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Terms and Conditions

Overview

Last updated: January 1st, 2024

All visitors, users, and others accessing or using the Application Services must read these “Terms of Service” (“Terms”) carefully before using the Application Services operated by Kuro AI. (“KURO,” “us,” “we”). The “Application Services” Kuro AI (the “Service(s)”) means the websites, apps, software, programming interfaces, tools, features, and functionality accessed or used via kuro-ai.com or the “Kuro AI” app, or marketed, advertised, or marked by KURO with the name “Kuro AI.”

As a visitor, user, or other individual or entity accessing or using the Services (“user(s)” or “you”), your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of the Terms, then you may not access or use the Service.

If you use the Service on behalf of an entity then “you” includes you and that entity, and you represent and warrant that: (i) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (ii) you agree to these Terms on the entity’s behalf.

Arbitration Notice

EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 18 (DISPUTE RESOLUTION AND ARBITRATION), YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND KURO AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

ACCEPTANCE OF TERMS – CHANGE OF TERMS

Before utilizing any of the provided features, it is imperative that you agree to the terms outlined in this document. By accessing and using these features, you explicitly affirm your complete and irrevocable acceptance of these terms.

Additionally, you acknowledge and provide consent for the processing of personal data and electronic communications within our platform or through the utilization of these features, in strict accordance with our data privacy policy. The comprehensive details of our data privacy policy can be found at https://kuro-ai.com/privacy-policy/.

We retain the prerogative, at our sole discretion, to amend or replace these terms at any juncture. The most current rendition of these terms will be made available on the platform. It is your responsibility to peruse and acquaint yourself with any such modifications.

Continued use of all or any portion of the features and/or the platform shall be construed as acceptance of any and all modifications and revisions to these terms.

Data

Kuro AI exclusively retains the prompts and images submitted by users. Your data is not stored in any form, and it is not utilized for training Kuro AI in any manner. While we upload the data to our servers to execute the Machine Learning model and provide results, it is neither saved nor reproducible

User’s eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

You also represent and warrant that you are legally authorized in your jurisdiction to use the Features and to interact with the Features in any way. Finally, you represent and warrant that you are solely responsible for compliance with all applicable laws in your jurisdiction, and release Mee6 from any liability in this regard.

Account Registration

Users may also use certain services or functionalities without registering or creating a User account; however, this may result in limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and secure. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform Kuro AI via the contact details indicated in this document if they believe their personal information, including but not limited to User accounts, access credentials, or personal data, have been violated, unduly disclosed, or stolen.

Kuro AI cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Provider

Unless specified otherwise in these Terms or on the Platform, the Platform is operated, the License is granted, and the Features are offered by Kuro AI.

Duration of and access to the Features and the License

Duration

Subscriptions

Subscriptions allow Users to access the Features continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Owner. To maintain paid subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so will result in service interruptions or termination of access to the Features.

Fixed-term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or specified during the purchasing process. After the subscription period expires, access to the Features will no longer be available unless the User renews the subscription by paying the relevant fee. Fixed-term subscriptions may be terminated prematurely in accordance with these Terms. The “lifetime” subscription involves a one-time payment for subscription fees, granting the User access to and use of the Features as described on the Website for a fixed period that shall not exceed the User’s life.

Automatic Renewal

Subscriptions are automatically renewed using the payment method selected during purchase, unless the User cancels the subscription within the termination deadlines specified in the relevant section of these Terms and/or the Website. The renewed subscription will last for a period equal to the original term.

Termination by Kuro AI

Kuro AI may terminate, suspend, or limit your use of the Features at any time without liability if: (a) you fail to pay the relevant fees; (b) we reasonably suspect breach of these Terms or other provisions; (c) required by applicable law, regulation, court, or authority; (d) security concerns or fraudulent/unauthorized use; (e) to protect our reputation. No payment, compensation, or damages will be provided by Kuro AI for suspension, limitation, or termination due to breach.

Termination by User

Access to the Features and License remains in effect until termination’s effective date. No refund of fees for past use of Features will be granted. Your own breach cannot be invoked to request early termination.

Consequences of Termination

Upon termination, you lose entitlement to use the Features and the License. If fees haven’t been fully paid before termination, you’ll be required to pay them. No refund of fees will be granted even for terminated subscriptions, including “lifetime” subscriptions. Upon termination, License rights cease, and you must cease use of the Bot and related Features.

Account Termination Users can stop using the Features and terminate their account anytime by contacting Kuro AI . Your breach or inaccuracy of statements cannot be used to request early termination.

Details

The usage of the app is billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly, yearly, or half-yearly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it. You may cancel your Subscription renewal at any time either through your account.

A valid payment method, including credit card, is required to process the payment for your Subscription.

Loss of Access and Benefits Upon Initiating a Dispute

By initiating a dispute under these Terms, the User automatically and unconditionally agrees to the immediate and irrevocable loss of all rights, benefits, memberships, accumulated Krystals, and any other access or privileges associated with their account. This loss takes effect regardless of the outcome of the dispute resolution. By opening a dispute, the User forfeits any right to claim benefits, Krystals, or access to their account, thereby accepting the termination of their relationship with the service in question.

Refunds

Kuro AI does not process refunds for subscriptions or Krystals since it is a digital service, and as such, we do not offer this type of refunds.

Software Licence

In consideration for your subscription, Kuro AI grants you a limited, non-exclusive, non-transferable, non-sublicensable license for the duration of your commitment to the Kuro AI Software and its updates (the “License”) in order to use, install, and run the Kuro AI Software licensed hereunder solely for your own purposes.

The License is conditional upon the regular payment of the subscription fees for access to the Features, as referred. To use the License, the User must register or log into the Platform.

You acknowledge and agree that the Kuro AI Software, including its sequence, structure, organization, and source code, constitutes valuable intellectual property rights, including copyrights, trademarks, service marks, trade secrets, patents, patent applications, contractual rights of confidentiality, or any other intellectual property or exclusive rights, which are owned by Kuro AI or its suppliers. The Kuro AI Software is licensed, not sold to you, and no title or ownership of the Kuro AI or any related intellectual property rights are being transferred under the Terms or any other agreement. The Kuro AI Software shall remain the sole property of itself and all related rights, titles, and interests not expressly granted to the Customer by the Terms are reserved to Kuro AI.

Nothing in these Terms shall be deemed to grant, on any basis, a license under any existing or future patents. You acknowledge and agree that in the course of providing the Features, Kuro AI may create other software and other intellectual works that are wholly owned by Kuro AI.

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Intellectual Property

Content on this Website

Unless specified otherwise or clearly recognizable, all content available on this Website is owned or provided by Kuro AI or its licensors. Kuro AI undertakes its utmost effort to ensure that the content provided on this Website does not infringe any applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details.

Rights regarding content on this Website – All rights reserved

Kuro AI holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Features. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Website or through the Features, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy, and/or share some content available through this Website for their sole personal and non-commercial use, provided that the copyright attributions and all other attributions requested by Kuro AI are correctly implemented. Any applicable statutory limitation or exception to copyright shall remain unaffected.

Content provided by Users

Kuro AI allows Users to upload, share, or provide their own content to this Website. By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users of this website acknowledge and accept that by contributing their own content, including images, they grant Kuro AI a non-exclusive, fully paid-up, and royalty-free license to process and utilize such content solely for the purpose of operating and maintaining the website as contractually required. This license extends to members of the Premium and Ultra membership tiers, allowing them commercial usage rights for the content they create and use within the scope of their membership.

However, it is important to clarify that while Premium and Ultra members have commercial usage rights, the exclusive ownership of all images provided through this website remains with Kuro AI. This includes the right to use, promote, sell, or engage in any other activities related to the images. By providing content through this website, users acknowledge, accept, and confirm that their contributions are subject to these terms and conditions.

Furthermore, to the extent permitted by applicable law, users waive any moral rights they might have in connection with the content they provide on the website. This ensures that Kuro AI and its users can effectively utilize the content within the framework of the website’s operation and the membership tiers.

Users acknowledge, accept, and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and accept that Kuro AI does not filter or moderate such content. However, Kuro AI reserves the right to remove, delete, block, or rectify such content at its own discretion and, without prior notice, deny the uploading User access to this Website:

• if any complaint based on such content is received;

• if a notice of infringement of intellectual property rights is received;

• upon the order of a public authority; or

• where Kuro AI is made aware that the content, while being accessible via this Website, may represent a risk for Users, third parties, and/or the availability of the Service.

The removal, deletion, blocking, or rectification of content shall not entitle Users who have provided such content or who are liable for it to any claims for compensation, damages, or reimbursement. Users agree to hold Kuro AI harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that Kuro AI has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

In particular, on this Website, Users may see advertisements provided by third parties. Kuro AI does not control or moderate the advertisements displayed via this Website. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement. Kuro AI is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms, and applicable law. Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations, or third-party rights. Therefore, Kuro AI reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations, and/or these Terms;

• infringe any third-party rights;

• considerably impair Kuro AI’s legitimate interests;

• offend Kuro AI or any third party.

User Responsibility for Copyright Infringement

Users are solely responsible for ensuring that their content does not infringe on any copyrights or other intellectual property rights of third parties. Creating content based on copyrighted characters, such as those from popular anime, without permission, may constitute a violation of intellectual property rights.

If you believe that any content on our platform infringes upon your copyright or other intellectual property rights, please contact us immediately at [email protected]. Upon receiving a valid complaint, we will promptly investigate and remove the infringing content to comply with intellectual property laws.

By using our platform, users agree to these terms and acknowledge their responsibility to respect the intellectual property rights of others.

Termination

Kuro AI, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Kuro AI service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Kuro AI reserves the right to refuse service to anyone for any reason at any time.

Prices

Prices on the Platform are displayed including all applicable fees, taxes and costs.

Offers and discounts

Kuro AI may offer discounts or provide special offers for the purchase of Features. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the Platform.

Offers and discounts are always granted at Kuro AI’s sole discretion. Repeated or recurring offers or discounts create no claim, title, or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the timezone specified on the Platform.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

All payments are independently processed through third-party services. Therefore, the Platform does not collect any payment information, such as credit card details, but only receives a notification once the payment has been successfully completed.

If payment through the available methods fails or is refused by the payment service provider, Kuro AI shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Content Generation and User Conduct Policy

Content Restrictions

Kuro AI is committed to maintaining a safe and lawful environment for all users. To this end, we strictly prohibit the generation, sharing, or uploading of any images that may violate laws or are implicitly related to minors. Specifically:

  • Prohibited Image Generations: The generation of photorealistic images depicting minors, in any context, is strictly forbidden. All sexual depictions of minors are prohibited, including anime genres such as loli and shotacon.
  • Content promoting illegal or violent activities, including, but not limited to:
    • child abuse and exploitation
    • rape and domestic abuse
    • illegal substances or product sales requiring permits/licenses (e.g., pharmaceuticals, narcotics, firearms)
    • fraud, deception, or false impersonation
    • brutal fights, graphic injuries, or human death
    • graphic violence or bestiality
    • Sexual exploitation or abuse of minors in any form, including depictions that involve minors in inappropriate contexts
  • Content depicting scat, fecal matter, gaseous emission, object or lifeform being ejected from an anus, or coprophagia (the ingestion of fecal matter).
  • Content falsely labeled as having been created or endorsed by another creator, or impersonates another creator on the Service. For additional information about how content is moderated, please review our Content Moderation Policy. Any content that violates one of the following terms above but has been self-censored using black bars, blurring, or other means may also be flagged or removed.
  • Legality: Users must ensure that all content generated, shared, or uploaded does not infringe upon any laws, including but not limited to copyright laws, privacy rights, and laws against obscenity, child exploitation, and hate speech.
  • Celebrity NSFW – “Adult”, Not Safe For Work (NSFW) or lewd pictures of real-world people is not permitted or any kind of realistic models.
  • Compliance: Users are responsible for ensuring that their use of Kuro AI’s services, including image generation and chat functionalities in our “Tavern,” complies with all applicable laws and these Terms of Service.
  • Deep Fakes or Face Swap is not permitted.

User’s Responsibility

Users are solely responsible for the content they generate, share, or discuss within Kuro AI’s platform, including but not limited to the images generated using our services and the conversations held in our “Tavern” chat feature. Users must:

  • Abide by Content Restrictions: Adhere to all content restrictions as outlined in these Terms, ensuring that no prohibited or illegal content is created, shared, or discussed.
  • Assume Liability: Users acknowledge and accept that they are fully responsible for the content they generate and the interactions they partake in within Kuro AI’s platform. This includes taking full responsibility for ensuring the content does not violate the Content Restrictions section of these Terms.
  • Report Violations: Users are encouraged to report any content or behavior that violates these Terms to Kuro AI administrators. Kuro AI reserves the right to take appropriate action against any user found to be in violation of these Terms, including but not limited to suspension or termination of service.
  • Third-Party Websites and Imported Materials Third-Party Websites and Imported Materials: Users may have the ability to import materials or content from third-party websites or sources when generating images or engaging in activities within Kuro AI’s platform. By using such materials, users represent and warrant that they have obtained all necessary permissions and rights to use these materials in accordance with all applicable laws and regulations. Users acknowledge and agree that they are solely responsible for ensuring the legality of using imported materials and shall bear all liability for the generation of images with such materials. Kuro AI assumes no responsibility for the users’ use of materials from third-party sources and any legal issues arising from such use are the sole responsibility of the user.
  • Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    • harass, threaten, demean, embarrass, bully, or otherwise harm any other User;
    • violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    • access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Civitai;
    • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    • interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another User; (iii) collecting personal information about another User or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
    • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
    • attempt to do any of the acts described in this Section (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section (Prohibited Conduct).
  • Users acknowledge that they are fully responsible for any content they create or share on Kuro AI’s plataform. Kuro AI cannot be held liable for user-generated content that violates third-party policies, such as those of payment processors. Should any user-generated content result in a breach of these payment processors’ policies, Kuro AI reserves the right to suspend or terminate user accoutns and inform, which may lead to the suspension or cancellation of user account.
  • Intellectual Property Rights Protection:
    • Respect of Third Party Rights. Kuro AI respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks Users to do the same. Infringing activity will not be tolerated on our through the Service.

By using Kuro AI’s services, users agree to these Terms and accept full responsibility for their actions and the content they produce. Kuro AI is dedicated to providing a creative and safe platform for all users but relies on the user community to uphold these standards.

Nature of AI-Generated Chats

The chats and interactions provided through our platform, including those available at https://kuro-ai.com/tavern/, are generated by artificial intelligence and are entirely fictitious.

Disclaimer of Real-World Relevance

  • Fictional Content: All dialogues, interactions, and responses generated by our AI are purely for entertainment and development purposes. They do not represent real-world advice, opinions, or statements of fact.
  • No Real-World Validity: Users must understand that the content generated by the AI in these chats has no validity in the real world. It should not be relied upon for any real-world decisions, actions, or beliefs.
  • Entertainment and Development Use Only: The AI-generated content is intended solely as a method of entertainment and for user development within the scope of the platform. Users are advised to treat all interactions as fictional and not applicable to real-life situations.

By using the chat features on our platform, users agree to these terms and acknowledge that the content generated by AI does not hold any real-world relevance or validity. Additionally, users confirm that all images shared within the chats adhere to the established terms of service, ensuring a safe and compliant environment for all users.

Content Generation and User Conduct Policy: Users must be aware that all image generations are subject to the Content Generation and User Conduct Policy and User’s Responsibility sections of our Terms of Service. Any characters created by users are their own responsibility, including any issues related to intellectual property rights. While users are responsible for these creations, they grant us permission to host such content on our services, even though they remain solely responsible for any potential legal implications.

Characters created within the Tavern are always generated by the community, and the users who create them are solely responsible for any issues, including those related to intellectual property. Although these creations are hosted on our servers, Kuro AI is not liable for any potential misuse, copyright infringement, or illegal activities that may arise from these creations. We do not take responsibility for any harmful consequences, and users acknowledge that they are solely accountable for their content. If such content is reported, it will be promptly removed from our website. By contacting us at [email protected].

Age-Restricted:

Kuro AI is a platform that is accessible only to users who are 18 years of age or older. The age restriction is in place to comply with applicable regulations and to ensure a safe and responsible environment for all users. Our content is focused on responsible and creative AI usage within the bounds of legal and ethical standards. Users found violating this policy will have their content promptly removed, and their accounts may be suspended or terminated. or any concerns or to report inappropriate content, please contact us at [email protected].

Authorization for future PayPal and Stripe payments

If Users grant authorization for the PayPal or Stripe feature that enables future purchases, the Platform will retain an identification code associated with the Users’ PayPal/Stripe account. This authorization will allow the Platform to automatically handle payments for upcoming purchases or recurring installments of previous purchases.

Users have the ability to revoke this authorization at any time. This can be done by either getting in touch with the Owner or by adjusting the user settings provided by PayPal or Stripe.

Retention of usage rights

Users do not acquire any rights to use the purchased Features (including any product or good) until the total purchase price is received by the Owner.

Changes to these Terms

We reserve the right, at our sole discretion, 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 Service 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 the Service.

Disclaimer

Your utilization of the Service is undertaken solely at your own risk. The Service is presented on an “AS IS” and “AS AVAILABLE” basis. The Service is made available without any forms of warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Kuro AI, its subsidiaries, affiliates, and licensors do not provide any warranty that a) the Service will operate without interruption, securely, or be available at any specific time or location; b) any errors or defects will be rectified; c) the Service is devoid of viruses or other harmful components; or d) the outcomes of using the Service will satisfy your stipulated requirements.

Indemnification

You hereby agree to defend, indemnify, and hold harmless Kuro AI, its licensees, and licensors, as well as their employees, contractors, agents, officers, and directors, from any and all claims, damages, obligations, losses, liabilities, costs, or debts, including but not limited to attorney’s fees, arising from a) your use and access of the Service, whether by you or any individual using your account and password, or b) a violation of these Terms.

Kuro AI will release the Customer from any liability to third parties resulting from the Service’s infringement of any United States patent, copyright, or misappropriation of any trade secret, provided Kuro AI is promptly informed of any threats, claims, and legal proceedings related to such matters and given reasonable assistance and the opportunity to assume sole control over defense and settlement. Kuro AI will not be held responsible for any settlement that it has not approved in writing. These obligations do not apply in cases where (i) the portions or components of the Service were not provided by Kuro AI, (ii) they were created according to Customer specifications, (iii) they were modified after delivery, (iv) they were combined with other products, processes, or materials leading to alleged infringement related to that combination, (v) Customer continues alleged infringing activity despite notifications or information about modifications that could have prevented the alleged infringement, or (vi) Customer’s use of the Service deviates from the terms of this Agreement. If the Services are deemed to be infringing due to a court ruling by a competent jurisdiction or are believed to be infringing by Kuro AI, Kuro AI may, at its discretion and expense, (a) modify or replace the Service to be non-infringing while maintaining substantially similar features and functionality, (b) secure a license for Customer to continue using the Service, or (c) if neither of the above options is commercially viable, terminate this Agreement and Customer’s rights under it.

Links to Other Web Sites

Our Service may include links to third-party websites or services that are not owned or controlled by Kuro AI.

Kuro AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or guarantee the accuracy, completeness, or quality of the offerings provided by these entities or individuals.

You acknowledge and agree that Kuro AI shall not be held responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

We strongly recommend that you review the terms and conditions as well as the privacy policies of any third-party websites or services you visit.

Copyright Infringement

We do not permit the use of any content that infringes upon copyright. Unauthorized use of copyrighted content owned by others, without proper authorization or a legally valid reason, may result in a violation of Kuro AI’s policies.

However, it’s important to note that not all uses of copyrighted content constitute infringement. Many countries have exceptions to copyright infringement that allow the use of such content under specific circumstances without requiring authorization. These exceptions include the fair use doctrine in the United States and acts of fair dealing in the European Union, as well as equivalent exceptions under relevant local laws in other countries.

If you believe that your content is being infringed upon, please file a copyright infringement claim by contacting us at [email protected]. We will aim to respond to your claim within 24 hours.

Limited Liability

You acknowledge and expressly agree that you assume full responsibility for your use of the Website and the Features. You acknowledge and expressly agree that any information you send or receive during your use of the Website and the Features may not be secure and may be intercepted or acquired by unauthorized parties. You acknowledge and expressly agree that your use of the Website and the Features is at your sole risk, and that the Kuro AI Software may prove to be defective or vulnerable, thus exposing your information systems to the risk of intrusion or corruption. You agree to ensure the security of the systems, programs, and data, and you acknowledge that you are solely responsible for the configuration of your computer hardware, programs, and platforms used to access the Features. You acknowledge that you are solely responsible for the use of the Features, including any statements or information communicated via the Kuro AI Software in breach of applicable laws or regulations.

In particular, you agree not to: (a) Use the Features for any purpose other than for your own use. (b) Use or attempt to use the Kuro AI Software and/or the Features in an offensive, abusive, or unlawful manner or purpose, including publishing or using terms that may be offensive or inappropriate. (c) Transmit or attempt to transmit copyrighted material without the prior express consent of the copyright owner. (d) Use or attempt to use any automated program (including, but not limited to, a robot, spider, or other automated means or interface) to access the Kuro AI Software and/or Features. (e) Interfere or attempt to interfere with the proper functioning of the Kuro AI Software and/or Features in a manner that could damage, disable, overload, or alter the Kuro AI Software, including attempting to circumvent any content filtering techniques that Kuro AI reserves the right to use. (f) Copy, modify, merge, sell, redistribute, assign, transfer the software or the source code of the Kuro AI Software or any part thereof, as well as reverse engineer, decompile, disassemble, translate, decrypt, or otherwise attempt to discover the source code used for the Kuro AI Software. (g) Infringe or attempt to infringe any patent, trademark, trade secret, copyright held by Kuro AI. (h) Introduce or attempt to introduce viruses, Trojan horses, or other malicious or technologically harmful hardware.

Finally, you understand and agree that neither Kuro AI nor its suppliers or licensors shall be liable to you for any direct, indirect damages of any kind, including but not limited to damages for loss of property, profits, goodwill, use, data, or other tangible or any other damages based on contract, tort, or otherwise (even if Kuro AI has been advised of the possibility of such damages), resulting from: the Website or Features; the use or the inability to use the Website or Kuro AI; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Website or the Features; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures; omissions; interruptions; latency; deletions or defects of any device or network; providers; or software (including, but not limited to, those that do not permit participation in the Features); any injury or damage to computer equipment; inability to fully access the Website, the Features, or any other website; theft, tampering, destruction, or unauthorized access to, images, or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing, or other errors; or any other matter relating to the Website or any other aspect of the Features.

Service reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and the Features without Kuro AI’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this website.

Data Collection and Usage

By using our platform, you consent to the temporary collection and processing of data such as IP addresses, activity logs, and location information. This data is used to ensure platform security, prevent fraudulent activities, and resolve disputes. For more details, please refer to our Privacy Policy.

Plataform Variations and Privacy

We offer the Kuro AI as the main service through our browser platform with all the advantages outlined. Additionally, a version is accessible via Discord and Telegram, with potential expansions to other platforms. It’s important to note that certain platform-specific features may differ, and some functionalities available on the platform may not be present on other channels, and vice versa.

We are not affiliated with or represent Discord or Telegram in any manner.

Dispute Resolution and Arbitration

Generally. You and Kuro AI agree that any disputes arising out of or related to these Terms or your use of the Service will be resolved exclusively through binding arbitration. By agreeing to these Terms, you waive the right to a trial by jury or to participate in a class action lawsuit. Arbitration will be conducted in the legal jurisdiction of Kuro AI’s place of incorporation, and the proceedings will be governed by the laws applicable in that jurisdiction.

Arbitration Process. Arbitration will be administered by a reputable arbitration organization in accordance with its rules. The arbitration will take place in the legal jurisdiction of Kuro AI’s place of incorporation, and you agree to submit to the personal jurisdiction of the courts in this location for any actions not subject to arbitration.

Exceptions. Notwithstanding the above, either party may seek injunctive relief in the courts of the legal jurisdiction of Kuro AI’s place of incorporation to protect intellectual property rights or to prevent unauthorized use of the Service.

Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to Kuro AI at the provided contact information. If you opt out, this section will not apply to you, and you agree that any disputes must be resolved exclusively in the courts located in the legal jurisdiction of Kuro AI’s place of incorporation.

Class Action Waiver. You and Kuro AI agree that any arbitration or court proceeding will be conducted only on an individual basis and not as a class action or other representative action.

Modification of Terms. Kuro AI reserves the right to modify this arbitration provision, but any changes will only apply to disputes that arise after the modification date. If Kuro AI makes a substantive change to this section, you may reject the change by sending us written notice within 30 days of the change.

Additional Information. For more details regarding the legal jurisdiction or for any inquiries, please contact us at [email protected].

User Content

User Responsibility
By using the content import function in Kuro AI, including the creation, generation, or import of poses and images, the user is fully responsible for ensuring that all content complies with applicable laws and these Terms of Service. This includes, but is not limited to, the strict prohibition of NSFW (Not Safe for Work) content, sexually explicit material, content involving minors, and copyright infringements. Users must not use the platform to create, import, or share any content that violates these rules.

Kuro AI shall not be held liable for any content imported by users onto the platform. In the event that inappropriate or illegal content is reported, Kuro AI reserves the right to remove such content and take appropriate actions, which may include the suspension or termination of the user’s account.

Review and Moderation
Kuro AI is committed to maintaining a safe and compliant environment for all users. While Kuro AI provides tools for content creation and customization, we actively monitor and review content on the platform to ensure compliance with our Terms of Service. Users are responsible for ensuring that any imported or shared content adheres to applicable laws and platform policies, including the prohibition of NSFW and illegal content. Kuro AI reserves the right, at its sole discretion, to review, moderate, or remove any content that violates these Terms of Service in order to protect the community and maintain the integrity of the platform.

Content Reporting
Any user may report content they believe to be inappropriate or in violation of these Terms of Service. Kuro AI will take necessary steps to investigate complaints and remove content if necessary. Users are encouraged to use the reporting tools provided on the platform to maintain a safe and respectful community. For reporting you can email [email protected].