KolWrite - Terms of Use Welcome to KolWrite accessible via https://www.kolwrite.com/ (together with its subdomains, Materials, Marks, features and services, the โWebsitesโ) or to KolWrite mobile application (the โAppโ; collectively, โKolWriteโ or the โServiceโ). Please read the following Terms of Use carefully before using the Service so that you are aware of your legal rights and obligations with respect to ITANU (the โCompanyโ, โweโ, โourโ or โusโ). By accessing or using the Service, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (collectively, the โTermsโ). To the maximum extent permitted by law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. If you do not agree to be bound by these Terms please do not access or use KolWrite. If there is a conflict between the Agreement and any other agreements between the Parties, the terms and conditions of the Agreement shall prevail and govern. 1. Background. KolWrite is an advanced artificial intelligence (โAIโ) powered solution. KolWrite allows users to submit audio, video, and other materials (collectively referred to as โInputโ), which can then be processed to generate text, images, sessions, or other outputs (collectively referred to as โOutputโ) (Together, โInputโ and โOutputโ are referred to as โContentโ). The Service is designed to provide a comprehensive solution for multilingual transcription, content summarization, and interactive conversation management. It enables users to generate accurate, efficient, and high-quality results in multiple languages, adapting to diverse needs. KolWrite is a unique platform aimed at revolutionizing communication and transcription, ensuring an enhanced experience for users in the modern age. 2. Modification. We reserve the right to modify or update the terms of use periodically. Material changes may be posted on our Website or communicated through other means, along with an updated effective date. It is your responsibility to regularly review these terms for updates. Your continued use of our Service signifies your acceptance of any changes, and you will be legally bound by the revised terms. If you disagree with the changes, you must discontinue use of the Service immediately. 3. Ability to Accept Terms. The Service is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Service. We reserve the right to suspend access to the Service to any person in breach of this Section. 4. User obligations. The Company aims to ensure that KolWrite is managed properly and appropriately serving its purpose in the best way. As a user, you must comply with all applicable laws, including privacy and data protection regulations, intellectual property laws, and anti-spam laws. You are prohibited from engaging in the following actions: (a) using the Service for illegal, immoral, or malicious purposes, or in ways that contradict the terms of use, including fraud or pyramid scheme or for any purpose not explicitly authorized in this Agreement; (b) misrepresenting your identity, age, or connections with any person or organization; (c) engaging in harassment, bullying, stalking, assault, intimidation, or any behavior causing harm or psychological distress; (d) providing false information within the Service; (f) sharing information about others without their explicit consent or authority, or disclosing proprietary information you are not authorized to share; (g) revealing identifying details about individuals without appropriate approval; (h) infringing on copyrights, trademarks, or any proprietary rights owned by the Company; (i) interfering with the operation of the Service; (j) reverse engineering, decompiling, or attempting to decipher the Service source code; (k) copying, duplicating, distributing, or publishing any part of the Service, including its content, without the Company's prior written consent; (l) using automated means, such as robots or scripts, to access the Service or collect information; (m) using another user's account; (n) integrating third-party applications that interact with our Service without written consent, including AI or machine learning systems; and/or (o) attempting to bypass security measures or technical restrictions implemented by the Company. The Company reserves the right to block or cancel user access to the Service at its sole discretion, especially if users violate the terms of use, without limiting or derogating from any other remedies. Furthermore, you are prohibited from uploading or sharing content that: (a) is abusive, threatening, discriminatory, or promotes racism, sexism, hatred, or bigotry; (b) is offensive or intended to harass, abuse, or cause psychological distress; (c) encourages or facilitates illegal activities, including terrorism or inciting racial hatred; (d) is obscene, pornographic, violent, or contains nudity; (e) facilitates spam transmission; (f) infringes on third-party rights, including intellectual property and privacy; (g) includes details, images, or likenesses of others without consent, or in the case of minors, without parental or guardian consent; and/or (h) may harm the reputation of the Company or its affiliates, including defamatory content or content advocating misuse of the Service. 5. Providing information. You confirm that all information, data, and documents you provide within the service are complete and accurate, relevant and do not include identifying details about any other person without their consent or appropriate authorization. You are not legally obliged to provide us with personal information by any law. Any personal information you provide to us, directly or indirectly through the Service, is governed by our Privacy Policy. In order to use some of the services of KolWrite, you may have to create an account (โAccountโ). You agree not to create an Account for anyone else or use the account of another person without their permission. When creating your Account, you must provide lawful, accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your Account. As between you and the Company, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to the Company at [email protected]. *For your information, personal information or "information" as defined in the Israeli Privacy Protection Law, 1981 and in general, is information that refers to an identified person or a person who can be identified. For example: Data about a person's personality, personal status, intimate details about him and about his life, health status, economic situation, professional training, opinions, and beliefs. You are responsible for the information and content you provide. Share only what you are comfortable, ensuring it does not violate this Agreement or create legal risks for you or us. By uploading, you confirm you have the necessary rights and licenses and grant us a license to use your content as detailed below. We may monitor or review your content and information and reserve the right to remove, edit, or restrict access at our discretion. 6. Fees. 6.1 Services. Our Service includes free-of-charge services, one-time payment services, and subscription-based services (including but not limited to commercial users). To the fullest extent permitted by law, and unless otherwise stated herein, all fees are non-refundable. You must provide and update your payment and contact information as needed for any purchased services. Failure to update your payment information may prevent us from processing payments or issuing refunds. We are not liable for any losses, non-delivery of funds, or non-delivery of documents or information due to your failure to provide, store, and update your payment and contact information. 6.2 Payments. We will charge your designated payment method immediately upon purchase. Subscription-based services are set to automatically renew by default to prevent service interruption. We will charge you up to 30 days before a renewal period begins, including applicable taxes, unless you cancel your subscription before such renewal charging date. You can cancel your subscription by providing notice to KolWrite at: [email protected]. If we cannot process your payment on time, we may not continue providing paid services. If services continue, we reserve the right to charge you for the services, renewals, and any associated late payment costs. It is your responsibility to keep your payment method information accurate and current. We are not responsible for any service cancellations or loss of related products. 6.3 Taxes. In addition to our fees, you are responsible for all related taxes and costs for paid services, including government filing fees, value-added tax (VAT), and any other applicable fees, costs, and taxes. If the actual government filing fee is lower than what we charged, or if we cannot provide the paid services, we will attempt to refund the applicable amount using the payment information associated with your account. 7. Content. 7.1 Your Content. As between the parties and to the extent permitted by applicable law, you own your Input. Subject to your compliance with these Terms, the Company hereby assigns to you all its right, title and interest in and to the Output. This means you can use your Content for any purpose, including commercial purposes such as sale or publication, but only if you comply with these Terms at all times. The Company may use the Content to develop, improve, provide and maintain KolWrite and in furthering its business, comply with applicable law, defend and enforce our rights or the rights of other users, and enforce our policies. 7.2 Your Responsibility. To the maximum extent permitted, you are solely responsible for the Content, including for ensuring that it does not violate any applicable law, these Terms, any third-party rights, or otherwise any unethical, offensive, insulting, harmful, or abusive behavior. You represent and warrant that you own or have all the necessary rights and permissions to provide the Input and use it in the context of the Service. 7.3 Processing of Personal Data. If you use the Service to process personal data of third parties, you must provide legally adequate privacy notices, obtain all necessary consents and comply with all the necessary obligations for the processing of such data to be lawful at all times in the context of the Service, and you represent and warrant to us that you are processing such data in full compliance with applicable laws and regulations. 7.4 Similarity of Output. You acknowledge and understand that, due to the nature of machine learning and generative artificial intelligence, Output may not be unique across users and KolWrite may generate the same or similar output for a third party. Other users may also ask similar questions/queries and receive the same or similar responses. Responses that are requested by and generated for other users are not considered your Content. To the maximum extent permitted by law, you shall release us from any liability in relation to the foregoing. 7.5 Use of Content. We may use Content to help develop and improve KolWrite and the Companyโs business, including its products and services. Furthermore, The Company is not responsible and shall not be held liable for any claim arising from your use of the Content in any manner. 7.6 Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Service to make it more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, the use of our Service may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts or achieve the desired goal or purpose. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. To the maximum extent permitted by law, we shall not be responsible or held liable for the Output or your reliance on the Output. 8. Intellectual Property Rights 8.1 Materials and Marks. The: (i) Service and the content on KolWrite, including without limitation, the Intellectual Property Rights (defined below), text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features and services, other than the Content (collectively, the โMaterialsโ); and (ii) trademarks, service marks and logos contained therein (โMarksโ), are the property of the Company and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. โITANUโ, the Company logo, KolWrite and other marks are Marks of the Company or its affiliates. All other trademarks, service marks, and logos used on KolWrite are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Service and the Materials. โIntellectual Property Rightsโ means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory or judicial authority, foreign or domestic. 8.2 Use of Materials. Materials on KolWrite are provided to you for your information and personal non-commercial use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials you must retain all copyright and other proprietary notices contained therein. 8.3 Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may implement it or use it without restrictions, obligations, or any compensation to you. 9. Third Party Content 9.1 KolWrite enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). KolWrite may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party platforms, services and technologies; and (ii) our partners and customers. 9.2 We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. 9.3 We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content. 9.4 We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source. 9.5 By using KolWrite you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk. 9.6 You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Company, and release the Company from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly. 10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on KolWrite are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility. 11. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with KolWrite, and your use thereof, which we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of the Company, its users or the public. 12. Links. 12.1 KolWrite may contain links, and may enable you to post content, to third party platforms that are not owned or controlled by the Company. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party platforms. You: (i) are solely responsible and liable for your use of and linking to third party platforms and any content that you may send or post to a third party platform; and (ii) expressly the Company from any and all liability arising from your use of any third party platform. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party platform that you may choose to visit. 12.2 The Company permits you to link to KolWrite provided that: (i) you link to but do not replicate any page on KolWrite; (ii) the hyperlink text shall accurately describe the Materials as it appears on KolWrite; (iii) you shall not misrepresent your relationship with the Company or present any false information about the Company and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a latform (โThird Party Platformโ) which prohibits linking to third parties; (v) such Third Party Platform does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you comply with these Terms and applicable law. 13. Privacy. For information on how we use your Personal Data, please read our Privacy Policy available on KolWrite or here. 14. Disclaimers. THE SERVICE IS PROVIDED ON AN โAS ISโ AND โAS AVAILABLEโ BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE OR THE CONTENT WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICE AND THE CONTENT MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICE BY A THIRD PARTY. THE SERVICE IS DESIGNED TO PROVIDE YOU WITH ADVANCED ARTIFICIAL INTELLIGENCE SOLUTION. WHILE WE STRIVE TO ENSURE THAT THE SERVICE OPERATES IN AN ACCURATE, FAIR AND UNBIASED MANNER, IT IS IMPORTANT TO ACKNOWLEDGE THAT NO ARTIFICIAL INTELLIGENCE SYSTEM IS PERFECT. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED THAT THE SERVICE MAY INADVERTENTLY PRODUCE CONTENT THAT IS INACCURATE, BIASED, OFFENSIVE, OR OTHERWISE INAPPROPRIATE. YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM CONTENT OF THE SERVICE. WHILE THE SERVICE MAY PROVIDE ACCESS TO CERTAIN INFORMATION, THE SERVICE CANNOT, AND IS NOT INTENDED TO, PROVIDE ANY PROFESSIONAL ADVICE OF ANY KIND. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE OF THE SERVICE AND/OR USE OF THE CONTENT OR ANY INFORMATION PROVIDED BY THE SERVICE. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE. 15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT; AND/OR RELIANCE ON INFORMATION PROVIDED BY THE COMPANY OR THROUGH THE SERVICE. THESE LIMITATIONS APPLY EVEN IF THE COMPANY OR ITS AGENTS WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM OF RELIANCE AGAINST THE COMPANY SHALL BE MADE OR HEARD. Users bear full responsibility for any information they choose to publish within the Service and shall indemnify the Company for any damages caused by their actions or omissions, due to a violation of the terms of use, or by any third party on their behalf. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY'S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO FILING A LEGAL PROCEEDING AGAINST THE COMPANY. THIS LIMITATION APPLIES REGARDLESS OF THE BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) AND COVERS ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. Please note that some jurisdictions do not allow the limitation of certain damages, so these limitations may not apply to you. 16. Indemnification. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising from or related to your access or use of our Service, your content and uploaded details and information, or your breach of this Agreement. 17. Contact Us. If you have any questions about the Service, to report malfunctions or any issues you encounter with the Service, or for requests and suggestions, please email us [email protected], and we will strive to address your inquiry as soon as possible. 18. General. The Company reserves the right to cancel the Service and to change its structure, appearance, availability, and any other characteristic, at any time without the need to provide prior notice. These terms shall be governed exclusively by the laws of the State of Israel. The exclusive jurisdiction for any matter relating to this agreement, its terms, and/or use of the service shall be the competent courts in the Tel Aviv-Jaffa area. This Agreement may not be assigned, in whole or in part, by either party without the prior written consent of the other, except that the Company may assign this Agreement or its rights or obligations to any affiliate, or to a successor or affiliate, in connection with a merger, consolidation, or acquisition of all or substantially all of its shares, assets, or business related to this Agreement. Any prohibited assignment will be null and void. This Agreement does not create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties. Neither we nor our affiliates will be liable for any delay or failure to perform any obligation under this Agreement due to a force majeure event, which includes acts of God, epidemics, pandemics, labor disputes, power outages, telecommunications failures, natural disasters, blockages, embargoes, riots, government actions, terrorism, war, or any other cause beyond our reasonable control. Last Update: January 22, 2025