Terms of Service

1. ACCEPTANCE AND MODIFICATION OF TERMS

1.1 Binding Agreement

By accessing, browsing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2 Modifications

KANU reserves the absolute right to modify, update, or replace these Terms at any time, at our sole discretion, without prior notice. Modifications will be effective immediately upon posting. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

1.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KANU regarding the Service and supersede all prior or contemporaneous communications, agreements, or understandings.

2. DESCRIPTION OF SERVICE

2.1 AI Website Builder Platform

KANU provides an artificial intelligence-powered website builder platform with integrated basic SEO functionality. The Service enables users to create, customize, and host websites using our proprietary AI technology.

2.2 Technology Infrastructure

Our Service utilizes various third-party technologies and platforms including but not limited to Vercel (hosting, deployment, analytics, and speed insights), NextJS, Stripe (payment processing), Klaviyo (email and SMS marketing), Google Analytics, Facebook Pixel, Entri DNS, OpenAI's ChatGPT, Anthropic's Claude, Google Gemini, and other technologies as we may implement from time to time.

2.3 Service Modifications

KANU reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

3. USER ACCOUNTS AND ELIGIBILITY

3.1 Account Registration

To use certain features of the Service, you must create an account and provide accurate, current, and complete information.

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 KANU's Ownership

ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL WEBSITES, CODE, DESIGNS, CONTENT, SEO WORK, TEMPLATES, TOOLS, ALGORITHMS, ARTIFICIAL INTELLIGENCE MODELS, METHODOLOGIES, AND ANY OTHER WORK PRODUCT CREATED THROUGH OR IN CONNECTION WITH THE SERVICE, ARE AND SHALL REMAIN THE EXCLUSIVE PROPERTY OF KANU AI CORP.

4.2 Limited License to User

Subject to your compliance with these Terms and payment of applicable fees, KANU grants you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business purposes during the term of your subscription.

4.3 User Content License

By uploading, submitting, or providing any content, data, text, images, or other materials to the Service ("User Content"), you grant KANU a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, distribute, display, perform, and create derivative works from such User Content for any purpose, including but not limited to providing the Service, improving our offerings, marketing, and creating training data for our AI systems.

4.4 Retention of Rights

Upon termination of your account for any reason, ALL RIGHTS TO ANY WEBSITES, CODE, DESIGNS, OR OTHER WORK PRODUCT CREATED THROUGH THE SERVICE SHALL REMAIN WITH KANU. You acknowledge and agree that you have no ownership rights in any such materials.

4.5 DMCA Policy

KANU will respond to legitimate DMCA takedown requests, but reserves the right to evaluate the validity of such requests at our sole discretion.

5. USER CONTENT LIABILITY

5.1 Complete User Responsibility

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT APPEARS ON ANY WEBSITE CREATED THROUGH THE SERVICE, INCLUDING:

• All text, images, videos, and multimedia content
• All AI-generated content created using our tools
• All third-party content you incorporate
• All metadata, SEO content, and descriptions
• All functionality and interactive elements

5.2 Legal Compliance Obligation

You warrant that all content you create or publish through the Service:

• Complies with all applicable federal, state, local, and international laws
• Does not violate any third-party intellectual property rights
• Does not constitute defamation, harassment, or invasion of privacy
• Does not promote illegal activities or violate public policy
• Meets all industry-specific regulatory requirements applicable to your business

5.3 AI Content Responsibility

You understand that AI-generated content is based on your prompts and instructions, and YOU REMAIN FULLY LIABLE for:

• The accuracy and appropriateness of all AI-generated content
• Ensuring AI-generated content does not infringe third-party rights
• Compliance of AI-generated content with all applicable laws
• Any consequences arising from publication of AI-generated content

5.4 Third-Party Claims

You agree that KANU has no liability for any third-party claims arising from your content, and you will handle all such claims at your own expense.

6. PAYMENT TERMS

6.1 Subscription Fees

Use of the Service requires payment of subscription fees as specified in your chosen plan. All fees are non-refundable except as expressly provided herein.

6.2 Payment Processing

Payments are processed by third-party payment processors including Stripe. You agree to provide accurate payment information and authorize KANU to charge the provided payment method.

6.3 Price Changes

KANU reserves the right to change pricing at any time upon thirty (30) days' notice.

6.4 Late Payments

Overdue payments may result in immediate suspension or termination of your account and forfeiture of all content and work product.

7. MARKETING COMMUNICATIONS

7.1 Consent to Communications

By providing your contact information, including phone number and email address, you may consent to receive marketing communications from KANU via email and SMS, including promotional messages, product updates, and cart abandonment reminders.

7.2 SMS Marketing Compliance

If you opt in to SMS marketing:

• You consent to receive text messages at the phone number provided
• Message and data rates may apply
• You can opt out at any time by replying STOP to any message
• We may use automated technology to send messages

7.3 Opt-Out Rights

You may opt out of marketing communications at any time by:

• Using unsubscribe links in emails
• Replying STOP to SMS messages
• Contacting us directly at founders@getkanu.com
• Updating your communication preferences in your account settings

8. TERMINATION

8.1 Termination by User

You may terminate your account at any time by following the cancellation procedures outlined in your account settings.

8.2 Termination by KANU

KANU may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to violation of these Terms.

8.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• ALL WEBSITES, CONTENT, CODE, AND WORK PRODUCT CREATED THROUGH THE SERVICE WILL REMAIN THE PROPERTY OF KANU AND WILL NOT BE PROVIDED TO YOU
• KANU IS UNDER NO OBLIGATION TO PROVIDE WEBSITE FILES, BACKUPS, CREDENTIALS, OR ANY TRANSITION ASSISTANCE
• All unpaid amounts owed to KANU will become immediately due and payable
• KANU may immediately deactivate or delete your websites and associated content

8.4 Survival

Sections relating to intellectual property, payment obligations, limitations of liability, indemnification, and governing law shall survive termination.

9. USER CONTENT LIABILITY AND PROHIBITED USES

9.1 User Content Responsibility

YOU ARE SOLELY AND COMPLETELY LIABLE FOR ALL CONTENT YOU CREATE, UPLOAD, POST, OR PUBLISH THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• All text, images, videos, audio, and other materials you add to your website
• All content generated through our AI tools based on your prompts or instructions
• All third-party content you incorporate into your website
• All metadata, descriptions, and SEO content you create or generate

9.2 Content Compliance

You represent and warrant that all content you create or use through the Service:

• Complies with all applicable local, state, national, and international laws and regulations
• Does not infringe upon any third-party intellectual property rights
• Does not contain defamatory, libelous, or false statements
• Does not violate any person's right to privacy or publicity
• Is not obscene, pornographic, or sexually explicit
• Does not promote violence, hatred, or discrimination
• Does not contain malicious code, viruses, or harmful software

9.3 AI Usage Restrictions

You agree not to use our AI tools to:

• Generate illegal, harmful, or inappropriate content
• Create content that violates any laws or regulations
• Generate content that infringes third-party rights
• Create misleading, deceptive, or fraudulent content
• Generate content promoting illegal activities, violence, or harm
• Create spam, phishing, or malicious content
• Generate content that violates platform policies of third-party services

9.4 Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to reverse engineer, decompile, or otherwise derive source code from the Service
• Use the Service to create competing products or services
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content
• Violate any third-party rights
• Use the Service to spam, harass, or engage in abusive behavior
• Create websites that promote illegal activities, hate speech, or violence
• Use the Service to distribute copyrighted material without permission
• Engage in money laundering, fraud, or other illegal financial activities
• Create content that exploits minors in any way
• Violate applicable marketing laws including CAN-SPAM Act, TCPA, or similar regulations

9.5 Content Monitoring

While KANU has no obligation to monitor user content, we reserve the right to review, edit, or remove any content at our sole discretion without notice.

9.6 Enforcement

Violation of these restrictions may result in immediate termination and legal action. You agree to indemnify KANU for any claims arising from your violation of these terms.

10. THIRD-PARTY SERVICES

10.1 Integration

The Service may integrate with or rely upon third-party services, platforms, and tools including Klaviyo, Stripe, Google Analytics, and others. KANU makes no warranties regarding such third-party services and disclaims all liability related to their use, availability, or performance.

10.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions.

11. DISCLAIMERS AND WARRANTIES

11.1 AS-IS BASIS

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. KANU DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND RELIABILITY.

11.2 No Guarantees

KANU MAKES NO GUARANTEES REGARDING:

• Website performance, search engine rankings, or SEO results
• Uptime, availability, or uninterrupted access to the Service
• The accuracy, completeness, or usefulness of any content or information
• Compatibility with third-party services or technologies
• Security or protection against data breaches or cyberattacks

11.3 AI Technology Disclaimer

THE SERVICE UTILIZES ARTIFICIAL INTELLIGENCE TECHNOLOGY, WHICH MAY PRODUCE UNPREDICTABLE OR INACCURATE RESULTS. KANU DISCLAIMS ALL LIABILITY FOR ANY CONTENT, RECOMMENDATIONS, OR OUTPUT GENERATED BY AI SYSTEMS. YOU ARE SOLELY RESPONSIBLE FOR:

• REVIEWING AND VALIDATING ALL AI-GENERATED CONTENT BEFORE PUBLICATION
• ENSURING AI-GENERATED CONTENT COMPLIES WITH ALL APPLICABLE LAWS
• ANY ILLEGAL, HARMFUL, OR INAPPROPRIATE USE OF AI TOOLS
• ANY CONSEQUENCES ARISING FROM PUBLISHING AI-GENERATED CONTENT

11.4 User Content Disclaimer

KANU DOES NOT REVIEW, APPROVE, OR ENDORSE ANY USER CONTENT AND DISCLAIMS ALL LIABILITY FOR:

• The accuracy, legality, or appropriateness of user content
• Any harm caused by content created through the Service
• Intellectual property infringement by user content
• Compliance of user content with applicable laws and regulations

12. LIMITATION OF LIABILITY

12.1 EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KANU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF KANU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 LIABILITY CAP

IN NO EVENT SHALL KANU's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID TO KANU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

12.3 Essential Terms

You acknowledge that these limitations of liability are essential elements of these Terms and that KANU would not provide the Service without such limitations.

13. INDEMNIFICATION

13.1 User Indemnification

You agree to defend, indemnify, and hold harmless KANU, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit, create, upload, or make available through the Service
• Any activities conducted through your account
• ALL CONTENT CREATED, GENERATED, OR PUBLISHED THROUGH YOUR USE OF THE SERVICE, INCLUDING AI-GENERATED CONTENT
• ANY ILLEGAL, HARMFUL, OR INAPPROPRIATE USE OF OUR AI TOOLS
• ANY CLAIMS THAT YOUR WEBSITE CONTENT VIOLATES APPLICABLE LAWS OR THIRD-PARTY RIGHTS
• ANY DAMAGES OR HARM CAUSED BY CONTENT ON WEBSITES YOU CREATE THROUGH THE SERVICE
• VIOLATIONS OF MARKETING LAWS INCLUDING CAN-SPAM, TCPA, OR SIMILAR REGULATIONS

13.2 Content-Specific Indemnification

Without limiting the generality of Section 13.1, you specifically agree to indemnify KANU for:

• Copyright, trademark, or other intellectual property infringement claims
• Privacy violations or unauthorized use of personal information
• Defamation, libel, or slander claims
• Violations of advertising, consumer protection, or business practice laws
• Claims arising from illegal or harmful content on your website
• Regulatory violations or compliance failures related to your content

13.3 KANU Protection

This indemnification obligation shall survive termination of these Terms and applies regardless of whether KANU had knowledge of or involvement in the creation of the content.

14. ADDITIONAL SERVICES DISCLAIMER

14.1 Email and Other Services

If KANU provides assistance with email setup, domain configuration, or other ancillary services, such assistance is provided AS-IS without any warranties or ongoing support obligations.

14.2 No Transition Support

REGARDLESS OF ANY ASSISTANCE PROVIDED IN SETTING UP EMAIL, DOMAINS, OR OTHER SERVICES, KANU IS UNDER NO OBLIGATION TO PROVIDE SUPPORT, CREDENTIALS, OR ASSISTANCE FOR TRANSITIONING AWAY FROM THE SERVICE UPON CANCELLATION OR TERMINATION.

14.3 Third-Party Service Disclaimer

KANU IS NOT LIABLE FOR THE PERFORMANCE, AVAILABILITY, OR FUNCTIONALITY OF ANY EMAIL SERVICES, DOMAIN SERVICES, OR OTHER THIRD-PARTY SERVICES, EVEN IF KANU ASSISTED IN THEIR INITIAL SETUP.

15. DATA AND PRIVACY

15.1 Data Collection

Our collection, use, and protection of your personal information is governed by our Privacy Policy.

15.2 Data Processing

You acknowledge that KANU may process and analyze usage data to improve the Service and develop new features.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

16.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware. You consent to personal jurisdiction in such courts.

16.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the arbitral award may be entered in any court having jurisdiction.

16.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. MOBILE TERMS OF SERVICE

The Kanu mobile message service (the "Service") is operated by Kanu ("Kanu", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

17.1 SMS/Text Messaging Service

By consenting to Kanu's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kanu through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

17.2 Voluntary Participation

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kanu. Your participation in this program is completely voluntary.

17.3 Charges and Fees

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

17.4 Opt-Out Instructions

You may opt-out of the Service at any time. Text the single keyword command STOP to +18774144035 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kanu mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

17.5 Support

For Service support or assistance, text HELP to +18774144035 or email support@getkanu.com.

17.6 Number Changes

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

17.7 Carrier Liability

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

17.8 Service Limitations

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

17.9 Privacy

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

18. MISCELLANEOUS

18.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.2 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

18.3 Assignment

You may not assign or transfer these Terms without KANU's prior written consent. KANU may assign these Terms without restriction.

18.4 Force Majeure

KANU shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control.

18.5 Notices

All notices to KANU should be sent to founders@getkanu.com.

18.6 Independent Contractors

The parties are independent contractors. These Terms do not create any agency, partnership, or joint venture relationship.

18.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

19. CONTACT INFORMATION

For questions about these Terms, please contact us at: