aikoo — Terms of Service

1. Introduction

These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "User") and COSA, Inc. ("Company," "we," "us," or "our") governing your access to and use of the AI character-based chat service known as "aikoo," including our website, mobile applications, and all related content, features, tools, and functionality (collectively, the "Services").

If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" includes both you and that entity.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Acceptance of the Terms

You agree to these Terms by:

• (a) creating an account;
• (b) accessing or using any part of the Services; or
• (c) continuing to use the Services after changes to the Terms become effective.

Your continued use of the Services constitutes acceptance of any revised Terms.

3. Eligibility and Age Requirements

You must be at least 13 years old to use the Services. If you are under 18 years old, you represent that you have obtained consent from your parent or legal guardian.

You represent and warrant that all information you provide regarding your age is truthful and accurate. We do not independently verify age, and we are not responsible for any misrepresentation of age by users.

We do not knowingly collect personal information from children under the age of 13. If you believe that a child under 13 has provided personal information to us, please contact us immediately.

4. Account Registration and Security

Certain features of the Services require registration. You agree to provide accurate, current, and complete information and to keep your account information updated.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not responsible for any loss or damage resulting from unauthorized access to your account.

We reserve the right to suspend or terminate accounts that are inactive for an extended period or that violate these Terms.

5. Nature of the Services and AI-Generated Content

The Services provide interactions with AI-generated characters and responses. All content generated through the Services is produced by artificial intelligence systems and does not originate from a human being.

AI-generated content is inherently probabilistic and may be inaccurate, incomplete, misleading, fictional, or offensive. Such content may not reflect real events, people, emotions, intentions, or outcomes.

The Services are provided solely for entertainment, self-reflection, and informational purposes. The Services do not provide medical, legal, financial, investment, psychological, or other professional advice, and no AI-generated content should be construed as such.

6. No Reliance and Assumption of Risk

You acknowledge and agree that you must not rely on any AI-generated content for making decisions that may affect your health, finances, relationships, legal rights, or well-being.

Any actions you take based on content generated through the Services are taken entirely at your own risk. You assume full responsibility for your use of the Services and for any consequences resulting from such use.

We make no representations or warranties regarding the accuracy, reliability, usefulness, or suitability of any AI-generated content, and we expressly disclaim any duty of care with respect to such content.

7. User Content Responsibility

You are solely responsible for any content you submit, upload, transmit, or otherwise make available through the Services ("User Content"). You represent and warrant that you own or have all necessary rights, permissions, and consents to submit such User Content.

We do not control, endorse, or guarantee the accuracy of User Content, and we are not responsible for any User Content or for any loss or damage resulting from your interaction with User Content.

8. Prohibited Conduct

You agree not to use the Services to submit, generate, or share content that:

• (a) violates any applicable law or regulation;
• (b) infringes intellectual property, privacy, or publicity rights of others;
• (c) is defamatory, abusive, harassing, threatening, or discriminatory;
• (d) contains excessive violence, sexual exploitation, or self-harm content;
• (e) promotes illegal activities, fraud, or deception;
• (f) attempts to circumvent safety features or restrictions of the Services;
• (g) impersonates any person or entity; or
• (h) is otherwise objectionable or harmful, as determined by us in our sole discretion.

9. Monitoring and Moderation

We reserve the right, but have no obligation, to monitor, review, remove, restrict, or disable access to any content or account at any time and for any reason, including to enforce these Terms, comply with legal obligations, or protect the safety and integrity of the Services.

We may use automated systems and human review to detect violations of these Terms. You acknowledge that such monitoring may occur.

10. License to User Content

You retain ownership of any intellectual property rights that you hold in the User Content you submit to the Services.

By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, analyze, display, and distribute such User Content solely for the purposes of operating, providing, maintaining, improving, promoting, and developing the Services, including AI system training, quality improvement, safety monitoring, and compliance with legal obligations.

11. Aggregated and De-Identified Information

The Company may create aggregated, anonymized, or de-identified data derived from User Content, usage of the Services, or other information collected through the Services ("Aggregated Data").

The Company may use, analyze, share, and disclose Aggregated Data for any lawful purpose, including but not limited to service improvement, AI model training, research and development, analytics, benchmarking, marketing insights, and business partnerships, provided that such Aggregated Data does not identify you as an individual.

12. AI Output and Intellectual Property

As between you and the Company, you may use AI-generated output produced through your interactions with the Services for personal and non-commercial purposes, subject to these Terms.

We do not guarantee that any AI-generated output is unique, original, or non-infringing, and similar or identical outputs may be generated for other users. We make no representations regarding ownership, copyrightability, or enforceability of rights in AI-generated output.

13. Company Intellectual Property

All rights, title, and interest in and to the Services, including software, algorithms, models, designs, trademarks, logos, and documentation, are owned by or licensed to the Company and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, lease, reverse engineer, or exploit any part of the Services except as expressly permitted by these Terms.

14. Paid Services, Subscriptions, and Billing

Certain features of the Services may require payment. By purchasing paid Services, you agree to provide accurate and complete billing information and authorize us to charge your selected payment method.

Subscriptions automatically renew unless canceled before the renewal date. You may cancel your subscription at any time through the applicable account or platform settings.

All payments are non-refundable except where required by applicable law. If you purchase through a third-party platform (such as an app store), refunds and cancellations are subject to that platform's policies.

We reserve the right to change pricing or features with reasonable advance notice where required by law.

15. Third-Party Services

The Services may include links to or integrations with third-party websites, applications, or services. We do not control and are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

16. Suspension and Termination

We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, if we reasonably believe that you have violated these Terms or if such action is necessary to protect the Services, users, or the Company.

Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination will survive, including but not limited to disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DEFECTS, OR THAT ANY CONTENT OR AI-GENERATED OUTPUT WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100), OR (B) THE AMOUNT YOU PAID TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

19. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) your use of the Services;
• (b) your User Content;
• (c) your violation of these Terms; or
• (d) your violation of any applicable law or the rights of any third party.

20. Dispute Resolution and Binding Arbitration

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration and not in a court of law.

The arbitration shall be conducted under the Federal Arbitration Act and administered by a recognized arbitration provider (such as JAMS or the American Arbitration Association), under its applicable rules.

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

You may opt out of this arbitration agreement by providing written notice to the Company within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms.

Either party may bring individual claims in small claims court if eligible.

21. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

To the extent any dispute is not subject to arbitration, you agree that such dispute shall be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.

22. Changes to the Terms

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice as required by law. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

23. Feedback

If you provide us with any suggestions, ideas, feedback, recommendations, or other input regarding the Services ("Feedback"), you agree that such Feedback is provided voluntarily and without restriction.

You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit the Feedback for any purpose, including improving and developing the Services, without compensation, attribution, or notice to you.

24. Miscellaneous

25. Contact Information

If you have any questions about these Terms or the Services, please contact us at: