EsqAI Terms of Service
Kwame AI ("Kwame AI ," "Website", "We," "Us," or "Our") is an AI company that empowers learners and knowledge workers with their personal AI assistants to improve outcomes and productivity.
These Terms of Service, along with any amendments (“Terms”, or “Agreement”) govern the use of our website located at https://esqai.kwame.ai/ and any related services (“Services”) by any person (“You”, “Your”, or “User”) visiting, accessing, browsing through and/or using our Services at any point in time.
When you create an account or use our Services, you agree to abide by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from further using our Services.
We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the web application and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication. Your continued use of our Services means that You accept any new or modified Terms that we come up with.
Further note that the headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner. These headings shall not be used to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
These Terms of Service were last updated on August 1, 2023.
Our Services are only available to persons above the age of 13. If you are below this age, you must obtain permission from your parent(s) or legal guardian before using our Services. By using our Services, you warrant that you have obtained such permission.
Limitations of Use
By using our Services, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms, and your users that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer our web application or any materials and software contained within our Services;
- remove any copyright or other proprietary notations from our web application or any materials and software contained within our Services;
- transfer our web application or any of its associated materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use our web application or any of its associated services in a way that abuses or disrupts our networks or any other service Kwame AI provides;
- use our Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use our Services in violation of any applicable laws or regulations;
- use our Services to send unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use our Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials in our Services is owned by or licensed to us. You may use our web application. However, this constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by us at any time.
You retain your intellectual property ownership rights over content you submit to us for publication within our Services. We will never claim ownership of your content, but we do require a license from you in order to use it.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
Our web application and the materials contained in our web application and Services are provided on an 'as is' basis. To the extent permitted by law, we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall we or our suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our web applications, our websites, or any other Services provided by Kwame AI or the materials in our web applications and websites, even if we or any authorized representative of us has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You warrant that you are not located in, or ordinarily resident in, any country that is subject to applicable U.S. laws and regulations preventing us from providing you access to our Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar services for the purpose of circumventing these laws is strictly prohibited.
You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to an entity on any Sanctions List or otherwise use the services in a manner that would be in violation of applicable laws.
Notwithstanding anything to the contrary in these Terms, Kwame AI may terminate any further obligations to you, effective immediately if you are in breach of the obligations in this section.
Accuracy of Materials
The materials appearing in our web applications or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in our web applications or on our website, or otherwise relating to such materials or on any resources linked to our Services.
We have not reviewed all of the sites linked to our Services and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by us of the site. Use of any such linked website is at your own risk and we strongly advise you to make your own investigations with respect to the suitability of those sites.
We offer paid Services (e.g., subscriptions) for a fee. You are responsible for paying all fees charged by or for us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and we reserve the right to change any fees at any time at our sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
You may cancel your subscription to any of our paid services at any time; however, there are no partial or pro-rata refunds for cancellation. If you cancel your subscription, the cancellation will be effective at the end of the current monthly or annual billing period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
Right to Terminate
We may suspend or terminate your account on our Services and right to use our Services immediately upon written notice to you for any breach of these Terms of Service.
We are committed to safeguarding the privacy and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Please note that you are entirely responsible for any and all activities that occur under Your account and You shall promptly notify Us of any unauthorized use of Your account or any other breach of security. We shall not be liable for any loss that You may incur as a result of third-party access, either with or without Your knowledge.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of Delaware, United States. You irrevocably submit to the exclusive jurisdiction of the courts in Delaware, United States.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org