TERMS AND CONDITIONS
Last updated: June 15, 2025
IMPORTANT—PLEASE READ CAREFULLY: These Terms and Conditions (“Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and Kona Business, Inc. (“Company,” “we,” “us,” or “our”) governing your access to and use of the Konabusiness.ai web application, related APIs, and any associated mobile or desktop software (collectively, the “Services”). By creating an account, purchasing a subscription, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
1. DEFINITIONS
- “Application” means the Konabusiness.ai software platform, including any related websites, mobile apps, and APIs.
- “User Content” means data, text, prompts, audio, video, images, or other material that you submit to or generate with the Services.
- “AI Output” means text, images, or other content that the Services generate using machine-learning models (including third-party models accessed through the OpenAI API).
- “Subscription Plan” means the paid plan you select, inclusive of any usage-based overages and promotional pricing.
- “Third-Party Services” means products or services not owned or controlled by Company, such as OpenAI API, Stripe, Amazon Web Services (“AWS”), and Google Analytics 4.
2. ACCEPTANCE OF TERMS & ACCOUNT ELIGIBILITY
- Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and capable of forming a binding contract. We do not permit anyone under 13 to use the Services. By using the Services, you represent and warrant that you meet these requirements and that you are not located in, or a resident of, any jurisdiction subject to a comprehensive U.S. embargo.
- Account Registration. You agree to provide accurate, current, and complete information during sign-up and to keep such information updated. You are responsible for safeguarding your credentials and for all activities that occur under your account.
- Corporate Use. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms; “you” and “your” will then refer to that organization.
3. SUBSCRIPTION PLANS, BILLING, REFUNDS, LATE PAYMENT
- Billing Cycle. Subscriptions renew automatically at the start of each billing period until cancelled. Usage in excess of plan quotas is billed in arrears.
- Payment Processor. All payments are processed by Stripe, Inc. You authorize us to charge your designated payment method for all applicable fees, taxes, and overages.
- Refunds. We offer pro-rated refunds only where required by law. Introductory discounts are non-refundable.
- Late Payments. Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law) plus all collection costs.
4. LICENSE GRANT & ACCEPTABLE USE
- License. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
- Prohibited Conduct. You agree not to:
- sublicense, sell, or lease the Services;
- scrape, crawl, or harvest data without written consent;
- reverse-engineer, decompile, or attempt to extract source code or models;
- upload or generate unlawful, infringing, or harmful content;
- use the Services to train competing AI models;
- bypass security or usage-metering; or
- violate any applicable law.
5. AI-GENERATED OUTPUT DISCLAIMER
The Services may produce AI Output based on your prompts. AI Output is provided “AS IS” for informational purposes only and does not constitute legal, financial, medical, or other professional advice. We make no representations that AI Output is accurate, complete, or fit for a particular purpose. You alone are responsible for verifying the accuracy and legality of all AI Output before using or publishing it.
6. INTELLECTUAL-PROPERTY OWNERSHIP
- Company IP. We retain all rights, title, and interest in the Services, including underlying software, models, templates, and documentation. No rights are granted except as expressly set forth herein.
- User Content. You retain ownership of User Content. You grant us a worldwide, royalty-free license to host, copy, process, and display User Content for the purpose of providing and improving the Services. Where permitted by law, you grant us the right to use de-identified or aggregated data to improve algorithms and analytics.
- AI Output. Subject to your compliance with these Terms, we assign to you any copyright we may have in AI Output; however, such assignment is without warranty and may be limited by the terms of our upstream providers (e.g., OpenAI API).
7. FEEDBACK LICENSE
If you provide ideas, suggestions, or feedback, you grant us an irrevocable, perpetual, royalty-free, worldwide license to use, modify, and incorporate that feedback without restriction or obligation to you.
8. SERVICE-LEVEL TARGETS & UPTIME DISCLAIMER
We target 99.5% monthly uptime, excluding (a) scheduled maintenance with at least 24-hour notice, (b) emergency maintenance, and (c) events beyond our reasonable control. Your sole remedy for downtime is a service credit equal to a pro-rated portion of your monthly fee.
9. MODIFICATION & TERMINATION OF SERVICE
We may modify, suspend, or discontinue any part of the Services with reasonable notice. We may terminate or suspend your access immediately for material breach. Upon termination, Sections 4.2, 5 – 15 survive.
10. THIRD-PARTY SERVICES DISCLAIMER
The Services interoperate with Third-Party Services subject to their own terms. We are not responsible for any act or omission of such third parties.
11. INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from any claim arising out of (a) your breach of these Terms, (b) your User Content or AI Output, or (c) your violation of law or the rights of any third party.
12. LIMITATION OF LIABILITY & “AS IS” WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY EXCEED THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS.
13. GOVERNING LAW & VENUE
These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws principles. The state and federal courts located in the District of Delaware have exclusive jurisdiction, and you consent to personal jurisdiction therein.
14. MANDATORY ARBITRATION & CLASS-ACTION WAIVER
Any dispute not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. You waive the right to litigate in court or to participate in a class action. You may opt out of arbitration by emailingsupport@konabusiness.ai within 30 days of first accepting these Terms.
15. EXPORT-CONTROL COMPLIANCE
You agree to comply with U.S. Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”), EU dual-use regulations, and all applicable export-control laws. You will not export, re-export, or transfer the Services to prohibited regions or parties.
16. CHANGES TO TERMS
We may amend these Terms by posting an updated version at least 30 days before it becomes effective and emailing notice to the address associated with your account. Continued use after the effective date constitutes acceptance.
17. CONTACT INFORMATION
Kona Business AI.
E-mail: support@konabusiness.ai
If you have questions, please contact us.