Welcome to Kudo. By creating an account or using the Kudo Graphics platform (the "Service"), operated by Kudo Graphics, Inc. ("Kudo", "we", "us", "our"), you ("User") agree to be bound by the following Terms and Conditions ("Terms").

1. Description of the Service

Kudo provides an all-in-one platform for 3D artists and developers, which includes, but is not limited to, 2D to 3D asset generation tools via AI, 3D model optimization, and asset management (collectively, the "Service").

2. User Accounts

• Eligibility: You represent and warrant that you are at least 13 years of age (or the minimum legal age in your jurisdiction, such as 16 in the EEA). If you are under 18, you must have your parent or legal guardian's permission to use the Service.
• Security: You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account.

3. Intellectual Property and User Content

a. Your Input Content: You retain all intellectual property rights to the content you upload to the Service (3D models, textures, prompts, etc.) ("Input").

b. License to Kudo for Input: For the sole purpose of operating and providing the Service, you grant Kudo a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, process, store, adapt, and display your Input.

c. Your Output Content:To the extent permitted by applicable law, Kudo assigns to you any and all right, title, and interest Kudo may have in the assets generated or optimized by you through the Service ("Output").

d. Disclaimer on Output:Generative AI is an emerging technology. Current copyright laws in some jurisdictions (like the US) may not grant copyright protection to purely AI-generated outputs. Kudo cannot guarantee that the Output is copyrightable, unique, or that it will not infringe on third-party rights. You assume all responsibility for the use and commercialization of the Output.

4. AI Training Policy

Kudo Graphics is committed to your intellectual property. We will not use your Input Content or Output Content to train, fine-tune, or improve Kudo's proprietary artificial intelligence models.

Third-Party Integrations: To provide you with state-of-the-art features, Kudo integrates with third-party AI APIs and services (such as Google Cloud services). While we strive to partner with providers that respect user privacy, the processing of your data by these external services is governed by their respective terms of service and privacy policies. By using the Service, you acknowledge and agree that your data may be processed by these third parties according to their rules.

5. Acceptable Use and Copyright Policy

You are solely responsible for your conduct and your Content (Input and Output).

5.1. Prohibited Use: You agree NOT to use the Service to:

• Upload, generate, or share content that is illegal, defamatory, obscene, pornographic, harassing, or promotes hatred.
• Violate any local, state, national, or international law.
• Introduce viruses, reverse engineer, or attempt to gain unauthorized access to our systems.
• Use any generated Output in a manner that defames, denigrates, or tarnishes the reputation of Kudo Graphics, Inc. or any third party.

5.2. Copyright Policy (DMCA):

• You represent and warrant that you own all necessary rights to your Input Content or have permission to use it with our Service.
• Kudo Graphics, Inc. respects intellectual property rights and complies with the core principles of the Digital Millennium Copyright Act (DMCA).
• If a copyright owner (or their authorized representative) believes that content hosted or processed on Kudo infringes their rights, they may submit a takedown notice to our team.
• We reserve the right to remove or disable access to the allegedly infringing material and to terminate the accounts of repeat infringers.
• Designated Copyright Contact: For any DMCA or copyright-related inquiries, please contact our designated representative immediately at [email protected]. Please include "DMCA Notice" in the subject line for expedited processing.

6. "Beta" Status and Disclaimer of Warranties

You understand and agree that the Service is provided "AS IS" and "AS AVAILABLE". It is a product in active development (Beta) and may contain errors, bugs, or interruptions. Kudo makes no warranty that the Service will be uninterrupted or error-free.

7. Pricing and Payments

The Service is currently offered at no cost. We reserve the right to introduce fees, subscriptions, or credits in the future, following prior notification.

8. Limitation of Liability

To the maximum extent permitted by law, Kudo Graphics, Inc. shall not be liable for any indirect, incidental, or consequential damages (including loss of profits or data) resulting from the use or inability to use the Service.

9. Termination

You may delete your account at any time. Kudo may suspend or terminate your access to the Service if you materially breach these Terms.

10. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware, USA, and any dispute shall be resolved in the federal or state courts located in Delaware.

11. Contact

If you have questions about these Terms, please contact us at: [email protected]

Welcome to Kudo. This Privacy Policy explains how Kudo Graphics, Inc. ("Kudo", "we", "us", "our"), a Delaware corporation, USA, collects, uses, and protects your information when you use our platform and services (the "Service").

By creating an account or using the Service, you agree to the practices described in this policy.

1. Information We Collect

We collect three main categories of information:

a. Information You Provide:

• Account Information: When you register, we collect your email address, username, and hashed password.
• User Content: We collect and store the files you upload or generate, including but not limited to 3D models, textures, prompts, and the optimized or AI-generated assets ("User Content").

b. Information Collected Automatically:

• Usage Data and Logs: IP address, browser type, operating system, referring pages, access dates and times, and error logs.
• Cookies and Similar Technologies:We use cookies to operate the Service and authenticate your session. For non-essential cookies (such as analytics), we will ask for your explicit consent via our Cookie Banner before placing them on your device.

c. Communications Information:

• If you contact us for support or with questions, we will keep a record of that correspondence.

2. How We Use Your Information

• To Provide the Service: To operate, maintain, and provide all features of the Service.
• To Communicate: To send you administrative or service-related emails and to respond to your support requests.
• To Improve the Service: To analyze usage patterns (in an aggregated and anonymous manner), diagnose technical issues, and improve functionality.
• Security and Compliance: To protect the platform against fraud, abuse, and to comply with our legal obligations.

4. How We Share Your Information

We do not sell, rent, or trade your personal information. We only share information in the following limited circumstances:

• Service Providers (Data Processors): We use third-party vendors to help us operate the Service. Our primary infrastructure provider is Google Cloud Platform (GCP). We also utilize Kudo Technologies SAPI de CV in Mexico, for development services.
• Legal Obligations: We may disclose your information if we believe in good faith that it is necessary to comply with a law or valid legal request.
• Business Transfer: If Kudo is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.

5. Data Security

We implement reasonable technical and organizational security measures (such as encryption in transit and at rest) to protect your information. However, no system is 100% secure.

6. Data Retention

We will retain your personal information and User Content for as long as your account is active. Upon account deletion, we will purge your User Content from our active GCP servers within 30 days, except where retention is strictly necessary to comply with legal obligations, resolve disputes, or enforce our agreements.

7. Legal Basis for Processing Information (EU/EEA Users)

If you are in the European Economic Area (EEA), UK, or Switzerland, we process your personal information under the GDPR on the following legal bases: Contractual Necessity, Legitimate Interest, and Legal Obligation.

8. Your Rights Under GDPR (EU/EEA Users)

If you are an EEA resident, you have the Right of Access, Rectification, Erasure, Portability, Restriction, and Objection. To exercise any of these rights, please send your request to [email protected].

9. Rights for Users in Mexico and Latin America

• Data Controller and Processor (Mexico): The Data Controller is Kudo Graphics, Inc. (Delaware, USA). Kudo Technologies SAPI de CV (Mexico) acts as a Data Processor.
• ARCO Rights (Mexico): You have the right to exercise your rights of Access, Rectification, Cancellation, and Opposition (ARCO).
• Latin America: Kudo recognizes data protection rights under local laws (e.g., Colombia's Law 1581, Peru's Law 29733, Habeas Data).

10. Rights for Users in Japan

If you reside in Japan, Kudo respects the Act on the Protection of Personal Information (APPI). You have specific rights regarding access, rectification, and deletion of your data.

11. International Data Transfers

All information and User Content we process is stored and processed on servers located in the United States (via Google Cloud Platform). By using the Service, you grant your explicit consent to this international data transfer.

12. Your Rights and Choices (General)

• Access and Update: You can review and update your account information by logging into your profile.
• Account Deletion: You can request the deletion of your account by contacting us.

13. Children's Privacy

The Service is not directed to individuals under the age of 18, and we do not knowingly collect information from them.

14. Changes to this Policy

We may update this Privacy Policy. We will notify you of material changes by posting the new policy on our website.

15. Contact

If you have questions about this Privacy Policy, please contact us at: [email protected]