MOBILE APPLICATION TERMS AND CONDITIONS OF USE

Acceptance of the Mobile Application Terms and Conditions of Use

These mobile application terms and conditions of use for the KOVA mobile application, accessible at [URL] (the "App"), constitute a legal agreement and are entered into by and between you and EXPRESSIVE VOICE ASSISTANT LABORATORIES, INC. ("Company," "we," "us," "our"). The following terms and conditions (these "Terms and Conditions") govern your access to and use of, including any content, functionality, and services offered on or through the App.

BY USING THE APP, OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://www.kova.ai/privacy/ (OUR "PRIVACY POLICY"), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE APP.

By using this App, you represent and warrant that you are of the legal age of majority under applicable law (your age must be 17 years and over) to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

License Grant

The Company grants you a limited, non-exclusive, and non-transferable license to download, install, and use the App on your mobile device (the "Mobile Device"), strictly in accordance with these Terms and Conditions.

If you are a business or entity other than a natural person (collectively, a "Business"), the individual registering the account or otherwise using our App on behalf of the Business must have obtained all necessary permission to bind the Business to these Terms and Conditions.

Amendments to the Terms and Conditions and to the App

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the App may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or unavailable at any time or for any period.

The Company may from time to time, in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms and Conditions.

Your Use of the App and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, in accordance with our Privacy Policy.

The safety and security of your information also depends on you. The App, including content or areas of the App, may require user registration. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.

Your provision of registration information and any submissions you make to the App through any functionality (the "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this App, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or using authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) reverse engineering, disassembling, decompiling, decoding, copying, or otherwise attempting to derive or gain access to the source code of the App or any part thereof; (e) disrupting network services and otherwise disrupting the Company's ability to monitor the App; (f) using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, or crashing; and (i) otherwise attempting to interfere with the proper working of the App.

Intellectual Property Rights and Ownership

You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, in any form or medium whatsoever, unless authorized by these Terms and Conditions.

If you print off, copy, or download any part of our App in breach of these Terms and Conditions, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by the Company.

Conditions of Use and User Submissions

As a condition of your access and use of the App, you agree that you may use the App only for lawful purposes and in accordance with these Terms and Conditions.

Any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the App or to other users or persons (collectively, "User Submissions") and through any and all Interactive Functions must comply with these Terms and Conditions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and applicable terms of service and/or terms of use of any third party.

Without limiting the foregoing, you warrant and agree that your use of the App and any User Submissions shall not:

• In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
• In any manner violate the terms of use of any third-party website that is linked to the App, including but not limited to, any third-party social media website.
• Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
• Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
• Involve, provide, or contribute any false, inaccurate, or misleading information.
• Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions.
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
• Otherwise use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App.

For the avoidance of doubt, any source materials you upload or otherwise make available via the App—whether for creating audio courses or any other functionality—are "User Submissions" as defined in these Terms and Conditions. You alone bear responsibility for the legality of those materials, any materials derived from them, and the manner in which they are used through the App, as well as any consequences arising from their use by you or by others to whom the App makes them available. You represent and warrant that both your submission and any intended use of the materials comply with all applicable laws and do not infringe or violate any third party's rights. While the App may facilitate the uploading and usage of such materials, the Company does not supply, verify, or endorse them. The Company assumes no liability for the legality, accuracy, or completeness of any source materials or for any outcome arising from their use.

User Submissions: Grant of Licence and Indemnification

The App may contain Interactive Functions allowing User Submissions on or through the App.

By providing any User Submission to the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and to incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms and Conditions.

You understand and agree that you, not the Company nor the Company's parent, subsidiaries, affiliates, or their respective directors, officers, employees, mandataries, agents, service providers, contractors, licensors, licensees, suppliers, successors, or assigns (together, the "Indemnified Parties"), bear sole and complete responsibility for any User Submissions you submit or otherwise make available through the App, including their content, accuracy, legality, and any consequences arising from their use. The Indemnified Parties do not monitor, verify, endorse, or assume any liability for the content or accuracy of such User Submissions and will not be liable to you or to any third party for any claims or damages arising out of or relating to them. You agree to indemnify, defend, and hold the Indemnified Parties harmless from any and all losses, liabilities, judgments, damages, costs, or expenses (including reasonable legal fees) resulting from or arising out of your User Submissions or any breach of these Terms and Conditions by you.

You acknowledge and agree that any prompts or instructions you provide through the App that result in the automated retrieval or extraction ("scraping") of content from third-party websites are initiated solely by you. You are responsible for ensuring that such scraping complies with all applicable laws and regulations, as well as with any contractual or other restrictions or terms imposed by the relevant third-party websites. By using the App in this manner, you represent and warrant that you have all necessary rights and permissions to access, copy, or otherwise use the content obtained from third-party websites. The Company does not monitor, verify, or endorse the scraping of any website and assumes no liability for any resulting violations, damages, or claims. You agree to indemnify, defend, and hold the Company and its Indemnified Parties harmless from and against any losses, liabilities, damages, judgments, awards, costs, or expenses (including reasonable legal fees) arising out of or relating to your scraping activities, your use or disclosure of scraped content, or any breach of these Terms or other applicable obligations.

App Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

• Remove or refuse to post on the App any User Submissions for any or no reason in our sole discretion.
• At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
• Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.
• Terminate or suspend your access to all or part of the App for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the App or its use, and do not and cannot undertake to review material that you or other users submit to the App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

You may terminate this agreement by deleting the App and all copies thereof from your Mobile Device, and by deleting your account. Upon termination, any personal information you submitted to us will be retained or deleted in accordance with our Privacy Policy.

No Reliance and Third-Party External Links

Although we make reasonable efforts to update the information on our App, we make no representations, warranties, or guarantees, whether express or implied, that the content on our App is accurate, complete, or up to date. Your use of the App is at your own risk and neither the Company, nor its Indemnified Parties, have any responsibility or liability whatsoever for your use of this App.

This App may include content provided by third parties, including from other users and third-party licensors. The Company has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

For your convenience, this App may provide links or pointers to third-party sites. We make no representations about any third-party websites that may be accessed from this App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Privacy Policy

By submitting your information or personal information and using our App, you consent to the collection, use, reproduction, storing, communication, and disclosure of any such submitted information in compliance with our Privacy Policy, as we deem necessary for the use of our App.

By using our App, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze the usage patterns of our App.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS INDEMNIFIED PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS INDEMNIFIED PARTIES REPRESENT OR WARRANT THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR MOBILE DEVICE, OTHER DEVICES, INTERNET, AND DATA SECURITY.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS INDEMNIFIED PARTIES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY LINKED APPS OR SUCH OTHER THIRD-PARTY APPS, OR ANY APP CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its Indemnified Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the App, including, but not limited to, your User Submissions, or any use of the App's content and services, other than as expressly authorized in these Terms and Conditions. This indemnification obligation is in addition to, and does not limit, any indemnification obligations set out elsewhere in these Terms and Conditions (including in connection with User Submissions).

Governing Law and Choice of Forum

The Company is established and operates under the laws of the Province of Quebec, Canada. Laws may differ depending on your jurisdiction of residence. If you reside or are established outside the Province of Quebec, you are responsible for ensuring that your use of the App is permitted by the local or national laws applicable to you.

The App and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the App and under these Terms and Conditions will be instituted in the courts of the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions, and any documents referenced herein, including our Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

Should you become aware of misuse of the App, including libelous or defamatory conduct, or copyright infringement, you must report it to the Company at legal@evalabs.ai.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to support@evalabs.ai.

Language

In the event that these Terms and Conditions were characterized or construed as a contract of adhesion under Québec law, the party to these Terms and Conditions on whom the essential terms and conditions or stipulations are unilaterally imposed and are not negotiable (the adhering party) acknowledges having been provided by the other party with a French version of these Terms and Conditions at no cost, and thereafter, has explicitly expressed its willingness to be bound by these Terms and Conditions written exclusively in English. The parties have expressly required and mutually agree to be bound exclusively by the English version of these Terms and Conditions. The parties further agree that all documents related to these Terms and Conditions, including notices and other communications, be drafted exclusively in English. Dans l'éventualité où les présentes conditions seraient qualifiées ou interprétées comme étant un contrat d'adhésion en vertu du droit applicable au Québec, la partie à ces conditions pour qui les stipulations essentielles sont unilatéralement imposées et sont non négociables (la partie adhérente) reconnaît qu'une version française de celles-ci lui a été remise sans aucun frais par l'autre partie, et par la suite, avoir expressément exprimé sa volonté d'être liée aux conditions rédigées exclusivement en anglais. Les parties ont expressément requis et conviennent mutuellement d'être liées exclusivement par la version anglaise de ces conditions. Les parties conviennent également à ce que tous les documents se rattachant à ces conditions, incluant les avis et autres communications, soient rédigés exclusivement en anglais.