End User License Agreement

This Agreement governs the Kunobi desktop application (the "Software") and optional online services (the "Services") provided by Zondax AG, Dammstrasse 16, 6300 Zug, Switzerland ("Zondax", "we", "us"). Together, these are "Kunobi". Features depend on your plan and release channel.

You accept this Agreement by installing or using Kunobi. If you disagree, do not use it. You must have reached the age of majority where you live and have capacity to contract. If you act for an organisation, you must have authority to bind it; "you" includes that organisation.

1. Licence and intellectual property

Zondax grants you a limited, non-exclusive, non-transferable, revocable licence to use the Software and available Services for personal use or your organisation's internal business, subject to this Agreement and your plan. The licence may end under Section 13.

Zondax and its licensors retain their rights in the Software, documentation, Services and branding. Third-party and open-source licences govern their respective components and prevail where they conflict with this Agreement. No separate trademark rights are granted.

Fees and billing terms are set out in separate order or subscription terms. Prices and plans may change under those terms and applicable law without a new EULA. Installing or using a free version does not, by itself, authorise a charge.

2. Restrictions

You may not:

• sell, rent, sublicense or redistribute the Software;
• reverse engineer, decompile or disassemble it except where applicable law permits despite this restriction;
• remove ownership notices;
• use Kunobi unlawfully, infringe others' rights, or gain unauthorised access to systems or data;
• distribute malware, phishing or deceptive instructions intended to make an agent bypass permissions or act without authorisation;
• impersonate others or circumvent access controls or security measures;
• breach applicable sanctions, embargoes or export-control laws.

Lawful, authorised security research and malware analysis are permitted within that authorisation, without exposing others to unauthorised harm.

3. Your content and sharing

You and other rights holders retain your rights in files, memory and other content used with Kunobi ("Content"). Zondax does not acquire ownership of it or use it to train AI models.

For features you request, you grant Zondax and providers acting for us a limited, non-exclusive, royalty-free licence to process, copy, transmit, store and display Content as needed to provide those features and carry out the retention and deletion described in the Privacy Policy. Copies retained for law or security remain limited to those purposes. This does not permit unrelated commercial use, advertising or publication you have not requested. Feedback and reports are covered by Section 7.

You are responsible for your Content, the access you authorise and the rights and permissions needed to use or share it, including personal and confidential information.

Sharing and synchronisation may use relays, propagate changes and deletions, and leave copies or history with recipients. Public links may expose Content to anyone with the link. Revoking access or deleting files does not retrieve copies already received. Keep independent backups; synchronisation is not a backup.

Shared Content may contain harmful code or instructions. Permission to view or sync it does not itself authorise execution, disclosure of other data, permission changes or spending. Your local files remain yours after this Agreement ends.

4. Pre-release builds and features

Unstable, nightly, dev, alpha, beta, RC, preview, early-access and other non-stable builds or features are pre-release. During early access, builds are pre-release unless expressly identified as stable.

They are for testing and evaluation and are unsuitable for production or critical use. They may contain defects or security vulnerabilities, interrupt work or lose data. Features, compatibility and formats may change or be withdrawn. Except where required by law or separately agreed, there is no commitment to support, fix deadlines, migration, downgrade or recovery tools, or a stable release. Sections 10 and 11 apply.

5. Connected AI tools

You choose the tools you connect and the Content they can access. Their own terms govern their services and processing. You can disconnect them, but this does not erase data they already received.

AI output may be inaccurate, unsuitable, non-unique or subject to third-party rights; check it before relying on it. Zondax claims no ownership of your AI outputs and does not warrant them or their eligibility for intellectual-property protection.

6. Purchases through connected tools

You are responsible for purchases you authorise through connected agents or tools and for the permissions and limits you configure. Connecting a tool does not itself authorise spending. Third-party sellers and payment providers supply their services under their own terms; unless separately agreed, Zondax is not a party to those transactions. Purchases from Zondax follow Section 1. Section 11 and mandatory consumer rights apply.

7. Feedback and reports

To the extent you can grant the rights, you permit Zondax and providers acting for us to use, copy and adapt reports and materials you submit to diagnose problems, test fixes and improve Kunobi. You also grant Zondax a non-exclusive, worldwide, royalty-free licence to use your ideas and suggestions in products and services we develop and commercialise, without payment to you. This licence survives termination.

You retain your intellectual-property rights. Ideas and suggestions are not confidential unless separately agreed. These permissions do not authorise access to other Content, publication of your reports, advertising use or AI training on submissions. Personal data is governed by the Privacy Policy.

8. Support and availability

Contact hello@kunobi.com for support. During early access, there is no guaranteed response time or service level. We may change, suspend or end features, subject to applicable law and commitments in your paid plan.

9. Privacy

The desktop Privacy Policy describes local storage, online features, connected providers, telemetry and reports. The website has its own policy. Using online features or connected tools may transmit Content and account or connection data. This Agreement does not replace a lawful basis for processing personal data or limit data-protection rights.

10. No warranty

Kunobi is provided "as is" and "as available". To the extent permitted by law, we disclaim warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee uninterrupted or error-free operation, data recovery, harmless Content or detection of every security threat.

Except where required by law, we do not undertake to monitor all Content, investigate every report, prevent every attack or respond or provide a remedy within a particular time. The exceptions in Section 11 apply to this section.

11. Limitation of liability

Nothing in this Agreement excludes or limits liability for fraud, intent or gross negligence, for death or personal injury caused by negligence, or for any liability that applicable law does not allow us to exclude or limit. Mandatory consumer rights are unaffected. These exceptions apply to every exclusion and limit in this Agreement, including the paragraphs below.

Subject to those exceptions and to the fullest extent permitted by law, Zondax is not liable for indirect, incidental, special or consequential damages, lost profits, lost business, or lost or corrupted data arising out of or relating to Kunobi.

For liability that is not excluded above and may lawfully be limited, Zondax's total aggregate liability for all claims arising from the same event or a series of related events is limited to the fees you paid Zondax for Kunobi during the twelve months before the first event giving rise to those claims. This includes direct damages and applies regardless of whether a claim is based on contract, tort or another legal ground. Unrelated events are assessed separately using their own twelve-month period.

Only fees for using Kunobi count towards this limit. Taxes and amounts paid for third-party goods or services, including purchases made by your agents, do not count. If you paid no fees for Kunobi during the relevant period, the limit is zero, but only where applicable law permits that result and subject to the exceptions above.

12. Changes to this Agreement

This is version 1.2. kunobi.com/eula identifies the current version and effective date. Changes are published as new versions; published versions remain unchanged and available.

Non-material corrections take effect when posted. Material changes take effect on the stated date after reasonable notice through Kunobi or email where we have your address. Continued use accepts the new terms only where permitted by law. If you disagree, stop using Kunobi and uninstall the Software. Any consent, notice, cancellation or refund rights required by law or agreed in your paid plan remain unaffected.

13. Termination

You can end this Agreement by stopping use of the Services and uninstalling the Software. We may suspend access or terminate for breach, or discontinue Kunobi, subject to applicable law and agreed paid-plan terms.

Where we control access, we may restrict or revoke accounts, grants or links, or remove hosted Content, to address suspected abuse, security risks, breach or legal requirements. We may act without prior notice where lawful. This does not authorise deletion of local files or retrieval of recipients' copies.

When this Agreement ends, your licence and Service access end. Your local files remain yours. Accrued rights, amounts owed and any cancellation or refund rights under law or agreed paid terms are unaffected. Sections 3, 7, 10, 11, 14 and 15 survive.

14. Governing law

Swiss law governs this Agreement, without regard to conflict-of-law rules, and the courts of Zug, Switzerland have exclusive jurisdiction. Mandatory consumer protections and venues remain unaffected.

15. Other terms

• Severability: an unenforceable provision does not apply to that extent. The remainder continues where permitted by law.
• Assignment: you need our consent to assign this Agreement. We may assign it in a merger, acquisition or asset sale.
• Waiver: failing to enforce a provision does not waive it.
• Entire agreement: this Agreement and separately agreed plan, order or data-processing terms govern your use of Kunobi. Specifically agreed terms prevail on their subject matter. The Privacy Policy does not replace a required data-processing agreement.

Contact

Agreement and security enquiries: hello@kunobi.com. Privacy: dataprotection@zondax.ch.