Terms of Service

Date of Revision: [ 09/24/2024 ]

1. Introduction

Welcome to Kaley.ai!

These Terms of Service ("Terms") govern your use of the Kaley.ai website, platform, and services (collectively referred to as "Services"). By accessing or using our Services, you signify your acceptance of these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must discontinue your use of the Services immediately.

Kaley.ai ("Company," "we," "us," or "our") provides its Services for your personal and non-commercial use only. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, is strictly prohibited without the express written consent of Kaley.ai. Our services are intended for individuals who are 18 years of age or older. By using our services, you confirm that you are at least 18 years old.

Definitions

For the purposes of these Terms, the following definitions shall apply:

• "User," "you," or "your" refers to any individual accessing or using the Services provided by Kaley.ai.

• "Content" refers to all information, text, images, audio, video, and other material available through the Services.

• "Account" refers to the personal profile created by the user to access certain features of the Services.

Kaley.ai is committed to providing a personalized and engaging experience through our AI-powered chat services. Our goal is to enhance communication, relaxation, and companionship for our users. To ensure a safe and enjoyable experience for everyone, we have established these Terms to outline the rights, responsibilities, and obligations of both Kaley.ai and our users.

Please take the time to read these terms carefully. If you have any questions or need further clarification, feel free to contact us at [e-mail].

PLEASE NOTE THAT THESE TERMS INCLUDE AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND KALEY AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU AND KALEY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. General Overview

Description of Services

Kaley.ai is an innovative online chat/image application that leverages advanced artificial intelligence (“AI”) algorithms to create and manage virtual and fictional characters, known as the “AI Chatbot.” Through our Website and Apps, the Services enable users to engage in dynamic and personalized conversations with these AI chatbots. The application generates text-based messages, as well as other forms of media, including but not limited to images, videos, and voice notes (collectively referred to as the “Services”).

Our services are intended for individuals who are 18 years of age or older. By using our services, you confirm that you are at least 18 years old.

To begin using the Services, users are required to either select an existing AI character or generate a new one. The generation process allows users to customize both the physical and personality traits of their AI chatbot using our sophisticated algorithms. Once your AI chatbot is ready, you can immediately start a conversation with the character(s) of your choice. Please note that parts of the Services may require you to create a user account.

AI Chatbot

Kaley.ai’s AI Chatbot are virtual entities designed to simulate human-like interactions, providing users with engaging and personalized communication experiences. While the AI Chatbot can generate realistic dialogues and media, it is important to remember that they are entirely fictional and driven by AI algorithms. These characters do not possess consciousness, emotions, or real-world existence. Interactions with AI Chatbot should be approached with the understanding that they are virtual creations meant for entertainment and companionship.

User Obligations

As a user of Kaley.ai, you are expected to adhere to the following obligations:

1. Compliance with Laws: You must use the Services in accordance with all applicable laws, rules, and regulations. Any illegal or unauthorized use of the Services is strictly prohibited.

2. Personal Use: The Services provided by Kaley.ai are intended for your personal, non-commercial use only. You agree not to reproduce, distribute, or exploit the Services or content for commercial purposes without our express written consent.

3. Respectful Interaction: You agree to interact with AI Chatbot and other users in a respectful and appropriate manner. Any behavior that is abusive, harmful, or otherwise violates the rights of others is strictly prohibited.

4. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Failure to comply with these obligations may result in the suspension or termination of your access to the Services.

3. Underage Policy

We, Kaley.ai, are committed to ensuring that our platform, Kaley.ai (“APP”), is used responsibly and safely by users who meet the legal age requirements. Since the APP provides AI-generated content for registered users, individuals must be at least 18 years old or the legal age in their country of residence to access such material. By using the APP, users confirm that they meet these age requirements and are legally permitted to view adult content.

We have implemented strict measures to monitor and prevent underage users from registering on the platform. Additionally, we ensure that none of the AI-generated content resembles or exploits minors. To maintain compliance with our Terms and Policies, we use a proprietary content moderation system to safeguard against any misuse.

4. Account Management

4.1 Account Creation

To access certain features of Kaley.ai's Services, you may be required to create a user account. During the account creation process, you will need to provide accurate and complete information, including a valid email address and a secure password. By creating an account, you represent that the information provided is truthful and that you are at least 18 years of age or older. You agree to keep your account information up to date at all times.

4.2 Account Responsibilities

As the account holder, you are fully responsible for all activities that occur under your account. This includes any interactions with AI Chatbot, as well as any content generated or shared through the Services. You agree not to share your account with others or allow any unauthorized person to access your account. Any breach of these responsibilities may result in the suspension or termination of your account.

4.3 Confidentiality and Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. It is important to use a strong, unique password and to change it regularly to ensure your account remains secure. If you suspect that your account has been compromised or if you become aware of any unauthorized access to your account, you must notify Kaley.ai immediately at [e-mail]. We will take appropriate measures to protect your account, but you remain responsible for any actions taken using your credentials prior to notifying us.

4.4 Account Termination

Kaley.ai reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms or any applicable laws.

You may also opt-out of our service by terminating your account at any time. Upon termination, your access to the Services will be immediately revoked, and any data associated with your account may be permanently deleted, subject to our data retention policies.

5. Subscription Services

5.1 Subscription Plans

Kaley.ai offers various subscription plans that provide access to different levels of services and features. By subscribing to any of these plans, you agree to the terms and conditions associated with the selected plan.

Each subscription plan comes with its own set of benefits, which may include enhanced AI Chatbot interactions, additional media generation capabilities, or other premium features.

By subscribing to any of these plans, you agree to the terms and conditions associated with the selected plan.

5.2 Token System

Kaley.ai utilizes a Token System that allows users to access various features on the platform. Users can purchase Tokens, which can then be used to engage with different functionalities.

This system provides flexibility and control, allowing users to choose how they wish to interact with their AI Chatbot and customize their experience based on their preferences and available Tokens.

5.3 Third-Party Payment Platforms

Kaley.ai utilizes third-party payment platforms to process your subscription payments. These platforms are responsible for managing your payment information and ensuring secure transactions. By subscribing to a plan, you agree to adhere to the terms and conditions of the respective third-party payment platforms. Kaley.ai is not liable for any issues, errors, or disputes that may arise from the use of these platforms. Any concerns related to payment processing should be directed to the appropriate third-party provider.

5.4 Cancellation and Refund Policy

Cancellation

You have the option to cancel your subscription at any time by following the instructions provided within the APP or on our Website. Upon cancellation, your subscription will remain active until the end of the current billing period, after which it will not be renewed.

At the conclusion of this billing period:

1. Platform Access: Your access will be limited to the free version of the platform. This means you will no longer be able to use subscription features and content that are exclusively available to paid subscribers.

2. Token Usage: Token Usage: Any remaining Tokens in your account will expire and become unusable one year after the date of issuance. Additionally, Tokens can only be used while you have an active subscription plan. If your subscription ends, the Tokens will be deactivated and cannot be used. We encourage you to utilize your Tokens before they expire, as unused Tokens will not carry over or be refunded once your subscription ends.

You are welcome to resubscribe to our platform at any time to regain access to premium features and content. Please note that any Tokens from a previously canceled subscription that were not used within their validity period can be carried over to a new subscription.

If a client initiates a chargeback request, the subscription will be immediately canceled. At that time, all access to premium features and any remaining tokens will be revoked.

Refund Policy

1. Subscription Refund

You may request a refund for your subscription within 24 hours of making a payment. Requests submitted after this 24-hour period will not be eligible for a refund. Additionally, if you have used more than 10 tokens, no refund will be issued, regardless of when the request is made. Please note that we cannot provide refunds for issues caused by user-side technical problems. Refunds are only available for subscriptions purchased using a card. Payments processed through non-refundable third-party providers are not eligible for refunds.

1. Token Refund

Refund requests for token purchases must also be made within 24 hours of payment. Requests made after this time will not qualify for a refund. If any tokens have been used, your refund request will be denied, no matter when it was submitted. In cases of purchase errors, refunds are not guaranteed unless the error is directly attributable to us. Token package refunds are only available for purchases made using a card. Payments made through non-refundable third-party providers do not qualify for refunds.

6. User Safety and Conduct

6.1 User Safety Guidelines

Kaley.ai is committed to providing a safe and respectful environment for all users. To ensure your safety and the safety of others, we encourage you to follow these guidelines:

• Protect Your Personal Information: Kaley.ai places the highest importance on the safety and well-being of our users, fully dedicated to safeguarding your personal data. We strongly advise against sharing private information, including your full name, address, phone number, or financial details, with your AI Chatbot to maintain your privacy.

• Use Strong Passwords: Ensure that your account is protected with a strong, unique password and update it regularly to maintain security.

• Report Suspicious Behavior: If you encounter any suspicious or inappropriate behavior, report it immediately using Contact Us or email: [e-mail].

6.2 Prohibited Content and Activities

To maintain a positive and safe environment, the following content and activities are strictly prohibited on Kaley.ai:

• Prohibited Content: Child sexual abuse material (CSAM), non-consensual content (NCC), revenge porn, blackmail, intimidation, fraudulent content, misleading content, and gambling.

• Illegal Activities: Engaging in or promoting any illegal activities, including but not limited to drug use, violence, or illegal gambling.

• Hate Speech and Discrimination: Any content that promotes hate speech, racism, discrimination, or any form of harassment is not allowed.

• Sexually Explicit Content: Sharing or creating sexually explicit content that violates our community standards.

• Fraudulent Behavior: Attempting to scam, deceive, or defraud other users is strictly prohibited.

• Impersonation: Pretending to be another person, including other users, celebrities, or Kaley.ai staff, is not allowed.

• Malicious Software: Uploading or sharing viruses, malware, or any other harmful software is forbidden.

Violating these rules may result in the suspension or termination of your account.

6.3 Content Moderation

We, Kaley.ai, are committed to fostering a safe and respectful environment for all users. While conversations between users and AI Chatbots are generally confidential, we also recognize the importance of maintaining community standards. To achieve this balance, we have implemented a comprehensive content moderation system that operates as follows:

• Automatic Filtering: All user interactions are automatically filtered through a content moderation system that scans for potential violations of our Terms and Policies. This system is designed to detect content that may be inappropriate, harmful, or otherwise non-compliant.

• Confidentiality Assurance: While moderation is necessary for maintaining community standards, we emphasize that user interactions with AI Chatbots remain generally confidential. Our moderation efforts are focused on ensuring compliance with our guidelines while respecting user privacy.

• Reporting Mechanisms: We rely on our users to help maintain the integrity of our community. If you observe any content or behavior that violates our Terms, you can report it directly through the "Contact" section in the website or by emailing us at [e-mail].

• Discretion and Privacy: While we strive to protect user privacy, we retain the right to reject or remove any content that, in our sole discretion, violates our guidelines. Our approach aims to balance user confidentiality with the need to moderate content effectively.

By using our platform, users agree to comply with these moderation standards and cooperate with any actions deemed necessary to preserve the integrity and safety of the platform.

7. Intellectual Property

Ownership of Intellectual Property

All content, features, and functionality available on or through Kaley.ai, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement of such content (collectively, the “Intellectual Property”), are the exclusive property of kaley.ai or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Intellectual Property is provided solely for your personal, non-commercial use. Unauthorized use of any of the Intellectual Property, including reproduction, modification, distribution, transmission, display, or performance, is strictly prohibited without prior written consent from kaley.ai.

Restrictions on Use of Intellectual Property

Your use of Kaley.ai’s Intellectual Property is limited to personal, non-commercial purposes as expressly authorized by kaley.ai. You agree not to engage in the following activities:

• Reproduction or Distribution: You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the Intellectual Property, except as expressly permitted in these Terms or with prior written consent from kaley.ai.

• Reverse Engineering: You are prohibited from reverse engineering, decompiling, disassembling, or attempting to derive the source code of any software used in connection with Kaley.ai’s Services.

• Trademark Use: You may not use any of kaley.ai’s trademarks, logos, or branding without our explicit written permission. This includes using our trademarks in any manner that is likely to cause confusion among customers or in any way that disparages or discredits kaley.ai.

• Commercial Exploitation: You may not use the Intellectual Property for any commercial purposes, including selling, licensing, or renting the content or services provided by Kaley.ai.

Violation of these restrictions may result in the termination of your access to our Services and could expose you to legal action. kaley.ai reserves all rights not expressly granted in these Terms.

8. Content Policies

8.1 User Content Responsibilities

Users of Kaley.ai are responsible for ensuring that all content they generate, share, or interact with on the platform complies with our Terms and Policies. This includes a strict prohibition on content involving or depicting minors in any inappropriate or illegal manner. Users must not create, share, or distribute any content that could be harmful, exploitative, or otherwise inappropriate for minors. Kaley.ai has a zero-tolerance policy for any content that endangers or exploits underage individuals.

8.2 Content Removal and Moderation

If any content is flagged for potentially involving or exploiting minors, it will be reviewed and, if necessary, removed from the platform. The user responsible for posting such content will be subject to penalties, including the potential termination of their account. Kaley.ai is committed to creating a safe and respectful environment for all users, especially those underage.

8.3 DMCA Policy

At Kaley.ai, we recognize and respect the intellectual property rights of creators and are fully committed to complying with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. Our goal is to ensure that Kaley.ai remains a platform where content creators’ rights are protected.

If you believe that your copyrighted material has been unlawfully posted or distributed on Kaley.ai without your permission, you can contact us directly at [e-mail] to request the removal of the infringing content.

8.4 Blocked Content Policy

Content may be blocked or restricted for a variety of reasons, including but not limited to:

• Violations of Terms of Service: Content that breaches our Terms of Service, including but not limited to illegal activities, hate speech, harassment, or the exploitation of minors, will be promptly blocked.

• Underage Content: Any content involving or depicting minors in an inappropriate or illegal manner will be blocked. We have a zero-tolerance policy for content that endangers or exploits underage individuals.

• Copyright Infringement: Content identified as infringing on the intellectual property rights of others, including violations identified through DMCA notices, will be blocked to protect the rights of content creators.

• Threats to Platform Security: Content that poses a security risk to our platform or users, such as the distribution of malware or phishing attempts, will be blocked immediately.

9. Your Content Ownership and License

When you use the app, you may provide input (“Input”) and receive output (“Output”) from the Services. Together, Input and Output are referred to as “Content.” Your Input, which includes chats and prompts, is only visible within your private account. By providing Input, you confirm that you have the necessary rights, licenses, and permissions to do so.

You retain full intellectual property rights over the Input you provide, and Kaley.ai does not claim ownership of it. However, to operate our services, you grant us a non-exclusive, royalty-free, worldwide, transferable, and sub-licensable license to use, distribute, modify, display, copy, translate, or create derivative works of your content, in accordance with our Privacy Policy. This license can be terminated at any time by deleting your Input or account, except when your Input has been used in commercial or sponsored content, in which case the license will continue until the content is discontinued.

Furthermore, you authorize the use of your username and other identifying information in accordance with your privacy settings and our Privacy Policy.

10. Your Privacy

At Kaley.ai, protecting your privacy is a top priority. For a comprehensive overview of how we handle your personal data, please review our Privacy Policy. By using our Service, you acknowledge and agree to the collection and use of your information as outlined in that policy. We do not disclose any personal information or details of your requests to third parties without your explicit consent, except where required by law.

11. User Content

You may provide inputs (“Input”) through the app and receive responses (“Output”) from the Services based on those inputs. Together, Input and Output are referred to as “Content.” The Input you provide is restricted to chats and prompts that are accessible only within your private account. By submitting Input to our app, you affirm that you have all the necessary rights, licenses, and permissions to do so.

You retain full intellectual property rights over your Input. Kaley.ai does not claim ownership of your Input; however, we do require a license from you to use it for the provision of our services.

By using Kaley.ai or its Services to submit Input that is subject to intellectual property rights, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or create derivative works based on your content, in accordance with our Privacy Policy.

This license can be revoked at any time by deleting your Input or deactivating your account. However, if your Input has been utilized in commercial or sponsored content, the license will remain in effect until the commercial content is discontinued.

You also authorize us to use your username and other account-related information in line with your privacy settings and as detailed in our Privacy Policy.

12. Accuracy Disclaimer

By using our Services, you acknowledge that on-demand generated content may not always be accurate. Since the content is produced by artificial intelligence, we cannot guarantee the precision of the results. Nevertheless, we are continuously working to improve our tool and strive to provide increasingly high-quality service.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KALEY.AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KALEY.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE; (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL KALEY.AI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO KALEY.AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE AS BROAD AS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THESE SECTIONS IS FOUND TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF THAT PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

14. Third-Party Links and Services

14.1 Third-Party Content

Kaley.ai may include content, services, or features provided by third parties. This third-party content is made available for your convenience, and it may include articles, advertisements, offers, or other materials. While we strive to partner with reputable third parties, Kaley.ai does not have control over, and assumes no responsibility for, the accuracy, legality, or reliability of third-party content. Your interactions with third-party content, including any purchases or agreements you make, are solely between you and the third party. You acknowledge that your use of third-party content is at your own risk and is governed by the terms and policies of those third parties.

14.2 Links to External Sites

By accessing an external link, you acknowledge and agree that kaley.ai is not liable for any damages or losses that may arise from your use of or reliance on any content, products, or services available through such external sites. We recommend that you review the terms and privacy policies of any third-party sites you visit to understand their practices and how they may affect you.

15. Dispute Resolution by Binding Arbitration

15.1 Agreement to Arbitrate

This section of the Terms of Service, referred to as the "Arbitration Agreement," governs how you and Kaley.ai will resolve any disputes or claims. You agree that any and all disputes, controversies, differences, or claims (including any non-contractual obligations) arising out of or relating to these Terms of Service, the Services, any advertisements, or any aspect of the relationship or transactions between us, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in force at the time. This Arbitration Agreement does not prevent you from bringing issues to the attention of Hong Kong or other local governmental agencies. By entering into this Arbitration Agreement, both you and Kaley.ai waive the right to a trial by jury or to participate in a class action. The Federal Arbitration Act does not apply; Hong Kong law governs the interpretation and enforcement of this Arbitration Agreement.

15.2 Prohibition of Class and Representative Actions

YOU AND KALEY.AI AGREE THAT ANY CLAIMS OR DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate or join the claims of more than one person or party, nor preside over any form of a consolidated, representative, or class proceeding. 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 warranted by that party’s individual claims.

15.3 Pre-Arbitration Dispute Resolution

Kaley.ai is committed to resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly by contacting our customer support at [e-mail]. If these efforts are unsuccessful, the party intending to seek arbitration must first send the other party a written Notice of Dispute (“Notice”) to [e-mail]. The Notice must describe the nature and basis of the claim or dispute and specify the relief sought. If the dispute is not resolved within sixty (60) days of the Notice being received, either party may commence arbitration. The amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator has determined the award.

15.4 Arbitration Procedures

The arbitration will be administered by the HKIAC under the HKIAC Administered Arbitration Rules in force at the time of arbitration. The law of this arbitration agreement shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in [English or insert preferred language]. The number of arbitrators shall be [one or three]. The arbitrator shall have the authority to award the same damages and relief that a court could award. Unless you and Kaley.ai agree otherwise, any arbitration hearings will be held in a location in Hong Kong reasonably convenient for both parties. If your claim is for HKD $78,000 or less, you may choose to have the arbitration conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or through an in-person hearing as determined by the HKIAC rules.

15.5 Costs of Arbitration

The payment of all filing, administration, and arbitrator fees will be governed by the HKIAC Administered Arbitration Rules and either Schedule 2 or Schedule 3 of these Rules, as agreed upon by the parties or determined by the arbitrator. If the arbitrator finds that the costs of arbitration would be prohibitive compared to the costs of litigation, Kaley.ai will pay as much of the fees as necessary to ensure that the arbitration is not cost-prohibitive. The payment of attorneys' fees will be governed by the applicable arbitration rules.

15.6 Confidentiality

All aspects of the arbitration process, including the proceedings, any rulings, decisions, or awards by the arbitrator, will remain strictly confidential.

15.7 Severability

If any term or provision of this Arbitration Agreement is found to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect. However, if the prohibition of class and representative actions is deemed unenforceable, this entire Arbitration Agreement will be null and void, and the remainder of these Terms of Service will continue to apply.

15.8 Future Changes to the Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, if Kaley.ai makes any future changes to this Arbitration Agreement, you may reject the change by sending us written notice within thirty (30) days of the change to the Notice Address. By rejecting any future change, you agree to arbitrate any disputes between us in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms of Service or any subsequent changes.

16. Changes to the Terms

16.1 Right to Modify Terms

Kaley.ai (operated by kaley.ai) reserves the right to modify or update these Terms of Service at any time, at our sole discretion. Such changes may include, but are not limited to, alterations to our services, policies, or the rights and obligations of users. We encourage you to regularly review the terms to stay informed of any updates or modifications.

16.2 Notification of Changes

In the event of significant changes to these Terms of Service, Kaley.ai will make reasonable efforts to notify users by posting the updated Terms on our website or within the application. Depending on the nature of the changes, we may also send a notification to the email address associated with your account. It is your responsibility to ensure that your contact information is current and accurate to receive such notifications.

16.3 User's Continued Use as Acceptance

By continuing to use Kaley.ai’s services after any modifications or updates to these Terms of Service have been posted, you are acknowledging and agreeing to be bound by the revised Terms. If you do not agree with the changes, your sole remedy is to discontinue use of the services. Your continued use of the services following any changes constitutes your acceptance of the new Terms.

17. Miscellaneous Provisions

If any part of these Terms of Service (TOS) or any related Terms and Policies is deemed unlawful, void, or unenforceable for any reason, that specific provision will not impact the validity and enforceability of the remaining provisions. Such a provision will be enforced to the fullest extent possible to reflect the original intent of the parties involved.

These TOS, along with the Privacy Policy and any other published Terms and Policies, represent the entire agreement between you and us regarding your access to and use of the APP. This agreement overrides any previous or concurrent written or oral agreements between you and us on the same subject.

Your information and technical data will be collected and processed in accordance with our Privacy Policy.

18. U.S.C. 2257 Exemption

Kaley.ai operates as a platform exclusively for AI-generated content, with no involvement of real individuals in the creation or depiction of any material. All content accessible on Kaley.ai (the "Website"), including images, videos, and other media, is entirely produced by artificial intelligence (AI) technology. This ensures that no real persons are portrayed or engaged in the creation process.

As a result, the Federal Labeling and Record-Keeping Law, specifically 18 U.S.C. § 2257, does not apply to Kaley.ai, as our platform does not involve the production or distribution of visual depictions of actual human beings engaged in sexual conduct.

If you have any questions or need further clarification regarding our 18 U.S.C. 2257 Exemption, please contact us at [e-mail] or reach out through the "Contact" section within the web.