Last updated: 10th June 2025
This document (the “Terms”) governs the relationship between KOPE.AI Ltd (“KOPE.AI”, “us”, “we” or “our”) and you in relation to your access and use of the online platform for offsite construction, currently located at www.kope.ai, app.kope.ai, market.kope.ai, www.offsite.market, www.mmc.market, www.kope.market, and construct.kope.ai (together with any other KOPE.AI websites, software applications and technologies owned by us, referred to together as the “KOPE.AI Platform”).
KOPE.AI provides an online directory of suppliers and their products, visualisation and design tools and associated services, as may change from time to time, for the construction industry (“Services”). These Services enable users of the KOPE.AI Platform to list their real-world construction products, materials and systems (“Products”) and apply and combine Products to create designs. If you are in the business of manufacturing and selling Products and publish details of those Products on the KOPE.AI Platform, you are acting as a “Supplier” for the purpose of these Terms. If you are using Products for design purposes (and act as, for example, a designer, architect, contractor, quantity surveyors or cost consultant), you are acting as a “Specifier” for the purpose of these Terms. We refer to everyone who accesses or uses the KOPE.AI Platform or the Services, whether registered or not, as a “User”.
Our registered office is at 86-90 Paul Street, London, United Kingdom, EC2A 4NE and our registered number is 12180284.
The Terms form a legally binding agreement between you and us. Please take time to read them carefully.
1 Your acceptance of these terms
1.1 By accessing and using the KOPE.AI Platform, and the Services made available through it, you agree to be bound by these Terms, as may be amended or varied from time to time. Your acceptance is on your behalf and on behalf of any entity (company, partnership or other entity) that employs or engages with you for the use of the Services ( “Business”), if applicable. For the purpose of these Terms, “you” and “your” means you as the User of the KOPE.AI Platform and the Services and your Business.
1.2 You also acknowledge that our Privacy Notice and Cookie Notice (in each case, as amended from time to time) apply to our use of your personal data and cookies (and other similar technologies) in relation to the KOPE.AI Platform. Please review these Terms, our Privacy Policy and our Cookie Policy and save a copy of them for your future reference.
1.3 If you have any questions about these Terms, please contact us using the contact details at the end of these Terms.
2 Right to update these terms
2.1 We may amend or vary these Terms at any time and for any reason, including to reflect changes affecting the KOPE.AI Platform, our Services, our technology, our licensing arrangements, our payment policies, best practices, relevant laws and/or regulatory requirements.
2.2 Any revised terms or policies will be made available to you here and a notification of any material changes may be emailed to you if you are a registered User. Please take a moment to read the changes. If you continue to use the KOPE.AI Platform after we make the changes, you will be deemed to agree to the changes. If you do not agree to the changes, you should not use the KOPE.AI Platform.
2.3 This version of the Terms is effective from the date specified at the top of this page. Previous versions of the Terms can be found here.
3 Registering your account
3.1 In order to use or access certain parts of the KOPE.AI Platform you may be required to register for an account (an “Account”) by providing certain personal information about yourself and your Business(“Registration Data”). To be eligible to create an Account you must be at least 18 years of age. We reserve the right to request proof of age at any stage so that we can verify your age.
3.2 All Users (whether an individual or a Business) must only use the Services in the course of their trade, business, craft or profession, and you confirm that you are not acting as a consumer when using the Services.
3.3 You shall ensure that your Registration Data, and any other information or data (including personal data) that you provide to us (“User Data”) in relation to your Account, is true and accurate, and kept up to date. We will use your personal data as set out in our Privacy Policy.
3.4 You are responsible for your use of the KOPE.AI Platform or any other use that you have authorised. You are also responsible for keeping your Registration Data secure and protecting it against unauthorised use and for ensuring the security of any device from which you sign into your Account. If you fail to do so, you are responsible for any unauthorised use of the KOPE.AI Platform using your Registration Data, and we shall have no liability to you in respect of such use. We recommend that you change your password from time to time to assist with security.
3.5 If you believe someone has accessed the KOPE.AI Platform using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your Registration Data.
3.6 Unless otherwise agreed or designated by KOPE.AI in writing, you may only have one Account at any one time. We may contact you and require you to satisfy us that you are not in breach of these Terms by operating multiple Accounts at the same time.
3.7 Account and profile names must not: (i) be obscene or offensive, (ii) infringe any third party rights, (iii) mislead anyone as to your identity, or (iv) otherwise (in our absolute discretion) be considered inappropriate. We may ask you to change any element of your username or profile image at any time, or change it directly ourselves (in which case we will send a message to your registered email address explaining this).
4 Subscription tiers
4.1 KOPE.AI offers several subscription tiers for both Suppliers and Specifiers. Some subscription tiers may have differing features, conditions and limitations, which will be disclosed to you prior to when you sign-up or in other communications made available to you.
5 Subscription fees
5.1 Access to the KOPE.AI Platform and the Services is conditional on the payment of the fees in relation to your applicable subscription tier (“Subscription Fees”).
5.2 Unless you register for a free subscription tier:
(a) to use the Services you must provide us with a current, valid method of payment accepted by us (“Payment Method”), as may be updated from time to time. Unless you cancel your subscription before your next payment date; and
(b) we will charge a Subscription Fee to your Payment Method or invoice you for a Subscription Fee (as applicable) when you sign up to the Service and on a monthly or annual basis (as applicable) thereafter. Please visit your “Account” page or contact us using the contact details in section 20 of these Terms if you would like to check your next payment date and invoice details, as applicable. In some instances, your payment date may change, for example if your Payment Method has been declined or when you change your subscription tier; and
(c) you authorise us to charge the Subscription Fee for the next billing cycle to your Payment Method.
5.3 Payments of Subscription Fees are non-refundable and we do not provide refunds or credits for any partial subscription periods. We may change the prices that apply to our subscription tiers and Services. We will provide you with at least sixty (60) days’ prior written notice of any changes to our pricing. If you do not agree to the price change or any other changes to your subscription plan, you can cancel your subscription before such change takes effect.
5.4 If we can’t charge your Payment Method because it has expired, you have insufficient funds or for any other reason, and you don't cancel your Account, we might restrict your access to our Services and continue to try to charge you until a valid Payment Method is charged. Some Payment Methods might incur additional charges, such as foreign transaction fees or other fees related to payment processing. The taxes you pay might differ based on your chosen Payment Method or location. Please consult your payment service provider for more information.
5.5 You can update your Payment Methods by contacting us using the contact details in section 20 of these Terms or by visiting the "Account" page. Following any such change, you authorise us to charge the updated Payment Method.
6 Subscription cancellation
6.1 Your subscription to our Services will continue on a rolling monthly or annual basis (as applicable) until terminated by us or cancelled by you. To cancel your subscription, log into your Account and follow the instructions for cancellation on the “Account” page or by contacting us using the contact details in section 20 of these Terms.
6.2 You can cancel your subscription at any time, and you will continue to have access to the Services until the end of the relevant billing period. If you cancel your subscription, your Account will automatically close at the end of your current billing period.
6.3 You may cancel your subscription if we commit a Material Breach and fail to remedy it within a 30-day written notice period. If you terminate your subscription pursuant to this Clause, the Customer shall be entitled to a pro-rata refund of any prepaid fees covering the period after the effective date of termination.
7 Termination or suspension by kope.ai
7.1 We may, at our sole discretion, without notice and without liability to you, immediately terminate or suspend your Account, or block your use of the KOPE.AI Platform, in the event that we reasonably consider that:
(a) you have violated these Terms; or
(b) you have violated any of our policies (including our Acceptable Use Policy).
7.2 If we terminate your Account on the grounds set out in section 7.1, you shall not be entitled to any refunds.
7.3 If your Account is suspended, you will not be able to use the KOPE.AI Platform during any period of suspension.
7.4 We may also terminate or suspend your Account:
(a) if we decide to no longer provide the Platform, for example due to technical, financial or legitimate business reasons; or
(b) for any reason on 30 days’ notice to you.
7.5 You also acknowledge that we may cease to make the Platform available in any particular territory or region at any time without notice to you.
8 Terms specific to suppliers
8.1 You may upload details about your Products including but not limited to product name, description, attributes, dimensions, images, details of any accreditations or standards and details of other properties (“Product Information”). You are fully responsible for keeping all Product Information true, accurate and complete at all times.
8.2 From time to time, KOPE.AI creates listings relating to Suppliers to help Suppliers build their presence on KOPE.AI. The information we obtain to create those listings is compiled from a variety of sources, including publicly available information. Any listings created by KOPE.AI have a note indicating that it was created by KOPE.AI. If you are registering an Account and claiming an existing listing that relates to your Business, you are solely responsible for verifying that any information including Product Information contained within any such listing is correct. If you believe a listing is inaccurate or should be removed, please contact us using the details contained in these Terms.
8.3 The visibility of your Product Information on the Platform may depend on your subscription tier. Depending on your subscription tier, you may choose to make Product Information available to all Suppliers and Specifiers or to make such information publicly available to all Users, (regardless of whether such users are registered or not). Please see here for details of our subscription tiers.
9 Terms specific to specifiers
9.1 You may use our Services and the Product Information to generate or create work product, designs, drawings, visualisations, prototypes and other items (“Designs”) for your construction projects. You agree that KOPE.AI is not responsible for the accuracy or completeness of any Product Information, and that KOPE.AI makes no representation or warranties regarding the accuracy, completeness or fitness for purpose of any Product Information or Designs.
9.2 KOPE.AI is not responsible or liable in any manner whatsoever for the results obtained through use of the Services, including any Designs. You are solely responsible for using the Services including:
(a) any results produced by the Services, including any Designs, and
(b) assessing the adequacy, reliability, safety, accuracy, completeness and compliance with applicable laws and industry standards, and other characteristics of the Designs, including any forecasts, insights, purchasing decisions.
9.3 You own the Designs that you generate using our Services, provided they were created in accordance with these Terms. KOPE.AI makes no representations or warranties with respect to the current law that might apply to you and the ownership status of the Designs. Due to the nature of artificial intelligence technologies, Designs may also not be unique across Users and the Services may generate the same or similar results across Users.
10 Your content on the kope.ai platform
10.1 As part of the Services, KOPE.AI may provide access to libraries of code, models, algorithms and other similar items as developed by KOPE.AI from time to time (“KOPE.AI Library”) or allow the Specifier or Supplier to upload its own libraries of code, models, algorithms or other similar items (“User Library”) to the KOPE.AI Platform, which may then be used to generate Designs or parts of Designs (“KOPE.AI Activities”). KOPE Libraries and User Libraries are referred to together as “Platform Libraries”. You may choose to make your User Library available to other Specifiers and Suppliers in accordance with the terms of your subscription tier.
10.2 The Platform enables you to: (i) upload User Data, files, designs, models, data sets, images, documents, or similar materials including Product Information and User Libraries; (ii) send messages to other Users; and (iii) generate Designs (“Your Content”). We may require that you upload Your Content in format types that we support via the KOPE.AI Platform and change such formats from time to time.
10.3 It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other Users are true. You should therefore exercise some degree of caution when using any website or app. By using the KOPE.AI Platform you accept that you use the KOPE.AI Platform and any content contained on the KOPE.AI Platform at your own risk.
10.4 Your Content must not:
(a) be or cause you to use the KOPE.AI Platform or the Services in any way that is prohibited under or in breach of these Terms;
(b) contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
(c) be illegal or infringe any of our rights of any third party, in any country in the world; and
(d) be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data),
together, “Infringing Content”.
10.5 We will not be responsible, or liable to any third party, for the content or accuracy of Your Content posted by you or any other User of the KOPE.AI Platform.
10.6 We reserve the right to monitor and review Your Content and the content of other Users, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, Your Content has not been verified or approved by us. Views expressed by other Users on the KOPE.AI Platform do not represent our views or values.
10.7 We make no guarantee that Your Content will be kept on the KOPE.AI Platform for any length of time, and we reserve the right to remove Your Content as we see fit, including if it does not comply with these Terms or removal is otherwise desirable for business or operational reasons. You are urged to keep back-up copies of any of Your Content submitted to us. The KOPE.AI Platform should not be used as your primary method to store or curate copies of your images, videos, text and Designs, as Your Content may be removed permanently from the KOPE.AI Platform at any time, and we may not keep copies of Your Content.
10.8 You will notify us without delay by emailing info@kope.ai if you become aware that any of Your Content is or becomes Infringing Content (as defined in section 10.4 of these Terms) and you will provide us with any and all information and assistance that we require to in order to identify and remove any Infringing Content from the KOPE.AI Platform.
11 Using the kope.ai platform and services
11.1 To access the Platform, you warrant and agree that:
(a) you have the legal right, power and authority to agree to these Terms (on your own behalf and on behalf of your Business) and that these Terms constitute legal, valid and binding obligations enforceable against you and your Business;
(b) you will comply with KOPE.AI’s notices, guidelines and other rules that apply to your access to the KOPE.AI Platform and use of the Services including our Acceptable Use Policy, in each case as KOPE.AI may issue from time to time and notify to you via the Platform or by e-mail;
(c) you are responsible for making all arrangements necessary to access the KOPE.AI Platform. You are responsible for ensuring that your computer and/or portable device is compatible with our KOPE.AI Platform;
(d) you will access the Platform and use the Services for lawful purposes only and, in your use of the Platform and the Services, you will comply with all applicable laws;
(e) you will not make excessive or inappropriate use of the Platform or the Services and will not interfere with another User’s use or enjoyment of the Platform or the Services in any manner that could damage, disable, overburden or impair the Service. You acknowledge that the Platform and the Services are a shared service provided to a community of Users. Therefore, excessive or inappropriate use by one User may adversely affect the experience of other Users;
(f) your agreement with your mobile network and/or internet service provider (“Internet Providers”) will apply in respect of your use of data in connection with your use of the KOPE.AI Platform and that you may be charged by your Internet Provider in respect of such use. You accept responsibility for such charges;
(g) all information provided by you, including Your Content, to KOPE.AI is true, accurate and complete at all times. If there are any changes to the information you have previously provided to KOPE.AI, you will promptly update any such information within your Account or provide to KOPE.AI, as applicable;
(h) you have all the necessary rights, consents and permissions to upload Your Content to the Platform and use it in connection with the Services, and such information does not violate the intellectual property rights or other rights of any third party;
(i) except as set out in section 14.5 of these Terms, you will not use, or cause others to use, any automated system or software to extract content or data from the KOPE.AI Platform for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;
(j) you will not interfere with, or disrupt, the KOPE.AI Platform or any servers or networks connected to the KOPE.AI Platform, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the KOPE.AI Platform is rendered or displayed in a User’s browser or device;
(k) you will not use the Services or the KOPE.AI Platform to upload, host User Libraries or otherwise facilitate activities related to the mining of cryptocurrencies, non-fungible tokens or any similar mechanism that utilises the KOPE.AI Platform’s computational resources for monetary gain or other reward including solving cryptographic problems, blockchain validation, or any form of digital asset generation;
(l) you will not resell or sublicense or otherwise facilitate resale or sub-licensing of computation time, data storage or any part of the Services or content on the KOPE.AI Platform to Users or other third parties;
(m) you will not access the KOPE.AI Platform via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(n) you will not impersonate any other person (including another Supplier’s or Specifier’s account) or conduct yourself in a manner which is unlawful or offensive, or which may harass, defame, bully or intimidate any other person;
(o) you will not use false email addresses or any other means to mask your identity;
(p) you will not use the KOPE.AI Platform for any illegal or unauthorised purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;
(q) you will not use the KOPE.AI Platform in any way or that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or (iv) is likely to harass, upset, embarrass or alarm any other person;
(r) you will not change, modify, adapt or alter the KOPE.AI Platform or change, modify or alter another website so as to inaccurately imply an association with the KOPE.AI Platform or us;
(s) you will not circumvent, remove, alter, deactivate, degrade or thwart any of the content or protections in the KOPE.AI Platform and/or Services or any part thereof;
(t) you will not copy, modify, decompile or reverse engineer any part of the KOPE.AI Platform (including any of our software, products, processes accessible via the Services) including by attempting to derive the source code of any part of the KOPE.AI Platform;
(u) you will not act in a manner that may be perceived as damaging to us, the KOPE.AI Platform or our service providers' reputation and goodwill, or which may bring us, the KOPE.AI Platform or our service providers into disrepute or harm; and
(v) you will not make a derivative work of the Platform, or use the Platform to develop any service or product that is the same as, or substantially similar to, or that competes with the Platform.
12 Availability of the platform
12.1 To the best of KOPE.AI’s knowledge and belief, any underlying proprietary software developed by KOPE.AI and made available via the Services and KOPE.AI Libraries provided by KOPE.AI does not infringe copyright.
12.2 Except as set out in section 12.1, we provide the KOPE.AI Platform on an ‘as is’ and ‘as available’ basis. To the extent permitted by applicable law, we give no warranty that the KOPE.AI Platform will be free of defects and/or faults, that defects will be corrected or that the KOPE.AI Platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
12.3 We will do our best to make sure that our KOPE.AI Platform (and any email that we sent to you in connection with the KOPE.AI Platform) is accurate, reliable, up-to-date and free from bugs, trojan horses or other harmful components but we cannot promise that it will be, and you are responsible for putting in place your own internet security and safety measures.
12.4 The content displayed on the KOPE.AI Platform (and the content that we send to you via email in connection with the KOPE.AI Platform) is made available to you for your general information. We give no warranty that such content is accurate or reliable. Such content is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the content made available on the KOPE.AI Platform is at your own risk.
12.5 Our KOPE.AI Platform has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use.
12.6 We make no warranty that the KOPE.AI Platform will be uninterrupted or error-free, that defects will be corrected or that the KOPE.AI Platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
12.7 We reserve the right to alter, suspend or discontinue any part (or the whole of) the KOPE.AI Platform. These Terms shall continue to apply to any modified version of the KOPE.AI Platform (or any part of it) unless it is expressly stated otherwise.
12.8 We provide all content available on the KOPE.AI Platform in such format types as we determine.
13 Deleting your account
13.1 You can ask us to delete your Account at any time by navigating to your Account settings and requesting that we delete your Account or by contacting us using the contact details in section 20 of these Terms.
13.2 Except for any Product Information or User Libraries that you made available via the KOPE.AI Platform to other Suppliers or Specifiers, we will delete Your Content within 30 days of receiving your request but we may retain relevant metadata (such as credit ledger history) on our systems for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations and/or for other legal purposes.
13.3 Once we have deleted Your Content, you have no right for it to be recovered. We recommend that you keep a copy of all of Your Content. If you wish to obtain a copy of Your Content prior to deletion, please request access to your data in accordance with your rights set out in our Privacy Policy.
13.4 When you delete your Account, your agreement with us will be immediately terminated.
13.5 We may suspend and/or permanently deactivate your Account if we have reason to believe that you are in breach of these Terms.
14 Intellectual property rights
14.1 You acknowledge that KOPE.AI (or its licensors and suppliers) own all intellectual property rights in and to KOPE.AI Platform, Services, KOPE.AI Libraries, and any material, documents, information, data, reports methodologies and knowhow made available to you by KOPE.AI, and all modifications, adaptations and enhancements to the foregoing (“KOPE.AI IP”).
14.2 By uploading Your Content to the KOPE.AI Platform, you hereby grant us and our designees, together with Users of the KOPE.AI Platform a worldwide, irrevocable, non-exclusive, transferable, royalty-free licence (which is unlimited in time) to:
(a) use, host and store all of Your Content to operate and provide the necessary functionality of the KOPE.AI Platform and the Services;
(b) publicly display, broadcast, transmit, and make available Your Content to Users via the KOPE.AI Platform in accordance with these Terms;
(c) copy, modify, translate and make derivative works of Your Content for use in connection with the promotion of the KOPE.AI Platform;
(d) to publicly display, broadcast, transmit, and make available Your Content (including in the form modified by us as described in point (c)above) to promote us, the KOPE.AI Platform, the Platform Libraries, in any media (including via our social media channels, in our advertising and in promotional materials); and
(e) to use Your Content for any other purposes as may be required by law.
14.3 KOPE.AI may collect and use data and other information regarding usage of the KOPE.AI Platform, Services and Your Content. You grant KOPE.AI a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence, with the right to sub-license and to use such data and any Designs generated by you using our Services and Your Content that is not your personal data, as KOPE.AI determines is necessary and/or desirable to provide the KOPE.AI Platform, perform the Services and for ongoing modification, development, delivery and improvement of the KOPE.AI Platform and Services and any other services provided by KOPE.AI and its affiliates from time to time.
14.4 Other than as expressly set out in these Terms, we do not grant you any right in respect of the KOPE.AI IP or any other materials. Any rights not expressly granted to you in these Terms, are hereby reserved.
14.5 Conditional on your compliance with these Terms, KOPE.AI grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use KOPE.AI IP solely to the extent necessary to receive the benefit of the Services (which shall not include the use of the Service by, or for the benefit of, any person other than yourself and your Business).
15 Confidentiality
15.1 As part of the Services, you may be given access to non-public information that KOPE.AI or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other non-public business information (“Confidential Information”). You will not use, disclose, exploit, copy or modify such Confidential Information except as necessary to receive the benefit of the Services. You will keep Confidential Information secret and secure and apply at least the same level of protection as you use in respect of your own confidential or proprietary information of similar nature, using at least reasonable care.
15.2 The obligations of confidentiality in this section do not extend to any information that:
(a) is in, or has become part of, the public domain other than as a result of a breach of the obligations of confidentiality under these Terms;
(b) was developed by you independently of any Confidential Information disclosed by KOPE.AI;
(c) was independently disclosed to you by a third party entitled to disclose the same; or
(d) is legally required to be disclosed under any applicable law.
16 Links to third parties and properties
16.1 The KOPE.AI Platform (and emails that we send to you in connection with the KOPE.AI Platform) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties including Suppliers or Specifiers (“Third Parties”). If you decide to visit any Third Party Property or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant Third Party and the services they offer and make your own enquiries to determine if a product or service offered by a Third Party is suitable. The KOPE.AI Platform provides information on a wide range of products and services but there may be other products or services available on the market which are not shown on the KOPE.AI Platform and which may be more appropriate or suitable for you. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we are, or our KOPE.AI Platform is, affiliated to or associated with such websites or services.
16.2 Cast Consult Limited ("Cast") is a third-party real estate and construction consultancy business. You acknowledge and agree that:
(a) the information contained on the KOPE.AI Platform, including in respect of any Supplier which has been verified or assessed by Cast, is for general information purposes only;
(b) Cast makes no representations or warranties of any kind, express of implied, about the reliability, suitability, availability or quality of Third Party Properties or any products or services offered by Third Parties, including (without limitation) any Third Parties which have been labelled on the KOPE.AI Platform as having profiles which have been “Cast Verified” (or similar), and that any reliance you place on such information is therefore strictly at your own risk;
(c) the assessment performed by Cast in relation to Third Parties who have been labelled on the KOPE.AI Platform as having profiles which have been “Cast Verified” (or similar) is only performed in relation to a limited set of parameters and does not cover the reliability, suitability, availability or quality of any products or services offered by such Third Parties, and is performed in the limited capacity of reviewing evidence made available by the relevant Third Party, and validating claims made by the Third Party on their KOPE.AI Platform profile in regard to: (i) business and contact information; (ii) accreditations, and whether the Third Party can evidence those accreditations with current certificates, and (iii) testimonials about the Third Party in relation to historic case studies.
(d) Cast shall not be liable (whether in contract, tort (including but not limited to negligence), misrepresentation, restitution or otherwise) for any of the following arising out of or in connection with your use of the KOPE.AI Platform: (i) loss of data; (ii) loss of profits; (iii) loss of or damage to goodwill; (iv) loss of sales or business; (v) loss of agreements or contracts; (vi) loss of anticipated savings; (vii) wasted expenditure; or (viii) or any indirect or consequential loss or damage whatsoever.
17 Limitations of liability
17.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
17.2 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms to the fullest extent permitted by law.
17.3 Subject to this section 17, KOPE.AI’s aggregate liability, whether in contract (including under an indemnity), in tort (including negligence), breach of statutory duty or otherwise under or in connection with your use of the KOPE.AI Platform, the Services or any matter arising under or in connection with these Terms shall be limited to the greater of: (i) Subscription Fees paid by you in the 12 months immediately preceding the month during which the liability arose; or (ii) £100.
17.4 KOPE.AI shall not be liable to you, or your Business, for:
(a) any indirect, special, punitive, incidental or consequential loss or damage;
(b) any loss or damage to equipment or property;
(c) any loss or corruption of data, loss of profits, loss of business or contracts, loss of revenue, loss of goodwill or loss of anticipated savings;
in each case of any nature arising from any cause whatsoever, even if such loss or damages was reasonably foreseeable or we were advised of the possibility of such damage.
18 General
18.1 Entire Agreement: These Terms (together with any policies and materials referenced in these Terms) constitute the entire agreement between the parties with respect to the subject matter of these Terms and (to the extent permissible by law) supersede all prior representations or oral or written agreements between the parties with respect to that subject matter.
18.2 No Assignment: You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms, without our prior written consent.
18.3 Force majeure: KOPE.AI will not be liable to you for any failure to fulfil its duties under these Terms if and to the extent that such failure results from an act or event affecting the performance by KOPE.AI of its obligations under these Terms arising from events beyond its reasonable control, including natural disaster, pandemic, fire, flood, terrorist attack or an industrial dispute.
18.4 No waiver: The failure of KOPE.AI to enforce any provision of these Terms shall not constitute or be construed as a waiver of such provision or the right to enforce such provision at a later time.
18.5 Severability: If any provision (or part of a provision) of these Terms is found to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section 18.5 shall not affect the validity and enforceability of the rest of these Terms.
18.6 Third Party Rights: These Terms are only enforceable by you and us. No term of these Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (or otherwise) by anyone else.
18.7 Independent Contractors: Nothing in these Terms will be construed to create a partnership, joint venture, agency, or employment relationship. Each party acts as an independent contractor and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
18.8 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.
19 Notice
All notices given by you to us must be given to us at KOPE AI Ltd, 86-90 Paul Street, London, EC2A 4NE, UK or via e-mail at info@kope.ai.
We will give notice to you via the KOPE.AI Platform or using the contact information you provided to us as part of your registration.
Notice will be deemed received and properly served immediately when posted to the KOPE.AI Platform, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the e-mail address provided by the addressee.
20 Raising concerns
20.1 If you have an enquiry, comment or complaint about KOPE.AI Platform or any of our Services, please submit a support request at support@kope.ai.
20.2 If we are unable to resolve your complaint and you wish to raise a dispute or bring a claim against us, you agree to first seek to resolve this informally with us and if this is not possible, we will offer to engage in an impartial out-of-court dispute resolution procedure (such as mediation) with you.
Comments
0 comments
Article is closed for comments.