Terms of Service — Using the Desktop App

These Terms of Service (“Terms”) govern your access to and use of the KwaFlux website, desktop application, account features, billing tools, support channels, cloud processing features, and related services (collectively, the “Service”).

The Service is operated by KwaFlux Limited (“KwaFlux,” “we,” “us,” or “our”). By accessing or using the Service, creating an account, downloading the software, joining a preview or beta program, purchasing a license, or subscribing to a plan, you agree to these Terms. If you do not agree, do not use the Service.

KwaFlux Limited Company / Business Registration No.: 80432817 Registered office address: UNIT 225-22, 2/F MEGA CUBE, 8 WANG KWONG RD, KLN BAY, HONG KONG Support: support@kwaflux.com Privacy: privacy@kwaflux.com Legal: legal@kwaflux.com

KwaFlux is a desktop AI media enhancement product designed for local-first video and image workflows, including upscaling, restoration, denoising, stabilization, background or subject processing, format conversion, and related enhancement features.

The current desktop version performs local processing on your device. Future cloud service features, when launched, will be sold separately from desktop plans unless expressly included at checkout. If you choose optional cloud processing, remote rendering, AI cloud features, team collaboration, cloud backup, or other upload-based features, your selected files may be uploaded and processed according to our Privacy Policy and the applicable feature description.

Some account, billing, licensing, analytics, security, update, cloud processing, and entitlement features may require internet access.

You must be at least 16 years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian.

By using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

You may need an account to access paid features, manage billing, activate licenses, join a preview or beta program, use cloud processing, or receive support.

You agree to:

• Provide accurate and complete account information.
• Keep your login credentials secure.
• Not share, sell, rent, transfer, or sublicense your account.
• Notify us promptly if you suspect unauthorized access.

You are responsible for all activity under your account.

KwaFlux may offer preview, beta, early-access, staged-release, or waitlist versions. Preview or beta versions may be incomplete, unstable, limited, or subject to change. Features, performance, platform support, pricing, entitlements, export limits, cloud processing availability, system requirements, and release timing may change before general release.

If a download build is not publicly available, payment pages and pricing pages must be read together with the relevant download or release-status page. If checkout is enabled for a preview product, the applicable checkout page will state what access you are purchasing.

Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Service for personal or internal business purposes.

You do not acquire ownership of the software, AI models, interfaces, documentation, branding, designs, cloud systems, or other KwaFlux technology.

Unless your plan or a written agreement says otherwise, you may not make the software or cloud functionality available to third parties as a hosted service, managed service, service bureau, API wrapper, resale product, integrated commercial service, or white-label service.

KwaFlux may offer monthly, quarterly, yearly, lifetime, trial, free-tier, preview, credit-based, or promotional plans.

Plan details, pricing, renewal terms, taxes, limits, platform support, local processing availability, cloud processing availability, and entitlements are displayed on the pricing page, checkout page, account dashboard, or relevant plan description. Future cloud service features, when launched, will be sold separately unless a specific cloud entitlement or credit allowance is expressly included at checkout.

By purchasing a subscription, you authorize recurring charges at the stated billing interval until you cancel. Taxes may be calculated and added at checkout based on your billing location.

Subscription, cancellation, renewal, lifetime-license, credit, cloud-processing, and refund details are governed by the applicable Subscription Terms and Refund Policy.

Free, trial, preview, or evaluation access is intended to help users test compatibility, performance, and output quality before purchasing.

We may limit preview length, export capability, watermarking, processing queue, cloud processing availability, feature availability, account access, or usage volume. We may modify, suspend, or discontinue free or preview access at any time.

You retain ownership of the videos, images, audio, project files, text, prompts, outputs, and other content you process using the Service (“User Content”).

You are solely responsible for your User Content and for ensuring that you have all rights, permissions, licenses, consents, and legal authority necessary to import, upload, process, enhance, export, publish, distribute, or otherwise use it.

You represent and warrant that your User Content and your use of the Service:

• Does not infringe copyright, trademark, trade secret, privacy, publicity, personality, moral, contractual, or other rights.
• Does not violate any law, regulation, platform rule, court order, or contractual obligation.
• Does not include content you are not legally allowed to process.
• Does not include personal data unless you have a lawful basis and required consent or notice.

Because local processing happens on your device, we do not claim rights to your local input or output media files and do not use them to train AI models. For optional cloud processing, your uploaded files are handled as described in the Privacy Policy.

AI enhancement results may vary depending on input quality, compression artifacts, motion, lighting, hardware, model behavior, configuration, cloud processing availability, and other factors.

We do not guarantee that outputs will:

• Meet your subjective expectations.
• Be accurate, unique, error-free, or suitable for any particular use.
• Restore detail that does not exist in the source.
• Be free from artifacts, hallucinations, distortion, or quality issues.
• Be legally safe to publish or commercialize.

You are responsible for reviewing outputs before using, publishing, distributing, selling, submitting, or relying on them.

You agree not to use the Service to do, assist, encourage, or enable any prohibited activity. Our Acceptable Use Policy forms part of these Terms.

Without limiting that policy, you may not use the Service to:

• Create, process, enhance, distribute, or facilitate illegal content.
• Create, process, or distribute child sexual abuse material or any sexualized content involving minors.
• Create, process, or distribute non-consensual intimate imagery.
• Harass, threaten, defame, impersonate, exploit, blackmail, or abuse any person.
• Process, enhance, remove marks from, alter, distribute, or republish content you do not own or are not authorized to use.
• Remove, obscure, alter, or bypass copyright notices, ownership marks, watermarks, platform marks, rights-management information, DRM, or technical protection measures from third-party content without authorization.
• Circumvent licensing, authentication, billing, entitlement, device, session, usage, watermark, cloud quota, credit, or technical controls.
• Use bots, scripts, automation, scraping, credential sharing, abnormal traffic, or other methods to abuse the Service.
• Use the Service, outputs, documentation, models, or evaluation results to build, train, validate, benchmark, improve, or support a competing product, AI model, machine learning system, or media enhancement service unless we expressly agree in writing.

If we reasonably believe you have violated these Terms or the Acceptable Use Policy, abused the Service, created legal risk, engaged in fraud, initiated abusive chargebacks, threatened the safety or rights of others, or used cloud processing for prohibited content, we may:

• Suspend or terminate your account.
• Disable license access, cloud tasks, storage access, credits, or entitlements.
• Refuse or revoke refunds where allowed by law.
• Remove access to previews, downloads, updates, cloud processing, or support.
• Preserve and disclose information where legally required.
• Report unlawful activity to appropriate authorities.

The Service, including software, AI models, cloud systems, interface designs, workflows, graphics, documentation, website content, logos, trademarks, and related technology, is owned by KwaFlux Limited or its licensors and is protected by intellectual property laws.

Except for the limited license expressly granted in these Terms, no rights are transferred to you.

You may not remove, obscure, or alter proprietary notices, trademarks, copyright notices, or license notices.

If you provide feedback, suggestions, ideas, bug reports, feature requests, or other comments, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

The Service may integrate with third-party services, including payment processors, authentication providers, hosting providers, cloud infrastructure providers, AI compute providers, analytics providers, email providers, and security providers.

Your use of third-party services may be subject to their own terms and privacy policies. We are not responsible for third-party services that we do not control.

We may update, modify, suspend, discontinue, limit, replace, or remove features at any time. Some updates may be required to maintain compatibility, security, licensing, cloud processing, or entitlement management.

If you do not install required updates, some features may stop working.

You are responsible for ensuring that your device meets the system requirements stated on our website or documentation.

Performance may vary based on hardware, GPU, drivers, operating system, media complexity, settings, network status, cloud queue status, and account entitlements.

Failure to meet system requirements may limit functionality and may affect refund eligibility, as stated in our Refund Policy.

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise.

We disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, compatibility, and uninterrupted operation.

We do not warrant that the Service will be error-free, secure, compatible with every device, continuously available, or suitable for your intended use.

To the maximum extent permitted by law, KwaFlux Limited will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, reputational harm, or loss of goodwill.

Our total liability for any claim arising out of or related to the Service will not exceed the amount you paid to us for the Service in the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify and hold harmless KwaFlux Limited and its directors, officers, employees, contractors, licensors, and service providers from any claims, losses, liabilities, damages, penalties, costs, and expenses, including reasonable legal fees, arising from:

• Your User Content.
• Your use or misuse of the Service.
• Your violation of these Terms or the Acceptable Use Policy.
• Your violation of any law or third-party rights.
• Your publication, distribution, commercialization, or reliance on outputs.

You may stop using the Service at any time and may cancel your subscription as described in the Subscription Terms.

We may suspend or terminate access if you violate these Terms, fail to pay, create legal or security risk, abuse the Service, or use the Service in a prohibited manner.

Upon termination, your license to use the Service ends immediately, except to the extent your plan or applicable law provides otherwise.

Sections that by their nature should survive termination will survive, including intellectual property, prohibited uses, disclaimers, limitation of liability, indemnity, governing law, and dispute provisions.

These Terms are governed by the laws of Hong Kong, unless mandatory consumer protection laws in your country of residence require otherwise.

The parties will first attempt to resolve disputes through good-faith negotiation. If a dispute cannot be resolved informally, it will be submitted to the courts of competent jurisdiction in Hong Kong, unless applicable law gives you mandatory rights to bring claims elsewhere.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and may provide additional notice.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms.

Legal: legal@kwaflux.com Support: support@kwaflux.com Privacy: privacy@kwaflux.com