END USER LICENSE AGREEMENT(EULA)
Effective Date: 07 January 2025
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (“User,” “you,” or “your”) and [Kirfu, LTD.] (“Kirfu,” “we,” “us,” or “our”) regarding your use of Kirfu’s mobile application, website, and related services (collectively, the “Platform” or “Services”). By downloading, installing, accessing, or using the Kirfu Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all the terms of this EULA, you must not use or access the Kirfu Platform.
1. License Grant
1.1 Limited License
Kirfu grants you a personal, non-exclusive, non-transferable, revocable, and limited license to access and use the Kirfu Platform, solely for your own lawful, personal, or internal business purposes, and in accordance with this EULA.
1.2 Restrictions
Unless otherwise permitted in writing by Kirfu, you shall not:
• Copy, modify, distribute, sell, or lease any part of the Platform.
• Decompile, reverse engineer, or attempt to extract the source code or AI models.
• Bypass or circumvent any security measures or access controls.
• Use the Platform in any manner inconsistent with applicable laws or regulations.
2. User Eligibility
2.1 Legal Age
You must be at least the age of majority in your jurisdiction to create an account or use Kirfu’s Platform. If you are using Kirfu on behalf of an organization, you represent that you have the authority to bind that organization to this EULA.
2.2 Account Responsibility
You are responsible for maintaining the confidentiality of your account information. You agree to notify Kirfu immediately of any unauthorized use or security breach of your account.
3. Acceptable Use
Your use of Kirfu is subject to our [Prohibited Activities] and other relevant policies. You agree not to engage in, or facilitate, any activities that:
• Violate any local, state, national, or international law or regulation.
• Compromise the security of the Platform or attempt to interfere with normal operations.
• Collect or harvest any personal data or information without authorization.
• Misrepresent your identity, impersonate others, or submit false information.
• Overburden or disrupt the Platform through excessive API calls, automated bots, or similar methods.
4. Intellectual Property Rights
4.1 Ownership
Kirfu and its licensors own all rights, title, and interest in the Platform, including but not limited to text, images, graphics, software, code, algorithms (including AI models), features, and designs. All trademarks, service marks, and logos used by Kirfu belong to their respective owners.
4.2 Feedback
Any feedback, comments, or suggestions you provide regarding the Platform may be used by Kirfu without any obligation, attribution, or compensation to you.
5. AI Copilot (Nemo) and Route Optimization
5.1 Real-Time Assistance
Nemo provides real-time route optimization and guidance to drivers. You understand that these AI-driven recommendations are based on algorithms and data that may be subject to inaccuracies.
5.2 User Responsibility
• Route and Driving Decisions: You remain solely responsible for all driving decisions and for complying with traffic laws.
• Accuracy of Data: Kirfu is not liable for delays or errors caused by inaccurate data or unpredicted factors like traffic or road conditions.
6. Sustainability Initiatives
6.1 EV Promotion
Kirfu may offer incentives to users who utilize electric vehicles for deliveries. Such incentives are subject to change at Kirfu’s discretion.
6.2 Carbon Footprint Tracking
Any data regarding your carbon emissions is provided as an estimate. Kirfu does not guarantee its accuracy, nor does it assume liability for decisions made based on such data.
7. Data Collection and Privacy
Your use of the Platform is subject to Kirfu’s [Privacy Policy], which explains how we collect, use, and protect your data. By using the Platform, you consent to the data practices described in our Privacy Policy.
8. Fees and Payments
8.1 Subscription and Service Fees
Certain features or services provided by Kirfu may require payments or subscription fees. You agree to pay all applicable fees as outlined in separate agreements or in-platform notices.
8.2 Taxes
You are responsible for any taxes or duties associated with your use of the Platform, including any applicable VAT or sales tax.
9. Limitation of Liability
9.1 Amount of Liability
Kirfu’s liability for any claims arising from the use of the Platform is limited to the lesser of:
• The amount you have paid Kirfu in the past twelve (12) months, or Five Hundred U.S. Dollars (US $500).
9.2 Timeframe for Claims
You must bring any claim relating to the Platform within twelve (12) months from the date the claim arose. Claims made after this period are void.
9.3 Exclusion of Certain Damages
To the maximum extent permitted by law, Kirfu is not liable for indirect, consequential, incidental, punitive, or special damages, including lost profits, data loss, or business interruption, even if advised of the possibility of such damages.
10. Disclaimer of Warranties
10.1 As Is, As Available
Kirfu provides the Platform on an 'AS IS' and 'AS AVAILABLE' basis without any express or implied warranties or conditions, including merchantability, fitness for a particular purpose, or non-infringement.
10.2 No Guarantee
Kirfu does not warrant that the Platform will be uninterrupted, error-free, secure, or will meet your requirements. Kirfu also makes no representations concerning the accuracy or reliability of the Platform’s outputs (including AI guidance).
11. Dispute Resolution
11.1 Initial Resolution
Before initiating any formal dispute resolution, you agree to attempt resolving the matter informally by contacting Kirfu at [Support Email / Contact Details].
11.2 Arbitration
If the dispute cannot be resolved informally, it shall be settled by binding arbitration in accordance with the rules of an internationally recognized arbitration body (e.g., International Chamber of Commerce). The arbitration will be conducted in London.
11.3 Governing Law and Jurisdiction
This Agreement is governed by and construed under the laws of London, without regard to its conflict of law principles. Any litigation (if arbitration is not applicable or enforceable) shall be initiated in the appropriate courts located in London.
12. Termination
12.1 Termination by Kirfu
Kirfu may suspend or terminate your access to the Platform at any time if you breach this EULA, violate any of Kirfu’s policies, or if Kirfu discontinues the Platform.
12.2 Effect of Termination
Upon termination, you must cease all use of the Platform and delete all copies of the Kirfu application from your devices. Sections related to limitation of liability, dispute resolution, and intellectual property shall survive termination.
13. Changes to this EULA
Kirfu reserves the right to update or modify this Agreement at any time. If changes are made, Kirfu will provide notice through the Platform or via email. Continued use of the Platform after such changes indicates your acceptance of the updated EULA.
14. General Provisions
14.1 Severability
If any provision of this Agreement is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
14.2 Assignment
You may not assign or transfer any rights or obligations under this EULA without Kirfu’s prior written consent. Kirfu may freely assign this Agreement.
14.3 Entire Agreement
This EULA, together with any referenced policies, constitutes the entire agreement between you and Kirfu regarding your use of the Platform and supersedes all prior or contemporaneous agreements.
14.4 No Waiver
Failure by Kirfu to enforce any part of this EULA shall not be deemed a waiver of future enforcement of that or any other provision.
Contact Information
For questions or concerns related to this EULA, you may contact us at:
Kirfu, Ltd.
124 Goswell Rd, Greater, London EC1V0DP.
team@kirfu.com
By using the Kirfu Platform, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this End User License Agreement.