Kimara

Kimara.ai

Terms of Service

Effective Date: February 16, 2025

By accessing or using Kimara.ai, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

1. Definitions and Acceptance

Parties

These Terms of Service ("Agreement") constitute a binding agreement between Pantheon Software Ltd, a Finnish limited liability company (Business ID: FI36050587) ("Company," "we," "us," or "our"), and the individual or entity accessing or using Kimara.ai and related services ("User," "you," or "your").

Acceptance

By creating an account, accessing, or using the service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, incorporated herein by reference.

Company Information

Corporate Name: Pantheon Software Ltd

Business Identifier: FI36050587

Electronic Mail: info@kimara.ai

Website: https://kimara.ai

2. Service Description

Service Scope

Kimara provides hosted tools, infrastructure, and workspace functionality for AI workflow creation, execution, collaboration, storage, and related features. The service may include access to managed compute resources, user content storage, and team or studio functionality.

Availability and Changes

  • We may add, modify, suspend, or remove features at any time
  • Access to features may depend on your plan, workspace settings, or technical limits
  • We may impose usage, rate, storage, or capacity limits to protect the service
  • Planned or unplanned downtime may occur for maintenance, scaling, or security

No Guarantee of Specific Features

We may improve the service continuously, but we do not guarantee that any specific feature, integration, model, node, output format, or compatibility level will remain available for any defined period.

3. User Representations and Warranties

Accuracy of Information

User represents and warrants that all information provided in connection with the account is true, accurate, current, and complete, and undertakes to update such information if material changes occur.

Capacity

User represents that they have full legal capacity to enter into this Agreement and, if registering on behalf of an entity, that they have all necessary authority to bind such entity.

Compliance

User warrants that their use of the service will comply with all applicable laws, regulations, contractual obligations, and third-party rights.

4. Communications

Consent to Communications

By using the service, User consents to receive electronic communications from the Company relating to the service, including security notices, billing notices, operational updates, product changes, and account-related communications.

Communication Standards

The Company shall endeavor to ensure all communications are professional, relevant, and sent at reasonable frequencies. User retains the right to opt out of non-essential communications at any time through the unsubscribe mechanism provided in each communication.

5. Intellectual Property Rights

Company Property

All intellectual property rights in and to the Company's website, materials, and communications, including but not limited to copyrights, trademarks, trade secrets, and patents, remain the exclusive property of the Company.

Limited License

The Company grants User a limited, non-exclusive, non-transferable, revocable license to access and use the service in accordance with this Agreement for User's internal, lawful purposes.

User Content

As between the parties, you retain ownership of content you upload, create, or submit through the service. You grant us a limited, non-exclusive, revocable license to host, process, store, transmit, and display that content as necessary to operate, secure, maintain, and improve the service.

6. Data Protection

Privacy Compliance

The Company shall process User's personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), as detailed in our Privacy Policy.

Security Measures

The Company implements commercially reasonable technical and organizational measures to protect User data against unauthorized access, alteration, disclosure, or destruction.

7. Acceptable Use Policy

User Obligations

  • Submit only true and accurate information
  • Keep login credentials secure and do not share accounts improperly
  • Do not employ automated systems or scripts in ways that disrupt the service
  • Do not circumvent security measures or access restricted areas
  • Do not engage in conduct that could damage, disable, impair, or overload the systems
  • Do not upload, run, or distribute unlawful, infringing, or harmful content

Enforcement

The Company reserves the right to investigate suspected violations and cooperate with law enforcement authorities as required by law.

8. Disclaimers and Risk Allocation

Service Risks

  • Outputs generated through AI workflows may be inaccurate, incomplete, or unsuitable
  • Third-party models, extensions, or integrations may change or fail without notice
  • Service performance may vary based on workload, infrastructure, or external providers

No Guarantee of Availability

We do not guarantee uninterrupted availability, error-free operation, or that the service will meet every User requirement. User is responsible for evaluating whether the service is appropriate for their intended use.

Disclaimer of Warranties

To the extent permitted by applicable law, the service is provided "AS IS." The Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

Exclusion of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any damages of any kind arising out of or in connection with this Agreement or the service, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages.

Basis of the Bargain

User acknowledges that these limitations reflect the allocation of risk between the parties and form a fundamental element of the agreement. To the extent the Company offers paid plans, the aggregate liability of the Company shall not exceed the amounts paid by User in the twelve (12) months preceding the claim.

Exceptions

The limitations set forth in this Section 9 shall not apply to liability arising from the Company's willful misconduct or gross negligence, or to any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection provisions.

10. Term and Termination

Term

This Agreement commences when User first accesses or uses the service and continues until terminated in accordance with this Section.

Termination Rights

Either party may terminate this Agreement at any time by providing written notice to the other party. The Company may additionally terminate this Agreement immediately if User breaches any provision hereof.

Effect of Termination

Upon termination, User's right to access the service shall cease, and the Company may suspend or delete access to workspaces, teams, outputs, or stored content in accordance with applicable law and operational retention practices. If the User holds an active paid plan at the time of termination, the subscription may be cancelled immediately or at the end of the then-current billing period, and fees already paid are non-refundable except where required by law.

Survival

Sections 5, 8, 9, 11, 12, and 13 shall survive termination.

11. Governing Law and Dispute Resolution

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law principles.

Dispute Resolution

The parties shall endeavor to resolve any disputes arising hereunder through good faith negotiations. If such negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the competent courts of Finland, subject to mandatory consumer protection provisions.

12. Promotions and Optional Programs

Optional Programs

We may offer optional promotions, referral programs, credits, discounts, or beta features from time to time. Any such program may be subject to separate terms, eligibility requirements, anti-abuse rules, expiration dates, or technical limits.

Abuse and Cancellation

We reserve the right, in our sole discretion, to disqualify any participant, void any credits or promotional benefits, or refuse to honor any offer if we suspect fraudulent activity, abuse, misuse, or violation of applicable program terms.

No Cash Value

Unless expressly stated otherwise, promotional credits and rewards are non-transferable, non-refundable, may expire, and have no cash value.

Amendment & Termination

We may modify, suspend, or terminate any optional program at any time, with or without notice, including changing eligibility criteria, reward structures, or applicable terms.

General Provisions

Participation in optional programs remains subject to these Terms of Service, our Privacy Policy, and any additional program-specific rules we publish.

13. General Provisions

Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties regarding the service and supersedes all prior agreements and understandings.

Amendment

The Company reserves the right to amend this Agreement by posting revised terms on its website. Continued use of the service following such posting constitutes acceptance of the amended terms.

Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

Assignment

User may not assign this Agreement without the Company's prior written consent. The Company may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.

Contact Information

General Inquiries: info@kimara.ai

Legal Matters: legal@kimara.ai