Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and “KINETROPIC” MAS'ULIYATI CHEKLANGAN JAMİYAT XORİJİY KORXONA, trading as KINETROPIC FE LLC (“Company”, “we”, “us”, or “our”), governing your access to and use of the KoiSwarm application, website, and related services (collectively, the “Service”).

BY CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR OTHERWISE USING THE SERVICE, YOU EXPLICITLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.

1. Definitions

1.1 “Account” means a unique account created for you to access our Service.

1.2 “Credits” means the proprietary, non-transferable virtual tokens utilized within the Service to measure and meter your usage of AI generation capabilities.

1.3 “User Content” means any text, prompts, queries, materials, or data you submit, upload, or input into the Service.

1.4 “Output” means the text, data, or materials generated and returned by the Service in response to User Content.

1.5 “MoR” means Merchant of Record, which is the third-party entity authorized to process your payments, manage taxation, and handle billing compliance.

2. Eligibility and Account Responsibilities

2.1 Eligibility: You must be at least 16 years of age and possess the legal capacity to enter into binding contracts to use the Service.

2.2 Account Security: You are solely responsible for safeguarding your login credentials. You agree not to disclose your password to any third party and must notify us immediately of any breach of security or unauthorized use of your Account. We bear no liability for any loss or damage arising from your failure to protect your Account.

3. STRICT MEDICAL DISCLAIMER & ASSUMPTION OF RISK

3.1 Non-Medical Tool: The Service is an educational study aid intended strictly for academic purposes by university-level learners, including medical students. IT IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY CLINICAL, DIAGNOSTIC, THERAPEUTIC, OR MEDICAL DECISION-MAKING PROCESS.

3.2 No Medical Advice: THE OUTPUT PROVIDED BY THE SERVICE DOES NOT CONSTITUTE MEDICAL, CLINICAL, OR PROFESSIONAL ADVICE. The underlying AI models may produce Output that is inaccurate, incomplete, hallucinated, or dangerously incorrect.

3.3 Sole Responsibility: You shall not use the Service to diagnose, treat, mitigate, or prevent any disease or condition in humans or animals. You must not replace authoritative medical literature, institutional protocols, or independent clinical judgment with the Service’s Output. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY PATIENT HARM, INJURY, OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE SERVICE.

4. Credits, Limits, and Non-Rollover Policy

4.1 Credit Allocation: Paid subscriptions and free tiers include a predefined allotment of Credits. The consumption rate of Credits is dynamically determined by the Company based on factors including, but not limited to, prompt length, model complexity, and server load.

4.2 NON-ROLLOVER: CREDITS HOLD NO MONETARY OR FIAT CURRENCY VALUE. UNUSED CREDITS EXPIRING AT THE END OF YOUR CURRENT BILLING CYCLE DO NOT ROLL OVER TO THE NEXT BILLING CYCLE. UPON RENEWAL, CANCELLATION, OR TERMINATION, ALL PREVIOUSLY UNUSED CREDITS ARE IMMEDIATELY AND IRREVOCABLY FORFEITED.

4.3 Modification of Limits: We reserve the right to impose rate limits, restrict API calls, or alter the Credit consumption formula at our sole discretion, without prior notice or liability.

5. Subscriptions, Merchant of Record (Paddle), and Billing

5.1 Paddle as MoR: All financial transactions, subscriptions, and billing matters are exclusively processed and managed by our designated MoR, Paddle (Paddle.com Market Limited and its affiliates). Paddle is the Merchant of Record for all orders. By purchasing a subscription, you enter into a binding financial agreement with Paddle, subject to Paddle’s explicit Checkout Terms and Privacy Policy. Paddle provides all customer service inquiries regarding billing and handles returns.

5.2 Auto-Renewal: Unless canceled via your Account dashboard prior to the end of the current billing cycle, your subscription will automatically renew at the then-current standard rate.

5.3 Refunds and Cancellations: All payments, cancellations, refunds, and chargeback procedures are governed exclusively by our Refund Policy, which forms an integral part of these Terms and is incorporated herein by reference. In the event of any conflict between this Section 5.3 and the Refund Policy, the Refund Policy shall prevail.

6. Intellectual Property, Data Privacy, and AI Training

6.1 Ownership of User Content and Output: Subject to the licenses granted in Sections 6.2 and 6.3, you retain all rights, title, and interest in your User Content. Subject to your compliance with these Terms, you also own the specific Output generated by your User Content.

6.2 License to Company: Subject to Section 6.3, you grant the Company a limited, worldwide, royalty-free, non-exclusive license to host, store, process, and display your User Content strictly for the purpose of operating, securing, and providing the Service to you.

6.3 DATA TRANSMISSION, THIRD-PARTY PROVIDERS, AND AI TRAINING AUTHORIZATION:

• (A) THIRD-PARTY API TRANSMISSION: YOU ACKNOWLEDGE AND AGREE THAT YOUR USER CONTENT, PROMPTS, AUDIOS, AND GENERATED OUTPUTS ARE TRANSMITTED VIA APPLICATION PROGRAMMING INTERFACES (APIS) TO AND PROCESSED ON THIRD-PARTY SERVERS AND INFRASTRUCTURE PROVIDERS. THESE THIRD PARTIES INCLUDE, BUT ARE NOT LIMITED TO, ARTIFICIAL INTELLIGENCE SERVICE PROVIDERS, CLOUD HOSTING PLATFORMS, DATABASE MANAGEMENT SYSTEMS, AND SECURITY SERVICES LOCATED IN VARIOUS JURISDICTIONS GLOBALLY, INCLUDING THE UNITED STATES, THE PEOPLE'S REPUBLIC OF CHINA, AND THE EUROPEAN UNION.
• (B) PERMISSION FOR AI MODEL TRAINING: YOU HEREBY GRANT THE COMPANY AND ITS AFFILIATED THIRD-PARTY AI PROVIDERS A WORLDWIDE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, SUBLICENSABLE LICENSE TO USE, PROCESS, ANALYZE, AND RETAIN YOUR USER CONTENT AND OUTPUTS FOR THE PURPOSES OF TRAINING, RETRAIN, FINE-TUNING, DEVELOPING, AND IMPROVING PROPRIETARY AND THIRD-PARTY ARTIFICIAL INTELLIGENCE MODELS, MACHINE LEARNING ALGORITHMS, AND ASSOCIATED TECHNOLOGIES.

7. Acceptable Use and Academic Integrity Policy

7.1 Prohibited Conduct: You agree not to use the Service in any manner that:

• (a) Violates any applicable local, state, national, or international law;
• (b) Infringes upon the intellectual property, privacy, or proprietary rights of others;
• (c) Contains patient-identifiable healthcare data (e.g., HIPAA/PHI data) or sensitive personal information;
• (d) Attempts to bypass, exploit, or reverse-engineer the Service’s security mechanisms, APIs, or Credit systems;
• (e) Introduces malicious code, viruses, or disrupts the integrity of the Service.

7.2 Academic Misconduct: You must comply with the academic integrity rules of your educational institution. You are strictly prohibited from using the Service to facilitate plagiarism, cheating on examinations, or submitting automated Output as your original academic work without proper disclosure.

8. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS KINETROPIC FE LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM:

• (A) YOUR USE OF AND ACCESS TO THE SERVICE;
• (B) YOUR VIOLATION OF ANY TERM OF THESE TERMS, INCLUDING ACADEMIC DISHONESTY ALLEGATIONS;
• (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING COPYRIGHT, PROPERTY, OR PRIVACY RIGHTS;
• (D) ANY CLAIM THAT YOUR USER CONTENT OR ACTIONS CAUSED DAMAGE TO A THIRD PARTY.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KINETROPIC FE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR FACTUAL CORRECTNESS OF ANY AI-GENERATED OUTPUT.

10. EXCLUSIVE LIMITATION OF LIABILITY

TO THE ABSOLUTE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISDICTIONAL LAW:

10.1 NO INDIRECT DAMAGES: KINETROPIC FE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ACADEMIC STANDING, DISCIPLINARY ACTIONS BY EDUCATIONAL INSTITUTIONS, OR LOSS OF DATA.

10.2 MONETARY CAP: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KINETROPIC FE LLC ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

• (I) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY (VIA THE MOR) FOR THE SERVICE DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR
• (II) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

11. Term, Suspension, and Termination

We reserve the right, at our sole discretion, to suspend or terminate your Account and access to the Service at any time, without notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will immediately cease. Sections 3, 6.1, 6.3, 8, 9, 10, 11, and 12 shall survive any termination.

12. Governing Law and Exclusive Dispute Resolution

12.1 Governing Law: These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of Uzbekistan, excluding its conflicts of law rules.

12.2 EXCLUSIVE JURISDICTION: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY THE TASHKENT INTER-DISTRICT ECONOMIC COURT (ТАШКЕНТСКИЙ МЕЖРАЙОННЫЙ ЭКОНОМИЧЕСКИЙ СУД) LOCATED IN TASHKENT, REPUBLIC OF UZBEKISTAN. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THIS COURT AND WAIVE ANY OBJECTIONS TO SUCH JURISDICTION OR VENUE.

13. Miscellaneous Provisions

13.1 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the Service, superseding any prior agreements.

13.2 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

13.3 Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision shall not constitute a waiver of such right or provision.

13.4 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, cyberattacks, or network outages.

Company Contact Information:
KINETROPIC FE LLC
1 Chust Street, Elobod MFY, Mirzo Ulugbek District, Tashkent, Republic of Uzbekistan
Email: kinetropic@gmail.com