Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Kova Ventures LLC, doing business as Kord (“Kord,” “we,” “us,” or “our”), governing your access to and use of the Kord website, application, software, and related services (collectively, the “Services”).

By creating an account, accessing, or using the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services.

If you are using Kord on behalf of a company, studio, production company, investment firm, agency, or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

1. The Kord Services

Kord is a film intelligence and analytics platform designed to help users research, analyze, evaluate, develop, finance, and model film and entertainment projects.

Depending on your plan and access level, the Services may include:

• Film and market intelligence

• Comparable film (“comp”) analysis

• Project and slate analysis

• Financial modeling

• Revenue and recoupment modeling

• Scenario analysis

• Release and distribution analysis

• Project tracking

• Research and data visualization

• AI-powered analysis and assistance

• Collaboration and workspace functionality

• Reports, dashboards, and other analytical tools

Features may change over time. We may add, modify, suspend, or discontinue features of the Services, provided that we will use reasonable efforts to avoid materially reducing the core functionality of a paid Service during a current subscription term.

2. Eligibility

You must be legally capable of entering into a binding agreement to use the Services.

By using Kord, you represent that:

• The information you provide is accurate and current;

• You will maintain the security of your account credentials;

• You will comply with these Terms and applicable laws;

• You have the authority to upload and use any information, documents, or other content you submit to Kord.

If you are using Kord on behalf of an organization, you represent that you have authority to enter into these Terms on its behalf.

3. Accounts

Certain features require an account.

You are responsible for:

• Providing accurate account information;

• Maintaining the confidentiality of your credentials;

• Restricting access to your account;

• All activity occurring through your account.

You must promptly notify Kord if you believe your account has been compromised or accessed without authorization.

Kord is not responsible for losses resulting from your failure to maintain appropriate account security.

4. Organizations and Workspaces

Kord may allow users to create or participate in organizational workspaces.

If you join a Kord workspace controlled by an organization, the organization may have administrative rights over that workspace, including access to projects, files, analyses, users, and other workspace content.

The organization's administrators may be able to add, remove, or manage users and access permissions.

If you use Kord as part of an organization's account, your relationship with that organization may determine how your information and workspace content are managed.

5. Your Content

You may upload, submit, enter, generate, or otherwise provide information and materials to Kord (“User Content”).

User Content may include:

• Film and project information

• Budgets

• Financial assumptions

• Revenue projections

• Financing structures

• Recoupment waterfalls

• Distribution assumptions

• Release strategies

• Pitch materials

• Notes

• Documents

• Spreadsheets

• Talent information

• Internal analyses

• Other business or project information

Ownership

You retain ownership of your User Content.

Nothing in these Terms transfers ownership of your User Content to Kord.

You grant Kord a limited, worldwide, non-exclusive license to host, store, reproduce, process, transmit, display, and otherwise use User Content solely as reasonably necessary to provide, maintain, secure, and improve the Services and perform functions requested by you.

This license ends when your User Content is deleted, except to the extent retention is necessary for legitimate business, legal, security, backup, or compliance purposes.

Your Responsibility

You represent and warrant that you have all rights, permissions, and authorizations necessary to submit User Content to Kord and permit Kord to process it as described in these Terms and the Privacy Policy.

You must not upload content that you are not authorized to possess, process, or disclose.

6. Confidential Information

Kord recognizes that users may submit commercially sensitive information, including unreleased projects, financial models, financing information, development materials, and other confidential business information.

Kord will use reasonable measures to protect User Content against unauthorized access or disclosure as described in our Privacy Policy and applicable agreements.

Unless otherwise agreed in writing, information will not be considered confidential solely because you designate it as confidential. Information that is already publicly available, independently developed, lawfully received from another source, or required to be disclosed by law may not qualify as confidential information.

For customers requiring additional confidentiality obligations, Kord may offer a separate confidentiality agreement or Data Processing Addendum.

7. AI-Powered Features

Kord may use artificial intelligence and machine-learning technologies to provide certain features.

These features may:

• Analyze User Content;

• Generate summaries or insights;

• Answer questions;

• Identify patterns;

• Assist with research;

• Generate financial or analytical outputs;

• Provide recommendations or suggestions;

• Transform or organize information.

AI-generated output may be inaccurate, incomplete, outdated, or misleading.

You are responsible for independently reviewing and validating any output before relying on it.

Kord does not guarantee that AI-generated information is accurate, complete, current, or suitable for any particular purpose.

Unless expressly stated otherwise, Kord does not use your confidential User Content to train publicly available general-purpose AI models.

Certain AI features may be provided using third-party AI infrastructure. Additional information about how data is processed is provided in Kord's Privacy Policy and, where applicable, our Data Processing Addendum.

8. Financial and Investment Information

Kord may provide financial modeling, projections, scenario analysis, revenue estimates, recoupment models, and other financial or analytical functionality.

Kord is a software and information service. It is not a financial advisor, investment advisor, broker, accountant, lawyer, distributor, sales agent, or entertainment industry representative.

Information or outputs generated through Kord do not constitute:

• Investment advice;

• Financial advice;

• Legal advice;

• Tax advice;

• Accounting advice;

• Securities advice;

• An offer to buy or sell securities;

• A guarantee of financial performance;

• A guarantee of box office, streaming, distribution, or other revenue.

You are solely responsible for evaluating financial assumptions, inputs, models, and outputs before making business or investment decisions.

9. Film and Market Data

Kord may provide information concerning films, talent, companies, releases, box office performance, distribution, audience information, financial performance, and other entertainment-industry data.

Such information may come from:

• Publicly available sources;

• Licensed data providers;

• Third-party databases;

• Industry sources;

• User-provided information;

• Other lawful sources.

Kord does not guarantee that third-party or publicly sourced information is accurate, complete, current, or error-free.

Data may change, become unavailable, or be corrected without notice.

You are responsible for independently verifying material information before relying upon it.

10. Third-Party Services and Data

The Services may integrate with or rely upon third-party services, data providers, software, APIs, authentication providers, payment processors, hosting providers, analytics providers, and AI providers.

Third-party services may be subject to their own terms and privacy policies.

Kord is not responsible for third-party services that it does not control.

The availability or functionality of the Services may depend on third-party systems.

11. Acceptable Use

You agree not to use Kord to:

• Violate any applicable law or regulation;

• Infringe intellectual property or privacy rights;

• Upload content you do not have the right to use;

• Attempt to gain unauthorized access to another account or system;

• Circumvent security or access controls;

• Reverse engineer, decompile, or disassemble the Services except where prohibited by applicable law;

• Copy, reproduce, distribute, or commercially exploit the Services except as expressly permitted;

• Scrape, crawl, harvest, or systematically extract data from Kord;

• Use automated systems to access the Services in a manner that places unreasonable load on our infrastructure;

• Interfere with the operation of the Services;

• Introduce malware, malicious code, or harmful software;

• Use Kord to develop or train a competing service using protected Kord functionality or data;

• Misrepresent your identity or affiliation;

• Use Kord to make decisions about individuals in a manner prohibited by applicable law;

• Attempt to discover or extract source code, models, algorithms, or proprietary systems underlying Kord.

We may suspend or restrict access where we reasonably believe these Terms have been violated.

12. Intellectual Property

The Services, including their software, interface, design, branding, trademarks, documentation, workflows, databases, algorithms, models, and underlying technology, are owned by Kord or its licensors and are protected by applicable intellectual property laws.

Except for the limited right to use the Services under these Terms, no rights are granted to you.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services except as expressly permitted by Kord.

Feedback

If you provide suggestions, ideas, feature requests, or other feedback regarding Kord, you grant Kord the right to use that feedback without restriction or compensation, provided that such use does not disclose your confidential User Content.

13. Subscriptions and Fees

Certain features require a paid subscription.

Subscription pricing, billing periods, usage limits, and included functionality will be presented at the time of purchase or within your Kord account.

Unless otherwise stated:

• Subscription fees are billed in advance;

• Subscriptions automatically renew for the applicable billing period;

• You authorize Kord or its payment provider to charge the applicable payment method;

• You are responsible for applicable taxes;

• Fees are generally non-refundable except where required by law or expressly stated otherwise.

Kord may change subscription pricing upon reasonable notice. Price changes will generally take effect at the beginning of the next applicable billing period unless otherwise agreed.

14. Free Trials and Promotional Offers

Kord may offer free trials, credits, discounts, or promotional pricing.

Unless otherwise stated, promotional offers:

• May be subject to eligibility requirements;

• May be limited to one per person or organization;

• May not be combined with other offers;

• May be modified or discontinued at any time.

At the end of a paid trial, your subscription may automatically convert to a paid plan if the applicable checkout terms disclose that conversion.

15. Cancellation

You may cancel your subscription through the account controls provided by Kord or by contacting us.

Unless otherwise stated, cancellation takes effect at the end of the current billing period.

After cancellation, you may lose access to paid features at the end of the applicable subscription period.

Kord may suspend or terminate accounts for violations of these Terms, non-payment, security concerns, abuse, or other legitimate reasons.

16. Suspension and Termination

We may suspend or terminate your access to the Services if:

• You materially breach these Terms;

• You fail to pay applicable fees;

• Your use creates a security or legal risk;

• You engage in fraud, abuse, or prohibited activity;

• We are legally required to do so.

Where reasonably practicable, we will provide notice and an opportunity to remedy the issue before termination for a curable breach.

Upon termination, your right to use the Services ends.

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and outstanding payment obligations.

17. Data Export and Deletion

Where technically available, Kord may provide functionality allowing you to export certain User Content.

Following account termination, Kord may retain or delete User Content in accordance with our Privacy Policy and applicable agreements.

If you require specific data retention, deletion, or export commitments, those commitments should be established in a written agreement with Kord.

18. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

KORD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

KORD DOES NOT WARRANT THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE;

• THE SERVICES WILL BE ERROR-FREE;

• DATA WILL ALWAYS BE COMPLETE OR ACCURATE;

• AI-GENERATED OUTPUT WILL BE ACCURATE OR RELIABLE;

• FINANCIAL MODELS OR PROJECTIONS WILL PREDICT ACTUAL RESULTS;

• THE SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS;

• DATA OR CONTENT WILL ALWAYS BE AVAILABLE OR UNCHANGED.

You understand that entertainment markets and financial outcomes are inherently uncertain and that historical performance does not guarantee future performance.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KORD AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KORD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID TO KORD FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

2. $100.

Some jurisdictions do not permit certain limitations of liability, so portions of this section may not apply to you.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Kord and its affiliates, officers, directors, employees, contractors, and licensors from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your User Content;

• Your use or misuse of the Services;

• Your violation of these Terms;

• Your violation of applicable law;

• Your infringement or violation of another person's rights.

Kord will provide reasonable notice of any indemnifiable claim and may participate in the defense.

21. Dispute Resolution

Informal Resolution

Before initiating formal legal proceedings, you agree to contact Kord and attempt in good faith to resolve the dispute.

You may contact us at: legal@meetkord.com

If the dispute is not resolved within 30 days, either party may pursue available legal remedies.

Governing Law

These Terms will be governed by the laws of the State of [STATE], without regard to its conflict-of-laws principles.

Any legal action arising from these Terms will be brought in the state or federal courts located in Los Angeles County, California, unless applicable law requires otherwise.

[Have counsel determine whether an arbitration provision and class-action waiver are appropriate for Kord. These provisions should not be inserted casually because enforceability varies by jurisdiction.]

22. Changes to the Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice through the Services, by email, or through another reasonable method.

The updated Terms will become effective on the date indicated at the beginning of the revised Terms.

Your continued use of Kord after the effective date constitutes acceptance of the updated Terms, to the extent permitted by law.

23. Miscellaneous

These Terms constitute the entire agreement between you and Kord concerning the Services unless a separate written agreement applies.

If any provision is found to be unenforceable, the remaining provisions will remain in effect.

You may not assign these Terms without Kord's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets.

Kord may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Failure to enforce any provision does not constitute a waiver.

24. Contact

Questions about these Terms may be sent to:

Kord
Kova Ventures, LLC
Email: legal@meetkord.com
Address: Santa Monica, CA 90404