Terms of Use
Last Updated: April 2, 2026
We are KENKOU AI Inc. (“Company,” “we,” “us,” “our”), a company registered in British
Columbia, Canada at 2880 Woodbine Dr., North Vancouver BC, V7R 2S1.
These terms of use (“Terms of Use”) constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”), and Company, concerning your access to and
use of the Services. You agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms may be posted on the Services and are incorporated by reference. We
reserve the right to modify these Terms of Use at any time, and any changes will be reflected by
updating the last updated date. It’s your responsibility to review these terms periodically. By
continuing to use the Services after changes are posted, you accept the updated terms.
1. SERVICES
We operate the platform titled “Swell” (the “Platform”), as well as any other related products
and services that refer or link to these Terms of Use (collectively, the “Services”). You can contact
us by email at support@swell.ai for support and more information.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Our intellectual property. We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Provider
Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
The Provider Content and Marks are provided in or through the Services “AS IS” for your non-
commercial use only.
2.2 Your use of our Services. Subject to your compliance with these Terms of Use, including
the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable,
revocable license to:
▪ access the Services and
▪ download or print a copy of any portion of the Provider Content to which you have properly
gained access; solely for your non-commercial use.
No part of the Services, Provider Content, or Marks may be copied, reproduced, or exploited for
commercial purposes without our prior written permission. We reserve all rights not explicitly
granted. Any violation will result in immediate termination of your right to use the Services.
2.3 Feedback. We may use any feedback or suggestions that you give us in any manner
which we see fit (for example, to develop new features), and no benefit will be owed to you as a
result of any use by us of your feedback or suggestions. You grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right,
and license to use your feedback.
2.4 Ownership of Inputs & Outputs.
(a) You may be permitted to submit text, documents, images or other inputs to our Service
(“Inputs”) and receive output generated and returned by the Services based on the Inputs
(“Outputs”). Inputs and Outputs are collectively referred to as “Content”.
(b) You are responsible for all Inputs you submit to our Services. By submitting Inputs to our
Service, you represent, warrant and agree that you have all rights, licenses and
permissions necessary for us to use and process the Inputs and to generate Outputs. You
retain ownership of any Inputs. We reserve the right to edit, relocate, or delete Input at our
discretion, without notice, and are not obligated to monitor them.
(c) You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable and
non-transferable right and licence to use any Content solely for the purposes of (i)
performing of our obligations or exercising our rights under these Terms of Use; and (ii)
creating derivative works of any Content; and (iii) for maintaining, promoting and
improving the Services, including training, improving and optimizing artificial intelligence
models and developing new offerings, features and functionalities.
(d) You agree that we shall have no liability to you for any loss or corruption of any data
submitted, and you hereby waive any right of action against us arising from any such loss
or corruption of such data.
(e) When you use our Services, we may create anonymized statistical data from your usage
of our Services (for example, through aggregation). Once anonymized, we own that data
and may use it for our own purposes, such as to provide and improve our Services, to
develop new services or product offerings, to identify business trends, and for other uses
we communicate to you. This may include making such anonymized data publicly
available, provided it is not compiled using a sample size small enough to make your data
or identity identifiable.
(f) Where we are required by law to report on our activities, you acknowledge that from time
to time we may request certain information from you in order to meet our requirements,
and you agree to provide us with such information within the timeframes reasonably
requested by us.
If you believe that any material available on or through the Services infringes upon any copyright
you own or control, please immediately notify us using the contact information provided below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(a) all registration information you submit will be true, accurate, current, and complete;
(b) you will maintain the accuracy of such information and promptly update such registration
information as necessary;
(c) you have the legal capacity and you agree to comply with these Terms of Use;
(d) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use the Services;
(e) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise;
(f) you will not use the Services for any illegal or unauthorized purpose; and
(g) your use of the Services will not violate any applicable law or regulation.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your User ID and
password confidential. You will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may only access or use the Services for their intended purpose. Commercial use is not
permitted unless explicitly approved in writing by us.
As a user, you agree not to:
i. Retrieve data or content from the Services to create collections or databases.
ii. Circumvent, disable, or interfere with security features, including those that limit copying or
usage of content.
iii. Disparage or harm us or the Services in any way.
iv. Use information from the Services to harass, abuse, or harm others.
v. Use the Services in violation of applicable laws or regulations.
vi. Engage in unauthorized framing or linking to the Services.
vii. Upload or transmit viruses, spam, or disruptive materials that impair the Services or its
features.
viii. Remove copyright or proprietary rights notices from any content.
ix. Upload or transmit spyware or other tracking mechanisms.
x. Interfere with or disrupt the Services or connected networks.
xi. Copy, adapt, decompile, disassemble, or reverse-engineer any software part of the
Services.
xii. Use any automated system to access or scrape the Services.
xiii. Use the Services for commercial purposes or in competition with us.
6. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (i) monitor the Services for violations of these
Terms of Use; (ii) take appropriate legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (iii) in our sole discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (iv) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Services.
7. MODIFICATIONS AND INTERRUPTIONS
7.1 While we strive to always make our Services available to you, we do not make any
promises that these will be available 100% of the time. Our Services may be disrupted during
certain periods, including, for example, as a result of scheduled or emergency maintenance.
7.2 Our Services may interact with, or be reliant on, products or services provided by third
parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are
not liable for disruptions or downtime caused or contributed to by these third parties.
7.3 The Services may be unavailable due to hardware, software, or maintenance issues,
and we are not liable for any loss, damage, or inconvenience caused by such downtime. We are
not obligated to maintain, update, or provide corrections to the Services.
7.4 We reserve the right to modify or remove the contents of the Services at our discretion,
without notice, and are under no obligation to update any information. We are not liable for any
changes, price adjustments, suspensions, or discontinuations of the Services.
8. PRIVACY POLICY
Please review our Privacy Policy, available on our website, to understand how we may collect and
use your data. By using the Services, you agree to the Privacy Policy. You must only disclose
personal information to us if you have the right to do so (such as having the individual’s express
consent). We may need to disclose personal information to third parties, such as our related
companies or our service providers (for example, IT and administrative service providers and our
professional advisors).
9. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Opening several accounts to avoid any restrictions, is prohibited and will lead to limitations being
placed by the discretion of the Company.
10. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
11. DISCLAIMER
11.1 THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” YOUR USE OF THE
SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
SERVICES’ CONTENT, OR CONTENT ON LINKED WEBSITES, AND WE ASSUME NO
LIABILITY FOR ERRORS, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED
ACCESS, INTERRUPTIONS, BUGS, VIRUSES, OR ANY LOSS RESULTING FROM USE OF
THE SERVICES.
11.2 YOU HEREBY ACKNOWLEDGE AND AGREE THAT OUTPUTS GENERATED BY THE
PROVIDER’S CONTENT AND SERVICES BY ARTIFICIAL INTELLIGENCE MAY CONTAIN
ERRORS OR INACCURACIES AND ACCORDINGLY SHOULD NOT BE RELIED UPON
WITHOUT INDEPENDENT REVIEW BY YOU.
11.3 The Service may contain links to other websites not operated or controlled by us, including
social media services (“Third Party Sites”). The information that you share with Third Party Sites
will be governed by the specific privacy policies and terms of service of the Third-Party Sites and
not by our Privacy Policy. By providing these links we do not imply that we endorse or have
reviewed these sites. Please contact the Third-Party Sites directly for information on their privacy
practices and policies.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due to or arising from:
(a) your Inputs; (b) your use of the Services; (c) your breach of these terms under these Terms of
Use; (d) any breach of your representations and warranties in these Terms of Use; (e) your
violation of third-party rights, including intellectual property rights; or (f) any harmful act towards
another user of the Services you interacted with.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter
you are required to indemnify us for, and you agree to cooperate with us in defending such claims,
also at your expense. We will make reasonable efforts to notify you of any claim, action, or
proceeding that is subject to this indemnification once we become aware of it.
13. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE
FOR, AND YOU RELEASE US FROM LIABILITY FOR, ANY LIABILITY CAUSED OR
CONTRIBUTED TO BY, ARISING FROM OR IN CONNECTION WITH USE OF SERVICES.
14. ELECTRONIC COMMUNICATIONS
By using the Services, sending emails, and completing online forms, you consent to electronic
communications. You agree that all agreements, notices, disclosures, and other communications
provided electronically (via email or the Services) meet legal requirements for written
communications. You also consent to the use of electronic signatures, contracts, orders, and
records, as well as the electronic delivery of notices, policies, and transaction records. You waive
any rights or requirements under laws that require original signatures or non-electronic records.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and your use of the Services are governed by and construed in accordance
with the laws of the Ontario, Canada applicable to agreements made and to be entirely performed
within Ontario, Canada, without regard to its conflict of law principles.
16. MISCELLANEOUS
These Terms of Use, along with any policies or operating rules posted by us on or in connection
with the Services, constitute the complete and exclusive agreement between you and us. Our
failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as
a waiver of that right or provision. These Terms of Use are intended to be fully enforceable as
allowed by law. We may assign any or all our rights and obligations to third parties at any time. We
shall not be liable for any loss, damage, delay, or failure to act caused by circumstances beyond
our reasonable control. If any provision or part of a provision of these Terms of Use is deemed
unlawful, void, or unenforceable, that provision will be severed from these Terms of Use, and the
remaining provisions will remain valid and enforceable. These Terms of Use do not create a joint
venture, partnership, employment, or agency relationship between you and us. You agree that
these Terms of Use will not be construed against us simply because we drafted them. You hereby
waive any defenses you may have based on the electronic form of these Terms of Use or the
absence of signatures from the parties involved.
17. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding use of
the Services, please contact us at support@swell.ai.