Free Models Promotion Terms

1. General provisions

1.1. These terms (the “Terms”) govern the “Free models” promotion (the “Promotion”). The organizer of the Promotion is the Provider under the Public Offer of Kumo, a service providing access to artificial intelligence models (the “Organizer”, the “Provider”, the “Offer”). Contacts for requests are given in Section 13.

1.2. Capitalized terms not defined in these Terms (Customer, User, Website, Service, token package, balance) have the meanings given in the Offer.

1.3. The Promotion is an additional, separate activity of the Organizer, carried out alongside the services under the Offer. Participation in the Promotion is not a service paid for by the Customer and is not part of the price of a balance top-up or a token package.

1.4. These Terms supplement the Offer and form an integral part of it with respect to the Promotion. Anything not governed by these Terms is governed by the Offer. In case of a discrepancy between these Terms and the Offer, the Offer prevails, except for the provisions of these Terms that expressly concern how free access is provided within the Promotion.

1.5. Personal data within the Promotion is processed in accordance with the Service’s Privacy Policy (the “Policy”) and Section 10 of these Terms.

1.6. Using free access within the Promotion, including linking a Telegram account and making requests to the Promotion’s models without any charge, constitutes the User’s full and unconditional acceptance of these Terms in the revision in force at the time of such use.

2. Duration of the Promotion and changes to the terms

2.1. The Promotion is temporary. Its duration, extension and termination are determined solely by the Organizer.

2.2. The Organizer may at any time, at its sole discretion, unilaterally and without prior notice:

• change these Terms, including the conditions of participation and how compliance with them is checked;
• change the size, composition and method of calculating the free access limits, including setting different limits for different categories of participants;
• change the list of models participating in the Promotion, remove any model from it or temporarily restrict access to it;
• suspend or terminate the Promotion in whole or in part.

2.3. A new revision of these Terms takes effect when it is posted on the Website, unless the revision itself states otherwise. The current limits and the list of the Promotion’s models are shown in the dashboard and on the Website.

2.4. A change to or termination of the Promotion does not oblige the Organizer to pay any compensation, to provide any other free access or to keep the limits that applied before.

3. Participants and conditions of participation

3.1. A participant may be a Customer – a natural person with full legal capacity and a registered Service account who has accepted the Offer and meets the conditions of participation in force at the time of the request to the Promotion’s models.

3.2. Free access is provided in steps: the “Intro” step gives a one-time bonus, the other steps a daily limit. A participant’s step is determined automatically; the highest step whose conditions the participant meets applies; while the participant’s “Intro” bonus is active, free requests use it first:

• “Intro” – a subscription to the official Kumo Telegram channel is confirmed and the Service account’s email address is confirmed; the step gives a one-time bonus of free access (the “Intro” bonus), granted once per Service account and once per Telegram account, valid for 30 days from the first free request and not renewed daily; once the bonus is spent or its term ends, the “Intro” step no longer applies to the account;
• “Top-up” – a subscription to the official Kumo Telegram channel is confirmed, the current available money balance is at least 3 US dollars and a top-up of at least that amount was credited to the balance within the last 30 days; with an available balance of at least 20, 50 and 100 US dollars and a top-up of at least the corresponding amount credited within the last 30 days the “Top-up” step’s limits are higher (the “Top-up” step’s levels);
• “Starter”, “Pro”, “Max”, “Ultra” – the Customer has an active token package of the corresponding kind; without a confirmed subscription to the official Kumo Telegram channel only part of the step’s limit is provided.

3.2.1. The steps’ limits differ and are shown in the dashboard. The “Intro” step’s limits are further bounded by a common daily budget of the Promotion for all participants of that step: once it is spent, that step’s participants’ requests until the end of the day (Moscow time) are made and charged as usual. The “Top-up” step’s limits (at every level) are likewise bounded by a common daily budget of the Promotion for all participants of that step: once it is spent, the “Top-up” step’s participants’ requests until 00:00 Moscow time are made and charged as usual.

3.2.2. The “Top-up” step and its level follow the current available money balance, not the sum of past top-ups, and only within 30 days after a top-up of at least the corresponding level’s amount was credited: as the balance is spent the level goes down, and with an available balance below 3 US dollars or without a top-up of at least 3 US dollars credited within the last 30 days the “Top-up” step does not apply. A top-up counts net of refunds; fully refunded, cancelled and disputed top-ups do not count. The levels’ amounts are shown in the dashboard and on the Website and may be changed under Section 2. A token package gives higher limits than a money balance equal to its price.

3.3. The subscription to the official Kumo Telegram channel is checked automatically by the Service’s Telegram bot and/or the Telegram login widget after the User links their Telegram account to the Service account. The check may be repeated, including daily. If the subscription is not confirmed, the access that depends on it is suspended until the subscription is restored.

3.4. One Telegram account may be linked to only one Service account. A Telegram account unlinked from a Service account (including when the account is deleted or anonymized) may be linked to another Service account no earlier than 30 days after it was unlinked.

3.5. On steps above “Intro”, a free request is made only if the account holds the minimum remaining money balance or package tokens shown in the dashboard. With a smaller remainder, requests to the Promotion’s models are made and charged as usual.

3.6. If a top-up of the money balance is refunded, cancelled or disputed, the “Top-up” step and its level follow the remaining available balance and the remaining top-ups, and the participant moves to the step whose conditions they meet. When a top-up is refunded under clause 10.3 of the Offer, and also when the payment that made it is cancelled or disputed (including a chargeback at the request of a bank or a payment system), for each calendar day (Moscow time) since that top-up was credited on which the “Top-up” step (at any of its levels) applied to the account, the cost of all free requests recorded by the Service for that day – text requests from the first cent, including within the level from 3 US dollars, and image requests – including free requests still in progress at the moment of the refund, less any amounts already withheld for that day earlier, is withheld. On a refund under clause 10.3 of the Offer the withholding is taken from the amount to be refunded: the withheld amount remains on the Customer’s money balance and is not refundable, and if the amount withheld is not less than the amount requested for refund, the refund is refused. On a cancelled or disputed payment the withholding is debited from the money balance; any shortfall becomes the Customer’s debt to the Provider, and access to the account may be suspended in the manner set out in the Offer.

3.7. Meeting the conditions of participation does not give the Customer a right to demand free access: the Organizer may refuse participation on the grounds of Section 9.

4. Free access and limits

4.1. Within the Promotion a participant may send requests to the models listed in the dashboard and on the Website without any charge to the money balance and without spending package tokens – within the established limits and through the Service interfaces shown in the dashboard (including Kumo Chat and the API).

4.2. The free access limits (the number of requests, tokens and images, a common percentage limit, their renewal period, the number of simultaneous free requests and other restrictions) are set by the Organizer, are shown in the dashboard and may differ between participants and kinds of access. The size of the limits may change without a change to the text of these Terms.

4.3. A request is free only if it fits entirely into the remaining limit. A request that does not fit into the limit, and any request beyond the limit or not meeting the conditions of Section 3, is made and charged at the Provider’s current rates – from the balance or from a token package as set out in the Offer and the API key settings.

4.4. An unused limit does not carry over to the next period, does not add up, does not accumulate and is not restored.

4.5. The “savings” shown in the dashboard are a reference figure – the cost of the same requests at the current rates – and are not a monetary obligation of the Organizer.

5. Free access has no monetary value

5.1. The Promotion does not change the price of models, token packages or any other services of the Provider. Service prices are set by the Provider’s price list in accordance with the Offer.

5.2. Free access, the limits and any unused remainder of the limits have no monetary value, are not money, bonuses or a discount, cannot be exchanged for money, tokens, packages or other services, cannot be transferred to third parties or to another account, are not combined with other promotions of the Organizer and are not compensated – including when the Promotion is changed or terminated and when participation ends.

5.3. The Promotion is not a ground for any refund. A paid token package – activated, partly or fully spent – is not refundable on account of the Promotion, including because some requests were made free of charge, or because the Promotion or participation in it was changed, suspended or terminated. The price of token packages is not refundable under clause 3.9 of the Offer.

5.4. The unused remainder of the money balance is refunded only under clause 10.3 of the Offer. Free requests neither increase nor decrease the amount refundable under the Offer, except for the withholding under clause 3.6 of these Terms.

6. No guarantees

6.1. Free access is provided “as is”. The Organizer does not guarantee the availability, continuity, processing speed, quality, accuracy or completeness of the responses of the Promotion’s models, or that any particular model is part of the Promotion.

6.2. The Organizer may limit free requests by volume, frequency and concurrency, and may process them at a lower priority than paid ones. The Provider’s service-level obligations under the Offer do not apply to free requests.

6.3. The Organizer is not responsible for the operation of Telegram, the Telegram bot or the Telegram login widget, including the inability to link a Telegram account or to check a subscription for reasons on Telegram’s side.

7. Prohibited conduct

7.1. Within the Promotion it is prohibited to:

• create or use several Service accounts by one person or a group of related persons to obtain additional free access (multi-accounting);
• use Telegram accounts that belong to someone else, are bought, rented or created specifically for the Promotion, or hand over one’s own Telegram account for other persons to participate;
• resell, rent out or otherwise provide free access to third parties, including through one’s own services, proxies, bots, API gateways and shared API keys;
• circumvent the Promotion’s limits and checks by automated or other technical means, including splitting requests, rotating accounts, keys, IP addresses or devices, using a VPN or proxies to conceal links between accounts, or spoofing account or device information;
• make top-ups in order to refund or dispute them later to obtain a higher step;
• take any other action aimed at obtaining free access in circumvention of these Terms or contrary to their purpose.

7.2. The restrictions of Section 7 of the Offer apply to free access in full.

8. Checking compliance with the Terms

8.1. To detect violations of these Terms, the Organizer may analyze technical data on the use of the Service: links between accounts, payment data (without bank card details), IP addresses, device and browser information, the nature and frequency of requests, and data on linked Telegram accounts – in accordance with the Policy.

8.2. The Organizer may ask a participant for explanations. Refusal to give explanations, or failure to give them within a reasonable time, may be a ground for the measures of Section 9.

8.3. The Organizer does not disclose its criteria and methods of detecting violations.

9. Refusal, suspension and termination of participation

9.1. The Organizer may, at its sole discretion, at any stage of the Promotion, without prior notice and without giving reasons, refuse any User participation in the Promotion, or suspend, restrict or terminate their participation, including:

• upon a violation, or a reasonable suspicion of a violation, of these Terms or the Offer;
• upon signs of fraud, abuse or other bad-faith conduct;
• if participation is connected with an account to which the measures of this Section have already been applied;
• for any other reason at the Organizer’s decision.

9.2. The measures of Section 9 may be applied at once to all accounts and Telegram accounts that the Organizer reasonably considers linked.

9.3. Refusal, suspension or termination of participation in the Promotion does not affect the Customer’s money balance or token packages: paid services remain available under the Offer. An account is blocked and the Agreement is terminated only on the grounds and in the manner of the Offer (clauses 5.2, 7.2 and 10.4 of the Offer).

9.4. The User may ask for the decision to be reconsidered by writing to the support email address given in Section 13. The request is considered within the period set by clause 9.3 of the Offer. The decision to restore participation is made by the Organizer at its discretion.

10. Personal data

10.1. To check the conditions of participation and compliance with these Terms, the Organizer processes: the Telegram user ID, the Telegram username, the fact and status of the subscription to the official Kumo Telegram channel, the dates of linking, unlinking and checking, the fact that the Service account’s email address is confirmed, and the technical data listed in clause 8.1.

10.2. The Organizer receives Telegram data only after the User has linked their Telegram account themselves – through the Telegram login widget or by pressing Start in the chat with the Service’s Telegram bot. The Organizer requests the subscription status from Telegram through the Telegram bot. Linking a Telegram account is voluntary and is not a condition of using paid services.

10.3. The legal basis for processing is the performance of a contract to which the User is a party (the Offer and these Terms), under item 5 of part 1 of Article 6 of Federal Law No. 152-FZ of July 27, 2006 “On Personal Data”, and clause 3.2 of the Policy.

10.4. Telegram data is stored while the Telegram account is linked to the Service account and is deleted after unlinking or after the account is anonymized, except for the Telegram ID and information on violations, which are stored for as long as needed to comply with clause 3.4 and Section 9, and no longer than the Promotion runs.

10.5. The rights of the data subject and how to exercise them are set out in Section 7 of the Policy.

11. Liability

11.1. The Organizer is not liable for any losses of a participant connected with participation in the Promotion, the inability to participate, a change to or termination of the Promotion or of participation in it, or the use of the responses of the Promotion’s models. Section 8 of the Offer applies to the Promotion in full.

11.2. Because free access is provided free of charge, free requests are not taken into account in determining the amount actually paid by the Customer under clause 8.3 of the Offer.

12. Governing law and disputes

12.1. Relations connected with the Promotion are governed by the law of the Russian Federation.

12.2. Disputes connected with the Promotion are resolved in the manner set out in Section 9 of the Offer, including the mandatory pre-trial claim procedure.

12.3. If any provision of these Terms is held invalid, the remaining provisions stay in force.

13. Contacts

13.1. Official website: https://kumorouter.com. Support email: support@kumorouter.com.