Terms of Service

PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY. BY ACCESSING OR USING THIS APP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.

This Agreement is a legal contract between you ("User," "you," or "your") and Free Summer ("Company," "we," "us," or "our") for the use of the Kitnex mobile application and all related services, features, and content (collectively, the "App" or "Service").

If you do not agree to all of the terms and conditions in this Agreement, you may not access or use the App.

We reserve the right to change or modify this Agreement at any time and in our sole discretion. We will provide notice of such changes by updating the "Effective Date" at the beginning of this Agreement. Your continued use of the App following the posting of changes will constitute your acceptance of such changes.

User Account

• Although you are not required to create a user account to use the Service, we may internally assign you an ID to provide you with continuous service, and you will not be identified from such ID.
• You may be required to provide the minimum information needed to realize the basic functions of the Service, such as operating system, unique device identifier, login IP address, software version, connection method and type of network, device accelerator (such as gravity sensing device), operation log and album access permissions. For more details about how we collect and use your personal information, please refer to the Privacy Policy. If you fail to maintain accurate, complete, and up-to-date information, you may unable to use partial services.
• You shall responsible for all activities that occur through your ID whether or not authorized by you, including without limitation any purchases. If you become aware of any theft or unauthorized use of our applications on your device, you shall contact us immediately to avoid any further losses.
• If you sign this Terms on behalf of enterprise, you shall guarantee that you have obtained full authorization from the enterprise and have the right to act on behalf of the enterprise, and your actions are binding on the enterprise you represent.
• Your use of the Service is governed by this Terms and Privacy Policy and other relevant policies. PLEASE NOTE that violation of any of the rules above, may result in suspension and/or termination of the licenses under this Terms.

Description of the Service

The Service is an online offering that allows Users to generate customized logos and other design assets ("Generated Content") using tools and artificial intelligence models provided by the Company. You agree that the Company is responsible only for providing the Service as described in this Agreement.

License to Use the App

• Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal or commercial purposes on a compatible device that you own or control, as permitted by the usage rules set forth in the Apple App Store Terms and Conditions.
• We reserve all rights, including but not limited to all intellectual property rights and other proprietary rights to and relating to the Service. You SHALL NOT copy, redistribute, publish, create any derivative work from, or otherwise exploit any content of our applications without our prior written consent.
• We are constantly developing new technologies and features to improve our services. If we make material changes that negatively impact your use of our services or if we stop offering a service, we will provide you with reasonable advance notice, but we WILL NOT compensate you for any losses arising out of such changes or termination.
• If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we will take appropriate action. For example, we may suspend or close the services of repeat copyright infringers.
• You SHALL NOT post feedback on Apple App Store or any social media platform in a manner which is false or misleading.
• You SHALL NOT use the Service in any way that may violate applicable laws, regulations or policies of relevant jurisdictions.

Subscriptions and Payments

In-App Purchases & Subscriptions. Certain features of the App may be available only through a one-time in-app purchase or an auto-renewing subscription. All payments are processed through Apple's App Store and are governed by the App Store's terms and conditions.

Auto-Renewal. Subscriptions will automatically renew for the same duration as the original subscription period unless you cancel it at least 24 hours before the end of the current period. You can manage and cancel your subscriptions at any time through your Apple ID account settings.

Refunds. All refund requests are handled by Apple and are subject to Apple's App Store refund policies.

If you have any questions regarding your payment, you shall either contact us or contact the corresponding Store within 48 hours after the payment made.

PLEASE NOTE THAT, we reserve the right to request for additional fees arising from any damage caused by your use of the Service.

Intellectual Property Rights

This section governs the ownership and use of content within the App.

Ownership of the App. All rights, title, and interest in and to the App itself, including its source code, user interface, text, graphics, logos, icons, and the underlying technology and AI models, are and will remain the exclusive property of the Company and its licensors. This Agreement does not grant you any rights to use the Kitnex trademarks, logos, or other brand elements without our prior written consent.

Your Content (Inputs). You retain all ownership rights to the text prompts, images, or other content you upload or submit to the Service ("User Input").

Ownership of Generated Content (Outputs). The ownership of the AI-generated logos and designs depends on your user status:

• For Free Users: If you are using a free version of the Service, we grant you a license to use the Generated Content for personal, non-commercial purposes only.
• For Paid/Subscription Users: If you have an active subscription or have paid for premium features, subject to your compliance with this Agreement, you shall own the specific Generated Content you create. You acknowledge that while you own your unique creation, you do not own the underlying individual components or symbols provided by the App.

License Grant to Us. To the extent necessary to provide and improve the Service, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and create derivative works from your User Input and Generated Content. This license is for the limited purposes of:

• Operating, maintaining, and providing the Service to you.
• Improving our Service and training our AI models.
• Using your Generated Content in our advertising and promotional materials (for example, featuring it in our App Store gallery).

Trademark Disclaimer. The Company does not perform trademark searches or verify that your Generated Content is suitable for use as a trademark. You acknowledge that the Company has no obligation to assist you in seeking intellectual property protection, and you are solely responsible for determining if your use of any Generated Content infringes on the rights of any third party. We strongly encourage you to perform your own independent trademark search before using any logo for commercial purposes.

Prohibited Conduct

You agree not to use the App for any purpose that is illegal or prohibited by this Agreement. You shall not:

• Use the App in any way that violates any applicable local, national, or international law.
• Generate content that is unlawful, defamatory, libelous, obscene, pornographic, indecent, harassing, threatening, hateful, or otherwise objectionable.
• Create content that infringes upon the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App.
• Sell, rent, lease, or redistribute the App or any of its underlying components.
• Use any automated system, such as "bots" or "scripts," to access or use the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.

Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach this Agreement. Upon termination, your right to use the App will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT OR SERVICE; AND (IV) WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the App, (ii) your violation of this Agreement, or (iii) your creation and use of Generated Content, including any claim that such use infringes upon the intellectual property rights of a third party.

Governing Law and Dispute Resolution

• Except to the extent that: any applicable additional terms incorporated into this Terms provide differently, or the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), this Terms and any dispute or claim arising out of or in connection with this Terms will be governed by the law of China.
• Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by Shanghai International Economic and Trade Arbitration Commission/ Shanghai International Arbitration Center for arbitration. The seat of the arbitration will be Shanghai. The arbitration proceedings will be conducted in Chinese.

Contact Us

If you have any questions about this Agreement, please contact us at:

Email: free.summer.dev@gmail.com