Terms of Service

Last Updated: December 09, 2025

IMPORTANT: Please read these Terms of Service ("Terms") carefully before using Kekula.ai. These Terms constitute a legally binding agreement between you and Prismo LLC.

Introduction and Acceptance
Definitions
Eligibility and Account Registration
Educational Use Only
Subscriptions, Payments, and Billing
Intellectual Property Rights
User Content and Conduct
Copyright and DMCA Policy
Third-Party Services and Integrations
Privacy and Data Protection
AI Technology and Outputs
Beta and Experimental Features
Prohibited Conduct
Termination, Suspension, and Data
Service Availability and Disclaimers
Limitation of Liability
Indemnification
Dispute Resolution and Arbitration
Changes to Terms and Service
Governing Law and Jurisdiction
Export Controls and Compliance
Miscellaneous
Contact Information

1. Introduction and Acceptance

1.1 About Kekula

Welcome to Kekula.ai (the "Service" or "Platform"), an educational technology platform operated by Prismo LLC, a limited liability company registered in the State of Washington, USA ("Kekula," "we," "us," or "our").

1.2 Agreement to Terms

By accessing, browsing, or using the Service in any manner, including but not limited to visiting our website, creating an account, or using any features or content, 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.

1.3 Educational Purpose

The Service is designed exclusively for educational, non-commercial use. All features, content, and AI-generated outputs are intended solely for learning purposes and must not be used for real-world deployment, commercial applications, or operational decision-making.

1.4 Modifications

We reserve the right to modify these Terms at any time. When we update these Terms, we will revise the "Last Updated" date at the top of this page. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription.

2. Definitions

For purposes of these Terms:

"Account" means your registered user account on the Service.
"Child" or "Children" means users under the age of 18.
"Content" means all text, graphics, images, music, software, audio, video, information, and other materials available through the Service.
"Institutional User" means schools, educational institutions, or organizations using the Service for educational purposes.
"Merchant of Record" or "MoR" means the entity that processes payments and is the seller of record for transactions.
"Mobile App" means any mobile application provided by Prismo LLC for use on mobile devices, including iOS and Android devices.
"Parent" means a parent or legal guardian of a Child.
"Personal Data" has the meaning set forth in applicable data protection laws.
"Service" means the Kekula.ai platform, including all websites, mobile applications (Mobile Apps), web applications, features, and services provided by Prismo LLC.
"Subscription" means a paid plan providing access to premium features of the Service.
"User," "you," or "your" means any person or entity using the Service.
"User Content" means any content, data, or materials you submit, upload, or create using the Service.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years of age to create an account on the Service. By creating an account, you represent and warrant that you are at least 18 years old.

The Service is designed for educational use by children (typically grades 3-12), but all accounts must be created and managed by adults.

3.2 Student Accounts

Adults with an active paid subscription may create Student Accounts for children under their care. This includes parents creating accounts for their children, and authorized teachers or administrators creating accounts for students at educational institutions.

By creating a Student Account, you represent and warrant that:

You are the parent, legal guardian, or authorized educator of the child
You consent to the child's use of the Service under these Terms
You accept full responsibility for the child's use of the Service
You will supervise the child's activities on the platform as appropriate
You consent to our collection and use of the child's information as described in our Privacy Policy

Paid subscription requirement: A paid subscription is required to create Student Accounts. This requirement serves as verification of adult consent and responsibility.

3.3 Adult Responsibility

Adults are solely responsible for:

All activity that occurs under their account and any Student Accounts they create
Ensuring the content accessed by children is appropriate
Supervising children's use of the Service as they deem appropriate
Reviewing and approving any content children create or access
Managing account settings and privacy preferences for Student Accounts
Ensuring compliance with these Terms

3.4 Account Registration

To access certain features, you must create an Account by providing:

Accurate and complete registration information
A valid email address
A secure password
Any additional information required for verification and compliance

You agree to keep your Account information current and accurate.

3.4 Account Security

You are responsible for:

Maintaining the confidentiality of your Account credentials
All activities that occur under your Account
Notifying us immediately at support@kekula.ai of any unauthorized access or security breach
Not sharing your Account with others or allowing others to access your Account
Using a strong, unique password

We are not liable for any loss or damage arising from your failure to maintain Account security.

3.5 Institutional Accounts

Educational institutions may create Institutional Accounts subject to separate terms and agreements. Institutional Users must:

Obtain appropriate consents from students and parents as required by law
Comply with applicable educational privacy laws (e.g., FERPA, COPPA, GDPR)
Ensure proper supervision of student use
Maintain accurate student roster information
Designate authorized administrators
Comply with institutional-specific terms provided separately

4. Educational Use Only

4.1 Permitted Uses

The Service and all Content are provided exclusively for educational purposes. You may use the Service to:

Learn about artificial intelligence, machine learning, and related technologies
Complete educational courses, presentations, quizzes, and interactive activities
Create educational projects, experiments, and prototypes
Track learning progress and achievements
Collaborate with teachers and classmates (for Institutional Users)
Explore AI concepts in a safe, supervised environment

4.2 Prohibited Uses

You expressly agree NOT to use the Service, Content, or any AI-generated outputs for:

Real-world deployment of any kind, including production systems
Commercial purposes, business operations, or revenue-generating activities
Medical, legal, financial, or safety-critical decisions or applications
Autonomous systems, operational control systems, or mission-critical applications
Production environments, live applications, or operational software
Professional advice, consultation, or services
Any use that could cause harm to persons, property, or the environment
Training competing AI models or services
Circumventing safety features or content filters

4.3 Acknowledgment

You acknowledge and agree that:

All projects created using the Service are prototypes for learning only
AI-generated outputs are educational illustrations and not production-ready code, advice, or solutions
The Service is designed for educational exploration, not professional or commercial deployment
You bear sole responsibility for any use of Service outputs outside the Platform
Kekula and Prismo LLC disclaim all liability for misuse of educational content
AI outputs may contain errors, biases, or inaccuracies and should not be relied upon for critical decisions

5. Subscriptions, Payments, and Billing

5.1 Subscription Plans

We offer various subscription plans providing access to premium features of the Service. Current pricing and plan details are available at https://kekula.ai/pricing.

5.2 Free Access Tier

New users can sign up for free and access limited content including select courses, AI Playground activities, and AI Blox blocks. No payment method is required for free access. Upgrade to a paid subscription anytime to unlock full access to all features.

5.3 Payment Processing

Payments are processed by third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your payment method for all fees incurred.

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee.

5.5 Price Changes

We may change subscription prices at any time. Price changes will apply to subsequent billing periods after the change is posted.

5.6 Taxes

You are responsible for any applicable taxes, duties, or government charges. Prices displayed may not include such charges depending on your location.

5.7 Cancellation and Refunds

You may cancel your subscription at any time from your account settings. For refund eligibility and procedures, please see our Refund Policy.

5.8 Institutional Pricing

Educational institutions may be eligible for volume-based discounts. Contact us at support@kekula.ai for institutional pricing information.

6. Intellectual Property Rights

6.1 Kekula's Intellectual Property

The Service and all Content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Kekula Content"), are the property of Prismo LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Kekula Content solely for your personal, non-commercial educational purposes.

6.3 Restrictions

You may not:

Copy, modify, distribute, sell, or lease any part of the Service or Kekula Content
Reverse engineer, decompile, or disassemble the Service or any software
Remove, alter, or obscure any copyright, trademark, or other proprietary notices
Use the Service or Content for any commercial purpose
Frame or mirror any part of the Service without our prior written consent
Use any automated system to access the Service except as permitted by us

6.4 Trademarks

"Kekula," "Kekula.ai," and associated logos are trademarks of Prismo LLC. You may not use these trademarks without our prior written permission.

6.5 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

7. User Content and Conduct

7.1 Ownership of User Content

You retain ownership of all User Content you create, upload, or submit to the Service. However, you are solely responsible for your User Content and the consequences of posting or publishing it.

7.2 License to Kekula

By submitting User Content to the Service, you grant Prismo LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Prismo LLC's business, including for promoting and redistributing part or all of the Service.

This license exists only for the purpose of operating, developing, providing, and improving the Service and researching and developing new ones.

7.3 User Content Representations

You represent and warrant that:

You own or have the necessary rights to submit your User Content
Your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
Your User Content complies with these Terms and all applicable laws
Your User Content does not contain viruses, malware, or other harmful code

7.4 Content Monitoring

We have no obligation to monitor User Content but reserve the right to review, monitor, and remove User Content at our sole discretion, including content that violates these Terms or is otherwise objectionable.

7.5 Prohibited Content

You may not submit User Content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Infringes any intellectual property or other proprietary rights
Contains viruses, malware, or other harmful code
Impersonates any person or entity or misrepresents your affiliation with any person or entity
Violates the privacy or publicity rights of others
Contains unsolicited advertising, promotional materials, or spam
Is intended to harm minors in any way

8. Copyright and DMCA Policy

8.1 Respect for Copyright

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable laws.

8.2 DMCA Agent

Our designated agent for receiving notifications of claimed copyright infringement is:

DMCA Agent Prismo LLC 522 W RIVERSIDE AVE STE N SPOKANE WA 99201-0581 Email: support@kekula.ai

8.3 Notification of Infringement (Takedown Request)

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our DMCA Agent with a written communication containing:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and where it is located on the Service (including URL if applicable)
Your contact information, including address, telephone number, and email address
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on their behalf

8.4 Counter-Notification

If you believe that your User Content was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our DMCA Agent containing:

Your physical or electronic signature
Identification of the material that has been removed or disabled and its location before removal
A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification
Your name, address, telephone number, and email address
A statement that you consent to the jurisdiction of the federal court in King County, Washington, and that you will accept service of process from the person who provided the original notification

Upon receiving a valid counter-notification, we will forward it to the complaining party and restore the removed content within 10-14 business days unless the complaining party notifies us that they have filed a court action.

8.5 Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8.6 False Notifications

Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be subject to liability.

9. Third-Party Services and Integrations

9.1 Third-Party Services

The Service may integrate with or contain links to third-party websites, services, or resources ("Third-Party Services"). These Third-Party Services are not under our control, and we are not responsible for their content, privacy policies, or practices.

9.2 Third-Party Service Providers

We use various third-party service providers to operate the Service, including:

Cloud hosting and infrastructure providers
Payment processors
Email service providers
Analytics and monitoring services
Authentication services

A complete list of our data subprocessors is available at subprocessors.

9.3 No Endorsement

Our inclusion of links to Third-Party Services does not imply endorsement or recommendation. You access Third-Party Services at your own risk and subject to their terms and conditions.

9.4 Third-Party Terms

Your use of Third-Party Services may be subject to additional terms and conditions imposed by those third parties. You are responsible for reviewing and complying with such terms.

9.5 Mobile Applications

If you download and use our Mobile App, the following additional terms apply:

License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Mobile App on a device you own or control, solely for your personal, non-commercial educational use.

App Store Terms: Your use of the Mobile App is also subject to the terms and conditions of the applicable app store (e.g., Apple App Store, Google Play Store). In the event of any conflict between these Terms and the app store terms, the app store terms will govern with respect to your use of the Mobile App to the extent of such conflict.

Updates: We may release updates to the Mobile App from time to time. You agree to install such updates to continue using the Mobile App. Some updates may be required for continued use.

Device Permissions: The Mobile App may request access to certain features of your device (e.g., camera, microphone, storage). You can manage these permissions through your device settings.

Offline Use: Some features of the Mobile App may be available offline. However, full functionality requires an internet connection.

Data Usage: Use of the Mobile App may consume mobile data. You are responsible for any data charges incurred.

10. Privacy and Data Protection

10.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our privacy practices as described in the Privacy Policy.

10.2 Children's Privacy

We are committed to protecting children's privacy in compliance with COPPA, GDPR, and other applicable laws. We obtain verifiable parental consent before collecting personal information from children. Parents have the right to review, delete, and control their children's information as described in our Privacy Policy.

10.3 Data Security

We implement reasonable security measures to protect your information. However, no system is completely secure, and we cannot guarantee absolute security of your data.

10.4 Your Responsibilities

You are responsible for maintaining the security of your Account and for all activities under your Account. You must notify us immediately of any unauthorized access or security breach.

11. AI Technology and Outputs

11.1 Educational AI Models

The Service uses artificial intelligence and machine learning models for educational purposes. These models are designed to teach AI concepts and are not intended for production use or critical applications.

11.2 No Accuracy Guarantees

AI-generated outputs may contain errors, inaccuracies, biases, or inappropriate content. We make no representations or warranties regarding the accuracy, reliability, completeness, or appropriateness of any AI-generated content.

11.3 Supervised Use

Children should use AI features under adult supervision. Parents and educators are responsible for reviewing AI-generated content and ensuring it is appropriate for the child's age and educational level.

11.4 Limitations

You acknowledge that:

AI models may produce unexpected, incorrect, or biased results
AI outputs should not be used for decision-making without human review
The Service is for learning about AI, not deploying AI in real-world scenarios
We are not liable for any consequences of relying on AI-generated content

11.5 Continuous Improvement

We continuously work to improve our AI models and may update, modify, or replace them at any time without notice. Model behavior may change as we make improvements.

11.6 AI Output Ownership

Subject to our underlying intellectual property rights in the Service, educational content, and AI models:

You own the outputs you create using our AI tools, including AI-generated content in your projects
You grant us a license to use your outputs as described in Section 7.2
Outputs may incorporate or be derived from our proprietary AI models, educational content, and training data, which remain our property
You may use your outputs for personal, educational purposes as permitted under these Terms
You may NOT use AI-generated outputs for commercial purposes, to train competing AI models, or in any production or operational system

Reuse Outside Platform: If you export or use AI-generated content outside the Platform (for example, in a school project or presentation), you do so at your own risk and subject to the educational use restrictions in Section 4.

11.7 No Professional Advice

THE SERVICE AND ALL AI OUTPUTS ARE FOR EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND. Specifically, nothing in the Service or any AI-generated output should be construed as:

Legal advice - Do not rely on any output for legal decisions or compliance
Medical or health advice - Do not rely on any output for health, medical, or therapeutic decisions
Financial or investment advice - Do not rely on any output for financial planning, investing, or accounting
Engineering or safety-critical guidance - Do not rely on any output for engineering, construction, or safety-critical applications
Professional consultation - The Service does not replace consultation with qualified professionals

You acknowledge that reliance on AI outputs for any professional purpose is done at your sole risk, and we disclaim all liability for any consequences of such reliance.

12. Beta and Experimental Features

12.1 Beta Features

From time to time, we may offer beta, preview, early access, or experimental features ("Beta Features"). Beta Features are provided for evaluation and feedback purposes.

12.2 Beta Features Disclaimer

BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. Beta Features:

May contain bugs, errors, or unexpected behavior
May be less reliable than production features
May be modified, suspended, or discontinued at any time without notice
May have different privacy, security, or performance characteristics
Are not recommended for critical or production use

12.3 No Support Obligation

We are under no obligation to provide support, maintenance, or updates for Beta Features, and may discontinue or limit access to Beta Features at our sole discretion.

12.4 Feedback on Beta Features

By using Beta Features, you agree that we may use any feedback, suggestions, or ideas you provide about Beta Features without any obligation to you.

13. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

13.1 Legal Violations

Violating any applicable local, state, national, or international law or regulation
Engaging in any activity that infringes the intellectual property rights of others
Violating any privacy or publicity rights

13.2 Service Disruption

Interfering with or disrupting the Service or servers or networks connected to the Service
Using any robot, spider, scraper, or other automated means to access the Service
Attempting to gain unauthorized access to the Service, other accounts, or computer systems
Introducing viruses, malware, or other harmful code
Overloading, flooding, or spamming the Service

13.3 Misuse of Service

Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity
Creating multiple accounts to evade restrictions or bans
Selling, trading, or transferring your Account to another party
Using the Service for any unauthorized commercial purpose
Collecting or harvesting any personally identifiable information from the Service
Reverse engineering, decompiling, or disassembling any part of the Service

13.4 Harmful Activities

Harassing, threatening, or intimidating other users
Posting or transmitting any content that is harmful to minors
Engaging in any activity that could harm Kekula's reputation or business
Encouraging or facilitating violations of these Terms

13.5 Competitive Activities

Using the Service to develop competing products or services
Training machine learning models on our Content without permission
Copying our educational materials for use in competing platforms

14. Termination, Suspension, and Data

14.1 Termination by You

You may terminate your Account at any time by:

Canceling your subscription through your account settings
Contacting us at support@kekula.ai to request account deletion
Following the account deletion process in your account settings

Upon termination, your right to access and use the Service will immediately cease.

14.2 Termination by Kekula

We reserve the right to suspend or terminate your Account and access to the Service, with or without notice, for any reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Extended periods of inactivity
Requests by law enforcement or government agencies
Unexpected technical issues or security concerns
Discontinuation or material modification of the Service

14.3 Effect of Termination

Upon termination of your Account:

Your right to use the Service will immediately cease
We may delete your Account and User Content
You will not be entitled to any refunds except as provided in our Refund Policy
Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification

14.4 User Data Upon Closure

Personal Accounts:

Upon account closure, we will delete your personal information and User Content within 30 days, except as required by law
You may request an export of your data before closing your account by contacting support@kekula.ai
Progress data and learning records will be permanently deleted

Student Accounts:

When a parent closes their account, all associated Student Accounts and their data will be deleted
Student portfolios and project data will be permanently deleted
Progress tracking data will no longer be accessible

Institutional Accounts:

When a teacher or administrator account is deleted, student data associated with that account will be reassigned to another authorized administrator or deleted as specified by the institution
Collaborative classroom content may be retained for other authorized users of the institution
The institution's designated administrator may request data transfer or deletion

Data Preservation:

We may retain anonymized or aggregated data that does not identify you
We may preserve information as required to comply with legal obligations, resolve disputes, or enforce our agreements
Backup systems may retain data for up to 90 days after deletion from active systems

14.5 Data Retention

After termination, we may retain certain information as required by law or for legitimate business purposes, as described in our Privacy Policy.

15. Service Availability and Disclaimers

15.1 No Uptime Guarantee

WE DO NOT GUARANTEE ANY SPECIFIC UPTIME OR AVAILABILITY FOR THE SERVICE. The Service is provided on an "as available" basis, and:

Service interruptions may occur at any time for maintenance, updates, or technical issues
We may temporarily or permanently suspend access to all or part of the Service without notice
We may modify, discontinue, or limit features of the Service at any time
There is no formal service level agreement (SLA) for individual or self-service subscribers

Institutional subscribers may be eligible for separate service level agreements. Contact us for details.

15.2 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PRISMO LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
QUIET ENJOYMENT
ACCURACY OF DATA
SYSTEM INTEGRATION

15.3 No Guarantee of Availability

We do not warrant that:

The Service will be uninterrupted, timely, secure, or error-free
The results obtained from using the Service will be accurate or reliable
The quality of any products, services, information, or other material obtained through the Service will meet your expectations
Any errors in the Service will be corrected

15.4 Educational Outcomes

We make no warranties or guarantees regarding educational outcomes, learning results, or skill development from using the Service. Educational success depends on many factors outside our control.

15.5 Third-Party Content

We are not responsible for any third-party content, websites, or services accessed through the Service. Any reliance on such content is at your own risk.

15.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you.

16. Limitation of Liability

16.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRISMO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS 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
DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
DAMAGES RESULTING FROM ANY AI-GENERATED CONTENT OR EDUCATIONAL MATERIALS

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRISMO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PRISMO LLC AND ITS SUPPLIERS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

16.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

16.4 Basis of the Bargain

You acknowledge that the limitations of liability in this Section 16 are fundamental elements of the basis of the bargain between you and Prismo LLC, and that we would not be able to provide the Service on an economically reasonable basis without these limitations.

17. Indemnification

17.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Prismo LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use or misuse of the Service
Your User Content
Your violation of any rights of another party, including intellectual property rights
Your violation of any applicable laws or regulations
Any claim that your User Content caused damage to a third party

17.2 Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent.

17.3 Notice

You must promptly notify us of any third-party claims subject to indemnification.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before filing a claim, you agree to contact us at support@kekula.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or Prismo LLC may bring a formal proceeding.

18.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

18.3 Exceptions to Arbitration

Notwithstanding the above, either party may bring a lawsuit in court solely for:

Injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights
Small claims court actions (if the claim qualifies)

18.4 Class Action Waiver

YOU AND PRISMO LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18.5 Arbitration Costs

Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules, except that Prismo LLC will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $10,000 and is non-frivolous.

18.6 Opt-Out

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to support@kekula.ai with the subject line "Arbitration Opt-Out" and including your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

19. Changes to Terms and Service

19.1 Changes to Terms

We may modify these Terms at any time. When we make changes, we will:

Post the updated Terms on the Service with a new "Last Updated" date

It is your responsibility to review these Terms periodically for changes. Your continued use of the Service after the posting of revised Terms constitutes your acceptance of the changes. We encourage you to check this page regularly to stay informed of any updates.

19.2 Changes to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

19.3 Feature Changes

We may add, modify, or remove features of the Service at any time. We will endeavor to provide notice of significant changes, but are not obligated to do so.

20. Governing Law and Jurisdiction

20.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.

20.2 Jurisdiction

Subject to the arbitration provisions in Section 18, you agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of such courts.

20.3 International Users

If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. These Terms are governed by U.S. law regardless of your location.

21. Export Controls and Compliance

21.1 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the Office of Foreign Assets Control (OFAC).

21.2 AI Features and Restricted Regions

Certain AI models and features of the Service may be subject to export controls and cannot be used in embargoed countries or by sanctioned persons. By using the Service, you represent and warrant that:

You are not located in, a resident of, or a national of any country subject to U.S. trade sanctions or embargoes (including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine)
You are not on any U.S. government list of prohibited or restricted parties
You will not access or use the Service in any manner that would violate export control laws

21.3 Access Restrictions

We may block access to the Service from certain regions or countries to comply with applicable laws and regulations. We reserve the right to limit or deny access to any user based on geographic location or other compliance factors.

21.4 Government Users

If you are a U.S. government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in 48 C.F.R. § 2.101, and is licensed to you with only those rights as are granted to all other users under these Terms.

22. Miscellaneous

22.1 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Prismo LLC regarding the Service and supersede all prior agreements and understandings.

22.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Prismo LLC.

22.4 Assignment and Change of Control

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. Any purported assignment by you without our consent shall be null and void.

We may assign these Terms at any time without notice or consent, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets. In such event, the Terms will bind and inure to the benefit of the assignee.

22.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

22.6 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

22.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

22.8 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us by email at support@kekula.ai or by mail to our address listed below.

22.9 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Prismo LLC. You have no authority to bind Prismo LLC in any respect.

23. Contact Information

If you have any questions about these Terms, please contact us:

Prismo LLC (dba Kekula)

Email: support@kekula.ai
Address: 522 W RIVERSIDE AVE STE N, SPOKANE WA 99201-0581
Website: https://kekula.ai

For privacy-related inquiries, please see our Privacy Policy or contact support@kekula.ai.

For refund requests, please see our Refund Policy or contact support@kekula.ai.

For copyright and DMCA matters, please see Section 8 or contact support@kekula.ai.

These Terms of Service were last updated on December 09, 2025.