This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and koolio.ai. This contract sets out your rights and responsibilities when you use www.koolio.ai (“Site”), the content therein (“Content”), and attendant services (“Services”). Please read them carefully
We may amend the Terms at any time by posting a revised version on our Site. The revised version will be effective at the time we post it, and your continued use of our website is deemed to be acceptance of such changes, so please check periodically for updates.
You are granted a non-exclusive, limited, and revocable license to access the site and use its functionality on the condition that:
(a) You are over the age of 18;
(b) You only use the Site for lawful purposes;
(c) You do not engage in any improper, indecent, or offensive behavior while using the Site;
(d) You are not breaking any law in your relevant jurisdiction by accessing this Site.
To use some aspects of the Services, you must register for an account (an "Account"). Registration data and certain other information about you and your Account are governed by our Privacy Policy. You will not: (a) select or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person (including, without limitation, copyrights or trademarks) other than you without appropriate authorization; or (c) use, as a username, a name that we reasonably consider is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Although koolio.ai is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
In case we receive a written claim against you claiming that your User Content infringes upon individual rights, we may contact you to address the claim and give you the opportunity to solve it directly with the claimant. We may also give you the opportunity to challenge such claim and provide your defense. Please note, however, that we reserve the right to decide on whether or not your User Content breaches our Terms and Conditions. Our decision is final and cannot be appealed and may result in the removal of your content, the suspension or the cancellation of your account, as well as, in the most serious cases and if permitted by law, the referral of the case to the relevant criminal authorities.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at info@koolio.ai . You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or its Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
These Terms explicitly consolidate our own. By consenting to these Terms, you likewise consent to the terms set out in our Privacy Policy. All close to home data given through your utilization of this Site will be taken care of as per our Privacy Policy.
koolio.ai ensures the protection and honesty of the data it gathers by utilizing fitting authoritative conventions, specialized shields, and actual security controls intended to restrict access, identify and forestall the unapproved access, inappropriate divulgence, adjustment, or obliteration of the data under its influence.
All services available on the Site are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All koolio.ai trademarks and service marks, logos, slogans and taglines are the property of koolio.ai. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site or through the Services without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Users will be provided with a limited introductory offering that will allow them to record, edit, and publish a limited amount of recordings as further specified on the Site during the signup process. After consuming the limited introductory offering, users will be required to pay the fees for the applicable subscription package they select, all of which will be outlined on the Site. All fees are payable in US dollars and are billed on a monthly basis.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Site by users ("User Content"), is the sole responsibility of such users. This means that the user and not koolio.ai are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. koolio.ai does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will koolio.ai be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
koolio.ai does not in any way own a license to the content uploaded by the user. koolio.ai only assists the user in manipulating his/her/its audio recording that is uploaded via audio file or recorded directly. In addition to that koolio.ai will not in any way display or distribute the user’s content. User herein acknowledges that koolio.ai can only get a license for content ONLY for the sole reason of assisting the user with a solution to modify and clean up his/her/its content and improve it.
This Site (including User Content) may contain links to other websites that are not owned or controlled by koolio.ai. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by koolio.ai of that third party, third party product or service. koolio.ai is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Site of a link to any other website(s) does not imply that koolio.ai endorses or accepts any responsibility for the content or use of such websites, and you hereby release koolio.ai from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
koolio.ai reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your services and your access to the Site in whole or in part at any time, for any reason, without notice (unless required by law).
In no event will koolio.ai be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site or any materials or content available through the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not koolio.ai has been informed of the possibility of damage.
You agree that you will be responsible for your use of the Site, and you agree to defend and indemnify koolio.ai from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Site; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.