Terms of Service

Effective Date: Jan 20, 2024

1. Terms

Thank you for using Katzuki platform ("Service," "Katzuki," or "KatUI"). This Terms of Service Agreement ("Agreement") clarifies your rights regarding generated contents ("Assets"). This Agreement is formed between neko, inc. ("We," "Us," or "Our") and the individual or entity accepting Terms of Service ("Customer," "You," or "Your"), and it regulates the Customer's access and use of the KatUI.

The Agreement becomes effective when the Customer is shown this Agreement or begins using the Services or handling Assets ("Effective Date"). These terms are subject to periodic updates and will be re-presented to the Customer. Continued use of the Services implies acceptance of revised Terms. Discontinue using the Services if You disagree with this Agreement.

By using the Services, You affirm that You are at least 18 years old and meet or exceed the minimum age for digital consent in Your jurisdiction. If You are of an age to access the Services but not old enough to legally agree to our terms, a parent or guardian must consent to these terms on Your behalf. We do not guarantee age-appropriateness of the Assets.

2. Community Guidelines


3. Service

The Services are continuously enhanced and may undergo changes. The Services and Assets are offered "AS IS" without any warranties, either expressed or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. You bear full responsibility for assessing the suitability of using or redistributing the Assets and assume all risks associated with the Services' use. You acknowledge and agree that we shall not be liable to You or any third party for any lost profits, usage, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, regardless of how they occur. Your use of the service is Your responsibility. In the event that You cause harm to another person or become involved in a dispute with someone else, we will not intervene. Should You willfully infringe on someone else's intellectual property rights and this results in financial costs to us, we will seek to recover those costs from You. Additionally, we may pursue legal action to recover our legal expenses.

You retain full ownership of all Assets created using the Services, to the maximum extent permitted by applicable law.

4. Usage

The Services must not be used for creating competitive products or services, reverse engineering, or using automated tools for interaction or Asset generation. Reselling or redistributing the Services or access thereto is prohibited. You may not use the Service to infringe on intellectual property rights, or perform any unlawful activities with respect to applicable law.

Violation of the Agreement may result in permanent ban. In this case, we reserve the rights to disclose relevent information to third party for law enforcement purposes.

Each registered account is limited to one user, and each user is limited to one account.

5. Rights to Us

In utilizing the Services, You grant Us, along with its successors and assigns, a continuous, global, non-exclusive, sublicensable, free of charge, royalty-free, and irreversible copyright license. This license encompasses the rights to reproduce, create derivative works from, publicly display, publicly perform, sublicense, and distribute any text and image prompts You input into the Services, as well as any Assets You generate through the Service. This license remains in effect even after the termination of this Agreement, regardless of the reason for termination.

6. Billing

We may issue invoices for Your use of the Services via a third-party payment service provider. In instances of conflict, the terms of service of the third-party provider will take precedence over this Agreement.

You have the option to cancel Your plan at any time. Similarly, we reserve the right to terminate Your access to the Service for any reason, including breaches of the Community Guidelines or other improper use of the Service. Any infringement of the Community Guidelines constitutes a violation of this Agreement. While You will not receive a refund for the current subscription period, no further charges will be incurred after its conclusion.

7. Disputes and Other Stuff

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of law principles. If a dispute, controversy, or claim (collectively, "Dispute") arises from or relates to these Terms, it will be resolved through binding arbitration instead of in court. The parties agree to first attempt to amicably resolve the Dispute within 30 days of its occurrence. Failing resolution within this period, the Dispute will be settled through arbitration conducted by the American Arbitration Association’s International Centre for Dispute Resolution, following its Expedited Commercial Rules effective as of the date of this Agreement ("Rules"). The parties will jointly select an arbitrator.

The arbitration will take place in English in Santa Clara County, California, USA. Either party may seek interim injunctive relief from a competent court to protect its rights while awaiting the arbitration outcome. The arbitrator is authorized to grant equitable or injunctive relief in line with the remedies and limitations set forth in this Agreement. The arbitration award will be conclusive and enforceable in any court with jurisdiction over the parties or their assets.

Each party is responsible for its own legal and expert fees and expenses, irrespective of the arbitrator's final decision on the Dispute.

This Agreement does not establish any form of agency, partnership, or joint venture between the involved parties. Neither party shall be held liable for any failure or delay in their performance when such failure or delay is due to circumstances beyond their reasonable control, including natural disasters. If any portion of this Agreement is found to be invalid, illegal, or unenforceable, the remainder of the Agreement will continue to be valid and enforceable. This Agreement does not bestow any benefits upon third parties, except where it explicitly states otherwise.

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