Terms & Conditions

1. Introduction

These terms and conditions (“Terms”, “Agreement”) are an agreement between Raphael Kagermeier (“Raphael Kagermeier”, “Kurt Converts”, “KV”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the KV application and any of its products or services (collectively, “Web Application” or “Services”).

2. Definitions

• “Pages” means the units that are redeemable in exchange for a prompt, generation of Generated Content and/or other action in the Product. Each Page is redeemable for the particular prompt, generation or other action as expressly set forth in the Product.
• “Generated Content means the content that the Solution generates based on Your queries and prompts.
• “Product” means the Solution and all associated documentation (if any) (“Documentation”), collectively.
• “Solution” means the product, KV.

3. AI policy

Your use of the Product is subject to the terms of our AI Policy and any third-party AI provider terms, each of which are incorporated by this reference. KV may use Your prompts, queries and/or other input content to train and improve our products, including the Product.

4. Permissions.

You are responsible for: (a) each of Your employee users hereunder and their compliance with the terms of this Agreement and (b) any prompts and/or queries You input into, or submit to, the Solution and any moderation and/or use of the Generated Content. When You use the Solution, the Solution will generate Content that You may copy or download for Your use.

5. Restrictions

You shall not, and shall not permit any third party to: (i) reverse engineer, reverse assemble, or otherwise attempt to discover the source code of all or any portion of the Solution, except as permitted by law; ( ii) reproduce, modify, translate or create derivative works of all or any portion of the Product, except as expressly authorized by us in writing; (iii) export the Solution or assist any third party to gain access, license, sublicense, resell distribute, assign, transfer or use the Product, except as expressly authorized by us in writing; (iv) remove or destroy any proprietary notices contained on or in the Product or any copies thereof; or (v) publish or disclose the results of any benchmarking of the Products, or use such results for Your own competing software development activities, without the prior written permission of us. You shall only use the Solution in compliance with all applicable laws and regulations, including, without limitation, any restrictions on using artificial intelligence or generative AI.

You shall only use the Solution in compliance with all applicable laws and regulations, including, without limitation, any restrictions on using artificial intelligence or generative AI. You acknowledge and agree that the Product may provide the same or similar output and Generated Content to various users. By using the Solution, You agree that other users of the Solution will be able to see the Generated Content of Your generations.

6. Accounts and membership

If you create an account in the KV Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

7. User Content

We do not own any data, information or material (“Content”) that you submit in the Web Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content in the Mobile Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Web Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

8. Backup

We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of a hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.

9. Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by KV or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with KV. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of KV or licensors. Other trademarks, service marks, graphics and logos used in connection with our Web Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any trademarks of KV or third-party trademarks.

10. General Provisions.

10.1 Miscellaneous. All notices permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, or by certified or registered mail, return receipt requested, and shall be deemed given upon personal delivery, five (5) calendar days after deposit in the mail, or upon acknowledgment of receipt of electronic transmission. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing contained herein shall be construed as creating an agency, partnership, or other form of joint enterprise between the parties. This Agreement may not be assigned, sublicensed or otherwise transferred by either party without the other party's prior written consent except that either party may assign this Agreement without the other party's consent to any entity that acquires all or substantially all of such party’s business or assets, whether by merger, sale of assets, or otherwise, provided that such entity assumes and agrees in writing to be bound by all of such party’s obligations under this Agreement. In the event any judicial proceeding, lawsuit or claim is brought by one party against the other party in connection with this Agreement, the prevailing party shall be entitled to recover its reasonable fees and costs, including but not limited to attorneys’ fees, expert witness fees, consultant fees, and related costs and expenses. This Agreement constitutes the parties’ entire understanding regarding the Product, and supersedes any and all other prior or contemporaneous agreements, whether written or oral. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the remaining provisions of this Agreement shall not be affected thereby. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions shall remain in full force and effect. We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted on our website and effective immediately upon posting. Your continued use of the Product after any such changes constitutes your acceptance of the new Terms & Conditions.

10.2 Governing Law. This Agreement shall be governed by the laws of the State of Styria, Austria without regard to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The laws of Styria, Austria, govern this Agreement without regard to its conflict of laws principles. This choice of law is intended to apply to the fullest extent permissible by law in each jurisdiction that accesses the Product, ensuring consistency and predictability in our legal obligations and processes. Users outside Austria should note that they may be subject to additional local laws applicable in their jurisdiction.

10.3 Arbitration Agreement. Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Austrian Arbitration Act ("AAA"). You and KV expressly agree and intend that this Section satisfies the "writing" requirement of the Austrian Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, "Claims" means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Product or Generated Content, including any and all contents, materials and software related thereto, and/or (ii) Your use of the Product or Generated Content.

10.3.1 Informal Dispute Resolution. If any Claim arises out of or relates to the Product or Generated Content or this Agreement, other than as may be provided herein, then You and KV agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. Our notice to You will be sent based on the most recent contact information that You provided. If no such information exists or if such information is not current, we have no obligation under this Section. For a period of sixty (60) days from the date of receipt of notice from the other party, You and KV will engage in a dialog to attempt to resolve the Claim, though nothing will require either You or us to resolve the Claim on terms with respect to which You and KV, in each of the parties' sole discretion, is not comfortable.

10.3.2 Applicable Law. If You and KV cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then You agree that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration relating to Your use of the Product or Generated Content, will be resolved by binding arbitration, rather than in court. The AAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, You and KV agree that Styrian state law or Austrian federal law shall apply to, and govern, as appropriate, any and all Claims or disputes arising between You and KV regarding this Agreement and the Product or Generated Content, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of this Agreement as a court would. THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT, YOUR ACCOUNT OR THE PRODUCT.

10.3.3 Arbitration Request. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to KV at Neubugasse 24, Graz, 8020. The arbitration shall take place in Graz, Styria or at such other venue (and pursuant to such procedures) as is mutually agreed upon.

10.3.4 Dispute Fees. You and KV will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require KV to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then KV will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit KV to recover attorneys' fees. KV will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

10.3.5 Class Action Waiver. YOU AND KV EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

10.3.6 Exceptions. Notwithstanding the agreement to resolve all disputes through arbitration, You or KV may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or KV may also seek relief in small claims court for Claims within the scope of that court's jurisdiction. In the event that the arbitration provisions above are found not to apply to You or to a particular Claim, either as a result of Your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Graz, Austria. You and KV agree to submit to the personal jurisdiction of the courts located within Graz, Austria for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement or Your use of the Product or Generated Content in the event that the arbitration provisions are found not to apply. In such a case, should KV prevail in litigation against You to enforce its rights under this Agreement, KV shall be entitled to its costs, expenses, and reasonable attorneys' fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which KV may be entitled.

10.3.7 Restrictions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR KV WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR KV MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. "Commencing" means, as applicable: (i) by delivery of written notice as set forth herein; or (ii) filing an action in state or federal court. This provision will not apply to any legal action taken by KV to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Product or Generated Content, intellectual property rights of KV, and/or KV's provision of the Product or Generated Content.

10.3.8 Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt-out to: support@kurt-converts.com with the subject line "COMPANY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". The notice must be sent within thirty (30) days of Your first use of the Product or Generated Content, otherwise You shall be bound to arbitrate any disputes in accordance with this Agreement providing for binding arbitration. If You opt-out of these arbitration provisions, KV also will not be bound by them.