Terms of Service

1. Acceptance of the Terms of Use.

These terms of use are entered into by and between You and Kortex Enterprises, LLC, a Delaware limited liability company d/b/a Kortex ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of kortex.co (the “Website”), our desktop or mobile application, as the case may be (the “App”), including any content, functionality, and services offered on or through the Website or the App (collectively, the “Service”, which include the Website and App), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Service. By using the Service you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service. 

This Service is offered and available to users who are 18 years of age or older. If you are under 18, you may use the Service only with the involvement of a parent or guardian. By using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

2. Changes to Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Service.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you. 

3. Accessing the Service and Account Security.

We reserve the right to withdraw or amend this Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information (“Account Information”). Account Information means information about you that you provide to us in connection with the creation or administration of your Kortex account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your Kortex account. It is a condition of your use of the Service that all the Account Information you provide on the Service is correct, current, and complete. You agree that all Account Information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.

4. Content Defined; User Contribution Defined.

“AI Assisted Content” means the collective output insights generated and returned by the AI Feature ("Output") and the metadata processed on and through the Service ("Input").

“Content” means data, inputs, text, notes, audio, video, or images.

“Your Content” means Content that you transfer to us for processing, storage or hosting by the Service in connection with your Kortex account. For example, Your Content includes Content that you store in the Service. You are responsible for Your Content. You will ensure that Your Content and your use of Your Content or the Service will not violate any of these Terms of Use, our Privacy Policy or any applicable law. Your Content does not include Account Information or any unidentifiable, non-proprietary and non-confidential data, including RUM Sessions (i.e., pageviews and associated telemetry) or data logs (i.e., digital records of events that occur in a system, application, or network device).

“User Contribution” means Your Content that you post, link, share, submit, publish, display, transmit, or otherwise make available to other users or other persons (hereinafter, "Post" or “Posted”) on or through the Service and publish publicly to potentially anyone on the internet. For example, Your Content Posted on message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews and other interactive features. User Contributions may include proprietary information.

5. Data Privacy.

You consent to the storage of Your Content in the Service. We will not access or use Your Content (but see Section 10 regarding User Contributions) except as necessary to maintain or provide the Service, or as necessary to comply with the law or a binding order of a governmental body. We will not disclose Your Content to any government or third party; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section 5. We will use your Account Information in accordance with the Privacy Policy, and you consent to such usage. The Privacy Policy does not apply to Your Content, excluding User Contributions.

6. Proprietary Rights.

Your Content. Except as provided in this Section 6 and Section 10 (User Contributions), we obtain no rights from you to Your Content. You consent to our use of Your Content to provide the Service to you. If you elect to use the AI Feature, you are opting to share Your Content with a third party AI technology provider, as set forth in the AI Policy.

Adequate Rights. You represent and warrant to us that: (a) you own all right, title, and interest in and to Your Content; (b) you have all rights in Your Content necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content or use of Your Content or the Service will violate the Acceptable Use Policy.

7. Intellectual Property Rights.

Excluding Your Content, the Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your personal use. Excluding Your Content, you must not reproduce, distribute, modify, create derivative works of, publicly perform, republish, download, store, or transmit any portion of the Service or any information contained therein, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify or otherwise make any derivative uses of the Service or any portion thereof.
• Use any data mining, robots or similar data gathering or extraction methods.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Reverse engineering or access the Service in order to build a competitive product or service. 
• Use the Service other than for its intended purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service may be canceled immediately. No right, title, or interest in or to the Service or any content on the Service (excluding Your Content) is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

8. Trademarks.

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

9. Acceptable Use Policy.

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You may not use, or facilitate or allow others to use, the Service:

• for any illegal or fraudulent activity;
• to violate the rights of others;
• to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
• for any content or activity that promotes child sexual exploitation or abuse;
• to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
• to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “Spam”).

Additionally, you may not:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. 
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.

Investigation and Enforcement

We may investigate any suspected violation of this Acceptable Use Policy, and remove or disable access to any content or resource that violates this Acceptable Use Policy. You agree to cooperate with us to remedy any violation.

When determining whether there has been a violation of this Acceptable Use Policy, we may consider your ability and willingness to comply with the Acceptable Use Policy, including the policies and processes you have in place to prevent or identify and remove any prohibited content or activity.

Reporting of Violations

To report any violation of this Policy, please contact us at support@kortex.co.

10. User Contributions.

All User Contributions, as defined in Section 4, must comply with the Acceptable Use Policy set out in these Terms of Use. All User Contributions will be considered non-confidential. By providing any User Contribution on the Service, you grant us and our licensees, successors, and assigns the right and license to use, reproduce, modify, perform, display, format, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions Posted by you or any other user of the Service. 

You retain all of your rights to Your Content on the Service. However, you acknowledge  that copies of the content or metadata relating to the User Contributions that you have shared with other users on the Service, published to the web or otherwise made available may be accessible indefinitely. 

With respect to User Contributions, we have the right to:

• Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
• Take any action 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, including the Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. 
• Terminate or suspend your access to all or part of the Service for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is Posted on the Service or elsewhere, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

11. Responsible AI Policy.

The Service includes generative AI. These AI terms and conditions ("AI Terms") govern the use of the artificial intelligence ("AI") and machine learning (“ML”) features available through the Service ("AI Feature"), and are an important part of these Terms of Use.

The Company hereby grants a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI Feature. The use of the AI Feature is subject to your compliance with any and all applicable laws and these Terms of Use, including this Responsible AI Policy (“AI Policy”). This AI Policy supplements the Acceptable Use Policy.

Prohibitions. You may not use, or facilitate or allow others to use, the AI Feature:

• for intentional disinformation or deception; 
• to violate the privacy rights of others, including unlawful tracking, monitoring, and identification; 
• to depict a person’s voice or likeness without their consent or other appropriate rights, including unauthorized impersonation and non-consensual sexual imagery; 
• for harm or abuse of a minor, including grooming and child sexual exploitation;
• to harass, harm, or encourage the harm of individuals or specific groups; or
• to intentionally circumvent safety filters and functionality.

Responsible AI Requirements. 

If you use the AI Feature to make consequential decisions, you must evaluate the potential risks of your use and implement appropriate human oversight, testing, and other use-specific safeguards to mitigate such risks. Consequential decisions include those impacting a person’s fundamental rights, health, or safety (e.g., medical diagnosis, judicial proceedings, access to critical benefits like housing or government benefits, opportunities like education, decisions to hire or terminate employees, or access to lending/credit, and providing legal, financial, or medical advice). You agree to provide information about your intended uses of the AI Feature and compliance with this Responsible AI Policy upon request.

You are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of the AI Feature. AI Feature uses machine learning models that generate predictions based on patterns in data. Output generated by a machine learning model is probabilistic, and generative AI may produce inaccurate or inappropriate content. Further, Output may not be unique and the AI Feature may generate the same or similar Output for other users. Outputs should be evaluated for accuracy and appropriateness.

AI Assisted Content does not in any way represent the views of the Company.

Investigation and Enforcement. 

We may investigate and enforce violations of this AI Policy as noted in the Acceptable Use Policy. We are committed to developing safe, fair, and accurate AI and ML services and providing you with tools and guidance to assist you in building and using AI and ML applications responsibly.

Third Party Providers. 

The AI Feature is provided by AI technology developed and provided by third party providers. Any Input may be used by such third parties for model training and improvement. The Inputs may be shared with and manually reviewed by a person, including by third party contractors located around the world. Therefore, you should not use or provide any information that is sensitive or that should not be viewed by others, including personal data. The Company has no control over the use of the Input, thus, any use of such is at your own risk and the Company does not represent, undertake or warrant to any security or control of or to the input.

12. Copyright Policy.

We comply with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on the Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if we have control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for us to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
4. Information reasonably sufficient to permit us to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

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Notices may be sent to joey@kortex.co.

Please note if any notification of claimed infringement does not meet the above requirements, we have no responsibility to respond to or act on any such defective notification of claimed infringement.

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

1. Your physical or electronic signature, as well as information sufficient for us to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the District of Delaware, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
5. Any such counter notification must be sent to joey@kortex.co.

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13. Reliance on Information Posted.

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

14. Changes to the Service.

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material. 

15. Information About You and Your Visits to the Service.

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

16. Linking to the Service and Social Media Features.

You may create a hyperlink to the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Service may provide certain social media features that enable you to:

• Link from your own or certain third party websites to certain content on this Service.
• Send emails or other communications with certain content, or links to certain content, on this Service.
• Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Acceptable Use Policy set out in f Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion. 

17. Links from the Service.

From time to time, we may provide you with links to third party websites or services that we do not own or control. These links are provided for your convenience only. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of use/service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use. We have no control over the contents of those applications, websites, and services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party applications, websites or services linked to this Service, you do so entirely at your own risk.

18. Subscriptions.

All or some parts of the Service are made available on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.

You agree that at the end of each Billing Cycle, your subscription will automatically renew and your payment method for such subscription will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or the Company cancels it.

A valid payment method, including credit card, is required to process the payment for your subscription. You must provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, billing email address ("Billing Email Address") and valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, the Company may attempt to charge the credit card on file one or more times. Should payment continue to fail, the subscription will be canceled.

19. Cancellation; Termination.

We or you may terminate or cancel your subscription to the Service at any time and such termination or cancellation shall be effective upon the end of your then-current subscription term. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms in this Terms of Use or our enforcement or application of this Terms of Use, (ii) any of our practices or policies, including, without limitation, our Privacy Policy or our enforcement or application of these policies; (iii) the content available through the Service; (iv) your ability to access and/or use the Service: or (v) the amount or types of our fees or charges, surcharges, applicable taxes or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. 

To cancel your subscription, please visit your Account Management page within the Service or by sending an email to support@kortex.co. Cancellations will take effect at the end of your current Billing Cycle, and you will retain access to the Service until the end of your current Billing Cycle. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

Upon cancellation or termination of your subscription to the Service, and the expiration of the then-current Billing Cycle, your account will be automatically be changed to a Free Tier account with the features associated with that tier and thereby lose access to additional features beyond that associated with the subscription level you had before.

If you violate these Terms of Use, Kortex reserves the right to immediately deactivate your account and/or delete all related information and/or files in your account and/or bar any further access to such information and/or files. Once your account is deleted from our servers it can no longer be recovered.

All provisions of these Terms of Use that by their nature survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. Refunds.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted in the sole discretion of the Company. We are committed to ensuring your satisfaction. If you encounter any issues with the Service, please contact our support team for assistance.

21. Fee Changes.

The Company, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Company will provide you with reasonable notice (by sending an email to your Billing Email Address that outlines fee changes) at least 30 days prior to any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

22. Free Trial.

The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms of Use. If you or the Company cancel your Free Trial, you acknowledge and agree that we may delete all of your User Contribution or data that was assigned to your Free Trial.

At any time and without notice, the Company reserves the right to: (a) modify the terms and conditions of any Free Trial offer; (b) cancel any Free Trial offer; or (c) cancel any Free Trial subscription.

23. Geographic Restrictions.

The owner of the Service is based in the State of Arizona in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

24. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING THE AI FEATURE, IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING THE AI FEATURE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING THE AI FEATURE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING THE AI FEATURE, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

25. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE AI FEATURE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

26. Indemnification.

You agree to defend, indemnify, and hold harmless the Company, 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 Service, including, but not limited to, your User Contributions, any use of the Service's content, services, and products, including the AI Feature, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.

27. Governing Law and Jurisdiction.

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

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

28. Arbitration.

At the Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

29. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

30. Waiver and Severability.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

31. Entire Agreement.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. 

32. Your Comments and Concerns.

This website is operated by Kortex Enterprises, LLC, a Delaware limited liability company d/b/a Kortex, 896 S State St., Unit #613, Dover, DE 19901.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support@kortex.co.