Terms of Use

1. Ownership of Services; Arbitration; Agreement to Terms of Use

This agreement is between WT PUBLISHING LTD (Kweeks) and users of its website, mobile application, and services. The agreement becomes effective upon access, cookie acceptance, or account creation. Continued use constitutes acceptance. Non-acceptance requires immediate discontinuation and account deletion.

Users must read this agreement. It mandates resolving most disputes solely through arbitration and on an individual basis rather than class actions, and waives jury trial rights.

ARBITRATION NOTICE: The agreement contains arbitration provisions and class action waivers for all claims except intellectual property infringement or small claims court cases. Any and all disputes between you and Kweeks will be resolved by binding, individual arbitration with waiver of class or representative actions.

2. Kweeks' Ownership of Content and Trademarks

The Services contain Kweeks's intellectual property, trade secrets, source code, and organization. All content created by Kweeks is owned by Kweeks. Users acquire only limited licenses, not ownership rights. All other rights remain with Kweeks.

Trademarks including "KWEEKS" are common law or registered marks owned or licensed to Kweeks. Users cannot use these marks to cause confusion in, to cause mistake in, or to deceive consumers or falsely designate origin. Prohibited uses include domain names, keyword advertisements, or meta tags.

3. Your Use of the Services

Subject to agreement compliance, Kweeks grants a limited, non-exclusive, non-transferable, worldwide, and revocable license for customary purposes: reviewing information, watching content, communicating, or purchasing services.

Users are expressly prohibited from:

• Accessing Services outside standard web browsers or authorized apps (except compliant search engines)
• Accessing Services through automated means (except compliant search engines)
• Distributing, framing, cloning, publishing, selling, modifying, or creating derivative works
• Training artificial intelligence, large language models, or other generative technologies without written permission
• Decompiling, reverse engineering, disassembling, or hacking
• Scraping, caching, or using proxy access
• Sharing accounts or providing unauthorized access
• Circumventing technology protection measures
• Infringing intellectual property or proprietary rights
• Posting content to collect personal information
• Exporting in violation of regulations
• Violating applicable laws
• Violating third-party rights
• Removing or altering proprietary notices
• Encouraging others to violate agreement terms

4. Your Representations and Warranties

Users warrant having legal capacity to enter and adhere to this agreement.

Kweeks complies with the Children's Online Privacy Protection Act (COPPA). Individuals aged 13-17 may access with verifiable parental consent. Parents/guardians agree to information collection and disclosure as described in the Privacy Notice and acknowledge responsibility for minor activity. Parental control features are provided. Without consent, minors are denied access.

Users warrant being either 18+ or minors with parental consent, not bots or scripts, and not prohibited by preexisting agreements. Representatives warrant authority to bind their organizations.

5. User Accounts; User Published Content; Use of Artificial Intelligence

Kweeks may provide user account registration for additional access and publishing capabilities. Users are solely responsible for account security and confidentiality, including usernames and passwords. Unauthorized access must be reported immediately.

Users are prohibited from allowing third parties to use their accounts or using others' accounts. Users may be held liable for losses from unauthorized account use or failure to maintain security. Kweeks reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without warning.

Users may submit ideas through Services, which automatically become Kweeks's property without compensation. Kweeks may use or redistribute any ideas that you submit to Kweeks for any purpose and in any way and Kweeks has no obligation to keep any ideas submitted to Kweeks confidential.

Users may submit content for publication including videos and micro-series. Users are solely responsible for submitted content ("User Published Content"). Subject to Kweeks's license, users retain rights to their content. Users represent having necessary rights and authority to submit content and grant licenses.

Due to generative AI's nature, content similar to others' generated content is not considered User Published Content. By submitting, users grant a limited, non-exclusive, irrevocable, royalty free, and perpetual license to Kweeks for access, use, storage, reproduction, transmission, display, publication, distribution, and modification for customary purposes.

This includes displaying content through social media, email, or Services; providing content to third parties; using for operations and improvement; developing products; training AI and machine learning models; and archiving or backing up content. Users waive moral rights and rights of publicity or privacy.

Users warrant their content will not violate laws, regulations, agreement terms, or third-party rights. Users agree to indemnify, defend, and hold harmless Kweeks and its representatives from losses including costs and attorneys' fees from their content.

6. Privacy and Data Processing

Kweeks may collect personal or personally identifiable information. Users warrant having adequate rights to transmit such information without violating laws. Kweeks has adopted its Privacy Notice to ensure that you understand the type of information that it collects, when it collects it, how it uses it, and your right of access to it.

7. Payment; Taxes

Users may be charged subscription fees depending on requested services. Subscription fees are payable at specified times and may recur. Subscriptions auto-renew until canceled by users or Kweeks.

Before charging, Kweeks clearly discloses:

• Subscription continues until cancellation
• Amount and frequency of recurring charges
• Charge date
• Renewal period length
• Cancellation method
• Agreement to auto-renewal

These terms are presented for easy reading and affirmative consent before charging.

Kweeks (or payment processors) charge recurring fees to designated payment methods. Failed or declined payments may result in access suspension or termination.

Users may cancel by logging into accounts or contacting support. Cancellation takes effect at billing period end with access retained until that date.

Kweeks provides renewal notices as required:

• Colorado, Illinois, Delaware: 25-45 days before renewal for 1+ year terms or 30+ day trials
• Vermont: Express informed consent to renew beyond initial term
• New York and D.C.: Reminder notice for annual subscriptions with renewal date and cancellation instructions

After enrollment, confirmation is sent stating auto-renewal terms, recurring charges and frequency, cancellation method, and contact information.

Material term changes trigger notice before next renewal, allowing cancellation before changes take effect.

Except as required by law, subscription fees are non-refundable. Access continues until billing period end after cancellation.

Users are solely responsible for applicable taxes, levies, duties, or assessments on purchases or Services use. Kweeks collects and remits taxes only where required.

8. Third Party Services

Services may contain links to third-party websites or content Kweeks doesn't own or control. Users should review third-party terms and conditions. Kweeks will not be responsible for websites not under the ownership or control of Kweeks.

9. Term and Termination

Agreement term begins upon first access and continues until Kweeks terminates access or users cease using Services and terminate accounts. Kweeks reserves the right to terminate the Services or your access to the Services in its sole and absolute discretion and without prior notice.

10. Consumer Rights Information; California Civil Code Section 1789.3

Pricing information is posted during ordering. Contact information is maintained for complaints and pricing inquiries per California Civil Code Section 1789.3:

Notification Address:
WT PUBLISHING LTD
Digeni Akrita, 1, Blue Ocean Building Mezzanine Floor
Limassol, Cyprus 3035
support@kweeks.com

Users may contact regarding pricing complaints, which Kweeks will investigate and respond to.

California's Complaint Assistance Unit contact:
Division of Consumer Services
Department of Consumer Affairs
1020 N. Street, #501
Sacramento, CA 95814

11. Disclaimer of Warranties and Limitation of Liability

Services including video editing, AI, large language models, and generative technologies are provided on an "as-is" basis and without warranty of any kind, including, but not limited to, warranties of title, merchantability, accuracy, fitness for a particular purpose, security, and non-infringement.

Kweeks is not responsible for claims, damages, judgments, charges, or fees from use or misuse, including compensatory, consequential, special, incidental, or punitive damages, costs, attorneys' fees, errors or omissions, or unavailability or downtime.

Your use of the Services is at your sole risk and Kweeks' liability is limited to the amount that you paid for the Services in question or $1000, whichever is less.

Some jurisdictions exclude implied warranty disclaimers. Affected users should seek legal advice regarding applicability.

12. Indemnification

Users agree to indemnify, defend, and hold harmless Kweeks and its representatives from losses including costs and attorneys' fees from:

• Use or misuse of Services
• Claims from User Published Content
• Agreement term violations
• Third-party rights violations
• Law violations

Your obligation to defend Kweeks will not provide you with the ability to control Kweeks's defense, and Kweeks reserves the right to control its defense, including its choice of counsel and whether to litigate or settle.

13. Arbitration and Choice of Laws

Except small claims, intellectual property infringement, or injunctive relief claims, disputes are first submitted to mediation then binding individual arbitration. If arbitration enforceability is disputed, the arbitrator decides. Intellectual property claims are excluded from arbitration and interpreted under Cyprus law, heard exclusively in Limassol courts.

Before mediation or arbitration, written notice detailing the claim must be sent to:

WT PUBLISHING LTD
Digeni Akrita, 1, Blue Ocean Building Mezzanine Floor
Limassol, Cyprus 3035
support@kweeks.com

Parties must wait 30 days from notice receipt for resolution. Unresolved disputes undergo mediation through New Era ADR, Inc. per its rules with experienced commercial dispute mediators.

If unresolved after mediation, binding arbitration through New Era Platform per its Virtual Expedited Arbitrations rules follows. The neutral is chosen per platform procedures. Parties bear costs as provided or per platform procedures. Awards are enforceable per the 1958 New York Convention. Arbitrators may award costs and attorneys' fees to prevailing parties and apply Cyprus law.

Any dispute resolution proceeding arising out of or related to this Agreement, whether in arbitration or otherwise, shall be conducted only on an individual basis and not in a class, consolidated, or representative action with class action procedures not applied.

You and Kweeks hereby waive any constitutional or statutory rights to sue in court and have a trial in front of a jury or a judge with all claims and disputes resolved by arbitration except as otherwise specified.

14. Force Majeure

Kweeks will not be responsible for any delay or failure in performance of the Services arising out of any cause beyond Kweeks's control, such as acts of God, war, riots, fire, pandemic, terrorist attacks, power outages, severe weather, or other accidents.

15. Survivability

Representations, warranties, duties, and covenants made by users, including indemnification duties, survive agreement, account, or Services termination.

16. Interpretation

This agreement is deemed drafted by both parties, and terms are not interpreted against the drafter.

17. Assignment

Users cannot assign rights and duties. Kweeks reserves assignment rights including in sale scenarios.

18. Waiver and Integration

Agreement terms or breaches are waived only by written, signed waiver. This agreement is the entire agreement superseding previous agreements or representations.