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Terms of Service

Last updated: January 15, 2024

1. Acceptance of Terms

By accessing or using Kona Sense ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

Kona Sense is an AI security platform that provides data loss prevention (DLP), prompt injection detection, and governance for AI interactions. The Service includes browser extensions, policy enforcement agents, and administrative dashboards.

3. Account Registration

You must provide accurate, complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Acceptable Use

4.1 Permitted Use

You may use the Service to:

  • Protect your organization from AI-related data leaks and security risks
  • Enforce policies on AI usage by your employees
  • Monitor and audit AI interactions for compliance

4.2 Prohibited Use

You may NOT use the Service to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Transmit malware, viruses, or malicious code
  • Circumvent security features or access controls
  • Reverse engineer or attempt to extract source code
  • Resell or redistribute the Service without authorization

5. Subscription and Payment

The Service is provided on a subscription basis. Fees are billed in advance and are non-refundable except as required by law. We may change pricing with 30 days notice.

6. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. We process data as a data processor on your behalf. You remain the data controller and are responsible for compliance with applicable data protection laws.

7. Intellectual Property

Kona Sense retains all rights, title, and interest in the Service, including all intellectual property rights. You retain ownership of your data.

8. Service Level Agreement (SLA)

We strive for 99.9% uptime for Enterprise customers. SLA details and remedies are provided in your Enterprise Agreement.

9. Warranties and Disclaimers

The Service is provided "AS IS" without warranties of any kind. We do not guarantee that the Service will be error-free, secure, or uninterrupted. You use the Service at your own risk.

10. Limitation of Liability

To the maximum extent permitted by law, Kona Sense shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill. Our total liability shall not exceed the amount you paid in the last 12 months.

11. Indemnification

You agree to indemnify and hold Kona Sense harmless from any claims arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

12. Termination

Either party may terminate the agreement with 30 days written notice. We may suspend or terminate your account immediately for violation of these Terms. Upon termination, you must cease using the Service and may request data export.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or service notification. Continued use after changes constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Disputes shall be resolved in courts located in San Francisco, California.

15. Severability

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

16. Entire Agreement

These Terms, together with the Privacy Policy and any Enterprise Agreement, constitute the entire agreement between you and Kona Sense.

17. Contact

For questions about these Terms, contact us at: legal@konasense.com

Enterprise Customers

If you have an Enterprise Agreement, the terms in that agreement may supersede certain provisions of these Terms. Contact your account manager for details.