Chiku Inc. Terms of Use

Effective Date: July 28, 2025

BY CLICKING ON THE "YES" OR “I ACCEPT” BUTTON (OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF THIS AGREEMENT), OR BY DOWNLOADING, ACCESSING OR INSTALLING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

This AGREEMENT (the “Agreement”) is by and between Chiku Inc. and its affiliates (collectively, “Chiku”) and you (“Licensee” or “You”).

  1. “Product” shall mean those products, software, services, and/or features that are designated as  limited release versions of Chiku  and are provided to You during the term hereof.

  2. License. Chiku grants to You a non-exclusive, non-transferable, non-sublicensable license to use the  Product solely for the purposes of testing, research, and evaluation. You shall not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of the  Product.

  3. Ownership. All title, interest, and ownership rights in and to the  Product and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain in Chiku. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to You.

  4. Content Submitted By You: When you upload or otherwise provide written materials, photographs, voice and/or video recordings or other content (collectively, the “Content”), you retain ownership of any intellectual property rights in that Content and merely give us a license to use the Content to provide the Services to you and for any other purpose you have agreed to (for example, if you have agreed to allow us to use your Content for marketing purposes). 

Such license granted to Chiku is worldwide, perpetual, sublicensable and transferable. In short, what belongs to you stays yours – we will merely use that Content as agreed on with you. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Services is proprietary to, and will remain with, us. 

You are fully responsible for the Content you share with us. If you share the Content publicly, you do so at your own risk and Chiku will not be responsible for any users’ actions with regards to such Content. 

You hereby represent and warrant that

  1. you own the Content or otherwise have the rights to share the Content with us and to allow us to use it as set forth herein, and

  2. the Content will not infringe, misappropriate or otherwise violate the intellectual property rights or other rights of a third party.

For any videos or photos you provide to and agree to be used by Chiku for marketing purposes, if anyone else appears in that Content, you must receive their permission to share the Content with Chiku. If any such person is under the age of 18, you must obtain permission from such person’s parent or guardian.  

While we don’t typically review our customers’ Content, we see a subset of Content as part of providing our Services, for example when providing customer support (see more in our Privacy Policy). If we come across Content which we determine is illegal or violates our policies,  we may remove, filter or refuse to display Content that we reasonably believe violates our policies or the law. That does not necessarily mean that we review Content, so please don’t assume that we do. 

We are not responsible for any loss or removal of your Content, and you should keep back-up copies of your Content in your own records. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. 

  1. Confidentiality. The  Product, the fact of its existence, all accompanying documentation, and all information disclosed by Chiku to You hereunder or otherwise in connection with the  Product, including without limitation performance data, features and other information relating to or obtained from the  Product, is “Confidential Information” of Chiku. You will not use the Confidential Information except as necessary under this Agreement, and will not disclose any portion of the Confidential Information to any other person or entity. You will use all reasonable steps to protect the Confidential Information from unauthorized use or disclosure. Confidential Information does not include information that: (1) was rightfully known by You at the time of disclosure without an obligation of confidentiality, (2) is lawfully obtained by You from a third party without restriction on use or disclosure, or (3) is or becomes generally known to the public through no fault or breach of this Agreement by You.

  2. Data & Feedback. You agree that Chiku may obtain information and data from You in connection with Your registration, installation, and use of the  Product including, without limitation, personal information. Chiku may also collect and process technical and performance information about your use of the  Product and use this information to support and troubleshoot issues, provide updates, analyze trends and improve Chiku products or services. Chiku shall be allowed to use such data and share such data with Chiku partners for the program purposes. You hereby consent to Chiku processing and transferring this information, including, if any, personal information, in conformity with the Chiku Privacy Policy, as updated from time to time. Further, You shall provide feedback to Chiku concerning the functionality and performance of the  Product from time to time as reasonably requested by Chiku, including, without limitation, identifying potential errors and improvements. You will also be invited to complete surveys regarding the Chiku  Product. Feedback provided to Chiku through any of the foregoing methods in connection with the  Product may be used by Chiku and its partners to improve or enhance products, services and/or features and, accordingly, Chiku shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.

  3. THE  PRODUCT MAY CONTAIN ERRORS AND IS PROVIDED FOR LIMITED EVALUATION ONLY. THE  PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Chiku SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

  4. THE TOTAL LIABILITY OF CHIKU ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100. IN NO EVENT SHALL CHIKU HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  5. Miscellaneous. This Agreement shall be governed by the laws of Florida without reference to conflict of laws principles. You shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Chiku. You shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.