The use of the Korro (OT) application is subject
to different terms of use depending on the type of user. If you are an
occupational therapist using the application as part of your practice,
the Occupational Therapist
Terms of Use apply to your use. If you are a patient
(or a legal guardian of a patient) using the application as part of engagement
with the patient’s treatment plan provided by an occupational therapist,
the Patient Terms of Use apply to your use.
Patient Terms of Use
OVERVIEW
These Patient Terms of Use (“Terms and
Conditions”) constitute a legally binding agreement between you (“You”,
“Your” or “User”) and Korro AI Limited and its
subsidiaries and affiliates (collectively, “Korro AI,” “Our,” “Us”
or “We”) that applies to Your use of the Korro (OT) mobile application
and related services and online portals (collectively, the “App”).
By using the App, You
acknowledge that You have read and understand, and agree to accept and be bound
by, these Terms and Conditions, including Our Privacy Policy at https://privacy.korro.ai which is incorporated
herein by reference. You also
agree to be bound by and comply with additional applicable terms and conditions
that are expressly referenced in these Terms and Conditions, posted in any part
of the App, or otherwise provided to You by Us electronically or otherwise. Korro AI reserves the
right, in its sole discretion, to modify these Terms and Conditions (including
any other terms and conditions incorporated herein) at any time without notice,
and the revised terms will be effective as of the “Last Updated” date set forth
in these Terms and Conditions. Therefore, it is Your responsibility to periodically review these
Terms and Conditions. We reserve the right to modify, suspend or discontinue
any part of the App at any time with or without notice and without liability.
Nothing in these Terms and Conditions shall be construed to obligate Us to
maintain or support any part of the App.
The App may
be used under these Terms and Conditions only by occupational therapy patients,
as directed by occupational therapists. If You are a patient younger than the
age of majority in Your jurisdiction of residence (or a caretaker of such a
patient), You may use the App only with involvement and permission of a parent
or legal guardian, and by such use the patient’s parent and/or legal guardian
hereby agrees to be, and will be, responsible for the patient’s use of the App
and held jointly and severally liable for any and all claims arising from such
use (and references to “User,” “You” and “Your” herein shall be deemed to refer
to both the patient and such parent or guardian, as applicable). If You are a
parent or legal guardian, please read and discuss these Terms and Conditions
with the patient and Your occupational therapist prior
to using the App. If you are an occupational therapist, you may use the App
only subject to Our Occupational Therapist Terms of Use at https://terms.korro.ai.
BE ADVISED
THAT THESE TERMS AND CONDITIONS ALSO CONTAIN DISCLAIMERS AND LIMITATIONS ON OUR
LIABILITY AND CLAIMS AGAINST US THAT MAY BE APPLICABLE TO YOU. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE ANY PART OF THE APP.
SAFETY NOTICE
Please read the following notice, as it sets out certain risks
associated with the use of the App. This App (including its content, for
example the immersive and gamified experiences and other activities within the
App) shall not be used by or for patients under the age of 5, or patients who
may be unable to maintain safe control of their physical actions in connection
with App activities. As part of the App’s intended use, users will be
performing and repeating physical maneuvers, which may include moving their
hands, feet and body. Striking, contacting
or becoming entangled in any object, tripping, slipping, sliding or falling, or
attempting to perform maneuvers that are beyond the patient’s physical
abilities while using the App or performing activities in connection with use
of the App, could cause bodily injury or death (to the patient or others) or
property damage. Therefore, You must properly make
safe, or instruct the occupational therapist to make safe, the patient’s
potential movement area, including without limitation clearing the patient’s
potential movement area of people, animals, furniture, hazards of all types,
and all other obstacles and objects that could potentially injure or otherwise
harm the patient, any other person or any property.
MEDICAL CARE DISCLAIMER
The App is intended to support occupational
therapists and patients by supplementing clinical care for patients at home or
in a clinic setting. The App (including its content), and any information or
output provided by it, does not constitute providing medical advice or
information or professional services. Information provided by the App is only a
reflection of the metrics produced by patient engagement with the App. The App
is an adjunctive tool to support the therapeutic regimen recommended by Your occupational
therapist and agreed to by You.
The App is
not a substitute for professional medical or therapeutic advice, diagnosis or treatment. You should not use information found
on the App to replace a relationship with Your occupational therapist or other
healthcare professional and should not rely on that information as professional
medical advice or to diagnose or treat a health problem. Always seek the advice of Your occupational therapist or other
qualified healthcare provider concerning questions You may have.
1. THE
APP
Our App is intended to support occupational
therapists by supplementing clinical care for patients at home or a clinic
setting. Our App provides You with interactive content and metrics about Your
capabilities and activities, which You may choose to share with Your
occupational therapist. You may use the App either at home or in the clinic
setting, solely in accordance with Your occupational therapist’s express
instructions. These Terms and Conditions do not replace Your engagement with
Your occupational therapist (or any terms or conditions governing such
engagement), nor do they have any effect on Your relationship with Your
occupational therapist. Korro AI is expressly not a party to any terms or
conditions governing Your engagement with Your occupational therapist.
2. REGISTRATION
You must register and create a user account
using an activation code provided by your healthcare provider in order to use the App. As part of the registration
process, You may be required to select a password. You
shall provide accurate, complete, and updated registration information, in
compliance with all applicable laws, rules and regulations. You may not (i)
impersonate another person; (ii) use as a user name a
name subject to any rights of another person or entity without appropriate
authorization; or (iii) use another user’s account without permission.
Korro AI reserves the right to refuse User’s
registration or to block User’s access to the App (or any part thereof), at its
sole discretion. You are solely responsible for the activity that occurs on
Your account and must keep Your account credentials secured. You must notify
Korro AI immediately of any breach of security or unauthorized use of Your
account. You
understand and acknowledge that no data transmission over the Internet can be
guaranteed to be 100% secure and We cannot guarantee that any personal or other
information You submit to Us will be free from unauthorized third-party access.
All information You submit to Us is submitted at Your own risk. Korro AI will not be
liable for Your losses caused by any unauthorized use of Your account.
3. LICENSES;
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
3.1. Korro
AI retains all right, title, and interest in and to the App (including any and all related intellectual property and proprietary
rights in any jurisdiction). Subject to these Terms and Conditions, Korro AI
hereby grants You a limited, non-transferable, non-exclusive, non-assignable,
non-sublicensable, limited license to access and use the App during the term of
these Terms and Conditions solely as expressly permitted hereunder. Except as
expressly provided herein, no other rights or licenses, express or implied, by
estoppel or otherwise, are granted to You by Korro AI with respect to the App
(including Korro AI Content, as defined below).
3.2. All
photos, illustrations, drawings, animations, texts, scripts, data, designs,
graphics, images, logos, audios, videos, songs, interactive features,
trademarks, service marks, trade names, the “look and feel” of the App and
other features obtained from or through the App, software, and all other
content and materials used, displayed, included, incorporated, uploaded, posted
or published by or on behalf of Korro AI or any third party in or to the App
(other than User Content, as defined below) (collectively, “Korro AI Content”),
are the sole property of Korro AI and/or Our licensors. All goodwill that arises in connection with Your use of any logo,
trademark, service mark, trade name, slogans or other
indicia of origin of Korro AI shall inure exclusively to Korro AI or its
licensors, as applicable.
3.3. “User
Content” means any and all comments, feedback, reviews, messages, ideas, suggestions,
photographs, recordings and other materials, information or communications that
You post, comment, submit, publish, display, transmit or otherwise make
available to Us (collectively, “Post”), including via the App.
You (and not Korro AI) are fully
responsible for any User Content You Post, including its legality, reliability,
accuracy, and appropriateness, and You agree that We are not responsible or
liable to any third party for any User Content. Korro AI reserves the right,
but has no obligation, to monitor and review any User Content and edit or
remove such User Content in its sole discretion. You shall ensure that Your User Content (i) complies with all
applicable laws, rules and regulations, (ii) does not infringe, misappropriate
or otherwise violate any intellectual property, proprietary, publicity or other
right of any other person or entity, (iii) is not offensive, threatening,
libelous, defamatory, pornographic, obscene, abusive, misleading, fraudulent or
otherwise inappropriate or illegal, and (iv) does not contain any computer
virus or other malware that could affect any part of the App, any of Our
systems or any third-party systems, or any other App user.
You hereby grant to Us a perpetual,
irrevocable, non-terminable, worldwide, royalty-free, fully transferable, fully
sublicensable and non-exclusive license to copy, reproduce, distribute,
disclose, publicly display, modify, create derivative works of and otherwise
use and exploit User Content for any and all purposes.
Korro AI has no
obligation to (a) maintain any User Content in confidence, (b) pay compensation
(including royalties) with respect to any User Content, or (c) respond to any
User Content.
4. RESTRICTIONS
ON USE
4.1. You hereby warrant, represent
and undertake that You will not, and will not permit or authorize third parties
to: (i) use the App in any way that: (a) is defamatory, abusive, harassing,
threatening or racially insensitive, or constitutes an invasion of a right to
privacy of another person, or is otherwise offensive, violent, vulgar or
obscene or otherwise harms or can reasonably be expected to harm any person or
entity; (b) infringes, violates, misuses or otherwise interferes with any copyright,
patent, trademark, trade secret or other intellectual property right or
contractual rights of any third party; (c) is illegal or encourages or
advocates illegal activity; or (d) is in violation of any instructions or
restrictions from Your occupational therapist; (ii) Post any User Content
or other communication or solicitation designed or intended to obtain password,
account, or private information from any third party; (iii) interfere with the proper working of the App, including without
limiting by transmitting viruses, trojan horses, worms, or any
other computer programs designed to interrupt, destroy, or limit the
functionality of the App and/or any system, computer software, hardware or
telecommunications equipment; (iv) create a false identity or impersonate
another person; (v) “stalk” or otherwise harass another, or engage in any
conduct that is antisocial, disruptive, or destructive, including “flaming,”
“spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly
understood and used on the Internet; (vi) otherwise engage in, or assist, permit or encourage any other
person to engage in, any activity that Korro AI deems objectionable in its sole
discretion; or (vii) violate these Terms and Conditions and
any applicable law or regulation.
4.2. You will not, and will not
permit or authorize third parties to: (i) take any action intended to probe,
scan, test, circumvent or disable the operation of any security feature or
measure of the App, or access or use any non-public areas of the App or any of
Korro AI’s or its licensors’ computer systems or networks; (ii) publish,
distribute, sell, disclose, market, sublicense, rent, lease, display, provide,
transfer or make available the App, or any portion thereof, to any third party;
(iii) decompile, reverse engineer, disassemble, enhance, or otherwise make any
attempt to discover the source code of the App, or any part thereof; (iv)
modify, reproduce, or create derivative works from the App (including without
limitation any Korro AI Content) or any part thereof; (v) access the App or
Korro AI’s facilities, or record,
process or mine information about other users, via automated means,
including by crawling, scraping, caching or otherwise (except as may be the
result of standard search engine protocols or technologies used by a search
engine with Our express consent); or (vi) remove, obscure or otherwise alter any proprietary notices
appearing on any part of the App or any Korro AI Content, including any
copyright, trademark and other intellectual property notices; or (vii) use the App and/or any
Korro AI Content in any manner that is illegal or not authorized by these Terms
and Conditions.
5. USAGE
RULES
Since You are downloading the App from a
third-party platform, service provider or distributor, such as Apple App Store,
Google Play Store, Amazon Appstore, etc. (collectively, the “Platform Provider“), Your
download of, access to and use of the App may also be governed by terms and
conditions of the Platform Provider (“Usage Rules“). It is Your
responsibility to determine what Usage Rules are applicable to Your use of the
App. You undertake to comply with all the applicable Platform Provider's Usage
Rules and are solely responsible for Your use of any Platform Provider product
or service. You represent that You are not prohibited by any applicable laws or
Usage Rules from downloading and/or using the App. Any download and/or use of
the App by anyone prohibited by any applicable laws or Usage Rules from
downloading and/or using the App is expressly prohibited.
6. TERMINATION
These Terms
and Conditions are effective from the date on which You first access the App
and shall remain effective until terminated in accordance herewith. We may
immediately terminate these Terms and Conditions, and/or Your access to and use
of the App (or any part thereof) at any time for any reason, without or without
cause and without prior notice or liability. Upon termination of these Terms and Conditions, Your
right to access and use the App shall immediately and automatically terminate
and You shall cease all access to and use of the App. All the provisions of
these Terms and Conditions which by their nature should survive termination
(including, without limitation, ownership provisions, the license to User Content,
dispute resolution provisions, warranty disclaimers, indemnification
obligations and limitations of liability) shall remain in full force and effect
following termination hereof. Termination of these Terms and Conditions shall
not relieve You from any obligation arising or accruing prior to such
termination or limit any liability which You otherwise may have to Korro AI.
7. PRIVACY
POLICY
Your use of the App is governed by Our privacy
policy, which is available at https://privacy.korro.ai/ (the “Privacy
Policy”). By using Our App, You acknowledge that
You have reviewed Our Privacy Policy and agree to be bound by its terms and
conditions.
8. BETA
PHASE CONFIDENTIALITY
As a result of Your use of the App in its Beta
phase, You will become knowledgeable of certain
Proprietary Information of Korro AI. Any such Proprietary Information shall be
deemed confidential and proprietary information of Korro AI, and You hereby
agree not to disclose Proprietary Information to others, or to use such
Proprietary Information for any purpose other than as necessary for Your use of
the App in its Beta phase in accordance with these Terms and Conditions. You
shall use best efforts to assure that no one else will make any such
unauthorized disclosures or usage. The standard of care to be utilized by You
in Your obligations of non-disclosure and limited use shall be the standard of
care utilized by You in handling Your own information of like sensitivity,
which is not intended for public disclosure or dissemination to third parties,
but in no case less than reasonable care.
As used herein, the term "Proprietary
Information" shall mean all information, of any nature and in any
form, whether written, oral or recorded or transmitted electronically or by
tape or other similar manner, regarding the business, customers, suppliers,
operations, prospects, plans or affairs of Korro AI or in connection with the
App which is furnished to You by or on behalf Korro AI, becomes known to You as
a consequence of Your relationship with Korro AI, or is developed, conceived or
reduced to writing by You in connection with or during the course of Your use
of the App.
9. DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
THE APP (INCLUDING ALL KORRO AI CONTENT) IS AT YOUR SOLE RISK AND THAT THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, RELIABILITY,
VALIDITY AND EFFORT IS SOLELY WITH YOU. THE APP IS SUPPLIED “AS IS”, AND
WITHOUT WARRANTY OF ANY KIND. KORRO AI DOES NOT WARRANT THAT THE USE OF THE APP
WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS.
KORRO AI DOES NOT WARRANT THAT THE USE OF THE APP IS A SUBSTITUTE TO MEDICAL
TREATMENT OF ANY KIND, AND THE APP IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE. KORRO AI MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE APP
(INCLUDING KORRO AI CONTENT) AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR
COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE. The information on THE APP may not be
accurate, complete or current. Such information is provided for general
information only and any reliance thereon is at your sole risk. We undertake no
obligation to update, amend or clarify information on the APP, except as
required by law. We will not be responsible or liable
with respect to any conduct, content or communication on THE APP that results
from unauthorized access to or use of any PART OF THE APP, KORRO AI CONTENT OR
USER CONTENT or any of our systems (including via intrusive, invasive or illegal techniques).
YOU ACKNOWLEDGE THAT YOU ARE USING THE APP AND
AUTHORIZING THE PATIENT TO USE THE APP VOLUNTARILY AND THAT YOU ARE AWARE OF
THE RISKS ASSOCIATED WITH YOUR AND THE PATIENT’S USE OF THE APP, WHICH MAY
INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,
SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING
PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH, AND YOU HEREBY EXPRESSLY
ACKNOWLDGE AND ASSUME ALL SUCH RISKS ON YOUR BEHALF AND ON BEHALF OF THE
PATIENT.
10. LIMITATION
OF LIABILITY
IN NO EVENT SHALL KORRO AI, OR ANY OF ITS
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AGENTS OR
REPRESENTATIVES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DAMAGES, INCLUDING
WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT
DAMAGES, INCLUDING FOR LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF
PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, LOSS OF USE OR OTHER
PECUNIARY LOSS AND DAMAGES FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, IN
CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE APP
(INCLUDING ANY KORRO AI CONTENT OR USER CONTENT), OR YOUR USE OF OR INABILITY
TO USE THE APP, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF
WHETHER KORRO AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
CASE SHALL THE AGGREGATE LIABILITY OF KORRO AI AND ITS SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AGENTS AND REPRESENTATIVES UNDER
THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED OR IN
CONNECTION TO YOUR USE OF THE APP EXCEED THE GREATER OF (I) FIFTY U.S. DOLLARS
($50) AND (II) THE FEE ACTUALY PAID (IF ANY) BY YOU TO KORRO AI FOR THE
PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION
ON CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE APP MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED PERMANENTLY BARRED, AND you hereby
unconditionally and irrevocably release, remise and waive, and discharge us
from, SUCH cause of action OR CLAIM.
12. INDEMNIFICATION
Upon its first demand, You agree to defend,
indemnify and hold harmless Korro AI and its shareholders, directors, officers,
employees, licensors, contractors, agents and representatives from and against
any and all claims, liability, costs, loss, damages and expenses (including
reasonable legal fees) arising from and/or caused due to: (i) Your use or
misuse of, or any of Your activities in connection with, the App (including any
Korro AI Content or User Content); (ii) Your violation of any of these Terms
and Conditions or any third party rights, including without limitation privacy
rights, copyrights or any other intellectual property or proprietary rights of
a third party; (iii) Your User Content; (iv) Your negligence or willful
misconduct; (v) Your violation of any applicable law, rule or regulation; (vi)
personal injury, death or property damage in connection with Your use or misuse
of the App; or (vii) any other damage of any sort, whether direct, indirect,
special or consequential, that You may cause to any third party in relation to
the App. Without limiting the foregoing, We reserve
the right, at Our expense, to assume the exclusive defense and control of any
matter which is subject to indemnification by You, which will not excuse Your
indemnity obligations hereunder and in which event You will fully cooperate
with Us in asserting any available defense. You agree not to settle any matter
subject to an indemnification by You without first obtaining Our prior express
written approval.
13. THIRD-PARTY
MATERIALS
The App may
contain links to third-party websites and platforms, which are provided for
Your convenience only. We do not control, and are not responsible or liable
for, such websites and platforms, their content, or any third-party products or
services, or Your access to, purchase of or use of any of the foregoing. The
inclusion of any such link does not imply that Korro AI is affiliated with, or
approves or endorses, any such third party, website, platform, content, product or service. Please carefully review each third
party’s applicable terms of use, privacy policy and other policies.
14. GEOGRAPHIC RESTRICTIONS
The App is intended only for use in the country(ies) in which it
is made available. We make no representation or warranty that any part of the
App is available or appropriate for use outside of the applicable jurisdictions
where We elect to make it available. If You access or use the App outside of
such jurisdictions, You do so at Your sole risk and You are responsible for complying
with Your local applicable law.
15. NOTICE FOR RESIDENTS OF CALIFORNIA IN
THE UNITED STATES
UNDER
CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE
FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING
OUR PRODUCTS OR SERVICES, PLEASE CONTACT US AS SET FORTH BELOW. CALIFORNIA
RESIDENTS MAY REACH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, CONSUMER
INFORMATION CENTER BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO,
CA 95834, OR BY TELEPHONE AT (800) 952-5210. THIS SECTION DOES NOT APPLY TO
YOU IF YOU ARE NOT A RESIDENT OF THE STATE OF CALIFORNIA IN THE UNITED STATES.
16. MISCELLANEOUS
16.1. These
Terms and Conditions and their performance, and all claims and disputes arising
in connection with these Terms and Conditions, shall be exclusively governed by
the laws of the State of New York, without regard to conflict of laws
provisions that would result in the application of the laws of any other
jurisdiction.
TO THE
EXTENT PERMITTED UNDER APPLICABLE LAW, ALL DISPUTES ARISING OUT OF OR RELATED
TO THESE TERMS AND CONDITIONS, THE APP (INCLUDING ANY KORRO AI CONTENT OR USER
CONTENT) OR ANY OTHER ASPECT OF THE RELATIONSHIP BETWEEN YOU AND KORRO AI,
WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A
NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT
KORRO AI AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT
ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE
ABILITY TO PARTICIPATE IN A CLASS ACTION.
If
applicable, the arbitration will be administered by the American Arbitration
Association under its Consumer Arbitration Rules, as amended by these Terms and
Conditions. The arbitrator will conduct hearings, if any, by teleconference or
videoconference, rather than by personal appearances, unless the arbitrator
determines upon request by You or by Us that an in-person hearing is
appropriate. All in-person appearances will be held in New York, New York. The
arbitrator’s decision will follow the terms of these Terms and Conditions and
will be final and binding. The arbitrator will have authority to award
temporary, interim or permanent injunctive relief or
relief providing for specific performance of these Terms and Conditions, but
only to the extent necessary to provide relief warranted by the individual
claim before the arbitrator. The award rendered by the arbitrator may be
confirmed and enforced in any court having jurisdiction thereof.
16.2. These
Terms and Conditions and the Privacy Policy constitute the entire agreement
between You and Korro AI with respect to the use of the App,
and supersede all prior or contemporaneous understandings and agreements
regarding such subject matter.
16.3. In the event that a court of competent jurisdiction finds
any provision of these Terms and Conditions to be illegal, invalid or
unenforceable, such
provision shall be construed, as nearly as possible in compliance with
applicable law, to reflect the intentions of the parties, and the remaining provisions
will remain in full force and effect. The failure of Korro AI to enforce any
right or provision in these Terms and Conditions will not constitute a waiver
of such right or provision unless acknowledged and agreed by Korro AI in
writing.
16.4. You
hereby acknowledge that the App may consume bandwidth from Your mobile data
plan.
16.5. Korro
AI may assign at any time any of its rights and/or obligations hereunder to any
third party without User’s consent. These Terms and Conditions may not be assigned in any manner by
You without Korro AI’s express prior written consent. There are no third-party
beneficiaries to these Terms and Conditions.
16.6. Notwithstanding anything to the contrary, in addition to any and
all remedies available at law, We shall be entitled to
seek an injunction or other equitable remedies in all legal proceedings in the
event of any threatened or actual violation by You of any of these Terms and
Conditions.
16.7 If You have any
questions or queries about these Terms and Conditions or Our App in general,
please do not hesitate to contact Us via e-mail at: support@korro.ai.
Last
Updated: 01, 2024