Terms of use

These Terms of Use (hereinafter the "Agreement") set out the procedure and terms for using the Kakadu AI service, published on the Internet at: https://kakadu-app.com/en/legal/terms-of-use, and also available through mobile applications and other digital interfaces of the Administrator.

Using the Service in any way means the User fully and unconditionally accepts the terms of this Agreement. If the User does not agree with the terms of the Agreement, in whole or in part, they must stop using the Service.

1. General Provisions and Definitions

Unless the text of the Agreement clearly indicates otherwise, the terms below have the following meaning:

• Administrator — KAKADU SECURE TECHNOLOGIES - FZCO, Trade License No. 67380, registered address: IFZA Business Park, Dubai Silicon Oasis, Dubai, United Arab Emirates.
• Service / Site — the Kakadu AI software and hardware complex, including the website, mobile application, web version, application programming interfaces, databases, design, content, and other elements available to the User over the Internet.
• User — an individual who accesses the Service and uses its features.
• Account — the personalized part of the Service the User gains access to after authorization, through which they can manage documents, their subscription, settings, and other features.
• Authentication Data — the information required to log in to the Account, including the User's mobile phone number and the one-time confirmation code sent by SMS or another supported means of communication.
• Content — any text, graphic, audiovisual, or other materials published within the Service.
• User Content — documents, images, texts, scans, recognition results, comments, messages, and other materials that the User uploads, creates, stores, modifies, transfers, or otherwise uses within the Service.
• Subscription — the provision to the User, for a fee, of access to certain expanded features of the Service for a limited period, under the terms of the corresponding plan.
• Family Subscription — a mode of using the Subscription in which the Subscription Owner provides access to its features to Family Members, in the manner established by Section 5 of this Agreement.

All other terms are interpreted in accordance with applicable law and standard business practice.

2. Subject of the Agreement

2.1. Under this Agreement, the Administrator grants the User the right to use the Service within its functional scope and on the terms defined by this Agreement, the Privacy Policy, and other documents published on the Site.

2.2. The Service is intended for: processing the User's requests through the AI assistant and providing the responses and other results it generates, within the daily limit set by the plan; scanning documents; storing documents and files in the cloud; editing documents; exporting and transferring files; sharing certain materials, including within a family subscription, where such functionality is provided; and other features available in the relevant version of the Service.

2.3. The Service is provided on an "as is" basis. This means the Administrator provides access to the Service in its existing state and does not guarantee that the Service will fully meet each User's individual expectations.

2.4. The User is deemed to have accepted this Agreement by conduct from the moment they begin using the Service, including, but not limited to: opening the website or application; registering or logging in; uploading, scanning, creating, editing, or storing documents; purchasing a subscription; sending messages through contact forms or support; or any other use of the Service's features.

2.5. By using the Service, the User confirms that, before starting to use it, they fully reviewed the terms of this Agreement, understand them, and accept them without any exceptions or limitations.

2.6. Responses and other results generated by the AI assistant are produced automatically based on artificial intelligence models and may contain inaccuracies or errors. The Administrator does not guarantee the accuracy, completeness, or suitability of such results for the User's specific purposes; the final decision on whether to use the AI assistant's results rests with the User.

3. Registration and Account

3.1. To use the full functionality of the Service, the User may need to register and create an Account.

3.2. Registration and login to the Service are performed using the User's mobile phone number, confirmed by a one-time code sent by SMS or another similar means of communication.

3.3. The User agrees to provide accurate information and keep it up to date.

3.4. The User is solely responsible for safeguarding the means of accessing their account and for all actions performed through their Account.

3.5. If access to the Account is lost, or if login credentials are suspected to be compromised or accessed without authorization, the User must notify the Administrator immediately.

3.6. The Administrator may restrict, suspend, or terminate access to the Account if the User violates this Agreement, applicable law, or if there is reasonable suspicion of unlawful use of the Service.

4. Age and Legal Capacity of the User

4.1. The Service has the age rating indicated on its applicable store page. Certain features of the Service may provide age-appropriate restrictions, including Kids Mode, which restricts access to materials intended for adults.

4.2. A paid subscription may be purchased, and payments made, only by a legally capable individual who has reached 18 (eighteen) years of age.

4.3. A minor User may use the free features of the Service on equal terms with adult Users. A minor User may purchase a paid subscription only with the consent of their legal representatives (parents, adoptive parents, or guardians), in accordance with applicable law governing contracts entered into by minors.

4.4. If a paid subscription was purchased by a minor User independently, without the consent of legal representatives, the legal representative may contact the Administrator's support to cancel the subscription and request a refund, in the manner provided for by applicable law governing contracts entered into by minors.

5. Subscription, Plans, and Payment

5.1. Free access to the Service is provided to all Users indefinitely and includes: up to 10 AI assistant requests per day; 1 GB of cloud storage; up to 5 devices per account; up to 5 people in a family group; Kids Mode, which restricts access to materials intended for adults.

5.2. As of the publication date of this Agreement, the Service offers a paid "Plus" plan with a monthly subscription period and automatic renewal, purchased through the Apple App Store or Google Play at the price indicated in the app at the time of purchase. The "Plus" plan provides: a significantly increased daily limit of AI assistant requests; cloud storage without a fixed advertised quota, subject to reasonable technical, security, and fair-use limitations; up to 5 people on a single subscription ("family"), including the Owner; up to 5 devices; Kids Mode, which restricts access to materials intended for adults.

5.3. The Administrator may change the plan price, the scope of services, limits, and features at any time. The new price applies to new purchases and renewals made after it is introduced, unless otherwise provided by applicable law, the rules of the relevant payment platform, or Section 5.4 of this Agreement.

5.4. Any change to the price of an existing subscription will be implemented in accordance with applicable law and the rules and procedures of the Apple App Store or Google Play, as applicable. Where required, the User will be notified of the new price and may be required to consent to it before the subscription renews.

5.5. Payment for the subscription is made through the Apple App Store, as an in-app purchase, or through Google Play.

5.6. The subscription renews automatically for a new period unless auto-renewal is turned off at least 24 hours before the end of the current period. Payment for the next period is charged within 24 hours before the end of the current period. The User can manage the subscription and turn off auto-renewal in their App Store or Google Play account settings.

5.7. The User may manage or cancel auto-renewal through the account settings of the platform through which the subscription was purchased. Requests for refunds for purchases made through the Apple App Store or Google Play are generally processed by Apple or Google, respectively, in accordance with their applicable rules and procedures. Nothing in this Section limits any rights available to the User under applicable law.

5.8. Family Subscription. The subscription is paid for by a single User (the "Subscription Owner"). The Owner may invite up to 4 (four) additional people ("Family Members"), who together with the Owner form a group of no more than 5 people and receive access to the "Plus" plan's features at no cost of their own. Family Members may not manage the Owner's subscription, change the payment method, or cancel it. If the Owner does not renew the subscription, paid access ends simultaneously for the Owner and all Family Members.

5.9. Data After the Subscription Ends. After the paid period ends, the User's previously uploaded documents and files are not deleted and remain available for viewing. Only uploading new files beyond the volume available on the free plan is restricted.

5.10. Refunds are issued in accordance with the separate Kakadu AI Refund Policy, available at: https://kakadu-app.com/en/legal/refund.

6. Rights and Obligations of the Administrator

6.1. The Administrator has the right to: determine the structure, appearance, content, and functionality of the Service; change, supplement, update, or remove individual features of the Service; suspend the Service, in whole or in part, for preventive, technical, or other work; request information from the User necessary to review requests and resolve disputes; restrict access to the Service if the User violates the terms of the Agreement; and send the User service, technical, and other notices related to use of the Service.

6.2. The Administrator agrees to: make reasonable efforts to keep the Service operational; take measures to protect User data within the limits provided by law, the Service's architecture, and available technical means; review User requests within a reasonable time; and make the current version of this Agreement publicly available.

7. Rights and Obligations of the User

7.1. The User agrees to: use the Service only in lawful ways; not upload, store, transfer, or distribute through the Service materials that violate applicable law, the rights of third parties, or standards of morality and decency; not use the Service to store or distribute malicious software, spam, phishing materials, forged documents, prohibited information, or other unlawful materials; not take any action that could disrupt the normal operation of the Service, its software, servers, networks, or related components; not attempt to gain unauthorized access to other Users' data, the Service's internal infrastructure, source code, administrative sections, or other restricted parts of the system; independently maintain the confidentiality of the means of accessing their Account; and review the current version of the Agreement each time they make substantial use of the Service.

7.2. The User has the right to: use the Service within its available functionality; purchase, renew, and cancel the subscription in the manner provided; contact support; and delete their Account and their data, unless otherwise required by law.

8. User Content

8.1. The User independently decides which documents and materials they upload or otherwise process within the Service.

8.2. The User warrants that they hold all the rights, permissions, and lawful grounds necessary to upload, store, process, transfer, and otherwise use their content within the Service.

8.3. The User bears full responsibility for the lawfulness of the content of documents and other materials they place within the Service.

8.4. The Administrator is not obligated to review User content in advance and is not responsible for its content, lawfulness, accuracy, or suitability for the User's purposes.

8.5. Upon receiving a complaint, an order, a request from an authorized body, or upon detecting signs of a legal violation, the Administrator may restrict access to, or remove, the relevant content without prior notice to the User, if necessary to comply with the law or protect its rights and legitimate interests.

9. Intellectual Property

9.1. All rights to the Service, its software, design, interfaces, databases, logos, trademarks, texts, graphics, and other elements belong to the Administrator or are used on lawful grounds.

9.2. The User is not granted any exclusive rights to the Service or its individual elements, except for a limited right to use the Service for its intended purpose.

9.3. Without the Administrator's prior written consent, the User may not copy, reproduce, distribute, rework, modify, decompile, extract the source code of, or otherwise use elements of the Service beyond the scope of its ordinary use.

10. Limitation of the Administrator's Liability

10.1. The Service is provided on an "as is" basis. The Administrator does not guarantee: that the Service will meet all of the User's individual expectations; that the Service will operate without interruption, continuously, and entirely free of errors; that any file, document, or other information will not be lost due to circumstances beyond the Administrator's control; or that any results of using the Service will be accurate, complete, and suitable for the User's specific purpose.

10.2. The Administrator is not liable for: disruptions in the Service caused by the actions of telecom operators, hosting providers, payment systems, device manufacturers, the Apple and Google platforms, third-party software, or other external factors; the inability to use the Service due to reasons related to the User's device, browser, operating system, or internet connection; loss of access to the Account through the User's own fault; the content, lawfulness, and consequences of using User Content; or losses, lost profits, data loss, reputational harm, and other adverse consequences, unless otherwise expressly provided by applicable law.

10.3. Nothing in this Agreement limits the Administrator's liability in cases where such a limitation is expressly prohibited by applicable law.

11. Third-Party Resources and Services

11.1. While using the Service, the User may interact with third-party resources and services, including Apple, Google, and other platforms, providers, or tools.

11.2. The Administrator is not responsible for the content, availability, terms of use, security measures, or data-processing rules of third-party resources.

11.3. The User is solely responsible for reviewing the terms of use and privacy policies of such third parties before starting to use their services, and must comply with such applicable third-party terms when using the Service.

12. Personal Data

12.1. Processing of Users' personal data by the Administrator is carried out in accordance with the Kakadu AI Privacy Policy, available at: https://kakadu-app.com/en/legal/privacy-policy.

12.2. By using the Service, the User confirms that they have reviewed the Privacy Policy and understand how their data is processed.

12.3. If the User provides the personal data of third parties through the Service, they confirm that they have lawful grounds for doing so and bear sole responsibility for the lawfulness of such actions.

13. Changes to the Terms and Termination of the Agreement

13.1. The Administrator may unilaterally amend this Agreement by publishing a new version on the Internet at: https://kakadu-app.com/en/legal/terms-of-use. Previous versions of the Agreement are archived at separate addresses and remain available for review.

13.2. A new version of the Agreement takes effect from the moment it is published, unless otherwise stated in the text of the new version.

13.3. Continued use of the Service after a new version of the Agreement is published means the User agrees to the changes made.

13.4. The User may stop using the Service at any time. If the User has an Account, they may send the Administrator a notice of termination of the Agreement and deletion of their account to KakaduAi@yandex.ru or through the support chat in the app.

13.5. The Administrator may terminate or restrict the User's access to the Service if the User violates the terms of this Agreement, applicable law, or on other grounds provided for by law.

14. Governing Law and Dispute Resolution

14.1. This Agreement is governed by the laws of the United Arab Emirates.

14.2. Any disputes and disagreements arising from this Agreement or in connection with it shall be resolved through negotiation. The User may send a complaint in any form to KakaduAi@yandex.ru or through the support chat in the app. The response time for a complaint is 30 days from the date of its receipt.

14.3. If a dispute cannot be resolved through negotiation, it shall be submitted to the competent courts of the United Arab Emirates. Nothing in this Agreement limits any statutory rights the User may have under the mandatory consumer protection laws of their country of residence.

15. Apple App Store Additional Terms

This Section 15 applies only to Users who download the Service through the Apple App Store and exists to satisfy Apple's required minimum terms for a custom end-user license agreement.

15.1. This Agreement is concluded between the User and the Administrator only, and not with Apple Inc. or its subsidiaries ("Apple"). The Administrator, not Apple, is solely responsible for the Service and its content. This Agreement does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions in effect at the time.

15.2. The license granted to the User is limited to a non-transferable license to use the Service on any Apple-branded product that the User owns or controls, and as permitted by the Usage Rules set out in Apple's App Store Terms of Service, except that the Service may be accessed and used by other accounts associated with the User via Family Sharing or volume purchasing, where applicable.

15.3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

15.4. The Administrator, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price paid through the App Store, if any, for the Service to the User. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the Administrator's sole responsibility.

15.5. The Administrator, not Apple, is responsible for addressing any claims of the User or any third party relating to the Service, including product liability claims, any claim that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

15.6. In the event of any third-party claim that the Service, or the User's possession and use of the Service, infringes that third party's intellectual property rights, the Administrator, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.

15.7. The User represents and warrants that they are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that they are not listed on any U.S. Government list of prohibited or restricted parties.

15.8. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon the User's acceptance of this Agreement, Apple has the right, and will be deemed to have accepted the right, to enforce this Agreement against the User as a third-party beneficiary of it.

15.9. When using the Service, the User must comply with applicable third-party terms of agreement (for example, the terms of their wireless data service agreement).

16. Administrator Information