Terms of Service for Khaki– Newsletters

Effective Date: January 12, 2025

Welcome to Khaki. These Terms of Service (“Terms”) govern your use of our app, website, and any related services provided by Khaki AI LLC (“Khaki”, “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, please do not use our Services.

1. Overview of Services

Khaki AI leverages AI technologies to help users manage their inboxes, and read emails more effectively. Our Services integrate with email platforms such as Microsoft Outlook and Gmail and provide an organized, user-friendly interface for managing email communication.

2. Eligibility

To use Khaki AI, you must:

• Be at least 18 years old or the age of majority in your jurisdiction.
• Have a valid email account with a supported email provider.
• Agree to comply with these Terms and all applicable laws.

3. Account Registration

• You must create an account to access certain features of Khaki – Newsletters.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate and up-to-date information during registration.

4. Use of AI Services

Khaki AI utilizes third-party AI technologies, including OpenAI, to provide email management, organization and rendering features. By using Khaki AI:

• You consent to the processing of your data through these third-party services.
• You acknowledge that while we strive for accuracy, AI-generated content management may contain errors.
• The third-party AI services used by Khaki are governed by their respective terms of service and privacy policies. We encourage you to review these terms, as your data may be processed or stored by these providers to facilitate our Services.
• You understand and agree that Khaki does not control the functionality or availability of third-party AI services and is not responsible for any disruptions or limitations caused by these services.

5. Data Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

6. Prohibited Activities

When using Khaki, you agree not to:

• Violate any laws or regulations.
• Use the Services for spam, harassment, or any unauthorized communication.
• Reverse-engineer or attempt to extract the source code of our Services.
• Interfere with the functionality of the Services or misuse AI-generated content management.

7. Intellectual Property

• All content provided by Khaki, including designs, features, and AI-generated outputs, is owned by or licensed to us. You are granted a limited, non-exclusive, and revocable license to use the Services for personal or business purposes.
• You retain ownership of your original emails for content emailed and rendered by our Services.

8. Subscription and Payments

• Some features of Khaki AI may require a subscription.
• Subscription terms, including pricing, billing cycles, and cancellation policies, are outlined at the time of purchase.
• We reserve the right to change pricing or subscription terms with prior notice.

9. Termination

We may suspend or terminate your account or access to the Services if:

• You violate these Terms.
• We discontinue the Services or encounter unforeseen technical challenges.

10. Disclaimers

• Khaki is provided on an “as is” and “as available” basis.
• We do not guarantee uninterrupted or error-free functionality.
• To the extent permitted by law, we disclaim all warranties, express or implied.

11. Limitation of Liability

• To the maximum extent permitted by law, Khaki and its affiliates are not liable for indirect, incidental, or consequential damages arising from the use or inability to use the Services.
• Our total liability is limited to the amount paid by you for the Services in the past 12 months.

12. Indemnity

You agree to indemnify, defend, and hold harmless Khaki, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your use or misuse of the Services
• Your abuse of Services.
• Your violation of these Terms.
• Your violation of any laws, regulations, or third-party rights.

13. Governing Law and Arbitration

• These Terms are governed by the laws of the State of Ohio, without regard to its conflict of laws principles.
• Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration conducted in the State of Ohio, in accordance with the rules of the American Arbitration Association (AAA).
• By agreeing to arbitration, you waive your right to a jury trial or to participate in a class action.
• The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
• If any part of this arbitration provision is deemed unenforceable, the remaining parts shall still apply.

14. General

These Terms of Service constitute the entire agreement between you and Khaki AI and govern your use of the Service, superseding any prior agreements between you and Khaki AI with respect to the Service. You may be subject to additional terms and conditions when you use affiliate or third-party services, third-party content, or third-party software.

These Terms will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Khaki AI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Franklin County, Ohio.

The failure of Khaki to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms without the prior written consent of Khaki AI. As an exception to the foregoing, you may assign these Terms in their entirety to your successor resulting from a merger, acquisition, or sale of all or substantially all of your assets, provided that you provide Khaki AI with prompt written notice of the assignment and the assignee agrees in writing to assume all of your obligations under these Terms. Khaki AI may assign, sublicense, or transfer any or all of its rights and obligations under these Terms without restriction.

The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.

15. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may contact us at the mailing address listed on our Contact page or by telephone at (510) 224-4623.

16. Modifications to Terms

We may update these Terms from time to time. We will notify users of significant changes via email or within the Services. Continued use of Khaki AI after changes constitutes acceptance of the revised Terms.

17. Contact Us

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