Welcome to Kindgi ("Platform"), an AI Application Builder platform created by Noka Software and Creative Inc. These Terms of Service ("Terms") govern your access to and use of our Platform, website, and services.
By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Platform.
To use certain features of our Platform, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if we believe that you have violated these Terms.
The Platform offers both free and paid subscription plans. The specific features, usage limits, and capabilities available to you depend on the type of subscription plan you select.
The free plan provides limited access to the Platform's features and may include usage restrictions, feature limitations, or display of promotional content.
Paid plans provide enhanced features, increased usage limits, and additional capabilities as described on our pricing page. By selecting a paid plan, you agree to pay all fees associated with your selected subscription plan.
For paid subscription plans:
Paid subscriptions will automatically renew for additional periods equal to the initial subscription term unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us directly.
You may use our Platform to create AI-powered applications and tools using prompts and instructions for lawful purposes and in accordance with these Terms.
You agree not to:
You retain ownership of the Content you provide to our Platform. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your Content in connection with operating and providing our Platform services.
You own the Generated Applications created through our Platform using your prompts or instructions, subject to our retention of ownership in the underlying technology, algorithms, and systems that power the Platform.
You are solely responsible for your Content and Generated Applications. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Generated Applications.
The Platform, including its original content, features, functionality, and underlying technology, is owned by us and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for its intended purposes.
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the Platform, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.
Our Platform may allow you to integrate with or access third-party services. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of any third-party services.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PLATFORM WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY GENERATED APPLICATIONS OR OUTPUTS FROM THE PLATFORM.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PLATFORM OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, OR FINANCIAL LOSS.
YOU ACKNOWLEDGE THAT WE DO NOT PRE-SCREEN CONTENT, BUT THAT WE SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN OUR SOLE DISCRETION TO REFUSE, DELETE, OR MOVE ANY CONTENT THAT IS AVAILABLE VIA THE PLATFORM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO US FOR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE SUBSCRIPTION FEES WOULD BE HIGHER IF WE WERE TO ASSUME MORE LIABILITY.
FOR FREE PLAN USERS, OUR TOTAL LIABILITY SHALL BE LIMITED TO ZERO DOLLARS ($0), AS NO PAYMENT HAS BEEN MADE TO US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms, including but not limited to any third-party claims related to your Content or Generated Applications.
YOU ACKNOWLEDGE THAT YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION MAY EXCEED THE AMOUNT YOU HAVE PAID, IF ANY, FOR USE OF THE PLATFORM. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF YOUR ACCOUNT AND THESE TERMS.
We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
You may terminate your account at any time by:
Upon termination:
If you terminate during an active billing cycle for a paid subscription, your subscription will continue until the end of the current billing period, and you will not receive a refund for the unused portion unless required by applicable law.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of Canada in Toronto, Ontario. The arbitration shall be conducted in English by a single arbitrator.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Platform and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Platform.
For questions about these Terms, please contact us at:
Noka Software and Creative Inc.
6-130 Hollidge Blvd Unit #337
Aurora, ON L4G 3Z9
Canada
Email: [email protected]
Phone: 647-772-3713
By using the Kindgi Platform, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.