Kivana

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Kivana

Terms of Service

Last Update 12 March 2025

Terms of Agreement for Kivana Labs Inc.

Introduction

Welcome to Kivana Labs Inc. By accessing or using our website, applications, products, and services (collectively, the "Services"), you agree to be bound by the following terms and conditions (the "Terms"). Please read these Terms1 carefully before using our Services.2

Use of Our Services

  1. Eligibility: You must be of legal age in your jurisdiction (typically 18 years or older) to use our Services, or have the consent of a parent or legal guardian.

  2. Account Creation (if applicable): If our Services require you to create an account, you agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.3

  3. Account Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials, including your4 username and password. You are also responsible for all activities that occur under your account.5 Notify Kivana Labs Inc. immediately of any unauthorized access to or use of your account.

  4. Acceptable Use: You agree to use our Services in compliance with these Terms and all applicable laws and regulations.

Prohibited Activities

You agree not to:

  1. Use our Services for any unlawful, harmful, or fraudulent purpose.

  2. Engage in any activity that interferes with or disrupts the integrity, security, or performance of our Services or the systems and networks connected to them.

  3. Attempt to gain unauthorized access to any part of our Services, user accounts, or computer systems or networks.

  4. Transmit any viruses, malware, or other harmful code through our Services.

  5. Collect or harvest any personally identifiable information from other users without their consent.

  6. Impersonate any person or entity or misrepresent your affiliation with Kivana Labs Inc.

  7. Use our Services to send unsolicited communications or spam.

  8. Violate any intellectual property rights of Kivana Labs Inc. or any third party.

  9. Reverse engineer, decompile, or disassemble any aspect of our Services, except to the extent expressly permitted by applicable law.

  10. Engage in any activity that could damage the reputation of Kivana Labs Inc.

Payments and Fees (if applicable)

  1. Payment Terms: If our Services involve fees, you agree to pay all applicable fees as described on our website or in a separate agreement. Payment terms and methods will be specified at the time of purchase.

  2. Billing Information: You agree to provide accurate and up-to-date billing information.

  3. Taxes: You are responsible for any applicable taxes related to your use of our Services.

  4. Refunds (if applicable): Our refund policy, if any, will be posted on our website or provided to you separately. Please review it carefully.

Intellectual Property

  1. Ownership: All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and6 the design thereof (collectively, the "Kivana Labs Inc. Content"), are owned by Kivana Labs Inc., its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights7 laws.

  2. Limited License: Kivana Labs Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and the Kivana Labs Inc. Content solely for your personal or internal business purposes in accordance with these Terms.

  3. Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any8 of the Kivana Labs Inc. Content without the prior written consent of Kivana Labs Inc., except as expressly permitted by these Terms.

  4. Trademarks: The Kivana Labs Inc. name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kivana Labs Inc. or its affiliates or licensors. You may not use such marks without the prior written permission of Kivana Labs Inc.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,9 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,10 NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.11 KIVANA LABS INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.12

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT13 SHALL KIVANA LABS INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,14 DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES,15 WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY,16 EVEN IF KIVANA LABS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KIVANA LABS INC. TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO KIVANA LABS INC. FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless17 Kivana Labs Inc., its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including18 reasonable attorneys' fees) arising out of or relating to your19 breach of these Terms, your use of the Services, or your violation of any law or the rights of a third party.

Changes to These Terms

Kivana Labs Inc. reserves the right to modify or update these Terms at any time in its sole discretion. Any changes will be effective immediately upon posting the20 revised Terms on our website21 or through other reasonable means of communication. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically for22 updates.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State23 of [Insert Governing State, e.g., Delaware], without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services24 shall be instituted exclusively in the25 state or federal courts located in [Insert Jurisdiction, e.g., the State of Delaware]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.26

Termination

Kivana Labs Inc. may terminate or suspend your access to all or any part of the Services at any time, with or without cause, and without prior notice or liability. Upon termination, your right to use the Services will immediately cease.27 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership28 provisions, warranty disclaimers, indemnity, and limitations of liability.

Entire Agreement

These Terms constitute the entire agreement between29 you and Kivana Labs Inc. with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between30 you and Kivana Labs Inc.

Waiver

No waiver by Kivana Labs Inc. of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision,31 and Kivana Labs Inc.'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability32

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum33 extent necessary such that the remaining provisions of the Terms will continue in full force and34 effect.

Contact Us

If you have any questions about these Terms of Agreement, please contact us at: Hello@kivana.ai

Kivana Labs Inc.

4940 Woodman Ave #91234

Sherman Oaks, California, USA