Terms of Service

Effective Date: Sep 5th, 2024.

THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICE.

BY ACCEPTING THIS AGREEMENT, EITHER BY SUBMITTING A REGISTRATION FORM INDICATING YOUR ACCEPTANCE, CREATING AN ACCOUNT TO THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. "YOU", "YOUR", OR "CUSTOMER" SHALL BE USED INTERCHANGEABLY THROUGHOUT THIS AGREEMENT AND MEAN THE ENTITY YOU REPRESENT IN ACCEPTING THESE TERMS OR, IF THAT DOES NOT APPLY, YOU INDIVIDUALLY.

BY ACCESSING OR USING OUR SERVICES, YOU HEREBY CONSENT TO THE USE OF YOUR DEVICE FOR THE PURPOSE OF DATA SCRAPING. THE DATA COLLECTED THROUGH THIS PROCESS WILL BE SOURCED FROM PUBLICLY AVAILABLE INFORMATION ON THE INTERNET AND WILL UNDERGO A PRIVACY FILTERING LAYER TO ENSURE THE PROTECTION OF PERSONAL INFORMATION. THE FILTERED DATA WILL THEN BE TRANSMITTED TO AND STORED ON A DECENTRALIZED BLOCKCHAIN NETWORK. YOUR CONTINUED USE OF OUR SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THIS PROCESS. YOU SHALL NOT ENGAGE IN ANY ILLEGAL ACTIVITIES, AND ALPHAOS ASSUMES THAT ANY DATA YOU SUBMIT IS PUBLIC DATA.

1. Definitions

1.1. "Acceptable Use Policy" means the AlphaOS policy for appropriate use of the Service.

1.2. "Account User" means an individual authorized by Customer to use the Service.

1.3. "Affiliate" means any entity that controls, is controlled by, or is under common control with the subject entity.

1.4. "Agreement" means these Terms of Service and all terms included in referenced URLs and relevant links.

1.5. "Customer" means the entity you represent in accepting these terms or, if that does not apply, you individually.

1.6. "Customer Data" means electronic data and content submitted by or for Customer.

1.7. "Service" means the AlphaOS AI Terminal Service, including updates and enhancements.

2. Service

2.1. Provision of Service. During the Term, AlphaOS will provide the Service in accordance with this Agreement.

2.2. AlphaOS Responsibilities. During the Term, AlphaOS shall (a) maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data; (b) be responsible for the performance of AlphaOS personnel (including employees and contractors) and their compliance with AlphaOS’s obligations under this Agreement; and (c) make the Service available to Customer in accordance with applicable laws relevant to AlphaOS’s provision of the Service.

3. Use of Service

3.1. Customer Responsibilities. Customer is responsible for all activities conducted under their accounts and compliance with this Agreement. Customer shall (a) use the Service only in accordance with this Agreement, the Documentation, the Acceptable Use Policy, and applicable laws; (b) maintain the confidentiality of Account User logins and passwords; and (c) promptly notify AlphaOS of any breach of security or unauthorized use.

3.2. Usage Restrictions. Customer shall not (a) make the Service available to anyone other than Account Users; (b) sell, resell, or lease the Service; (c) use the Service to store or transmit Malicious Code; (d) interfere with or disrupt the integrity of the Service; or (e) attempt to gain unauthorized access to the Service.

4. Data Handling

4.1. Customer Data. AlphaOS will collect and process data including website browsing records and blockchain signature records.

5. Termination

5.1. Termination by AlphaOS. AlphaOS may terminate the use for breach of this Agreement.

6. Miscellaneous

6.1. Changes to Terms. AlphaOS may update these terms from time to time. Changes will be communicated to Customer in advance.

6.2. Contact Information. For any questions, please contact:

Contact Person: DU MA, CEO

Phone: [phone]

Email: [e-mail]

7. Proprietary Rights and Licenses

7.1. Ownership of the Service. AlphaOS (and its licensors, where applicable) shall own all right, title, and interest in and to the Service, including all modifications, extensions, customizations, scripts, or other derivative works.

7.2. License to Use the AlphaOS Library. AlphaOS grants to Customer a worldwide, limited-term license to make calls to the AlphaOS API and use the AlphaOS Library solely in connection with the Service.

7.3. Ownership of Customer Data. Customer exclusively owns all right, title, and interest in and to all Customer Data and Customer Digital Assets.

8. Confidentiality

8.1. Definition of Confidential Information. "Confidential Information" means all information disclosed by a party to the other party that is designated as confidential or that reasonably should be understood to be confidential.

8.2. Protection of Confidential Information. The Receiving Party will use the same degree of care to protect the Confidential Information of the Disclosing Party as it uses to protect its own Confidential Information.

8.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law.

9. Representations, Warranties, Exclusive Remedies, and Disclaimers

9.1. Mutual Warranties. Each party represents and warrants that it has the legal right and authority to enter into this Agreement.

9.2. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE SERVICE IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

10.1. AlphaOS Indemnification. AlphaOS shall defend, indemnify, and hold Customer harmless from any third-party claim alleging that the Service infringes or misappropriates such third party’s intellectual property rights.

10.2. Customer Indemnification. Customer shall defend, indemnify, and hold AlphaOS harmless from any third-party claim arising from Customer’s use of the Service.

11. Limitation of Liability

11.1. Exclusion of Consequential and Related Damages. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Term and Termination

12.1. Term of Agreement. This Agreement commences on the Effective Date and remains in effect until terminated.

12.2. Termination. A party may terminate this Agreement for cause upon 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period.

13. General Provisions

13.1. Manner of Giving Notice. All notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon personal delivery or the second business day after mailing.

13.2. Modifications. AlphaOS reserves the right to change this Agreement or any policy governing the Service.

13.3. Force Majeure. Each party will be excused from any failure or delay caused by or the result of causes beyond its reasonable control.

13.4. Assignment. AlphaOS may assign its rights or obligations hereunder without your prior written consent.

13.5. Governing Law; Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of Japan. Any dispute, controversy, difference, or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

13.6. Relationship of the Parties. The parties are independent contractors.

13.7. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void.

13.8. Entire Agreement. This Agreement constitutes the entire agreement between KEKKAI. Co., Ltd and you with respect to the subject matter hereof.