KWEEKS TERMS OF USE

Ownership of Services; Arbitration; Agreement to Terms of Use

This Terms of Use Agreement (“Agreement”) is made and entered into by and between WT PUBLISHING LTD, a private limited company organized under the laws of the Republic of Cyprus, (“Kweeks”), and you (“you” or “your”), the user of the Kweeks website, mobile application, and their associated products and services (collectively the “Services”). This Agreement will be effective when you access or use the Services, accept cookies from the Services, and/or when you create or use a User Account (as defined below), and your continued use of the Services or creation of a User Account constitutes your manifestation of assent to the terms of this Agreement. If you do not wish to be bound by the terms of this Agreement, you must immediately discontinue your use the Services and delete any User Account that you have created with the Services.

You have a duty to read this Agreement. This Agreement, to the extent legally allowable in your jurisdiction, requires you and Kweeks to resolve most disputes solely through arbitration and on an individual basis and not as a class action, class arbitration, or any other representative proceeding. Additionally, this Agreement waives your right to a trial by jury.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND KWEEKS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Kweeks’ Ownership of Content and Trademarks

You understand and agree that the Services, including, but not limited to, their source code, data, selection and arrangement, executable code, structure, and organization, contain the valuable trade secrets and intellectual property of Kweeks. Additionally, you understand that all content created by or uploaded to the Services by Kweeks is owned by Kweeks. Under the terms of this Agreement, you do not acquire any ownership rights to the Services or the content or data contained therein except as where otherwise stated under the terms of this Agreement. You acquire only a limited license to use the Services subject to the terms of this Agreement. All other rights are reserved by Kweeks.

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Services by Kweeks, including, but not limited to, KWEEKS, are common law or registered trademarks owned by or licensed to Kweeks. You are expressly prohibited from using the trademarks of Kweeks to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Kweeks in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

Your Use of the Services

Conditional upon your adherence to the terms of this Agreement, Kweeks grants you a limited, non-exclusive, non-transferable, worldwide, and revocable license to use the Services in their executable, and non-source code form and for their customary and intended purposes. The customary and intended purposes of the Services are limited to their use to review information or watch content published on or through the Services, to communicate with Kweeks, or to purchase services through the Services.

As a condition of the license granted to you under the terms of this Agreement, and except where otherwise expressly allowed under the terms of this Agreement, you are expressly prohibited from the following:

1. Attempting to access the Services other than through a standard web browser or through the Kweeks-authorized mobile application unless you have been permitted to do so by Kweeks through a separate, written agreement (this restriction does not apply to search engines that comply with Kweeks’ robots.txt file);
2. Accessing or attempting to access the Services through automated means (this restriction does not apply to search engines that comply with Kweeks’ robots.txt file);
3. Distributing, framing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Services;
4. Training artificial intelligence, large language models, or other generative technologies, including, without limitation, technologies that are capable of performing search functions, without Kweeks’ specific and express written permission;
5. Decompiling, reverse engineering, disassembling, or hacking the Services;
6. Scraping, caching, or utilizing the Services through a proxy;
7. Sharing your User Account with others or providing unauthorized access to your User Account;
8. Circumventing the Services’ technology protection measures;
9. Infringing upon the intellectual property or other proprietary rights of Kweeks;
10. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Services or third parties;
11. Exporting the Services in violation of the export controls or regulations of the laws of your country or any other country’s laws or regulations;
12. Using the Services to violate any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international;
13. Using the Services to violate the rights of third parties, including, but not limited to, any personal or proprietary rights;
14. Removing or altering any proprietary notices contained within the Services, including, but not limited to, copyright and trademark notices; or
15. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Your Representations and Warranties

When using the Services, you warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.

You understand and agree that Kweeks complies with the Children’s Online Privacy Protection Act (“COPPA”). Individuals under the age of eighteen (18) but at least thirteen (13) years of age (“Minors”) may access and use the Services solely with verifiable parental consent. By permitting a Minor to use the Services, the parent or legal guardian of the Minor agrees to the collection, use, and disclosure of the Minor’s personal information as described in Kweeks’ Privacy Notice and acknowledges responsibility for the Minor’s activity on the Services. Kweeks provides parental control features to facilitate oversite of Minors’ access and use. If parental consent is not provided or verifiable, Minors will be denied access to the Services.

You warrant that you are either a human individual that is eighteen (18) years of age or older or a Minor who has received verifiable parental consent from your parent or legal guardian and that you are not a bot, script, or other computer or machine. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement. If you are using the Services on behalf of a third party, including, but not limited to, a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

User Accounts; User Published Content; Use of Artificial Intelligence

Kweeks may provide you with the ability to register a user account (“User Account”), which will provide you with additional access to the Services, including the ability to publish content through the Services. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and any password or sign-in codes and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Kweeks immediately. You expressly agree and understand that you are prohibited from allowing any third party to use your User Account. You are also prohibited from using any other user’s User Account. You may be held liable for losses incurred by Kweeks due to someone else using your User Account or as a result of your failure to keep your User Account information secure and confidential. 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.

Kweeks may provide you with the ability to submit ideas to Kweeks through the Services. If you submit ideas to Kweeks, you agree that any ideas that you submit to Kweeks will automatically become the property of Kweeks and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to Kweeks. You understand and agree that Kweeks may use or redistribute any ideas that you submit to Kweeks for any purpose and in any way and that Kweeks has no obligation to keep any ideas submitted to Kweeks confidential.

Kweeks may also provide you with the ability to submit content to the Services for publication, including, but not limited to, videos and micro-series. You acknowledge and agree that you are solely responsible for any content, information, materials, or information that you submit, post, upload, generate, or publish through the Services (collectively, “User Published Content”). Subject to the license granted to Kweeks under the terms of this Agreement, you retain all rights to your User Published Content. By using the Services, you represent and warrant that you have all necessary rights, permissions, and authority to submit your User Published Content and to grant the licenses described herein.

You understand that, due to the nature of generative artificial intelligence, content generated by you through the Services and its associated generative artificial intelligence tools may be similar to that generated by other users and that such content generated for others is not considered your User Published Content. By submitting User Published Content to the Services, you grant Kweeks a limited, non-exclusive, irrevocable, royalty free, and perpetual license to access, use, store, reproduce, transmit, display, publish, distribute, and modify your User Published Content for the customary and intended purposes of the Services.

This may include, but is not limited to, displaying your User Published Content to third parties through social media links, emailed content, or on the Kweeks Services, providing your User Published Content to third parties, using your User Published Content for the purpose of operating, improving, and promoting the Services, including to develop new products and train artificial intelligence and machine learning models, and archiving or making backup copies of your User Published Content. By providing Kweeks with your consent to use your User Published Content, you waive all moral rights or rights of publicity or privacy with respect to the User Published Content.

You warrant that your User Published Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. You agree to indemnify, defend, and hold harmless Kweeks, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to your User Published Content.

Privacy and Data Processing

In your use of the Services, Kweeks may collect personal or personally identifiable information from you. you warrant and agree that, for any personal or personally identifiable information that you transmit to Kweeks, you have adequate rights to transmit that personal or personally identifiable information to Kweeks and that doing so does not violate any law, statute, regulation, ordinance, or treaty, whether local, state, national, provincial. 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.

Payment; Taxes

When you register and use a User Account to access the Services, you may be charged a subscription fee (“Subscription Fee”) by Kweeks depending on the Services you request and utilize. The Subscription Fee will be payable at the times specified by Kweeks on the website associated with the Services and may be billed on a reoccurring basis. Your subscription will automatically renew until you cancel or Kweeks terminates it. By purchasing or continuing a subscription, you authorize Kweeks to automatically charge the payment method you have provided for the recurring Subscription Fee and any applicable taxes, at the rate in effect at the time of renewal, until you cancel.

Before you complete your purchase and are charged a Subscription Fee, Kweeks will clearly and conspicuously disclose:

1. That your subscription will continue until you cancel;
2. The amount and frequency of recurring Subscription Fee charges;
3. The date your payment method will be charged the Subscription Fee;
4. The length of each renewal period;
5. How to cancel; and
6. That by completing your purchase, you agree to these automatic renewal terms.

These terms will be presented in a manner that you can easily read, retain, and affirmatively consent to before being charged the Subscription Fee.

You authorize Kweeks (or its third-party payment processor) to charge the Subscription Fee to your designated payment method on a recurring basis. If your payment fails or is declined, we may suspend or terminate your access to the Services until payment is successfully processed.

You may cancel your subscription at any time by logging into your User Account or by contacting Kweeks’ support team. Cancellation will take effect at the end of your current billing period, and you will retain access until that date.

Kweeks will provide renewal notices as required by applicable law:

1. Colorado, Illinois, and Delaware: For subscriptions with an initial term of one year or longer, or trial periods longer than thirty (30) days, Kweeks will send a renewal reminder notice between twenty-five (25) and forty-five (45) days before renewal.
2. Vermont: Kweeks will obtain your express, informed consent to renew beyond the initial term.
3. New York and D.C.: Kweeks will provide a reminder notice for annual subscriptions, or, where otherwise required, specifying the renewal date and instructions for canceling.

After you enroll, Kweeks will send a confirmation (by email or another retainable method) that clearly states:

1. The automatic renewal terms;
2. The recurring charges and billing frequency;
3. How to cancel; and
4. Our contact information.

If any material terms change (including price or renewal period), we will provide notice before the next renewal, giving you time to cancel before the change takes effect.

Except as required by applicable law, all Subscription Fees are non-refundable. Access continues until the end of the paid billing period following a cancellation.

You are solely responsible for paying all applicable taxes, levies, duties, or similar governmental assessments that may be imposed on your purchase or use of the Services and Subscription Fees. Kweeks will collect and remit taxes only where required by law.

Third Party Services

You acknowledge and agree that the Services may contain links to third party websites or content that Kweeks does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Services, and you agree that Kweeks will not be responsible for websites not under the ownership or control of Kweeks.

Term and Termination

The term of this Agreement will begin upon your first accessing of the Services and will continue until the earlier of the following: (i) Kweeks terminates your access to the Services; or (ii) you cease using the Services and terminate your User Account. Kweeks reserves the right to terminate the Services or your access to the Services in its sole and absolute discretion and without prior notice.

Consumer Rights Information; California Civil Code Section 1789.3

If Kweeks charges for services, products, content, or information, pricing information will be posted as part of the ordering process for the Services. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814.

Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY VIDEO EDITING, ARTIFICIAL INTELLIGENCE, LARGE LANGUAGE MODELS, OR OTHER 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. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT KWEEKS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SERVICES OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT KWEEKS’ LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE SERVICES IN QUESTION OR $1000, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Kweeks, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use or misuse of the Services, (ii) any claims, demands, injuries, judgments, charges, or fees arising out of your User Published Content; (iii) your violation of any term or condition of this Agreement; (iv) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (v) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. 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 a claim subject to indemnification.

Arbitration and Choice of Laws

You agree that, except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, any dispute, claim, or controversy arising out of or in relation to this Agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will first be submitted to mediation and, if mediation is not successful, be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Kweeks, the parties agree that the arbitrator will decide that issue. Notwithstanding the foregoing, you and Kweeks each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Cyprus law and will be heard exclusively in the courts located in or with jurisdiction over Limassol, Cyprus.

Before initiating mediation or arbitration under this Agreement, you must first send a written notice detailing the nature and basis of the claim to Kweeks at its registered address:

You must then wait a period of 30 days from the date of receipt of the notice to allow for the possibility of resolution. If no resolution is reached within thirty (30) days, any unresolved dispute or controversy arising from or relating to this Agreement shall be mediated by both parties prior to any party pursuing any other legal or equitable remedy in any other forum whatsoever (the “Mediation”). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by a professional neutral(s) with substantial experience in mediating and resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. If and only if any such unresolved dispute or controversy arising from or relating to this Agreement is not finally settled through Mediation, such unresolved dispute or controversy shall be finally resolved by binding arbitration through the New Era Platform in accordance with its rules and procedures for Virtual Expedited Arbitrations. The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction and shall be enforceable consistent with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly referred to as the 1958 New York Convention. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. The arbitrator will apply the laws of Cyprus in deciding any controversy or claim pursuant to this arbitration clause. 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, AND YOU AND KWEEKS EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS. 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. YOU AND KWEEKS ARE INSTEAD ELECTING TO HAVE ALL CLAIMS AND DISPUTES RESOLVED BY ARBITRATION UNDER THIS AGREEMENT, EXCEPT AS SPECIFIED OTHERWISE IN THIS AGREEMENT.

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.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Services, including, but not limited to, your duty to indemnify and defend Kweeks.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Kweeks reserves the right to assign its rights and duties under this Agreement, including in a sale of Kweeks, its assets, or the Services.

Waiver and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.