Disclaimer

This disclaimer is designed to protect YOKR SASU, the operator of Klyr, by setting clear boundaries for service limitations, user responsibilities, and the legal framework governing our platform. Users are advised to read and understand this disclaimer before using Klyr’s services. If you do not agree with these terms, please discontinue use of the platform.

1. General Disclaimer

Klyr is an AI-powered SaaS platform designed to assist with community management and interaction on third-party platforms. While we strive to deliver innovative and reliable services, certain inherent limitations apply.

1.1 Nature of Services

  1. Purpose of Klyr:
    • Klyr facilitates community interaction by providing tools such as discussion moderation, query responses, and engagement tracking. It is not a replacement for human decision-making or oversight and should be used as a supplementary tool.
  2. AI-Powered Responses:
    • Klyr’s AI generates responses based on user-provided input and system capabilities. The accuracy, appropriateness, and relevance of these responses are not guaranteed.
    • Users must independently verify critical information generated by the AI, especially in sensitive or technical contexts.
  3. Platform Integration:
    • Klyr operates through third-party platforms such as Telegram. These platforms are beyond YOKR SASU’s control, and service disruptions or changes arising from them are not the responsibility of Klyr.

1.2 Service Limitations

  1. No Guarantees:
    • All services are provided “as-is” without warranties, either explicit or implied. Performance may vary based on factors such as user input, platform functionality, or AI limitations.
    • Klyr does not guarantee uninterrupted availability or specific outcomes.
  2. External Dependencies:
    • Klyr’s reliance on external platforms and internet connectivity means that interruptions, delays, or functionality issues caused by these factors are outside of YOKR SASU’s liability.

1.3 User Responsibility:

  1. Appropriate Use:
    • Users are responsible for using Klyr ethically and in compliance with the terms of third-party platforms where Klyr operates.
  2. Data Accuracy:
    • Users must provide accurate data and instructions for optimal service delivery. Misuse or misrepresentation of information may result in suboptimal outcomes or account suspension.

2. Liability Limitation

This section defines the extent of YOKR SASU’s responsibility for damages arising from the use of Klyr’s services.

2.1 Scope of Liability

  1. Direct Liability Only:
    • YOKR SASU’s liability is limited to direct damages caused by verifiable breaches of its obligations under these terms. The maximum liability is capped at the total amount paid by the user for Klyr’s services in the 12 months preceding the claim.
  2. Exclusion of Indirect Damages:
    • YOKR SASU is not liable for indirect, incidental, or consequential damages, including but not limited to:
      • Loss of profits.
      • Business interruptions.
      • Loss of data or reputational harm.
    • Example: If Klyr’s AI generates an incorrect response that leads to financial loss, YOKR SASU is not liable for these indirect consequences.

2.2 AI Limitations

  1. Potential Errors:
    • Klyr’s AI may produce errors, omissions, or unexpected outputs due to the limitations of its programming and contextual understanding.
    • Users are solely responsible for verifying AI-generated information before acting on it.
  2. Verification Requirement:
    • In critical or sensitive contexts (e.g., financial advice, technical troubleshooting), users must consult qualified professionals and not rely solely on Klyr’s AI.

2.3 External Factors and Force Majeure

  1. Third-Party Platforms:
    • Issues caused by third-party platform outages, changes, or restrictions are beyond YOKR SASU’s control. Klyr disclaims liability for any resulting service disruptions.
  2. Force Majeure:
    • Events such as natural disasters, cyberattacks, or widespread internet outages constitute force majeure. In such cases:
      • YOKR SASU will make reasonable efforts to restore services.
      • However, the company is not liable for delays or interruptions caused by these extraordinary events.

3. Regulatory Compliance Disclaimer

YOKR SASU operates within strict legal and regulatory frameworks to ensure compliance with applicable laws, particularly in data protection and potential future tokenization.

3.1 GDPR Compliance

  1. Data Protection Standards:
    • Klyr complies with the General Data Protection Regulation (GDPR) for data collection, processing, and storage.
    • All personal data is handled securely, with measures in place to prevent unauthorized access or misuse.
  2. User Rights:
    • Users retain the right to:
      • Access their stored data.
      • Request corrections or deletions.
      • Revoke consent for data processing at any time.
    • Example: A user can request a summary of their data processed by Klyr through support channels.

3.2 Token Regulations

  1. Future Tokenization:
    • If Klyr introduces a token system, it will comply with all relevant regulations, including the EU’s Markets in Crypto-Assets (MiCA) framework.
    • Tokens will be issued for utility purposes only and not as speculative assets.
  2. Speculative Risks:
    • Users engaging in token transactions or trading assume all associated risks. YOKR SASU is not responsible for token value fluctuations or third-party exchange issues.

3.3 Cross-Border Compliance

  1. International Use:
    • Users outside the EU must ensure their use of Klyr complies with local laws and regulations.
  2. Export Restrictions:
    • Klyr’s services are subject to EU export controls and may not be used in prohibited regions or for unauthorized purposes.

4. Future-Oriented Features Disclaimer

Klyr is a dynamic platform that evolves to meet the changing needs of its users. This section clarifies the scope and limitations of potential future features, such as token integration, advanced decentralization, and enhanced AI functionalities.

4.1 Placeholder for Future Features

  1. Vision Without Guarantees:
    • Descriptions of potential features, including token payment discounts, developer compensation in tokens, and decentralized governance, are forward-looking and aspirational.
    • These features are not guaranteed and may be modified, delayed, or canceled without prior notice.
  2. Illustrative Examples:
    • Tokens could allow users to access premium features, participate in governance, or earn rewards for contributions like developing APIs. However, such examples are speculative and subject to change.

4.2 Non-Binding Roadmaps

  1. Dynamic Evolution:
    • Any roadmaps shared with the community are illustrative and not legally binding. YOKR SASU reserves the right to adjust timelines and priorities based on technical, regulatory, or business considerations.
  2. Community Feedback:
    • While user feedback is encouraged, YOKR SASU retains full control over feature development and implementation.

4.3 Communication of Changes

  1. Advance Notice:
    • Significant updates, such as the introduction of tokens or governance features, will be communicated to users at least 30 days in advance through email and platform announcements.
  2. Optional Participation:
    • Users may opt out of new features if they prefer to continue using the platform in its current state, provided this does not conflict with the operational requirements of Klyr.

4.4 Compliance with Regulatory Standards

  1. MiCA and GDPR Alignment:
    • Future token systems will comply with the Markets in Crypto-Assets (MiCA) framework and GDPR standards.
  2. KYC and AML Compliance:
    • Token use will incorporate robust know-your-customer (KYC) and anti-money laundering (AML) protocols to ensure legal adherence and platform security.

5. User Responsibility Disclaimer

Users play an essential role in maintaining the ethical and secure operation of Klyr. This section defines user obligations, sets clear boundaries for acceptable behavior, and outlines penalties for misuse.

5.1 Ethical Use and Compliance

  1. Appropriate Use:
    • Klyr must be used solely for its intended purpose of community management. Prohibited activities include, but are not limited to:
      • Harassment, discrimination, or hate speech.
      • Fraudulent activities or dissemination of false information.
      • Exploitation of platform vulnerabilities for personal or financial gain.
  2. Compliance with Third-Party Rules:
    • Users must adhere to the terms of third-party platforms (e.g., Telegram, Slack) where Klyr operates. Violations of these rules may result in suspension or termination of Klyr services.

5.2 Security Responsibilities

  1. Account Protection:
    • Users are responsible for safeguarding their account credentials and ensuring that no unauthorized access occurs.
    • Sharing login details or enabling unauthorized access is strictly prohibited.
  2. Reporting Breaches:
    • Users must immediately notify Klyr’s support team of any suspected security breaches, unauthorized account access, or misuse.

5.3 Data Accuracy

  1. User-Provided Data:
    • Users must ensure the accuracy of data and queries provided to Klyr’s AI. Inaccurate, misleading, or harmful data may compromise service quality and violate these terms.
  2. Intellectual Property Ownership:
    • Users confirm they own or have the rights to use any data, queries, or content shared with Klyr.

5.4 Liability for Misuse

  1. Consequences of Violations:
    • Users who violate these terms may face the following actions:
      • Temporary or permanent suspension of their accounts.
      • Termination of services without refund.
      • Legal action to recover damages or penalties incurred by YOKR SASU or affected third parties.
  2. Indemnification:
    • Users agree to indemnify YOKR SASU against any claims, damages, or legal disputes arising from their misuse of Klyr’s services.

6. Dispute Resolution Disclaimer

YOKR SASU is committed to resolving disputes efficiently and transparently. This section outlines the process for dispute resolution and clarifies the legal framework governing such conflicts.

6.1 Governing Law and Jurisdiction

  1. French Law:
    • These terms are governed by the laws of France. Any disputes will be adjudicated under the exclusive jurisdiction of the courts of Grenoble, France.
  2. International Compliance:
    • Users accessing Klyr from outside France are responsible for ensuring compliance with their local laws. YOKR SASU disclaims liability for violations of non-French regulations.

6.2 Dispute Resolution Process

  1. Informal Resolution:
    • Users are encouraged to contact Klyr’s support team to resolve disputes informally before pursuing formal proceedings.
  2. Mediation and Arbitration:
    • If informal resolution fails, disputes may proceed as follows:
      • Mediation: A neutral mediator facilitates discussions between the parties to reach a voluntary agreement.
      • Arbitration: An impartial arbitrator renders a binding decision on the dispute.

6.3 Timeframes and Costs

  1. Filing Deadlines:
    • Claims against YOKR SASU must be filed within one year of the event giving rise to the dispute.
  2. Shared Costs:
    • Mediation and arbitration costs will be shared equally by both parties, except where one party acts in bad faith.

6.4 Finality of Resolution

  1. Binding Decisions:
    • Arbitration decisions are final and enforceable. Users waive their right to pursue further legal action once arbitration is concluded.
  2. Exclusions:
    • Disputes involving intellectual property or unauthorized platform use may bypass arbitration and proceed directly to court.

7. Indemnification Disclaimer

Indemnification ensures that users assume responsibility for their actions while using Klyr and protects YOKR SASU from undue legal and financial burdens. This section details the scope, obligations, and enforcement of indemnification.

7.1 User Liability

  1. Scope of Responsibility:
    • Users are solely responsible for:
      • Content they generate, share, or manage via Klyr.
      • Actions that lead to legal claims, penalties, or damages involving third parties.
    • This includes user misuse, AI outputs resulting from inappropriate inputs, or violations of third-party platform rules.
  2. Third-Party Claims:
    • If third parties bring claims against YOKR SASU due to user actions, the user shall be responsible for all related costs, damages, and penalties.

7.2 Indemnification Obligations

  1. Legal and Financial Coverage:
    • Users agree to indemnify, defend, and hold harmless YOKR SASU, its employees, affiliates, and agents against:
      • Legal claims arising from user-generated content or misuse.
      • Violations of platform rules or intellectual property rights.
      • Financial damages, including court costs and attorney fees.
  2. Reimbursement:
    • Users must promptly reimburse YOKR SASU for any costs incurred due to claims or disputes arising from their actions.

7.3 Enforcement and Cooperation

  1. Mechanisms for Enforcement:
    • If users fail to fulfill indemnification obligations, YOKR SASU reserves the right to:
      • Suspend or terminate services.
      • Pursue direct recovery through legal channels or withheld payouts (e.g., token-based rewards).
  2. User Cooperation:
    • Users must assist YOKR SASU during disputes, including providing necessary documentation, evidence, or testimony to resolve claims.
  3. No Admission of Liability:
    • Agreeing to indemnify YOKR SASU does not imply that the company admits liability or wrongdoing in any dispute.

8. Force Majeure Disclaimer

The Force Majeure disclaimer safeguards YOKR SASU against liability for disruptions caused by extraordinary circumstances beyond its control. This section defines such events and their implications for Klyr’s operations.

8.1 Definition of Force Majeure

  1. Uncontrollable Events:
    • Force majeure includes, but is not limited to:
      • Natural disasters (e.g., earthquakes, floods, hurricanes).
      • Infrastructure failures (e.g., power outages, internet disruptions).
      • Cyberattacks, malware incidents, or widespread security breaches.
      • Political upheaval (e.g., wars, strikes, government-imposed restrictions).
  2. Platform-Specific Events:
    • Third-party platform outages or disruptions (e.g., Telegram downtime) that impact Klyr’s service delivery also qualify as force majeure.

8.2 Service Continuity

  1. Efforts to Maintain Operations:
    • YOKR SASU will make reasonable efforts to resume normal operations as quickly as possible during a force majeure event.
  2. Temporary Suspension:
    • Services may be temporarily suspended during prolonged disruptions. In such cases:
      • Users will receive regular updates about the status of the disruption.
      • Services may be prioritized based on the severity of the event.

8.3 Limitation of Liability

  1. Exclusions:
    • YOKR SASU is not liable for:
      • Lost profits or opportunities during disruptions.
      • Loss or corruption of user data due to force majeure events.
    • Users are responsible for regularly backing up critical data to prevent losses.
  2. No Compensation:
    • Users are not entitled to refunds, credits, or compensation for disruptions caused by force majeure events.

8.4 User Obligations

  1. Proactive Measures:
    • Users should implement backup plans to ensure community management continuity during service outages.
  2. Communication:
    • Users must provide feedback on service priorities if specific needs arise during extended force majeure disruptions.

9. Amendments and Updates Disclaimer

YOKR SASU retains the right to amend Klyr’s terms, features, and policies to reflect evolving business needs, regulatory requirements, or user feedback. This section ensures transparency and fairness in implementing updates.

9.1 Right to Amend

  1. Scope of Changes:
    • Amendments may include updates to:
      • Service features or functionality.
      • Pricing models and payment terms.
      • Data handling practices and privacy policies.
      • Token-related features or decentralized governance mechanisms.
  2. Company Discretion:
    • Changes will be made at the discretion of YOKR SASU. While user feedback may be considered, the company is not obligated to seek user approval before implementing updates.

9.2 Notification of Updates

  1. Advance Notice:
    • Users will be notified of significant changes at least 30 days before their effective date via:
      • Email communication.
      • Notifications within the Klyr platform.
  2. Implementation:
    • Minor changes, such as corrections or clarifications, may be implemented immediately without prior notice.

9.3 User Rights

  1. Option to Terminate:
    • Users who disagree with amendments may terminate their accounts before the effective date of the changes without incurring penalties.
  2. Access to Archived Terms:
    • Previous versions of the terms will remain accessible for a reasonable period to ensure transparency and user reference.

9.4 Transparency and Community Engagement

  1. Public Roadmaps for Major Changes:
    • Significant updates, such as the introduction of token systems or governance changes, will be communicated through public roadmaps to involve the user community.
  2. Feedback Mechanisms:
    • Users will have opportunities to provide input through surveys, forums, or polls on proposed changes.