Welcome to KloneMe APP! Thanks for using KloneMe APP (including its mobile application, and any other tools, products, or services provided by Haplet that link to or reference these Terms) (collectively, the “App”). The App is provided by Haplet LLC (“Haplet”, “we,” “our,” or “us”), a New Jersey limited liability company located at 6751 Columbia Gateway Dr, Suite 300, Columbia, MD 21046, U.S.A.
By using our App, you are agreeing to these Terms of Service (“Terms”). Please read them carefully. Our App is very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant App feature or service, then those additional terms become part of your agreement with us if you use those App features or services. By accessing or using the App, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of the Terms for your records.
1. Using our App
You must follow any policies made available to you within the App.
Don’t misuse our App. For example, don’t interfere with our App, try to access our App using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the App (in other words, no scraping). You may use our App only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our App to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Using our App does not give you ownership of any intellectual property rights in our App or the content you access through it (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our App, including the Haplet and KloneMeAPP names and logos. Don’t remove, obscure, or alter any legal notices displayed in or along with our App. Additionally, exceeding any applicable or reasonable limitation on storage capacity for Your Documents (as defined below) is prohibited and may prevent you from adding documents or accessing other features of the App.
Our App displays some Content that is not our own. For example, some Content belongs to our advertisers, other third parties, or other users (collectively, “Third Party Content”) or is Your Content (as defined in Section 5 below). We are not responsible for, and you waive all of our liability with respect to, Third Party Content or Your Content. Third Party Content and Your Content is the sole responsibility of the individual or entity that makes it available via the App. We may review Third Party Content or Your Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content or Your Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
In connection with your use of the App, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails or disabling notifications in the App’s settings. Please be aware that there may be a brief period before we are able to process your opt-out.
Our App is available on mobile devices, which may cause you to incur data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the App.
2. Your KloneMeAPP Account
You will need an account in order to use the App. We do not authorize users under 13 years of age to use the App. You must not create an account if you are under 13 years of age, and you must not invite any individual under 13 years of age to use the App or join your “Family Vault” on the App. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by a family member or household member who has been granted permission to administer accounts or App access on your behalf (an “Administrator”), your Administrator will be able to access any of Your Documents (as defined below) that you add to the “Family Vault” managed by your Administrator. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any mobile devices or other end points that you allow to store your App password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your App account, including the activities of any individual with whom you share your App account or an Activated Device.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at contactus@kloneme.ai.
3. Payment
You agree to pay all amounts owed to us for the App under any terms, policies or other written or electronic agreement we may have in place. We may require you to maintain valid credit card or other payment account information with us in order to receive the App, and if so, you hereby authorize us to charge your credit card or other payment account for the App. Your right to use certain premium features of the App is conditioned upon our receipt of payment. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms. Any failure to maintain valid, up-to-date payment information with us or to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the App immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.
4. Privacy and Feedback
Our privacy policy explains how we treat your personal information and protect your privacy when you use our App. By using our App, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the App. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the App.
If you submit feedback or suggestions about our App, you agree that we may use your feedback or suggestions without obligation to you.
5. Content You Submit or Share
You may submit, upload, and share certain content to or through the App, such as text, pictures, videos (collectively, “Your Posts and Messages”), and Your Documents (as defined below) (Your Posts and Messages and Your Documents are collectively referred to as “Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms. “Your Documents” means the identifications, credentials, or other documents you store on the App, such as your digital identification cards (e.g., digital versions of your driver’s license, passport, or health insurance card), household-related records (e.g., documents concerning your income, property, or taxes), personal health documents (e.g., health records or personal fitness statistics), or travel-related documents (e.g., travel itineraries or reservations, boarding passes, or other digital tickets). You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours.
When you upload, submit, or otherwise share Your Posts and Messages to or through our App, you give us (and those we work with) a worldwide license to use, host, store, scan, and create derivative works of Your Posts and Messages (such as those resulting from translations, adaptations or other changes we make so that Your Posts and Messages work better with our App). The rights you grant in this license to Your Posts and Messages are for the limited purpose of operating and improving our App, and to develop new products or services. This license to use Your Posts and Messages continues in perpetuity (subject to any applicable privacy laws), even if you stop using our App. Make sure you have the necessary rights to grant us this license for any content that you submit to our App.
When you upload, submit, or otherwise share Your Documents to or through our App, you give us (and those we work with) a worldwide license to use, host, store, and scan Your Documents. The rights you grant in this license to Your Documents are for the limited purpose of operating the App; we do not use the contents of Your Documents to improve our App or to train machine learning or artificial intelligence models. As further described in our privacy policy, each of Your Documents that you choose to store on the App is protected using end-to-end encryption, using keys that are derived from your device and your device’s passcode (which only you know). Haplet does not maintain or have access to the encryption or decryption keys for Your Documents, and, unless you choose to use the optical character recognition features of the App (“OCR Features”) to analyze Your Documents, there is no foreseeable way for Haplet to decrypt, view, or otherwise access unencrypted versions of Your Documents that are stored on the App or our servers, or any of the personal or other information contained in Your Documents. If you choose to use the App’s OCR Features, then Haplet will have access to the personal and other information contained in Your Documents, as further described in our privacy policy.
You may request that we delete any of Your Content that you submit to the App by sending us an email at contactus@kloneme.ai. To the extent within our control we’ll remove Your Content from display and mark it for future deletion if permitted by applicable law; however, it may persist in backup or residual copies for a reasonable period of time (but will not be available to other users through the App). You may also delete Your Documents from the App at any time. For purposes of clarification, once you submit or share Your Content with others via the App (e.g., other users or third parties), we no longer have control over those portions of Your Content and will not be able to delete it or prevent them from using it.
You agree that you will not use the App to:
- Violate any law or a third-party’s rights;
- Submit excessive or unsolicited commercial messages or spam any users;
- Submit malicious content or viruses;
- Solicit other people’s login information, credit card numbers, or other sensitive information;
- Harass or bully other users; or
- Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.
6. Intellectual Property Protection
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so. If you are a copyright owner or its agent and believe that any content residing on or accessible through the App infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that we have removed or to which we have disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of U.S. District Court for the District of Maryland, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the App.
The contact information for our Designated Agent is:
Haplet LLCAttention: Copyright Agent
6751 Columbia Gateway Dr, Suite 300
Columbia, MD 21046
Email: contactus@kloneme.ai
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at contactus@kloneme.ai. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Haplet or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken under this section.
7. About Software in our App
You must download the App to your device in order to use it, and the App may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.
Haplet gives you a personal, non-commercial, worldwide, non-assignable, and non-exclusive license to use the Software to access the App. This license is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our App or Software, nor may you reverse engineer or attempt to extract the source code of the App or Software, unless laws prohibit those restrictions or you have our written permission.
There may be software programs contained within certain Software that have been licensed to us by third parties. The term “Software” as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.
8. Modifying and Terminating our App
We are constantly changing and improving our App. We may add or remove functionalities or features, and we may suspend or stop providing the App or certain features altogether, at any time, without any notice or liability.
You can stop using our App at any time, although we’ll be sorry to see you go. You may choose to permanently delete your account by navigating to [Delete Account] in the settings for the App. We may also stop providing the App to you, or add or create new limits to our App, at any time.
Sections 8 – 15 will survive termination or expiration of these Terms indefinitely.
9. Our Warranties and Disclaimers
10. Liability for our App
11. Limitations on Certain App Features and Uses
Your Health Documents
You can choose to use the App to consolidate and store Your Documents consisting of health records, personal fitness statistics, or similar documents relating to your personal health (“Your Health Documents”). You are in control over which of Your Health Documents are stored in the App, and which of Your Health Documents are shared with other App users. The App may perform analyses of Your Health Documents; however, Haplet and its associated personnel are not healthcare providers, and do not provide medical advice. The App is not a substitute for professional medical advice, and the App is not designed or intended for use in the diagnosis of any disease or other condition, or in the detection, treatment, prevention, or cure of any disease or other condition. Always consult with a healthcare professional prior to making any decisions related to your health.
Your Household Records
You can choose to use the App to consolidate and store Your Documents concerning your financial condition, such as documents concerning your income, property, or taxes (“Your Household Documents”). You are in control over which of Your Household Documents are stored in the App, and which of Your Household Documents are shared with other App users or third parties. The App may perform analyses of Your Household Documents; however, the App is not a substitute for professional financial, investment, accounting, tax, or legal advice.
Original Documents
The App enables you to store and view digital versions of Your Documents in one convenient place. However, you acknowledge that it is your responsibility to retain original physical versions of Your Documents, and to maintain physical copies or alternate digital backups of Your Documents outside of the App. To the extent not prohibited by law, Haplet does not guarantee that Your Documents will not be subject to inadvertent damage, corruption, loss, or removal in accordance with these Terms, and Haplet will not be responsible should such damage, corruption, loss, or removal occur.
OCR Features
The OCR Features may occasionally misidentify documents, and the information collected from Your Documents by the OCR Features may contain errors. You are responsible for reviewing all information collected by the App’s OCR Features before relying on it for any deadline, travel, application, or other purpose. Haplet is not responsible for missed deadlines, denied travel, rejected applications, or other consequences of incorrect or incomplete information collected by the OCR Features.
Expiration and Renewal Alerts
The App may provide notifications about upcoming expiration or renewal dates for Your Documents based on information collected by the App’s OCR Features. These notifications are provided as a convenience and are not guaranteed to be delivered, accurate, or timely. You are solely responsible for tracking your own expiration or renewal deadlines and for verifying expiration dates using the original versions of Your Documents.
12. Indemnification
You hereby agree to indemnify, defend, and hold harmless Haplet, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, Your Content, or your use or misuse of the App. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.
13. About these Terms
We may modify these Terms or any additional terms that apply to the App for any reason, for example, to reflect changes to the law or changes to our App. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the App, or via email. By continuing to use the App after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for the App, you should discontinue your use of the App.
If there is a conflict between these Terms and any additional terms for a particular service or feature within the App, the additional terms will control for that conflict.
These Terms control the relationship between Haplet and you. They do not create any third-party beneficiary rights (except in the limited case of Section 14). If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the State of Maryland, excluding Maryland’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the App.
You may not assign or delegate your rights or obligations relating to these terms or your account for the App without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact Haplet, please visit our contact page.
14. Third Party Terms
You agree that in addition to these Terms, your use of the App is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Play terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the App.
Without limiting the generality of the foregoing, if you downloaded the App from Apple, you and Haplet acknowledge and agree to the following: This agreement is concluded between you and Haplet only, and not with Apple Inc. (“Apple”). The mobile app downloaded from Apple may only be used on Apple hardware products. Haplet, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Haplet’s sole responsibility. Haplet, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) 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 agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.
15. Binding Arbitration
Without limiting your waiver and release in Section 9, you agree to the following:
a. Purpose
Any and all Disputes (as defined below) involving you and Haplet will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 15 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 15 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.
b. Definitions
The term “Dispute” means any claim or controversy related to the App or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “Haplet” means Haplet LLC and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the App or the Software.
c. Initiation of Arbitration Proceeding / Selection of Arbitrator
The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Haplet by mail to 6751 Columbia Gateway Dr, Suite 300, Columbia, MD 21046.
d. Right to Sue in Small Claims Court
Notwithstanding anything in this Arbitration Provision to the contrary, either you or Haplet may bring an individual action in a small claims court in the area where you access the App if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
e. Arbitration Procedures
This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Haplet about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Haplet agree otherwise, any arbitration hearing will take place in Baltimore, MD. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
f. Waiver of Class Actions and Collective Relief
g. Arbitration Fees and Costs
If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS fees and costs will be Haplet’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Haplet for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Haplet will pay all fees and costs that it is required by law to pay.
h. Severability and Waiver of Jury Trial
If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND HAPLET AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
i. Continuation
This Arbitration Provision will survive the termination or expiration of these Terms.
16. Users in India
If you are located in India and use the App, the following terms apply to you in addition to the rest of these Terms.
No Aadhaar
The App does not support the storage, processing, or sharing of Aadhaar numbers, Aadhaar card images, or any information extracted from Aadhaar credentials. You agree not to upload any Aadhaar credential or information to the App. If you do, you acknowledge that we may delete it without notice.
Data Principal Rights and Grievance Redressal
You have the rights set out in the Users in India section of our Privacy Policy. You may exercise those rights, or raise a grievance, by contacting our Grievance Officer at contactus@kloneme.ai.
Contact
Questions about these Terms? Reach out:
Haplet LLC6751 Columbia Gateway Dr,
Suite 300,
Columbia, MD 21046
Email: contactus@kloneme.ai