User Agreement (Effective Date: [Insert Effective Date])
Last Updated: [Insert Last Updated Date]
By downloading, installing, accessing, or using the Kleper AI Character Chat Application ("App") and all associated services, features, content, and functionality (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by this User Agreement ("Agreement") and our Privacy Policy (available at [Insert Privacy Policy Link]). This Agreement constitutes a legally binding contract between you and Kleper (the "Company," "we," "us," or "our").
If you are using the App on behalf of a business, organization, or other legal entity ("Entity"), you represent and warrant that you have the authority to bind such Entity to this Agreement, and "you" shall refer to both you and the Entity. If you do not agree to all terms of this Agreement or the Privacy Policy, you may not use the App or Services.
IMPORTANT NOTE: This Agreement includes provisions that limit our liability to you, require arbitration of disputes between us (instead of litigation in court), and waive class action rights. Please read these provisions carefully.
To use the App and Services, you must: (a) be at least 13 years of age (or the minimum age required by applicable law in your jurisdiction to use online services without parental consent); (b) have the legal capacity to enter into a binding contract (or have parental/guardian consent if you are a minor); and (c) comply with all applicable laws, regulations, and this Agreement.
If you are a minor (under the age of 18 in most jurisdictions), your parent or legal guardian must review and agree to this Agreement on your behalf before you use the App or Services. We reserve the right to verify your eligibility and to suspend or terminate your access if we determine you do not meet the eligibility requirements.
The App is an AI character chat application built for iOS 14.0 and later, featuring a stacked card interface for browsing, interacting with, and customizing AI characters (e.g., Explorer, Pianist, Firefighter, Painter, Writer) with distinct personalities and expertise. Key features include:
We reserve the right to modify, update, or discontinue the App or any part of the Services (including features, content, or functionality) at any time, with or without notice. We may also impose limits on certain features or restrict your access to parts or all of the Services without liability. You agree to accept automatic updates to the App and Services as we may provide from time to time.
Unlike many applications, the App does not require you to create an account, register, or provide personal information (beyond what is necessary for local functionality, as described in the Privacy Policy) to access and use its core features. However, you acknowledge that:
You may use the App and Services only for lawful purposes and in accordance with this Agreement. You agree to use the App and Services in a manner that complies with all applicable federal, state, local, and international laws, regulations, and guidelines (including, without limitation, laws related to data privacy, intellectual property, and online conduct).
You shall not, and shall not allow any third party to, use the App or Services to:
You are solely responsible for backing up any data you generate or store through the App (including chat history, custom character settings, and preferences). We do not guarantee the availability, accuracy, or integrity of any data stored locally on your device, and we shall not be liable for any loss, corruption, or deletion of such data (except to the extent caused by our gross negligence or willful misconduct).
You shall take all reasonable measures to secure your device (e.g., using passcodes, biometric authentication, or encryption) to prevent unauthorized access to the App and your data. If you believe your device or access to the App has been compromised, you shall notify us immediately at kleperaichat8@outlook.com.
The App, Services, and all content, features, and functionality therein (including, without limitation, software, code, design, graphics, logos, trademarks, text, images, audio, video, and AI character templates) are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted to you in this Agreement are reserved by the Company and its licensors.
You may not use any of the Company's trademarks, service marks, logos, or other brand identifiers (collectively, "Trademarks") without our prior written consent. The Trademarks include "Kleper" and any other names, logos, or slogans associated with the App or Services.
"UGC" means any content you create, upload, post, or otherwise share through the App, including custom AI character settings, chat messages, and any other materials you generate. You retain all ownership rights to your UGC, subject to the license granted below.
By submitting UGC to the App, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, translate, display, and perform your UGC in connection with the App, Services, and our business operations (including, without limitation, for marketing, promotional, and development purposes). This license is necessary to enable us to provide and improve the App and Services (e.g., to store your chat history, display your custom characters, and optimize AI functionality).
You represent and warrant that: (a) you own or have the necessary rights to grant the license above for all UGC you submit; (b) your UGC does not infringe any third-party intellectual property, privacy, publicity, or other rights; (c) your UGC does not violate any applicable law or this Agreement; and (d) your UGC is not harmful, objectionable, or misleading.
We reserve the right to review, moderate, or remove any UGC at our sole discretion, without notice, if we believe it violates this Agreement, applicable law, or is otherwise harmful to the App, Services, or other users. We shall not be liable for any UGC, including any loss or damage to UGC, or for any claims arising out of or related to UGC.
THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT: (A) THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS OBTAINED FROM USE OF THE APP OR SERVICES WILL BE ACCURATE, RELIABLE, OR USEFUL; (D) ANY DEFECTS OR ERRORS IN THE APP OR SERVICES WILL BE CORRECTED; OR (E) THE APP OR SERVICES ARE COMPATIBLE WITH ALL DEVICES, OPERATING SYSTEMS, OR SOFTWARE.
THE AI CHARACTERS AND CHAT FUNCTIONALITY ARE POWERED BY AI TECHNOLOGY, WHICH MAY GENERATE CONTENT THAT IS INACCURATE, INCOMPLETE, MISLEADING, OR OBJECTIONABLE. WE DO NOT ENDORSE OR GUARANTEE THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF ANY CONTENT GENERATED BY THE AI CHARACTERS. YOU ACKNOWLEDGE THAT USE OF THE AI CHAT FUNCTIONALITY IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, ANY IMPLIED WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE APP, OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP, OR THE SERVICES (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP OR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IF YOU DID NOT PAY ANY FEES, OUR TOTAL LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (USD $100).
CERTAIN STATE LAWS AND FOREIGN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App or Services; (b) your UGC; (c) your violation of this Agreement or any applicable law, regulation, or third-party right; (d) your negligence or willful misconduct; or (e) any third-party claims related to your use of the App or Services.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any such claim without our prior written consent.
We may terminate or suspend your access to the App or Services at any time, with or without cause, and with or without notice, including, without limitation, if we believe you have violated this Agreement or any applicable law. Upon termination, your right to use the App and Services will immediately cease.
You may terminate this Agreement at any time by uninstalling the App and ceasing all use of the Services. Termination of this Agreement will not affect any rights or obligations that accrued prior to termination.
Sections 6 (Intellectual Property Rights), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 11 (Dispute Resolution and Arbitration), 12 (Governing Law), and 15 (General Provisions) shall survive termination of this Agreement.
Please read this Section carefully. It affects your rights, including your right to file a lawsuit in court.
Before initiating any formal dispute resolution, you agree to contact us at kleperaichat8@outlook.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally, you may proceed to arbitration as described below.
Any dispute, claim, or controversy arising out of or relating to this Agreement, the App, or the Services (collectively, "Disputes") shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") then in effect. The arbitration shall be conducted in the English language in the State of California, USA, unless you and we agree otherwise.
You agree that any arbitration shall be limited to the Dispute between you and us, and shall not be consolidated with any other arbitration or proceeding involving any other party. You further agree that you will not bring any Dispute as a class, collective, or representative action, or participate as a member of a class, collective, or representative action.
The arbitrator's decision shall be final and binding on all parties, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, nothing in this Agreement shall prevent you from bringing an individual action in small claims court, or from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect your intellectual property rights or to address violations of data security or privacy laws.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of laws principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, USA, and you consent to the personal jurisdiction of such courts.
You agree to comply with all applicable export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and any sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to U.S. sanctions or export restrictions. You further agree not to use the App or Services in violation of any such laws or regulations.
We reserve the right to modify or update this Agreement at any time. When we do, we will revise the "Last Updated" date at the top of this Agreement and may provide notice to you through the App or via email (if you have provided us with your email address). Your continued use of the App or Services after the effective date of the revised Agreement constitutes your acceptance of the revised terms. If you do not agree to the revised Agreement, you must stop using the App and Services.
This Agreement constitutes the entire agreement between you and the Company with respect to the App and Services, and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. We may assign or transfer this Agreement or our rights hereunder without restriction. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
If you have any questions, concerns, or feedback regarding this Agreement or the App, please contact us at:
Email: kleperaichat8@outlook.com