klevr will provide to You at the time of such use or purchase.

Contact Us

If You have any questions about this Agreement contact us:

  • By email: support@klevr.ai