This End-User License Agreement ("Agreement") is a legal agreement between you (the "User") and «KAFKA AI LP» (hereinafter “Kato AI”) regarding the terms and conditions for use of all software developed, marketed and made available by Kato AI (the term «Software» includes the website, the application, the data, information and capabilities that are available through the use of the Software). By downloading installing, accessing or using the Software you agree to the current terms and conditions of use and the relevant data protection policies.

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1. The Software

1.1. Kato AI is developed and owned by a limited partnership named “KAFKA AI LP” with the main office located in Greece (VAT no. 802307204) (hereinafter: «Kato AI»). Kato AI has developed a mobile application that utilizes AI technology and neural networks in order to provide its Users an AI-powered assistance on social interactions. Kato AI operates as a tool that enhances and allows you to interact and communicate better with other people by providing you suggestions, prompts and options that the User selects in order to better communicate in a social interaction. However, Kato AI does not choose or define the interaction, the results of each interaction or the reaction of the recipient of each message. The User has the sole responsibility of selecting and communicating his intentions and thoughts to other people and Kato AI bears no responsibility for the consequences of the interaction between the User and other people. Kato AI was founded by experienced entrepreneurs in the field of technology and AI to create a new generation tool to assist and facilitate social interactions.
1.2. Make sure to familiarize yourselves with the provisions included in this agreement. Further use, access and browsing of the Software and any applications contained therein shall constitute your express and unreserved consent and agreement to these terms and conditions.

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2. Services Offered

2.1. Subject to the terms of this Agreement, the Company grants the User a limited, non-exclusive, non-transferable license to use the Software solely for personal, non-commercial purposes on compatible devices owned or controlled by the User, in accordance with the Google Play Store's terms of service.
2.2. Kato AI is equipped with the necessary infrastructure, human capital, experience, skills and specialized knowledge to offer the services mentioned above.
2.3. Kato AI may provide updates, enhancements, or modifications to the Software, including bug fixes and additional features, as deemed necessary in its sole discretion. The User acknowledges and agrees that Kato AI may update and alter in any way the Software at its discretion and that this Agreement shall apply regardless of any such updates.
2.4. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Software and the services offered by the Software.
2.5. The use of the Software and the services therein provided may be revoked to a specific User if the User violates any of the herein described terms of use of any legal provisions applicable to a specific interaction.
2.6. We cannot guarantee the Software and all related services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Software or infrastructure, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Software at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
2.7. The Software may not be used by minors, meaning persons under the age of 18 years or you are considered by law a minor in the jurisdiction in which you reside.
2.8. The User may not access the Services through automated or non-human means, whether through a bot, script or otherwise or use the Services for any illegal or unauthorized purpose.

3. User Registration and Login

3.1. Each User in order to use the services of the application is required to register, thus acquiring a unique User name and password. By using these details and after entering the application interface, the authorized User, can have access to the Kato AI services as described in the designated document.
3.2. The User accepts and declares that he enters the true and accurate information required by the Software's electronic data entry system, at all stages of the process, and accepts that the provision of inaccurate and/or untrue and/or incomplete information is solely his responsibility and has no consequences for Kato AI. Necessary condition for signing up is the acceptance of the current agreement by the User.
3.3. The User accepts that any data stored locally on hardware of Kato AI or in remote servers in use by Kato AI fully proves before any court or authority the activities, actions and declarations of the User and of any third party he represents, concerning the use of the Software and all other relevant circumstances.
3.4. The User is solely responsible for the e-mail address (e-mail) they provide, which is under his complete and exclusive control. Kato AI is not responsible for any damage to the User from any third party access to his e-mail. In the event that the electronic address (e-mail), which was initially declared by the User, is compromised in any manner or the User wishes to change it, then the User must inform the technical support of Kato AI, stating at the same time the new electronic address (e-mail). This update can be carried out either by the User's application on the website, or through the Technical Support Department of Kato AI (info.katoai@gmail.com ). Kato AI reserves the right to ask the User for further supporting documents to confirm that the User is the legal owner of the e-mail address declared by them or has the permission for its use by the legal owner thereof. In case the User refuses to send the required supporting documents, or Kato AI finds that the User is not the legal owner of the e-mail address, Kato AI reserves the right to delete the User from the Software without notice.
3.5. In case of interception of the password, the User must immediately notify in writing the Information Security Officer of Kato AI following the specific instructions provided through the Software. The User must constantly implement the necessary safety procedures and measures and take any other necessary due diligence measures to ensure that their identification information is not compromised. Among other things, they must constantly apply and observe the following measures:
3.6. Users must only use their own username to access the systems, electronic communications networks and services of Kato AI.
The Software is prohibited to be used by Users:
3.6.1. For the distribution, processing or storage of content with a racist, xenophobic, abusive, intolerant, offensive, religious or ethnic character, as well as for the distribution, processing or storage of pornographic material in the form of text or images or films, electronic games, or other any form of illegal in general, unacceptable and harmful content.
3.6.2. For the distribution of commercial or personal advertisements and the promotion of products other than those legally available to Kato AI, without Kato AI prior written permission.
3.6.3. To handle bulk electronic mail (SPAM). Anyone who receives such material should immediately inform the Security Officer of Kato AI.
3.6.4. For acts or attempts of unauthorized access to data of other network Users.
3.6.5. For attempts / actions to exploit or correct security gaps of network resources, User computers, servers and applications of Kato AI or another User.
3.6.6. In order for Users to mislead anyone as to the origin of the Software's content or to damage in any way the reputation of Kato AI or third parties.
3.6.7. In order for the Users to endanger the security of the Kato AI network.
3.6.8. In order for Users to prevent anyone from accessing the Services or to assist them in bypassing their authentication.
3.6.9. In order for Users to promote and/or make available content that contains malicious software or computer programs designed to interfere with, destroy or limit the operation of any software or telecommunications equipment or prevent other Users from using Kato AI’s services.
3.6.10. For Users to disrupt the smooth operation of networks and, in general, to undermine and degrade the security level of KATO AI Systems.
3.6.11. For Users to intentionally or unintentionally violate applicable laws or regulations.
3.7. In general, the use of the application, electronic platform and services of KATO AI is not permitted to traffic material that in any way violates applicable laws and regulations.
3.8. Whenever the User becomes aware of improper or illegal behavior and use of the systems, networks, applications and services, or any system security gap, which endangers the privacy of communications, the User is obliged to immediately notify the Security Officer of Kato AI. In case of violation of the above conditions, Kato AI reserves the right to take legal measures, in particular the termination of access to its services.

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4. Payment of services

4.1. All electronic payments of the Users are processed by the Google Play’s payments services as in-app purchases of digital goods.
4.2. The transaction is completely governed by the terms and conditions applicable under Google Play’s payments terms and conditions as well as the User’s selected Financial institution, electronic money institution or payment institution. and the  provider cooperating Google Play’s payments has taken every possible measure to protect the transactions carried out by its software and in general the Google Play framework as well as the automated electronic communications network involved in financial transactions and electronic payments.
4.3. All purchases are non-refundable. In any occasion that a refund is due all relevant process shall be executed by Google Play’s terms and conditions.
4.4. Most services provided by Kato AI is calculated with the use of Tokens. A token for Kato AI is defined as a single unit of operation within the app, which may include, but is not limited to, actions such as queries, API calls, transactions, and its purpose is as a measure of usage as determined by our software.
4.5. The Fair Usage Policy is designed to ensure that all users can enjoy and benefit from the services provided under our Unlimited Package. The Unlimited Package is intended to provide extensive access to our services while maintaining the quality and reliability of our Software for all users.
4.6. Token Limitation. Although the Unlimited Package is advertised as "unlimited," it is subject to a fair usage limit of 750 tokens per billing cycle. This limitation ensures that the system remains available and responsive to all users.
4.7. Monitoring and Enforcement. Usage of the Unlimited Package will be monitored on a continuous basis to ensure compliance with this Policy. If your usage exceeds 750 tokens in a billing cycle, we reserve the right to take appropriate actions in our discretion, which may include but are not limited to, throttling your usage, temporarily suspending your account, or transitioning you to a higher tier of service that better matches your usage pattern.
4.8. Notification of Excessive Use. In the event that your usage approaches the 750 token limit, you will be notified via email or within the app to help you manage your usage and avoid exceeding the fair usage limit.
4.9. Changes to the Fair Usage Policy. We reserve the right to modify this Policy at any time. Any changes to this Policy will be communicated to you via email or through a notification within the app. Your continued use of the Unlimited Package after such changes have been communicated constitutes your acceptance of the revised Policy.

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5. Termination of the Provision of Services by Kato AI

5.1 After any termination of membership of Kato AI (e.g. withdrawal, exclusion or deletion), Kato AI has the right to delete all the information and data concerning the User who ceased to belong to Kato AI, as well as the login information of the former User.
5.2. Kato AI may elect to keep the data and files of the former User.
5.3. All cancelations made by Users are effective starting the 1st of the month following the cancelation notice.
5.4. In case of extraordinary issues leading to the winding up of the legal personhood of Kato AI will not affect the User’s obligation for purchased made and may not make Kato AI liable for any non-performance of future services.
5.5. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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6. Communication

6.1. Any communication with Kato AI may be made in the following ways:
- by email to the email address info.katoai@gmail.com.

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7. Confidentiality

7.1. Throughout the use and browsing of the Software, but also after its termination in any way, the User, the members of Kato AI and the third natural persons Users of the Software must strictly ensure the confidential nature of any and all confidential information received or informed in the context of or on the occasion of their relation with Kato AI, as well as not to make any announcement or publication to third parties of any information that they attain with the use of the Software, as well as more generally data relating to trade secrets, know-how, financial and other activities or organization of the persons using the Software.
7.2. Confidential Information is defined as all confidential information, which concerns the technical, organizational and commercial operation of Kato AI and the members of Kato AI and the organizational structure of these natural and legal persons, including the information that constituted or constitutes professional secrets, know-how, commercial and industrial secrets of these persons (indicative of products, techniques, promotion strategies, invoices, etc.). Such information constitutes Confidential Information even if it is not expressly referred to as confidential.

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8. Intellectual Property Rights

8.1. All intellectual or industrial property rights related to the Software, the application, the website, the database, the services provided and anything created by Kato AI for the provision of Services and which generally concern the Services and its activity, belong exclusively to Kato AI. It is prohibited to reproduce, copy, convert, adapt, arrange, distribute, announce, display, present, transfer, process, resale or create derivative work based on or in relation to the content of the Software, as well as to mislead the public about the actual provider of the content available in the Software. Any reproduction, republishing, uploading, announcement, dissemination or transmission or any other use of the Content in any way or medium for commercial or other purposes is permitted only with the prior written permission of Kato AI itself or any other holder of the respective copyrights and industrial property rights.
8.2. Any and all intellectual or industrial property rights, brands, logos related to the members of Kato AI and of the Users belong exclusively to them, as long as they are legal beneficiaries.
8.3. Users are expressly prohibited from (1) selling, transmitting, hosting, or otherwise commercially exploiting the Software, (2) copying or using the Software for any purposes other than personal, non-commercial use or (3) modifying, decrypting, reverse compiling, reverse engineering, or attempting to derive the source code of the Software, except to the extent expressly permitted by applicable law.
8.4. With the use of the Software the Users may create content, including but not limited to text and images. Kato AI may not claim intellectual property on User created content. However, by using the Software, Users grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content for the purposes of operating and improving the Software.
8.5. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User created content; (2) to re-categorize any User created content to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any User created content at any time and for any reason, without notice. We have no obligation to monitor your User created content.

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9. Security

9.1. Kato AI recognizes the importance of the security of Personal Data, as well as the need for secure electronic interactions, and has undertaken all the necessary procedures to ensure the security of all data and interactions that occur with the use of the Software. Although Kato AI makes every effort to protect the User from digital viruses and malicious content, it cannot guarantee that it will be able to completely safeguard the User. Therefore, each User must take care of his own protection (use of antivirus, virus scanner or other protection systems) before using the electronic platform or storing information, software or content thereof on his hardware.
9.2. We care about data privacy and security. Please review our Privacy Policy available for download in App.

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10. Feedback

10.1. The Company welcomes and encourages feedback, comments, and suggestions regarding the Software. By providing feedback or suggestions, the User acknowledges and agrees that the Company may use such information without any obligation to provide compensation or credit to the User.

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11. Dispute Resolution

11.1. These Terms are governed by Greek law.
11.2. Any dispute or conflict concerning, for example, the interpretation or application, execution, termination or termination of the Terms of Use and in general the use of the Kato AI Software with any User of the Software, as long as it cannot be resolved out of court, or amicably, it will be subject exclusively to the competent Courts of Thessaloniki.

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12. Force Majeure

12.1. Kato AI is not responsible for a breach of these Terms due to force majeure, as well as for any delays or inability to comply with its obligations caused by circumstances beyond its control, such as indicative extreme weather events, earthquakes, floods, fires, emergency situations , disasters, strikes within the Greek Territory or outside, wars, acts of terrorism, suspension of business operations, pandemics, mechanical breakdowns and in general, any incident that does not allow the execution of the Services.

 

13. Final Terms

13.1. In case of initial or consequential invalidity of one of these provisions, the validity of the remaining terms and agreements is not affected.
13.2. In the event that any of the provisions hereof may be interpreted in more than one way, one of which may render the provision void, voidable or unenforceable, such provision shall be interpreted in the manner that renders it valid and enforceable.
13.3. Any omission or delay of Kato AI to exercise its rights deriving from the Terms or to demand from the User full compliance with the Terms does not constitute a waiver of his respective claims.
13.4. According to the changes in the economic and business policy of Kato AI may revise the provisions of this License agreement and Privacy Policy. In this case, the changes, modifications, additions or deletions to the Terms will take effect immediately from their notification, which can be given by any means including, but not limited to, the location of the updated document of the Terms on the website of Kato AI. The revised version will be effective at the time of publication unless otherwise noted.

Last updated: June 2024