KulaMind Policies

KulaMind Privacy Policy

Last modified: May 28, 2024

Thank you for using KulaMind, Inc. Sites ("KulaMind" or the "Company") and Apps ("the Services"). This Privacy Policy is designed to help you understand how we collect, use, disclose, and safeguard your personal information when you use our Service.

This privacy policy describes how we collect, use, or disclose information about you and your use of the Services. By accepting the KulaMind Terms of Use, you confirm that you have read and understand this Privacy Policy and you acknowledge that we will store, use, and otherwise process your information in the United States where we are located. References to "KulaMind," "Company", "we" or "us" means KulaMind Inc. except as otherwise noted in this Privacy Policy, KulaMind is the data controller responsible for the processing of your personal information as described in this Privacy Policy.

Some of our Services do not retain your personal information (such as simply visiting our website or app), while others (such as our registration-driven Mental Health Support Chatbot) store your personal email you use to register your account with us in accordance with this Privacy Policy. Even if you do not register with or provide any personal information to KulaMind, we collect information about your use of the KulaMind Services.

Having said that, when you use the Services, we collect information as follows:

Registration

Our primary Services require registration with KulaMind using an email address of your choice. We also offer the option to sign in using single-sign-on services such as "Sign in with Google." By using these services, you agree to their terms and conditions, releasing KulaMind from liability. However, you can always register with an email address. When registering or updating your KulaMind account, you may need to provide personal information, like gender or age verification. You are responsible for the accuracy of this information. To operate your KulaMind Support Chatbot, we collect and store information directly or indirectly from you. This data is not used for marketing and is only used as specified in our Privacy Policy.

You may have the opportunity to sign up using Public Mode or Private Mode. More information regarding how data retention and protection applies to these different modes can be found in the "How Your Information is Secured and Retained" section of this Privacy Policy.

Interactive Services

Some of our Services, such as the KulaMind Support Chatbots, are interactive and may request that you submit health-related information, along with other information such as your age and gender. KulaMind may also collect, use, and store general data regarding your sessions such as timing of sessions and whether your session was completed or abandoned.

In addition, KulaMind may aggregate general information pertaining to user demographics to our business partners, for such matters as research and measurement purposes, including measuring the effectiveness of content or programs.

Correspondence Sent to KulaMind

We collect any information you give us voluntarily, such as information you write to us in an email, leave on a voicemail, or send in a letter. If you want to keep this information private or proprietary, do not send it in an email or otherwise provide the information to KulaMind.

Services and Device Information

When you use KulaMind services, we may automatically collect and store certain information from your device and browser, including:

  • Your IP address and device identifier

  • Browser details (including referring URL)

  • Your preferences and settings

  • Cookies and data about viewed content and actions (e.g., searches, ad interactions) which you can manage in your browser settings

We may also gather device-specific information, such as:

  • Device model

  • Operating system details

  • Advertising ID

If you grant permission, we may collect precise location data from your mobile device, which you can disable in your device settings.

Cookies and Other Tracking Technologies

We may use cookies and similar tracking technologies to enhance your user experience and gather information about your browsing behavior on our website. You can manage your cookie preferences through your browser settings.

Categories of Personal Information Collected

The KulaMind Services currently collects preferred name, email, age, and any content derived from chat messages. Other categories of information that might be collected include:

  1. Identifiers (contact details such as real name, alias, postal address, telephone or mobile contact number, email address and account name)

  2. Protected Classification Characteristics (gender and date of birth)

  3. Commercial Information (transaction data, purchase history, financial details and payment information)

  4. Biometric Information (fingerprints and voiceprints)

  5. Online Activity (browsing history, search behavior, and interactions online)

  6. Geolocation data (device location)

  7. Audio and Visual Information (images, audio, video, or call recordings)

  8. Professional and Employment Info (job-related data for service and employment)

  9. Education Information (student records and directory information)

This data may be gathered when you (a) seek assistance through our customer support channels, (b) participate in customer surveys or contests, (c) utilize our Services, and/or (d) reach out with inquiries.

How Your Information is Secured and Retained

The security of your personal information, including registration email, name, age, gender, and voluntarily disclosed information via our Services, is a top priority. We've implemented robust technical and organizational measures to safeguard your data from loss and unauthorized access, including:

  • Security software for confidentiality

  • Secure Socket Layer/Transport Layer Security for online data

  • Frontend data stored in secure Google Cloud storage

  • Firewalls and encryption methods

  • Routine compliance reviews

  • Restricted employee access

Upon signing up, users may have the opportunity to utilize the Services in either Public or Private Mode. Messages sent with Public Mode will be encrypted, however we will receive a copy of the messages with identifying information removed. Everything sent within Private Mode will be encrypted.

While we implement reasonable security measures to protect your personal information, it's important to note that no internet or wireless data transmission can be entirely secure. Therefore, you acknowledge that:

  1. The internet has inherent security and privacy limitations beyond our control.

  2. The security, integrity, and privacy of data exchanged between you and us through this site can't be guaranteed.

  3. Data transmission may be viewed or tampered with by third parties during transit.

Any transmission of personal information is at your own risk, and we are not liable for circumvention of privacy settings or security measures on our website or services.

Your Choices and Rights

Your personal data belongs to you, and you have certain rights:

  1. Right to Information: You have the right to know how we collect and use your data.

  2. Right of Access: You can request access to your data and related information.

  3. Right to Rectify: If there are errors in your data, you can request corrections.

  4. Right to be Deleted: You can ask for your data to be deleted.

  5. Right to Restrict Processing: You can block or suppress the processing of your data.

  6. Right to Data Portability: You can move, copy, or transfer your data between IT environments.

  7. Right to Withdraw Consent: You can withdraw your consent for data processing.

  8. Right to Complain: You can file a complaint with your local authority.

  9. Right to Non-Discrimination: You won't face discrimination for exercising your privacy rights, though some services may be limited if specific rights like "right to be deleted" are invoked.

How Your Information is Used

  • To provide, improve, and create new Services.

  • To respond to your inquiries and send administrative communications.

  • To gather feedback about the Services.

  • To send secure messages and personalized emails based on your interests.

  • To analyze trends, user behavior, and activity.

  • To detect and defend against fraud and threats.

  • To identify issues with the Services.

  • To conduct research and measurement activities.

  • To administer your account.

The majority of data derived from chatbot correspondence will be collected from individuals utilizing our Services. The primary use of this data is to improve the Services, specifically regarding engagement and efficacy.

Sharing Your Information with KulaMind Affiliates

Subject to your consent, we may share your information with our affiliated entities. In the event of a change in corporate control, such as a sale, merger, asset transfer, or bankruptcy, KulaMind reserves the right to transfer your personal information to the acquiring party. Your personal data will continue to be managed in accordance with this Privacy Policy, unless modifications are enacted as outlined in the "Changes to This Privacy Policy" section.

Companies and Contractors that Work with KulaMind

KulaMind collaborates with third-party firms and contractors to support our Services and the operation of our platforms. These partners may have limited access to your data while assisting us. We have strict contractual agreements in place, ensuring that these third-party service providers and contractors only use your information for the specific services they provide to KulaMind and do not disclose it for other purposes.

Compliance with Law, Regulation, and Law Enforcement Requests

To comply with legal obligations and cooperate with government and law enforcement authorities, we may disclose personal information to third parties in the following situations: (1) when required by law, such as in response to a regulation, search warrant, subpoena, or court order, (2) when we genuinely believe that disclosure is essential to safeguard our rights, ensure your safety, investigate fraud, or respond to government requests, or (3) in exceptional circumstances, such as when there is a physical threat to you or others, to protect property, or to assert legal rights.

Updating/Removing Your Personal Information

You can correct, update, or review personal information via the site or by contacting us directly. You may delete any of your provided registration information by contacting us directly. Upon your request, we will delete your registration information from our active databases and back-up media when feasible. We may not delete your data if it's needed for:

  1. Completing a transaction or providing a service you requested.

  2. Detecting and preventing security issues or illegal activity.

  3. Debugging for product functionality.

  4. Protecting free speech, legal rights, or complying with the law.

  5. Supporting research in the public interest.

  6. Internal uses aligned with your expectations.

  7. Legal obligations or compatible lawful uses.

Minors

We are committed to protecting the privacy of minors. The KulaMind Services are not designed or intended for use by children under the age of 18. The KulaMind Sites do not collect personal information from any individual known to be under the age of 18. By using the Services, you verify that you are at least 18 years old. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and promptly delete the data from our records.

Users Outside of the United States

KulaMind and our technical infrastructure are located in the United States. If you are located in another jurisdiction, you should be aware that in order to provide the Services to you, we must transfer your personal information to our servers within the United States where it will be stored and processed in accordance with this Privacy Policy. By using the Services, you consent to such collection, understanding that data protection levels may differ from your country. We take reasonable steps to protect your information, but note that it may be accessible to U.S. government agencies under U.S. legal processes.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy and any of our Services at any time. Any changes will be effective upon posting. If we make any material changes to this Privacy Policy, we may notify you as a courtesy, but we encourage you to review this policy frequently for changes. By continuing to use the Services after changes are made to this Privacy Policy, you agree to such changes. Please exit the KulaMind Sites and Apps immediately and cease use of our Services if you do not agree to the terms of this Privacy Policy.

KulaMind Acceptable Use Policy

Last modified: May 28, 2024

You are responsible for your use of the Services and for any use of the Services made using your account. While using the Services, you agree to:

  1. Fraudulent, Misleading, or Inaccurate Behavior: Not engage in deceptive actions or communications.

  2. Infringement of Rights: Respect third-party proprietary rights, privacy, and publicity rights.

  3. Illegal Acts: Comply with all applicable laws and ethical codes and not engage in any illegal acts.

  4. Intellectual Property and Legal Rights: Not violate or infringe on intellectual property, privacy, publicity, or legal rights of others.

  5. Competing or Commercial Use: Not advertise, compete with us or our Services, resell, or make commercial use of our Services or Services content without prior consent.

  6. Inappropriate Content: Refrain from sharing explicit, offensive, threatening/harassing, defamatory, or discriminatory content.

  7. Interference with Services: Not disrupt or damage our Services or systems, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, or similar methods or technology.

  8. Automated Usage: Avoid using automated methods that overload our servers.

  9. Unauthorized Usage: Not use, display, or manipulate any individual element within the Services, proprietary information, or technical systems without written consent.

  10. Security Measures: Not tamper with security measures or attempt to breach our systems.

  11. Reverse Engineering: Not attempt to decipher, reverse engineer, or compromise our software or safety provisions.

  12. Safety and Advocacy: Not jeopardize the technical safety of our services or advocate harmful actions.

We reserve the right to investigate and enforce these prohibitions. We may involve law enforcement authorities when necessary. While we are not obligated to monitor your activities, we may do so to ensure compliance with these terms or applicable laws. We also reserve the right to remove any objectionable content or users at our discretion, without prior notice. We may disclose communications to protect users or prevent illegal actions. Neither we nor our licensors are liable for the actions or non-actions of users regarding the above activities.

Warranty Disclaimer

Last modified: May 28, 2024

The use of the Services is at your own risk. KulaMind does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Services are provided "AS IS" and "AS AVAILABLE" for your information and personal use only, without any warranty of any kind from KulaMind or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR WILL MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE, OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.

Limitation of Liabilities

Last modified: May 28, 2024

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA, OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Company, its licensors, or any third parties mentioned on the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date on which the event giving rise to such action occurred. Remedies under these Terms are exclusive and limited to those expressly provided for in these Terms.

We do not provide medical advice. While the Services may provide access to certain general medical information the Services cannot and are not intended to provide medical advice. The Services may provide general information to users for educational, informative and engagement purposes. All such information is not intended to replace or complement any professional medical consultation, advice, or treatment, which should be provided by a physician or other qualified healthcare professional. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. The provision of content through the Services does not create a medical professional-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided for educational and informational purposes only.

The Services include electronic interaction and communications with KulaMind. Our mental health support chatbots are not human and are artificial intelligence software that will respond to your communications based on our proprietary algorithms and the information you have provided us in your prior communications. The Services do not diagnose, treat, or cure a condition or disease and should not be construed as professional medical, psychological, or counseling advice. We cannot and do not represent, warrant, or guarantee the accuracy or suitability of any information provided by our chatbots. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse, or guarantee the content of any communications between you and KulaMind. We continue to improve our chatbots to make them more accurate, reliable, safe, and beneficial, but in some situations, our chatbots may provide inappropriate responses. We shall not be liable for any loss or damage caused by your reliance on any information received from our chatbots.

Indemnification

Last modified: May 28, 2024

You agree to indemnify and hold us, our affiliates, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, and successors harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of (a) any information that you or anyone using your account submits, posts, or transmits on or through the Services; (b) your or anyone using your account's use of or conduct on the Services; (c) the violation of these Terms or Acceptable Use Policy by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such a defense.

Disputes Policy

Last modified: May 28, 2024

Applicable Law

You and the Company agree that any legal claim or dispute arising from the Terms or your use of the Services will be resolved as outlined in this Section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

The Company and you agree that the Terms are governed by the Federal Arbitration Act ("FAA") and applicable federal law, including determinations of arbitrability. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate. The Terms shall be governed by the laws of North Carolina, without regard to principles of conflict of laws; foreign laws do not apply.

Legal notices shall be served on the Company's national registered agent (in the case of Company) or your email address on file with us (in your case). Notice by us to you shall be deemed given within twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to any physical address you have on file with us. In such a case, notice shall be deemed given three (3) days after the date of mailing. It is your responsibility to keep your contact information updated.

Prohibition of Class and Representative Actions and Non-Individualized Relief (the "Class Action Waiver")

YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR GROUP ACTION. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE IN A SEPARATE WRITTEN AGREEMENT, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER COMPANY USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH'S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND THE COMPANY'S RIGHT TO APPEAL THE COURT'S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.

WAIVER OF JURY TRIAL

IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

Informal Dispute Resolution

You agree that prior to submitting any dispute or claim to arbitration for resolution, you and the Company agree to make a good faith effort to resolve it informally. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at KulaMind, 251 west 91st street PHA, New York, NY 10024, Attn: Compliance Officer, of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the 60 days from receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which can be extended by agreement of the parties), you or we may commence arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. We will send any dispute related notice to you at the contact information we have for you. If, for some reason, the dispute is not satisfactorily resolved within thirty (60) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.

Arbitration with AAA

If we are unable to resolve the dispute through the mandatory informal dispute resolution process described herein, and except as set forth below, we and you agree to settle any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a "Claim") through binding and final arbitration, rather than through court proceedings. This arbitration will follow the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"), as applicable, with modifications outlined in this Agreement to Arbitrate. You can find the AAA Rules at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by a single arbitrator who will decide all claims in accordance with the laws of the State of North Carolina, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in previous arbitrations involving different Users but is bound by rulings in previous arbitrations involving the same User as required by applicable law. The arbitrator's decision in any such arbitration is final and binding and can be enforced in any court of competent jurisdiction. Both you and we agree that the arbitration proceedings will be kept confidential. The existence of the proceeding and any element of it, including pleadings, briefs, documents exchanged, testimony, oral submissions, and awards, will not be disclosed beyond the arbitration proceedings, except as lawfully required in judicial proceedings related to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

Arbitration Initiation

If you or the Company are unable to resolve any Claims informally, you or the Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. You may send a copy to the Company at the following address: 251 west 91st street PHA, New York, NY 10024, attention Compliance Department. In the event the Company initiates arbitration against you, it will send a copy of the completed form to any physical address we have on file associated with your account, or to your email address if no physical address is on file. Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.