API Terms of Use

Effective: June, 2024

Definitions

• API: Kami’s Application Programming Interface, a set of tools and protocols that allows developers to build applications that interact with Kami’s services.
• App: A software application developed by you using the Kami API.
• End-User: Any person who uses an App you create using the Kami API.
• Developer: You, the individual or organisation using the Kami API to create Apps.
• Kami Content: All materials and information provided by Kami through the API or Service, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software.
• Kami Service: The online platform and tools provided by Kami, including the Kami API.
• Terms of Service: Kami’s general Terms of Service, available here, are incorporated into this agreement by reference.
• AI LLM (Large Language Model): A sophisticated form of AI that is trained on massive amounts of text data to generate human-quality text, translate languages, write different kinds of creative content, and answer your questions in an informative way.
• Your Files: Any files, documents, or other data you upload or create within the Kami Service.

APPLICATION DEVELOPER AGREEMENT

This Application Developer Agreement (“Agreement”) is entered into between Notable, Inc. (“Kami”), and the developer requesting or being granted a Developer Account (“Developer”) on Kami’s website. By submitting your application or by accessing the developer area on Kami’s website, you agree to be bound by these terms and conditions. 

Kami provides access to a special functionality and features (the “Kami API”) designed to assist third parties in developing software applications for the learning management system operated by Kami or its providers (“Kami Service”). The Kami API and the Kami Service are more particularly described on the Kami website located at www.kamiapp.com  and www.kamiapp.com/api (the “Kami Website”). 

NOW, THEREFORE, intending to be legally bound hereby, Kami and Developer agree as follows:

1. Kami API and Service

1.1 License Grant

Subject to these terms and Kami’s Terms of Service, Kami grants you a limited, non-exclusive, non-transferable, revocable license to:

• Use the Kami API: To develop Apps that integrate with the Kami Service.
• Access Kami Content: To display and use Kami Content within your Apps, solely for the purpose of supporting the functionality of your Apps.

This license does not grant you the right to:

• Resell or Redistribute: Sell, sublicense, rent, lease, or otherwise distribute the Kami API or Kami Content.
• Reverse Engineer: Attempt to reverse engineer, decompile, or disassemble any part of the Kami API or Service.
• Create Derivative Works: Create any derivative works based on the Kami API or Kami Content

1.2 App Development and Use

Compliance: Your Apps must comply with all applicable laws, regulations, industry standards, and Kami’s Terms of Service, Privacy Policy and Acceptable Use Policy.

Data Use and Privacy: You are responsible for the collection, use, and protection of any data collected through your Apps, including end-user data. You must comply with all applicable data protection laws and obtain necessary consent’s from end-users.

Security: You must implement appropriate security measures to protect the Kami API and any Kami Content used in your Apps.

Prohibited Uses: You will not use the Kami API to create Apps that:

• Infringe on any intellectual property rights or other rights of any third party.
• Are malicious, deceptive, or fraudulent.
• Interfere with or disrupt the Kami Service or other users’ experience.
• Violate any applicable law or regulation.

API Changes: Kami may modify or discontinue the Kami API at any time, with or without notice. We will make reasonable efforts to provide advance notice of any material changes.

2. Term and Termination

The term of this Agreement shall begin when you accept its terms and conditions on the Kami Website and shall continue until termination of this Agreement. 

Termination for Convenience, Either party may terminate this Agreement at any time, for any reason, by giving the other party three (3) days’ prior written notice.

Termination for Cause, Either party may terminate this Agreement immediately, without notice, if the other party:

• Becomes insolvent, enters receivership or bankruptcy proceedings, or makes an assignment for the benefit of creditors;
• Dissolves or ceases to do business; or
• Materially breaches this Agreement and fails to cure the breach within thirty (30) days of receiving written notice.

Effect of Termination, Upon termination of this Agreement:

• All licenses granted under this Agreement immediately terminate.
• You must cease all use of the Kami API and remove all Kami Content from your Apps.
• The following sections survive termination: Sections 3, 4, and 5.

3. Intellectual Property Rights and Confidentiality.

3.1 Intellectual Property

All rights, title, and interest in and to the Kami API, the Kami Service, and any Kami Content, including trademarks, logos, and other brand features, belong exclusively to Kami. You retain all rights, title, and interest in and to your Apps, excluding any Kami Content incorporated therein.

3.2 End-User Data

Ownership: End-user data collected through your Apps is owned by the end-user. You are solely responsible for obtaining any necessary consents and complying with all applicable data protection laws.

Kami Access: Kami may access and use aggregated, anonymised end-user data for the purpose of improving the Kami Service and developing new features.

Data Sharing: You will not share end-user data with any third party, except as required by law or with the express consent of the end-user.

3.3 AI LLM Service Usage (if applicable)

Third-Party AI LLM Integration: You acknowledge that Kami utilises third-party AI Large Language Models (LLMs) to provide certain features and functionalities within its services. Your use of any AI LLM features or functionalities via Kami’s API is subject to both this Agreement and the terms of service of the respective AI LLM provider(s).

User Responsibility: You are solely responsible for all data, including end-user data, that you or your App submits to Kami’s AI LLM services. You must ensure that this data complies with all applicable laws, regulations, school/organisational policies, and Kami’s Terms of Service. This includes obtaining all necessary consents and permissions for the use and processing of this data by both Kami and the relevant AI LLM provider(s).

Limitations: You acknowledge that AI LLMs have inherent limitations and may produce inaccurate, biased, or incomplete results. Kami is not responsible or liable for any errors, inaccuracies, or harmful outputs produced by the AI LLM(s).

3.4 Confidentiality

You agree to keep confidential any non-public information you receive from Kami in connection with the Kami API, including technical specifications, documentation, and other proprietary information.

3.5 No Unsolicited Promotion

Except as permitted through Kami’s approved marketing programs, Developer will not use the Kami API or Service to engage in any unsolicited marketing, advertising, or promotional activities directed at Kami’s users or potential users. This includes, but is not limited to:

• Posting or responding to messages in Kami forums or community spaces solely for promotional purposes.
• Directly contacting Kami users through the Kami Service to promote Developer’s Apps.
• Using any Kami Content in a way that implies endorsement or partnership with Kami without prior written approval.

3.6 Cooperative Marketing and Publicity

Mutual Promotion: Both parties may include the other in lists of partners or developers, subject to reasonable restrictions and prior approval.

Use of Developer Information: Developer grants Kami a non-exclusive, revocable license to use information like logos, screenshots, and feature lists of Developer’s Apps for the purpose of marketing and promoting the Kami Service and Apps.

Reference Calls: Developer agrees to participate in a reasonable number of reference calls with potential Kami developers or partners, after a reasonable initial period of using the API. Kami will coordinate such calls and ensure they do not unduly burden Developer.

4. Warranty Disclaimer and Limitation of Liability

• “As Is” Service: The Kami API is provided “as is” without any warranties, express or implied. Kami disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Liability Cap: Kami’s total liability to you for any claims arising out of or relating to this agreement or your use of the Kami API is limited to the greater of $20 or the amount you paid to Kami for the Kami Service in the 12 months preceding the claim.

5. Indemnification

You agree to indemnify and hold Kami harmless from any claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising out of or relating to your Apps, your use of the Kami API, or your breach of this agreement.

6. Governing Law and Dispute Resolution

This agreement is governed by the laws of New Zealand, without regard to its conflict of laws provisions. Any disputes arising under this agreement will be resolved through binding arbitration in New Zealand, except for claims that qualify for small claims court.

7. Entire Agreement

This agreement, along with Kami’s Terms of Service, Privacy Policy,  Acceptable Use Policy and any other documents incorporated by reference constitutes the entire agreement between you and Kami regarding your use of the Kami API.

Kami is:

Notable Inc (USA)
8605 Santa Monica Blvd PMB 57387
West Hollywood, California 90069-4109 US

Kami Limited (New Zealand)

125 St Georges Bay Road, Parnell, Auckland 1052

Let me know if you have any other questions.