Version 1.1
5 October 2024
IMPORTANT: BY USING KOTO AI OR ANY OTHER MOBILE APPLICATIONS PROVIDED BY ELVE TECH LTD (DEFINED BELOW), YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
1. Acceptance of Terms
The following instrument sets forth the terms and conditions governing your ("you" or "user") access and use of the mobile applications and services provided by Elve Tech Ltd ("Elve Tech," "we," "our," or "us"), including Koto AI and other applications available on the Apple App Store (collectively, the "Services"). By using the Services in any way, you agree to be bound by these Terms and the accompanying Privacy Policy available at [insert Privacy Policy link] (together, the "Terms"). If you do not understand or agree to any part of these Terms, you should immediately exit the Services and cease any further use.
Elve Tech reserves the right to unilaterally change or add to these Terms at any time. In the event of a significant change, we will notify you via email, SMS, or a prominent notice within the Services. We encourage you to review these Terms periodically, as any continued use of the Services following such modifications constitutes your acceptance of the updated Terms.
ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION CLAUSE IN SECTION 19, REQUIRING RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION. THIS MEANS YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Services
Elve Tech’s Services, including but not limited to Koto AI, offer a range of functionalities, which may include but are not limited to voice-to-text transcription, document analysis, and AI-powered text processing. Some features may have limitations depending on the version of the Services you access, the type of device you use, and any subscription or licensing level associated with your account.
3. License
Subject to your compliance with these Terms, Elve Tech grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Services strictly for personal, non-commercial purposes. This license may be terminated at Elve Tech's sole discretion.
4. Limitations on Use
You agree to use the Services solely for lawful purposes in accordance with these Terms. Specifically, you agree not to:
- Harass, intimidate, or threaten any person while using the Services.
- Sell, license, sublicense, lease, assign, transfer, pledge, or share your account or any of your rights under these Terms with any third party.
- Transfer, distribute, scrape, or otherwise copy all or any part of the Services, or use the Services as a service bureau.
- Use the Services in a jurisdiction where it is illegal or would subject Elve Tech or its affiliates to any registration requirement within such jurisdiction.
- Engage in any form of automated access to the Services, including data mining, robots, or any other data gathering and extraction tools, or utilize "load testers" to destabilize or encumber the Services.
Violation of these Terms may result in the suspension or termination of your account without prior notice.
5. Ownership of Proprietary Rights
Elve Tech retains all right, title, and interest in the Services and all related intellectual property. The Services and all underlying data, software, platforms, algorithms, design, trade names, logos, and any other elements are the exclusive property of Elve Tech and/or its licensors. These Terms do not grant you any rights or ownership in the Services beyond the limited license provided in Section 3.
6. Your Content
You are solely responsible for the content you submit or refer to through the Services ("Your Content"). Elve Tech disclaims any liability for Your Content and reserves the right to remove or modify any content that violates these Terms or applicable laws.
You grant Elve Tech a worldwide, royalty-free, irrevocable, perpetual license to use, modify, distribute, and display Your Content as necessary for the operation and improvement of the Services.
7. Your Account
You are solely responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You are responsible for ensuring that no unauthorized third parties gain access to your account, and you agree to monitor the use of the Services to prevent use by minors or any other unauthorized individuals.
8. User Warranties and Representations
You represent and warrant that you possess all rights, licenses, and consents necessary to use the Services and to submit any Content. You also represent that your use of the Services will comply with all applicable laws and regulations and that you are not located in a jurisdiction where the use of the Services is prohibited.
9. Purchases
Elve Tech provides paid features through In-App Purchases managed by the Apple App Store. All billing and transactions related to In-App Purchases are handled by Apple, and any requests for refunds or adjustments are subject to Apple's policies and guidelines. Elve Tech is not liable for Apple’s handling of payments, refunds, or billing inquiries, nor for the availability or performance of Apple's services.
Prices for the Services may be updated from time to time. Any such changes to pricing terms will be communicated within the Services, and your continued use of the Services after these updates signifies your acceptance of the changes.
10. Free Trial
Elve Tech may occasionally offer free trials of paid features. We reserve the right, in our absolute discretion, to determine your eligibility for a trial. We may withdraw or modify a trial without prior notice or liability, and we reserve the right to restrict trials for any user at our discretion.
11. Privacy
Elve Tech’s privacy practices are governed by our Privacy Policy, available at Privacy Policy page, which is incorporated into these Terms by reference. Your continued use of the Services signifies your agreement to our Privacy Policy.
12. Disclaimer of Warranties
THE SERVICES AND ALL ASSOCIATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELVE TECH DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Elve Tech does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or harmful components. You are solely responsible for implementing precautions to protect yourself and your device from harm.
13. Limitation of Liability
To the fullest extent permissible under applicable law, Elve Tech shall not be liable for any indirect, incidental, or consequential damages arising from or in connection with your use of the Services, even if advised of the possibility of such damages. This includes but is not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
In any event, Elve Tech’s aggregate liability for all claims arising out of or related to your use of the Services will not exceed the amount you have paid to Elve Tech in connection with any paid features within the last 12 months.
14. Indemnification
You agree to indemnify, defend, and hold harmless Elve Tech, its affiliates, officers, directors, employees, licensors, and agents against any claims, damages, losses, or expenses (including attorneys' fees) arising from your use of the Services, any violation of these Terms, or any violation of the rights of third parties.
15. Third-Party Content
The Services may include resources, content, or links provided by third parties. Elve Tech does not control third-party content and disclaims all liability for third-party resources or content. Your use of third-party content is at your own risk and subject to the terms and conditions of those third parties.
16. Notice and Takedown
If you believe that any content within the Services infringes your intellectual property rights or is otherwise illegal, please contact Elve Tech with a detailed complaint. Upon receipt, we will make reasonable efforts to investigate and, if appropriate, remove the disputed content.
Elve Tech may, at its discretion, respond to valid DMCA notices and may terminate accounts that repeatedly infringe intellectual property rights. We are not responsible for any content posted outside the Services.
17. Termination
Elve Tech reserves the right to terminate or suspend your access to the Services at its discretion, without prior notice. Upon termination, you must immediately cease using the Services. The rights and obligations set forth in these Terms that by their nature should survive termination will survive termination, including but not limited to provisions regarding intellectual property ownership, disclaimers, limitations of liability, and indemnification.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws applicable to the location of Elve Tech Ltd.
19. Arbitration, Class Waiver, and Jury Waiver
19.1 Applicability of Arbitration Agreement: All claims and disputes arising out of or relating to these Terms or the use of the Services shall be resolved through binding arbitration, except for claims involving enforcement or infringement of intellectual property rights.
19.2 Arbitration Rules: Arbitration will be administered by a neutral arbitration forum. The specific rules of the arbitral forum will govern all aspects of the arbitration, including the conduct of any hearings.
19.3 Confidentiality: The arbitration proceedings, evidence, and any outcome will remain confidential and will not be disclosed except by agreement of both parties or as required by law.
19.4 Waiver of Class Action: ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS, AND CLASS ACTIONS ARE WAIVED.
19.5 Survival: This arbitration agreement will survive termination of your relationship with Elve Tech.
20. General
These Terms represent the entire agreement between you and Elve Tech regarding the use of the Services and supersede any prior agreements. Any failure by Elve Tech to enforce these Terms shall not constitute a waiver of our rights. Should any provision of these Terms be held invalid, the remaining provisions shall remain enforceable.
For further inquiries, you may contact us at:
Elve Tech Ltd
Unit 201, Level 1, Gate Avenue - South Zone
Dubai, UAE
Email: feedback@elvetech.io