1. Introduction

Welcome to Kukarella! By accessing our websites, mobile applications, products, services, and tools (collectively, the "Service"), you agree to these Terms of Service ("Terms"). If you disagree, please refrain from using the Service.

2. Definitions

• Service: All websites, mobile applications, products, services, and tools provided by Kukarella.
• Kukarella IP: Trademarks, brands, logos, content, software, and technology owned by Kukarella.
• User Content: Any text, audio, images, or video you upload to the Service.

3. Accepting These Terms

By accessing, browsing, or registering for the Service, you confirm that you are at least 18 years old (or have legal guardian consent) and agree to comply with these Terms.

4. Description of Service

Kukarella offers a suite of AI‑powered content creation, conversion, and management tools, including:

• Text‑to‑Speech Conversion
• Voice Cloning
• Voice Agents
• Transcription & Translation
• Image Generation
• Video Generation
• AI‑Powered Editing

We may add, modify, or remove features at our discretion, with notice per Section 19.

5. Registration and Eligibility

To access certain features, you must register with accurate information. The Service is intended for users 18 and over. Minors require adult supervision. You are responsible for all activities conducted under your account and for maintaining its security.

6. Your Use of the Service

You agree to use the Service lawfully and in accordance with these Terms. Prohibited activities include, but are not limited to:

• General Misuse: Cyberattacks, spamming, harassment, hate speech, fraud, phishing, or other deceptive practices.
• Intellectual Property Violations: Unauthorized copying, distribution, or creation of works you don't have rights to.
• Feature‑Specific Restrictions:
  • Text‑to‑Speech & Voice Agents: You may not use these to generate content that is illegal, harmful, infringing, defamatory, or otherwise violates these Terms.
  • Voice Cloning: You must have all necessary rights, licenses, consents, and permissions for any audio samples you upload. Kukarella disclaims liability for unlicensed or unauthorized use of audio samples.
  • Image & Video Generation: You may not use these to create content that is illegal, harmful, infringing, defamatory, or otherwise violates these Terms.
  • Deepfakes & Impersonation: You may not impersonate individuals or generate content designed to mislead, defraud, or harm others.

Violation of these prohibitions may lead to suspension or termination under Section 24.

7. Fees and Payments

Certain features of the Service are accessible through paid subscription plans. Upon subscribing, you agree to our billing terms, providing accurate payment details for subscription fees and applicable taxes. Subscription rates and features are subject to change with notice. All fees are non‑refundable once paid, except as stated in Section 21.

8. User Content

You retain copyright over your User Content. By sharing User Content, you grant us a non-exclusive, irrevocable, worldwide license to use, reproduce, display, distribute, and perform the content solely for the purposes of operating, providing, and improving the Service. This license does not extend to commercial exploitation of your User Content without your consent.

9. Deactivating Your Account

You may deactivate your account at any time, which leads to the revocation of access credentials and the initiation of a data deletion process. Upon deactivation, your data is scheduled for deletion from our active databases and will be permanently erased within 90 days, subject to any legal obligations that require us to retain certain data for longer periods.

10. Intellectual Property

All intellectual property rights related to the Service are owned by Kukarella. You are prohibited from copying, modifying, distributing, selling, or leasing any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of the software, except as laws prohibit these restrictions or you have our written permission.

11. Data Privacy and Security

We implement industry‑standard measures to protect your data, as outlined in our separate Privacy Policy, which is incorporated by reference into these Terms. We comply with applicable data privacy regulations and are committed to adapting to future changes.

Voice‑Sample Retention. Audio samples and synthetic voice models are processed and stored by our third‑party voice‑cloning provider under their retention policy. Kukarella does not directly control deletion; to request deletion of samples or models, contact support@kukarella.com, and we will forward your request.

12. Disclaimers of Warranties

The Service is provided "as is" without warranties of any kind, express or implied. Jurisdiction‑specific disclaimer: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you if you are residing in such jurisdictions.

13. Limitations on Liability

Kukarella is not liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to these Terms or your use of the Service. Our total cumulative liability for any claim under these Terms, regardless of the form of action, will not exceed the greater of the amounts you paid for the Service in the last six months or $100 CAD. Some jurisdictions may not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnity

You agree to indemnify Kukarella against any claims or damages arising from your use of the Service, violation of these Terms, infringement of any intellectual property or other rights, or any other harm resulting from your actions. Examples include, but are not limited to, legal actions taken against you for copyright infringement or for posting defamatory content.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms will be brought exclusively in the courts located in Kelowna, British Columbia, Canada, and you hereby consent to the personal jurisdiction and venue of such courts.

16. Dispute Resolution

In case of disputes, we encourage you to contact our customer support team first to seek a resolution. If the issue cannot be resolved through our support team, it may be taken to mediation before any legal proceedings. We aim to resolve disputes amicably and efficiently, saving both parties time and expense.

17. General Provisions

These Terms constitute the entire agreement between you and Kukarella regarding your use of the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18. Subscription Plans, Billing and Credit Policy

We offer various subscription plans with a 14‑day free trial. Subscriptions automatically renew unless canceled. We will notify you of any subscription price changes according to Section 19. Subscription changes typically take effect in the next billing period.

Credit Policy

• Credit Allocation & Rollover: Credits included with your paid subscription roll over month‑to‑month while your subscription remains active.
• Downgrade & Grace Period: If you downgrade to the Free Plan or cancel your subscription, your unused subscription credits enter a 30‑day grace period. After this period, any unused credits expire.
• Free Plan Limitations: After downgrading, you receive a one‑time allocation of free credits; free credits do not replenish monthly.
• Top‑Up Credits: Credits purchased separately are not tied to your subscription and do not expire when downgrading or canceling.
• Credit Usage Order: Kukarella deducts credits in the following order: free credits → subscription credits (or grace‑period credits) → top‑up credits.

We reserve the right to adjust credit policies with prior notice.

19. Modifications to Service and Terms

We reserve the right to modify these Terms and the Service at any time. Notices of material changes will be sent to you via email and/or posted on our website, ensuring you are informed in a timely and visible manner. Continuous use of the Service after such modifications signifies your acceptance of the new Terms.

20. Accessibility and User Rights

For accessible formats of these Terms or additional legal explanations, contact support@kukarella.com. For data‑access or deletion requests, follow the procedures described in our Privacy Policy.

21. Refund Policy

All subscription fees are non‑refundable except as follows: If you request a refund within 15 calendar days of your initial payment, we provide a refund at our discretion provided your usage has not exceeded reasonable limits during that period. Contact support@kukarella.com for refund requests.

22. Third‑Party Content and Sites

We are not liable for third‑party websites or services linked or integrated with our Service. Your interactions with third parties are between you and them.

23. Service Availability

The Service may be unavailable temporarily for maintenance or other reasons. We aim to notify users in advance of scheduled downtime. In the event of prolonged disruptions, affected subscription users will receive compensatory credits.

24. Termination

We reserve the right to terminate your access for material breaches, legal violations, or misuse. Users have 60 days after termination to retrieve and export User Content. Upon termination, any unused subscription credits will be removed unless otherwise specified in the Credit Policy.

25. Jurisdiction‑Specific Terms

These Terms constitute the common terms governing use of the Service by users from all jurisdictions. You are responsible for complying with all applicable local laws.

26. Community Standards

For features involving user communities, you agree to comply with our Community Standards. We reserve the right to remove content that violates these standards or the law.

27. Subcontractors

We may use third‑party subcontractors who are obligated to comply with strict data privacy requirements. Their performance issues will not diminish your rights under these Terms.

28. Complaint Process

For complaints, contact support with a target resolution time of 5 business days. Follow our Public Complaint Policy for unresolved issues.

29. User Responsibilities

Your key responsibilities include:

• Securing account credentials, monitoring activity, and notifying us of unauthorized use.
• Maintaining accurate contact information.
• Exercising sound judgment in sharing data.
• (All requirements around Voice Agents and AI‑generated speech appear under Section 6 "Your Use of the Service.")

30. Force Majeure

Kukarella is not liable for any delay or failure to perform due to events outside our reasonable control, including acts of God, terrorism, war, civil unrest, communication line failures, power failures, or government acts.

31. Severability

If any part of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

32. Feedback and Ideas

While we welcome and value your feedback and ideas, please understand that by submitting them, you agree not to expect any form of compensation or recognition for your contributions, unless explicitly negotiated and agreed upon in writing with Kukarella. Your submissions help us improve our Service for all users.