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Kainam
Legal · Terms of Service

Terms of Service

Terms governing access to and use of the Kainam Platform.

  • Classification: Public Corporate Governance & Compliance

1. Acceptance of Terms / Overview

These Terms of Service (the "Terms") constitute a legally binding contract between Kainam Corporation ("Kainam") and every person and entity that accesses or uses the Kainam Platform (the "Platform"). They apply whether access is as a direct customer, reseller, partner, or end customer of a Kainam reseller, OEM partner, or white-label partner (collectively, "Users" or "you").

  • By establishing an account, deploying API keys, or using any component of the Platform, the User signifies unreserved acceptance of these Terms.
  • Users accepting on behalf of an enterprise or organization warrant they possess full legal authority to bind that entity.
  • Access is subject to these Terms in addition to any separate executed agreement ("Agreement"). In case of conflict, the Agreement controls; otherwise, these Terms apply.
  • Kainam may update the Terms by posting an updated version at https://kainam.ai/terms; the most current version applies as of its effective date.
  • Capitalized terms not defined here have the meanings given in the applicable Agreement.

2. Platform Access and User Accounts

  • Provision of Access: Non-exclusive, non-transferable, revocable right to access and use the Platform, subject to continuous compliance and payment of fees.
  • Credential Security: Users are solely responsible for protecting account credentials, passwords, API tokens, and authentication strings. Suspected unauthorized access or vulnerabilities must be reported immediately to security@kainam.ai (or legal@kainam.ai).
  • Responsibility for Personnel: Users are responsible for the acts and omissions of their personnel, contractors, and anyone granted access.
  • Age Restrictions: The Platform is an enterprise business tool, not intended for individuals under eighteen (18).

3. Fees, Billing, and Financial Commitments

  • Payment Terms: Users pay all fees specified in order forms, checkout workflows, or Agreements. Unless stated otherwise, payment obligations are non-cancelable and fees are non-refundable.
  • Overdue Balances: Unpaid balances may incur late interest of 1.5% per month or the highest legal limit. Failure to cure within ten (10) business days of written notice may result in instantaneous account suspension, during which billing continues.
  • Taxes: Fees exclude applicable state, local, or international sales, VAT, or withholding taxes, which are the User's sole responsibility.

4. Intellectual Property and AI Features

  • Kainam Ownership: Kainam retains all rights, title, and interest in the Platform, including proprietary algorithms, core models, source code, user interfaces, branding assets, documentation, and system configurations. No implied licenses are granted.
  • User Inputs: Users retain exclusive ownership of all text, documents, files, data, or media they input or upload ("Inputs").
  • AI Outputs: Subject to compliance with the Terms and full payment of fees, Kainam assigns to the User all its rights, title, and interest in the unique outputs generated by the Platform's AI features ("Outputs"). AI outputs are probabilistic and may not be unique across different platform users.

5. Acceptable Use Policy (AUP) Integration

Platform usage must conform at all times to the Acceptable Use Policy at https://kainam.ai/aup. Any breach of the AUP — including DDoS attempts, scraping, training competitive models, or processing illegal content — constitutes a direct material violation of these Terms and grounds for immediate suspension or termination.

6. Disclaimers and Warranties

The Platform and AI Outputs are provided, to the fullest extent permitted by law, on an "AS IS" and "AS AVAILABLE" basis. Kainam disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a specific intended purpose, title, and non-infringement. Kainam does not warrant that operation will be error-free, secure, or uninterrupted.

7. Limitation of Liability

  • To the maximum extent permitted by law, Kainam, its affiliates, officers, or licensees are not liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, data corruption, business interruption, or system downtime, even if forewarned of the possibility.
  • Liability Cap: Kainam's maximum aggregate liability shall not exceed the total fees paid by the User to Kainam in the twelve (12) months preceding the incident giving rise to liability.

8. Indemnification

The User agrees to defend, indemnify, and hold harmless Kainam, its subsidiaries, and executive staff against third-party claims, regulatory fines, damages, liabilities, or defense costs (including attorney fees) arising from: (a) misuse of the Platform; (b) violation of the Terms or AUP; or (c) allegations that User-provided Inputs infringe or misappropriate third-party intellectual property or data privacy rights.

9. Governing Law and Jurisdiction

  • Governed exclusively by the laws of the State of Delaware, without giving effect to conflicts of law principles.
  • Legal actions must be filed exclusively in Delaware state or federal courts; both parties consent to personal jurisdiction there.

10. Data Privacy, Protection, and Handling

  • Privacy Policy: Collection, storage, processing, and protection of personal data are governed by the Official Privacy Policy at https://kainam.ai/privacy.
  • Compliance Framework: Users ensure any data they upload, generate, or process complies with applicable law (including GDPR, HIPAA, CCPA/CPRA) with appropriate notices and consents.

11. Data Subject Rights and Deletion Protocol

  • Submission: Permanent deletion requests for account records and personal data must be submitted in writing to privacy@kainam.ai.
  • Verification and SLA: Kainam verifies requester identity, acknowledges the request within forty-eight (48) hours after verification, and completes erasure from all active production environments within thirty (30) days.
  • Accountability Logging: All deletion requests are recorded in internal compliance logs (Request Date, Email, Status, Date of Resolution) for regulatory audits.

12. Miscellaneous Clauses

  • Entirety: The Terms, signed order forms, the AUP, and any applicable DPA constitute the entire agreement.
  • Severability: Unenforceable provisions are modified to reflect initial intent as closely as possible; remaining terms stay in full effect.
  • Waiver: No failure or delay by Kainam in enforcing a right constitutes a waiver of that or any other right.

13. Contact and Reporting

  • General Legal Questions and Terms Inquiries: legal@kainam.ai
  • Data Privacy, Access Rights, and Deletion Requests: privacy@kainam.ai
  • Security Incidents and Vulnerabilities: security@kainam.ai