Last updated: August 06, 2024 

Please read these terms and conditions carefully before using Our Service. 

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Interpretation and Definitions 

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Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

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Definitions 

For the purposes of these Terms and Conditions: 

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. 

• Country refers to: Hong Kong SAR China. 

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Innocorn Technology Limited, Unit 2202, 22/F, Causeway Bay Plaza 1, 489 Hennessy Road, Causeway Bay. 

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. 

• Service refers to the Website. 

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.  

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. 

• Website refers to Kimiya, accessible from www.kimiya.ai 

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 

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Acknowledgment 

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These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. 

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Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. 

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By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. 

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You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. 

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Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.

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Please read Our Privacy Policy carefully before using Our Service. 

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User Content 

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Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”). 

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WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. 

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By displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Caption’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels and operating, providing, improving, troubleshooting, and debugging the Service, include any artificial intelligence/machine learning models and algorithms informing the Service.. 

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For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. 

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In connection with your User Content, you affirm, represent and warrant the following: 

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You have all the rights necessary to provide us with User Content for us to use, disclose, or otherwise process your User Content in accordance with your User Account setting, this Agreement, and our Privacy Policy. 

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You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service. this Agreement, and our Privacy Policy, and each such person has released you from any liability that may arise in relation to such use. 

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You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. 

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Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. 

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Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. 

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To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. 

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Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content. 

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You acknowledge and agree that Company may or may not, in its sole discretion, pre-screen or otherwise monitor User Content before or after it is uploaded into the Service but has no obligation to do so. We reserve the right in our sole discretion, but do not assume the obligation, to reject, move, edit, or remove any User Content, including any User Content that violates these Terms or is otherwise objectionable. 

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Product and Services 

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Recurring Billing 

By enrolling in one of our automatically renewing subscription services, you authorize us to charge your credit card on a recurring basis for the applicable charge and any and all taxes or possible transaction fees, and any other charges incurred in connection with your subscription. Your credit card will automatically be charged the applicable charge on the applicable renewal processing date unless you cancel before that date. 

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Payment Method 

The charge for subscription renewal will be billed to the credit card you specified in your order. You may update your credit card in the applicable app store or through your web-based account. Following any update, you authorize us or the applicable app store to continue to charge your updated credit card. If your renewal order cannot be completed with the credit card you provided, you authorize us or the applicable app store to charge any credit card associated with your account and to charge that credit card for your order. Some credit card issuers may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your credit card. Check with your credit card provider for details. 

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If your credit card cannot be processed for some reason, we may contact you via auto-generated email, text, or phone if you are opted-in to receive such forms of communication. 

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Cancellation 

You may cancel your automatically renewing subscription at any time before the date your subscription renewal is processed.  If you cancel your subscription, you will continue to receive access until the end of the then-current subscription period.  No refunds will be provided. 

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To cancel, access the My Subscription setting in your Profile in the panel. Deleting your account will not cancel your subscription. 

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Price Or Term Changes. 

Pricing and terms are subject to availability, and the price or term for your subscription may change from time to time. If the price and term for your subscription changes, we will communicate any price or term changes to you in advance and, if applicable, how to accept those changes. Price or term changes will apply to the next subscription term following the date of the price or term change. If you do not agree with the price or term change, you have the right to reject the change by cancelling your subscription prior to the price or term change going into effect. Please make sure you read any such notification of price or term changes carefully. 

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Free Trials & Promotions. 

We may offer promotional trial subscriptions for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the applicable Service are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable additional terms.  You may cancel your subscription during your promotional period to avoid being charged the full applicable subscription fee using the procedures described in the “Cancellation” section above. 

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Links to Other Websites 

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. 

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The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. 

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We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. 

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Termination 

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. 

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Upon termination, Your right to use the Service will cease immediately. 

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GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong. Innocorn’s mailing address is Unit 2202, 22/F, Causeway Bay Plaza 1, 489 Hennessy Road, Causeway Bay. 

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"AS IS" and "AS AVAILABLE"

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Disclaimer 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

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Without limiting the foregoing, neither the Innocorn nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

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Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 

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Disputes Resolution 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. 

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Severability and Waiver 

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Severability 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

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Waiver 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 

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Indemnification 
You agree to indemnify and protect us from any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, including third-party claims and legal fees, that arise from your breach of these Terms, violation of applicable law, or use of our Services or outputs. You will assist us, at no cost, with any defense related to such matters, including providing necessary information, documents, records, and reasonable access to you. You may not settle any third-party claim or waive any defense without our prior written consent.

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Force Majeure
We are not liable for any failure to fulfill obligations related to the Services, including those under these Terms, due to events beyond our control. These events include but are not limited to, natural disasters, terrorism, war, political unrest, riots, civil disturbances, actions by civil or military authorities, uprisings, earthquakes, floods, or other unforeseen events outside our control that result in the termination of an agreement or contract.

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Translation Interpretation 

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. 

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Changes to These Terms and Conditions 

You can review the most current version of the Terms of Service at any time at this page. 

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We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. 

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Contact Us 

If you have any questions about these Terms and Conditions, You can contact us: 

• By email: info@innocorn.com