Terms of Service

Acceptance of the Terms of Service

These terms of service are entered into between you and Kalon, LLC (the "Company," "we," or "us"). The following terms and any documents they reference govern your access to and use of KalonAI, including any content, functionality, and services offered on or through KalonAI (collectively, the "Service"), whether as a guest or a registered user.

Please read these terms of service carefully before you start to use the Service. By accessing or using the Service or by clicking to accept or agree to these terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service and our acceptable use policy ("AUP"), which is part of these terms of service. If you do not want to agree to these terms of service or the AUP, you must not access or use the Service.

These terms of service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. For more information, see the Arbitration and Class Action Waiver.

The Service is offered and available only to individuals who are at least 18 years of age (or the age of majority where they live, if higher), reside in a jurisdiction that permits access to adult-oriented material, and do not otherwise find that material offensive. By using the Service, you state that you meet these requirements, are of legal age to form a binding contract with the Company, and satisfy any applicable age-verification laws in your jurisdiction. You are solely responsible for ensuring that access to and use of the Service—including the viewing or generation of fictional, adult-oriented AI content—is lawful where you reside or access the Service. The Company is not warranting that the Service or its content is legal or appropriate in every jurisdiction, and you access the Service at your own initiative and risk. You acknowledge that the Service contains sexually explicit material, and you are accessing it willingly and at your own risk. If you do not meet these requirements, you must not access or use the Service.

The Service generates fictional, adult-oriented content using artificial intelligence. All generated content is intended for entertainment purposes only and may depict nudity or sexually explicit themes involving fictional characters. No real persons are depicted, and any resemblance is purely coincidental.

Changes to the Terms of Service

We may revise and update these terms of service on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. But any changes to the dispute resolution provisions set out in Resolving Disputes will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the website.

Your continued use of the Service after the posting of revised terms of service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Service and Account Security

We may withdraw or amend the Service, including any material we provide through it, without notice. We will not be liable if, for any reason, any part of the Service is unavailable. On one or more occasions, we may restrict user access, including registered user access, to some parts of the Service or the entire Service.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your internet connection are aware of these terms of service and comply with them.

To access the Service or any of the resources it offers, you may be asked to provide specific registration details or other information. It is a condition for using the Service that all the information you provide is accurate. Depending on where you live, you may be required to verify your age and identity through one or more age verification methods before you can access the Service. All information you provide to register with the Service or otherwise, including through the use of any interactive features or third-party login methods, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, login token, or any other piece of information as part of our security procedures, you must treat that information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you must not provide any other person with access to the Service or portions of it using your username, password, login token, or other security information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service or engaged in fraudulent or illegal activities.

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of them), other than User Content, are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of service allow you to use the Service for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
• You may store files automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages from the Service for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take those actions as are enabled by those social media features.

You must not:

• Modify copies of any materials from the Service.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.

You must not access or use the Service, or any materials or features available through it, for commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these terms of service, your right to use the Service will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Service or any content within it is transferred to you, and the Company reserves all rights not granted in these terms of service. Any use of the Service not permitted by these terms of service is a breach of these terms of service and may violate copyright, trademark, and other applicable laws.

Trademarks

The Company name, the terms KALONAI, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these terms of service and the AUP. You must not use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the content restrictions and standards set out in the AUP.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that, as determined by us, may harm the Company or users of the Service, or expose them to liability.

Additionally, you must not:

• Use the Service to generate content that depicts or appears to depict minors in sexual situations, sexual violence, or non-consensual acts, including "young-looking" or age-regressed characters, and that content is strictly prohibited under our AUP.
• Use our Service in a way that infringes, misappropriates, or violates anyone's rights, including by generating sexual or intimate content that purports to depict a real identifiable person without their consent, or that otherwise violates rights of publicity or privacy.
• Modify, copy, lease, sell, or distribute any part of our Service.
• Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of our Service, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Use Output to develop models that compete with the Service.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other person's use of the Service, including their ability to engage in real-time activities through the Service.
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Service for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any "robot," "bot," "spider," "scraper," or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Service or any data, content, or information accessed through the Service, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models, including but not limited to patterns, trends, and correlations.
• Use the Service or any data published by, contained in, or accessible through the Service for the purposes of developing, training, fine-tuning, or validating any AI system or model, or for any other purposes.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not authorized in these terms of service, without our prior written consent.
• Use any device, software, or routine that interferes with the Service's proper functioning, including circumventing any rate limits, restrictions, protective measures, or safety mitigations we put in place.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is hosted, or any server, computer, or database connected to the Service.
• Attack the Service by a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with the Service's proper working.

User Content

You may provide input to the Service ("Input"), and receive output from the Service based on the Input ("Output"). Input and Output are collectively "User Content." You are responsible for User Content, including ensuring that it does not violate any applicable law, these terms of service, or the AUP. You state that you have all rights, licenses, and permissions needed to provide Input to our Service.

As between you and the Company, and to the extent permitted by applicable law, you (1) retain your ownership rights in Input and (2) own the Output. We hereby assign you all our interest, if any, in the Output, excluding any rights in our models, algorithms, data, or systems used to generate the Output.

Ownership of Output does not grant you any right to commercially exploit the Service, its underlying technology, or any Company intellectual property, nor does it grant you any license to use the Service for commercial purposes in violation of these terms of service.

Due to the nature of our Service and artificial intelligence generally, Output might not be unique and other users may receive similar Output from our Service. Our assignment above does not apply to similar or overlapping Output generated independently by other users.

By providing Input to the Service, you hereby grant the Company a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your Input as necessary to operate, improve, and develop the Service. This license does not extend to publicizing or otherwise using your Input outside of the scope of these terms of service. You acknowledge that Input and Output may be used to train, improve, and develop our models as permitted under these terms of service.

Sharing AI-Generated Content

You may have the option to share Outputs through public features of the Service. Any content you choose to share using these features is considered User Content and may be publicly accessible to other users or visitors.

By sharing User Content through these features, you acknowledge that:

• You are solely responsible for the shared content and any consequences of its publication.
• You grant the Company a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to host, display, reproduce, and distribute that content via the Service.
• Shared content may be removed by the Company at any time, for any reason, including for violating our AUP.
• You waive any expectation of privacy in connection with shared Outputs and understand that we cannot control how others may use, repost, or interpret your content once shared.

Social Features, Feeds, and Recommendations

The Service may include social features that allow you to view, post, share, or interact with content, including activity feeds, discovery or recommendation surfaces, popularity rankings, likes, follows, comments, and public profiles ("Social Features"). Content displayed through Social Features may include User Content submitted by you or other users, as well as AI-generated Output displayed at the direction of users.

Subject to the licenses you grant in these terms of service, the Company may display, reproduce, publish, transmit, distribute, modify, promote, demote, or otherwise use User Content in connection with Social Features, including by featuring your User Content or profile in feeds, recommendations, or rankings, or by not featuring them at all.

Social Features are provided for convenience only. We do not guarantee that any particular content, character, or profile will be displayed, promoted, ranked, recommended, or discoverable, or that Social Features will operate without errors or interruptions. Visibility and ranking may vary based on algorithmic signals, moderation decisions, user behavior, or other factors. You acknowledge that you have no expectation or right to any particular level of visibility, distribution, or promotion on the Service.

We may remove or restrict any User Content or user activity displayed in Social Features—including likes, follows, recommendations, and rankings—at our sole discretion, including for violations of these terms of service or the AUP. We are not responsible for disputes between users arising from likes, follows, unfollows, recommendations, rankings, or other interactions.

Monitoring and Enforcement; Termination

We may:

• Remove or refuse to post any User Content for any reason.
• Take any action regarding any User Content that we consider necessary or appropriate, including if we believe that the User Content violates these terms of service or the AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Service's users or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any nonparty who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, including posting illegal or unauthorized User Content. The Company will report any User Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children's CyberTipline and any other legal and regulatory bodies.
• Terminate or suspend your access to all or part of the Service for any reason, including any violation of these terms of service or the AUP.

We may cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. You hereby waive and shall indemnify the Company and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the foregoing parties during, or taken because of, investigations by either those parties or law enforcement authorities.

We use automated tools and manual review to monitor and moderate material on the Service as required by law and our policies. We reserve the right to remove or restrict access to any material that we determine violates these terms of service (including our AUP), applicable law, or the rights of others. While we strive to respond promptly to violations, we cannot guarantee immediate removal in every instance. We are not responsible for any third-party material, but we take reasonable steps to detect and address misuse in accordance with our policies.

For information on how to report content you believe violates these terms of service, our AUP, or applicable law, please refer to our Complaints Policy and our U.S. TAKE IT DOWN Act Compliance Policy. These policies provide procedures for reporting unlawful, harmful, or nonconsensual content and explain how we process those complaints.

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us at appeals@kalon.ai in accordance with our Appeals Policy.

Copyright Infringement

If you believe that any User Content violates your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. The Company's policy is to terminate the user accounts of repeat infringers.

AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate fictional content based on your Inputs. This includes text-based chat, dialogue, audio, and image Outputs that may be adult-oriented, explicit, or fantastical in nature. All characters are fictional and do not represent real individuals. No Output should be considered professional, medical, psychological, or safety advice. You are solely responsible for how you choose to use, act upon, or interpret content generated by the Service.

All Output is generated automatically using machine learning models and is provided strictly for entertainment purposes. Because of the probabilistic and dynamic nature of these models, Output may sometimes be unpredictable, inaccurate, offensive, or inconsistent with your expectations. Output may contain inaccuracies, hallucinations, or fabricated information and should not be relied upon as factual. The Company does not exercise editorial control over Output (except for content moderation purposes), and does not verify, endorse, or guarantee the accuracy, legality, or appropriateness of any generated content.

Any resemblance between Output and real people, living or dead—including celebrities, public figures, or private individuals—is purely coincidental, unless that resemblance results from your or another user's misuse of the Service in violation of these terms of service.

You acknowledge that:

• You will not rely on Output for decisions that may have legal, medical, psychological, financial, or personal consequences.
• You will not use Output in a way that may harm or mislead others or violate the rights of any person, including rights of publicity, privacy, or intellectual property.
• You are solely responsible for reviewing all Output for compliance with law and appropriateness before using, sharing, or acting upon it.

Output does not reflect the views or values of the Company. The presence or generation of specific content does not constitute the Company's approval, endorsement, or acceptance of that content. The Company disclaims all liability for harm, loss, or injury arising out of any reliance on or use of content generated by the Service.

The Service may simulate intimate, romantic, or personal interactions using fictional AI characters. These simulations are entirely artificial and are generated solely for entertainment or roleplay purposes. You are not communicating with a real person. Any emotional, romantic, or relational content is fictional and should not be interpreted as reflecting real human feelings, intent, or connection.

EU Digital Services Act (DSA) Disclosures

If you are a resident of the European Union, the following terms apply in accordance with the EU Digital Services Act (Regulation (EU) 2022/2065):

• Intermediary Service Provider (Article 3(g) & Article 6 DSA): The Company operates the Service as a hosting provider and intermediary service. We store and display User Content and AI-generated Output at the direction of users, without prior editorial control. Our liability is limited under the DSA provided we act expeditiously to remove or disable access to illegal content upon receiving a valid notice.
• DSA Transparency Reporting (Article 15 DSA): We will publish transparency reports as required by law, describing certain content moderation activities, including the number of notices received and removals carried out. We may also publish additional reports at our discretion.
• Notice and Complaint Mechanisms (Articles 16 & 20 DSA): If you believe any content on the Service violates applicable law or our policies, you may submit a notice under our Complaints Policy. We will review all complaints promptly and provide a reasoned decision.
• Appeal Rights (Article 17 DSA): If your content is removed or your account is restricted, you will be notified and may file an appeal in accordance with our Appeals Policy.
• EU Contact Point (Article 11 DSA): Users in the EU may contact our designated contact point for DSA-related queries at: Email: dsa@kalon.ai. Language: We accept correspondence in English.
• EU Legal Representative (Article 13 DSA): The Company has appointed a legal representative in the European Union for purposes of the DSA. Our designated representative may be contacted at: Neil Jennings, BHD Governance EU Ltd, Email: gdpr+26001@bhdgovernance.com, BHD Governance EU Ltd (26001), Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork, T23 AT2P, Ireland.

These provisions apply only to users located in the European Union and do not extend rights or obligations to users outside the EU.

Changes to the Service

We may update, modify, or enhance the Service from time to time. While we strive to maintain accuracy, some material on the Service may be incomplete or outdated, and we are under no obligation to update it. We also reserve the right to discontinue, suspend, or limit access to any features, tiers, or subscription offerings at our sole discretion.

Information About You and Your Use of the Service

All information we collect through the Service is subject to our Privacy Policy. By using the Service, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Paid Accounts and Purchases

If you purchase a paid subscription or coins, you must provide accurate billing information, including a valid payment method. Payments are processed by our authorized third-party payment processors, and their terms and privacy policies apply to your transactions. We do not store your full payment information.

Subscriptions; Automatic Renewal

If you subscribe to a premium membership, you agree that your subscription will automatically renew at the end of each billing period (monthly or yearly, depending on your selection) unless you cancel. By purchasing a subscription, you authorize us (through our payment processor) to automatically charge your chosen payment method at each renewal until you cancel in accordance with our Cancellation Policy. Subscriptions include benefits such as free monthly coins, discounted coin prices, and premium features. If you cancel, you will continue to have access to premium benefits until the end of the current billing period. We will send you a confirmation email after sign-up and after each renewal that includes your subscription terms and instructions for cancellation.

Coin Purchases

You may also buy coins separately at any time. Coin purchases are one-time transactions and do not auto-renew. Coins are deducted from your account as you use them for specific AI features or services. Coins have no cash value, are non-redeemable for cash or other consideration, are non-transferable, and will expire if your account is terminated or deleted, whether by you or by us.

Refunds and Legal Rights

All payments are final and non-refundable unless required by applicable law. Refund requests should be submitted to hello@kalon.ai and may be subject to the policies of the applicable payment processor. Chargebacks, disputes, or reversed transactions may result in immediate suspension or termination of your account.

If you are an EU consumer, you may have a legal right to withdraw from your purchase within 14 days. However, by purchasing a subscription or coins, you consent to immediate performance of the service and acknowledge that you thereby lose your withdrawal right once access or use begins. For details on how to exercise these rights, please refer to our Cancellation Policy.

These terms do not override any mandatory local laws regarding your cancellation or refund rights.

Price Changes

We may adjust subscription fees or coin pricing from time to time. For subscription changes, we will notify you at least 30 days in advance. Any price change will apply to the next billing cycle, and you will have the opportunity to cancel before the new price takes effect.

Referral, Rewards, and Affiliate Programs

From time to time, we may offer referral, rewards, affiliate, creator-earnings, or similar promotional programs (collectively, "Referral Programs") that allow eligible users to earn credits, bonuses, cash payouts, or other incentives ("Rewards"). Your participation in any Referral Program is voluntary and subject to these terms of service, the AUP, and any additional program terms we provide ("Referral Terms"). If there is a conflict between the Referral Terms and these terms of service, the Referral Terms will prevail for that program.

Eligibility and General Requirements

You may participate in a Referral Program only if you have an active, non-suspended account and meet all requirements set out by the Company. We may determine eligibility or continued participation in our sole discretion.

Unless otherwise stated, Rewards:

• have no cash value until actually paid or redeemed by us;
• are non-transferable and may not be assigned, sold, or pledged;
• do not accrue interest; and
• may be revoked, withheld, or reversed at any time as described below.

We may modify, suspend, or terminate any Referral Program at any time, with or without notice.

Creator / Character Affiliate Earnings

Some programs allow you to earn Rewards when other users generate content using your characters, profiles, or other assets you create (the "Character Affiliate Program"). These Rewards are promotional incentives only and are calculated based on metrics we define, such as user interactions, generations, spend, or engagement.

Character Affiliate Rewards are not royalties, revenue share, wages, or commissions. They do not confer any ownership interest in the Company's revenue, user payments, platform activity, or intellectual property. You acknowledge that:

• earnings are determined solely by the Company;
• earnings formulas may change at any time;
• you have no vested right to continue earning in any particular amount or at all; and
• your characters or content may be removed, moderated, or deprioritized in accordance with our policies.

Tracking, Cookies, and Referral Attribution

Referral activity may be tracked using cookies, identifiers, or other methods permitted by applicable law. Unless otherwise stated, referral cookies may remain active for up to 30 days, but tracking is not guaranteed. Referral attribution may be affected by:

• browser or device settings,
• cookie deletion,
• privacy tools,
• ad blockers,
• VPNs or IP changes, or
• other technical limitations.

We are not responsible for untracked, lost, or improperly attributed referrals.

Prohibited Conduct

You may not engage in any conduct that, in our judgment, constitutes abuse, manipulation, or misuse of any Referral Program. Prohibited conduct includes, without limitation:

• self-referrals or creating fake, duplicate, or fraudulent accounts;
• generating artificial traffic, impressions, or interactions;
• using bots, scripts, automated tools, incentivized traffic, or paid placements we have not expressly approved;
• spam, misleading promotions, or deceptive advertising;
• promoting referral links on websites or platforms that violate these terms of service or the AUP, including platforms that target minors, prohibit adult content, or host illegal material;
• misrepresenting your relationship with the Company; or
• violating FTC disclosure rules or applicable advertising laws.

Any violation may result in reversal of Rewards, suspension, termination of your account, or legal action.

Reward Adjustments, Withholding, and Clawbacks

We may decline to issue, withhold, reverse, or claw back Rewards, including after they appear in your dashboard, if we believe they are associated with:

• fraud, abuse, or violation of these terms of service, the AUP, or the Referral Terms;
• accounts that are refunded, charged back, suspended, or deemed ineligible;
• unverified or unverifiable activity;
• technical errors, bugs, or tracking discrepancies; or
• any activity we determine, in our sole discretion, to be inconsistent with legitimate use of the Service.

Dashboard metrics, analytics displays, and leaderboards are for convenience only and may include estimates, delays, or inaccuracies.

Payouts, Thresholds, and Taxes

Unless otherwise stated in the Referral Terms:

• Rewards may be paid out only after you reach the minimum payout threshold (e.g., $20);
• payouts are issued on a net 30 basis and may experience delays due to verification, fraud checks, compliance reviews, or payment processor requirements;
• you are solely responsible for any taxes, filings, or reporting obligations associated with Rewards; and
• we may require identity verification or tax documentation (such as IRS Form W-9 or W-8BEN) prior to issuing payouts.

The Company may modify payout schedules, thresholds, or payment methods at any time.

FTC and Advertising Compliance

If you publicly share Referral links, codes, landing pages, or promotional content, you must:

• clearly and conspicuously disclose that you may receive a Reward;
• comply with the U.S. FTC Endorsement Guides and equivalent international laws; and
• avoid statements that are misleading, unsubstantiated, or inconsistent with our policies.

You are solely responsible for your promotional materials and communications.

No Employment, Partnership, or Agency Relationship

Participation in any Referral Program does not create an employment, partnership, joint venture, franchise, or agency relationship between you and the Company. You have no authority to act on the Company's behalf.

Contests, Challenges, and Competitions

From time to time, the Company may offer contests, challenges, leaderboards, or other competitive events (collectively, "Contests"). Participation in any Contest is voluntary and subject to these terms of service, the AUP, and any additional rules we provide for a specific Contest ("Contest Rules"). If there is a conflict between the Contest Rules and these terms of service, the Contest Rules prevail for that Contest.

Unless otherwise stated, Contest prizes—including virtual coins, credits, or other digital benefits—have no cash value, are non-transferable, and may not be exchanged, sold, or redeemed except as permitted within the Service. We may modify, substitute, or cancel any prize at any time.

We may disqualify or remove any entry, participant, or winner in our sole discretion, including for suspected fraud, vote manipulation, inappropriate content, violation of the AUP, or any other behavior inconsistent with fair use of the Service. Leaderboards, ranking systems, and analytics presented in connection with a Contest are for convenience only and may include delays, estimates, or inaccuracies.

The Company does not guarantee the availability of any Contest and may modify, suspend, or terminate a Contest at any time. The Company's decisions regarding eligibility, scoring, judging, winners, and prize distribution are final and binding.

You state that any User Content you submit to a Contest complies with these terms of service and the AUP. By submitting an entry, you hereby grant the Company the rights necessary to operate the Contest and display Contest-related materials, including showcasing your entry, profile name, and ranking within the Service.

Contests offered on the Service are games of skill, not chance, and no purchase is necessary to enter unless stated otherwise and permitted by applicable law. Void where prohibited.

Linking and Social Media Features

You may link to our homepage, provided you do so in a way that is fair, legal, and does not damage or take unfair advantage of our reputation. You must not establish a link in a manner that suggests any association, approval, or endorsement by us without our prior written consent.

The Service may provide certain social media features that enable you to:

• Link from your own website (or certain third-party websites we approve) to specific content on the Service.
• Send emails or other communications containing certain content, or links to content, from the Service.
• Display limited portions of content from the Service on your own site or certain third-party sites.

You may use these features only as we provide them, only with the content they are displayed with, and otherwise in accordance with these terms of service and any additional conditions we provide. In particular, you must not:

• Establish a link from any website you do not own or control.
• Frame, inline link, or otherwise cause the Service or its content to be displayed on any other website.
• Link to any part of the Service other than the homepage, unless we provide written permission.
• Otherwise take any action with respect to the Service or its content that conflicts with these terms of service or the AUP.

Any website from which you link to the Service, or on which you display content from the Service, must comply with the content restrictions in the AUP. You must cooperate with us in immediately removing any unauthorized framing or linking. We may withdraw linking permission or disable social media features at any time without notice.

Links from the Service

The Service may contain links to websites and resources provided by third parties, including advertisements, banner ads, and sponsored links. These links are provided for your convenience only. We do not control, endorse, or assume any responsibility for the content, privacy practices, or terms of use of those websites or resources, and we disclaim any liability for loss or damage that may arise from your use of them. If you access any third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and policies of those websites.

Warranty Disclaimers

Your use of the Service, its content, and any services or items obtained through the Service is at your own risk. The Service, its content, and any services or items obtained through the Service are provided on an "as is" and "as available" basis, without any warranties, whether express or implied. Neither the Company nor any person associated with the Company makes any representation or warranty as to the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the foregoing, the Company does not warrant that (1) the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, (2) defects will be corrected, (3) the Service or the server that makes it available are free of viruses or other harmful components, (4) any specific content will be hosted, made available, or removed, (5) any particular feature will continue to be supported or remain compatible with third-party software or devices, or (6) that the Service or any services or items obtained through it will otherwise meet your needs or expectations, including any content or output generated through AI features.

To the extent provided by law, the Company is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

The foregoing does not exclude or limit any warranty, condition, or right that cannot be excluded or limited under applicable law, including consumer protection law in your country of residence.

Limitation of Liability

To the extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service or those other websites or any services or items obtained through the Service or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

To the extent permitted by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 and the amount you have paid for the Service in the 12 months preceding the claim.

The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You shall indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents, from and against any third-party claims, liabilities, damages, judgments, awards, losses, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (1) your violation of these terms of service or the AUP, (2) your access to or use of the Service, or (3) any Input you submit or Output you generate, use, distribute, or share, including any claim that such Input or Output violates applicable law or infringes the rights of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you must cooperate with our defense of those claims. You must not settle any claim without our prior written consent.

Resolving Disputes

Governing Law

Nevada law governs all adversarial proceedings arising out of these terms of service or your access or use of the Service. If you reside in the European Union or the United Kingdom, this choice of law does not deprive you of the protections afforded to you by the mandatory laws of your country of residence.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party's obligations under these terms of service has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Arbitration and Class Action Waiver

EU/UK Consumer Protection Carve-Out

If you are a consumer habitually resident in the European Union or the United Kingdom, this entire Arbitration and Class Action Waiver section does not apply to you. Instead, (1) you may bring legal proceedings relating to these terms of service in the courts of your country of residence, and (2) you may have the right to use alternative dispute resolution (ADR). The Company is not obliged to participate in ADR proceedings and does not undertake to do so, but the platform is available to provide information about your consumer rights.

Mandatory Arbitration

You and the Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

Arbitration Forum

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of these terms of service or your access or use of the Service (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction.

Arbitration Procedure

Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.

Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Las Vegas, Nevada, or any other place mutually agreed on by the parties.

The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. The Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitration, except that the state or federal courts of Las Vegas, Nevada have the authority to determine any dispute about enforceability or validity of the class action waiver.

The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement and any arbitration.

Small Claims Exception

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class and Jury Trial Waivers

The parties intend to arbitrate solely on an individual basis, and these terms of service do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person's claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and the Company agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this paragraph is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the arbitration agreement will remain in force.

Jurisdiction

If either party brings a proceeding regarding the enforceability or validity of the class action waiver or seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Nevada or, only if there is no federal subject matter jurisdiction, in a state court of Nevada sitting in Las Vegas.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Notwithstanding the above, if you are a consumer habitually resident in the EU or UK, nothing in this section limits your right to bring proceedings in your local courts under applicable consumer protection law.

Recovering Expenses

Except as otherwise provided in the Arbitration and Class Action Waiver, in an adversarial proceeding between the parties arising out of these terms of service or your access or use of the Service, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for Indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of these terms of service or your access or use of the Service more than one year after the date that dispute arose. This limitation period does not apply if you are a consumer habitually resident in the EU or UK, in which case the statutory limitation periods of your local jurisdiction apply.

Waiver and Severability

No waiver of any provision of these terms of service will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under these terms of service will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of these terms of service will continue in full effect.

Entire Agreement

These terms of service constitute the entire understanding between the parties regarding these terms of service or your access or use of the Service. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company arising out of these terms of service or your access or use of the Service, you will have no basis for bringing any claim for fraud in connection with any such statements.

Your Comments and Concerns

The Service is operated by Kalon LLC, 318 N Carson St, Carson City, NV 89701.

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it.

To report illegal, harmful, or nonconsensual content, please consult our Complaints Policy and U.S. TAKE IT DOWN Act Compliance Policy for instructions on how to file a report or request removal.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: hello@kalon.ai.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.