Terms and Conditions

Last updated: March 2024

We're thrilled that you've chosen to use LitLab.ai! LitLab.ai, a business alias of Koalluh, is the leading provider of reading software that aims to make reading more engaging, more personalized, and more “just right” for kids, regardless of their background or their current reading proficiency.

In order to visit, use, or access LitLab.ai, every user (“user,” “user's,” “you” or “your”) has to agree to the following Terms and Conditions (the “Terms” or the “Agreement”). These Terms constitute a legally-binding agreement made between you, whether personally or on behalf of an entity, and Koalluh, Inc. (“Koalluh,” “LitLab.ai,” “LitLab,” “we,” “us” or “our”), concerning your use of our platform (“Platform”), websites, apps, social media pages, and all of our products, services, and channels (collectively, the “Services”). You agree that by accessing the Services in any way, you have read, understood, and agree to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE THE PLATFORM.

By using our Platform and receiving services related to the Platform, you also agree to be bound by our Privacy Policy and any supplemental terms and conditions or documents that may be posted on or through the Platform from time to time. The Privacy Policy and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms at the top of this section. It is your responsibility to periodically review these Terms to stay informed of updates. If we make material updates to the Terms we will notify you via email, through the Platform, or through another communication channel. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes within any revised Terms by your continued use of the Platform after the date such revised Terms are posted.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1. Prohibited Uses of the Platform

By using the Platform, you agree not to (unless licensed by us to do so):

• • Reproduce, copy, modify in any material manner, or remove LitLab's proprietary marks, logos or notices;
• • Lease, resell or redistribute any of our services;
• • Use the Platform in connection with any commercial endeavors;
• • Reverse engineer the Platform;
• • Make the Platform available on any file-sharing platform;
• • Harm, as determined in our sole discretion, LitLab, the Platform, other users or third parties or their use and/or experience with the Platform with, including but not limited to the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials which are herein expressly prohibited;
• • Use the Platform in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
• • Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• • Make any unauthorized use of the Platform, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mails, or creating user accounts by automated means or under false pretenses;
• • Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein;
• • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• • Make improper use of our support services or submit false reports of abuse or misconduct;
• • Use any information obtained from the Platform in order to harass, abuse, or harm another person, or make any statement or take any action that is in violation of any user’s civil or other rights;
• • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform;
• • Engage in any automated use of the Platform, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• • Interfere with, disrupt, or create an undue burden on the Platform or the networks or servers connected to the Platform;
• • Attempt to impersonate another user or person or use the username of another user;
• • Sell or otherwise transfer your profile, share your profile with another person, or make your login credentials available to another person;
• • Use the Platform or any related services in a manner that violates any applicable law, regulation or these Terms;
• • Permit any third party to use the Platform in a manner that violates any applicable law, regulation or these Terms.

To report violations of these policies, contact ops@litlab.ai.

2. Intellectual Property Rights

Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this Platform and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This Platform may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “LitLab's IP”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of LitLab's IP or Other Materials on the Platform without the prior express written permission of the appropriate owners. We and our licensors grant you a limited, non-exclusive, non-transferable license to view, copy, and display LitLab's IP or Other Materials solely in connection with your permitted use of the Platform. Any rights not expressly granted here are reserved. Unauthorized use of LitLab's IP or Other Materials is prohibited.

3. Limitation of Liability

In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Platform, or use thereof. Nothing contained on the Platform or in any written or oral communications from LitLab or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Platform are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Platform content or the related services therein or that the functionality of the Platform will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Platform is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL LITLAB.AI, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE PLATFORM OR THE SERVICES OR THE INFORMATION CONTAINED THEREIN OR GENERATED THEREWITH, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PLATFORM, EVEN IF LITLAB.AI HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL LITLAB.AI HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE TERMS, THE PLATFORM OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF LITLAB.AI HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of LitLab and sole remedy available to any user in any case in any way arising out of or relating to the Terms, the Platform or related services shall be limited to monetary damages that in the aggregate may not exceed the greater of $250.00 or the sum of any amount paid by the user to LitLab during the six (6) months prior to notice to LitLab of the dispute for which the remedy is sought, whichever amount is lesser.

4. User Submitted Content

As part of its primary mission to support and enhance education with innovative, engaging and user-friendly tools including LitLab's unique and proprietary AI story generator, we may from time to time accept inputs/submissions of content from our users (collectively “User Content”). Neither LitLab nor any of its affiliates endorses any individual or entity users, their User Content, or the derivative works which may result from same. Neither LitLab, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals or in connection with any conduct of these entities or individuals.

Each user who inputs/submits any User Content acknowledges and agrees that we have the right, in our sole discretion, to reject, delete, or alter any and all User Content we deem inappropriate, illegal or otherwise offensive.

Any user who inputs/submits any User Content hereby represents that such User Content does not violate any third-party intellectual property rights and further grants us a license to show and make this User Content accessible on the Platform, or on any successor or affiliate platform, or, to utilize the User Content for analytics purposes, subject to our Privacy Policy.

By inputting/submitting any User Content to the Platform, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims.

5. Platform Management

We reserve the right, but are under no obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

6. Modifications and Interruptions

We reserve the right to change, modify, or remove the content on the Platform at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform or the services related to the Platform.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

7. Electronic Communications, Transactions, and Signatures

Accessing and using the Platform, sending us e-mails or chat messages, filling in requested information, and inputting/submitting User Content constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Platform, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

If you access the Platform from outside of the United States or Canada, you do so at your own risk. You acknowledge that any personal information you provide will be processed in the United States, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and our Privacy Policy.

8. Term and Termination

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use of or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. Severability Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.

10. Governing Law

These Terms and our legal obligations hereunder are subject to the laws of the State of Georgia, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the State of Georgia, United States of America, in all disputes arising out of or relating to the Platform.

11. Informal Dispute Resolution

We want to address your concerns without litigation or other formal proceedings. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting ops@litlab.ai and providing us with reasonably detailed information concerning your issue. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or we may bring a formal proceeding in accordance with these Terms.

12. Attorneys' Fees

In the event that LitLab is successful in whole or in part in any action or proceeding related to or arising from these Terms, you shall be responsible for LitLab's attorneys' fees and costs.

13. Miscellaneous

These Terms and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Platform. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

14. Please Read Our Privacy Policy

Please read our Privacy Policy, which is incorporated fully into these Terms.

15. Indemnity by You

You agree to defend, protect, indemnify and hold LitLab, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to a third-party claim:

• • Your use of the Platform or related services;
• • Your breach of these Terms;
• • Your infringement of copyright or other intellectual property rights arising from the combination of the Platform with Your content, products, services, hardware or entity processes, or for any use of the Platform not expressly authorized herein;
• • Any unlawful or fraudulent activity related to your use of the Platform.

16. Contact

For questions or concerns, we can be contacted by email at ops@litlab.ai, or by mail at: