Terms of Service

You must be at least 13 years old to use the Service.

We do not knowingly collect personal information from children under 13. If we become aware that such data has been collected, we will take appropriate steps to delete it.

If you are under 18, you represent that you have parental or guardian consent.

You represent that:

• You have legal capacity to enter into these Terms.
• Your use complies with applicable laws.
• You are not subject to U.S. sanctions or prohibited export restrictions.

You must provide accurate information and maintain its accuracy.

You are responsible for:

• Safeguarding credentials.
• All activity under your account.
• Promptly notifying us of unauthorized use.

We may suspend or terminate accounts for violations, fraud, abuse, or security concerns.

3.1 Subscription Access

Certain features require a paid subscription. Features, pricing, and billing intervals are described within the Service.

We may modify subscription features over time. Continued use constitutes acceptance of such changes.

3.2 Auto-Renewal

Subscriptions automatically renew unless canceled before the end of the billing period.

By subscribing, you authorize recurring charges to your payment method.

3.3 Platform Billing

If purchased through:

• Web — billing is processed by our third-party payment processor.

Refunds are governed by the platform used for purchase.

3.4 Cancellation

You may cancel at any time. Cancellation takes effect at the end of the current billing period.

Except where required by law or platform rules, payments are non-refundable.

All aspects of the Service are owned by Kumiai or its licensors and protected by intellectual property laws.

This includes, without limitation:

• KMT (Kumi Mastery Tiers)
• LPE (Learning Priority Engine)
• LPS (Learning Priority Score)
• Adaptive learning algorithms
• Spaced repetition systems
• Scoring methodologies
• Data structures
• User interface systems
• Structured learning datasets
• Model tuning and optimization outputs

These constitute proprietary trade secrets and confidential information.

4.1 Limited License

You are granted a limited, revocable, non-exclusive, non-transferable license for personal, non-commercial use.

You may not:

• Reverse engineer or decompile the Service.
• Attempt to reconstruct proprietary systems.
• Benchmark the Service to build a competing product.
• Extract structured data at scale.
• Use outputs to train competing systems.
• Circumvent access controls.
• Share accounts.

Unauthorized use terminates this license immediately.

4.2 Automated Access and Data Extraction Prohibition

You may not access or use the Service through automated means or for the purpose of extracting data at scale.

Without limiting the foregoing, you agree not to:

• Use bots, crawlers, scrapers, spiders, data-mining tools, or automated scripts to access, monitor, copy, extract, download, or harvest any portion of the Service.
• Systematically retrieve, index, or store content, structured learning materials, proprietary datasets, system outputs, or metadata.
• Circumvent, bypass, or interfere with rate limits, access controls, authentication systems, or technical protections.
• Use the Service or its outputs to develop, train, fine-tune, benchmark, or validate any competing product, dataset, algorithm, or machine learning model.
• Attempt to map, analyze, or reconstruct proprietary systems, including but not limited to KMT (Kumi Mastery Tiers), LPE (Learning Priority Engine), LPS (Learning Priority Score), or related adaptive logic.

Any unauthorized automated access, large-scale data extraction, or misuse of system outputs constitutes a material breach of these Terms.

We reserve the right to monitor usage patterns, implement technical countermeasures, block access (including IP-based restrictions), and pursue legal remedies for violations of this section.

You retain ownership of User Content.

You grant Kumiai a worldwide, royalty-free license to use such content solely to operate and improve the Service.

You represent that you have necessary rights to submit it.

You retain ownership of your personal data as described in the Privacy Policy.

Kumiai exclusively owns:

• Aggregated and anonymized usage data.
• De-identified learning performance metrics.
• Derived mastery scores and system-generated metrics.
• Model improvements trained on aggregated behavior.
• Statistical outputs and system-level analytics.

Users have no ownership claim in derivative system improvements.

We may retain de-identified and aggregated data indefinitely.

The Service may use AI and automated systems.

You acknowledge:

• AI-generated outputs may be inaccurate or incomplete.
• Outputs are provided for educational purposes only.
• We do not guarantee specific learning outcomes.
• You are responsible for independent verification.

You may not:

• Attempt prompt injection attacks.
• Attempt to extract model training data.
• Use the Service to generate unlawful or harmful content.

We are not liable for reliance on AI-generated outputs.

You agree not to:

• Violate laws.
• Infringe rights.
• Disrupt infrastructure.
• Interfere with security.
• Use automated tools to extract data.
• Access non-public areas of the system.

We may investigate violations and cooperate with authorities.

We may offer experimental features.

They:

• May change or be removed at any time.
• May contain errors.
• Are provided without warranties.

Use is at your own risk.

Use of the Service is governed by our Privacy Policy.

We implement reasonable safeguards but do not guarantee absolute security.

Upon account deletion:

• Personal data is handled according to our Privacy Policy.
• Certain data may be retained for legal, audit, fraud prevention, or compliance purposes.
• Backup copies may persist temporarily.

If you believe content infringes your copyright, you may submit a notice to legal@kumiai.io including:

• Identification of the copyrighted work.
• Identification of infringing material.
• Contact information.
• A statement under penalty of perjury of ownership.
• Your signature.

We may remove infringing content and terminate repeat infringers.

We may modify, suspend, or discontinue the Service or any feature at any time without liability.

We do not guarantee uptime, uninterrupted availability, or maintenance-free operation.

You represent that you are not located in, or a resident of, a sanctioned jurisdiction and are not on any prohibited party list.

You will not use the Service in violation of export laws.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY
• UNINTERRUPTED ACCESS

We do not guarantee proficiency or exam outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for indirect, incidental, consequential, punitive, or special damages.
• We are not liable for data loss or business interruption.
• Our total liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim.

This limitation applies regardless of legal theory and even if remedies fail of essential purpose.

You agree to indemnify Kumiai from claims arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your User Content.
• Your violation of law or third-party rights.

California residents waive California Civil Code §1542, which states that a general release does not extend to claims unknown at the time of release.

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, government actions, or cloud service failures.

We may suspend or terminate access at any time for violations, abuse, fraud, or security risks.

Provisions that by nature should survive termination will remain in effect.

19.1 Governing Law

These Terms are governed by Delaware law.

19.2 Binding Arbitration

All disputes shall be resolved by binding arbitration administered by the American Arbitration Association.

Arbitration shall occur in Delaware.

YOU WAIVE THE RIGHT TO A JURY TRIAL.

YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS.

The arbitrator shall have exclusive authority to resolve disputes regarding enforceability of this arbitration provision.

If any portion of this arbitration clause is found unenforceable, the remaining portions remain enforceable.

You may opt out within 30 days of first acceptance by emailing legal@kumiai.io.

19.3 Injunctive Relief

Either party may seek equitable relief to protect intellectual property rights.

You may not assign these Terms without our consent.

We may assign these Terms without restriction, including in connection with merger, acquisition, or sale of assets.

If you access or download the Service through a third-party platform such as the Apple App Store or Google Play (each, a "Platform Provider"), the following additional terms apply:

• These Terms are between you and Kumiai, not the Platform Provider. Kumiai is solely responsible for the Service.
• The Platform Provider has no obligation to provide maintenance, support, or warranty services for the Service.
• To the maximum extent permitted by applicable law, the Platform Provider will have no warranty obligation with respect to the Service.
• The Platform Provider is not responsible for addressing any claims relating to the Service, including:
  • Product liability claims
  • Claims that the Service fails to conform to legal or regulatory requirements
  • Claims arising under consumer protection or similar laws
• In the event of any third-party claim that the Service infringes intellectual property rights, Kumiai — not the Platform Provider — will be solely responsible for investigation, defense, settlement, and discharge of such claim.
• You must comply with all applicable third-party terms of service when using the Service.
• The Apple App Store and Google Play (as applicable) and their respective subsidiaries are third-party beneficiaries of this section and may enforce it against you.

These Terms and the Privacy Policy constitute the entire agreement between you and Kumiai.

If any provision is unenforceable, remaining provisions remain in effect.