Terms of Service

1. Acceptance of Terms

By accessing or using the Services in any manner, you agree to be bound by these Terms and all additional terms and policies referenced in them, including our Privacy Policy, which describes how we collect and use personal data. If you do not agree to these Terms, you may not use the Services.

If you enter into a separate written agreement with us (such as an order form, statement of work, or master services agreement) covering the Services, that agreement will govern to the extent it conflicts with these Terms.

2. Eligibility and Accounts

The Services are intended for business and professional use. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you also represent that you have authority to bind that organization.

You are responsible for maintaining the security of any accounts, credentials, or access tokens associated with the Services and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use or suspected breach of security.

We reserve the right to refuse service, close accounts, or change account types where we reasonably believe it is necessary to protect the Services, our users, or comply with applicable law.

3. Use of the Services

You agree to use the Services only in accordance with these Terms and all applicable laws and regulations. You are responsible for the content, data, and materials that you or your organization upload, submit, or otherwise process through the Services.

Without limiting the generality of the foregoing, you agree that you will not (and will not authorize or enable others to):

• Use the Services for any unlawful, harmful, fraudulent, or infringing purpose.
• Attempt to gain unauthorized access to the Services or related systems, or bypass or circumvent any security or access controls.
• Reverse engineer, decompile, or disassemble any part of the Services except to the extent permitted by applicable law.
• Interfere with or disrupt the integrity or performance of the Services, including by overloading, spamming, or introducing malicious code.
• Use the Services to create or distribute content that is illegal, harassing, discriminatory, or otherwise objectionable.

You are responsible for ensuring that your use of AI-enabled capabilities and integrations complies with your own internal policies, industry regulations, and any third-party terms that apply (for example, IDEs, repositories, or cloud platforms).

4. Intellectual Property

We and our licensors own all right, title, and interest in and to the Services, including all associated intellectual property rights (such as software, interfaces, documentation, and branding), subject only to the limited rights expressly granted to you under these Terms or an applicable written agreement.

Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. Except for this limited license, no rights are granted to you by implication or otherwise.

You retain all rights in your own content, code, and data that you submit to or process through the Services, as between you and us. You grant us the rights necessary to provide, secure, and improve the Services in accordance with our agreements and Privacy Policy.

5. Fees and Payment

Access to some or all of the Services may be subject to fees, which are described in the applicable order form, pricing page, or separate commercial agreement between you and Camoatim UG (haftungsbeschränkt). You agree to pay all fees in accordance with the agreed billing terms.

Unless otherwise stated in a separate written agreement, fees are non-refundable and exclusive of taxes, duties, and similar charges, which you are responsible for paying as required by law.

We may suspend or limit access to the Services if invoices are overdue or if we are otherwise unable to collect payment in accordance with agreed terms, after providing reasonable notice where practical.

6. Confidentiality and Privacy

We will treat your confidential information with reasonable care and use it only as necessary to provide the Services or as otherwise permitted in our agreements with you. You agree to treat any non-public information about the Services, including security and performance details, as our confidential information.

Our collection and use of personal data in connection with the Services is described in our Privacy Policy, available at /privacy. Depending on your implementation and applicable data protection laws, you may need additional contractual terms (for example, a data processing agreement) governing our handling of personal data.

7. Warranties and Disclaimers

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis, and we disclaim all warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or non-interference.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that they will meet your requirements or achieve any particular results. You are responsible for evaluating the accuracy and suitability of any outputs, recommendations, or automation provided by AI-enabled features before relying on them.

Nothing in these Terms is intended to exclude or limit any mandatory rights or remedies you may have under applicable law that cannot be excluded or limited by contract.

8. Limitation of Liability

To the maximum extent permitted by law, Camoatim UG (haftungsbeschränkt) and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with the Services or these Terms, even if we have been advised of the possibility of such damages.

To the extent permitted by law and unless otherwise specified in a separate written agreement, our aggregate liability arising out of or relating to the Services and these Terms will be limited to the amounts paid by you for the Services that gave rise to the claim in the twelve (12) months preceding the event giving rise to the claim.

The limitations in this section apply regardless of the legal theory of liability and even if a remedy fails of its essential purpose. You should review and customize this section with legal counsel to reflect your actual risk allocation and regulatory obligations.

9. Indemnity

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Camoatim UG (haftungsbeschränkt) and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your content or data, or your violation of these Terms or applicable law.

10. Term, Suspension, and Termination

These Terms apply for as long as you access or use the Services, unless terminated earlier in accordance with this section or an applicable written agreement. Either party may terminate access to the Services where permitted under the governing commercial agreement or applicable law.

We may suspend or limit your access to the Services immediately if we reasonably believe that: (a) you are using the Services in violation of these Terms or applicable law; (b) your use poses a security risk to the Services or other users; or (c) suspension is required to comply with legal or regulatory obligations.

On termination, your right to use the Services will cease, and you may no longer access your account. We may retain and use data as described in these Terms and our Privacy Policy, and as otherwise required by law.

11. Governing Law and Disputes

The governing law and dispute resolution terms for your use of the Services should be tailored to your specific situation and jurisdiction. As a default template, you may specify that these Terms are governed by the laws of a particular jurisdiction (for example, the laws of the country or state where your company is based), excluding its conflict of law rules.

You may also provide that disputes arising out of or relating to these Terms or the Services will be resolved through negotiation, and if not resolved, through courts or an agreed form of arbitration or other dispute resolution mechanism. You should work with legal counsel to define the exact forum, venue, and procedures that apply.

12. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, business practices, or legal requirements. When we make material changes, we will update the "Last updated" date at the top of this page and may provide additional notice as appropriate.

Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.

13. Contact Us

If you have questions about these Terms or the Services, you can reach us at:

• Email: [email protected]
• Website: https://klymbai.com

Please update the contact details above if your official legal or commercial contact information changes.