Last updated: Oct 22th 2023

1. Acceptance of Terms

By using the services of Beautifully Incorporated ("we", "us", "our", “Company”), who created the Kindroid AI application (“Service”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Eligibility

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you meet this eligibility requirement. In addition, the portrayal and creation of custom AI personas mimicking or representing individuals under 18 in contexts that can be considered inappropriate, exploitative, or harmful is strictly prohibited. Misuse or misrepresentation in this regard may lead to account termination or legal action.

3. Use of Service and Limitation of Attribution

You are responsible for all activity that occurs under your account. You agree not to share your account or login credentials with others. You agree to comply with all laws and regulations when using our services. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

3.1 Personal Use:

You are free to converse with the AI agent and generate content as you wish, with the understanding that your interactions with the AI will be deemed as your private thoughts rather than public speech.

3.2 Restrictions on generated content:

Users are strictly prohibited from generating, sharing, or distributing content that violates any local, state, national, or international law, regulation, or statute. This includes, but is not limited to, content that promotes or depicts illegal activities, or contributes to the creation or dissemination of materials that are unlawful. Users may not generate, use, or distribute content that infringes on the rights of third parties, including: a. Unauthorized use of copyrighted materials. b. Unauthorized use or misrepresentation of someone's likeness, including, but not limited to, the creation of "deepfakes" or any other synthetic media that might deceive, harm, or infringe upon an individual's rights. c. Violation of any rights of publicity or privacy. Any violation of these terms may result in immediate suspension or termination of the user's account, and we reserve the right to take any legal action against individuals who violate these terms.

3.3 Sharing of Content:

If you choose to share content generated from your use of the Service, you are responsible for that content. Any liability arising from shared content, such as if you falsely claim that the Service created the content, shall be attributed to you, the user, and not to the Service nor the Company.

3.4 Defamation and Account Termination:

If the Company determines, in its sole discretion, that you have falsely claimed that the Company created content in a defamatory manner, the Company reserves the right to take legal action against you, up to and including pursuing defamation claims and terminating your account.

4. Intellectual Property

All content, features, and functionality on our services are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

5. User-Generated Content

You retain ownership of any content you generate while using our services, such as conversations with our AI robot. However, by using our services, you grant us a license to use this content to improve our services, algorithms, and AI models.

6. Payment Terms

Some aspects of our service may be provided for a fee. You agree to pay all fees and charges specified, and you agree that all transactions are final and non-refundable. The Company reserves the right to grant partial or full refunds at its sole discretion for any or no reason at any time. We use third-party payment processors and you agree to their terms and conditions.

6.1 Recurring Billing:

By signing up for the Service and providing the Company with your payment account information, you hereby agree to these payment terms and conditions. The Company may bill you through an online billing account for your purchase of the service. Recurring billing will continue unless and until you cancel your subscription.

6.2 Automatic Renewal:

Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your payment method.

6.3 Cancellation and Refunds:

You may cancel your subscription at any time. Except as specifically set forth in these terms, all Services are prepaid for the period selected (monthly, annually, etc.) and are non-refundable. This includes accounts that are renewed. The Company reserves the right to grant partial or full refunds at its sole discretion for any or no reason at any time. Disputers will be banned from using the Service.

6.4 Late Payments:

If payment is not received by the expiration of the grace period provided on the invoice, the Company may suspend or terminate the services.

6.5 Changes to Pricing and Services:

The Company reserves the right to change the prices and services offered. Any changes will be effective immediately upon posting of the changes to our website.

7. Disclaimer of Warranties and Limitation of Liability

Our services are provided "as is," without any warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, secure, or error-free.

To the extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our services. Furthermore, you agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account, or b) a breach of these Terms.

8. Dispute Resolution and Arbitration

8.1 Arbitration Agreement:

You agree to resolve any disputes with the Company through final and binding arbitration in Santa Clara County, California, in accordance with the JAMS Streamlined Arbitration Rules and Procedures. You and the Company waive any rights to go to court and have a trial in front of a judge or jury. Disputes must be brought on an individual basis, and not as a class or consolidated action.

8.2 Small Claims and Infringement:

Small claims can be brought in Santa Clara County, California or any U.S. county where you live or work. Both parties can pursue injunctive or other equitable relief to prevent the violation of intellectual property rights.

8.3 Opt-out:

You can opt out of the arbitration agreement within 14 days of accepting these Terms by sending a time marked written notice to: 5551 Hollywood Blvd, #1277, Los Angeles, CA 90028.

8.4 Exclusive Venue:

If the arbitration agreement doesn't apply, any judicial proceedings will be brought in the state or federal courts located in Santa Clara County, California.

9. Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. If we make changes, we will provide notice of these changes, such as by sending an email notification, providing notice through our services, or updating the "Last Updated" date at the top of these Terms.

10. Contact Us

If you have any questions about these Terms of Service, please contact us at [email protected].

Last updated: Oct 22th 2023

1. Introduction

Beautifully Incorporated ("we", "us", "our", “Company”), the maker of Kindroid AI (“Service”), is committed to respecting your privacy. This Privacy Policy outlines how we collect, use, protect, and disclose your information when you use our services, including interacting with our AI-driven communication robot.

2. Information We Collect

2.1 User-Provided Information:

When you use our services, you might provide information directly to us. This can include your name, email address, and any other information you choose to provide.

2.2 Automated Information:

We may collect certain information automatically, such as your IP address, device type, and usage data, to improve the performance and quality of our services.

2.3 Conversational Data:

All content of your conversations with our AI robot are considered to belong to you. We do not claim ownership of this content.

3. Use of Information

3.1 Service Provision:

We use the information we collect to provide, maintain, and improve our services. This includes using the information to improve our AI models and algorithms.

3.2 Communication:

We may use the information to communicate with you about our services, for example, to send you service updates or respond to your inquiries.

3.3 Legal Compliance:

We may use the information to comply with applicable laws and regulations, and to protect the rights and safety of our users and the public.

4. Disclosure of Information

We do not sell or share your personal information with third parties for their direct marketing purposes without your consent. We may share your information in limited circumstances, such as to comply with legal requirements, in response to legal process, to protect our rights or property, or to protect the safety of our users or the public.

4.1 Third-Party Payment Processors

We use third-party payment processors to handle transactions on our platform. If you make a purchase, your credit card information and other personal data required for the transaction may be collected and stored by these third-party payment processors. We do not directly collect, use, or store your credit card information.

These third-party payment processors have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

5. Storage and Security

We take reasonable measures to protect your information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

6. Your Rights and Choices

Depending on your location and applicable laws, you may have certain rights in relation to your personal information. These can include the right to access, correct, or delete your information, or to object to or limit our processing of it.

7. Changes to This Policy

We may update this Privacy Policy from time to time. If we make changes, we will provide notice of these changes, such as by sending an email notification, providing notice through our services, or updating the "Last Updated" date at the top of the Policy.

8. Contact Us

If you have any questions about this Privacy Policy, please contact us at [email protected].