Kamay Terms of Service
2026/04/13
Welcome to Kamay products and services.
These Kamay Terms of Service ("Terms") constitute a legally binding agreement between you and the Kamay service provider regarding your access to, registration for, purchase of, or use of the Kamay website, applications, software, APIs, AI features, and related services (collectively, the "Services"). Please read and fully understand these Terms before using the Services.
If you accept these Terms on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such case, "you" refers to both the entity and its authorized users.
Unless the context otherwise requires, the following terms have the meanings set forth below:
2.1 By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any related policies, product rules, order terms, supplementary agreements, or feature-specific terms that we may publish from time to time.
2.2 If you do not agree to all or any part of these Terms, please do not access or use the Services.
2.3 We reserve the right to update these Terms as necessitated by business development, product changes, changes in laws and regulations, regulatory requirements, or risk management needs. Updated Terms will be posted on our website or relevant pages and will take effect from the effective date specified therein. Your continued use of the Services after such updates constitutes your acceptance of the updated Terms.
2.4 Where applicable law requires us to provide separate notice of material changes, we will notify you through in-app notifications, email, pop-ups, order page alerts, or other reasonable means.
3.1 You shall provide truthful, accurate, complete, and up-to-date registration information and are responsible for all activities that occur under your Account.
3.2 You shall safeguard your Account credentials, passwords, verification codes, API Keys, access tokens, and other authentication information. You may not share, transfer, sell, lease, or lend your Account to others, unless the Services explicitly support team member management, seat allocation, or sub-authorization.
3.3 If you discover any unauthorized use, account theft, abnormal access, or security incidents, you should immediately notify us and take necessary measures. We will make reasonable efforts to assist, but you understand that absolute security cannot be guaranteed in an internet environment.
3.4 If an Account is created or managed by an enterprise or team administrator, the administrator may manage team members' accounts, seats, access permissions, content management, audit logs, and service configurations. You agree that in a team environment, relevant administrators may have access to data and usage records associated with the team Account.
3.5 We reserve the right to verify identity, restrict certain features, freeze, suspend, or terminate Accounts based on legal requirements, security risks, abusive behavior, non-payment, dispute resolution, or compliance needs.
4.1 We will use commercially reasonable efforts to provide the Services, but service content, feature scope, compatibility, availability, and technical specifications may vary depending on version, plan, region, device, third-party interfaces, regulatory requirements, or experimental feature arrangements.
4.2 We may offer free versions, trial versions, beta features, preview versions, or beta functionality. Such features may be unstable, incomplete, subject to frequent changes, or discontinued, and may be subject to usage restrictions different from the production version.
4.3 We reserve the right to add, adjust, upgrade, limit, replace, or discontinue certain features, interfaces, quotas, models, service modules, or third-party integrations within reasonable scope, while endeavoring to avoid causing unnecessary material adverse impact to you.
4.4 If the Services involve AI generation features, you understand and agree that:
5.1 The Services may be offered under free, subscription, usage-based, prepaid, postpaid, project-based, or other commercial models, as specified on the official pricing page, order page, sales contract, quotation, or supplementary agreement.
5.2 For subscription-based Services, the subscription period, number of seats, plan benefits, usage quotas, overage billing rules, payment methods, and tax obligations shall be as specified on the actual purchase page or in written agreements.
5.3 Unless otherwise required by law or expressly agreed by both parties, fees already paid are generally non-refundable. If the service description provides for a trial period, cooling-off period, refund policy, or service level compensation, such rules shall apply.
5.4 If the Services include auto-renewal, you authorize us to charge the next billing cycle fee using your selected payment method around the expiration of the current subscription period. You may disable auto-renewal before it takes effect by following the instructions on the product page.
5.5 If you fail to make timely payment, dispute a charge, reverse a refund, or experience payment failure, we reserve the right to suspend or restrict all or part of your Services and pursue collection of overdue amounts and related fees.
5.6 You shall be responsible for any taxes, bank fees, exchange losses, and cross-border payment costs that are legally your responsibility, unless otherwise required by applicable law or agreed by both parties.
6.1 You have or shall have sufficient, lawful, and valid rights and authorizations over your User Content, and you warrant that the User Content and its processing, uploading, syncing, display, storage, analysis, and generation do not violate any laws or regulations, infringe any third-party rights, or breach any contracts or platform rules between you and third parties.
6.2 As between you and us, except for the rights expressly granted to us under these Terms, ownership and related intellectual property rights in User Content belong to you or the relevant rights holders.
6.3 To provide the Services, maintain service operations, ensure security, troubleshoot issues, store and back up content, execute your instructions, improve service quality, generate Output Content, and fulfill legal obligations, you grant us and our necessary subcontractors, affiliates, and infrastructure service providers a worldwide, non-exclusive, sublicensable, royalty-free limited license to process your User Content to the extent necessary for providing the Services.
6.4 Unless we obtain your separate explicit authorization or as otherwise required by law, we will not use your non-public User Content for public display to unspecified third parties.
6.5 Whether your non-public User Content is used for model training, general model optimization, or public dataset construction shall be governed by the product settings, privacy policy, data processing agreement, or separate agreements that we publish at the relevant time. If the product provides a toggle or opt-out mechanism, we will follow such mechanism.
6.6 You understand and agree that due to technical limitations, system failures, deletion request processing cycles, caching mechanisms, backup systems, and log retention requirements, deleted content may not be immediately and completely removed from all systems, but we will process it within a reasonable period in accordance with applicable rules.
7.1 Subject to your compliance with these Terms and payment of applicable fees, you may use the Output Content generated by the Services to the extent permitted by applicable law, provided that such use does not infringe third-party rights or violate any laws, regulations, industry standards, platform rules, or these Terms.
7.2 You bear full responsibility for your input content, manner of use, and the review, adoption, publication, distribution, commercialization, and consequences of Output Content.
7.3 For AI-generated content, automated analysis, automated translation, automated summarization, image generation, strategic recommendations, advertising copy, competitive analysis, operational advice, advertising placement suggestions, and similar features, you should independently assess their accuracy, appropriateness, and compliance. Output Content does not constitute legal, financial, tax, investment, audit, medical, labor, human resources, or other professional advice.
7.4 If you plan to use Output Content for important business decisions, external commitments, public dissemination, regulatory filings, intellectual property applications, or other high-risk scenarios, we recommend that it be further reviewed by qualified professionals.
You may not use the Services to engage in or assist with the following activities:
We reserve the right to take measures based on the nature of the violation, including content removal, warnings, feature restrictions, access suspension, service termination, refund denial, evidence preservation, and reporting to relevant authorities.
9.1 The Services may integrate with, connect to, or rely on Third-Party Services, including but not limited to cloud services, payment services, identity verification, analytics tools, AI model providers, advertising platforms, e-commerce platforms, social media platforms, browser extensions, or plugins.
9.2 When using Third-Party Services, you should also comply with the respective third party's terms of service, privacy policies, developer rules, platform policies, and authorization requirements. Third-Party Services are independently provided by third parties, and we do not assume control responsibility for their availability, accuracy, security, continuity, legality, or results.
9.3 If you authorize us to access third-party platform accounts, data, or interfaces, you confirm that you have obtained sufficient authorization and agree that we may read, sync, process, display, or transform related data to the extent necessary for providing the Services.
9.4 Where service features are affected by third-party platform interface limitations, policy changes, bans, rate limiting, upgrades, discontinuation, permission adjustments, or service interruptions, we will make reasonable efforts to coordinate, but we are not responsible for consequences beyond our reasonable control.
10.1 The intellectual property rights in the Services themselves and their related software, technology, interfaces, designs, trademarks, logos, documentation, templates, code, algorithms, model weights, data structures, page content, and other materials belong to us or the relevant rights holders.
10.2 Except as expressly permitted under these Terms, these Terms do not transfer any intellectual property rights to you, nor do they grant you ownership of the Services or any part thereof.
10.3 You may not remove, obscure, or modify any copyright, trademark, patent, confidentiality, or other proprietary notices in the Services.
10.4 If you provide us with suggestions, ideas, feedback, improvement recommendations, or testing feedback, you agree that we may freely use such feedback for the purpose of improving the Services without payment or additional obligation to you, excluding your business data or protected content that you have explicitly marked as confidential.
11.1 For non-public business, technical, operational, product, customer, data, security, pricing, roadmap, and other confidential information disclosed by one party to the other, the receiving party shall take reasonable measures no less protective than those used to protect its own similar important information, and shall use such information only to the extent necessary for performing these Terms.
11.2 The following information is not considered confidential:
11.3 If laws, regulations, regulatory requirements, courts, or government authorities require disclosure of confidential information, the receiving party may disclose to the extent permitted by law, but shall provide advance notice to the disclosing party where possible.
12.1 We will process personal information and related data in accordance with applicable laws and regulations and our Privacy Policy.
12.2 If you are an enterprise customer and we process data containing personal information on your behalf, both parties may separately enter into a Data Processing Agreement (DPA), cross-border data terms, or other compliance documents as appropriate.
12.3 You warrant that if you process third-party personal information through the Services, you have the appropriate legal basis for such processing and have fulfilled notification, consent, authorization, or other legal obligations to the relevant individuals under applicable law.
13.1 We will use commercially reasonable efforts to maintain the stability and security of the Services, but we do not guarantee that the Services will always be uninterrupted, error-free, or fully meet your specific needs.
13.2 For upgrades, maintenance, repairs, migrations, compliance adjustments, or security remediation, we may temporarily interrupt, restrict, or adjust certain Services. For planned maintenance, we will make reasonable efforts to provide advance notice.
13.3 Customer support scope, response times, service levels, dedicated success managers, training, and implementation services shall be as specified in your purchased plan, order, SLA, or supplementary agreement.
14.1 To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. Except as expressly required by law or otherwise agreed in writing, we make no express, implied, or statutory warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, uninterrupted service, error-free operation, virus-free operation, accuracy, completeness, reliability, or non-infringement.
14.2 You understand and agree that internet services, AI services, and third-party platform services inherently involve technical limitations, error risks, and uncertainties. You should take appropriate review, backup, disaster recovery, manual verification, and risk management measures based on your business needs.
15.1 To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, business, customers, goodwill, data, or substitute procurement costs arising from or related to these Terms or the Services, even if we have been advised of the possibility of such damages.
15.2 To the maximum extent permitted by applicable law, our aggregate cumulative liability related to the Services shall not exceed the total fees actually paid by you to us for the relevant Services during the twelve (12) months preceding the event giving rise to the claim; if you have not paid any fees during such period, the cap shall be one hundred (100) US dollars or the equivalent in local currency. Mandatory provisions of applicable law shall prevail where applicable.
15.3 This section does not exclude any liability that cannot be excluded or limited by law, including liability for personal injury caused by willful misconduct or gross negligence, fraud, or liability that applicable law expressly prohibits from being limited.
You agree to indemnify and hold harmless us and our affiliates, officers, employees, agents, and partners from any third-party claims, lawsuits, investigations, fines, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:
17.1 You may request to stop using the Services, cancel your Account, or terminate your subscription through the product page or by contacting us, but fees already incurred are generally non-refundable unless otherwise required by law or agreed by both parties.
17.2 We reserve the right to suspend or terminate all or part of the Services to you if:
17.3 Where circumstances permit and risks are manageable, we will make reasonable efforts to provide advance notice or an opportunity to remedy; however, in cases of urgent security concerns, illegal activities, regulatory requirements, or evidence preservation, we may take action first.
17.4 Upon termination, your right to access and use the Services shall cease. We may retain necessary records and data for technical, billing, compliance, audit, dispute resolution, and legal obligation purposes. You should promptly export any data you wish to retain.
You represent and warrant that you will not use the Services in any country, region, or with any entity or individual prohibited by applicable export control, economic sanctions, trade restriction, or embargo laws and regulations, nor will you use the Services for any purpose prohibited by such laws.
19.1 The formation, effectiveness, interpretation, performance, and dispute resolution of these Terms shall be governed by the law specified in the order page, supplementary agreement, or entity information disclosure page; if not specified, the law of the jurisdiction where the service provider is registered shall apply, excluding conflict of law rules.
19.2 Any dispute arising from or related to these Terms shall first be resolved through amicable negotiation; if negotiation fails, either party may submit the dispute to a court or arbitration institution with jurisdiction in the jurisdiction where the service provider is registered.
20.1 We may send you notices related to the Services through in-app messages, product notifications, page announcements, email, SMS, or other contact methods you have provided.
20.2 Notices you send to us should be delivered through the contact email published on our official website, customer service channels, ticket systems, or other means agreed in writing by both parties.
21.1 These Terms, together with related supplementary agreements, orders, and policies, constitute the entire agreement between the parties regarding the use of the Services and supersede all prior oral or written communications related thereto.
21.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected.
21.3 You may not assign the rights and obligations under these Terms without our prior written consent; however, we may assign the rights and obligations under these Terms due to business reorganization, merger, asset transfer, or internal affiliate arrangements.
21.4 Our failure to exercise or delay in exercising any right under these Terms shall not constitute a waiver of such right.
If you have any questions, comments, or cooperation inquiries regarding these Terms, please contact us through the contact information published on our official website.