This Free-Trial Subscription Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Service (as defined below), and is an agreement between Konolabs Inc.(“Kono,” “we,” “our” or “us”) and you (“you”, “User”). This Agreement takes effect if earlier, when you access or use the Service (the “Effective Date”). By using the Service, you agree to be legally bound by its terms. You represent to Kono that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent that you have legal authority to bind that entity. Capitalized terms not otherwise defined in this Agreement shall have the respective meanings assigned to them in Section 10.

1. Service overview.
Kono provides an AI-powered appointment scheduling service for businesses, through emails exchanged between Kono and the Contacts on behalf of you and your team, and through your Registered internal messenger among your team members. The “Service” does not include User Personal Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service. Any modifications and new features added to the Service are also subject to this Agreement. Kono reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Kono.

2. Free-Trial and Fees.

KONO WILL PROVIDE FREE TRIAL OF THE SERVICE UNTIL THE EARLIER OF (a) THE END OF THE PERIOD FOR TWENTY-ONE (21) DAYS TO USE THE SERVICE WITHOUT PAYMENT, FROM THE DATE YOU RECEIVE THE ACCESS TO THE FREE TRIAL FROM KONO (b) THIS AGREEMENT SHALL BE AUTOMATICALLY UPGRADE TO THE PREMIUM SUBSCRIPTION RIGHT AFTER THE EXPIRATION OF FREE TRIAL PERIOD. (c) IF YOU WISH TO AVOID BEING CHARGED AFTER THE FREE TRIAL PERIOD YOU MUST GIVE US A WRITTEN NOTICE OF YOUR INTENT NOT TO CONTINUE THE SUBSCRIPTION AT LEAST THREE DAYS PRIOR TO THE EXPIRATION OF FREE TRIAL PERIOD. (d) TO AVOID BEING AUTOMATICALLY UNSUBSCRIBED, MAKE SURE TO INPUT YOUR VALID BILLING INFORMATION AND CHOOSE EITHER MONTHLY OR ANNUAL SUBSCRIPTION PLAN WITHIN SEVEN DAYS AFTER YOUR FREE TRIAL PERIOD EXPIRATION DATE. YOU WILL PROMPTLY UPDATE YOUR ACCOUNT INFORMATION WITH ANY CHANGES IN YOUR PAYMENT INFORMATION. YOU AGREE TO PAY KONO IN ACCORDANCE WITH THE TERMS SET FORTH ON THE AGREEMENT, AND YOU AUTHORIZE KONO OR ITS THIRD-PARTY PAYMENT PROCESSOR TO BILL YOUR PAYMENT INSTRUMENT IN ADVANCE ON A PERIODIC BASIS IN ACCORDANCE WITH SUCH TERMS. (e) TO AVOID GETTING CHARGED FOR THE NEXT BILLING PERIOD, YOU NEED TO GIVE US A WRITTEN NOTICE OF YOUR INTENT TO UNSUBSCRIBE AT LEAST SEVEN DAYS PRIOR TO THE RENEWAL DATE. ALL AMOUNTS PAID ARE NON-REFUNDABLE AND WE RESERVE THE RIGHT TO CHARGE OUR PRICE IN THE FUTURE. IF WE INCREASE OUR PRICE FOR YOUR SERVICE PLAN, WE WILL PROVIDE NOTICE OF THE CHANGE ON THE SERVICE AND IN EMAIL TO YOU AT LEAST 30 DAYS BEFORE THE CHANGE IS TO TAKE EFFECT.
Only Services and features clearly indicated as “free” or “no charge” are free or without charge. It is not the responsibility of Kono to provide free support for you in the use and operation of Kono.

3. Third Party Payment Processors.

Kono uses third party payment processors to assist it in processing your personally identifiable payment information securely. Such third party processors’ are required to have a privacy policy and security standards in place that are at least as protective of your information as those in our Privacy Policy. We will inform you which payment processors are used when processing your payments.

4. Term and Termination.

This Agreement will continue in full effect unless and until your account or this Agreement is terminated as described herein. Service plans that will automatically renew for the same additional term. You have the right to deactivate your account at any time by giving a written notice by following the procedures set forth in the Free-Trial and Fees section.
Monthly memberships can be deactivated at any time with no additional fees. If you deactivate, you will be charged for that month’s service (as well as all prior months of service), but we will not charge you for the month following the month in which you deactivate. Customers will lose access to Kono immediately following deactivation.

5. Termination of Service.

We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on Kono Site or by direct communication to you unless otherwise noted. We may cancel your monthly membership for any or no reason immediately upon notice to you but, if we do, we will give you a prorated refund at the standard monthly rate for any time period for which you have already paid. Moreover, (a) Service may be terminated by us, without cause, at any time. (b) Service may be terminated by you, without cause, by following the cancellation procedures set forth in the Term and Termination section. (c) Kono may terminate Service at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Service. (e) Notice of termination of Service by Kono may be sent to the contact email associated with your account. Upon termination, Kono has the right to delete all data, files, or other information that is stored in your account.

6. Rules.

To ensure the quality of the Kono experience we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you’ve broken the terms of service and this may result in a termination of your account. We encourage you to read the Terms of Service.

7. Privacy and Security.

We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions. User Personal Data is required by Kono to provide and support the Service, for example, to authenticate Authorized Users and to respond to requests for Support. You shall ensure that all User Personal Data is accurate and correct at all times during the Order Term. Kono shall only use User Personal Data in accordance with the Privacy Policy and Applicable Law. Except for limited User Personal Data, you acknowledge the Service is not intended for use by you or any Authorized User to transfer, process, use or store information relating to an identified or identifiable natural person, and you agree to not use the Service for such purpose.
7.1 In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Personal Data. For example, we need to be able to transmit, store and copy User Personal Data in order to display it to you, to make backups to prevent data loss, and so on. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you, only for the purpose of providing the Service (and for no other purpose).
7.2 If any Users send us any feedback or suggestions regarding the Service, you grant Kono an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
7.3 Kono reserves the right to use your name as a reference for marketing or promotional purposes on Kono’s official website and in other communication with existing or potential Kono customers. For example, we might list your company on one of our webpages under lists of Kono customers. We don’t want to list customers who don’t want to be listed, so you may send an email to help@kono.ai stating that you do not wish to be used as a reference.

8. Modifications.

Kono may modify this Agreement at any time by posting a revised version with a prior announcement at https://about.kono.ai/ or the sub pages of the site, which modifications will become effective as of the first day of the calendar month following the month in which they were first announced. By using the Service after the date on which any modifications enter into effect, you agree to the latest version of this Agreement.

9. Miscellaneous.
9.1 In the ordinary course of its business, Kono uses third-party service providers (collectively, “Providers”) to support the provision of the Service and Support generally (i.e., not specifically for you). For instance, Kono currently uses Amazon Web Services (AWS) to host the Service. In addition, Kono may provide the Service or Support through one or more Affiliates. Kono reserves the right to engage and substitute Providers and Affiliates as it deems appropriate, but shall remain responsible to you for (a) provision of the Service and Support and (b) the actions and omissions of its Providers and Affiliates undertaken in connection with this Agreement.
9.2 This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of California, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in California, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.
9.3 This Agreement is the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, oral or written, and all other communications and agreements between the Parties relating to the subject matter of this Agreement. In the event any information posted on the Site from time to time conflicts with any provision of this Agreement, the applicable provision of this Agreement shall control..
9.4 This Agreement and any Order may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement or any Order by fax or by email of a scanned copy, or execution and delivery through an electronic signature service (such as DocuSign), shall be effective as delivery of an original executed counterpart of this Agreement or the relevant Order.

10. Definitions.

Capitalized terms not otherwise defined in this Agreement shall have the respective meanings assigned to them in this Section 10.
“Admin” means, the administrator in Kono team plan for a team to manage access, resources.
“Affiliate” means, with respect to a Party, a business entity that directly or indirectly controls, is controlled by or is under common control with, such Party; “control” (including the terms “controlled by” and “under common control with”) means the direct or indirect ownership of more than 50% of the voting securities of a business entity.
“Applicable Laws” means any and all governmental laws, rules, regulations or orders that are applicable to a particular Party’s performance under this Agreement.
“Authorized User” means your individual employee, agent or contractor who is authorized by you or the applicable Affiliate to access and use the Service pursuant to the terms of the applicable Order and this Agreement.
“Contacts” means a User’s contacts with whom the User may schedule an appointment using Kono.
“Order” means a separate (a) online order for a Service completed and submitted by you through the Site and accepted by Kono, or (b) written order for a Service pursuant to this Agreement executed by both Kono and you.
“Policies” means the Privacy Policy, Cookie Policy, Service Terms and any other policy or terms referenced in, or incorporated into, this Agreement or an Order.
“Privacy Policy” means Kono’s Privacy Policy currently published at https://about.kono.ai/privacy/, as it may be updated from time to time.
“Service” means the subscribed service offering(s) listed in the applicable Order, as such offering(s) are described at https://kono.ai/product/. The features and functionality of Service may be modified, enhanced or otherwise changed from time to time, provided such change does not result in a material adverse change to the applicable Service (in its entirety) as it existed at the Effective Date.
“Service Terms” means terms and conditions, in addition to those set out in this Agreement and an Order, that apply to a particular Service currently published at https://about.kono.ai/terms-of-service/, as they may be updated from time to time. If a term in the applicable Service Terms conflicts with, or is different than, a term in this Agreement, then the Service Terms will prevail.
“Site” means https://kono.ai/, or such alternate or successor website as Kono may designate from time to time.
“Registered internal messenger” means, internal communication platform for businesses developed by Registered internal messenger Technologies.
“User Personal Data” means identifying information relating to Authorized Users, such as name, user name, billing information and email address, furnished by you or Authorized Users to Kono in connection with their access and use of the Service.