Terms of Use | Kloutify.ai

1. Acceptance of Terms

By accessing or using Kloutify.ai (the "Platform"), you agree to be bound by these Terms of Use. If you do not agree to these terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you and Kloutify Inc., a Delaware corporation.

2. Intellectual Property Ownership

2.1 IP Generation and Assignment

All intellectual property in the Platform, including the KEII scoring methodology, algorithms and trade secrets, is owned by Kloutify Inc. or its licensors. You receive only the limited right to use the Platform set out in these Terms.

2.2 Third-Party Technology

The Platform may use technology provided by Kloutify Inc.'s licensors, including Planet43 Pte Limited. Those licensors keep their rights in their technology.

2.3 User License Grant

Subject to your compliance with these Terms, Kloutify Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes.

3. Proprietary Technology

The Platform incorporates proprietary LLM KEII (Kloutify Executive Influence Index) scoring methodology. This revolutionary approach measures executive influence in AI systems using a six-dimensional framework with Cross-Model Normalization Protocol.

Users acknowledge that the KEII methodology represents proprietary trade secrets and agree not to reverse engineer, decompile, or attempt to derive the underlying algorithms.

4. User Obligations

4.1 Permitted Use

You may use the Platform solely for lawful business purposes, including executive influence assessment, reputation management, and business intelligence research.

4.2 Prohibited Activities

You agree not to:

Use the Platform for any unlawful purpose or in violation of any applicable regulations
Attempt to gain unauthorized access to any portion of the Platform or related systems
Interfere with or disrupt the integrity or performance of the Platform
Copy, modify, or create derivative works based on the Platform or its proprietary algorithms
Use automated systems to extract data without express written permission
Resell, sublicense, or redistribute Platform access to third parties
Remove or alter any proprietary notices or labels

4.3 Data Accuracy

You are responsible for the accuracy and legality of any data you provide to the Platform. You warrant that you have appropriate rights and consents to submit such data.

5. Subscription and Payment Terms

Access to certain Platform features requires a paid subscription. Subscription fees are billed in advance and are non-refundable except as required by applicable law.

We reserve the right to modify pricing with 30 days notice to existing subscribers. Continued use of the Platform after price changes constitutes acceptance of the new pricing.

6. Data Processing and Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Platform is hosted exclusively on Microsoft Azure infrastructure with dual-region deployment (Azure East US and Azure West Europe for GDPR compliance).

We process data in accordance with the GDPR and other applicable data protection regulations, using security controls aligned with ISO 27001 and NIST CSF 2.0 (ISO 27001 and SOC 2 Type II certification in preparation).

7. Limitation of Liability

7.1 Service Provided "As Is"

THE PLATFORM 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, OR NON-INFRINGEMENT.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KLOUTIFY INC., PLANET43 PTE LIMITED, R3I HOLDINGS PTE LIMITED, OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

7.3 Maximum Liability Cap

Our total liability to you for any claims arising from or related to the Platform shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Kloutify Inc., its licensors, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from: (a) your violation of these Terms; (b) your violation of any third-party rights; or (c) your use or misuse of the Platform.

9. Termination

We reserve the right to suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination, your license to use the Platform immediately ceases.

You may terminate your account at any time by discontinuing use of the Platform and contacting us to close your account.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in Singapore in accordance with the Singapore International Arbitration Centre (SIAC) Rules. The arbitration shall be conducted in English.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting an updated version on the Platform and updating the "Effective Date" above.

Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

12. Entire Agreement

These Terms, together with our Privacy Policy and AI Safety Policy, constitute the entire agreement between you and Kloutify Inc. regarding use of the Platform and supersede all prior agreements and understandings.

13. Contact Information

If you have questions about these Terms of Use, please contact us through the Platform's contact form.

Kloutify Inc.

A Delaware corporation