Terms of Use

TERMS OF USE

The terms of Use (“Terms of Use” or “Term(s)”) is a legally binding document between You and W3villa (as defined hereinafter). The Terms of Use will govern the relationship between You and W3villa for Your use of this kivo.ai website. PLEASE READ THE TERMS OF USE CAREFULLY. BY USING kivo.ai, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE kivo.ai. The Terms of Use may be amended/updated from time to time. We suggest that You regularly check the Terms of Use & Privacy Policy to apprise Yourself of any updates. Your continued use of kivo.ai or provision of data or information thereafter will imply Your unconditional acceptance of such updates to the Terms of Use.

The Terms of Use govern Your access to kivo.ai available on web-based, digital and electronic platforms. By using and accessing kivo.ai, Our users (hereinafter referred to as "You" "Your" "Yourself") agree to be bound by these Terms of Use. The terms "We" / "Us" / "Our" refer to W3villa. Capitalized terms used in the Terms of Use but not defined here shall have the meaning ascribed to them in the Privacy Policy.

CONTENT

kivo.ai allows You to create and assign tasks and associated information such as project names, team names, conversations, etc. ("Content") and share the Content with others. Although You retain and have full ownership to Your Content, once it is uploaded on kivo.ai, You grant Us full license to use, copy, reproduce, process, adapt, publish, transmit, host and display the Content on kivo.ai. We reserve the right to remove Content uploaded on kivo.ai that violates the Terms of Use or at Our discretion if we reasonably believe that the Content may create any financial or legal liability for Us.

YOUR OBLIGATIONS & COMMENT

The Company does not assume any obligation to monitor the information that you may post on its website.

You warrant that any information, Materials (the term “Material” is intended to cover all projects, files or other attachments sent to us) or comments other than personal data, that you may transmit to the W3villa through the kivo.ai website does not infringe intellectual property rights or any other applicable law. Such information, Materials or comments, will be treated as non-confidential and non proprietary. You warrant that any information, Materials or comments, that you may transmit to the W3villa through the kivo.ai website do not affect the integrity and/or the security of the website, and in particular, do not contain any virus, worms, Trojan horses and other potentially destructive programs.

By providing or uploading any information or material, you give the W3villa an unlimited and irrevocable license to use, copy, execute, show, display, modify and transmit such information, Material or comments, including any underlying idea, concept or know-how, in whole or in part, in any manner or medium. The W3villa reserves the right to use such information in any way it chooses.

Further by accessing the kivo.ai Website, You hereby agree not to

• upload any such content or initiate an such communication which are/may be unlawful, obscene, discriminatory, libelous, abusive or otherwise objectionable Socially, Morally or Legally
• Upload, email, transmit, post or otherwise make available any unsolicited or unauthorized advertising or promotional materials, junk mails, spam, chain letters, pyramid schemes or any other form or solicitation
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Undertake any illegal activity, including but not limited to violation of applicable laws or conspiring to violate laws
• Falsely state, impersonate or otherwise misrepresent your identity in any manner whatsoever including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present
• Stalk or otherwise harass other Users
• Collect or store personal data and content of other Users

Further while using and accessing the kivo.ai You agree that you shall also adhere to the following guidelines while uploading any content/material on kivo.ai:

• The content/material provided must be original and not copied from any third party resources
• If quotes are to be included that these must not exceed a paragraph and authorship must be attributed to the author of the paragraph
• The user is solely responsible for content/material provided to kivo.ai and undertakes that the content/material provided does not infringe any third party copyright or trade right
• The user agrees that content/material provided also does not violate any laws relating to communal harmony, defamation, and obscenity etc.
• The user agrees not to provide any content/material which may violate his company / institution / entity’s ethical/ legal guidelines/ code of conduct
• User agrees that kivo.ai is hereby authorized a non-exclusive license to publish the content so provided in any form whatsoever.
• You must provide, apart from your personal information, any file, data, information, materials or comments non-confidential and non-proprietary.
• You must not provide or upload any such data that may infringe any Property or intellectual rights causing any legal battle.
• User will be responsible for keeping their password confidential. User must notify Us immediately if they become aware of any unauthorized use of their account.
• User must be in compliance with Our Terms of Use and Privacy Policy at all times while using kivo.ai.
• Users must keep themselves updated with any change in the Privacy Policy & this Terms of Use visiting the website kivo.ai regularly.

USE OF SOFTWARE

kivo.ai can be accessed on electronic and digital platforms such as websites. The kivo.ai website may be designed for use on a specific mobile or operating system and therefore We recommend You for a compatibility check before signing up for Our services. Subject to Your compliance with Our Terms of Use, We will provide You with a limited, non-exclusive, non-transferable and revocable license to use kivo.ai, solely to avail services provided on kivo.ai. This license does not constitute a sale of the kivo.ai or any copy thereof, and W3villa retains all rights, title, and interest.

THIRD-PARTY APPLICATIONS

If You elect to use any third-party application then We may share or disclose Your account and Profile information and Your Content with the third party application as directed by You. However, We are not responsible for the privacy practices of such third parties so We recommend You to make sure You understand and trust their privacy practices.

LINKS FOR THIRD-PARTY WEBSITES

kivo.ai may be supported with links to the third party websites which are provided just for your convenience but the Company/W3villaor kivo.ai website does not imply any approval or endorsement by the company of the linked sites and such sites are beyond the control of the W3villa even if the linked company may contain the their logo. The W3villa cannot be held responsible for the content of any linked sites or any link contained in their sites. Therefore, the users are advised to use these links wisely and they should protect themselves against worms, Trojan horses, viruses and other harmful and destructive malwares and programs or any other potential threats in any other forms that may be present in the third party websites. While using any third party links or website available on kivo.ai, you are advised to and responsible for checking and complying with terms of use applicable to these third party websites.

SECURITY

We have implemented industry-standard technical and organizational security measures for the storage, processing, and transfer of Your Content and other personal information that is designed to protect the integrity of the Content and other personal information associated with Your account against unauthorized access and an unlawful interception.

INTELLECTUAL PROPERTY RIGHTS

All copyrights, trademarks, and patents associated with kivo.ai (excluding Content provided by users) are protected as intellectual properties owned by W3villa. The copyrights, trademarks, and patents associated with customers or Users or licensors are protected as intellectual properties owned by respective customers or Users or licensors. The design and technology used in kivo.ai to access it also constitute W3villa’s intellectual property. All intellectual properties will be the exclusive property of W3villa and its respective licensors. We respect the intellectual property rights of others and we expect the same from the users. We will respond to any notice of copyright, patent, design or trademark infringement if they are in compliance with applicable law and such notices should be reported to Our Agent which contains:

• An electronic or physical signature of the person authorized to act on behalf of the intellectual property owner;
• A description of the copyrighted or patented work, as the case may be, that You claim has been infringed;
• A description specifying the location on Our website of the material that You claim has been infringed;
• Your email address, Your mailing address, and Your contact number;
• A statement by You that You have a good faith belief that the disputed use is not authorized by copyright/ patent/ trademark owner, its agent, or the law.

INDEMNIFICATION

W3villa and its employees, officers, directors, contractors or agents responsible for the different Services of kivo.ai shall not be responsible for the authenticity of the Customer Data that You or any other user provide on kivo.ai. You agree to indemnify and hold harmless kivo.ai from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Your use of and access to kivo.ai, or from or in connection with any Content uploaded on kivo.ai Chat through Your account by a third party with Your knowledge or consent.

MODIFICATIONS

W3villa reserves the right to modify the website interface to be used to access, or any of the Terms and policies at any time and without any notice. Your continued use of kivo.ai constitutes Your acceptance of such modifications. If the modifications are not acceptable to You, Your only recourse is to cease using kivo.ai.

NO WARRANTY

All services provided on kivo.ai are offered on an "as is” and "as available" basis without any warranty whatsoever of any kind either expressed or implied. kivo.ai makes no representations, expressed or implied, including without limitation to implied warranties of merchantability, fitness for a particular purpose or non-infringement. The Company does not guarantee in any way uninterrupted access to the kivo.ai website. While the W3villa will use all reasonable efforts to provide reliable & authentic information through its kivo.ai website, the W3villa does not warrant that this website is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan horses and the like, or that its content is appropriate for your particular use or up to date, and the W3villa reserves the right to change the information at any time without notice. The Company does not warrant any results derived from the use of any material, including downloadable software, available on this site. We are not responsible for any third-party content downloaded by You or obtain via the use of the services provided on kivo.ai. We do not warrant, endorse, guarantee or assume responsibility for any third-party application or service that provides access to kivo.ai.

The information contained in this site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the W3villa. The Company will not be liable for any indirect, consequential or incidental damages, including but not limited to lost profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked site.

You are solely responsible for any use of the materials contained in this site.

TERMINATION

You may discontinue Your use of kivo.ai at any time. We reserve the right to suspend or end Your use of kivo.ai at any time at Our discretion without any notice. We may suspend Your subscription at any time if You are in breach of the Terms of Use or any other policy or if You are using kivo.ai in a way We believe may be detrimental to Us and cause financial or legal liability.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall kivo.ai, its affiliates, agents, employees, officers, directors or suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, kivo.ai, whether or not We have been warned of the possibility of such damages and even if a remedy fails of its essential purpose.

WAIVER AND SEVERABILITY

These Terms of Use constitute an entire agreement between You and W3villa for use of kivo.ai and replace any prior or contemporaneous agreements, terms or conditions applicable to Your use of kivo.ai. If any Term is found or held to be unenforceable, the rest of these Terms will continue to remain binding and an enforceable term will be substituted reflecting the original intent.

ASSIGNMENT

None of the Terms of Use nor any rights and licenses granted hereunder may be transferred or assigned by You but may be assigned by Us without any restriction. Any attempt to transfer or assignment of the Terms or rights and licenses hereunder by You shall be held null and void.

DISPUTE REDRESSAL AND JURISDICTION

Any controversy or claim arising out of or related to the Terms of Use shall be governed by Indian law. The Courts of Delhi will have exclusive jurisdiction.

NULLITY OF A PROVISION OR ANY TERM OF USE OR POLICY

If any term in this Terms of Use or Privacy Policy is, for any reason whatsoever, held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or terms of this Terms of Use and Privacy policy.

CONTACT

For any further questions about the Privacy Policy or Our Terms of Use please contact us.