These Terms of Service (“Terms”) govern your access to and use of the KloutAgent website, platform, services, and tools (the “Services”). By accessing or using the Services, you agree to be bound by these Terms.

1. About KloutAgent

   KloutAgent Inc. provides an AI-powered talent agent platform for content creators and influencers. The platform offers email filtering, automated negotiation assistance, brand deal management, and related services to help users manage their sponsorship and brand partnership inquiries. KloutAgent grants you a limited, non-exclusive, non-transferable, revocable license to use the Services subject to these Terms.

2. Eligibility and Account Registration

   You must be at least 18 years old to use the Services. You agree to provide accurate, complete, and up-to-date information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

3. KloutAgent Email Service and Usernames

   As part of your use of the Services, you may select a username to create a KloutAgentmanaged email address (e.g., username@kloutagent.agency). This email address is operated directly by KloutAgent for the purpose of processing incoming brand deal inquiries, filtering emails, and facilitating your brand negotiations.

   – KloutAgent reserves the sole discretion to approve, modify, reclaim, suspend, or delete any username or email address at any time, including but not limited to cases of trademark conflict, impersonation, violation of these Terms, or inactivity.
   – Your use of any KloutAgent email address does not create any property interest or ownership rights in the email address or username.
   – KloutAgent may access, monitor, and process email communications received at this email address as part of delivering its Services.

4. Acceptable Use

   You agree not to:
   – Use the Services for any unlawful purpose.
   – Upload, distribute, or transmit any material that is unlawful, harmful, defamatory, obscene, infringing, harassing, or discriminatory.
   – Interfere with or disrupt the operation of the Services.
   – Attempt to reverse engineer, decompile, or create derivative works of the KloutAgent platform.
   – Attempt to gain unauthorized access to any systems or networks connected to the Services.
   – Use the Services to compete with KloutAgent.
   KloutAgent reserves the right to suspend or terminate access if you violate these rules.

5. User Content and Data

   You retain ownership of any content, media kits, pricing data, or materials you upload (“User Content”). You grant KloutAgent a worldwide, royalty-free, non-exclusive license to use, store, process, display, and analyze your User Content as necessary to provide the Services.
   You are solely responsible for ensuring you have all necessary rights and permissions for any data you upload or submit to KloutAgent.

6. AI-Generated Content and Limitations

   KloutAgent uses AI models to assist with email categorization, automated responses, deal negotiation, and brand proposal generation. You acknowledge that:
   – AI-generated content may contain errors, inaccuracies, or omissions.
   – KloutAgent does not guarantee the success or outcome of any brand deal.
   – You are solely responsible for reviewing, approving, and entering into any brand
   partnerships.
   – AI outputs should be reviewed with human oversight.

7. Subscription Terms and Billing

   – KloutAgent offers a 14-day free trial period.
   – After the trial, subscriptions automatically convert to paid monthly subscriptions at $20 USD per month, unless canceled prior to the trial’s expiration.
   – Payments are charged to the payment method on file.
   – No refunds will be issued for partial periods unless required by law.
   – KloutAgent reserves the right to change subscription fees with reasonable prior notice.

8. Shipping and Brand Matchmaking

   – You authorize KloutAgent to use your provided shipping address to facilitate delivery of products from brands.
   – You authorize KloutAgent to process your pricing preferences, content preferences, and genre restrictions to match you with appropriate brand opportunities.

9. Intellectual Property

   – KloutAgent retains all intellectual property rights in its platform, AI models,
   software, branding, and documentation.
   – Except for the limited license granted herein, no rights are transferred to you.
   – You may not copy, modify, distribute, resell, or create derivative works based on KloutAgent’s Services.

10. Confidentiality

    Both parties agree to maintain the confidentiality of any non-public information disclosed during use of the Services. This includes but is not limited to business plans, user data, pricing, and trade secrets. This obligation survives termination.

11. Indemnification

    You agree to defend, indemnify, and hold harmless KloutAgent from any claims, losses, damages, or liabilities arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Disclaimers

    – The Services are provided “as is” and “as available.”
    – KloutAgent makes no warranties regarding accuracy, reliability, merchantability, or fitness for a particular purpose.
    – KloutAgent is not responsible for third-party brands, offers, or agreements.
    – You assume full responsibility for evaluating the suitability of any brand deal or partnership.

13. Limitation of Liability

    To the maximum extent permitted by law:
    – KloutAgent shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
    – KloutAgent’s total aggregate liability for any claim shall not exceed the amount you paid in subscription fees in the six months preceding the claim.
    – KloutAgent is not liable for any data loss, business loss, or loss of opportunity
    resulting from your use of the Services.

14. Termination

    Either party may terminate this agreement at any time:
    – KloutAgent may suspend or terminate your account if you breach these Terms, fail to pay, or engage in misuse of the Services.
    – Upon termination, your license to use the Services ceases immediately.
    – KloutAgent will delete your data in accordance with its data retention policy, except where required by law to retain certain records.

15. Force Majeure

    Neither party shall be liable for delays or failures due to causes beyond its reasonable control, including natural disasters, labor disputes, or government action.

16. Governing Law and Jurisdiction

    These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the state or federal courts located in San Mateo County, California.

17. Changes to These Terms

    We may modify these Terms periodically. Material changes will be communicated via the Services or email. Your continued use of the Services after changes take effect constitutes your acceptance.

18. Contact Information

    KloutAgent LLC
    Based in San Mateo County, California
    Email: support@kloutagent.com