Terms and Conditions of Use

Date of last revision: January 31, 2024

1. Introduction

Welcome to KARAK.AI, a division of NetSense LLC ("NetSense"), a company established and operating under the laws of the State of Texas, U.S.

These Terms and Conditions of Use ("Terms of Use") are entered into between you and NetSense, including any of its current and/or future divisions and affiliates (collectively, “NetSense," "KARAK.AI", “we", “us", "our", or similar terms) and constitute a legally binding agreement between you and NetSense. These Terms of Use govern your access to and use of the KARAK.AI website, and its services (collectively, "Services"). “You," “your," and similar terms refer to you, as an individual, as well as the business or entity on whose behalf you are accessing or using the Services, as well as any person or entity that has rights through you.

Please be aware that certain Services offered by KARAK.AI are experimental in nature and are provided on an "as is" and "as available" basis. These experimental services are subject to change, may contain errors, and may be discontinued at any time. By accessing or using these experimental services, you acknowledge and agree that such use is entirely at your own risk and discretion. KARAK.AI disclaims all liability and responsibility arising from any reliance placed on such services by you or any other visitor to our website, or by anyone who may be informed of any of its contents.

By accessing or using the services, you acknowledge that you have read, understood, and agree to be legally bound by and comply with these terms of use. If you do not or cannot agree with any part of these terms of use, you may not use the services.

2. International Use and Consent to Processing

NetSense LLC is based in the United States, and KARAK.AI operates under its framework. By interacting with KARAK.AI, submitting information via its website, or using any of our Services, you consent to the transfer to, storing, and processing of your data in the United States. This process is conducted in accordance with our Privacy Policy, which provides detailed information about how we collect, use, and protect your data.

We encourage you to review our Privacy Policy to understand the measures we take to protect your information and your rights in relation to your data under applicable data protection and privacy laws. Your use of KARAK.AI's Services signifies your agreement to the terms of our Privacy Policy and your consent to the data practices it describes.

3. Changes to Terms and Conditions

NetSense reserves the right to update, change, or replace any part of these Terms of Use at any time without prior notice. Updates and changes to our Terms of Use will be posted on our website and will become effective immediately upon posting. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website and Services following the posting of any changes constitutes your acceptance of those changes.

Please note that no specified advance notice period is required for any change to these Terms, which may be amended at our sole discretion. If you do not agree to the revised Terms, you should discontinue your use of the Services.

4. Service Availability

NetSense LLC and KARAK.AI do not guarantee that the Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal when possible.

Please understand that access to our Services may be interrupted, suspended, or terminated from time to time for any of several reasons, including but not limited to the malfunction of equipment, periodic updating, maintenance or repair of our website, or other actions that NetSense, in its sole discretion, may elect to take.

In no event will KARAK.AI, NetSense, or their directors, employees, agents, or affiliates be liable for any losses or damages of any kind arising out of or in connection with any interruption, suspension, or termination of the Services, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent, or advertent. Furthermore, NetSense is not responsible for any inability to access our Services or any part thereof due to network problems, communication failures, or any other reasons beyond our control.

5. Eligibility

The Services are intended for use by adults who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and otherwise meet all of the eligibility requirements contained herein.

6. Account Registration

To access certain features of our Services, you may be required to create an account with KARAK.AI. When creating an account, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your account password and any other credentials used to access your account.

You are responsible for any activity that occurs under your account, whether authorized by you or not. If you become aware of any unauthorized use of your account or any other breach of security, it is your responsibility to notify KARAK.AI immediately. Until such notification is received, you will be liable for any unauthorized use of your account. KARAK.AI cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation or from any unauthorized use of your account.

7. User Comments, Postings, and Ideas

The Services may provide opportunities for you to post or submit feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through the Services will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as defined in our Privacy Policy). You are solely responsible for the content you transmit or post, and NetSense assumes no responsibility or liability for any content submitted by you or any other visitor of our Services.

By submitting any ideas, information, concepts, know-how, techniques, or materials, you grant NetSense a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, in whole or in part, and agree that NetSense is free to use them for any purpose.

KARAK.AI reserves the right, but is not obligated, to monitor and review user contributions. We may remove or refuse to post any user contributions for any or no reason in our sole discretion. Without limiting the foregoing, we have the right to remove any content that, in our sole judgment, violates these Terms of Use, any applicable laws, or regulations, or is otherwise objectionable or harmful. This includes, but is not limited to, content that is defamatory, obscene, abusive, invasive of privacy, or infringing on intellectual property rights. We may take these actions without prior notice to you or any third party. Removal or refusal to post should not be construed as an endorsement or validation of the content by KARAK.AI.

We may also take any action, including disclosing your identity or other information about you, with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for NetSense.

8. Intellectual Property Rights

The content, features, functionality, and software solutions developed and provided by KARAK.AI, including but not limited to text, graphics, logos, images, software code, and the compilation thereof, are the exclusive property of NetSense, its licensors, or other providers of such material. These elements are protected under copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

By using the Services, you acknowledge that any software solutions, including but not limited to those developed as part of KARAK.AI's experiments or offered as products, and all associated intellectual property rights, remain the sole property of NetSense. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and any software solutions provided by KARAK.AI strictly in accordance with these Terms of Use.

Unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of any software solutions or any other content provided by KARAK.AI, without prior written consent from NetSense, is strictly prohibited. Such unauthorized use may result in legal action, including but not limited to copyright infringement claims, patent infringement claims, and other legal remedies available under the law. NetSense reserves the right to enforce its intellectual property rights to the fullest extent permitted by law.

9. Prohibited Uses

You are prohibited from using the Services or its content:

For any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation.
To exploit, harm, or attempt to exploit or harm minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit or send any unsolicited advertising or promotional material, including "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate KARAK.AI, a KARAK.AI employee, another user, or any person or entity.
To engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm KARAK.AI or users of the Services or expose them to liability.

Additionally, you agree not to:

Disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
Use any robot, spider, or other automatic devices, processes, or means to access the Services for any purpose, including monitoring or copying material from the Services.
Use any manual process to monitor or copy material from the Services without prior written consent.
Use any device, software, or routine that interferes with the Services' proper working.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Conduct a denial-of-service attack or a distributed denial-of-service attack against the Services.
Interfere with the proper working of the Services in any other way.
Violation of these prohibitions may result in termination or suspension of your rights to use the Services.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall KARAK.AI, NetSense, or their directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to, use of, or inability to access or use the Services.

Furthermore, KARAK.AI shall not be liable for any loss or damage arising from the unauthorized use of the Services or any information available on it. This includes, but is not limited to, any loss or damage resulting from hacking, data theft, or other unauthorized access to or alterations of your transmissions or content.

Where permitted by law, KARAK.AI and NetSense's total liability for any claims under these Terms of Use, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again) in the twelve (12) months prior to the act that gave rise to the liability.

This limitation of liability is a fundamental element of the basis of the bargain between you and KARAK.AI and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, law) and even if KARAK.AI or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

11. Indemnification

You agree to defend, indemnify, and hold harmless KARAK.AI, NetSense, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your user contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

This indemnification obligation will survive the termination of your account or your use of the Services and your acceptance of these Terms of Use.

12. Governing Law

These Terms of Use and any dispute or claim arising out of, or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Texas, U.S., without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Entire Agreement

These Terms of Use, together with any documents expressly incorporated by reference (including but not limited to the Privacy Policy), constitute the entire agreement between you and KARAK.AI regarding your access to and use of the Services. These documents supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

No amendment to or modification of these Terms of Use will be effective unless it is in writing and signed by a duly authorized representative of KARAK.AI. Any failure by KARAK.AI to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.

14. Contact Information

For any questions regarding these Terms of Use, please contact us through the contact form available on our website.

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