Terms and conditions
This document contains the terms and conditions that will govern the relationship between Kontent Room LLC. (“KR”) with the users of its services. These terms and conditions establish the legal conditions of KR's relationship with its users.
TERMS OF USE
These terms (the “T&C”) establish a binding legal relationship between you and Kontent Room LLC. (“KR” or “Kontent Room”) and govern your access to the services provided by KR, whether for itself or for third parties (the “Services”).
By accessing the Services offered by Kontent Room, it is understood that the user (hereinafter the “User”) has read and accepted these T&C. Therefore, the User must carefully read the content of these T&C before using the Services. Anyone who does not agree with these T&C has the full right not to use the Services. It is possible that, by virtue of the Services, Kontent Room may have access to user information. For details on how we collect, use, share, and process your information, please review our Privacy Policy. Users under the age of eighteen (18) years (or the age of majority in their place of residence) may only use the Services under the supervision of a parent or legal guardian who has read and accepted these T&C. Parents or legal guardians of a minor are fully responsible for the behavior of this User in relation to our Services. By using our Services, you guarantee that you have the legal capacity and authority to accept these T&C and to represent a third party, taking responsibility for your actions before Kontent Room and the use of the Services.
For the purposes of these T&C, the term "AI systems" refers to a machine designed to operate with different levels of autonomy, capable of adapting and generating results such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. This definition, adopted in accordance with OECD guidelines, facilitates international convergence in understanding the use of AI.
WHO WE ARE AND WHAT WE DO
We are KR, and we create personalized content with exponential reach through the platforms Virtualcreators.ai, Bellennials.com, Centennialz.com, Moviendonegocios.com, and Contenidodeportivo.com. We also create content for our clients and develop tools for our clients to interact with the public through innovative platforms. These T&C apply to all KR Services that have not been formalized through other agreements, even if the Service is provided on third-party platforms and uses AI systems.
WHAT ARE THE CONDITIONS OF USE OF THE SERVICES?
The User agrees to use the Services legally and ethically, and not to perform the following activities:
- Use the Services for illegal, fraudulent, or unauthorized purposes.
- Interfere with the operation of the Services.
- Access or attempt to access other Users' Accounts without authorization.
- Post or transmit content that is offensive, defamatory, obscene, illegal, or that infringes the rights of third parties.
The User is solely responsible for the content and/or information that they may share with Kontent Room when using the Services, including all information they attempt to post, transmit, or share through the use of the Services. The User guarantees that they possess all the rights, permissions, licenses, and other necessary requirements to use the information provided and that the information provided does not violate any law and complies with the provisions established in these T&C.
The User agrees to respect the intellectual property rights of Kontent Room and third parties concerning content and Services. Unauthorized reproduction, distribution, modification, or exploitation of any content protected by intellectual property rights is prohibited without the prior written consent of Kontent Room or its respective owners.
WHAT IS THE SCOPE OF THE SERVICES?
The Services provided by KR may be provided for KR directly or for third parties on any of the Platforms.
WHAT ABOUT SERVICES THAT USE AI SYSTEMS?
When accessing Services that incorporate AI systems, it is possible that the User may provide texts, documents, or other materials for processing (“Prompts”). The Services that incorporate AI systems may generate responses based on the Prompts (referred to as “Outputs”) (the Prompts and Outputs will be referred to as the “Content”).
The User is fully responsible for the Prompts they use in the AI systems. By doing so, they declare and guarantee that they have all the necessary rights, licenses, and permissions to allow KR to process the Prompts. The User retains all rights to the Prompts they submit to KR's AI systems, and KR grants the User ownership of the rights to the Outputs. However, the User grants KR an irrevocable, perpetual, and unlimited warranty on the Outputs for KR to use them to improve the Services and generally without any limitation. Kontent Room will not be responsible for any damage arising from the use of AI systems, including, but not limited to, errors in the Outputs, service interruptions, or data loss. The User acknowledges that AI systems may not be infallible and that their use is at their own risk. The User agrees to use the AI systems appropriately and in compliance with these T&C. The use of these tools for illegal, fraudulent purposes, or that violate the rights of third parties is prohibited. Kontent Room reserves the right to block access to AI systems to any User who violates these terms.
HOW IS INTELLECTUAL PROPERTY REGULATED?
All intellectual property rights over the material, developments, including, but not limited to, software, algorithms, source codes, interfaces, graphic designs, and any other creation made by Kontent Room in the course of providing the Services, are and will remain the exclusive property of Kontent Room.
Content and registered trademarks
All material including texts, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, as well as all registered trademarks and trade names used in connection with the Services, are the exclusive property of Kontent Room or its licensors and are protected by intellectual property laws.
License of use
Unless expressly stated in these T&C or in a separate agreement, no content or material from the Services developed by KR may be copied, reproduced, modified, republished, uploaded, transmitted, distributed, or used in any way without the prior written consent of Kontent Room.
HOW WILL MY PERSONAL DATA PROTECTION BE HANDLED?
Kontent Room may collect and use the User's personal data in accordance with its Privacy Policy. By using the Services, the User agrees to the collection and use of their personal data as set forth in said policy. The User has the right to access, rectify, and delete their personal data, as well as to object to its processing, as established by applicable legislation.
HOW WILL LIABILITY BE LIMITED IN THE CONTEXT OF THE SERVICES?
KONTENT ROOM AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS WILL NOT BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, EVEN IF KONTENT ROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KONTENT ROOM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. KONTENT ROOM WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTION, DELAY, OR FAILURE IN THE PROVISION OF THE SERVICES DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, INTERRUPTIONS IN COMMUNICATION NETWORKS, OR MALICIOUS ACTIONS OF THIRD PARTIES.
THE USER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES INVOLVES CERTAIN RISKS, INCLUDING THE POSSIBLE LOSS OF DATA OR UNAUTHORIZED ACCESS TO THE USER'S DATA. IT IS THE USER'S RESPONSIBILITY TO IMPLEMENT ADEQUATE SECURITY MEASURES AND REGULARLY BACK UP THEIR DATA TO MITIGATE THESE RISKS.
EXCEPT AS EXPRESSLY PROVIDED IN THESE T&C, KONTENT ROOM DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Services may use third-party services, content, or integrations. Kontent Room does not control or assume any responsibility for any loss or damage that may result from the use of such third-party content, services, or integrations. KR does not provide any warranty regarding the quality, accuracy, or reliability of these contents, services, or integrations. The use of any third-party content, service, or integration is subject to the terms, conditions, and policies (including privacy policies) applicable to such contents, services, or integrations provided by third parties. Kontent Room will not be responsible for the accuracy, availability, or legality of third-party content, services, or integrations.
WHAT IS THE APPLICABLE LAW AND HOW WILL DISPUTES WITH KR BE RESOLVED?
The User irrevocably agrees that any dispute, claim, or difference arising in connection with these T&C or the provision of the Services will be resolved through a direct settlement mechanism between the parties, which must be carried out within a period not exceeding thirty (30) calendar days from the notification of the dispute. If an amicable resolution is not reached within the stipulated period, the parties agree to submit to the exclusive jurisdiction and competence of the courts of the State of Florida, United States of America. The User expressly waives any other jurisdiction that may correspond to them by reason of their domicile, nationality, or any other cause. This choice of forum is binding and will apply to all disputes, without prejudice to the rules of private international law that may apply. The parties expressly waive any objection to such jurisdiction and agree to be prosecuted in such courts. Any provision of these T&C that is declared invalid or unenforceable will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. Failure by any party to exercise or enforce any right or provision of these T&C will not constitute a waiver of such right or provision. These T&C constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior agreements, understandings, or communications, whether written or oral.
AMENDMENTS TO THE TERMS AND CONDITIONS
Kontent Room reserves the right to modify these T&C at any time. Any changes will be effective immediately upon posting on our website. The User is responsible for regularly reviewing these T&C to stay informed of any changes. Continued use of the Services after the posting of changes constitutes acceptance of those changes.
CONTACT INFORMATION
For any questions, concerns, or comments regarding these T&C or the Services, the User can contact us via email at hello@kontentroom.com. This document was updated on August 1, 2024.