Nitrility, Inc. – Terms of Service
Last Updated On: September 22, 2025
These Terms of Service (“Terms”) govern your use of the services provided by Nitrility, Inc. (“we”, “us”, “our”, or “Company”), including without limitation our website, mobile or web applications, or other digital products or services that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Company. In these Terms, a “user” is you or anyone who accesses, browses, or in any way uses the Services. You must agree to these Terms before you can use the Services. You can agree to these Terms by: (a) actually using the Services, including, without limitation, accessing our website or web app, and/or (b) clicking to indicate that you agree to the Services. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make a change to the Terms, we will post the revised Terms on our website and/or web app. Without limiting the foregoing, if we make a change to the Terms that materially impacts your use of the Services, we will endeavor to notify you by email at the email address you provide to us.
Kled is a product and service offered under, and wholly owned by, Nitrility, Inc. All rights and obligations under these Terms extend to your use of Kled.
PLEASE NOTE: THAT SECTION 15 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.
By accessing or using the Services:
You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Services or a registered user;
You represent and warrant that (i) you are at least sixteen (16) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you;
You represent and warrant that (i) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department’s list of Specially Designated Nations, and (ii) you will comply with all applicable laws and regulations in connection with your use of the Services and in accordance with the terms and conditions specified in these Terms;
If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms; and
You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
Accessing the Services.
The Services are controlled or operated (or both) from the United States and are not intended to subject Company to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.
You understand that by using the Services you consent and agree to the collection and use of certain information about you and your use of the Services in accordance with our Privacy Policy, which is incorporated by reference into and forms a part of these Terms. If you object to your information being used in this way, please do not use the Services.
Account Registration and Account Security.
Some or all of the Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy. You are responsible for maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary.
Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not to disclose it to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. Company will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use.
You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. If your account canceled, terminated or suspended, you and, if applicable, your authorized users, will lose the ability to access and use such account(s) and any Submitted Content (defined below) that you have uploaded or stored using the Services. Company may, but is not required to, delete Submitted Content upon cancellation, termination or suspension of such account(s), and Company will not be liable to you or any third party in connection with such deletion of Submitted Content or your loss of access and use of such account(s).
Prohibited Uses.
You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You agree not to, and will not assist, encourage, or enable others to use the Services:
For any commercial purpose, except as expressly permitted under these Terms.
To violate any applicable national, regional, federal, state, local, or international law or regulation.
To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
Contain any material which is defamatory, obscene, abusive, harassing, contains nudity or otherwise objectionable;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
Promotes suicide or self-harm or doxes another individual;
Contain any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Company in advance
Violate or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or
Be likely to deceive or confuse any person.
Additionally, you agree not to, and will not assist, encourage, or enable others to:
Violate these Terms or any other rules or policies posted by us.
Reverse engineer any portion of the Services.
Use the Services (or any output generated by the Services) for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system, unless otherwise agreed to with Company.
Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law).
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Company.
Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
Record, process, harvest, collect, or mine information about other users.
Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
Use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).
Use the Services to violate the security of any computer network, crack passwords or security encryption codes.
Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to the Services.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Permit direct or indirect access to or use of the Services in a way that circumvents any contractual usage limit.
Copy the Services or any part, feature, function, graphics or user interface thereof.
Frame or mirror any part of any Services, other than framing on your own internal intranets.
Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
Use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen.
Impersonate another person, misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity.
Any other activities we may notify you of from time to time.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days’ prior written notice to us support@kled.ai together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Data and Content.
4.1 Services Content. We are not responsible or liable to any third-party for the content or accuracy of any materials accessed by you or any other user of the Services. You understand that when using the Services, you may be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Services Content”) from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Services Content. We do not endorse any Services Content made available through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Services Content.
4.2 Submitted Content. You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the Services (collectively, “Submitted Content”), and you, not Company, assume all risks associated with Submitted Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Submitted Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Submitted Content as described herein. You may not imply that Submitted Content is in any way sponsored or endorsed by Company. You represent and warrant that Submitted Content does not violate these Terms. YOU UNDERSTAND AND AGREE THAT YOU ARE IRREVOCABLY SELLING SUBMITTED CONTENT TO COMPANY TO BE USED FOR ANY PURPOSE, and:
4.2.1 You hereby irrevocably grant to Company, our affiliates, and our customers, partners and/or prospective customers and partners, a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, export any component of, prepare derivative works and otherwise dispose of Submitted Content for any purpose. Pursuant to this grant, you agree that we may sell, share, sublicense, transfer and/or distribute Submitted Content to our affiliates, our customers, partners and/or prospective customers and partners to be used by the affiliate, customers, partners and/or prospective customers and partners for any purpose, including without limitation the development of artificial and machine learning products.
4.2.1 You irrevocably waive, and cause to be waived, against Company, our affiliates, our customers, partners, prospective customers and partners and/or all respective users any claims and assertions of moral right or attribution with respect to Submitted Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (1) to maintain Submitted Content in confidence; (2) to credit or acknowledge you for Submitted Content; (4) to respond to Submitted Content; or (r) to exercise any of the rights granted herein with respect to Submitted Content.
4.2.3 You hereby acknowledge and agree that the processing of Submitted Content, including any Personal Data contained therein, is necessary for the fulfillment of a contract entered into between you and Company.
4.2.4 You hereby provide your unconditional consent, authorization, and permission for (i) Company to use and process Submitted Content, including any Personal Data contained therein, for any purpose, (ii) Company to store, share, transfer, commercialize, and/or sell Submitted Content, including any Personal Data contained therein, to any of Company’s customers, partners or prospective customers and/or partners, and (iii) for Company’s customers, partners or prospective customers and/or partners to use and process such Personal Data for any purpose.
4.2.5 You hereby irrevocably covenant and agree to refrain and forebear forever (both during and after termination of these Terms) from commencing, instituting or prosecuting any lawsuits, actions, claims, arbitrations or any other proceedings against Company or our affiliates, and any customers, partners, prospective customers and/or partners, and any of their respective affiliates, based on, arising out of or otherwise pertaining to Company’s, Company’s customers’, partners’ or prospective customers’ and/or partners’ use of the Submitted Content.
If the consents, covenants, releases and/or rights granted to Company or our affiliates, customers, partners, and/or prospective customers and partners, under this Section 4.2 are deemed legally unenforceable or otherwise revoked, reversed, invalidated, or withdrawn with respect to any Submitted Content, then you are required to immediately refund to Company any compensation you previously received in connection with such Submitted Content. You hereby authorize Company to automatically charge your virtual currency wallet or other payment instrument for such amounts.
4.3 Copyright Infringement and Digital Millennium Copyright Act.
We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information in writing to the “Copyright Agent”:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the Services.
Your address, telephone number, and email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All notices of copyright infringement claims should go to our Copyright Agent at
Copyright Agent Contact Information
Avi Patel
Nitrility, Inc.
2055 Limestone Rd, Suite 200-C
Wilmington, DE 19808
Phone: (504) 867-9979
Email: avi@nitrility.com
You acknowledge and agree that if you fail to substantially comply with all of the requirements above, your DMCA takedown notice may not be valid. If we receive a valid DMCA takedown notice, we may send a copy, including any contact information you provide, to the user responsible for the challenged content. We will review your submission and take whatever action we deem appropriate under the DMCA, including removal of or disabling of access to the challenged content if appropriate. In appropriate circumstances, under our repeat infringer policy, we will also suspend or terminate the accounts of users who repeatedly or egregiously infringe the copyrights of third parties.
Compensation; Digital Assets.
You may receive compensation for Submitted Content in the form of digital assets. Compensation is currently made in Solana (“SOL”) or other cryptocurrencies supported by the Company, transferred to a wallet address that you provide. You are solely responsible for providing and maintaining an accurate and compatible wallet address for receipt of compensation.
All digital asset transactions are final and non-reversible once broadcast to the applicable blockchain network. Company has no responsibility or liability for any errors, delays, or losses resulting from inaccurate wallet information, incompatibility, user error, network issues, or the acts or omissions of third-party service providers.
Company may, in its sole discretion, expand or modify the available forms of compensation in the future, including support for additional cryptocurrencies, wallet technologies (such as zero-knowledge login wallets or email-based custodial wallets), or fiat currency payment methods. Any such updates will be communicated through updates to these Terms or other Company policies.
Intellectual Property.
As between the parties, we own the Services, any Feedback (as defined below), all of our trademarks, logos, and branding, and any content, information, data, expertise, methodology, processes, improvements, derivatives, enhancements and any other materials that we create, provide or deliver in connection with the Services, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with the foregoing, including all improvements, enhancements, and derivatives thereto (collectively, “Company IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Company IP are retained by us. Use of the Company IP for any purpose not expressly permitted by this Agreement is strictly prohibited.
Confidentiality.
“Confidential Information” means: (i) Company’s product road maps, product development plans, pricing, business plans, customer lists, documentation, business and financial information; (ii) any other information or data which Company discloses to you in tangible form and conspicuously marks as “confidential,” “proprietary” or with other words generally understood to communicate the confidential nature of the information; and (iii) any other information that Company makes available to you that should reasonably be understood to be confidential in nature.
You may use the Confidential Information solely to exercise your rights and to perform your obligations under these Terms (the “Purpose”). You shall hold the Confidential Information in confidence using the same degree of care you normally exercise to protect your own confidential information of a similar nature, but in no event less than reasonable care, and you shall not disclose the Confidential Information to any third party, except as expressly provided herein. You may disclose the Confidential Information only to those of your employees, contractors, and other agents (collectively “Representatives”) who require knowledge of the Confidential Information to accomplish the Purpose and who have been advised by you of your obligations under these Terms and who have agreed in writing or are under a professional duty to maintain the confidentiality of the Confidential Information. You are liable for each Representative’s compliance with these Terms. You shall give immediate notice to Company of any unauthorized use or disclosure of the Confidential Information and assist Company in remedying any such unauthorized use or disclosure. Confidential Information will not include any information which: (a) is already lawfully in your possession without any obligation of confidentiality; (b) is or becomes generally available to the public through no fault or omission by you; or (c) is independently developed by you without any use of any Confidential Information.
If any Confidential Information is required to be disclosed by you as a matter of applicable law, you will use all reasonable efforts to provide Company with prior notice of such disclosure and to obtain a protective order therefor. You shall promptly return or destroy (at Company’s option) all copies and excerpts of the Confidential Information to Company when no longer needed or when requested to do so by Company, except for copies of documents in electronic formats that are made as a consequence of automatic backup processes and procedures; provided, however, that such copies are destroyed upon the normal expiration of such automatic backup processes. You agree that Company’s remedies at law for a breach by you of your obligations hereunder may be inadequate and that Company shall be entitled to seek equitable relief without the requirement of posting a bond.
Third Party Services and Sites.
The Services may contain features designed to interoperate with your or a third party’s web-based, mobile, or other application (collectively referred to as “Third Party Services”). For example, this may include connecting your Wallet address or other accounts. To use such features, you may be required to obtain access to such Third Party Services from their providers, and grant Company access to your account(s) on such Third Party Services. If you use a Third Party Service with the Services, you hereby instruct Company to allow the Third Party Services and its provider to access Submitted Content and your data. Any use or connection of Third Party Services, and any exchange of content, information or data with the Third Party Service provider, product or service, whether transmitted by you or Company on your behalf, is solely between you and the applicable Third Party Service provider. Company does not warrant or support Third Party Services. Company is not responsible for any disclosure, modification or deletion of your data or content resulting from access by any Third Party Service or its provider.
If there are other websites and resources linked to on the Services, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.
No Guarantee of Service.
Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.
Beta Offerings.
We may offer certain Services to you to try at no additional charge, and which are designated as beta (including Beta Versions, as defined below), free trials, limited release, non-production, developer preview, proof of concept, evaluation, or other similar designation (collectively, the “Beta Offerings”). Your use of Beta Offerings is subject to any additional terms that we specify and is only permitted for the evaluation period that we designate. Except as otherwise set forth in this Section 10, these Terms governing the Services fully apply to Beta Offerings. We may modify or terminate your right to use Beta Offerings at any time and for any reason in our sole discretion, without liability to you. You must accept any modifications to continue using the Beta Offerings, otherwise your exclusive remedy is to cease using the Beta Offerings.
You understand that any pre-release and beta Services, and any pre-release and beta features within generally available Services that we make available (“Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Services. We make no promises that any Beta Versions will ever be made generally available. In some instances, we may charge a fee in order to allow you to access certain Beta Offerings or Beta Versions, but your access will still remain subject to this Section 10.
All information regarding the characteristics, features, or performance of any Services and any Beta Offerings (including Beta Versions) constitutes our Confidential Information and intellectual property, and you may not disclose such Confidential Information to any person or entity and you may not use it for any purpose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OBLIGATIONS OR LIABILITIES WITH RESPECT TO SERVICES AND BETA OFFERINGS, INCLUDING ANY SUPPORT, WARRANTY AND INDEMNITY OBLIGATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU WITH RESPECT OF ANY BETA OFFERINGS WILL NOT EXCEED $10 USD.
Disclaimer of Warranties and Release of Liability.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON OR ANY CONTENT YOU RECEIVE AS A RESULT OF YOUR RELATIONSHIP WITH COMPANY. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT. YOU ALSO AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY.
You hereby release, waive, forever discharge, and agree to hold harmless Company, its customers, and their respective affiliates and all persons acting under Company and/or its customers’ respective permission or authority, from any claims, liabilities, demands, actions or any causes of action whatsoever arising out of or relating to use and commercialization of Submitted Data. YOU HEREBY WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES CONTAINED HEREIN. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES CONTAINED HEREIN. YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
COMPANY DOES NOT ASSUME RESPONSIBILITY FOR ANY INHERENT RISKS ASSOCIATED WITH BLOCKCHAIN TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, DESIGN OR IMPLEMENTATION FLAWS THAT AFFECT THE OPERATION OF ANY BLOCKCHAIN. FURTHERMORE, COMPANY DOES NOT ASSUME RESPONSIBILITY FOR ANY ISSUES RELATING TO THE CONTINUING VIABILITY OF A BLOCKCHAIN, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO RETAIN THE TECHNICAL EXPERTISE REQUIRED TO SUPPORT A BLOCKCHAIN OR THE PERFORMANCE OF A BLOCKCHAIN WITH RESPECT TO TRANSACTION TIMES. COMPANY MAKES NO GUARANTEE AS TO THE FUNCTIONALITY OF ANY BLOCKCHAIN'S GOVERNANCE OR CONTROL MECHANISMS, WHICH COULD, AMONG OTHER THINGS, LEAD TO DELAYS, CONFLICTS OF INTEREST, OR OPERATIONAL DECISIONS THAT ARE UNFAVORABLE TO CERTAIN OWNERS OF DIGITAL ASSETS. YOU ACKNOWLEDGE AND ACCEPT THAT THE PROTOCOLS GOVERNING THE OPERATION OF A BLOCKCHAIN MAY BE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES WHICH MAY MATERIALLY ALTER THE BLOCKCHAIN AND AFFECT THE VALUE AND FUNCTION OF DIGITAL ASSETS EVIDENCED ON THAT BLOCKCHAIN. COMPANY DOES NOT ASSUME RESPONSIBILITY FOR FUNDAMENTAL ADVANCEMENTS IN CRYPTOGRAPHY WHICH COULD RENDER INOPERATIVE THE CURRENT CRYPTOGRAPHY ALGORITHMS UTILIZED BY A BLOCKCHAIN SUPPORTING A SPECIFIC DIGITAL ASSETS. COMPANY MAKES NO GUARANTEE AS TO THE SECURITY OF ANY BLOCKCHAIN. COMPANY IS NOT LIABLE FOR ANY HACKS, DOUBLE SPENDING, STOLEN DIGITAL ASSETS, OR ANY OTHER ATTACKS ON A BLOCKCHAIN, INCLUDING, BUT NOT LIMITED TO, MAJORITY ATTACKS IN WHICH A NATION-STATE OR OTHER PARTY WITH SUFFICIENT COMPUTING POWER IS ABLE TO CONTROL AND MANIPULATE THE RECORDS OF A BLOCKCHAIN.
Limit of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE SERVICES. COMPANY’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO FEES ACTUALLY PAID BY YOU IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED U.S. DOLLARS ($100). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
Indemnification.
You shall indemnify and hold harmless Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (a) your violation of these Terms, (b) your use of the Services, (c) any of your Submitted Content, (d) your violation of any third party right, (e) your breach of applicable law, or (f) your negligence or willful misconduct.
Governing Law.
This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware.
Dispute Resolution. Please read the following arbitration agreement in this Section carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us
Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Pre-Arbitration Dispute Resolution. Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@kled.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company should be sent to the following address: 2055 Limestone Rd Suite 200-C, Wilmington, DE 19808. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer_arbitration . If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company may, in its sole discretion, pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company may pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company may pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
One Year Limitations Period. You agree that any claim against Company must be brought within one year of the date on which you first become aware, or reasonably should have become aware, of facts giving rise to such claim. You agree that this one-year limitations period is reasonable and that if you fail to provide notice of intent to initiate an informal dispute resolution conference within such time, your claim will be forever barred and may not be pursued against Company, either in arbitration or a court.
Opt Out. Within 30 days of first accepting the Agreement containing this Arbitration Agreement, you can choose to reject this Arbitration Agreement by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this Arbitration Agreement for the first time. You must mail the opt-out notice to the Notice Address. The opt-out notice must include your name, address, phone number, and the email address(es) used to log in to the Services to which the opt-out applies, and can only be submitted on behalf of yourself. You agree to maintain your own copy of any opt-out request that you mail to Primer. Mass, group, collective, or consolidated opt-outs are not permitted. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Agreement will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have or may enter into with us. If you do not opt out of this Arbitration Agreement, but reject a future change to arbitration provisions, you agree that you will individually arbitrate any dispute in accordance with the language of this version of the Arbitration Agreement.
Court Proceedings. Subject to and without waiver of the Arbitration Agreement, you and we each submit to exclusive personal jurisdiction and agree that any judicial proceedings (other than small claims actions) will be brought in the state or federal courts located in the State of Delaware.
General Terms.
These Terms constitute the sole and entire agreement between you and Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No waiver of these Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Feedback.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@kled.ai. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (iv) such Feedback is the exclusive property of Company and you hereby assign us all right, title, and interest in and to such Feedback and, to the extent applicable, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback.
You further agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services, and related systems, and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.
Publicity.
You agree that we may identify you as a customer and advertise or publicize our provision of the Services to you, including on our website or in our promotional materials. You grant us a non-exclusive, worldwide, right and license to use your company name and logo in marketing, sales, financial, and public relations materials and other communications for purposes of identifying you as a customer. You further agree to allow us to use your name, logo and examples and visuals of how you are using the Services in the public domain, in corporate, promotional and marketing materials and content, and in the normal course of business.
Additional Terms for Mobile Applications.
19.1 General. We may make available software to access the Services via a compatible mobile device (such software, a “Mobile App”). To use a Mobile App, you must have a mobile device that is compatible with such Mobile App. We do not warrant that any Mobile App will be compatible with your mobile device. You may use mobile data in connection with a Mobile App and may incur additional charges from your wireless service provider in connection with such Mobile App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the Mobile App(s) under your Services account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google (as each of those terms is defined below) permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any Mobile App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any Mobile App, except to the extent that such restriction is expressly prohibited by applicable law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any Mobile App to any third party, or use any Mobile App to provide time sharing or similar services for any third party; (c) make any copies of any Mobile App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any Mobile App, features that prevent or restrict use or copying of any content accessible through any Mobile App, or features that enforce limitations on use of the Mobile App; or (e) delete the copyright or other proprietary rights notices on any Mobile App. You agree that we may, from time to time, issue upgraded versions of Mobile Apps and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into a Mobile App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to any Mobile Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
19.2 iOS App. This Section 19.2 applies to any Mobile App you acquire from the Apple App Store (such Mobile App, the “iOS App”). These Terms are solely between you and Company, not Apple, Inc. (“Apple”), and Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Company as the provider of the iOS App. Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the iOS App, or your possession and use of the iOS App, infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS App, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to the iOS App against you as a third-party beneficiary thereof.
19.3 Android App. This Section 19.3 applies to any Mobile App you acquire from the Google Play Store (such Mobile App, the “Android App”): (a) these Terms are between you and Company only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Company, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) Google is a third-party beneficiary to these Terms as they relate to the Android App.
Last Updated On: September 22, 2025