Terms & Conditions
TERMS AND CONDITIONS
NEWEYES Mobile Application, Website and Subdomains
Effective Date: [INSERT DATE]
Last Updated: [18th of March 2026]
1. INTRODUCTION
1.1 Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between NEWEYES Pte. Ltd. (UEN: 202556859N) (“NEWEYES”, “we”, “us”, or “our”) and you (“User”, “you”, or “your”) governing your access to and use of the NEWEYES mobile application (the “App”, KAION), our website at www.kaion.ai, and all associated subdomains (collectively, the “Service”).
1.2 Acceptance of Terms
By clicking “I Agree”, checking the acceptance box, or otherwise accessing or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
1.3 Clickwrap Consent
Your acceptance of these Terms is provided through clickwrap consent, whereby you actively confirm your acceptance before accessing the App, website, or subdomains by selecting a checkbox or button. This constitutes your electronic signature and legally binding acceptance.
1.4 Apple End User License Agreement
The App is distributed via the Apple App Store. Apple’s standard End User License Agreement (EULA) automatically applies to the App, including prohibitions on redistributing the App and reverse engineering or modifying its code. These Terms supplement, and do not replace, Apple’s EULA.
2. PURPOSE
2.1 Purpose of Agreement
The purpose of these Terms is to:
- Establish the rules and conditions governing your use of the Service.
- Define the rights, responsibilities, and obligations of both NEWEYES and the Users.
- Clarify limitations of liability and protect both parties from potential disputes.
- Set forth acceptable use standards and consequences for misuse.
- Provide transparency regarding data handling, payments, and intellectual property.
- Create a fair framework for the provision of AI-powered services through our mobile application and digital platforms.
2.2 Nature of Service
NEWEYES provides an AI-powered mobile application and associated web services designed to provide a general discussion, self-help, and information exchange. The AI Bot does not, and cannot, replace human interaction or professional consultation. The Service utilises artificial intelligence and machine learning technologies to deliver “Free Chat” or “Other Services”, such as games. These services are governed by the same Terms and are subject to the limitations and disclaimers set forth herein.
3. ACCEPTABLE USE
3.1 Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in a manner consistent with all applicable laws and regulations in Singapore and your jurisdiction.
3.2 Prohibited Activities
You expressly agree not to:
Illegal Activities:
- Use the Service to engage in, facilitate, or promote any illegal activity, including but not limited to theft, fraud, money laundering, or any criminal offence.
- Violate any applicable local, national, or international law or regulation.
- Infringe upon or violate the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.
- Use the Service to transmit or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Technical Misuse:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any part of the Service.
- Modify, adapt, translate, or create derivative works based on the Service.
- Use any automated system, including but not limited to robots, spiders, or scrapers, to access the Service.
- Introduce viruses, malware, or any other malicious code into the Service.
- Attempt to gain unauthorised access to the Service, user accounts, or computer systems or networks connected to the Service.
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
- Bypass or circumvent any security features or access controls of the Service.
Business-Related Restrictions:
- Share your account credentials with any third party or allow multiple persons to use a single account.
- Create multiple accounts for the purpose of exploiting the Service or circumventing payment obligations.
- Use the Service for any commercial purpose without NEWEYES’s express written consent.
- Resell, redistribute, or sublicense access to the Service.
- Remove, obscure, or alter any proprietary notices, labels, or marks on the Service.
- Use the Service in any manner that could damage, disable, overburden, or impair NEWEYES’s servers or networks.
- Collect or harvest any personally identifiable information of other Users from the Service.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
3.3 Content Standards
Any content you submit, upload, or transmit through the Service must not:
- Contain false, misleading, or deceptive information.
- Violate any third party’s intellectual property or proprietary rights.
- Contain personal information of third parties without their consent.
- Be intended to harm, exploit, or endanger any person or community, specifically minors, in any way.
3.4 Enforcement
NEWEYES reserves the right to investigate and take appropriate action against anyone who violates these Acceptable Use provisions, including but not limited to:
- Suspending or terminating your account without notice.
- Removing prohibited content.
- Reporting violations to law enforcement authorities.
- Taking legal action to recover damages and costs.
Violation of these provisions may also constitute a violation of Singapore law, including but not limited to the Computer Misuse Act 1993 and the Copyright Act 2021.
4. TERM AND TERMINATION
4.1 Term
These Terms commence on the date you first accept them and continue for as long as you access or use the Service, unless terminated earlier in accordance with these Terms.
4.2 Termination by User
You may terminate these Terms at any time by:
- Discontinuing all use of the Service.
- Deleting your account through the App settings.
- Uninstalling the App from your device.
- Ceasing to access our website and subdomains.
If you disagree with these Terms or any portion thereof, your sole remedy is to stop using the Service immediately.
4.3 Termination by NEWEYES
NEWEYES reserves the right to suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to:
- Breach of these Terms or any applicable law.
- Engagement in prohibited activities as outlined in Section 3.
- Fraudulent or unauthorised use of payment methods.
- Extended periods of inactivity.
- Requests by law enforcement or government agencies.
- Technical or security reasons.
- Discontinuation or material modification of the Service.
4.4 Effect of Termination
Upon termination:
- Your right to access and use the Service immediately ceases.
- All licenses and rights granted to you under these Terms will terminate.
- You remain liable for all obligations incurred prior to termination, including payment obligations.
- NEWEYES may delete your account and all associated data without liability.
- Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 6, 7, 10, 11, and 12.
4.5 No Refund Upon Termination
If your account is terminated by NEWEYES for breach of these Terms, you will not be entitled to any refund of unused subscription fees.
5. CONFIDENTIALITY
5.1 Definition of Confidential Information
“Confidential Information” means any non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), including but not limited to:
- Technical data, algorithms, methodologies, and AI models.
- Business strategies, financial information, and operational data.
- User data and personal information collected through the Service.
- Proprietary features, functionalities, and future product developments.
- Any information marked as “confidential” or that reasonably should be understood to be confidential.
5.2 Obligations
The Receiving Party agrees to:
- Maintain the confidentiality of all Confidential Information.
- Use Confidential Information solely for the purpose of exercising rights and performing obligations under these Terms.
- Not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party.
- Protect Confidential Information using the same degree of care used to protect its own confidential information, but in no event less than reasonable care.
5.3 Exceptions
Confidential Information does not include information that:
- Is or becomes publicly available through no breach of these Terms by the Receiving Party.
- Was rightfully in the Receiving Party’s possession prior to disclosure.
- Is independently developed by the Receiving Party without use of the Confidential Information.
- Is rightfully received by the Receiving Party from a third party without breach of any confidentiality obligation.
5.4 Compelled Disclosure
If the Receiving Party is compelled by law to disclose Confidential Information, it shall:
- Provide the Disclosing Party with prompt written notice of such requirement.
- Cooperate with the Disclosing Party in seeking a protective order or other appropriate remedy.
- Disclose only the minimum Confidential Information required by law.
5.5 Data Protection
NEWEYES handles your personal data in accordance with our Privacy Policy and the Personal Data Protection Act 2012 (PDPA) of Singapore. By using the Service, you acknowledge that you have read and understood our Privacy Policy, available at https://kaion.ai/privacy-policy.
6. INTELLECTUAL PROPERTY
6.1 NEWEYES’s Intellectual Property
All intellectual property rights in and to the Service, including but not limited to:
- The App’s source code, object code, and underlying technology.
- All software, algorithms, AI models, and machine learning systems.
- The website, subdomains, and all content thereon.
- Trademarks, service marks, logos, trade names, and branding.
- User interface designs, graphics, and visual elements.
- Text, documentation, and instructional materials.
- All improvements, modifications, and derivative works.
are and shall remain the exclusive property of NEWEYES and its licensors. These Terms do not grant you any ownership rights in the Service or its intellectual property.
6.2 Limited License to Users
Subject to your compliance with these Terms, NEWEYES grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Download and install the App on devices you own or control.
- Access and use the Service for your personal, non-commercial use.
- Access and view content available through the Service.
This license does not permit you to:
- Copy, modify, or create derivative works of the Service.
- Distribute, transfer, sublicense, lease, lend, or rent the Service.
- Reverse engineer or attempt to extract the source code.
- Use the Service for any commercial purpose without written consent.
6.3 User Content
“User Content” means any data, information, text, files, or other content that you submit, upload, or transmit through the Service.
You retain all ownership rights in your User Content. By submitting User Content, you grant NEWEYES a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content solely for the purposes of:
- Operating, providing, and improving the Service.
- Developing and training AI models and algorithms.
- Complying with legal obligations.
6.4 User Content Representations
You represent and warrant that:
- You own or have the necessary rights to submit all User Content.
- Your User Content does not infringe any third party’s intellectual property rights.
- Your User Content complies with these Terms and all applicable laws.
6.5 Feedback
If you provide NEWEYES with any suggestions, comments, improvements, or feedback regarding the Service (“Feedback”), you grant NEWEYES an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.
6.6 Copyright Infringement
NEWEYES respects the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please contact us at talktokaion@kaion.ai with:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material and its location on the Service.
- Your contact information.
- A statement that you have a good faith belief that the use is not authorised.
- A statement under penalty of perjury that the information is accurate.
- Your physical or electronic signature.
6.7 Trademark Notice
NEWEYES, the NEWEYES logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NEWEYES or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans mentioned in the Service are the trademarks of their respective owners.
7. DISPUTE RESOLUTION
7.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles.
7.2 Jurisdiction
Subject to Section 7.3 below, the parties irrevocably submit to the exclusive jurisdiction of the Singapore courts for the resolution of any dispute arising out of or relating to these Terms.
7.3 Negotiation
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof (a “Dispute”), the parties agree to first attempt to resolve the Dispute through good faith negotiations. Either party may initiate negotiations by providing written notice to the other party describing the Dispute in reasonable detail.
7.4 Mediation
If the Dispute cannot be resolved through negotiation within thirty (30) days of the initial notice, the parties agree to attempt to resolve the Dispute through mediation administered by the Singapore Mediation Centre in accordance with its mediation rules then in effect. The mediation shall take place in Singapore, and the language of the mediation shall be English.
7.5 Arbitration
If the Dispute is not resolved through mediation within sixty (60) days of the commencement of mediation, either party may refer the Dispute to arbitration. Any arbitration shall be:
- Conducted in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) then in effect.
- Conducted by a single arbitrator appointed in accordance with the SIAC Rules.
- Held in Singapore in the English language.
- Final and binding on the parties.
7.6 Exceptions to Arbitration
Notwithstanding Section 7.5, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
7.7 Class Action Waiver
To the fullest extent permitted by applicable law, you agree that any Dispute will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
7.8 Costs
Each party shall bear its own costs in connection with any negotiation or mediation. In any arbitration, the arbitrator shall have the discretion to award costs and expenses (including reasonable legal fees) to the prevailing party.
7.9 Limitation Period
Any Dispute must be commenced within one (1) year after the cause of action arises. Any action commenced after such period shall be barred.
8. PAYMENTS
8.1 Free Trial
NEWEYES offers new Users a seven (7) day free trial period (“Trial Period”) upon initial registration. During the Trial Period, you will have full access to the Service without charge. At the completion of the Trial Period, your chosen payment method will be automatically charged for the selected subscription plan unless you cancel before the Trial Period ends.
8.2 Subscription Plans
Following the Trial Period, continued access to the Service requires a paid subscription. NEWEYES offers the following subscription plans:
- Monthly Subscription: Billed monthly at SGD26.93.
All prices are in Singapore Dollars (SGD) and are inclusive of applicable Goods and Services Tax (GST) where required.
8.3 Payment Processing
Payments are processed through our third-party payment service provider, Stripe, Inc. (“Stripe”). By providing payment information, you authorise NEWEYES and Stripe to charge your designated payment method. You represent and warrant that:
- You have the legal right to use the payment method provided.
- The payment information you provide is true, accurate, and complete.
- You will maintain and promptly update your payment information to ensure successful processing.
NEWEYES does not store your complete credit card details. All payment information is handled securely by Stripe in accordance with Payment Card Industry Data Security Standards (PCI-DSS).
8.4 Accepted Payment Methods
Our payment Service Provider is Stripe. We accept payment through the following methods:
- Credit cards (Visa, Mastercard, American Express).
- Debit cards.
- Digital wallets (as supported by Stripe).
- Other payment methods as may be made available through Stripe.
8.5 Billing Cycle and Automatic Renewal
Billing Frequency:
- Monthly subscriptions are billed on a monthly recurring basis.
- Annual subscriptions are billed on an annual recurring basis.
- Payment is due at the start of each billing period.
Automatic Renewal:
- All subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
- You may disable automatic renewal at any time through your account settings in the App.
- If you disable automatic renewal, your subscription will remain active until the end of the current billing period, after which access will be discontinued.
Billing Date:
- Your billing date is determined by the date you first subscribed after the Trial Period.
- Charges will occur on the same calendar day each month (for monthly subscriptions) or the same date each year (for annual subscriptions).
8.6 Price Changes
NEWEYES reserves the right to modify subscription prices at any time. Price changes will:
- Be communicated to you at least ten (10) days in advance via email and in-app notification.
- Take effect at your next renewal date.
- Not apply to your current billing period.
If you do not agree to a price change, you may cancel your subscription before the new price takes effect.
8.7 Processing Fees
NEWEYES does not charge any additional processing fees, transaction fees, or service charges beyond the stated subscription price. However, your financial institution may impose fees for international transactions or currency conversions, for which NEWEYES is not responsible.
8.8 Failed Payments
If a payment fails for any reason:
- We will attempt to process the payment again within three (3) business days.
- You will receive notification of the failed payment via email.
- If payment cannot be processed after multiple attempts, your subscription may be suspended or terminated.
- You remain responsible for any unpaid amounts.
- NEWEYES may charge a fee for failed payment processing as permitted by law.
8.9 Taxes
You are responsible for paying all applicable taxes related to your use of the Service. If NEWEYES is required to collect or pay any taxes in connection with your subscription, such taxes will be charged to you. All prices displayed exclude applicable taxes unless otherwise stated.
8.10 Refund Policy
General Refund Terms:
- Refund requests must be submitted within fourteen (14) days of the charge.
- Refunds will only be issued for the most recent billing period.
- Refunds are processed to the original payment method within seven (7) to fourteen (14) business days.
- Trial Period subscriptions are not eligible for refunds if you used the Service during the Trial Period.
Eligible Refund Circumstances:
- Technical errors that prevented access to the Service for an extended period.
- Unauthorised charges not made by you.
- Duplicate charges for the same subscription period.
- Charges made after you cancelled your subscription before the renewal date.
Non-Refundable Circumstances including but not limited to:
- Change of mind after the fourteen (14) day refund period.
- Failure to use the Service during a paid subscription period.
- Dissatisfaction with Service features or performance (you are encouraged to evaluate during the Trial Period).
- Account termination by NEWEYES due to breach of these Terms.
Refund Request Process: To request a refund, you must:
- Contact KAION customer support at talktokaion@kaion.ai
- Provide your account information and transaction details.
- Explain the reason for your refund request.
- Include any supporting documentation if applicable.
NEWEYES will review your request and respond within five (5) business days. The decision to grant a refund is at NEWEYES’s sole discretion, except where required by law.
Statutory Rights: Nothing in this refund policy affects your statutory rights under Singapore consumer protection laws, including the Consumer Protection (Fair Trading) Act 2003 and the Sale of Goods Act 1979. You may be entitled to additional rights and remedies under applicable consumer protection legislation.
8.11 Cancellation
You may cancel your subscription at any time through:
- The account settings section of the App.
- Contacting customer support at talktokaion@kaion.ai
Upon cancellation:
- You will retain access to the Service until the end of your current billing period.
- No further charges will be made after the current period expires.
- No pro-rated refunds will be issued for the unused portion of your subscription (except as provided in Section 8.10).
9. ACCOUNTS, ELIGIBILITY, AND AGE REQUIREMENTS
9.1 Account Creation
To access certain features of the Service, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your account information.
- Maintain the security and confidentiality of your account credentials.
- Notify NEWEYES immediately of any unauthorised use of your account.
- Accept responsibility for all activities that occur under your account.
9.2 Geographic Restrictions
The Service is intended for use by residents of Singapore. By using the Service, you represent and warrant that:
- You are accessing the Service from within Singapore.
- Your use of the Service complies with all applicable laws in Singapore.
- You will not use any technology to circumvent geographic restrictions.
If you access the Service from outside Singapore, you do so at your own risk and are responsible for compliance with local laws.
9.3 Age Requirements
You must be at least eighteen (18) years of age to create an account and use the Service. By using the Service, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity to enter into these Terms.
- You are not prohibited from using the Service under Singapore law.
NEWEYES does not knowingly collect personal information from individuals under 18 years of age. If we become aware that a User is under 18, we will immediately terminate the account and delete all associated personal information.
9.4 Account Security
You are solely responsible for maintaining the security of your account. You must:
- Choose a strong, unique password for your account.
- Not share your password with any third party.
- Not allow any other person to access your account.
- Enable any available security features, including two-factor authentication if offered.
- Log out of your account when using shared or public devices.
NEWEYES will never ask you for your password via email, phone, or any other communication method. Any such request should be reported immediately to talktokaion@kaion.ai
9.5 Account Suspension
NEWEYES reserves the right to suspend or limit access to your account if:
- We suspect unauthorised access or security breaches.
- We detect unusual activity that may indicate fraud.
- We receive reports of Terms violations.
- Required by law or legal process.
- Necessary to protect the security and integrity of the Service.
9.6 No Account Sharing
Each account is licensed for use by a single individual only. You may not:
- Share your account credentials with others.
- Allow multiple users to access the Service through a single account
- Create accounts on behalf of other individuals. without authorisation
- Transfer or assign your account to another person.
Violation of this provision may result in immediate termination of your account without refund.
9.7 Corporate or Organisational Use
If you are using the Service on behalf of a company, organisation, or other legal entity, you represent and warrant that:
- You have the authority to bind that entity to these Terms.
- The entity agrees to be bound by these Terms.
- The entity will ensure compliance by all users associated with its account.
9.8 Account Deletion
You may request deletion of your account at any time by:
- Using the account deletion feature in the App settings.
- Contacting customer support at talktokaion@kaion.ai
Upon account deletion:
- Your access to the Service will be immediately terminated.
- Your personal data will be deleted in accordance with our Privacy Policy and the PDPA.
- Some information may be retained as required by law or for legitimate business purposes.
- Deleted accounts cannot be recovered.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 Service “As Is”
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEWEYES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Warranties regarding the accuracy, reliability, completeness, or timeliness of content or results.
- Warranties that the Service will be uninterrupted, secure, or error-free.
- Warranties that defects will be corrected
- Warranties regarding the results or outcomes from using the Service.
10.2 AI and Machine Learning Limitations
You acknowledge and agree that:
- The Service utilises artificial intelligence and machine learning technologies that may produce inaccurate, incomplete, or inappropriate results.
- AI-generated content should not be relied upon without independent verification.
- NEWEYES makes no warranty regarding the accuracy, quality, or suitability of AI-generated outputs.
- You are solely responsible for evaluating and verifying all content generated by the Service.
10.3 No Professional Advice
THE SERVICE PROVIDES GENERAL INFORMATION ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. Including, but not limited to:
- No Medical Advice: If the Service provides health, wellness, or medical-related information, such information is for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information obtained through the Service.
- No Legal Advice: Nothing in the Service constitutes legal advice. You should consult a qualified lawyer for advice regarding your specific legal matters.
- No Financial Advice: The Service does not provide financial, investment, or tax advice. Consult qualified financial professionals before making financial decisions.
10.4 Third-Party Content and Services
The Service may contain links to third-party websites, services, or content not owned or controlled by NEWEYES. NEWEYES:
- Does not endorse or assume responsibility for third-party content or services.
- Has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
- Will not be liable for any damages or loss caused by your use of third-party content or services.
Your interactions with third parties found through the Service are solely between you and such third parties.
10.5 Technical Issues
NEWEYES does not warrant that:
- The Service will be available at all times or will operate without interruption.
- The Service will be free from bugs, errors, viruses, or other harmful components.
- The Service will be compatible with all devices or operating systems.
- Data transmission through the Service will be secure or error-free.
- Any errors in the Service will be corrected.
You acknowledge that your use of the Service may be subject to:
- Scheduled and unscheduled maintenance.
- Technical difficulties and outages.
- Internet connectivity issues.
- Device compatibility limitations.
10.6 User Actions and Content
NEWEYES is not responsible or liable for:
- Actions taken by Users of the Service.
- User Content submitted, uploaded, or transmitted through the Service.
- Interactions between Users.
- Decisions or actions taken in reliance on information provided through the Service.
- Any loss, damage, or injury resulting from your use of the Service.
10.7 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY SINGAPORE LAW, IN NO EVENT SHALL NEWEYES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:
Indirect, Incidental, or Consequential Damages:
- Loss of profits, revenue, or business opportunities.
- Loss of data or information.
- Loss of goodwill or reputation.
- Business interruption.
- Cost of substitute goods or services.
Direct Damages: Even for direct damages, NEWEYES’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of:
- The total amount you paid to NEWEYES in the twelve (12) months preceding the event giving rise to liability, or
10.8 Exceptions to Limitations
The limitations in this Section 10 do not apply to:
- Liability that cannot be excluded or limited under Singapore law.
- Liability for death or personal injury caused by NEWEYES’s negligence.
- Liability for fraud or fraudulent misrepresentation.
- Any other liability that cannot be excluded or limited by applicable law.
10.9 Consumer Protection Rights
Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, or right that you may have under:
- The Consumer Protection (Fair Trading) Act 2003.
- The Sale of Goods Act 1979.
- Any other Singapore consumer protection legislation.
Where applicable consumer protection legislation applies and cannot be excluded, our liability is limited to the extent permitted by such legislation.
10.10 Basis of the Bargain
You acknowledge that NEWEYES has set its prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, and that the same form an essential basis of the bargain between you and NEWEYES. You agree that the disclaimers and limitations of liability are reasonable.
10.11 Indemnification
You agree to indemnify, defend, and hold harmless NEWEYES, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:
- Your use or misuse of the Service.
- Your violation of these Terms.
- Your violation of any rights of another party.
- Your User Content.
- Your breach of any representations or warranties made herein.
This indemnification obligation will survive the termination of these Terms and your use of the Service.
10.12 Force Majeure
NEWEYES shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, or severe weather.
- War, terrorism, riots, or civil unrest.
- Government actions or regulations.
- Internet or telecommunications failures.
- Pandemics or public health emergencies.
- Cyberattacks or security breaches by third parties.
11. MISCELLANEOUS PROVISIONS
11.1 Changes to Terms
Right to Modify: NEWEYES reserves the right to modify, amend, or update these Terms at any time at its sole discretion. Changes may be necessary due to:
- Legal or regulatory requirements.
- New features or functionality added to the Service.
- Security enhancements.
- Changes in business practices.
- Clarification or correction of existing provisions.
Notice of Changes: When we make material changes to these Terms, we will notify you by:
- Sending an email to the address associated with your account at least ten (10) days before the changes take effect.
- Displaying an in-app notification when you next access the Service.
- Posting the updated Terms on our website with the “Last Updated” date revised.
Acceptance of Changes: By continuing to use the Service after the effective date of any modifications, you agree to be bound by the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription in accordance with Section 8.11.
Version History: Previous versions of these Terms are available upon request by contacting ask@kaion.ai
11.2 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by NEWEYES on the Service, constitute the entire agreement between you and NEWEYES regarding your use of the Service. These Terms supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and NEWEYES regarding the Service.
11.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
- Such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.
- The remaining provisions shall continue in full force and effect.
- The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
11.4 Waiver
No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or any other term. NEWEYES’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of NEWEYES.
11.5 Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without NEWEYES’s prior written consent. Any attempted assignment without such consent shall be null and void.
NEWEYES may freely assign, transfer, or delegate these Terms and its rights and obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
11.6 No Third-Party Beneficiaries
These Terms are for the sole benefit of you and NEWEYES and are not intended to confer any rights or remedies upon any third party. No third party shall have the right to enforce any provision of these Terms.
11.7 Relationship of Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and NEWEYES. You have no authority to bind NEWEYES or make any commitments on NEWEYES’s behalf.
11.8 Notices
To NEWEYES: All notices to NEWEYES under these Terms must be in writing and sent to:
NEWEYES Pte. Ltd.
165B Telok Ayer Street, 068617
Email: talktokaion@kaion.ai
Attention: Legal Department
To You: NEWEYES may provide notices to you by:
- Email to the address associated with your account.
- In-app notifications.
- Posting on the Service.
- Physical mail to the address you provided (if applicable).
You consent to receive electronic communications from NEWEYES, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. Electronic communications shall be deemed received when sent, except for email which shall be deemed received twenty-four (24) hours after sending.
Updating Contact Information: You are responsible for maintaining accurate contact information in your account. NEWEYES is not responsible for any failure to deliver notices if you have not provided or updated your contact information.
11.9 Language
These Terms are drafted in the English language. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or conflict.
11.10 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not be used to interpret or construe any provision of these Terms.
11.11 Survival
The following sections shall survive the termination or expiration of these Terms: Sections 3.4 (Enforcement), 4.4 (Effect of Termination), 5 (Confidentiality), 6 (Intellectual Property), 7 (Dispute Resolution), 8.10 (Refund Policy – to the extent of outstanding obligations), 10 (Disclaimers and Limitation of Liability), 11 (Miscellaneous Provisions), and any other provision that by its nature should survive.
11.12 Independent Legal Advice
You acknowledge that:
- NEWEYES has advised you to seek independent legal advice before accepting these Terms.
- You have had sufficient opportunity to review these Terms and seek legal advice.
- You have either obtained legal advice or voluntarily chosen not to do so.
- You understand and accept all provisions of these Terms.
11.13 Electronic Contracting
Your use of the Service includes the ability to enter into agreements and make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. In accordance with the Electronic Transactions Act 2010 of Singapore, your electronic acceptance has the same legal effect as a handwritten signature.
11.14 Export Control
You agree to comply with all applicable export and import control laws and regulations in your use of the Service. You represent and warrant that you are not:
- Located in a country subject to a Singapore government embargo.
- Listed on any Singapore government list of prohibited or restricted parties.
- Prohibited from using the Service under Singapore or other applicable laws.
11.15 Government Use
If you are a government entity or using the Service on behalf of a government entity, you acknowledge that the Service is “commercial computer software” and “commercial computer software documentation” as defined in applicable government regulations, and is provided with only those rights as are granted to all other users under these Terms.
11.16 Apple-Specific Terms
If you access the Service via an application downloaded from the Apple App Store, you acknowledge and agree to the following additional terms:
- These Terms are between you and NEWEYES only, not with Apple Inc. (“Apple”).
- Apple has no obligation to provide maintenance or support services for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App; Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of the App.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to your use of the App, and Apple has the right to enforce these Terms against you.
12. CONTACT INFORMATION
If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us at:
NEWEYES Pte. Ltd.
165B Telok Ayer Street, 068617
Email: talktokaion@kaion.ai
For privacy-related inquiries, please contact our Data Protection Officer at:
Email: privacy@kaion.ai
For technical support, please contact:
Email: talktokaion@kaion.ai
13. ACKNOWLEDGMENT AND ACCEPTANCE
BY CLICKING “I AGREE”, CHECKING THE ACCEPTANCE BOX, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms in their entirety.
- You agree to be bound by these Terms.
- You meet all eligibility requirements stated in Section 9.
- You have had the opportunity to seek independent legal advice.
- You consent to electronic communications from KAION.
- You understand that these Terms constitute a legally binding agreement.
If you do not agree to these Terms, you must not use the Service.
Last Updated: [18th of March 2026]
Version: 2026.1
© 2026 NEWEYES Pte. Ltd. All rights reserved.