Terms of Service
Effective Date: October 13, 2024These Terms of Service ("Terms") govern your access to and use of Kimola's platform available at https://kimola.com ("Service"), provided by Kimola, Inc. ("Kimola," "we," or "us"). By using our Service, you agree to be bound by these Terms. If you do not agree, you must not use the platform.
1. Account Eligibility and Responsibilities
To create and maintain a Kimola account, you must:
- Be 13 years of age or older.
- Provide accurate and complete information, including your full name and email address.
- Use your account only for lawful purposes.
- Keep your login credentials secure and confidential.
You are solely responsible for all activity under your account, including any data or content submitted. Shared logins across multiple users are not allowed.
2. Use of the Service
The Kimola platform is provided "as is" and "as available". By using the Service, you agree to:
- Not copy, duplicate, resell, or exploit any part of the Service without express written permission.
- Avoid modifying, reverse-engineering, or falsely affiliating with Kimola.
- Use the Service in compliance with applicable laws and regulations.
- Avoid abusive, offensive, or threatening behavior toward Kimola staff or users.
Kimola may modify or discontinue parts of the Service without prior notice. Technical support is available to paying users via email.
3. Confidentiality and Data Protection
Kimola takes the confidentiality of your data seriously.
- All data uploaded, processed, or analyzed by users is treated as confidential and proprietary.
- Kimola will only access user data to provide technical support or maintain the platform.
- Your data is never used to train AI models without your explicit written consent.
- Deleted reports or uploaded content are permanently removed from our systems.
- Account-level data is deleted within 30 days of account termination, unless legal obligations require otherwise.
You may request complete data deletion at any time by submitting a request through our Support Center.
4. AI and Data Privacy
Kimola uses artificial intelligence to power feedback analysis.
- SaaS users' data is processed with Microsoft Azure OpenAI, which offers enterprise-grade confidentiality and does not retain customer data.
- Enterprise users can choose isolated deployments of Meta Llama or Google Gemma models for full data sovereignty.
For more information, visit: How Kimola Uses Llama to Secure Data.
5. Fair Usage and Security
To ensure platform integrity and performance, users must not:
- Exceed bandwidth or resource limits without permission.
- Upload viruses, spam, or destructive code.
- Attempt to breach platform security or access unauthorized data.
Kimola reserves the right to suspend or throttle accounts that abuse system resources.
6. Termination
We may suspend or terminate your account if:
- You violate these Terms or applicable laws.
- Your use poses security or legal risks.
Upon termination, your data will be deleted in line with our retention policies.
7. Limitation of Liability
To the fullest extent permitted by law:
- Kimola is not liable for indirect, incidental, or consequential damages.
- We do not guarantee that the platform will be uninterrupted, secure, or error-free.
- You use the platform at your own risk.
8. Dispute Resolution & Governing Law
These Terms are governed by the laws of the United States, excluding its conflict of law rules.
All disputes shall be resolved through binding arbitration in Delaware, USA, under the American Arbitration Association (AAA) rules. Arbitration will be conducted in English, and the arbitrator's decision will be final.
Each party bears its own costs unless otherwise awarded. Judgments may be enforced in any competent court.
9. Updates to These Terms
Kimola may revise these Terms periodically. We will update the "Effective Date" when changes are made. Continued use of the platform constitutes your acceptance of the updated Terms.
10. Contact
For questions about these Terms, please reach out via our Support Center.