Terms and Conditions

1. Introduction and Acceptance

Welcome to Kimino Library. These Terms and Conditions ("Terms") govern your access to and use of the Kimino Library website, applications, and services (collectively, the "Service") operated by Asuran Technologies ("we," "us," or "our").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

The Service is not intended for use by anyone under the age of 18. If we learn that a user is under 18, we will terminate their account immediately.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for an extended period.

4. User Content and Uploaded Photos

Our Service allows you to upload photographs and other content ("User Content") that may be used as reference images to generate AI-created storybook characters and illustrations.

4.1 Ownership

You retain all ownership rights to any User Content you upload. We do not claim ownership of your photographs or other materials.

4.2 License Grant

By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Content solely for the purpose of providing the Service to you. This includes:

• Analyzing reference images to generate AI-based character illustrations
• Storing images for the purpose of generating stories and enabling future edits within the Service
• Displaying your content back to you within the Service

We will not sell, share, or use your User Content for purposes other than providing the Service, except as required by law or with your explicit consent.

4.3 Your Representations and Warranties

By uploading User Content, you represent and warrant that:

• You are at least 18 years of age
• You own the User Content or have obtained all necessary rights, licenses, and permissions to upload and grant us the license described above
• The User Content does not infringe any third party's intellectual property rights, privacy rights, or other legal rights
• You have obtained explicit consent from every identifiable person appearing in the photographs
• For photographs containing minors (children under 18), you are the parent or legal guardian of each minor depicted, or you have obtained explicit written consent from their parent or legal guardian
• The User Content does not contain any illegal, harmful, or prohibited content as described in Section 5

4.4 Photos of Minors

We understand that families may wish to create personalized storybooks featuring their children. When uploading photos that include minors:

• You must be the parent, legal guardian, or have explicit written authorization from the parent/legal guardian of any minor depicted
• Photos must be appropriate, non-exploitative, and consistent with how a caring parent would share family photos
• You accept full responsibility for ensuring proper consent and appropriate use

4.5 No Training on User Content

We do not use your User Content to train our artificial intelligence models.

5. Prohibited Content and Conduct

You agree not to upload, create, or use the Service to produce content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of another's privacy
• Contains nudity, sexually explicit material, or sexualized content of any kind
• Depicts, sexualizes, exploits, or harms minors in any way whatsoever
• Promotes violence, discrimination, hatred, or harm against any individual or group
• Infringes any patent, trademark, copyright, or other intellectual property rights
• Contains viruses, malware, or other harmful code
• Impersonates another person or misrepresents your affiliation
• Violates any applicable law, regulation, or third-party rights

We have a zero-tolerance policy for any content that exploits or endangers minors. Violations will result in immediate account termination and may be reported to law enforcement authorities, including the Australian Federal Police and relevant child protection agencies.

6. AI-Generated Content

Our Service uses artificial intelligence to generate storybook content, including text and illustrations based on your inputs and reference images.

6.1 No Guarantee of Accuracy or Likeness

AI-generated content may not accurately represent real persons or match reference images exactly. We make no guarantees regarding:

• The accuracy, quality, or appropriateness of generated content
• Similarity between generated characters and reference photos
• The factual accuracy of generated story text

6.2 Your Responsibility for AI Output

You are responsible for reviewing all AI-generated content before sharing, publishing, or distributing it. We are not liable for any claims arising from your use or distribution of AI-generated content.

6.3 Ownership of Generated Content

Subject to our intellectual property rights in the underlying Service and AI systems, you own the specific storybooks and content generated through your use of the Service.

6.4 Third-Party AI Models

You acknowledge that the Service utilizes third-party artificial intelligence models and agree to abide by their respective Acceptable Use Policies and terms of service.

7. Intellectual Property

The Service, including its design, features, functionality, software, text, graphics, logos, and other content (excluding User Content and AI-generated output owned by users), is owned by Asuran Technologies and protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or its content without our prior written consent.

8. Content Removal and Takedown Requests

We reserve the right to remove any User Content or AI-generated content that violates these Terms or that we deem inappropriate, without prior notice.

If you believe that content on our Service infringes your intellectual property rights or depicts you without consent, please contact us at support@asurantech.com.au with:

• A description of the content and its location on the Service
• Your contact information
• A statement that you have a good faith belief that the use is unauthorized
• Evidence of your rights or identity

We will investigate all valid complaints and take appropriate action, which may include removing content and/or terminating user accounts.

9. Privacy

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

We process uploaded photographs solely for the purpose of providing the Service. We do not use biometric data or facial recognition for identification purposes beyond generating AI illustrations.

10. Payment and Credits

Certain features of the Service require the purchase of credits or payment of fees. All payments are processed through third-party payment providers.

Credits will be refunded to your account balance in the event of a technical failure that prevents the Service from generating content.

Credits are non-refundable except as required by applicable law (including Australian Consumer Law). Unused credits do not expire but may be forfeited if your account is terminated for violation of these Terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. You use the Service at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASURAN TECHNOLOGIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR AUD $100, WHICHEVER IS GREATER.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under Australian Consumer Law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Asuran Technologies and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Any claim that your User Content caused damage to a third party

14. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms
• Conduct that we determine is harmful to other users, us, or third parties
• Extended periods of inactivity (greater than 12 months)
• Requests by law enforcement or government agencies

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, and limitations of liability.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@asurantech.com.au.

16. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have any questions about these Terms or the Service, please contact us at:

Asuran Technologies
Email: support@asurantech.com.au