Terms of Service

1. Acceptance of Terms

By accessing or using Kaila Labs applications and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms apply to all visitors, users, and others who access or use our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use our Services.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

3. User Accounts

When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Intellectual Property

Our Services and their original content, features, and functionality are and will remain the exclusive property of Kaila Labs and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kaila Labs.

5. User-Generated Content

Our Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through our Services, including its legality, reliability, and appropriateness.

By posting Content on or through our Services, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through our Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

We reserve the right to terminate the account of any user found to be infringing on a copyright.

6. Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate Kaila Labs, a Kaila Labs employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm Kaila Labs or users of our Services or expose them to liability.

7. Payments and Subscriptions

Some of our Services are offered on a subscription basis. By subscribing to our Services, you agree to pay the applicable subscription fees as they become due. Subscription fees are non-refundable except as required by law or as explicitly stated in these Terms.

We may change the fees for subscriptions from time to time, but we will provide you with advance notice of these fee changes via email. Fee changes will take effect at the start of the next subscription period following the date of the fee change. By continuing to use our Services after the fee change takes effect, you agree to pay the updated subscription fee.

You can cancel your subscription at any time by following the cancellation procedures within our Services or by contacting us directly. If you cancel your subscription, you will continue to have access to the subscription benefits until the end of your current billing period, at which point your access will be terminated.

8. App Store Terms

When you download our applications from a third-party app store (such as Apple's App Store or Google Play), you acknowledge and agree that:

• These Terms are between you and Kaila Labs, not with the app store.
• The app store has no obligation to provide maintenance and support services with respect to our applications.
• In the event of any failure of our applications to conform to any applicable warranty, you may notify the app store, and the app store may refund the purchase price for the application to you.
• The app store is not responsible for addressing any claims you have or any claims of any third party relating to the application.

9. Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAILA LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KAILA LABS MAKES NO WARRANTY THAT: (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

10. Limitation of Liability

IN NO EVENT SHALL KAILA LABS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES; (III) ANY CONTENT OBTAINED FROM OUR SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify and hold harmless Kaila Labs and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of our Services, b) a breach of these Terms, or c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

12. Termination

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Changes to Service

We reserve the right to withdraw or amend our Services, and any service or material we provide via our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period.

15. Contact Us

If you have any questions about these Terms, please contact us at:

kailaconsulting@outlook.com