The website located at https://kona.sh (the “Site”) and related applications, APIs, and services are copyrighted works belonging to Kona Superintelligence (“Company”, “us”, “our”, and “we”). These Terms of Service (“Terms”) set forth the legally binding terms and conditions that govern your use of the Site and our services.

By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. You must be at least 18 years old to use the Services.

1. Accounts

a. Account Creation

In order to use certain features of the Services, you may be required to register for an account (“Account”) and provide certain information about yourself. You represent and warrant that: all required registration information you submit is truthful, accurate, and up-to-date; you will maintain the accuracy of such information; and you have the legal capacity and authority to enter into these Terms.

b. Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account, or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Services

a. License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own lawful use in accordance with these Terms.

b. Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; you shall not modify, make derivative works of, disassemble, reverse compile, reverse engineer, or attempt to extract the underlying models, algorithms, or source code of any part of the Services; you shall not access the Services in order to build a similar or competitive website, product, service, or to train competing artificial intelligence or machine learning models without our express written consent.

c. Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

d. Ownership

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, trade secrets, and all underlying models, algorithms, and technology, in the Services and their content are owned by Company or Company's suppliers. Neither these Terms nor your access to the Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in these Terms.

3. User Content and AI-Generated Output

a. User Content

“User Content” means any and all information, data, text, or other materials that you submit to, input into, or use with the Services, including prompts, queries, and other inputs (“Input”), as well as any output generated by the Services based on your Input (“Output”). You are solely responsible for your User Content.

b. Content Ownership and Rights

You retain all ownership rights in Input you provide to the Services, subject to the license granted below. To the extent permitted by applicable law, Company hereby assigns to you all right, title, and interest, if any, in and to Output generated specifically for you. Due to the nature of artificial intelligence and machine learning, Output may not be unique and other users may receive similar or identical Output from the Services.

c. License to Company

You hereby grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, process, and use your User Content solely for the purposes of: providing and operating the Services; maintaining, developing, and improving the Services and our models; complying with applicable law; enforcing our terms and policies; and keeping the Services safe and secure.

d. AI Output Accuracy and Disclaimers

Artificial intelligence and machine learning are rapidly evolving fields. While we continuously work to improve our Services, you understand and agree that: Output may not always be accurate, complete, or reflect real-world facts, people, places, or events; You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice; You must evaluate Output for accuracy and appropriateness for your use case before using or sharing it.

4. Paid Services

a. Billing

If you purchase any paid Services, you will provide complete and accurate billing information, including a valid payment method. For subscriptions, we will automatically charge your payment method on each agreed-upon renewal period until you cancel. You are responsible for all applicable taxes.

b. Cancellation

You can cancel your paid subscription at any time by contacting hi@kona.sh. Payments are non-refundable except where required by law. These Terms do not override any mandatory local laws regarding cancellation rights.

c. Price Changes

We may change our prices from time to time. If we increase subscription prices, we will give you at least 30 days' notice. Price increases will take effect on your next renewal date.

5. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: your use of the Services; your violation of these Terms; your violation of applicable laws or regulations; your User Content.

6. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS OR (B) THE AMOUNTS PAID BY YOU TO COMPANY FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

7. High-Risk Use Warning

THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN HIGH-RISK ACTIVITIES INCLUDING BUT NOT LIMITED TO: MEDICAL DIAGNOSIS, TREATMENT, OR PATIENT CARE; LEGAL ADVICE OR LEGAL DECISION-MAKING; FINANCIAL ADVICE, TRADING, OR INVESTMENT DECISIONS; OPERATION OF CRITICAL INFRASTRUCTURE; OR ANY OTHER USE WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE DAMAGE.

IF YOU CHOOSE TO USE THE SERVICES FOR SUCH PURPOSES, YOU DO SO AT YOUR OWN RISK AND MUST IMPLEMENT APPROPRIATE SAFEGUARDS, INCLUDING HUMAN REVIEW AND VERIFICATION OF ALL OUTPUT.

8. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately.

9. Dispute Resolution

You agree that any dispute between you and Company relating in any way to the Services or these Terms will be resolved by binding arbitration, rather than in court, except that you and Company may assert individualized claims in small claims court if the claims qualify.

YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

10. General

a. Changes

These Terms are subject to occasional revision. If we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us, and/or by prominently posting notice of the changes on our Site. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes.

b. Governing Law

These Terms are governed by the laws of the State of Hawaii, without regard to conflict of law rules.

c. Contact Information

Kona Superintelligence
Kailua-Kona, Hawaii
Email: hi@kona.sh