Kimogino AI Tool Terms of Use

These AI Tool Terms of Use ("AI Terms") apply when you use artificial-intelligence features provided through Kimogino ("Kimogino", "we", "us" or "our"), including tools that generate artwork, suggest creative ideas, convert speech to text, translate text, or otherwise help create or customize designs ("AI Tools").

These AI Terms form part of our Terms of Service and should be read together with our Privacy Policy and applicable Content and Intellectual Property Policies.

If these AI Terms conflict with our Terms of Service specifically in relation to the AI Tools, these AI Terms apply to that use.

1. Who may use the AI Tools

Kimogino is designed for adults, including parents and guardians who want to create artwork and personalized products with or for children.

You must be at least 18 years old, or the age of legal majority where you live, to create an account, submit content independently, accept these Terms or place an order through Kimogino.

Children may participate in the creative process under the supervision of a parent or guardian, but should not independently create an account, place an order or submit personal information to Kimogino.

If you provide a child's name, image, voice recording or other personal information, you confirm that you are the child's parent or legal guardian, or otherwise have the necessary legal authority and permission to provide that information for the requested purpose.

2. What the AI Tools do

Kimogino uses artificial-intelligence technologies supplied by third-party providers ("AI Providers").

Depending on the feature you use, AI Tools may:

• generate artwork from written or spoken ideas;
• use an uploaded reference image to help create artwork;
• suggest or improve prompts and creative ideas;
• convert speech into text;
• translate text;
• modify or transform an existing design; or
• provide other AI-assisted creative features.

Kimogino does not build or control the underlying third-party AI models. Their capabilities, restrictions and availability may change over time.

We may add, replace or remove AI Providers or AI features where reasonably necessary to operate, improve or protect the service.

3. Inputs and Outputs

Information or content you provide to an AI Tool is referred to as an "Input".

Inputs may include, for example:

• prompts and descriptions;
• optional names or age information;
• voice input;
• uploaded reference images;
• existing artwork; and
• other information you choose to provide.

Content generated or transformed by an AI Tool is referred to as an "Output".

Please provide only the personal information reasonably necessary to create your design. Do not include sensitive, confidential or unnecessary personal information in prompts.

Where possible, Kimogino seeks to minimize the amount of personal information transmitted to AI Providers.

4. Children's information and reference images

Kimogino is built around parent or guardian control.

If you upload an image or other information relating to a child, you confirm that you have the necessary authority and permission to do so.

You must not upload an image of another person's child, or personal information relating to another child, unless you have the legal right and necessary permission to use it.

Reference images are processed for the purpose of fulfilling the requested AI function. Kimogino does not intentionally retain reference images in its customer database longer than necessary for that purpose unless retention is required to provide a feature you request, maintain security, prevent abuse, resolve technical issues or comply with applicable law.

Our AI, hosting and infrastructure providers may temporarily process or retain information according to our agreements with them and applicable law.

More information about personal-data processing, retention, international transfers and your privacy rights is provided in our Privacy Policy.

5. How Inputs are processed

To provide an AI Tool, Kimogino may transmit some or all of the relevant Input to an AI Provider.

You grant Kimogino and the service providers acting on our behalf the limited rights necessary to host, transmit, reproduce, process, modify and otherwise use your Inputs and Outputs solely as reasonably necessary to provide, secure and operate the requested service and fulfil your order.

This permission does not transfer ownership of your Input to Kimogino.

Where our arrangements and provider settings permit, Kimogino seeks to use business or API services under which customer Inputs and Outputs are not used to train general-purpose AI models.

Kimogino does not use children's reference photographs to train its own AI models.

Details about the providers we use and how personal information is handled are available in our Privacy Policy or current service-provider information.

6. Your rights to Outputs

As between you and Kimogino, and to the extent permitted by applicable law and the terms applicable to the underlying AI services, Kimogino does not claim ownership of an Output generated specifically for you.

You may use your Output for personal or commercial purposes, including printing it on products, subject to these AI Terms, our other applicable policies, applicable law and third-party rights.

However, AI-generated content may not qualify for copyright or other intellectual-property protection in every country.

Kimogino does not guarantee that:

• an Output is protected by copyright;
• you will obtain exclusive rights to an Output;
• an Output is unique;
• similar or identical content will not be generated for another user; or
• an Output is free from third-party intellectual-property or other rights.

Human-created additions or modifications to an Output may have different legal protection depending on applicable law.

7. Your rights and responsibilities regarding Inputs

You retain any rights you already have in your Inputs.

By uploading or submitting an Input, you represent that you own the Input or have all rights, licences, permissions and consents reasonably necessary for Kimogino and its providers to process it for the requested purpose.

You must have the necessary rights or permissions before uploading:

• photographs;
• artwork;
• logos;
• trademarks;
• copyrighted characters;
• names;
• likenesses;
• photographs of other people; or
• other protected material.

You must not upload or request content that infringes another person's copyright, trademark, privacy, publicity or other legal rights.

8. Prohibited uses

You must not use Kimogino's AI Tools to create, upload, request or distribute content that:

• is unlawful;
• sexually exploits, sexualizes or endangers children;
• contains child sexual abuse material or related content;
• promotes hatred, violent extremism or unlawful discrimination;
• contains graphic or gratuitous violence inappropriate for our service;
• facilitates fraud, deception, impersonation or counterfeiting;
• unlawfully uses another person's identity, image or likeness;
• infringes intellectual-property rights;
• is intended to mislead people about a real event or person;
• circumvents our safety systems;
• probes, attacks or attempts to discover vulnerabilities in our systems;
• uses the AI Tools for unauthorized bulk or automated generation; or
• otherwise violates our Terms, Content Policy, applicable law or restrictions communicated through Kimogino.

Additional content restrictions may apply because Kimogino is intended to provide a family-friendly creative environment.

9. Safety systems and our right to refuse content

Kimogino uses automated and, where appropriate, manual safeguards designed to reduce inappropriate, unsafe or unlawful content.

No automated safety system is perfect.

Kimogino may block a prompt, refuse generation, prevent printing, cancel or refund an affected order, remove content, limit access or suspend an account where we reasonably believe content or activity:

• violates these AI Terms or another Kimogino policy;
• violates applicable law;
• infringes or may infringe third-party rights;
• creates a safety or security risk; or
• conflicts with restrictions applicable to our AI or fulfilment services.

Safety systems may occasionally block legitimate content by mistake.

10. Review your artwork before ordering

AI systems can produce unexpected, inaccurate or inappropriate results.

You are responsible for reviewing and approving your final artwork before ordering a printed product or sharing an Output.

In particular, please check names, text, spelling, physical features, symbols, logos and other details carefully.

Approval of an Output does not mean that Kimogino has verified that the Output is legally available for your intended use.

11. Intellectual-property risks

AI-generated Outputs may unintentionally resemble existing artwork, characters, trademarks, designs or other protected material.

You should not assume that an Output is legally safe for commercial use merely because an AI Tool generated it.

You are responsible for ensuring that your intended use of an Output does not violate third-party rights where applicable.

Kimogino may refuse to generate or print content that we reasonably believe may infringe another person's intellectual-property rights.

Rights holders may report suspected infringement using the contact information provided in our Intellectual Property Policy.

12. AI-generated content transparency

Kimogino clearly identifies its creative tools as AI-powered.

Outputs may contain metadata, credentials, watermarks or other technical indicators identifying them as AI-generated where required by law or implemented by our AI Providers.

You must not intentionally remove, manipulate or circumvent such indicators where doing so would violate applicable law.

You must not use Kimogino Outputs to deceive others into believing that synthetic content depicts a real event, statement or person where doing so would be unlawful or materially misleading.

13. Third-party AI Providers

Kimogino relies on third-party AI and technology providers to provide certain features.

These providers may include companies such as Google and OpenAI.

Provider technologies and policies may affect what content can be processed or generated. Kimogino may therefore block requests that conflict with applicable provider restrictions.

We may change providers as our technology develops.

Current information about significant AI and service providers and their purposes may be made available through our Privacy Policy or service-provider information.

14. Printed products and fulfilment providers

Kimogino uses third-party fulfilment providers, which may include Printful and other manufacturing or logistics partners, to manufacture and ship personalized products.

Unless expressly stated otherwise during checkout, your purchase contract is with Kimogino.

Fulfilment providers may apply their own production, safety and intellectual-property requirements to artwork submitted for manufacture and may refuse to manufacture content that violates those requirements.

Kimogino may use alternative fulfilment providers where reasonably necessary to fulfil an order.

The manufacture, shipping, returns, refunds and cancellation of physical products are governed by our applicable Terms of Service, Shipping Policy and Returns and Refund Policy.

15. AI Tools are provided without guaranteed results

AI technology is probabilistic and experimental by nature.

Outputs may contain mistakes, unexpected elements, distortions, incorrect text or other imperfections.

Kimogino does not guarantee that:

• every prompt will produce an Output;
• an Output will exactly match your request;
• the AI Tools will always be available or uninterrupted;
• every error will be corrected;
• an Output will be unique;
• an Output will be suitable for every intended purpose; or
• an Output will be free from third-party rights.

Nothing in this section excludes warranties, guarantees or consumer rights that cannot legally be excluded.

16. Limitation of liability

Nothing in these AI Terms excludes or limits liability, statutory guarantees, remedies or consumer rights that cannot lawfully be excluded or limited.

Subject to those mandatory rights, and to the maximum extent permitted by applicable law, Kimogino is not liable for indirect or consequential losses that were not reasonably foreseeable when you used the AI Tools.

Where applicable law permits a contractual limitation of liability, Kimogino's liability relating specifically to an affected AI generation or product will be limited as stated in our Terms of Service.

Any limitation in these AI Terms applies only to the extent permitted by the law applicable to you.

17. Responsibility for violations

You are responsible for your unlawful or unauthorized use of the AI Tools and for content you knowingly or negligently submit without the necessary rights or permissions.

To the extent permitted by applicable law, you may be responsible for losses reasonably incurred by Kimogino as a direct result of your intentional or negligent breach of these AI Terms, infringement of third-party rights through content you provided, or unlawful use of the AI Tools.

Nothing in this section limits mandatory consumer protections.

18. Privacy and data protection

Kimogino processes personal information in accordance with our Privacy Policy and applicable data-protection laws.

Depending on where you live, you may have rights relating to your personal information, including rights of access, correction, deletion, restriction, objection or portability.

These AI Terms do not limit any data-protection rights available to you under applicable law.

Because Kimogino uses service providers operating internationally, personal information may in some circumstances be processed outside your country. Where required, Kimogino uses appropriate legal safeguards for such transfers as described in our Privacy Policy.

19. Local consumer rights

Kimogino serves customers in multiple countries.

Nothing in these AI Terms excludes, restricts or modifies any consumer right, remedy or protection that cannot lawfully be excluded or restricted.

If you are a consumer, you may have mandatory rights under the laws of your country, state or province of residence. Those rights remain unaffected by these AI Terms.

If a provision of these AI Terms conflicts with a mandatory consumer-protection law applicable to you, the mandatory law applies to the extent of that conflict.

20. Changes to these AI Terms

AI technology and the laws governing it develop rapidly.

We may update these AI Terms when reasonably necessary to reflect changes to our AI Tools, providers, safety systems, business operations or legal obligations.

Where required by law, we will provide appropriate notice of material changes.

The date at the top of these AI Terms shows when they were last updated.

21. Governing law

These AI Terms are governed by Norwegian law, unless mandatory law requires otherwise.

If you are a consumer, this choice of law does not deprive you of mandatory consumer protections available under applicable law in your country, state or province of residence.

Any dispute-resolution provisions contained in our Terms of Service also apply to these AI Terms, subject to mandatory rights available to consumers.

22. Contact

Questions about these AI Terms, AI safety or the use of AI through Kimogino can be sent to:

Kimogino
Email: Kimogino.ai@gmail.com

Privacy requests should be submitted using the contact method identified in our Privacy Policy.

Intellectual-property complaints should be submitted according to our Intellectual Property Policy.