These Terms of Service ("Terms", "Agreement") are an agreement between Mobile Application Developer ("Mobile Application Developer", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Kerm mobile application and any of its products or services (collectively, "Mobile Application" or "Services"). These Terms are effective as of July 3rd, 2026.
These user terms and conditions ("Terms") form a binding agreement between you and Kerm that applies to your use of and access to the Kerm application. Please read these Terms carefully, as you agree to be bound by each of its terms by accessing or using the application. By registering and setting up an account on Kerm, you agree to be bound by these Terms of Service and the Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service. We may make changes to this Agreement and to the Terms of Service from time to time. When we modify it, we will let our users know either through an in-app notification or by revising the date at the top of these Terms of Service.
1. WHO CAN USE THE SERVICES
Please ensure that by using the Services, you represent, warrant, and agree that:
- You can form a binding contract with Kerm.
- You are not a person who is barred from using the Services under the laws of your country of residence.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. RIGHTS WE GRANT YOU
Kerm grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that complies with these Terms and our usage policies. You must not use the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so. You must not reverse engineer, deconstruct, disassemble, decompile, copy, modify, distribute, sell, or attempt to extract the source code of this application. No part of the Kerm application may be copied, photocopied, reproduced, translated, distributed, transmitted, displayed, published, broadcast, or reduced to any electronic medium or machine-readable form, in whole or in part, without our prior written consent and permission.
3. RIGHTS YOU GRANT US
You retain ownership of the photos and other content you submit to Kerm. By submitting content, you grant Kerm a limited, worldwide, royalty-free license to host, store, process, analyze, modify, reproduce, display, and transmit that content only as needed to operate and provide the features you choose, including photo analysis, generated results, saved Kerms, and public sharing links.
This license allows Kerm to make your content available to service providers that help us operate the Services, solely as needed to provide those Services. The license continues only for as long as necessary to provide the requested feature or retain content you choose to save or share, subject to the retention terms described in our Privacy Policy.
You remain responsible for the content you submit and for ensuring that you have the necessary rights and permissions to use it. Kerm may remove content or suspend an account if we reasonably believe the content or use of the Services violates these Terms or applicable law.
If you provide feedback or suggestions, Kerm may use them without compensation or obligation to you.
4. PROHIBITED USES
In addition to the other terms set forth in these Terms of Service, you are prohibited from using Kerm or its Content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services.
- To gain unauthorized access to any portion of Kerm's Services, server, database, or API keys; cause disruption to the Services; hack; use password "mining"; or use any other illegitimate means.
- To collect or track the personal information of others.
- To spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of the Services related to Kerm. We reserve the right to terminate your use of the Services for violating any of the prohibited uses and to take legal action against you.
5. SERVICE AND TERMINATION
Kerm is always trying to improve, which means we might make changes to the product by using other services, adding new features, removing features, and, of course, making enhancements from time to time. If these changes and actions do not affect your rights and obligations, we may not modify the Privacy Policy or Terms of Service. Moreover, you can always terminate and delete your account. Also, you can always ask us to validate your account deletion and make sure all your information has been deleted properly. You can delete your account in Kerm's Settings, or you may ask us to delete it manually for you. For more information, please read the Privacy Policy.
7. PRIVACY
You can learn how we handle your information when you use our Services by reading our Privacy Policy. We would encourage you to read the Privacy Policy carefully. By using our Services, you agree that Kerm can collect and use your information consistent with our policy.
8. RESPECTING KERM'S RIGHTS
You must respect Kerm's rights. These Terms do not grant you the right to:
- Use branding, logos, designs, photographs, videos, trademarks, domains, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services or any other materials used in our Services.
- We own all copyrights; you may not use our copyrights or other intellectual property rights unless you have our written consent and permission.
- Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
- Use the Services or any content on the Services for any commercial purposes without our written consent and permission.
9. SAFETY
Kerm is committed to operating a safe and lawful Service. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not submit photos or other content that you do not have the right or permission to use.
- You will not submit content that is exploitative, abusive, unlawful, or that infringes another person's rights.
- You will not use any robot, spider, crawler, scraper, or other automated means to access or extract information from the Services.
- You will not use the Services in a way that could disrupt, damage, disable, overburden, or impair the Services.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent security measures or access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
If you fail to comply, we reserve the right to remove offending content, suspend or terminate your account, and notify appropriate authorities when required by law or reasonably necessary to protect the Service, its users, or others.
We may investigate suspected violations of these Terms, including intellectual property infringement, fraud, abuse, and security threats, and cooperate with lawful requests from courts, regulators, and law enforcement authorities.
You acknowledge that we may monitor access to and use of the Services as reasonably necessary to operate and secure Kerm, enforce these Terms, or comply with applicable law.
10. YOUR KERM ACCOUNT
As of today, Kerm is only available on iOS devices and on the Apple App Store. When the application is installed, you can register and create an account, and the only way to do this is through a mobile device. We do not offer a sign-up option through other Services. You are responsible for maintaining the confidentiality of the login credentials you use to sign up for Kerm, and you are solely responsible for all activities that occur under those credentials. To read more about the information we collect, please read the Privacy Policy of Kerm.
At the time of registration and when providing your personal information, you agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs on your account. Therefore, it’s important that you keep your account secure. If you think that someone has gained access to your account, please immediately contact us. Also, you agree not to create any account if we have previously removed or banned you or your account from any of our Services unless we give our consent.
In addition to the terms regarding your account, by using the Services, you agree that:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your Kerm account without our written permission.
- You will not share your password with anyone.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
11. THIRD-PARTY SERVICES
By using our Services, you agree that Kerm might use features and functionality provided by other third parties and made available through our Services. You agree that Kerm is not responsible for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or Services. Kerm is not responsible or liable for those third parties' terms or actions taken under those terms.
12. MODIFYING THE SERVICES AND TERMINATION
Kerm may add or remove features, products, or functionality, or change the Services that Kerm uses. Moreover, we may also suspend or stop the Services altogether. We may not provide you with any notice beforehand. Kerm may also terminate these Terms with you at any time, for any reason, without any notice. We may stop providing our Services for any reason or introduce new limits and Terms that may affect your ability to use Kerm's Services. As an example, we may deactivate your account if we believe you have violated our Privacy Policy or Terms of Service.
Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and support for certain devices and platforms, at any time. We may not provide any notice. For more information, please contact:
13. INDEMNITY
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Kerm and Kerm's mobile application developer from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to:
- Your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Kerm.
- Your content, including infringement claims related to your content.
- Your breach of these Terms or any applicable law or regulation.
- Your negligence or willful misconduct.
14. DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT:
- THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY.
- THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
- THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
KERM DOES NOT GUARANTEE THAT AUTOMATED PHOTO ANALYSIS, GENERATED CAPTIONS, ROASTS, GROUP-VIBE RESULTS, OR ANIMAL-STICKER MATCHES WILL BE ACCURATE, APPROPRIATE, OR ERROR-FREE. YOU ARE RESPONSIBLE FOR REVIEWING GENERATED RESULTS AND FOR HOW YOU CHOOSE TO SAVE OR SHARE THEM.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KERM OR KERM'S MOBILE APPLICATION DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
- THE PROCESSING, STORAGE, SAVING, SHARING, OR DISPLAY OF CONTENT OR GENERATED RESULTS THROUGH THE SERVICES.
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $1 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
16. KERM AND ITS DEVELOPER
To the maximum extent permitted by applicable law, Kerm and its mobile application developer will not be responsible or liable for losses or damages arising from:
- Reliance on automated photo analysis, generated captions, roasts, group-vibe results, or animal-sticker matches.
- Decisions or actions taken based on generated results that are intended for entertainment purposes.
- Temporary interruptions, errors, delays, unavailable features, or loss of access to the Services.
- Content that you choose to save, publish, send, or share outside Kerm.
- Acts, omissions, outages, or policies of Apple, cloud providers, AI providers, or other third-party services that are outside Kerm's reasonable control.
- Loss of content or account access caused by your device, account credentials, network connection, or failure to maintain appropriate backups.
You are responsible for reviewing generated results before saving or sharing them and for ensuring that you have permission to use any submitted photo or content.
Nothing in these Terms excludes or limits any liability that cannot legally be excluded or limited, or any rights you have under applicable consumer-protection law. This section supplements the Limitation of Liability section above.
17. PREVENTION OF CHILD SEXUAL ABUSE AND EXPLOITATION (CSAE)
Kerm has zero tolerance for content involving child sexual abuse, exploitation, or endangerment. You must not submit, save, or share such content through Kerm. We may remove prohibited content, suspend or terminate accounts, preserve relevant information, and report suspected CSAE content or activity to the National Center for Missing & Exploited Children (NCMEC) and law enforcement as required by law. To report suspected content or activity, contact:
CONTACT US
If you have any comments, questions, concerns, or suggestions about the Terms of Service, please contact us: