Terms of Service
Welcome to Kwigly!
Kwigly is a service provided by UURETO INC. (“UURETO,” “we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement that governs your access to and use of the Kwigly web application, any associated mobile applications (when available), and all related services (collectively, the “Service”).
It is imperative that you carefully review these Terms in their entirety before utilizing the Service.
1. Acceptance of Terms and Conditions
1.1 Binding Agreement:
By accessing, browsing, or using the Kwigly web application, mobile applications (when available), or any related services (collectively, the “Service”), you, the user (“you” or “your”), unequivocally acknowledge that you have read, understood, and expressly agree to be bound by all the terms, conditions, covenants, and agreements contained herein. This constitutes a legally binding contract between you and UURETO INC. Your access to and use of the Service is strictly conditioned upon your full acceptance of these Terms. If you do not agree to be bound by any part of these Terms, you are strictly prohibited from accessing or using the Service and must cease all use immediately.
1.2 Third-Party Provider Integration and Terms:
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a. Acknowledgement of Reliance: You understand and agree that the functionality of the Service, in part, relies on your integration and use of third-party Large Language Models (LLMs) and related APIs, including but not limited to those provided by OpenAI, Anthropic, and Google (and their respective affiliates and partners, and any future providers we may integrate). These are collectively referred to as “Third-Party LLM Providers.”
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b. User Responsibility for Third-Party Terms: You acknowledge and agree that your use of the Service to interact with any Third-Party LLM Provider is subject to, and you are solely responsible for complying with, the terms of service, privacy policies, acceptable use policies, and any other applicable agreements of each such Third-Party LLM Provider (collectively, “Third-Party Terms”). It is your sole responsibility to review, understand, and adhere to all applicable Third-Party Terms.
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c. No Endorsement or Liability: UURETO INC. is merely an interface provider and is not a party to your agreements with any Third-Party LLM Provider. We do not endorse, are not affiliated with, and assume no liability or responsibility whatsoever for the services, content, data handling practices, policies, or actions of any Third-Party LLM Provider. Your dealings with any Third-Party LLM Provider are solely between you and that provider.
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d. Consequences of Non-Compliance: You acknowledge that failure to comply with any applicable Third-Party Terms may result in your inability to access or utilize certain features of the Service, or may lead to suspension or termination of your access to the Service by UURETO INC., at our sole discretion.
1.3 Modifications to Terms:
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a. Reservation of Right: UURETO INC. expressly reserves the right, at its sole and absolute discretion, to modify, amend, update, or replace these Terms at any time.
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b. Notification: We will endeavor to provide reasonable notice of any material changes to these Terms. This may include, but is not limited to, posting the revised Terms on our official website, within the Service interface, or via email to the address associated with your account.
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c. Acceptance of Modifications: Your continued access to or use of the Service following the posting of any revised Terms will constitute your unequivocal and binding acceptance of the modified Terms. It is your sole responsibility to periodically review these Terms for any changes. If you do not agree to any modifications, you must immediately cease using the Service.
2. Description of Service and Modifications
2.1 Nature of the Service:
Kwigly is an platform provided by UURETO INC. (“UURETO”) designed to serve as an interface for users to interact with various third-party Large Language Models (LLMs) and other artificial intelligence services. The Service facilitates the submission of prompts and the display of responses generated by these integrated LLMs. You understand and acknowledge that Kwigly itself does not generate AI content; it acts solely as a conduit and user interface to access and manage interactions with external LLM providers. We may integrate with providers such as OpenAI, Anthropic, Google, and others, as well as develop proprietary features and functionalities to enhance your experience.
2.2 Modifications, Suspension, and Discontinuation:
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a. Provider’s Absolute Discretion: UURETO INC. reserves the exclusive and absolute right, at its sole discretion, to modify, update, enhance, alter, suspend, restrict access to, or permanently discontinue, any aspect or feature of the Service, or the Service as a whole, at any time and for any reason, without prior notice or liability to you or any third party.
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b. No Obligation to Continue: This includes, but is not limited to, adding or removing support for specific LLM providers, changing the functionality of existing features, altering the user interface, or ceasing to offer the Service entirely.
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c. No Guarantee of Availability: While we strive to provide a reliable and accessible Service, UURETO INC. makes no representations or warranties regarding the continuous availability, uptime, or performance of the Service. The Service may be unavailable from time to time due to scheduled maintenance, system failures, third-party service disruptions, or other causes beyond our control.
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d. No Reliance on Features: You agree that you will not rely on any specific features or functionalities of the Service remaining available indefinitely.
2.3 Changes to Underlying LLM Providers:
You further acknowledge that the availability and performance of the Service are dependent on the availability, terms, and performance of the third-party LLM providers integrated with Kwigly. UURETO INC. is not responsible for any changes, limitations, suspensions, or discontinuations imposed by any Third-Party LLM Provider, nor for any impact such changes may have on the functionality or availability of the Kwigly Service.
3. User Accounts and Registration
3.1 Account Creation and Accuracy
To access and use certain features of the Service, you may be required to register for an account. During the registration process, whether through traditional email/password or via a supported third-party social login provider (e.g., Google, Microsoft, Apple), you agree to:
- a. Provide accurate, truthful, current, and complete information about yourself as prompted by the Service’s registration forms or by the chosen social login provider.
- b. Maintain and promptly update the information you provide to keep it accurate, truthful, current, and complete.
- c. Refrain from impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
3.2 Account Security and Confidentiality
a. Sole Responsibility
You are solely responsible for maintaining the confidentiality and security of your account credentials. This includes:
- i. Traditional Credentials: For accounts registered via email and password, you are responsible for safeguarding your login credentials.
- ii. Social Login Credentials: For accounts registered via Google, Microsoft, Apple, or any other social login provider (“Social Login Provider”), you are responsible for the security of your credentials with that Social Login Provider. UURETO INC. does not have access to, nor does it store, your passwords for these Social Login Providers.
b. API Key Management and Storage
- i. Requirement for API Keys: You acknowledge that Kwigly requires you to provide your own API keys from supported LLM providers to access and utilize the underlying AI models.
- ii. Provider Storage of API Keys: To facilitate your use of the Service, UURETO INC. will securely store the API keys you provide. These keys are transmitted and stored using industry-standard encryption protocols and security best practices. However, you understand that no method of transmission over the internet or method of electronic storage is 100% secure.
- iii. User Responsibility for API Keys: Notwithstanding UURETO INC.’s
secure storage, you remain ultimately responsible for the security and
management of your API keys. This includes:
- Ensuring you obtain API keys directly from the respective LLM providers.
- Understanding and complying with the terms of service and security requirements of those LLM providers regarding your API keys.
- Securing your account credentials with UURETO INC. (as per Section 3.2.a) to prevent unauthorized access to your stored API keys within Kwigly.
- Monitoring your usage and billing with LLM providers for any unauthorized activity.
- iv. UURETO INC.’s Limited Liability Regarding API Keys: While UURETO INC.
employs commercially reasonable security measures to protect the API keys you
provide, UURETO INC. shall not be liable for any loss, compromise,
unauthorized access, disclosure, or use of your API keys that results from:
- Your failure to maintain the security of your UURETO INC. account credentials.
- Your failure to comply with the security requirements of the LLM providers.
- Any unauthorized access or actions by third parties that are beyond UURETO INC.’s reasonable control, even with security measures in place.
- Any breach of security that is not attributable to UURETO INC.’s gross negligence or willful misconduct.
- v. No Resale or Sharing: UURETO INC. will not resell, share, or otherwise distribute your API keys to any third party, except as may be required by law, court order, or to fulfill its obligations to provide the Service.
3.3 Social Login Provider Terms
By using a Social Login Provider to access Kwigly, you agree to be bound by the terms of service, privacy policies, and other legal agreements of that specific Social Login Provider. You acknowledge that your use of the Social Login Provider is governed by their terms, not ours, and UURETO INC. is not responsible for the actions, omissions, or data handling practices of any Social Login Provider.
3.4 Monitoring and Enforcement
UURETO INC. reserves the right, but not the obligation, to monitor your account activity, including your use of the Service, your interactions with third-party LLM providers, and your authentication methods, to ensure compliance with these Terms and for security purposes.
3.5 Suspension and Termination
a. Provider’s Right to Suspend or Terminate
UURETO INC. reserves the right, in its sole discretion, to suspend or terminate your access to and use of the Service, or any portion thereof, immediately and without prior notice or liability, for any reason whatsoever, including but not limited to:
- i. Your breach or violation of any provision of these Terms.
- ii. Your violation of any applicable Third-Party Terms (including those of LLM providers or Social Login Providers).
- iii. Your engagement in conduct that UURETO INC., in its sole discretion, deems inappropriate, offensive, or harmful.
- iv. If your account with a Social Login Provider is suspended or terminated, or if UURETO INC. is unable to verify your identity through the Social Login Provider.
- v. Extended periods of inactivity, as determined by UURETO INC.
- vi. If required to do so by law or by a governmental or regulatory authority.
b. Effect of Termination
Upon termination of your access to the Service for any reason, your right to use the Service will immediately cease. All licenses granted to you under these Terms will terminate. You acknowledge that UURETO INC. will not be liable to you or any third party for any termination of your access to the Service.
c. Data Retention
Upon termination, UURETO INC. may retain certain data associated with your account as required by law or for legitimate business purposes, subject to our Privacy Policy. However, we do not guarantee the retention of any user-generated content or interaction history. Please refer to our Privacy Policy for details on data handling.
4. User Obligations and Acceptable Use Policy (AUP)
4.1 General User Obligations:
As a condition of your access to and use of the Service, you agree to comply with all applicable laws, regulations, and these Terms. You are solely responsible for your conduct and any data, text, information, usernames, graphics, images, profiles, audio and video clips, links (collectively, “Content”) that you submit, post, or display on or through the Service.
4.2 Prohibited Activities:
You agree NOT to engage in, or facilitate or permit others to engage in, any of the following activities:
- a. Illegal or Harmful Activities: Using the Service for any purpose that is unlawful, fraudulent, deceptive, or in violation of any applicable local, state, national, or international law or regulation. This includes, but is not limited to, activities related to fraud, theft, money laundering, or any form of illegal trade.
- b. Infringement of Rights: Uploading, posting, transmitting, or otherwise making available any Content that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or any other proprietary or intellectual property right of any third party.
- c. Harassment and Abuse: Using the Service to harass, abuse, insult, harm, defame, slander, disparage, threaten, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or to promote hate speech.
- d. Misrepresentation and Impersonation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- e. Malicious Code and Interference: Uploading, posting, or transmitting any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. This includes attempting to gain unauthorized access to the Service, its related systems, or networks.
- f. Unauthorized Access and Data Mining: Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code of the Service or any part thereof. Engaging in any form of automated data collection, scraping, or extraction from the Service without our express written consent.
- g. Disruption of Service: Engaging in any activity that interferes with or disrupts the operation of the Service, its servers, or networks connected to the Service, including by means of hacking, introducing viruses, or over-burdening systems.
- h. Unsolicited Communications: Using the Service to send unsolicited communications, promotions, or advertisements, including spam.
- i. Exploitation of Vulnerabilities: Exploiting any vulnerabilities in the Service or its underlying LLM integrations for any purpose, including to generate prohibited content or gain unauthorized access.
4.3 Content Responsibility and Third-Party Terms Compliance:
- a. User-Generated Content: You are solely responsible for any Content you input into the Service (your prompts) and for any Content generated by Third-Party LLM Providers based on your prompts that you subsequently use, distribute, or rely upon. UURETO INC. does not pre-screen, review, or endorse any Content submitted or generated through the Service.
- b. Mandatory Compliance with Third-Party Terms: You expressly agree to strictly adhere to and comply with all applicable Third-Party Terms of service, privacy policies, and usage guidelines of the LLM providers you interact with through Kwigly. This includes, but is not limited to, their policies regarding prohibited content, intellectual property, and data usage. Your failure to comply with any Third-Party Terms constitutes a violation of these Terms.
- c. No Responsibility for LLM Output: UURETO INC. is not responsible for the accuracy, reliability, completeness, legality, or ethical implications of any Content generated by Third-Party LLM Providers. You acknowledge that LLM outputs may contain errors, biases, or offensive material, and you use such outputs at your own risk.
4.4 Intellectual Property:
You agree not to use the Service in a manner that would infringe upon the intellectual property rights of UURETO INC. or any third party. You represent and warrant that you have all necessary rights to any Content you input into the Service.
4.5 UURETO INC.’s Rights:
- a. Monitoring and Investigation: UURETO INC. reserves the right, but has no obligation, to monitor your access to and use of the Service, and to investigate any suspected violations of these Terms or applicable laws.
- b. Content Removal and Action: UURETO INC. reserves the right, in its sole discretion, to remove any Content, suspend or terminate your account, and/or take any other action it deems necessary to enforce these Terms and protect its interests and the integrity of the Service, without prior notice. This includes, but is not limited to, blocking access to specific LLM providers or features if their use is associated with violations.
4.6 Indemnification:
You agree to indemnify, defend, and hold harmless UURETO INC., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:
- (i) your violation of any provision of these Terms, including the AUP;
- (ii) your violation of any Third-Party Terms;
- (iii) your violation of any applicable laws or regulations;
- (iv) your Content; or
- (v) your use of the Service in any manner not expressly permitted by these Terms.
5. Intellectual Property Rights
5.1 Ownership of the Service:
The Kwigly Service, including all its features, functionality, design, graphics, user interface, software, underlying technology, source code, object code, and all intellectual property rights therein and thereto, are and will remain the exclusive property of UURETO INC. and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws of Canada and foreign countries. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial use, in accordance with these Terms. No part of the Service may be reproduced, modified, distributed, displayed, performed, or otherwise exploited in any way without the prior written consent of UURETO INC.
5.2 User Content and Feedback:
- a. User Input (Prompts): UURETO INC. claims no ownership over the prompts or other data you input into the Service. You retain ownership of your original prompts.
- b. LLM-Generated Output: UURETO INC. claims no ownership over the output generated by third-party LLM providers accessed through the Service. You acknowledge that the ownership and usage rights of such output are governed by the terms and policies of the respective Third-Party LLM Providers. You are solely responsible for ensuring compliance with those terms when using or distributing LLM-generated output.
- c. Feedback: If you provide UURETO INC. with any feedback, suggestions, ideas, or other input concerning the Service (“Feedback”), you hereby grant UURETO INC. a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display such Feedback for any purpose, without any obligation to compensate you or attribute the Feedback to you.
6. Third-Party Services and APIs
6.1 Dependence on Third-Party Providers:
You acknowledge and agree that the functionality and availability of the Kwigly Service are inherently dependent upon the services, APIs, and infrastructure provided by third-party LLM providers (such as OpenAI, Anthropic, Google, etc.) and potentially other third-party service providers. UURETO INC. is merely an intermediary facilitating your access to these external services.
6.2 No Control or Liability for Third Parties:
UURETO INC. has no control over, and assumes no liability for, the services, content, data privacy practices, terms of service, or any other aspect of the Third-Party LLM Providers or any other third-party services integrated with or accessed through Kwigly. Your interactions with these third parties are solely at your own risk, and you agree to be bound by their respective terms and policies.
6.3 Changes or Discontinuation by Third Parties:
UURETO INC. shall not be liable for any inability to access or use the Service, or any degradation in performance, resulting from any changes, limitations, suspensions, discontinuations, or unavailability of services provided by any Third-Party LLM Provider or other third-party service.
6.4 API Token Requirement and Cost Management:
You understand and agree that to utilize the LLM functionalities of Kwigly, you are required to provide and manage your own valid API tokens from the respective Third-Party LLM Providers. UURETO INC. does not provide, resell, or manage these API tokens on your behalf.
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a. Sole Responsibility for All Costs: You acknowledge and agree that you are solely and exclusively responsible for all costs, fees, and expenses incurred in connection with your use of the Third-Party LLM Providers through the Kwigly Service. This includes, but is not limited to:
- i. Initial Setup and Context: Any costs associated with setting up initial prompts, context windows, or system messages, which consume API tokens and incur charges from the LLM providers.
- ii. Prompting and Interaction: Costs incurred from sending prompts to and receiving responses from LLM models, including those for lengthy or complex interactions.
- iii. Advanced Features: Expenses related to utilizing advanced features such as web searches, function calling, or other integrated capabilities that consume API tokens or incur additional service fees from third parties.
- iv. Model Selection: Costs associated with choosing specific LLM models, some of which may be more expensive per token than others.
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b. No Spend Limits or Cost Guarantees: Kwigly does not currently provide any built-in spend limit controls or guarantees regarding the cost of your usage of Third-Party LLM Providers. You are solely responsible for monitoring your API token usage and associated expenditures directly with your chosen LLM providers.
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c. User Duty to Monitor LLM Provider Accounts: It is your affirmative duty to regularly monitor your account(s) with each Third-Party LLM Provider to track your consumption of API tokens, review your billing statements, and manage your spending. You should familiarize yourself with the pricing structures and usage policies of all LLM providers you utilize through Kwigly.
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d. No Liability for Unexpected Costs: UURETO INC. shall have no liability whatsoever for any unexpected, excessive, or disputed costs incurred by you with any Third-Party LLM Provider, regardless of the cause, including but not limited to user error, complex prompt engineering, intensive usage patterns, or the choice of expensive LLM models.
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e. Third-Party Provider Terms Prevail: All costs and billing are managed directly by the Third-Party LLM Providers. You must refer to their respective terms of service and pricing schedules for detailed information regarding costs and billing practices.
7. Payment Terms
7.1 Current Service Offering:
As of the effective date of these Terms, the Kwigly Service is provided to you free of charge. UURETO INC. makes no representations or warranties regarding the continued availability of a free tier or the features included therein.
7.2 Future Paid Tiers and Subscriptions:
UURETO INC. reserves the right to introduce paid subscription plans, tiered features, or other monetization models for the Service, or parts thereof, at any time. If and when such paid services are introduced:
- a. Pricing and Billing: You will be required to agree to specific payment terms, including applicable fees, billing cycles, and payment methods, which will be provided at the time of subscription. All fees are non-refundable except as expressly stated in our refund policy (if any).
- b. Payment Information: You agree to provide accurate and complete payment information and authorize UURETO INC. to charge your selected payment method for all applicable fees.
- c. Changes to Pricing: UURETO INC. reserves the right to change the pricing for paid services upon providing reasonable notice to affected users.
- d. Failure to Pay: Failure to pay applicable fees may result in the suspension or termination of your access to paid features or the Service.
7.3 Taxes:
All fees payable by you are exclusive of applicable taxes, duties, levies, or similar governmental charges. You are responsible for paying any such taxes associated with your use of the Service.