GENERAL TERMS AND CONDITIONS OF USE

Effective Date: July 1, 2026

Acceptance of the General Terms and Conditions of Use

These general terms and conditions of use ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and EXPRESSIVE VOICE ASSISTANT LABORATORIES, INC. doing business as Kova AI ("Company," "we," "us," "our"). These Terms govern your access to and use of the Kova AI mobile application ("Kova Audiobooks") and the models, APIs, and related Text-to-Speech Service ("Kova TTS") provided by Kova AI and collectively branded as Kova AI Solutions.

BY CLICKING TO ACCEPT, OR ACCESSING OR USING ANY OF KOVA AI SOLUTIONS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS 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, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE ANY OF KOVA AI SOLUTIONS. IF YOU ARE ACCEPTING ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU REPRESENT AND HAVE AUTHORITY TO BIND THAT ORGANIZATION.

By using the Kova AI Solutions, you represent and warrant that you are of the legal age of majority under applicable law (your age must be 18 years and over) to form a binding contract with the Company, meet all of the foregoing eligibility requirements and are not barred from using any of Kova AI Solutions under applicable law. If you do not meet all these requirements, you must not access or use any of Kova AI Solutions.

Licence Grant

Subject to your compliance with these Terms and payment of applicable fees, the Company:

grants you a limited, non-exclusive, and non-transferable licence to download, install, and use Kova Audiobooks on your mobile device (the "Mobile Device"), strictly in accordance with these Terms.
grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use Kova TTS Voice Models solely for your internal business purposes and as permitted by the documentation.

Amendments to the Terms

We reserve the right in our sole discretion to revise and update these Terms from time to time. All such modifications are effective immediately upon posting and apply to all access to and continued use of Kova AI Solutions. You agree to review these Terms periodically to remain informed of any changes. Your continued access to or use of Kova AI Solutions following the posting of revised Terms constitutes your acceptance of those changes.

The information and material regarding the Kova AI Solutions 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 Kova AI Solutions 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 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 specific features or functionality.

Kova.ai Mobile Application

Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either: (a) Kova Audiobooks 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 Kova Audiobooks or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Kova Audiobooks and be subject to these Terms and Conditions.

Kova TTS Service

The following Terms apply specifically to your access and use of Kova TTS, including through the Company's developer platform located at platform.kova.ai (the "Platform"). To the extent these Terms conflict with the other provisions of these Terms with respect to Kova TTS, these Terms govern.

(a) The Platform and Accounts. Kova TTS is a developer-facing Text-to-Speech service that converts text and other inputs you submit into synthetic audio output. You access and manage Kova TTS through the Platform, where you can, among other things, experiment with available voices, generate and manage credentials, monitor usage, and manage billing. Access to Kova TTS requires a registered account. You are responsible for ensuring that all account information you provide is accurate, current, and complete, and for all activity that occurs under your account, in accordance with the "Your Use of Kova AI Solutions and Account Set-Up and Security" section above.

(b) API Keys and Credentials. Access to Kova TTS through the Platform's application programming interface (the "API") requires one or more secret API keys ("API Keys"). API Keys authenticate calls made on your behalf and must be treated as confidential. You are solely responsible for keeping your API Keys secure, for all use of Kova TTS made through your API Keys (whether or not authorized by you), and for any resulting fees and usage. You may create, name, and revoke API Keys through the Platform. You agree to revoke any API Key that is, or that you suspect may be, lost, compromised, or disclosed, and to notify the Company promptly in accordance with these Terms. You must not share, sell, or transfer your API Keys, or embed them in client-side or otherwise publicly accessible code.

(c) Credits and Fees. Use of Kova TTS is metered and paid for using prepaid credits ("Credits"). Credits are purchased in advance through the Platform and are consumed as you generate audio, at the rates and units of measurement (for example, per character of input text) made available on the Platform or in the documentation we provide for Kova TTS (the "Documentation"), as updated from time to time. The Company may offer a one-time promotional Credit grant to new accounts; promotional Credits carry no cash value. You authorize the Company and its third-party payment processor to charge your designated payment method for all Credit purchases and applicable taxes.

(d) Automatic Recharge. If you enable automatic recharge, you authorize the Company and its third-party payment processor to automatically charge your stored payment method, without further action by you, to purchase additional Credits whenever your Credit balance falls below the threshold you configure, in the amount you configure, until you disable the feature through the Platform. You are responsible for maintaining a valid payment method and for monitoring your automatic-recharge settings.

(e) Taxes, Failed Payments, and Suspension. All fees are exclusive of taxes, and you are responsible for all sales, use, value-added, and similar taxes, duties, and charges, excluding taxes based on the Company's net income. If a charge is declined, reversed, or charged back, or if your payment method is invalid, the Company may, without liability, suspend or restrict your access to Kova TTS until all outstanding amounts are resolved.

(f) No Refunds; No Expiry. Except as expressly required by applicable law, all Credit purchases and fees are final and non-refundable, and the Company does not provide refunds, credits, or pro-rated amounts for unused or partially used Credits, including upon suspension or termination. Credits do not expire while your account remains in good standing, but they have no cash value, are not redeemable for cash, and may not be transferred or sold.

(g) Output and Audio Assets. Audio you generate through Kova TTS constitutes "Audio Assets" as defined in the "Intellectual Property Rights and Ownership" section, and your rights to use those Audio Assets are governed by the limited licence granted in that section, subject to your continued compliance with these Terms (including payment of all applicable fees). The text and other inputs you submit to Kova TTS are "User Submissions," and the Company processes them to provide Kova TTS and as described in our Privacy Policy.

(h) Acceptable Use of Synthetic Voice. In addition to the restrictions in the "Conditions of Use and User Submissions" section, and as a condition of your access to Kova TTS, you agree that you will not, and will not permit any end user or other person to, use Kova TTS to:

(i) generate audio that impersonates, or is reasonably likely to be mistaken for, a specific real person, or that clones or replicates the voice or likeness of any individual, without that individual's prior, informed, and verifiable consent and all rights necessary for such use;
(ii) create, facilitate, or distribute fraudulent, deceptive, or misleading content, including scams, phishing, fraudulent robocalls, spam, or content intended to circumvent voice-based authentication or biometric security;
(iii) misrepresent that synthetically generated audio is a recording of a live human being where prohibited by law, or fail to provide any disclosure that audio is artificially generated where such disclosure is required by applicable law;
(iv) generate audio of, or for the exploitation of, minors, or any other content prohibited under the "Conditions of Use and User Submissions" section; or
(v) violate any usage policies, guidelines, or Documentation made available by the Company for Kova TTS.

You are solely responsible for the text and other inputs you submit, for the audio output you generate, and for your use and distribution of that output, and you represent and warrant that you hold all rights and consents necessary for both.

(i) Rate Limits and Fair Use. The Company may set and modify technical and operational limits on Kova TTS, including rate limits, concurrency limits, maximum input length, and quotas. The Company may throttle, suspend, or restrict access that exceeds these limits, that the Company reasonably believes is abusive, fraudulent, or excessive, or that threatens the security, integrity, or availability of Kova TTS or the Company's other customers.

(j) Changes to the Service. Kova TTS is provided on an "as available" basis. The Company may, in its sole discretion and at any time, with or without notice, modify, add, suspend, deprecate, or discontinue Kova TTS, the API, the Platform, or any model, voice, feature, rate, or unit of measurement, in whole or in part. The Company will not be liable to you or to any third party for any such change, and your continued use of Kova TTS after a change constitutes your acceptance of it. Nothing in these Terms entitles you to any specific model, voice, feature, or service level.

Your Use of Kova AI Solutions 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 security of your information also depends on you. Kova AI Solutions requires a user account registration, and it is a condition of your continued use that all the information you provide 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 via the Internet. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures, and you remain responsible for maintaining the confidentiality of your credentials for all activities under your account.

Your provision of registration information and any submissions you make through any functionality (the "Interactive Functions") when using Kova AI Solutions 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 in our sole discretion, to suspend, 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.

You may not attempt to circumvent, disable, interfere with, or otherwise violate any security measures implemented by Kova AI Solutions, 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 Kova AI Solutions or any part thereof; (e) disrupting network services and otherwise disrupting the Company's ability to monitor the activities of any part of Kova AI Solutions; (f) using any robot, spider, or other automatic device, process, or means to access Kova AI Solutions for any purpose, including monitoring or copying any of the material; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the service provided by Kova AI Solutions via a denial-of-service attack, distributed denial-of-service attack, flooding, or crashing; and (i) otherwise attempting to interfere with its proper functionality.

Intellectual Property Rights and Ownership

You understand and agree that Kova AI Solutions 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 Kova AI Solutions 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 Kova AI Solutions, in any form or medium whatsoever, unless authorized by these Terms.

For clarity, some audio content accessible via Kova AI Solutions consists of audiobooks, text scripts and other audio files generated for you through Kova AI Solutions using our voice models and related technology (collectively, "Audio Assets"). Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, worldwide, non-transferable, non-sublicensable, revocable licence to access, download, store, and to use, display and otherwise exploit those Audio Assets, including in combination with other content, on third-party platforms such as YouTube, podcast platforms, social-media services, video or audio streaming services and similar distribution channels, in each case in accordance with these Terms and any usage limits we may communicate to you from time to time. This licence applies only to the Audio Assets that were generated for you and does not transfer to you any ownership or other rights in or to Kova AI Solutions, the underlying voice models, synthetic voices or other technology, or any other content or materials of the Company or its licensors, all of which are reserved.

If you print off, copy, or download any part of Kova AI Solutions in breach of these Terms, your right to use Kova AI Solutions 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 Kova AI Solutions or to any content associated with Kova AI Solutions, 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 Kova AI Solutions, you agree that you may use Kova AI Solutions only for lawful purposes and in accordance with these Terms.

Any content, material, or information that you submit, post, publish, display, upload, transmit, or otherwise make available to Kova AI Solutions, to other users, or through any Interactive Functions is considered a "User Submission." Your User Submissions must comply with these Terms, all applicable laws and regulations, and any applicable third-party terms. Without limiting the foregoing, you warrant and agree that your use of Kova AI Solutions and any User Submissions shall not:

(a) 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 our Privacy Policy.
(b) In any manner violate the terms of use of any third-party website that is linked to Kova AI Solutions, including but not limited to, any third-party social media website.
(c) 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.
(d) 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.
(e) Involve, provide, or contribute any false, inaccurate, or misleading information.
(f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms.
(g) 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).
(h) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of Kova AI Solutions, or which, as determined by us, may harm the Company or users of Kova AI Solutions or expose them to liability.
(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(k) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
(l) Otherwise use Kova AI Solutions in any manner that could disable, overburden, damage, or impair or interfere with any other party's use of Kova AI Solutions.

For the avoidance of doubt, any source materials you upload or otherwise make available via Kova AI Solutions, whether for creating Audio Assets or any other functionality, are "User Submissions" as defined in these Terms. You alone bear responsibility for the legality of those materials, any materials derived from them, and the manner in which they are used through Kova AI Solutions, as well as any consequences arising from their use by you or by others to whom Kova AI Solutions 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 Kova AI Solutions 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

Kova AI Solutions may contain interactive functions allowing User Submissions through the Kova Audiobooks mobile application or through Kova TTS.

By providing any User Submission to Kova AI Solutions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, 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. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms.

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 Kova AI Solutions, 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 by you.

You acknowledge and agree that any prompts or instructions you provide through Kova AI Solutions 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 Kova AI Solutions 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.

Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

Remove or refuse to post on Kova AI Solutions 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.
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 Kova AI Solutions. 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 Kova AI Solutions.
Terminate or suspend your access to all or part of Kova AI Solutions for any or no reason, including, without limitation, any violation of these Terms.

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 Kova AI Solutions or its use, and do not and cannot undertake to review material that you or other users submit to Kova AI Solutions. 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 Kova AI Solutions installed on your Mobile Device or computer, 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 Kova AI Solutions, we make no representations, warranties, or guarantees, whether express or implied, that the content on Kova AI Solutions is accurate, complete, or up to date. Your use of Kova AI Solutions is at your own risk and neither the Company, nor its Indemnified Parties, have any responsibility or liability whatsoever for your use of Kova AI Solutions.

Kova AI Solutions 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, Kova AI Solutions may provide links or pointers to third-party sites. We make no representations about any third-party websites that may be accessed from Kova AI Solutions. 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 Kova AI Solutions, 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 Kova AI Solutions.

By using Kova AI Solutions, 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 Kova AI Solutions.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF KOVA AI SOLUTIONS, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH KOVA AI SOLUTIONS IS AT YOUR OWN RISK. KOVA AI SOLUTIONS, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH KOVA AI SOLUTIONS 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 KOVA AI SOLUTIONS OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS INDEMNIFIED PARTIES REPRESENT OR WARRANT THAT KOVA AI SOLUTIONS, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH KOVA AI SOLUTIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE KOVA AI SOLUTIONS MOBILE APPLICATION OR THE KOVA TTS 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 KOVA AI SOLUTIONS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF KOVA AI SOLUTIONS 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 OR 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, KOVA AI SOLUTIONS, 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 or your use of Kova AI Solutions, including, but not limited to, your User Submissions, or any use of Kova AI Solutions content and services, other than as expressly authorized in these Terms. This indemnification obligation is in addition to, and does not limit, any indemnification obligations set out elsewhere in these Terms (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 Québec, Canada. Laws may differ depending on your jurisdiction of residence. If you reside or are established outside the Province of Québec, you are responsible for ensuring that your use of Kova AI Solutions is permitted by the local or national laws applicable to you.

Kova AI Solutions and these Terms will be governed by and construed in accordance with the laws of the Province of Québec 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 Québec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to Kova AI Solutions and under these Terms will be instituted in the courts of the Province of Québec, 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 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 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms, and any documents referenced herein, including our Privacy Policy, constitute the sole and entire agreement between you and the Company regarding Kova AI Solutions and supersede 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 Kova AI Solutions, 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 Kova AI Solutions should be directed to support@evalabs.ai. For additional information regarding the use of Kova AI Solutions or to submit a request for assistance to customer support, please visit our FAQ web page at https://www.kova.ai/help.

Language

In the event that these Terms were characterized or construed as a contract of adhesion under Québec law, the party to these Terms 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 at no cost, and thereafter, has explicitly expressed its willingness to be bound by these Terms written exclusively in English. The parties have expressly required and mutually agree to be bound exclusively by the English version of these Terms. The parties further agree that all documents related to these Terms, 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.