Terms of Service

These Terms of Service are effective as of February 18, 2025.

1. Introduction

Welcome to FinalLayer!

These Terms of Service (hereinafter referred to as the "Terms") constitute a legally binding agreement between you (hereinafter referred to as "User," "you," or "your") and Kasper, Inc., a Delaware corporation doing business as FinalLayer (hereinafter referred to as "Kasper," "FinalLayer," "we," "us," or "our"), governing your access to and use of our artificial intelligence-powered video platform, including but not limited to our website, mobile applications, desktop applications, application programming interfaces (APIs), and all associated services (collectively, the "Service").

You represent and warrant that you have the legal capacity to enter into these Terms and are authorized to do so under applicable law. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy (incorporated by reference). You further warrant that you have the authority to comply with all obligations hereunder. If you do not accept these Terms in their entirety, you must immediately discontinue use of the Service.

2. Overview

2.1. Using FinalLayer

FinalLayer provides a sophisticated artificial intelligence-powered platform designed to facilitate multimedia (video, audio, photos, text, and other) content upload, indexing, searching, clipping, creation, sharing and other multimedia management and creation capabilities. The Service incorporates proprietary technology and algorithms developed by Kasper to process, analyze, manage, and create multimedia content. Your use of the Service is subject to these Terms and any additional terms, policies, or guidelines that may be applicable to specific components of the Service and which are incorporated herein by reference.

The Service is made available to you for the purpose of enabling multimedia content management and distribution in accordance with these Terms. Any rights not expressly granted herein are reserved by Kasper. You acknowledge that your use of the Service does not confer any ownership rights or intellectual property rights in the Service or any content available through the Service, except for User Content (as defined herein) that you legally own.

2.2 Sign-up and Account Creation

To access certain features of the Service, you must create an account by providing current, complete, and accurate information as prompted by the applicable registration forms. You agree to maintain and promptly update your registration data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password (or passcode, one-time password or equivalent access technology), and for all activities that occur under your account.

You agree to: (a) immediately notify Kasper of any unauthorized use of your account or any other breach of security; (b) ensure that you exit from your account at the end of each session when accessing the Service; and (c) accept all risks of unauthorized access to your account and any information you provide to Kasper.

Kasper reserves the right to disable any user account, at any time, in its sole discretion for any or no reason, including if, in Kasper's opinion, you have failed to comply with any provision of these Terms. You agree that Kasper shall not be liable to you or any third party for any termination of your access to the Service.

3. Using the Service

3.1 Age Requirement

The Service is intended solely for users who are eighteen (18) years of age or older and who can form legally binding contracts under applicable law. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into binding contracts under applicable law. If you are accessing or using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms. Kasper reserves the right to request proof of age and identity at any time, and your failure to provide such proof within a reasonable timeframe may result in suspension or termination of your account.

3.2 Access to the Service

Your right to access and use the Service is personal to you and is subject to your compliance with these Terms. Kasper hereby grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service subject to these Terms. This license is subject to the following conditions and limitations:

The license granted herein is non-exclusive, meaning Kasper retains the right to grant similar licenses to other users and to use the Service itself for any purpose. The license is limited to the express rights granted herein and does not include any rights not explicitly enumerated. The license is non-transferable, meaning you may not assign, sublicense, or otherwise transfer your rights under these Terms to any third party without Kasper's prior written consent. The license is freely revocable, meaning Kasper may terminate your access to the Service at any time for any or no reason, with or without notice.

You may use the Service for both business and personal purposes, provided that such use complies with these Terms and all applicable laws and regulations. Kasper reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

Our Service is available in Argentina, Brazil, Canada, Colombia, Egypt, India, Indonesia, Israel, Mexico, Nepal, Nigeria, Philippines, South Africa, Sri Lanka, Thailand, Tunisia, United States, and Vietnam as of this version. If you are not in these countries, please send an email to [email protected]; we’ll add you to the waiting list and inform you when the service is ready in your country. We are working to enable the service worldwide within the next few quarters.

3.3 Acceptable Use

Your use of the Service must comply with all applicable laws, regulations, and these Terms. You are solely responsible for all content you upload, share, create, or otherwise make available through the Service ("User Content"). You represent and warrant that:

3.3.1 Your Content

You own or have obtained all necessary rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Kasper the license described herein.

3.3.2 Rights Cleared Content

All User Content you provide has been properly cleared for use, including but not limited to obtaining all necessary permissions, releases, and licenses from any third parties whose materials or intellectual property are incorporated within such User Content. This includes, but is not limited to, music rights, performance rights, publicity rights, trademark rights, and any other intellectual property rights that may be implicated by your User Content.

3.4 Anti-Discrimination Policy

The Service may not be used to promote, encourage, or engage in discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, medical condition, veteran status, or any other classification protected by applicable federal, state, or local law. Kasper maintains a zero-tolerance policy for discriminatory conduct and reserves the right to immediately terminate the accounts of users who engage in such conduct.

3.5 Prohibited Content

The User shall not create, upload, distribute, or engage in any content or activities that:

a) breach any confidentiality obligations, contractual duties, or fiduciary responsibilities;

b) cause or risk damage to any physical or digital property;

c) constitute harassment, defamation, or abusive conduct toward any individual or group;

d) contain sexually explicit or pornographic material;

e) create risk of physical harm, mental harm, emotional distress, death, disability, or disfigurement to any person or animal;

f) discriminate against or incite discrimination based on race, religion, gender, sexual orientation, age, disability, ancestry, national origin, or any other legally protected characteristic;

g) engage in or promote fraudulent activities or deceptive practices;

h) exploit or endanger minors in any manner;

i) infringe upon intellectual property rights, including but not limited to copyrights, trademarks, or patents;

j) invade personal privacy or publicity rights;

k) promote or facilitate illegal activities, products, or services;

l) spread false, deceptive, or misleading information;

m) threaten or undermine democratic processes or institutions;

n) violate any applicable local, state, federal, or international laws or regulations.

The foregoing list is non-exhaustive, and Kasper reserves the right to determine additional violations at its sole discretion. Violation of any prohibited activity may result in immediate account termination, content removal, and/or legal action as deemed appropriate by us.

3.6 Additional Restrictions

In addition to all other terms and conditions contained herein, you expressly agree not to:

(a) Engage in any data mining, scraping, crawling, or other automated data gathering activities from the Service without Kasper's express written consent;

(b) Attempt to decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any part of the Service;

(d) Use the Service for any malicious purpose, including but not limited to attempting to harm, harass, or defame any person, group, or business entity;

(e) Circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content;

(f) Upload or transmit any viruses, malware, or other malicious code;

(g) Interfere with or disrupt the Service or servers or networks connected to the Service;

(h) Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service.

Violation of any of these restrictions may result in immediate termination of your account and may subject you to state and federal penalties and other legal consequences.

4. Content Policy

4.1 User Content

By submitting, posting, or displaying User Content on or through the Service, you hereby represent and warrant that:

(a) You have all necessary rights, licenses, consents, and permissions to grant the licenses set forth in these Terms;

(b) The User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity, privacy rights, or other personal or proprietary rights;

(c) The User Content does not contain any material that is defamatory, obscene, offensive, harassing, or otherwise objectionable.

4.1.1 Ownership and Rights

You retain all ownership rights to any content you submit, post, or display through our Service ("User Content"). By using our Service, you grant Kasper certain limited rights to use your User Content as described below.

4.1.2 Basic License Terms

You grant Kasper a worldwide license to use your User Content for the purpose of providing and improving our Service. This license is sublicensable, non-exclusive (meaning you can license your content to others), and royalty-free (meaning we don't pay you for this use). This license allows us to host, store, copy, display, format, and distribute your User Content as necessary to provide the Service.

4.1.3 Scope of Permitted Use

We may need to technically modify your User Content to ensure it works properly across different devices and platforms. This includes reformatting, compressing, or optimizing your content for different screen sizes, connection speeds, and other similar transformations to provide the Service. We may also translate your content to make it accessible in different languages.

4.1.4 Private vs. Public Content

For content you share privately, our license is limited to making that content available only to the specific users you designate. For content you share publicly, you grant Kasper a perpetual, royalty-free, non-exclusive, and sublicensable license that includes the right to make that content available to all Service users and to use it for promoting and marketing our Service.

4.1.5 Duration and Termination

This license remains in effect for as long as your User Content is on our Service. You may terminate this license at any time by removing your User Content from the Service. However, if you have shared content with others through the Service, those users may retain their rights to use your content according to the Service's functionality.

4.1.6 Additional Terms

If you no longer have the rights to grant this license for any User Content, you must remove that content from the Service immediately. We reserve the right to remove any User Content that violates these terms or our policies.

This license is necessary for us to provide, maintain, and improve our Service, and to ensure all users can properly access and use the features we offer.

4.2 Third Party Content in Work-for-Hire Contexts

When uploading or sharing content created under work-for-hire arrangements or similar contractual relationships, you warrant and represent that:

(a) You have obtained all necessary rights and permissions from the commissioning party or employer;

(b) You have the authority to grant the licenses contained in these Terms;

(c) The use of such content through the Service will not violate any contractual obligations or rights of any third parties.

You shall maintain complete and accurate records of all work-for-hire arrangements and shall provide such records to Kasper upon request. Kasper reserves the right to remove any content that may violate work-for-hire agreements or employment contracts.

4.3 Licensed Content

All licensed content used through the Service must comply with the terms of the applicable license agreements. You acknowledge and agree that:

(a) You are solely responsible for obtaining and maintaining all necessary licenses for any third-party content;

(b) You will comply with all terms and conditions of such licenses;

(d) You will maintain accurate records of all licensed content usage and provide such records to Kasper upon request.

Kasper reserves the right to remove any content that may violate applicable license agreements or copyright laws.

4.4 Fair Use Content

Content used under the fair use doctrine must comply with United States copyright law, including but not limited to the factors set forth in 17 U.S.C. § 107:

(a) The purpose and character of the use;

(b) The nature of the copyrighted work;

(d) The effect upon the potential market for or value of the copyrighted work.

You acknowledge that the determination of fair use requires a fact-specific analysis and that you bear all risks associated with any fair use determination. Kasper reserves the right, in its sole discretion, to remove any content that may exceed the bounds of fair use or otherwise infringe upon copyright rights.

4.5 Content Monitoring and Removal

Kasper does not pre-screen User Content but reserves the right to monitor and review all content submitted to or transmitted through the Service. Kasper may, in its sole discretion and without prior notice, remove any content that:

(a) Violates these Terms;

(b) May create liability for Kasper or its users;

(d) Is otherwise objectionable as determined by Kasper in its sole discretion.

Kasper shall have no liability to any user for removing any content from the Service. Users shall cooperate with Kasper in investigating any alleged violations of these Terms.

5. Kasper AI Agents and Technology

5.1 AI Model Training and Data Usage

5.1.1 Kasper's Commitments Regarding Your Content

Kasper hereby makes an express and binding commitment that it will not use your User Content to train, develop, improve, or enhance its artificial intelligence models, machine learning algorithms, or similar technologies without your explicit consent. This commitment extends to: Raw video and audio content uploaded to the Service by you.

Kasper’s Personalized AI Agents may use user actions and behaviors on the Service to improve user experience and overall efficiency and accuracy of the product for you.

5.1.2 Restrictions on User AI Training

You expressly agree not to:

(a) Use the Service or any content available through it to train, develop, or enhance any external artificial intelligence models, machine learning algorithms, or similar technologies;

(b) Extract, compile, or aggregate data from the Service for the purpose of creating training datasets;

(d) Use the Service's AI capabilities in any manner intended to compete with or replicate Kasper's technology.

Any violation of these restrictions may result in immediate termination of your account and legal action, including but not limited to claims for damages and injunctive relief.

5.2 Limitations and Disclaimers

You acknowledge and agree that:

(a) AI technology is inherently probabilistic and may produce unexpected or unintended results;

(b) Kasper makes no warranties regarding the accuracy, completeness, reliability, or appropriateness of AI-generated content or recommendations;

(d) Kasper shall not be liable for any damages arising from the use of its AI features.

5.2.1 Technology Partners

Kasper utilizes third-party large language models and artificial intelligence services to process and enhance its functionality. In using our services, you acknowledge and understand that certain User Content you provide may be transmitted through application programming interfaces (APIs) to these third-party service providers. This transmission may include any information, video, audio, data, text, or content you submit through our Service.

By using Kasper's services, you explicitly direct and consent to: (a) the transmission of your User Content to third-party service providers; (b) the processing of such content by these third-party language models; and (c) any incidental storage or handling of your content necessary for such processing.

You understand that while Kasper maintains appropriate safeguards for data handling, the nature of these third-party services requires the transmission of User Content through their systems. This consent constitutes an integral part of our service delivery and is necessary for Kasper to provide its core functionality.

5.2.2 Reporting and Feedback

Users are encouraged to report any safety concerns, unexpected behaviors, or potential biases in the AI system through Kasper's designated reporting channels. While Kasper values such feedback, it maintains sole discretion in determining whether and how to address reported issues.

5.3 AI Feature Availability

Kasper reserves the right to:

(a) Modify, limit, or discontinue any AI features at any time;

(b) Restrict access to certain AI capabilities based on account type, usage patterns, or other criteria;

(d) Charge additional fees for enhanced AI features or capabilities.

5.4 AI Ethics and Responsible Use

Users agree to use the Service's AI features in an ethical and responsible manner, including:

(a) Respecting human rights and dignity;

(b) Avoiding discriminatory or harmful applications;

(d) Considering the societal impact of AI applications.

6. Billing

The Service is offered in free and paid tiers. Paid Services require payment of applicable subscription fees, which may be billed monthly or annually at User's election. Free trials may be available for Paid Services for a limited period, after which subscription fees will automatically apply unless cancelled prior to trial expiration. Company may offer promotional discounts at its sole discretion, subject to specific terms and conditions. Subscription fees are based on User's location and selected billing cycle. All fees are non-refundable except where prohibited by law.

For Team accounts, the Team Owner assumes responsibility for all subscription payments and billing administration. Company reserves the right to modify Service tiers, pricing, and features upon reasonable notice to Users. Continued use of the Service following any such changes constitutes acceptance of the modified terms.

6.1 Subscriptions and Renewals

6.1.1 Subscription Terms

By subscribing to the Service, you agree to pay all applicable fees as set forth in the pricing schedule published on our website or otherwise communicated to you. All subscription fees are payable in advance and will be billed automatically to the payment method you provide. You hereby authorize Kasper to:

(a) Charge your designated payment method for all subscription fees when due;

(b) Store and update your payment information;

6.1.2 Automatic Renewal

Unless you opt out of automatic renewal or cancel your subscription in accordance with these Terms, your subscription will automatically renew at the end of each subscription period. The renewal term will be equal in length to the original subscription period unless otherwise specified. You acknowledge that subscription fees may change at the time of renewal, provided that Kasper gives you reasonable notice of any price changes as described in Section 6.5.

6.2 Service Packs

6.2.1 Purchase and Usage

Service packs, including but not limited to credit packages, processing time allocations, or storage quotas, are:

(a) Valid only for the specified period from the date of purchase;

(b) Non-transferable to other users or accounts;

(d) Subject to any additional terms and conditions specified at the time of purchase.

6.2.2 Expiration and Forfeiture

Unused portions of service packs expire at the end of the specified period and will not be refunded or carried forward. Kasper reserves the right to modify or discontinue any service pack offerings at any time.

6.3 Payment Terms

6.3.1 Non-Refundable Payments

All payments made to Kasper are final and non-refundable, except where required by applicable law. This includes, but is not limited to:

(a) Subscription fees;

(b) Service pack purchases;

(d) Renewals;

(e) Setup or activation fees.

6.3.2 Failed Payments

If any payment is not received by the due date, or if any payment is charged back or otherwise reversed by your financial institution:

(a) Kasper may suspend or terminate your access to the Service;

(b) You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Kasper in collecting such amounts.

6.4 Free Trials

6.4.1 Trial Terms

Kasper may offer free trial subscriptions subject to the following terms:

(a) Trial eligibility is determined by Kasper in its sole discretion;

(b) Trial periods are limited to one per user or business entity;

(d) Users must provide valid payment information to begin a free trial.

6.4.2 Trial Conversion

Unless you cancel before the end of the free trial period, your subscription will automatically convert to a paid subscription at the then-current rate. You authorize Kasper to charge your payment method for the subscription fees upon trial expiration.

6.5 Changes to Pricing

Kasper reserves the right to modify its fees and pricing at any time upon reasonable notice. Such notice will be provided:

(a) At least 30 days before the change takes effect for existing subscribers;

(b) Through email notification to the address associated with your account;

(d) Current pricing will be applicable until your next renewal.

Your continued use of the Service after the price change takes effect constitutes your agreement to pay the modified price.

6.6 Billing Communications

You agree to receive all billing-related communications electronically. Kasper will send billing notices, receipts, and other communications to the email address associated with your account. You are responsible for maintaining accurate contact and payment information in your account settings.

7. Kasper’s Intellectual Property

Kasper owns all aspects of the Service, including but not limited to software, algorithms, proprietary AI models, agents, design, derivative content, including but not limited to clip times, indexes, tags, and metrics except as expressly set out in these Terms (see Section 4.0). Users receive no additional ownership rights through use of the Service.

Kasper retains the right to utilize derivative data, aggregated data, insights, and patterns derived from user interactions to enhance its Service, without claiming ownership of individual user-generated content.

You hereby assign to Kasper all rights, title, and interest in any suggestions, ideas, feedback, or recommendations you provide regarding our services or products. Kasper shall own all intellectual property rights in such feedback and may use it without restriction or obligation of compensation or attribution to you.

All rights not expressly granted to users are reserved by Kasper.

8. Warranty Disclaimer

THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY CONTENT TRANSMITTED THROUGH THE SERVICE OR ANY DATA LOSS, ALTERATION, OR INTERCEPTION OCCURRING DURING TRANSMISSION OVER NETWORKS WE DO NOT CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Neither we nor any of our affiliates, subsidiaries, directors, officers, employees, contractors, or agents shall be liable or responsible for any content, materials, or information created, transmitted, displayed, distributed, or stored by you or any third party through our services. By using our services, you acknowledge and agree that you may encounter content that may be deemed objectionable, unlawful, deceptive, or unsuitable, and you hereby waive any legal or equitable rights or remedies you may have against us with respect to such content.

9. Indemnification

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Company and its affiliates, directors, officers, employees, contractors, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Services, (b) your breach of these Terms, (c) your User Content, or (d) any third-party claims resulting from your actions or omissions. Company shall make reasonable efforts to notify you of any such claim, but failure to provide notice shall not limit your indemnification obligations hereunder.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOSS OF DATA, USE, BUSINESS INTERRUPTION, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY, OR OTHER) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Term and Termination

These Terms commence upon your initial access to the Service and remain effective until terminated. Kasper may, in its sole discretion, immediately terminate or suspend your access to the Service, with or without notice, for any reason including, but not limited to, breach of these Terms or violation of applicable law. You may terminate your account at any time by following specified termination procedures or providing written notice to Kasper, provided that such termination shall not relieve you of any payment obligations or fees incurred prior to termination.

Upon termination: (i) your right to access and use the Service shall immediately cease; (ii) you must delete all Service materials in your possession; (iii) Kasper may, but is not obligated to, delete your User Content; and (iv) you remain liable for all amounts due up to the termination date. Kasper reserves the right to retain archived copies of User Content as required by law or for legitimate business purposes, and to permit account reactivation subject to additional conditions and fees at its discretion.

The provisions concerning intellectual property rights, payment obligations, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and any other provisions that by their nature should survive, shall survive any termination or expiration of these Terms and continue to bind both parties. Kasper shall handle any remaining User Content or account data in accordance with its Privacy Policy and applicable laws.

12. Miscellaneous

In using the Service, you agree to comply with all applicable local, state, national, and foreign laws, treaties, and regulations. Kasper similarly commits to operating the Service in accordance with applicable laws and regulations.

These Terms shall be governed by and interpreted under the laws of the State of California, USA, without giving effect to any principles of conflicts of law. The Service is subject to trade sanctions, import/export laws, and regulations. By using the Service, you warrant that you are not prohibited from accessing it and will not make it available to restricted persons or entities under any jurisdiction's laws or regulations.

For dispute resolution, you agree to first contact Kasper to attempt direct resolution. If unsuccessful, any claims, disputes, or controversies arising from these Terms shall be resolved through binding arbitration by the American Arbitration Association (AAA) under their Consumer Arbitration Rules, conducted via videoconference or at an agreed location. Each party shall bear their respective AAA fees, and the arbitrator may award costs, reasonable attorney's fees, and witness expenses. Either party may seek injunctive relief in court to prevent intellectual property infringement or data security violations. Claims must be brought individually, not as class actions, and may be filed only in the United States District Court for the Northern District of California or California state courts in Santa Clara County.

You may not assign these Terms without Kasper's consent except through merger, acquisition, or change of control. Kasper may transfer its rights and obligations at any time with or without notice. If any provision of these Terms is deemed invalid, the remaining provisions shall remain in effect. Kasper's failure to enforce any provision does not constitute a waiver of future enforcement.

Required notices will be sent to your account email address or through other legal means. Kasper respects intellectual property rights and responds to Digital Millennium Copyright Act notices as detailed in our Copyright Infringement Notice and Procedures.

Kasper may modify these Terms at any time, posting updates on its website and providing advance notice of material changes affecting your rights. Continued Service use constitutes acceptance of modified Terms. Kasper may modify or discontinue Service features at any time, providing pro-rata refunds to paid subscribers if unable to offer substantially similar services upon discontinuation.

These Terms, including referenced policies, represent the complete agreement between you and Kasper regarding the Service, superseding all prior communications. Purchase order terms shall not override these Terms. The English version of these Terms shall prevail.

12.1 Contact Information

Kasper, Inc is a Delaware Company.

Legal notices may be sent to our physical address

Kasper, Inc. Attn: Legal

2261 Market St, STE 22429

San Francisco, CA 94114, US

Email address: [email protected]