Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Kobalgo Inc. ("Company," "we," "us," or "our") concerning your access to and use of the Dilimatic platform (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under applicable law
• All information you provide is accurate and current

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Excessive use that impacts system performance
• Non-payment of fees
• Any other reason at our sole discretion

4. Use of the Service

4.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

4.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices
• Use the Service to harass, abuse, or harm others
• Share your account credentials with others
• Scrape, mine, or extract data through automated means
• Resell or redistribute the Service without authorization
• Use the Service to compete with us or create similar products
• Exceed rate limits or abuse system resources

4.3 Rate Limits

To ensure fair usage and system stability, the following rate limits apply:

• 5 minutes: Maximum 3 uploads
• 1 hour: Maximum 10 uploads
• 24 hours: Maximum 50 uploads

Violation of rate limits may result in temporary or permanent account suspension.

4.4 Nature of the Service

5. Your Content and Data

5.1 Ownership

You retain all ownership rights to the documents and data you upload to the Service ("Your Content"). You grant us a limited license to process Your Content solely to provide the Service.

5.2 Team & Workspace Ownership

Notwithstanding Section 5.1, when you use the Service as part of a Team Workspace, any Content you upload or generate (including analyses, comments, and reports) is owned by the Organization or Entity that controls the workspace.

By sharing an analysis with your Team, you grant all members of that Workspace the right to view, download, and comment on that data. Kobalgo Inc. is not responsible for the internal data management, access revocations, or sharing actions taken by your Team Administrators.

5.3 User Responsibility for Data

You acknowledge and agree that the accuracy of the Service’s analysis depends entirely on the quality and accuracy of the data you provide. You are solely responsible for ensuring that all documents, surveys, and information uploaded to the Service are accurate, complete, and up-to-date.

Kobalgo Inc. shall have no liability for any analysis, report, or conclusion that is flawed, misleading, or incorrect due to errors, omissions, or misrepresentations in the User Content provided by you.

5.3 AI Technology and Disclaimers

The Service utilizes artificial intelligence technologies which are probabilistic in nature. By using the Service, you acknowledge that:

• The Service may produce output that is inaccurate, incomplete, or "hallucinated".
• Results serve as a foundation for expert review and must be independently verified.
• The user assumes all risk for reliance on insights and is solely responsible for verifying all findings, red flags, and calculations before taking action.

6. Pricing and Payment

6.1 Subscription Plans

We offer various subscription plans with different usage limits. Current pricing is available on our website and may be changed with 30 days' notice.

6.2 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method automatically
• Failed payments may result in service suspension
• You're responsible for all taxes except those based on our net income

6.3 Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for partial months.

6.4 Free Trial

If you sign up for a free trial, you will have access to the Service for the trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

7. Intellectual Property

7.1 Our IP

The Service, including all software, algorithms, designs, graphics, and content (excluding Your Content), is owned by Kobalgo Inc. and protected by copyright, trademark, and other intellectual property laws.

7.2 Trademarks

"Dilimatic," the Dilimatic logo, and other marks are trademarks of Kobalgo Inc. You may not use our trademarks without prior written consent.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use them without any obligation to you.

8. Disclaimers

We specifically disclaim any warranties that:

• The Service will be uninterrupted, secure, or error-free
• The results will be accurate, reliable, or complete
• Defects will be corrected
• The Service meets your specific requirements
• The Service may experience occasional latency, "cold starts," or scheduling delays of up to 60 minutes due to infrastructure maintenance and limitations.

THIS IS NOT PROFESSIONAL ADVICE: The Service provides AI-generated analysis for informational purposes only. It does not constitute legal, financial, tax, or professional advice. Always consult qualified professionals for important business decisions.

9. Limitation of Liability

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Kobalgo Inc. shall not be liable for the actions, omissions, or content of any third party, including other Users within your Workspace or Team. You acknowledge that you use collaborative features at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kobalgo Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

11. Dispute Resolution

11.1 Governing Law

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

11.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court.

11.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action. You waive the right to participate in class actions.

12. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to:

• Collection and processing of your data as described in the Privacy Policy
• Storage of your primary data on servers located in West EU (Paris), France (European Union), with supporting services processed by US-based providers
• Use of third-party service providers (Anthropic, Supabase, Clerk, Vercel)

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms with a new "Last updated" date
• Sending an email to your registered email address
• Displaying a prominent notice in the Service

Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.

14. Termination

14.1 By You

You may terminate your account at any time through the account settings or by contacting us. Upon termination, your data will be deleted in accordance with our Privacy Policy.

14.2 By Us

We may terminate or suspend your access immediately, without notice, for:

• Violation of these Terms
• Illegal, fraudulent, or abusive conduct
• Non-payment of fees
• At our discretion, with 30 days' notice for convenience

14.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You will no longer have access to Your Content
• We may delete Your Content after 30 days
• Sections of these Terms that should survive termination will remain in effect

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kobalgo Inc. regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 No Fiduciary Relationship

Nothing in these Terms shall be construed as creating a partnership, joint venture, or fiduciary relationship between Kobalgo Inc. and the User. You acknowledge that Dilimatic is a software provider and not a financial or legal advisor.

16. Contact Information

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