Futuro, Inc. Terms and Conditions

Last revised on: February 19, 2025

1. Introduction

The Kyma portal located at https://kyma.app(the “Site”) and the Kyma Future Self services offered through the Site (collectively, with the Site, the “Services”) are provided by Futuro, Inc. (“Kyma”, “us”, and “we”). Future Self is an AI-powered service designed to keep you motivated and accountable on your life journey via personalized messages written in the voice of your future self.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with or before use of such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THE TERMS OF THESE TERMS AND CONDITIONS (THESE “Terms”) TOGETHER WITH OUR PRIVACY POLICY (https://kymalife.ai/privacypolicy) (the “Privacy Policy”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN KYMA AND YOU (“you,” “your”) THAT GOVERNS YOUR USE OF THE SERVICES. BY SIGNING UP FOR AN ACCOUNT AND/OR ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND ABIDE BY THEM. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT THE AGE OF CONSENT IN YOUR JURISDICTION AND CAN ENTER INTO BINDING CONTRACTS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE ORTHE SERVICES.

PLEASE BE AWARE THAT SECTIONS 11.4 AND 11.5 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, INCLUDING ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS A JURY TRIAL AND CLASS ACTION WAIVER WHICH REQUIRES YOU TO BRING DISPUTES AGAINST US ON AN INDIVIDUAL BASIS AND PREVENTS YOU FROM BRINGING THEM AS PART OF A CLASS ACTION AND A WAIVER TO HAVE A RIGHT TO A TRIAL DECIDED BY A JURY.

NOT MEDICAL ADVICE: THE SERVICES ARE INTENDED SOLELY AS A TOOL TO ENCOURAGE YOU WITH YOUR LIFE GOALS. KYMA DOES NOT DIAGNOSE DISEASE, PRESCRIBE TREATMENT, PROVIDE PROFESSIONAL MEDICAL ADVICE, OR PERFORM ANY OTHER ACTS THAT CONSTITUTE THE PRACTICE OF MEDICINE. KYMA AND ITS PERSONNEL AND SUBCONTRACTORS ARE NOT ACTING AS HEALTH CARE PROVIDERS, AND YOUR USE OF ANY INFORMATION PROVIDED VIA THE SERVICES DOES NOT CREATE A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP. AS A RESULT, THE SERVICES ARE NOT INTENDED TO REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.  THE SERVICES ARE NOT FAIL-SAFE AND ARE NOT DESIGNED OR INTENDED FOR USE IN SITUATIONS REQUIRING FAIL-SAFE PERFORMANCE OR ANY USE IN WHICH AN ERROR OR INTERRUPTION IN THE SERVICES COULD LEAD TO SEVERE INJURY TO BUSINESS, PERSONS, PROPERTY OR ENVIRONMENT. 

BY USING THE SERVICES, YOU ARE RESPONSIBLE FOR DETERMINING WHETHER TO SHARE INFORMATION WITH KYMA. 

2. Accounts; Payments

   1. Account Creation.  To use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may not select or create a username intended to impersonate another person or entity that is subject to the rights of another person or entity, or that is obscene or vulgar. We reserve the right to refuse or cancel registration of any username in our sole discretion. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account and all data at any time, for any reason, by following the instructions on the Site. Kyma may suspend or terminate your Account in accordance with Section 10 of these Terms. 

   2. Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information (for example, your password and answers to any security questions) and are fully responsible for all activities that occur under your Account. You agree to immediately notify Kyma of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. You will not share your Account password or the answers to any security questions with any other individual or entity and you will not allow any other individual (including any of your coworkers, colleagues, or business partners or associates) or entity to use your Account. Kyma cannot and will not be liable, and hereby disclaims all liability, for any loss or damage arising from your failure to comply with the above requirements.

   3. Payment of Fees.  You are solely responsible for fees incurred by your Account, at the rates specified in the pricing we provide or make available to you.

   4. Taxes.  Fees do not include any taxes, duties, or assessments that you may owe for use of the Services (“Taxes”), unless otherwise specified in the applicable invoice. You are responsible for remitting any necessary withholding Taxes to the relevant authority on a timely basis and providing us with evidence of the same upon our request. Where a law, rule, or regulation provides for the reduction or elimination of withholding taxes, including via tax treaty, the parties will collaborate in good faith to do so. For clarity, you must pay us the amount ("Gross-up Payment") that will ensure that we receive the same total amount that we would have received if no such withholding or reduction by you had been required (taking into account any and all applicable Taxes (including any Taxes imposed on the Gross-up Payment)).

   5. Billing.  Failure to pay all amounts owed to us when due may result in suspension or termination of your access to and use of the Services. We reserve any other rights of collection we may have.

   
   

3. Access to the Site and Services 

   1. Subscription.  Subject to your compliance with these Terms and your payment of all fees due to Kyma, you may use and access the Services solely for, as applicable, your personal, non-commercial use for such time as you are permitted by Kyma as a valid, active, fee-paying user. You may not use the Services for any commercial, financial, or other similar purpose without the prior written consent of Kyma in each instance. These Terms do not grant you any right to reproduce, modify, distribute, or publicly display or perform the software included in the Service or any portion thereof or (b) any other right to the Services not specifically set forth in these Terms.

   2. Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access or use Services in order to build a similar or competitive website, product, or service; (d) you shall not access or use the Services for any timesharing or service bureau purposes or to otherwise provide the Services, in whole or in part, to a third party; and (e) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) or the Services must be retained on all copies thereof. If you access the Services from outside the United States, you are responsible for compliance with foreign and local laws. Kyma does not provide services to governments, governmental agencies, businesses, individuals, other groups, or any of their agents that are subject to U.S. trade sanctions. By using the Services, you represent and warrant that you and your agents are not subject to any U.S. trade sanctions.

   3. Modification.  Kyma reserves the right, at any time, to modify or suspend the Services (in whole or in part) with or without notice to you. You agree that Kyma will not be liable to you or to any third party for any modification or suspension of the Services or any part thereof. Kyma also reserves the right to limit the availability of the Services or the provision of the Site to any person, organization, geographic area, or jurisdiction, at any time and in its sole discretion.

   4. Support and Maintenance.  We will provide you support and maintenance services in accordance with our standard support and maintenance practices. 

   5. Ownership.  Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Kyma or Kyma’s suppliers or licensors. Neither these Terms (nor your access to the Site or the Services) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Kyma and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

   6. Feedback.  You are under no duty to provide any suggestions, enhancement requests, or other feedback regarding the Services (“Feedback”). If you choose to offer Feedback to us, you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable (at unlimited number of levels), assignable license to incorporate Feedback into the Services or otherwise use any Feedback we receive from you solely to improve our products and services, provided that such Feedback is used in a manner that is not attributable to you. You also irrevocably waive in favor of us any moral rights which you may have in such Feedback pursuant to applicable copyright law. We acknowledge that any Feedback is provided on an “as-is” basis with no warranties of any kind. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

   
   

4. User Content 

   1. User Content.  “User Content” means all information and content that a user submits to, or uses with, the Services and all Output (defined below). You retain ownership of your User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by you or others, or any disclosure of your User Content that personally identifies you or any third party. You warrant that all information you provide about yourself is true and complete information. You agree to promptly notify Kyma of any changes in the information provided about yourself or any other material changes that could impact your use of the Services. You shall be solely responsible for the accuracy and completeness of all information furnished to Kyma and/or to third parties as necessary for the Services contemplated herein. Kyma shall not be responsible for independently verifying the accuracy or completeness of any information that you provide, and Kyma shall be entitled to rely on such information. Kyma shall have no liability for any errors or omissions in any Services provided to you that are the result of, arise from, or are based, in whole or part, on inaccurate or incomplete information provided to Kyma. You represent and warrant that you have obtained all necessary third party rights, licenses, permissions, and consents, including, without limitation, copyrights, for any User Content that belongs to or originates from third parties and consents where required by applicable Laws for the collection of information.  You will review all documents, output from the Services, and other information and data provided to you by Kyma and shall inform Kyma of any inaccuracies, deficiencies or discrepancies contained therein. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.4). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Kyma. Since you alone are responsible for your User Content, you may expose yourself to liability based on the User Content you provide. You are solely responsible for creating and maintaining your own backup copies of your User Content that you desire. You understand and intend that by providing your User Content, Kyma will access your User Content and provide your User Content to Kyma’s AI model.  

   2. License.  You hereby grant (and you represent and warrant that you have the right to grant) to Kyma a nonexclusive, royalty-free, enterprise-wide, and worldwide right and license to host, copy, access, transmit, display, modify, adapt, reproduce, distribute, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site or Services, providing you with the Services, and offering you other Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Additionally, you hereby grant (and you represent and warrant that you have the right to grant) to Kyma a nonexclusive, royalty-free, enterprise-wide, perpetual, irrevocable, and worldwide right and license to (i) host, copy, access, transmit, display, modify, adapt, reproduce, distribute, prepare derivative works of, incorporate into other works, and otherwise use and commercialize aggregated anonymized data to develop, optimize, and improve the Services, including training of the artificial intelligence and (ii) create develop, derive, modify, share, and commercialize aggregated anonymized data that is part of the System Data (defined below), including but not limited with third parties. “System Data” means information that originates in the Service including but not limited to metrics, artificial intelligence, metadata or analytics, or that is based on or derived by Kyma from anonymized data.

   3. Output. When you input User Content into the Services, you may receive output depending on the User Content that you input and how you use the Services with respect to such input (“Output”). We hereby assign to you all our right, title, and interest, if any, in and to the Output. You are responsible for your Output to the same extent under these Terms as your User Content.

   4. Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:

      1. You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, any other intellectual property or proprietary right, or any right of privacy; (ii) is unlawful, fraudulent, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or yourself or is otherwise objectionable; (iii) is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) falls within the definition of “Protected Health Information” under the HIPAA Privacy Rule (45 C.F.R. Section 160.103); or (vi) falls within the definition of “Nonpublic Personal Information” under the Gramm-Leach-Bliley Act.

      2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services or any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services.

   5. Enforcement.  We reserve the right (but have no obligation) to review, refuse, and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 10, and/or reporting you to law enforcement authorities.

      
      

5. Right to Monitor

Kyma neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content. However, Kyma does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Kyma’s sole discretion, may be illegal, may subject Company to liability, may violate these Terms, or are, in the sole discretion of Kyma, inconsistent with Kyma’s purpose for these Services.

6. Indemnification 

You agree to indemnify, defend (subject Kyma’s right to exclusively assume the defense at your sole cost and expense), and hold Kyma and its officers, employees, suppliers, licensors, agents, successors, and assigns (collectively, the “Kyma Indemnitees”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of, in connection with, or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your infringement or alleged infringement of any intellectual property, proprietary, privacy, or other rights of any other person or entity; (e) your User Content; and (f) your use of any Third-Party Connections (defined below). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Kyma Indemnitees, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent, which we may withhold in our sole and exclusive discretion. We will use commercially reasonable efforts to notify you of any such claim, action, or proceeding within a commercially reasonable time upon becoming aware of it.

7. Third-Party Connections; Co-Branded Areas; Other Users

   1. Third-Party Connections.  The Services may contain links to and integrations with third-party websites and services (collectively, “Third-Party Connections”). Such Third-Party Connections are not under the control of Kyma, and Kyma is not responsible for any Third-Party Connections. Kyma provides access to these Third-Party Connections only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Connections. You use all Third-Party Connections at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Connections, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction, use, or agreement in connection with such Third-Party Connections and third parties.

   2. Co-Branded Areas.  To provide a greater breadth of Services, certain functions provided on the Services (for example, payment processing) may be outsourced to third parties. Certain pages on the Site are therefore operated and controlled by a third party (“Co-Branded Areas”). These Co-Branded Areas continue to display Kyma trademarked logo at the top of the page but are nonetheless operated and managed by a third party. These Terms, in conjunction with any further terms and conditions posted in the Co-Branded Areas, govern your access and use of those areas. In all other respects, access to the Co-Branded Areas is at your own risk.

   3. Other Users.  Each Services user is solely responsible for all its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. 

   4. Release.  You hereby release and forever discharge Kyma (and our affiliates, officers, employees, agents, suppliers, licensors successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party Connections), and your Output except to the extent caused directly by our willful or intentional misconduct. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” AND TO THE EXTENT APPLICABLE, CORRESPONDING RIGHTS UNDER ANY SIMILAR LAW, RULE, OR REGULATION OF ANY OTHER JURISDICTION.

   
   

8. Disclaimers 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES OR AI COMPONENTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS,” AND WE (AND OUR SUPPLIERS AND LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SATISFACTORY QUALITY, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICES OR AI COMPONENTS OR THE USE AND RESULTS THEREOF, INCLUDING OUTPUT, WILL MEET YOUR OR ANY THIRD PARTY’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. ALL AI COMPONENTS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES OR AI COMPONENTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. 

NONE OF THE CONTENT WITHIN OR OUTPUT FROM THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION, TREATMENT, OR COURSE OF ACTION IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. KYMA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, HEALTH OR WELLNESS PROVIDERS, MEDICATIONS, PRODUCTS, OR PROCEDURES.

YOU ACKNOWLEDGE AND AGREE THAT KYMA IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER HEALTH-RELATED PROFESSION.

RELIANCE ON ANY OUTPUT, DATA, RESULTS, INFORMATION OR OTHER MATERIALS OBTAINED FROM THE SERVICES OR AI COMPONENTS IS STRICTLY AT YOUR OWN RISK. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT: (I) USE OF THE SERVICES AND AI COMPONENTS DOES NOT RELIEVE YOU OF RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE LAWS, RULES (INCLUDING ETHICAL RULES), AND REGULATIONS WHILE USING THE SERVICES OR AI COMPONENTS OR ANY OUTPUT, DATA, RESULTS, INFORMATION OR OTHER MATERIALS YOU GENERATE WHILE USING THE SERVICES OR AI COMPONENTS; (II) YOU SHALL NEITHER INQUIRE NOR RELY UPON THE SERVICES FOR ANY LEGAL, MEDICAL, OR OTHER PROFESSIONAL OR EXPERT ADVICE OF ANY KIND; AND (III) YOU ARE FULLY AND SOLELY RESPONSIBLE FOR: (A) SELECTION OF ADEQUATE AND APPROPRIATE SERVICES AND SOFTWARE TO SATISFY YOUR NEEDS AND ACHIEVE YOUR INTENDED RESULTS; (B) USE OF THE SERVICES; (C) ALL OUTPUT, DATA, RESULTS, INFORMATION, AND ANY OTHER MATERIALS OBTAINED FROM THE OR THE USE THEREOF; (D) SELECTING, OBTAINING, AND MAINTAINING ALL HARDWARE, SOFTWARE, COMPUTER CAPACITY, INTERNET SERVICE, PROGRAM AND SYSTEM RESOURCES AND OTHER EQUIPMENT AND UTILITIES NEEDED FOR ACCESS TO AND USE OF THE SERVICES AND AI COMPONENTS AND FOR ALL COSTS ASSOCIATED THEREWITH; AND (E) SELECTION, USE OF, AND DATA, RESULTS, INFORMATION OR OTHER MATERIALS OBTAINED FROM ANY OTHER PROGRAMS, APPLICATIONS, COMPUTER EQUIPMENT, SOFTWARE, OR SERVICES USED WITH THE SERVICES OR AI COMPONENTS.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL NOT RELY ON ANY OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR LEGAL, MEDICAL, OR OTHER PROFESSIONAL OR EXPERT ADVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR AFFILIATES, SUPPLIERS, AND LICENSORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

9. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KYMA (OR OUR SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST INCOME, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOST DATA, CORRUPTION OF DATA, INACCESSIBILITY OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ANY INTERRUPTION, FAILURE, OR DELAY (INCLUDING THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICES) TO ACCESS TO OR USE OF ANY SERVICES, BUSINESS INTERRUPTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND RELATED TO, IN CONNECTION WITH, OR ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE ANY SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, LAW, EQUITY OR OTHERWISE, EVEN IF KYMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OR INACCESSIBILITY OF DATA RESULTING THEREFROM.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USING THE SERVICES. IN NO EVENT SHALL KYMA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, LAW, EQUITY, OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PERSONALLY PAID KYMA FOR PROVIDING SERVICES TO YOU FOR THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE FIRST ALLEGED ACT CAUSING DAMAGES OR $50.00, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT SHALL KYMA BE LIABLE FOR ANY DAMAGES BASED UPON THE ACCURACY, COMPLETENESS SECURITY, RELIABILITY, AVAILABILITY, OR ERRORS OF THE SERVICES OR THE OUTPUT OF THE SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. YOU ACKNOWLEDGE THAT KYMA HAS SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

OUR AFFILIATES, SUPPLIERS, AND LICENSORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

10. Term and Termination; Retention of User Content; Suspension

    1. Term and Termination.  Subject to this Section, these Terms will remain in full force and effect while you access or use the Services. Your ability to access and use the Services will depend on the subscription you purchase from us to access and use the Services. Your subscription will automatically renew at the same conditions for additional periods of one (1) month (the “Renewal Term”) beginning on the day your initial subscription expires and will continue to automatically renew for additional one-month periods thereafter until you terminate your account or cancel your subscription prior to renewal. Fees applicable to any Renewal Term will be at our then-current rates, provided that we have not notified you of any applicable increase prior to the date by which you may opt out of the renewal. If you would like to avoid paying fees associated with a renewal, you must cancel your membership before it renews to avoid billing of the membership fees for the next renewal period.   Please follow the instructions on the web application for cancellation of your subscription by selecting the “Cancel Membership” button in your account page. If you have provided us with a payment method for renewals of your subscription, we will automatically charge such payment method. If such payment method fails for any reason, we reserve the right to terminate or suspend your access to and use of your Account and the Services and downgrade your account to a non-paid subscription. If you cancel your subscription prior to renewal, you will continue to have access to your Account and use of the Services until your subscription expires, at which point it will terminate. You acknowledge that we do not provide refunds or credits for any partial subscription periods regardless of the reason for partial subscription period. 

    2. Retention of User Content.  Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Kyma will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. 

    3. Suspension.  Notwithstanding any subscription you have purchased from us, we may suspend or terminate your rights to use the Services (including your Account) at any time as necessary for us to comply with applicable law and/or if we reasonably believe that your use of the Services violates these Terms. Sections 1, 2.2, 2.3, 2.4, 2.5, 3.2, 3.5, 3.6, 4.1, 4.2, 4.3, 4.4, 4.5, 5, 7, 8, 9, 10, and 11 shall survive termination of the Services or your use or access to the Services.

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11. General

    1. Changes.  These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Site. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. The date that these Terms were last revised is set forth above. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    2. Time for Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your access to or use of the Services or these Terms must be filed within one (1) year after such claim or cause of action first arose.

    3. Governing Law & Jurisdiction. All disputes in connection with this the Services and these Terms shall be governed by, and construed in accordance with the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Massachusetts in the State or Federal Courts located in Massachusetts and you consent to the exclusive jurisdiction of such courts. 

    4. Waiver of Jury Trial.  THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTEDBY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CAUSE OF ACTION, CLAIM ORCOUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.  EACH OF THE PARTIES HERETO HASFULLY DISCUSSED THIS SECTION, AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWEDTHIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVESITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.

    5. Class Action Waiver.  YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST KYMA, INCLUDING KYMA’S PAST OR PRESENT EMPLOYEES OR AGENTS, SHALL BE BROUGHT INDIVIDUALLYAND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST KYMA.

    6. Export.  The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Kyma, or any products utilizing such data, in violation of the United States export laws or regulations. 

    7. Electronic Communications.  The communications between you and Kyma use electronic means, whether you use the Services or send us emails, or whether Kyma posts notices on the Services or communicates with you via email the Services. For contractual purposes, you (a) consent to receive communications from Kyma in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kyma provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    8. Entire Terms.  These Terms, the Privacy Policy, and any order forms or other payment obligations you enter into with us constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “include,” “includes,” and “including” are hereby deemed to be followed by the phrase “without limitation.” The word “will” is hereby deemed to be construed to have the same meaning and effect as the word “shall.” The term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or.” Any definition of or reference to any agreement, instrument, or other document herein will be construed as referring to such agreement, instrument, or other document as from time to time amended, supplemented, or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein). References to any specific law, rule or regulation, or section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor law, rule or regulation thereof. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Kyma’s relationship to you is that of an independent contractor, and neither party is an agent or partner of the other. You acknowledge and agree that in no event shall Kyma owe you any enhanced or special duties, express or implied, in fact or by law, whether referred to as a special relationship or fiduciary relationship or otherwise. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kyma’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Kyma may freely assign these Terms without your prior consent. The terms and conditions set forth in these Terms shall be binding upon assignees. You agree that for any document or electronic information delivered through the Services that by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waives all rights you may have to assert such a claim. 

    9. Force Majeure.  We shall not be responsible to you or any third party entity or individual for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government action, labor disturbances, unavailability of anticipated usual means of supplies, wrecks, epidemics, pandemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond our commercially reasonable control. 

    10. Copyright/Trademark Information.  All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site or within the Services are our property or the property of third parties. You are prohibited from using these Marks without our prior written consent or the consent of such third party which may own the Marks.

    11. Contact Information.
        Address:
        Futuro, Inc.
        
        269 Vassar Street
        Unit 712 
        Cambridge, MA 02139
        
        Email is: support@kyma.app