Kourai Terms of Service
Last Updated: July 28, 2026
These Terms of Service are a legal agreement between you and Kourai, Inc., a Delaware corporation (“Kourai,” “we,” “us,” or “our”), and govern your access to and use of Kourai’s swimming pool computer vision safety product, including Kourai hardware, the compute hub, Kourai software, the Kourai mobile application, websites, account features, alerts, subscription services, support services, documentation, and related products and services that link to these Terms (collectively, the “Kourai Service”). BY CLICKING “I AGREE,” CHECKING A BOX, CREATING AN ACCOUNT, REGISTERING A DEVICE, DOWNLOADING OR USING THE MOBILE APP, OR OTHERWISE ACCESSING OR USING THE KOURAI SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT, REGISTER A DEVICE, OR USE THE KOURAI SERVICE.
IMPORTANT SAFETY NOTICE. THE KOURAI SERVICE IS A CAMERA-BASED POOL SAFETY PRODUCT DESIGNED TO PROVIDE INFORMATIONAL ALERTS, BUT IT IS NOT A LIFESAVING DEVICE, CERTIFIED POOL ALARM, EMERGENCY RESPONSE SYSTEM, THIRD-PARTY MONITORED ALARM SYSTEM, 911 SERVICE, DISPATCH SERVICE, SUBSTITUTE FOR ADULT SUPERVISION, SUBSTITUTE FOR A LIFEGUARD, SUBSTITUTE FOR FENCES, GATES, LOCKS, POOL COVERS, POOL ALARMS, OR OTHER POOL-SAFETY MEASURES, OR A GUARANTEE THAT ACCIDENTAL POOL ENTRY, DROWNING, INJURY, DEATH, PROPERTY DAMAGE, OR OTHER HARM WILL BE PREVENTED. KOURAI MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE KOURAI SERVICE WILL IMPROVE SAFETY OR REDUCE ANY RISK OF ACCIDENT, INJURY, DROWNING, DEATH, PROPERTY DAMAGE, OR OTHER HARM.
IMPORTANT EMERGENCY NOTICE. KOURAI PERSONNEL DO NOT MONITOR YOUR POOL OR REVIEW LIVE VIDEO, KOURAI DOES NOT CONTACT POLICE, FIRE, AMBULANCE, RESCUE, LIFEGUARDS, POOL-SAFETY PERSONNEL, OR OTHER EMERGENCY RESPONDERS, AND KOURAI WILL NOT CALL 911 OR DISPATCH AUTHORITIES IF THE KOURAI SERVICE DETECTS, APPEARS TO DETECT, OR FAILS TO DETECT ANY PERSON, CHILD, ANIMAL, OBJECT, ACCIDENTAL ENTRY, FALL, EMERGENCY, OR HAZARD IN OR AROUND YOUR POOL. IF YOU BELIEVE THERE IS AN EMERGENCY, YOU MUST IMMEDIATELY CALL 911 OR THE APPROPRIATE EMERGENCY RESPONSE SERVICE.
IMPORTANT ARBITRATION NOTICE. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 20 CAREFULLY.
IMPORTANT SUBSCRIPTION NOTICE. THE KOURAI SERVICE REQUIRES A PAID MONTHLY SUBSCRIPTION FOR CONTINUED SERVICE FEATURES, AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL CANCELED AS DESCRIBED IN THESE TERMS.
1. Eligibility and Authority
You must be at least 18 years old, or the age of majority in your jurisdiction if older than 18, to create an account, register a Kourai device, purchase a subscription, or use the Kourai Service. If you accept these Terms on behalf of another person, household, company, property owner, landlord, homeowners’ association, or other entity, you represent and warrant that you have the authority to bind that person or entity to these Terms. By using or accessing the Kourai Service, you agree to be bound by these Terms on behalf of yourself, all members of your household, and all other persons or entities that use or access the Kourai Service through your account, property, network, mobile device, registered hardware, or authorization, whether or not they have their own Kourai account.
You are responsible for all use of the Kourai Service by your household members, guests, tenants, invitees, employees, contractors, authorized users, and anyone else who accesses the Kourai Service through your account, mobile device, network, property, or registered Kourai hardware (collectively, “Covered Parties”). You are also responsible for ensuring that Covered Parties understand the limitations of the Kourai Service, including that the Kourai Service is not an emergency response system, 911 service, dispatch service, lifeguard, substitute for supervision, certified pool alarm, or substitute for legally required or recommended pool-safety measures. Any act or omission of a Covered Party in connection with the Kourai Service will be deemed your act or omission for purposes of these Terms.
2. The Kourai Service
The Kourai Service is designed to help you monitor a swimming pool by using cameras and a compute hub to process video streams and generate alerts when the Kourai Service detects or appears to detect certain activity, such as a person, child, animal, object, or accidental entry in or around a monitored pool. The Kourai Service may include cameras, a compute hub that connects to your home router, embedded and cloud-connected software, firmware, device software, a mobile application, account registration, setup flows, email alerts, push notifications if enabled, documentation, customer support, websites, subscription-based service features, and related functionality that Kourai makes available from time to time. Your purchase of any Kourai hardware may also be governed by any limited warranty, return policy, sales terms, retailer terms, or product documentation provided with or made available for that hardware, and those additional terms apply in addition to these Terms to the extent they concern the relevant hardware purchase, return, warranty, or documentation matter.
The Kourai Service uses artificial intelligence, computer vision, machine learning, or similar technologies to analyze video and related data. AI and machine learning technologies are probabilistic, may generate inaccurate, incomplete, delayed, or unavailable results, and may fail to detect actual events or may detect events that are not emergencies or hazards. You should always independently verify any alert, detection, notification, label, description, event history, or other output from the Kourai Service before relying on it, and you remain solely responsible for determining whether any action is necessary.
The Kourai Service is intended to provide non-time-critical, informational alerts to you and to support, but not replace, your own pool-safety practices. It is not intended to be your sole or primary safety measure or to provide continuous monitoring, professional monitoring, rescue, emergency dispatch, childcare, supervision, lifeguarding, pool-code compliance, insurance compliance, or any other certified life-safety or critical service. Unless Kourai expressly states otherwise in a separate written agreement, Kourai does not review live video, monitor your pool, verify alerts, contact you about specific alerts, contact emergency responders, or provide any central-station, professional-monitoring, or emergency-notification service. You are solely responsible for educating yourself and your household on how to prevent and respond to pool emergencies and for responding according to the specifics of the situation.
3. Account Registration and Security
To use the Kourai Service, you must create an account, provide accurate and complete registration information, maintain the accuracy of that information, and keep your login credentials secure. You are responsible for all activity that occurs under your account, whether or not you authorized the activity, except to the extent caused by Kourai’s acts or omissions that cannot be disclaimed under applicable law.
You must promptly notify us at support@kourai.com if you know or suspect that your account, password, registered device, compute hub, camera, mobile device, or network credentials have been compromised. We may suspend or disable access to the Kourai Service if we reasonably believe that your account, device, or use of the Kourai Service creates a security risk, violates these Terms, violates law, or may harm Kourai, other users, third parties, or the Kourai Service. If you sell, transfer, give away, dispose of, or otherwise stop using a Kourai device, you are responsible for disconnecting it from your account, deleting or resetting your account information from the device where supported, and ensuring that the new user creates a separate account and accepts these Terms before using the Kourai Service.
4. Installation, Configuration, Testing, and Maintenance
You are responsible for properly installing, mounting, configuring, testing, operating, and maintaining the cameras, compute hub, mobile application, installed network equipment, router connection, network settings, detection zones, email settings, notification settings, power sources, and any other equipment or settings required for the Kourai Service in accordance with the instructions, documentation, setup flow, and applicable laws, even if Kourai, Kourai personnel, a Kourai representative, a service provider, a dealer, an installer, a contractor, or another third party provides or assists with installation, configuration, testing, maintenance, support, recommendations, or other services. Any such assistance is provided as a convenience only and does not relieve you of responsibility for reviewing and confirming the setup and for testing, operating, and maintaining the Kourai Service. If the cameras are not properly installed, aimed, powered, cleaned, connected, or positioned, or if the pool area is outside the detection range or is obstructed, shadowed, reflective, poorly lit, affected by weather, blocked by persons or objects, affected by glare, affected by water movement, affected by low bandwidth, affected by power loss, or otherwise difficult to analyze, you may experience false alerts, missed detections, delayed detections, or detection failures. The choices you make during setup, including camera placement, detection zones, alert recipients, notification permissions, account permissions, and network configuration, may cause unintended operation, non-recommended operation, or non-operation of the Kourai Service, and you assume responsibility for those choices.
You must test the Kourai Service after installation and regularly thereafter to confirm that the cameras, compute hub, account, network, subscription, email alerts, app notifications, and other features are functioning as intended. You must not assume that the Kourai Service is working merely because hardware is powered on, because your account is active, because you previously received an alert, or because the mobile app displays a connection.
You are responsible for maintaining safe pool conditions and complying with all pool-safety requirements, building codes, fencing requirements, gate and lock requirements, signage requirements, occupancy rules, homeowner or landlord obligations, insurance requirements, permits, registrations, and other laws, rules, regulations, ordinances, standards, and industry guidance that apply to your pool, property, household, business, or use of the Kourai Service. Kourai makes no representation or warranty that the Kourai Service satisfies, replaces, or assists you in satisfying any pool-code, barrier, alarm, childcare, commercial pool, public accommodation, insurance, landlord-tenant, workplace, homeowners’ association, or other legal or contractual requirement. If any dealer, installer, retailer, contractor, or other third party assists with installation, configuration, maintenance, or support of the Kourai Service, that person or entity is independent from Kourai unless Kourai expressly states otherwise in writing, and you remain responsible for verifying that the Kourai Service is properly installed, configured, tested, and maintained.
5. No Substitute for Supervision and Pool-Safety Measures
You must maintain direct, competent, and continuous supervision of children, vulnerable persons, non-swimmers, guests, pets, and others in or around the pool. You must not leave any child, vulnerable person, non-swimmer, guest, pet, or other person unattended in reliance on the Kourai Service.
You must maintain and use appropriate physical and operational pool-safety measures, which may include adult supervision, fencing, self-closing and self-latching gates, locks, pool covers, pool alarms, door alarms, lifeguards, rescue equipment, signage, lighting, safety training, and emergency-response planning. The Kourai Service is only an additional informational tool and does not replace any such measures.
6. Alerts, Notifications, and Communications
The Kourai Service may send alerts by email, mobile push notification, in-app notice, or other communication channels we make available. We do not guarantee that any alert will be sent, delivered, received, opened, read, acted upon, accurate, complete, or timely. Alerts may fail or be delayed for reasons including device settings, email filtering, spam filtering, notification permissions, “do not disturb” settings, mobile operating system limitations, power outages, router issues, internet outages, bandwidth limitations, carrier issues, cloud-service outages, payment failure, subscription status, maintenance, cybersecurity events, environmental conditions, emergency conditions, or other circumstances. Alerts and Product Information are provided for your convenience, “as is” and “as available,” and are not a substitute for direct observation of the pool area, direct supervision, or direct contact with emergency response services.
You are responsible for ensuring that the email address, phone number, mobile device, app installation, notification permissions, spam-filter settings, router, and other communication settings associated with your account are current, accurate, enabled, compatible, and working. We are not responsible for automatic filtering, failure to check messages, failure to maintain contact information, failure to keep devices charged or connected, or failure to respond appropriately to alerts.
7. System Requirements and Service Interruptions
The Kourai Service requires compatible cameras, a compatible compute hub, a properly functioning router, any compatible network switch or other network equipment, reliable power, reliable always-on broadband internet service, sufficient bandwidth, an account, an active subscription, an enabled and supported mobile device for app features, and any other system elements we specify. Some Kourai Service features may include or support cellular backup connectivity if expressly made available by Kourai, but cellular backup is supplemental only, may require a separate subscription or fee, and does not eliminate the need for power, compatible equipment, adequate signal, proper configuration, and other required system elements. If any required system element is missing, incompatible, misconfigured, interrupted, degraded, or changed, the Kourai Service may not work or may not work as intended.
The Kourai Service may be interrupted, suspended, delayed, degraded, unavailable, inaccurate, or unreliable due to circumstances within or outside our control, including maintenance, updates, repairs, security events, system failures, wireless interference, internet outages, ISP or carrier outages, mobile platform issues, app store issues, payment failure, subscription cancellation, power loss, depleted batteries, depleted backup power, inadequate or non-functioning cellular coverage, hardware malfunction, environmental conditions, cyberattacks, natural disasters, emergencies, war, terrorism, labor disputes, governmental orders, public health emergencies, destruction of network facilities, transportation disruptions, and third-party service failures. Cellular backup, if available, may improve connectivity during certain Internet interruptions but will not work in all circumstances and may be unavailable, delayed, limited, or ineffective because of power loss, equipment failure, insufficient signal, carrier outages, network congestion, account status, subscription status, or other conditions. We do not provide any uptime guarantee unless we expressly state otherwise in a separate written service-level agreement signed by Kourai. Kourai is not responsible for any consequences, damages, losses, or impacts caused by events, causes, reasons, or circumstances outside Kourai’s reasonable control.
To the fullest extent permitted by law, you will not be entitled to any refund, credit, rebate, or other compensation for temporary suspensions, interruptions, delays, degraded performance, missed alerts, false alerts, or unavailable features.
8. AI, Computer Vision, and Detection Limitations
You understand and agree that computer vision, artificial intelligence, machine learning, and related detection technologies are inherently limited and may produce false positives, false negatives, misclassifications, delays, unavailable outputs, or incomplete outputs. The Kourai Service may fail to detect actual pool entry, may detect a person or object when none is present, may fail to classify a child, adult, animal, object, motion, reflection, shadow, or environmental condition correctly, and may perform differently across lighting, weather, pool shape, pool surface, camera angle, occlusion, crowding, glare, wind, water movement, seasonal changes, software version, or other conditions.
You must independently verify and respond to any actual or suspected emergency and must not rely solely on an alert, lack of alert, app status, or detection output. If you receive an alert, you are responsible for determining what action is appropriate under the circumstances, including directly checking the pool area and contacting emergency responders if needed.
9. Subscriptions, Fees, Billing, and Payment Processing
Use of the Kourai Service requires a paid monthly subscription or other paid subscription plan. By purchasing or activating a subscription, you authorize Kourai and our third-party payment processor to charge your selected payment method for recurring subscription fees, taxes, and other disclosed charges until you cancel or we terminate your subscription. From time to time, we may offer different subscription terms, promotional trials, introductory pricing, bundles, discounts, or features, and the fees and features for those subscriptions may vary. If you do not enter into or maintain a paid subscription after any trial or promotional period, paid features, event history, recordings, alerts, cloud functionality, or other subscription-dependent features may become unavailable.
Your subscription will automatically renew each month unless you cancel before the renewal date or unless we otherwise provide a different subscription term at checkout. Unless required by applicable law, we may charge the then-current subscription fees and applicable taxes using any payment method we have on record for you, and subscription fees are billed or charged on the first day of the applicable subscription period. Where required by law, we will provide renewal disclosures, renewal reminders, cancellation mechanisms, and other notices required for automatic-renewal subscriptions.
You may cancel your subscription through the account settings, app settings, customer portal, app store subscription tools, or other cancellation method we make available. If your subscription was purchased through an app store, retailer, marketplace, or other third party, cancellation, renewal, refunds, and subscription management may be governed by that third party’s terms and tools. Cancellation will take effect at the end of the then-current billing period unless applicable law requires otherwise. You will continue to have access to paid subscription features until the end of the current billing period, subject to these Terms, but you will not receive a prorated refund for the unused portion of the billing period unless required by law or expressly stated at checkout. After your subscription period ends, your paid subscription features and any associated recordings, event history, alerts, or other subscription-dependent data may no longer be accessible to you.
If your payment method fails, is declined, is charged back, expires, or is otherwise invalid, we may suspend or terminate your subscription, disable service features, delete or limit access to stored data as described in our Privacy Policy and product documentation, or charge another valid payment method associated with your account where permitted. If you initiate a chargeback or payment dispute, we may suspend your account or subscription while the dispute is investigated, and we may terminate your account for fraudulent or abusive chargebacks to the maximum extent permitted by law.
All fees are exclusive of taxes unless expressly stated otherwise. You are responsible for applicable taxes, duties, assessments, and similar governmental charges associated with your purchase or use of the Kourai Service, other than taxes based on Kourai’s net income.
Payments are processed by a third-party payment processor (such as Stripe), and your use of payment processing may be subject to that processor’s terms and privacy policy. Kourai does not store full payment-card numbers, and the payment processor may handle card data, fraud screening, PCI compliance, chargebacks, payment holds, and payment reversals.
10. Mobile App, App Stores, Product Software, and Updates
If you download the Kourai mobile app from the Apple App Store, Google Play Store, or another app marketplace, your use of that app may also be subject to that marketplace’s terms, policies, and payment rules. These Terms are between you and Kourai, not the app marketplace, except to the extent the app marketplace’s terms apply independently. Your license to use the mobile app is conditioned on your compliance with applicable app-store terms, and the more restrictive provision will apply if app-store terms conflict with these Terms to the extent permitted by law.
If you download or access the mobile app through the Apple App Store, the following additional terms apply. These Terms are between you and Kourai only, and not Apple Inc. (“Apple”), and Kourai, not Apple, is solely responsible for the mobile app and its content. Your license to use the mobile app is limited to a non-transferable license to use the mobile app on Apple-branded products that you own or control and as permitted by Apple’s usage rules. Apple has no obligation to furnish any maintenance or support services for the mobile app. To the extent any warranty applies to the mobile app and the mobile app fails to conform to that warranty, you may notify Apple and Apple may refund the purchase price, if any, for the mobile app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the mobile app. Kourai, not Apple, is responsible for addressing any claims by you or any third party relating to the mobile app or your possession or use of the mobile app, including product liability claims, claims that the mobile app fails to conform to applicable legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar laws. If a third party claims that the mobile app or your possession and use of the mobile app infringes that third party’s intellectual property rights, Kourai, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that intellectual property infringement claim to the extent required by these Terms. You represent and warrant that you are not located in a country or territory subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties. Apple and Apple’s subsidiaries are third-party beneficiaries of this paragraph and, upon your acceptance of these Terms, Apple will have the right to enforce this paragraph against you as a third-party beneficiary.
If you download or access the mobile app through Google Play, the following additional terms apply. Your use of the mobile app must comply with the Google Play Terms of Service and any applicable Google Play policies. These Terms are between you and Kourai only, and not Google LLC or its affiliates (“Google”). Kourai, not Google, is solely responsible for the mobile app and the Kourai Service, including support, maintenance, warranty, claims, and regulatory matters, except to the extent Google’s terms or applicable law provide otherwise.
The Kourai Service includes proprietary software, firmware, models, algorithms, code, and related technology embedded in or installed on the compute hub, cameras, and other Kourai hardware, and any updates, upgrades, patches, or replacements for that software (collectively, “Product Software”). Subject to your compliance with these Terms, Kourai grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Product Software solely as embedded in or installed on the Kourai hardware that you own or are authorized to use, solely in object-code form, and solely to access and use the Kourai Service for its intended purpose. The Product Software is licensed, not sold, and Kourai and its licensors retain all right, title, and interest in and to the Product Software. You may not copy, modify, translate, adapt, distribute, sell, lease, lend, sublicense, publish, disclose, make available, create derivative works from, reverse engineer, decompile, disassemble, attempt to derive source code, model weights, model architecture, algorithms, or underlying ideas from, bypass security for, separate from the hardware, or use the Product Software for any purpose other than operating the Kourai hardware and Kourai Service as authorized by these Terms, except to the extent those restrictions are prohibited by applicable law notwithstanding this prohibition.
You may transfer Kourai hardware to another person only if you transfer the hardware in its ordinary, unmodified form, disconnect the hardware from your account, remove or reset your account information where supported, do not retain any copy of the Product Software except as embedded in the transferred hardware, and the transferee creates an account and accepts these Terms before using the Kourai Service. Any attempted transfer of the Product Software apart from the associated Kourai hardware is prohibited.
We may provide patches, bug fixes, updates, upgrades, modifications, and other changes to the Kourai Service, including the mobile app, compute hub software, firmware, models, algorithms, detection features, subscription features, and device software. You consent to receive and install automatic updates, which may be installed without additional notice or consent unless applicable law requires otherwise. If Kourai determines that an update addresses a critical legal, safety, reliability, model-performance, or security issue, Kourai may install or require that update regardless of your device, app, or account update settings to the fullest extent permitted by applicable law.
Updates may add, remove, modify, suspend, or change features, functionality, detection performance, user interfaces, subscription features, compatibility, or system requirements. If you do not want updates, your remedy is to stop using the Kourai Service and cancel your subscription, subject to these Terms and applicable law. Certain software or code included in the Kourai Service may be subject to open-source or third-party license terms, and those terms will govern use of that software or code and your use of it, not these Terms. Nothing in these Terms limits any rights you may have under applicable open-source license terms.
11. License and Restrictions
Subject to your compliance with these Terms, Kourai grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Kourai Service solely for your personal, household, property-monitoring, or own internal business use, as applicable, and solely in accordance with the documentation and intended purpose of the Kourai Service. If you use the Kourai Service for a business, rental property, homeowners’ association, community facility, or other non-household purpose, you may use it only for your internal, lawful purposes and may not resell, provide, or make the Kourai Service available to third parties as a service unless Kourai expressly authorizes you in advance in writing.
You may not sell, resell, rent, lease, sublicense, distribute, host, commercially exploit, modify, translate, copy, create derivative works of, reverse engineer, decompile, disassemble, attempt to derive source code or model weights from, bypass security for, interfere with, disrupt, scrape, benchmark for publication, use to build a competing product, or access by unauthorized means any portion of the Kourai Service.
You may not use the Kourai Service in any manner that violates law, infringes third-party rights, invades privacy, records areas where you lack the right to record, monitors public spaces or neighboring property unlawfully, harasses or surveils another person unlawfully, introduces malware, disrupts service performance, creates security risks, circumvents subscription limits, or uses automated systems to abuse the Kourai Service. You may not use the Kourai Service to provide professional monitoring, childcare, eldercare, healthcare, lifeguarding, emergency response, public-safety, law-enforcement, insurance underwriting, employment, tenant-screening, credit, eligibility, or other regulated or high-risk services unless Kourai expressly authorizes that use in writing. You may not represent to any person that Kourai provides professional monitoring, emergency dispatch, certified pool-alarm services, or any guarantee of safety.
12. Privacy, Video, Image, and Detection Data
Your use of the Kourai Service is subject to our Privacy Policy, which describes how we collect, use, disclose, store, and protect personal information, video, images, device information, account information, usage information, alerts, detection outputs, diagnostics, and other data. By using the Kourai Service, you direct us to process video, images, and related data from your cameras and compute hub as necessary to provide, maintain, secure, troubleshoot, and improve the Kourai Service, subject to our Privacy Policy and applicable law. To the extent applicable privacy or data protection law treats you as a controller, business, or other legally responsible party for video, image, audio, biometric, or similar data captured through the Kourai Service, you are responsible for satisfying the obligations that apply to you, including providing required notices, obtaining required consents, honoring applicable rights requests, and limiting capture to areas where you have lawful authority to record or monitor.
You are responsible for where you position cameras, what the cameras capture, which zones are monitored, whether audio is enabled if offered, who can access the app or account, and whether your use complies with applicable privacy, recording, biometric, surveillance, wiretap, consent, notice, landlord-tenant, employment, childcare, consumer-protection, and other laws. You must not position cameras to capture areas where individuals have a reasonable expectation of privacy, areas outside your property except as permitted by law, or neighboring property, public spaces, or shared spaces in a manner that violates applicable law or the rights of others.
You must provide all notices and obtain all consents required from household members, guests, tenants, employees, contractors, service providers, visitors, neighbors, and other third parties whose images, likenesses, voices, activities, personal information, or property may be captured, processed, transmitted, or stored by the Kourai Service.
If the Kourai Service includes facial recognition, person-recognition, profile-matching, or similar features designed to match detected individuals to profiles or labels you create or manage in the Kourai Service, you are responsible for ensuring that your configuration and use of those features complies with all applicable privacy, biometric, surveillance, recording, consent, notice, and other laws. Those features are provided solely for informational pool-monitoring purposes and may be inaccurate, incomplete, unavailable, delayed, or subject to false matches or missed matches. Unless we expressly state otherwise in writing, the Kourai Service is not intended to authenticate identity, verify identity for legal or security purposes, make eligibility decisions, provide medical or childcare advice, or make any legal, insurance, employment, housing, credit, or other regulated decision. Any detection output, including any facial recognition, person-recognition, profile-matching, label, or other identification-related output, is provided for informational pool-monitoring purposes only. Subject to our Privacy Policy and applicable law, we may use device information, diagnostics, usage information, alerts, detection outputs, profile information, and video or image data to provide, develop, train, fine-tune, validate, test, secure, and improve artificial intelligence, computer vision, machine learning, facial recognition, profile-matching, and related features, including by creating aggregated or de-identified datasets where permitted by law.
13. User Content and Feedback
You retain ownership of video, images, information, feedback, communications, and other content that you submit, upload, transmit, or make available through the Kourai Service (“User Content”), subject to the rights granted in these Terms and our Privacy Policy. You grant Kourai a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, assignable, sublicensable, transferable license to host, store, reproduce, display, process, transmit, use, analyze, modify, create derivative works from, and create technical modifications of User Content as necessary to provide, maintain, secure, support, troubleshoot, develop, train, test, and improve the Kourai Service and as otherwise described in our Privacy Policy. This license does not transfer ownership of your User Content to Kourai.
You represent and warrant that you have all rights, permissions, notices, and consents necessary to provide User Content to Kourai and to grant the licenses in these Terms. You further represent and warrant that your User Content and use of the Kourai Service will not infringe, misappropriate, or violate any intellectual property, privacy, publicity, contractual, property, or other rights of any person.
If the Kourai Service permits you to post, submit, send, export, download, invite others to view, or otherwise share User Content, alerts, recordings, images, event history, account access, or other information, you are solely responsible for that sharing and for ensuring that the sharing is lawful, accurate, authorized, and appropriate. You may not share User Content or other information that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing, misleading, harmful to minors, or otherwise injurious or objectionable, or that contains malware, spam, unsolicited commercial messages, or deceptive source information. Kourai may, but has no obligation to, monitor, edit, remove, disable access to, or refuse to transmit any User Content or other information made available through the Kourai Service.
If you submit comments, ideas, suggestions, improvements, requests, or other feedback about the Kourai Service, you grant Kourai the unrestricted right to use that feedback for any purpose without obligation, compensation, attribution, or restriction.
14. Third-Party Products, Services, and Retailers
The Kourai Service may depend on or interoperate with third-party products and services, including off-the-shelf cameras, routers, modems, internet service providers, mobile devices, operating systems, app stores, email providers, cloud providers, analytics providers, security providers, payment processors, retailers, resellers, distributors, and other third parties. These third-party products and services are outside Kourai’s control and may affect the availability, reliability, security, compatibility, and performance of the Kourai Service.
Kourai is not responsible for third-party products or services, and Kourai does not warrant that any third-party product or service will be compatible, secure, available, reliable, safe, or error-free. Your use of third-party products and services may be subject to separate terms, policies, fees, warranties, and privacy practices. You are responsible for all fees charged by your internet service provider, mobile carrier, app store, payment processor, retailer, or other third party in connection with your use of the Kourai Service.
If you purchase Kourai hardware from a retailer, online marketplace, reseller, distributor, dealer, installer, or other third party, your purchase transaction, shipment, installation, returns, exchanges, payment, and third-party promotions may be governed by that third party’s terms and policies. Unless we expressly state otherwise, Kourai is not responsible for third-party retailer, reseller, dealer, installer, or contractor conduct, inventory, delivery, installation, configuration, testing, returns, refunds, warranties, representations, payment issues, order limits, or product availability. Kourai does not control third-party websites, apps, retailers, marketplaces, dealer networks, installers, contractors, or services that may link to or be used with the Kourai Service, and your use of them is at your own risk.
If Kourai sells or ships physical Kourai products directly to you, your purchase may be subject to separate terms of sale, shipping terms, return policies, and limited warranty terms. Unless otherwise stated in those terms or required by law, risk of loss and title for physical products pass to you upon delivery to the carrier. Kourai may refuse, cancel, or limit any order, require additional qualifying information before accepting or processing an order, and restrict purchases to end-user customers only. Kourai does not take title to returned physical products until the products arrive at the return location designated by Kourai, and any refund, exchange, repair, or replacement is subject to the applicable return policy, limited warranty, and applicable law.
15. Ownership and Intellectual Property
Kourai and its licensors own all right, title, and interest in and to the Kourai Service, including the hardware designs, software, firmware, mobile application, websites, algorithms, models, computer vision systems, user interfaces, documentation, trademarks, service marks, logos, trade dress, know-how, content, data compilations, Product Software, and all intellectual property rights therein, except for User Content as described in these Terms. The Kourai Service is licensed, not sold, and no rights are granted except as expressly stated in these Terms.
You may not remove, obscure, alter, or misuse any proprietary notices, trademarks, logos, labels, documentation, safety notices, product warnings, copyright notices, trademark notices, open-source notices, attribution notices, or license notices associated with the Kourai Service.
16. Suspension and Termination
You may stop using the Kourai Service at any time and may cancel your subscription as described in Section 9. To the fullest extent permitted by law, we may refuse service, cancel or refuse orders, suspend, limit, or terminate your account, subscription, device registration, or access to the Kourai Service at any time, with or without notice, if we believe that you violated these Terms, failed to pay fees, created a safety or security risk, infringed rights, violated law, misused the Kourai Service, interfered with the Kourai Service, submitted or shared improper User Content, initiated abusive payment disputes, or otherwise harmed Kourai, users, third parties, or the Kourai Service. We also may remove or disable content, revoke or rotate credentials, require re-authentication, require installation of updates, or take other protective measures to maintain the security, integrity, availability, or lawful operation of the Kourai Service.
Upon termination, your right to access and use the Kourai Service will cease, your subscription features may be disabled, your device may be disconnected from your account, and you may lose access to alerts, stored data, recordings, detection history, and other service features, subject to our Privacy Policy and applicable law. Upon termination, the licenses granted to you under these Terms will terminate, including your license to use the mobile app and Product Software, except that you may retain Product Software solely as embedded in Kourai hardware for the limited purpose of transferring, returning, recycling, or disposing of the hardware in accordance with these Terms and applicable law. You remain responsible for all obligations incurred before termination, and provisions that by their nature should survive termination will survive.
17. Warranty Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KOURAI SERVICE, INCLUDING ALL HARDWARE, SOFTWARE, FIRMWARE, MOBILE APPLICATIONS, WEBSITES, SUBSCRIPTION FEATURES, ALERTS, DETECTION OUTPUTS, DOCUMENTATION, SUPPORT, AND RELATED SERVICES, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOURAI DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, SAFETY IMPROVEMENT, RISK REDUCTION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
KOURAI DOES NOT WARRANT THAT THE KOURAI SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS, IMPROVE SAFETY, REDUCE RISK, PREVENT ACCIDENTS, PREVENT DROWNING, PREVENT INJURY, PREVENT DEATH, PREVENT PROPERTY DAMAGE, DETECT EVERY PERSON OR OBJECT, OPERATE WITHOUT FALSE ALERTS OR MISSED DETECTIONS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, COMPATIBLE WITH YOUR NETWORK OR DEVICES, FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KOURAI OR THROUGH THE KOURAI SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OR IN A WRITTEN LIMITED WARRANTY PROVIDED BY KOURAI FOR HARDWARE.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory rights, so some of the above disclaimers may not apply to you. In those jurisdictions, the disclaimers apply to the maximum extent permitted by law.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOURAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, PAYMENT PROCESSORS, RETAILERS, RESELLERS, DISTRIBUTORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, COST OF COVER, SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE KOURAI SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KOURAI’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE KOURAI SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO KOURAI OR AN AUTHORIZED SELLER FOR THE KOURAI SERVICE AT ISSUE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
YOU UNDERSTAND AND AGREE THAT THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, WARRANTY, STATUTE, SUBROGATION, INDEMNITY, CONTRIBUTION, AND ANY OTHER LEGAL OR EQUITABLE THEORY.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for willful misconduct, intentional misconduct, or gross negligence in jurisdictions where such limitations are prohibited.
You should protect against risk of loss with appropriate insurance coverage, including homeowner’s, renter’s, liability, umbrella, property, pool, and other insurance you believe is necessary. To the fullest extent permitted by applicable law and the applicable insurance policies you obtain or maintain, you release Kourai and its officers, directors, employees, agents, affiliates, licensors, suppliers, service providers, payment processors, retailers, resellers, distributors, and partners from liability for any loss, occurrence, event, or condition covered by your insurance.
To the fullest extent permitted by applicable law, you waive the protections of California Civil Code Section 1542 and any similar law in any other jurisdiction. Section 1542 states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
19. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Kourai and its officers, directors, employees, agents, affiliates, licensors, suppliers, service providers, retailers, resellers, distributors, dealers, installers, and partners from and against all claims, demands, actions, suits, investigations, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use or misuse of the Kourai Service, your violation of these Terms, your violation of law, your violation of third-party rights, your User Content, your camera placement or recording practices, your failure to provide required notices or obtain required consents, your pool or property conditions, your failure to maintain required safety measures, your failure to supervise persons in or around the pool, your failure to respond to an actual or suspected emergency, your payment disputes or chargebacks, any act or omission of a Covered Party, or any use of the Kourai Service by persons who access it through your account, property, network, or devices. This section applies to first party claims as well as third party claims.
We reserve the right, at your expense, to assume the exclusive defense and control of any third party claim subject to indemnification, and you agree to cooperate with our defense. You may not settle any claim without our prior written consent if the settlement imposes any obligation on Kourai, admits liability by Kourai, or does not fully release Kourai.
20. Arbitration Agreement and Class Action Waiver
Please read this Section carefully because it affects your legal rights. This Arbitration Agreement facilitates the prompt and efficient resolution of any Dispute that may arise between you and Kourai. Arbitration is a form of private dispute resolution in which the parties agree to submit disputes to a neutral arbitrator for a binding decision instead of having those disputes decided in a lawsuit, in court, by a judge, or by a jury. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, or to participate in or be represented in a case filed in court by others, including a class action. Entering into this Arbitration Agreement constitutes a waiver of your right to litigate covered claims in court and your opportunity to be heard by a judge or jury.
For purposes of this Arbitration Agreement, “Kourai” includes Kourai, Inc., its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, predecessors, successors, and assigns. “Dispute” means any dispute, claim, or controversy between you and Kourai regarding any aspect of your relationship with Kourai, whether based in contract, statute, regulation, ordinance, tort, including fraud, misrepresentation, fraudulent inducement, negligence, gross negligence, or reckless behavior, or any other legal or equitable theory. “Dispute” includes claims relating to these Terms, the Kourai Service, your account, any subscription, any purchase, any alert, any detection output, any communication, any privacy or data issue, any product or service representation, and the validity, enforceability, or scope of this Arbitration Agreement, except for the enforceability of the Class Action Waiver below. “Dispute” is to be given the broadest possible meaning that will be enforced.
You and Kourai agree that, except as provided below, any and all Disputes, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this Arbitration Agreement. You understand and agree that, by entering into this Arbitration Agreement, you and Kourai are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. Other rights that you would have if you went to court, such as the right to appeal and certain types of discovery, may be more limited in arbitration.
Notwithstanding the foregoing, either you or Kourai may choose to pursue a Dispute in court and not by arbitration if the Dispute is initiated in small claims court, if the Dispute seeks individualized temporary or preliminary injunctive relief to protect confidential information, intellectual property, security, or service integrity, or if applicable law does not permit the Dispute to be arbitrated. In addition, you may opt out of this Arbitration Agreement within 30 days from the date you first consent to these Terms. You may opt out by emailing written notice to legal@kourai.com or by mailing written notice to Kourai, Inc., 90 New Montgomery Street, Suite 712, San Francisco, CA 94105, Attn: Legal. Your written opt-out notice must include your name, your account email address, your mailing address, and a clear statement that you do not wish to resolve disputes with Kourai through arbitration. Your decision to opt out will have no adverse effect on your relationship with Kourai. Any opt-out request received after the 30-day deadline will not be valid, and you must pursue your Dispute in arbitration or small claims court as permitted by this Section.
Before initiating arbitration, you must first give Kourai an opportunity to resolve the Dispute informally. You must commence this process by sending written notice to legal@kourai.com or to Kourai, Inc., 90 New Montgomery Street, Suite 712, San Francisco, CA 94105, Attn: Legal. Your written notice must include your name, your account email address, your mailing address, a written description of the Dispute, and a description of the specific relief you seek. If Kourai does not resolve the Dispute to your satisfaction within 45 days after receiving your written notice, you may pursue the Dispute in arbitration. Kourai may provide notice of a Dispute to you using the email address or mailing address associated with your account.
If this Arbitration Agreement applies and the Dispute is not resolved through the informal process described above, either you or Kourai may initiate arbitration. If you are a resident of the United States, the arbitration will be submitted to the American Arbitration Association. If you use the Kourai Service primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules will apply; otherwise, the AAA Commercial Arbitration Rules will apply. Notwithstanding the foregoing, the arbitrator and the parties must comply with the following rules: the arbitration will be conducted by telephone, online, or solely on the basis of written submissions unless the arbitrator determines that an in-person hearing is required; any in-person hearing will occur in San Francisco County, California, unless applicable law requires another location; the arbitration will be conducted by a single arbitrator; the arbitration will be conducted in English; the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and the arbitration will be commenced and conducted only as an individual arbitration and will in no event be commenced or conducted as a representative, consolidated, or class arbitration. The parties agree that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern its interpretation, enforcement, and proceedings.
Your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider’s rules and applicable law. Any dispute regarding a party’s obligation to pay arbitration fees or costs shall be determined by the arbitrator.
The parties agree that the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, representative, consolidated, or private attorney general proceeding unless both you and Kourai specifically agree in writing to do so after initiation of the arbitration. Neither you nor any other user of the Kourai Service may be a class representative, class member, or otherwise participate in a class, representative, consolidated, or private attorney general proceeding against Kourai, except where this waiver is prohibited by applicable law notwithstanding this prohibition. YOU AND KOURAI EACH WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Arbitration Agreement shall survive termination of your account, termination of these Terms, and termination of your use of the Kourai Service. If any portion of this Arbitration Agreement is found unenforceable, that portion will be severed to the extent permitted by law, and the remaining portions will remain in effect, except that if the Class Action Waiver is found unenforceable with respect to a particular claim or request for relief, that claim or request for relief may proceed in court only after all arbitrable claims and requests for relief are arbitrated.
21. Governing Law and Venue
The laws of the State of California and applicable U.S. federal law govern all matters arising out of these Terms, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 20. To the extent any dispute is not subject to arbitration and may be brought in court, you and Kourai consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, except where applicable law requires otherwise, and each party waives any objection to personal jurisdiction, venue, or forum non conveniens in those courts.
22. Changes to the Kourai Service
We may modify, suspend, discontinue, or change the Kourai Service, including features, functionality, pricing, subscription plans, detection models, alerts, documentation, compatibility, system requirements, and availability, at any time.
23. Copyright Complaints
If you believe that material available through the Kourai Service infringes your copyright, you may send a notice under the Digital Millennium Copyright Act to Kourai, Inc., 90 New Montgomery Street, Suite 712, San Francisco, CA 94105, Attn: Copyright Agent, or legal@kourai.com. Your notice should include your physical or electronic signature, identification of the copyrighted work, identification of the allegedly infringing material, information reasonably sufficient to permit us to contact you, a statement that you have a good-faith belief the use is not authorized, and a statement under penalty of perjury that the information is accurate and that you are authorized to act for the copyright owner.
We may remove or disable access to allegedly infringing material and may terminate accounts of repeat infringers in appropriate circumstances.
24. Electronic Communications, Text Messages, Calls, and Notices
You consent to receive communications from Kourai electronically, including emails, text messages, mobile push notifications, in-app messages, notices posted through the Kourai Service, subscription notices, billing notices, service notices, safety notices, support communications, and other transactional communications. You agree that electronic communications satisfy any legal requirement that communications be in writing.
By providing a telephone number to Kourai, you represent that you are the owner or authorized user of that number and that you will promptly notify Kourai if the number is changed, reassigned, disconnected, or no longer under your control. You consent to receive calls and text messages from Kourai and its service providers at the telephone number you provide, including calls and text messages sent using an automatic telephone dialing system, automated system, prerecorded voice, artificial voice, or similar technology, to the extent permitted by applicable law. These communications may include account registration, authentication, onboarding, device setup, alerts, service notices, safety notices, subscription notices, billing notices, outage notices, support communications, security notices, and other operational or transactional messages relating to your account, devices, subscription, or the Kourai Service. Message frequency may vary, and message and data rates may apply.
Your consent to receive autodialed or prerecorded operational text messages or calls is not a condition of purchasing any goods or services, except to the extent a particular communication channel is necessary to provide a feature you request. You may opt out of text messages by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any text message you receive from Kourai, or by following any other opt-out instructions we provide. You may receive one final message confirming your opt-out. You may also revoke consent to calls or text messages by contacting Kourai at support@kourai.com or by using any communication-preference tools we make available. If you opt out of text messages or calls, certain alerts, account functions, security functions, setup functions, or support features may be unavailable, delayed, or limited.
Kourai may still send you legally required notices, service-critical notices, security notices, or other non-marketing communications through other available channels, including email, in-app notices, push notifications, or postings through the Kourai Service. Marketing or promotional calls or text messages, if any, will be sent only with any consent required by applicable law, and you may revoke that consent at any time using the opt-out methods provided in the message or otherwise made available by Kourai.
You are responsible for keeping your contact information current and for configuring your devices and systems to receive Kourai communications. We are not responsible for communications you do not receive because of outdated contact information, phone number reassignment, spam filters, carrier filtering, network settings, device settings, disabled permissions, or other circumstances outside our control.
25. California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer-rights notice. The Kourai Service is provided by Kourai, Inc., 90 New Montgomery Street, Suite 712, San Francisco, CA 94105. If you have a question or complaint regarding the Kourai Service, please contact us at support@kourai.com. California residents may 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., Sacramento, CA 95834, by telephone at (800) 952-5210 or (916) 445-1254, or by TDD at (800) 326-2297 or (916) 322-1700.
26. Export Compliance
You may not use, export, re-export, import, sell, or transfer the Kourai Service except as authorized by U.S. law and the laws of the jurisdiction where the Kourai Service is used or obtained. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. or applicable sanctions or restricted-party list.
27. Assignment
You may not assign or transfer these Terms, your account, your subscription, or your rights or obligations under these Terms without Kourai’s prior written consent. Kourai may assign or transfer its rights under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, financing, reorganization, sale of assets, or operation of law. Any attempted assignment in violation of this Section is void.
28. Severability, Waiver, and Entire Agreement
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. These Terms, together with the Privacy Policy, any product documentation, subscription terms, limited warranty, app-store terms, open-source license notices, and other terms expressly incorporated by reference, constitute the entire agreement between you and Kourai regarding the Kourai Service and supersede all prior or contemporaneous understandings about that subject. These Terms are for the benefit of you and Kourai only and do not create any third-party beneficiary rights, except to the extent we expressly state otherwise in writing or as required by applicable app-store terms.
29. Open Source Licenses
The Kourai Service may include software, code, libraries, packages, or other materials provided under open-source or third-party license terms. Those open-source and third-party components are licensed under their own license terms, not under these Terms, and nothing in these Terms limits your rights under those license terms. To the extent required by applicable open-source licenses, Kourai will make available required notices, attributions, license texts, source code, modification notices, or offer information through the Kourai Service, in the product documentation, on Kourai’s website, or upon request at legal@kourai.com.
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30. Contact
If you have questions about these Terms or the Kourai Service, please contact Kourai at support@kourai.com or Kourai, Inc., 90 New Montgomery Street, Suite 712, San Francisco, CA 94105. Customer support is not a 911 service, dispatch center, emergency service provider, emergency monitoring service, or lifesaving solution, and you must not contact customer support with any life-safety, medical, drowning, pool, rescue, or other emergency. If you have an emergency, immediately call 911 or the appropriate emergency response service.
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