Privacy Policy — The Kingdom of Arts, Inc. (TKOA)

Effective Date: [Februaury 13, 2024]
Controller: The Kingdom of Arts, Inc. (“The Kingdom of Arts,” “TKOA,” “we,” “us,” “our”)
Contact: Kingdomofartsofficial@gmail.com | 609 Metairie Rd #8009, Metairie, LA 70005, USA

1. Scope & Audience

This Policy governs all websites, apps, portals, APIs, AI “Guardian” modules, memberships, events, and programs operated by TKOA (collectively, the Services), including future modalities (e.g., AR/VR, wearables, voice interfaces, XR venues, connected devices) and enterprise integrations. It applies to visitors, registered users, enterprise seats, program participants, contractors (to the extent applicable), and any person interacting with the Services.

2. Key Definitions

• Personal Data: Any information that identifies or can reasonably be linked to an individual.

• Guardian Interactions: Inputs, settings, selections, and outputs produced by AI modules (“Guardians”).

• Processors/Sub-processors: Third parties who process data on TKOA’s behalf (e.g., cloud, analytics, AI infrastructure, payments).

3. What We Collect

A. Identity & Account: name, handle, email, phone (optional), organization, role, profile image.
B. Billing: payment method token, transaction details (via PCI-compliant providers; TKOA does not store raw card numbers).
C. Guardian Interactions: prompts, choices, generated outputs, session metadata, usage intensity, timestamps.
D. Content You Provide: uploads (text, images, audio/video), curriculum work, feedback, survey responses.
E. Technical/Device: IP, device IDs, OS, browser, language, cookies, SDK events, approximate location.
F. Program/Training: enrollment status, progress, assessments, credentials earned, internship/mentorship milestones.
G. Inferred Signals: derived skills/tendencies, preference cohorts, propensity scores (for personalization).
H. Optional/Sensitive (by explicit choice): voice samples, likeness, or biometrics (if you opt into voice or camera features). We do not require these by default.

4. Sources

• Direct from you;

• Automated collection via cookies/SDKs;

• Organizational sponsors/partners (if your seat is provisioned);

• Processors (payments, analytics, AI);

• Public sources where lawful.

5. How We Use Data (Purposes)

• Service Delivery: account creation, authentication, entitlements, subscription management.

• AI Operations: process inputs and generate outputs; route to appropriate Guardian modules; quality, safety, and abuse prevention.

• Personalization: tailor content, training paths, recommendations, and workforce-readiness modules.

• Program Administration: internships, mentorships, certificates, partner reporting (as contractually required).

• Security & Integrity: fraud/abuse detection, incident response, rate limiting, audit logs.

• Analytics & R&D: performance metrics, A/B tests, new features, model routing/guardrails, fairness checks.

• Compliance & Legal: tax, accounting, subpoenas, grant reporting obligations, regulatory filings.

• Communications: service notices, updates, and (with choice) marketing.

6. Legal Bases (where applicable, e.g., EEA/UK)

• Contract (to provide Services), Legitimate Interests (security, improvement), Consent (certain cookies/marketing/optionals), Legal Obligation (compliance).

7. Sharing & Disclosures

• Processors/Sub-processors: cloud hosting, CDN, analytics, payments, authentication, AI infrastructure providers (including OpenAI).

• Organizational Sponsors: limited data for provisioning/oversight if your access comes via an employer or program sponsor.

• Legal/Protection: when required by law or to enforce rights, protect users, or investigate abuse.

• Corporate Events: merger, acquisition, financing, or asset transfer (subject to this Policy).
  We do not sell personal data for monetary consideration.

8. Cookies & Tracking

We use necessary, functional, analytics, and (with consent) marketing cookies. Manage preferences via our banner or browser settings. “Do Not Track” signals may not be recognized by all components.

9. International Transfers

Your data may be transferred to/processed in the U.S. and other countries. Where required, we implement lawful safeguards (e.g., Standard Contractual Clauses).

10. Security

We apply defense-in-depth: encryption in transit, access controls, least privilege, logging/monitoring, vulnerability management, vendor due diligence, incident response. No system is perfectly secure; you use the Services at your own risk.

11. Retention

We retain data as needed for the purposes above, legal obligations, or legitimate interests. We may preserve aggregated or de-identified data for analytics, improvement, or associated with any ongoing or future services.

12. AI Transparency & Your Choices

• Model Handling: Guardian interactions may be processed by TKOA systems and third-party AI providers to deliver results and safety checks.

• Training of Third-Party Models: By default, TKOA does not permit third-party foundation model training on customer content unless we disclose and provide an opt-in/opt-out aligned with provider controls.

• Professional Advice: AI outputs can be imprecise; they are not medical, psychological, legal, or financial advice.

• Your Controls: Contact us to request restrictions on certain processing where supported.

13. Your Rights

Subject to law, you may request: access, correction, deletion, portability, restriction/objection, and to opt out of marketing or certain sharing. We will verify your identity and respond within statutory timelines.

14. Children

Services are not directed to children under 13 (or 16 in certain regions). If we learn of such data, we will delete it.

15. Third-Party Links

We are not responsible for third-party sites/services. Review their policies.

16. Changes to this Policy

We may update this Policy. Material changes will be posted with a new Effective Date; continued use means acceptance.

17. Contact

Privacy requests: kingdomofartsofficial@gmail.com | Address above.

Master Terms & Conditions — The Kingdom of Arts, Inc. (TKOA)

Effective Date: [February 13, 2024]
Parties: The Kingdom of Arts, Inc. (“TKOA”) and the user (“You”).
By accessing any TKOA site or Service (including AI “Guardians”), you agree to these Terms.

1. Relationship to Third-Party Providers (Including OpenAI)

The Services rely on third-party platforms and AI infrastructure, including OpenAI. You agree to comply with bothTKOA’s Terms and applicable third-party terms/policies. TKOA’s Terms are in addition to—not in lieu of—third-party terms; where obligations conflict, the stricter user obligation applies to your use of the TKOA Services to the maximum extent permitted by law.

2. Eligibility; Accounts; Security

You represent that you are 18+ (or age of majority). You will keep credentials confidential and are responsible for all activity under your account. Notify us immediately of suspected compromise.

3. Nature of Services; No Professional Advice

Guardians provide creative, educational, artistic, and strategic support. They do not provide licensed medical, psychological, legal, or financial services. No fiduciary, attorney-client, therapist-client, or other professional relationship is created.

4. Assumption of Risk; No Emergency Use; Strong Hold Harmless

4.1 Assumption of Risk. You voluntarily assume all risks from using the Services and Guardian outputs, including potential psychological, emotional, spiritual, mental, financial, reputational, or interpersonal impacts.
4.2 No Emergency or Crisis Use. The Services are not intended for crisis lines, emergency care, diagnosis, or treatment. If you are in crisis, call local emergency services or a crisis hotline.
4.3 Hold Harmless & Release. To the fullest extent permitted by law, you release, indemnify, defend, and hold harmless TKOA, its Founder, officers, employees, contractors, and affiliates from any and all claims, damages, losses, costs, or liabilities arising out of or related to your use of the Services, including psychological/mental distress, misunderstanding of outputs, reliance decisions, lost profits, or consequential damages.

5. Acceptable Use; Prohibited Conduct

You will not:
(a) violate laws or third-party rights; (b) upload illegal, harmful, or exploitative content; (c) scrape, harvest, or benchmark for publication without written consent; (d) probe, scan, or breach security; (e) reverse engineer, decompile, or attempt to extract models, prompts, or system prompts; (f) use outputs/frameworks to train, fine-tune, evaluate, or seed models or systems that replicate or compete with TKOA; (g) generate disinformation, harassment, hate/violence, non-consensual or sexual content involving minors, or otherwise violate TKOA/third-party policies.

6. Intellectual Property & Ownership (TKOA IP)

All Guardians, names, characters, likenesses, frameworks, prompts/system prompts, models, datasets, designs, UI/UX, code, documentation, curricula, courseware, shows, events, trademarks, logos, and related materials are proprietary to TKOA and/or its licensors. No rights are granted except as expressly stated.

7. License to You

Subject to these Terms, TKOA grants a limited, revocable, non-exclusive, non-transferable license to access and use the Services for authorized purposes only.

8. User Content & Output Rights

You retain ownership of original content you submit. You grant TKOA a worldwide, royalty-free license to host, process, display, transmit, and use your content and Guardian interactions to operate, secure, and improve the Services. You grant TKOA a perpetual, irrevocable license to use feedback/suggestions without restriction. Outputs may be non-unique and may contain errors; you are responsible for review and lawful use.

9. Confidentiality & NDA (Five-Year Survival; Trade Secrets)

You may access TKOA Confidential Information, including non-public tech, prompts, outputs, frameworks, roadmaps, pricing, contracts, and metrics. You will not disclose or use it outside the permitted scope without TKOA’s written consent. NDA obligations survive five (5) years after termination; trade secrets survive as long as they remain trade secrets.

10. No-Clone / Non-Compete / Non-Circumvention / Non-Solicit

10.1 No-Clone/Non-Compete. During access and for five (5) years after, you will not use any Guardian, framework, prompt, output, confidential information, or derivative thereof to build, train, fine-tune, evaluate, market, or operate any AI, agent, software, service, curriculum, or program that is substantially similar to or competes with TKOA’s Guardians or Services.
10.2 Non-Circumvention. You will not induce, assist, or enable any third party to replicate or circumvent TKOA’s Services, nor solicit TKOA personnel/contractors to do so.
10.3 Non-Solicit. During access and for twelve (12) months thereafter, you will not solicit for employment/engagement any TKOA employee or key contractor with whom you interacted, except via public postings not targeted to TKOA personnel.
10.4 Enforceability. If a jurisdiction limits non-competes, this clause will be enforced to the maximum extent permittedas a No-Clone/Non-Circumvention/Non-Solicit covenant and as a condition of access.

11. Payments; Auto-Renewals; Taxes; Chargebacks

Fees are disclosed at checkout and billed in advance on a subscription basis unless otherwise stated. Subscriptions auto-renew until canceled. You authorize recurring charges. Taxes may apply. Unwarranted chargebacks constitute breach.

12. Refunds

Except where required by law or explicitly stated, fees are non-refundable. Certain plans may include a stated refund window—those terms control.

13. Service Changes; Availability; Force Majeure; Beta

We may modify, suspend, or discontinue features at any time. Availability may be affected by third-party providers. We are not liable for delays/failures due to events beyond reasonable control (force majeure), including outages, cyberattacks, disasters, war, labor disputes, changes in law. Beta/experimental features are provided “as is” and may be withdrawn.

14. Export Controls & Sanctions

You will not use or export the Services in violation of U.S. or international export and sanctions laws. You represent you are not a restricted party.

15. DMCA & IP Claims

If you believe content infringes your IP, send a DMCA notice to kingdomofartsofficial@gmail.com with: (a) your contact info; (b) description and location of the work and alleged infringement; (c) your good-faith statement; (d) statement under penalty of perjury; (e) signature. We may remove or disable access while reviewing.

16. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TKOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. AI OUTPUTS MAY BE IMPRECISE OR INCOMPLETE.

17. Limitation of Liability

To the maximum extent permitted: TKOA is not liable for indirect, incidental, consequential, special, punitive, or exemplary damages; loss of data, profits, goodwill, or business interruption. Aggregate liability is limited to the greater of (a) US$100 or (b) the amounts you paid to TKOA in the 12 months preceding the claim.

18. Indemnification

You will defend, indemnify, and hold harmless TKOA from claims, losses, costs (including attorneys’ fees) arising out of your content, use of the Services, violation of these Terms, or violation of law/third-party rights.

19. Liquidated Damages (Confidentiality/No-Clone Breach)

You agree that breaches of Sections 9–10 cause irreparable harm difficult to quantify. In addition to equitable relief, liquidated damages are agreed as the greater of US$100,000 or three (3) times any revenues or cost savings realized (directly or indirectly) from the breach, plus reasonable attorneys’ fees and costs. This is a reasonable pre-estimate of harm and not a penalty.

20. Dispute Resolution; Arbitration; Class-Action Waiver; Jury Waiver

20.1 Informal Process. Contact us first; we’ll try to resolve within 30 days.
20.2 Binding Arbitration. Any dispute arising out of these Terms or the Services shall be resolved by binding arbitration administered by JAMS (or AAA) in Orleans Parish, Louisiana, before a single arbitrator, under applicable rules.
20.3 Class-Action Waiver. Disputes are on an individual basis only; no class or representative actions.
20.4 Jury Waiver. To the extent permitted by law, both parties waive jury trial.
20.5 Injunctive Relief Preserved. Either party may seek temporary or permanent injunctive relief in court for IP/confidentiality breaches.

21. Governing Law & Venue

Louisiana law governs, without regard to conflict-of-law rules. Subject to arbitration, exclusive venue is Orleans Parish, Louisiana.

22. Changes to Terms

We may update these Terms. Material changes will be posted with a new Effective Date. Continued use after changes means acceptance.

23. Notices

We may provide notices by email, in-product messages, or posting on our site. You consent to electronic communications.

24. Assignment; Entire Agreement; Severability; No Waiver

You may not assign without TKOA’s consent; TKOA may assign. These Terms (and referenced policies) are the entire agreement. If any term is unenforceable, it will be replaced by an enforceable term closest in intent; the rest remain effective. Failure to enforce is not a waiver.

25. Survival

Sections 4–11, 13–21, 24–25 (and any terms that by nature should survive) survive termination.