Last Updated: Jun 10, 2025

These Terms of Service ("Terms") govern your access and use of our mobile application AI Video Generator: Kavi Maker ("App"), and all services provided through them (collectively, the "Services"). By using the Services, you agree to these Terms, forming a legal agreement between you ("user" or "you") and SophosAI ("Company," "we," "us," or "our").

If you do not agree to these Terms, please do not use the Site, App, or Services.

1. Updates to Terms 

We may revise these Terms at any time. Significant changes will be communicated in accordance with applicable laws. Continued use of the Services after changes means you accept the updated Terms.

2. Privacy Policy 

Our Privacy Policy, located at https://kavi.sophosaitool.com/policy.html, is part of, and governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and Advertising Choices, and agree that we may use information collected from you in accordance with their terms.

3. Dispute Resolution & Arbitration 

By using our Services, you agree that legal claims must be resolved via binding arbitration (unless you opt out within 30 days). This means:

4. Eligibility 

To use the Services, you must:

5. User Conduct 

You may not:

We may remove content or suspend accounts for violations.

6. Intellectual Property 

All textual content, software code eligible for copyright, brand names, service marks, and distinctive logos present within the Service (collectively, “Our Materials”) are either our exclusive property or used under license. These Materials are protected by copyright and other intellectual property laws in the United States, various foreign jurisdictions, and international agreements. The Service and Our Materials are provided strictly for your personal, informational use, and are not intended for any commercial exploitation. We explicitly retain all rights pertaining to the Service and Our Materials. Should you choose to download or print any portion of Our Materials for your individual use, you are required to preserve all accompanying trademark, copyright, and other ownership notices.

7. Account & Service Management 

A. Our Authority Over the Service. We hold the right, though not the obligation, to: (a) diligently monitor and review the Service for any breaches of these Terms of Use and to ensure adherence to our established policies; (b) report offenders to law enforcement agencies and/or initiate legal proceedings against any party violating these Terms of Use; (c) manage the Service in a manner that safeguards our and third parties’ rights and assets, or to ensure the Service operates correctly.

B. Our Right to Restrict User Access. WITHOUT LIMITING ANY OTHER PROVISION HEREIN, WE RETAIN THE UNILATERAL RIGHT, AT OUR SOLE DISCRETION, AND WITHOUT PRIOR NOTIFICATION OR INCURRING LIABILITY, TO DENY OR REVOKE ACCESS TO AND USE OF THE SERVICE FOR ANY INDIVIDUAL, WITH OR WITHOUT CAUSE. THIS INCLUDES, BUT IS NOT LIMITED TO, INSTANCES OF VIOLATING ANY PROMISE, GUARANTEE, OR OBLIGATION STATED IN THESE TERMS OF USE, OR ANY APPLICABLE STATUTE OR REGULATION.

8. App Store Terms 

You acknowledge and agree that the availability of this Service may depend on third-party digital storefronts from which you obtain the Service, such as the Apple App Store or the Google Play Store (each referred to as a “Third-Party Platform”). You confirm that these Terms of Use constitute an agreement solely between you and our Company, and not with any Third-Party Platform. Each Third-Party Platform may impose its own terms and conditions, which you must accept prior to downloading the Service from them. You consent to abide by, and your permission to use the Service is contingent upon, your adherence to the applicable Third-Party Platform’s terms and conditions. If any terms and conditions from the Third-Party Platform are less restrictive than, or conflict with, the provisions of these Terms of Use, then the more stringent or conflicting terms of these Terms of Use will prevail.

9. Payments & Subscriptions

We may offer certain enhanced products and/or services to users of the Application in exchange for a subscription or other fees (“Premium Features”), including the option to acquire digital items or services (“In-App Items”). Should you opt to subscribe to Premium Features or purchase In-App Items via a Third-Party Platform, that platform will process the relevant charges to your account.

Billing for Premium Features and In-App Items will be managed directly by the Third-Party Platform, in accordance with their terms disclosed at the time of purchase, as well as the general in-app purchase terms applicable to your account. Some Third-Party Platforms may apply sales tax, based on your geographical location.

If you subscribe to an automatically renewing periodic service through an in-app purchase, your account will continue to be billed until you cancel it. To prevent automatic renewal, or to modify or terminate your subscription, you must log into your account and follow the cancellation instructions. This action is necessary even if you have otherwise deleted your account with us or removed the application from your device. Deleting your member account or uninstalling the application does not constitute a subscription cancellation; we will retain all funds charged to your account until you formally cancel your subscription via your account.

10. Dispute Resolution and Arbitration Mandate

Please Review This Section Carefully – It May Significantly Impact Your Legal Rights, Including Your Ability to Initiate a Lawsuit.

(1) Initial Conflict Resolution We are accessible via email at the address provided in the “How to Contact Us” section to address any concerns you may have regarding the Service. Most issues can be quickly resolved through this channel. For any disagreement you have with the Company, you agree to first contact us and attempt to resolve the matter informally. Both parties agree to engage in direct consultation and good-faith negotiations to resolve any dispute arising from, connected to, or related to this Agreement. This will serve as a mandatory prerequisite before either party can pursue a lawsuit or arbitration.

(2) Agreement to Binding Arbitration If a mutually acceptable resolution is not achieved within thirty (30) days following the informal dispute resolution process outlined in the “Initial Dispute Resolution” section above, then either party may initiate binding arbitration.

All claims stemming from or related to these Terms of Service (including their formation, execution, and breach), the relationship between the parties, and/or your use of the Service, shall be conclusively settled through confidential binding arbitration administered by the American Arbitration Association (the “AAA”), in accordance with its Consumer Arbitration Rules. This excludes any rules or procedures that permit or govern class actions. The arbitrator, and not any judicial body (federal, state, or local) or agency, shall possess the sole authority to resolve all disputes concerning the interpretation, applicability, enforceability, or formation of these Terms of Service, including any claim that these Terms of Service, in whole or in part, are void or voidable. The arbitrator will have the power to award any relief available in a court of law or equity. The arbitrator’s decision will be binding on both parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of these Terms of Service.

The AAA’s rules for arbitration can be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. Should the arbitration filing fee exceed the cost of filing a lawsuit, we commit to paying the additional amount. If we are obligated to cover these additional filing costs, you should submit a request for fee payment to the AAA along with your arbitration initiation form, and we will arrange direct payment to the AAA. The arbitration rules also provide for the possibility of recovering attorney’s fees under certain conditions.

THE PARTIES ACKNOWLEDGE THAT, ABSENT THIS COMPULSORY PROVISION, THEY WOULD POSSESS THE RIGHT TO LITIGATE IN COURT AND RECEIVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME CIRCUMSTANCES, ARBITRATION COSTS MIGHT EXCEED LITIGATION EXPENSES, AND THE SCOPE OF DISCOVERY IN ARBITRATION MAY BE MORE RESTRICTED THAN IN COURT.

(3) Waiver of Class Action and Class Arbitration You and the Company each further agree that any arbitration proceedings will be conducted solely in your individual capacities and not as a class action or other representative proceeding. Both you and the Company explicitly waive your respective rights to file a class action or seek relief on a class-wide basis. Should any court or arbitrator determine that the class action waiver in this paragraph is void or unenforceable for any reason, or that an arbitration may proceed on a class basis, then the arbitration provision in Section “Agreement to Binding Arbitration Above” shall be considered entirely null and void, and the parties shall be deemed to have not agreed to arbitrate disputes.

(4) Small Claims Court Exception Notwithstanding the parties’ general agreement to resolve all disputes via arbitration, either party retains the option to seek relief in a small claims court for disputes or claims falling within that court’s jurisdiction.

(5) 30-Day Opt-Out Right You have the right to decline to be bound by the arbitration and class action waiver provisions set forth in this “Arbitration Agreement” section by submitting a written notice of your decision to opt out to the address specified in the “How to Contact Us” section. This notice must be sent within thirty (30) days of your initial download of the App; otherwise, you will be bound by the arbitration terms as outlined in those sections. If you choose to opt out of these arbitration provisions, we will also not be bound by them.

(6) Exclusive Forum for Litigation To the extent that the aforementioned arbitration provisions do not apply, the parties mutually agree that any legal action between them shall be exclusively filed in state or federal courts located within San Francisco County, California (excluding small claims court actions, which may be initiated in your county of residence). The parties explicitly consent to the exclusive jurisdiction of California for any litigation apart from small claims court actions.

11. Warranty Limitations; Liability Caps

A. Disclaimer of Guarantees TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS OR FEATURES PROVIDED THROUGH THE SERVICE ARE FURNISHED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY NATURE. BY OPERATING THE SERVICE, WE DO NOT IMPLY OR REPRESENT THAT WE ENDORSE ANY MATERIALS OR ITEMS ACCESSIBLE ON OR LINKED TO BY THE SERVICE, OR THAT WE BELIEVE ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, BENEFICIAL, OR HARMLESS. WE CANNOT ASSURE, NOR DO WE PROMISE, ANY SPECIFIC OUTCOMES FROM UTILIZING THE SERVICE. NO VERBAL OR WRITTEN ADVICE OR INFORMATION OBTAINED FROM US BY YOU SHALL ESTABLISH ANY WARRANTY NOT EXPLICITLY STATED WITHIN THESE TERMS OF USE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, REPRESENTATIVES, SERVICE PROVIDERS, AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND ITS USE BY YOU.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE OFFER NO WARRANTIES OR ASSURANCES REGARDING THE ACCURACY, DEPENDABILITY, TIMELINESS, OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION, OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICE. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS; (B) PHYSICAL INJURY OR PROPERTY DAMAGE, OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF DATA TRANSMISSION TO OR FROM THE SERVICE; (E) ANY MALWARE, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED DUE TO THE USE OF ANY CONTENT POSTED, SENT, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

B. Restricted Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE ACCOUNTABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICE, MATERIALS, OR ANY OTHER CONTENT CONTAINED THEREIN. NOTWITHSTANDING ANY CONTRARY PROVISION IN THESE TERMS OF USE, OUR TOTAL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE YOU SUFFER, WHETHER ARISING FROM CONTRACT, TORT, STATUTORY BREACH, OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE, SHALL NOT EXCEED $50.

12. Information for New Jersey Residents

Notwithstanding any other provisions in these Terms of Use, if any of the aforementioned clauses are deemed unenforceable, void, or inapplicable under New Jersey law, then such specific provision shall not apply to you. However, the remainder of these Terms of Use will continue to be binding on both you and the Company. Furthermore, for residents of New Jersey, the limitation on liability does not apply where attorneys’ fees, court costs, or other damages are legally mandated by statute. Nothing in these Terms of Use is intended to, nor shall it be interpreted or construed to, diminish any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

13. Information for California Residents

In accordance with California Civil Code Section 1789.3, users residing in California are entitled to the following consumer rights notification: Should a user have any questions or complaints regarding the Service, please contact us via email at [email protected]. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14. DMCA Notice 

We operate in accordance with the notice and takedown provisions of the Digital Millennium Copyright Act (the “DMCA”). Additionally, we reserve the right to terminate the account and access privileges of any repeat infringer under appropriate circumstances. If you are a copyright owner or their legal representative, and you believe that any material or content on the Service infringes your copyrights, you may submit a notification under our DMCA Policy by emailing [email protected] with a subject line beginning “DMCA Notice,” including the following details:

We respect the intellectual property rights of others and will respond to valid claims of alleged infringement. Please be aware that failure to comply with all requirements in this section may result in your notice being invalid.

15. General Terms 

These Terms do not form partnerships or employment. Failure to enforce a term does not waive it. If a part is invalid, the rest remain effective. We may assign rights under these Terms. Employees cannot modify these Terms on our behalf.

16. No Waiver Implied

Our failure to exercise or enforce any right or provision of these Terms of Use shall not be interpreted as a waiver of that specific right or provision.

17. Severability Clause

These Terms of Use are designed to operate to the fullest extent permitted by law. If any provision or part of a provision within these Terms of Use is determined to be unlawful, void, or unenforceable, that specific provision or part will be deemed separate from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

18. Transfer of Rights

We reserve the right to transfer our rights under these Terms of Use without requiring your prior approval.

19. No Unauthorized Modifications by Staff

No employee of ours is authorized to alter the terms of these Terms of Use. Any such offer would not be on our behalf or as our agent. Therefore, you should not rely on, nor act upon, any statement or communication from our employees or anyone else claiming to represent us that purports to modify these terms.

20. Governing Law 

a. This Agreement will be interpreted and enforced in accordance with the laws of the State of California, disregarding its conflict of laws principles.

b. Notwithstanding the above, if you reside outside of the United States, this Agreement shall be governed by and construed in accordance with the laws of your habitual residence, without regard to its conflict of laws rules.

21. How to Reach Us

Should you have any inquiries regarding these Terms of Use or your account, please get in touch with us at [email protected].