Effective Date: December 17, 2024
These Terms of Use (“Terms”) govern your access to and use of the Kolay mobile application (the “App”) provided by Dalipen Media LLC (“we,” “our,” or “us”). By downloading, installing, or using Kolay, you agree to these Terms. If you do not agree to these Terms, you should not use the App.
1. Acceptance of Terms
By using Kolay, you acknowledge and agree to comply with these Terms and all applicable laws. We reserve the right to modify these Terms at any time. Any updates will be posted within the App, and your continued use of Kolay after changes are posted will be considered as your acceptance of the updated Terms.
2. License to Use the App
Dalipen Media LLC grants you a non-exclusive, non-transferable license to download, install, and use Kolay on your personal mobile device for personal, non-commercial purposes. This license does not grant you ownership rights to the App or its content.
3. User Responsibilities
You agree to:
Use Kolay only for lawful purposes and in accordance with these Terms.
Protect your account credentials and not share them with others.
Provide accurate, up-to-date information when requested by the App.
Refrain from uploading, posting, or transmitting content that is harmful, offensive, or illegal.
Not reverse engineer, decompile, or otherwise attempt to derive the source code or underlying structure of the App.
4. Data Collection and Privacy
Kolay collects certain data from your device, including:
Camera Access: For capturing media used in video creation.
Photo Library Access: To import images and videos from your gallery.
Network Access: For connecting to remote AIGC services.
Usage Data: Information about your interaction with the App, including device type, operating system, and features accessed.
For details on how we collect, use, and protect your data, please refer to our Privacy Policy.
5. Third-Party Services
Kolay may integrate third-party services, including AIGC services for video generation. By using the App, you consent to these third-party services and agree to comply with their terms and privacy policies. Dalipen Media LLC is not responsible for the actions or policies of these third-party providers.
6. User-Generated Content
6.1 Ownership
You retain ownership of any content you upload to Kolay (e.g., images, videos, audio). However, by uploading content, you represent and warrant that:
You own the content or have obtained all necessary rights and permissions to upload and distribute it.
The content does not infringe third-party rights.
If your content includes music, you confirm:
You are the original creator or have permission from the copyright holder to use, distribute, and share it.
You must provide proof of authorization upon request.
Dalipen Media LLC does not claim ownership of your content but reserves the right to remove any content that violates these Terms or applicable laws.
6.2 Copyright Compliance
Users must not upload copyrighted music, soundtracks, or other intellectual property without proper authorization. If you upload unauthorized content, you will be solely responsible for any legal issues arising from it. We may remove any infringing content without notice.
6.3 Music Usage Restrictions
If you upload music, you confirm it complies with all copyright laws. Dalipen Media LLC does not provide legal clearance for uploaded music. You are responsible for ensuring your content, including music, is cleared for distribution outside Kolay.
7. Prohibited Activities
You agree not to:
Upload content that infringes the intellectual property rights of others.
Use the App in a way that may harm, disable, or impair its functionality or affect others’ experience.
Engage in activities that compromise the security of the App.
Use Kolay for unlawful purposes or activities.
8. Termination
Dalipen Media LLC may suspend or terminate your access to Kolay if you violate these Terms. Upon termination, you must stop using the App and uninstall it from your device. We may also limit or restrict access for reasons such as maintenance or service interruptions.
9. Limitation of Liability
To the maximum extent permitted by law, Dalipen Media LLC and its affiliates are not liable for any indirect, incidental, or consequential damages, including loss of data or profits, arising from your use or inability to use Kolay. Your sole remedy for dissatisfaction with the App is to stop using it.
10. Indemnification
You agree to indemnify, defend, and hold harmless Dalipen Media LLC, its affiliates, employees, contractors, agents, and licensors from any claims, damages, liabilities, and expenses arising from your use of Kolay, your content, or any violation of these Terms.
11. Governing Law
These Terms are governed by the laws of [Insert Jurisdiction], without regard to its conflict of law principles. Any legal action relating to these Terms will be brought exclusively in the courts of [Insert Location].
12. Dispute Resolution
If a dispute arises, you agree to attempt to resolve it through informal negotiations. If resolution is not achieved, the dispute will be settled through binding arbitration in accordance with the rules of [Insert Arbitration Organization].
13. Contact Us
For questions about these Terms or the Kolay App, please contact us at: