Terms of Service

Introduction

Welcome to Kulturely. These Terms of Service ("Terms") govern your use of our website, platform, services, and all content offered by Kulturely ("Service"). By accessing or using our Service, you agree to be bound by these Terms.

Please read these Terms carefully before using our Service. If you do not agree with any part of these Terms, you may not access or use our Service.

1. Account Registration

To access certain features of our Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

2. Subscription and Payment

Some aspects of the Service may be available only with a paid subscription. You agree to pay all fees or charges to your account based on the pricing and billing terms presented to you at the time of purchase.

You are responsible for all charges incurred under your account, including applicable taxes, and all subscriptions automatically renew unless cancelled by you.

We may change subscription fees at any time, but changes will not apply retroactively and will only affect future subscription renewals. We will provide you with reasonable prior notice of any change in subscription fees.

Refunds are handled in accordance with our Refund Policy, which is incorporated by reference into these Terms.

3. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Kulturely and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kulturely.

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Kulturely or its suppliers and licensors.

4. User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material ("User Content").

You retain any rights you may have in your User Content. By posting User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

5. Prohibited Uses

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate Kulturely, a Kulturely employee, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.

6. User Conduct

You agree that all information or data of any kind, whether text, software, code, music, or sound, photographs or graphics, video or other materials ("Content"), made available publicly or privately, will be under the sole responsibility of the person providing the Content or the person whose account is used. You agree that our Service may expose you to Content that may be objectionable, offensive, or indecent.

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KULTURELY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

UNDER NO CIRCUMSTANCES WILL KULTURELY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KULTURELY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KULTURELY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

9. Indemnification

You agree to defend, indemnify, and hold Kulturely, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Dispute Resolution

Any disputes arising out of or related to these Terms or the Service shall be first addressed by good faith negotiation between the parties. If such negotiations do not resolve the dispute within a reasonable time period, the dispute shall be submitted to binding arbitration in Wyoming in accordance with the rules of the American Arbitration Association.

The arbitration shall be conducted by a single arbitrator, and the award of the arbitrator shall be final and binding upon the parties and enforceable in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorney's fees and arbitration costs from the other party. By agreeing to this arbitration provision, you waive any right to bring a class action or participate in a class action.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Cultural Data & Third-Party Frameworks

Kulturely incorporates cultural research frameworks developed by third-party researchers, including but not limited to Hofstede's Cultural Dimensions, Trompenaars' Seven Dimensions, the GLOBE Study, and Hall's Cultural Context Theory.

You acknowledge that:

• These frameworks remain the intellectual property of their respective creators and copyright holders.
• Kulturely's use of these frameworks is for educational and training purposes under fair use principles.
• Our proprietary AI analysis, simulations, and platform features represent our original work and are protected by copyright.
• Cultural dimension scores and data are general guidelines and should not be applied stereotypically to individuals.

For complete information about our data sources and attribution, please see our Data Sources & Attribution page.

15. Content Sharing & Social Media

Kulturely provides social sharing features that allow you to share content from our platform. By using these features, you agree to:

• Share content for personal and professional educational purposes only.
• Maintain proper attribution to Kulturely when sharing our content.
• Not remove, obscure, or modify Kulturely branding or attribution from shared content.
• Not use shared content for commercial redistribution without written permission.
• Comply with the terms of service of the social media platforms you share to.

Kulturely retains all intellectual property rights to content shared via our social sharing features. Sharing does not transfer ownership or grant additional rights beyond personal educational use.

16. AI-Generated Content

Kulturely uses artificial intelligence to generate personalized cultural insights, simulation scenarios, and recommendations. You acknowledge that:

• AI-generated content is provided for informational and educational purposes only.
• AI recommendations should be considered alongside professional judgment and local expertise.
• Kulturely is not liable for business decisions made based solely on AI-generated advice.
• AI-generated simulation scenarios are fictional and designed for training purposes.
• We continuously improve our AI systems but cannot guarantee complete accuracy in all cultural contexts.

17. Certification Programs

Kulturely offers professional certification programs in cultural intelligence. By enrolling in these programs, you agree that:

• Certification credentials are issued solely by Kulturely and represent completion of our specific curriculum.
• Certification does not guarantee employment, business success, or professional recognition outside of Kulturely.
• You will not misrepresent your certification status or credentials.
• Kulturely may revoke certifications for violations of these Terms or professional misconduct.
• Certification materials are protected by copyright and may not be redistributed.

18. Refund Policy

Kulturely offers a 3-day money-back guarantee on all subscription plans and certification program enrollments, subject to the following conditions:

• Refund requests must be submitted within 3 calendar days of the initial purchase date.
• Refunds are available for first-time purchases only; renewals are non-refundable.
• Certification program refunds are only available if less than 10% of the curriculum has been accessed.
• AI simulation credits used during the refund period will be deducted from any refund amount.
• Refunds are processed to the original payment method within 5-10 business days.

To request a refund, contact support@kulturely.com with your account details and reason for the request.

19. Contact Information

If you have any questions about these Terms, please contact us:

• By email: legal@kulturely.com
• By mail: Kulturely, Inc., 123 Main Street, Cheyenne, WY 82001, USA